Resolution - #12-03-045A - 03/27/2012

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PIN FEE OWNER 29- 32 -25 -11 -0008 Arnie R. Billmark 29- 32 -25 -11 -0011 National Growth, LLC, a Minnesota limited liability company NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, AS FOLLOWS: 1. That in order to carry out the purposes and objectives described above it is necessary to acquire the Easements. 2. The acquisition of the Easements by exercise of eminent domain in the manner provided by Minnesota Statute Chapter 117 serves a public interest and is deemed to be necessary. 3. The City Administrator is authorized to negotiate and represent the City of Ramsey in all proceedings. 4. That the City Administrator is hereby directed to acquire the Easements as described above in accordance with Minnesota Statutes and specifically the City Administrator is directed to make a good faith attempt to negotiate personally with the owners of the Easements in order to acquire the property by direct negotiations in place of the use of eminent domain proceedings, which negotiations are pursuant to the requirements of Minn. Stat. §117.036. 5. The City Administrator is authorized to expend necessary funds for appraisals of the Easements. Before commencing an eminent domain proceeding pursuant to this resolution, the City Administrator on behalf of the City shall obtain at least one appraisal for each of the Easements described above. At least 60 days before presenting an eminent domain petition to the District Court, the City Administrator shall provide the owner with a copy of the appraisal and inform the owners of the their right to obtain an appraisal pursuant to Minn. Stat. §117.036. 6. That if the Easements cannot be acquired by direct negotiation, they shall be acquired by eminent domain and that the City hereby authorizes acquisition of the Easements by eminent domain and to take title and possession of that land prior to filing of an award by the Court Appointed Commissioners pursuant to Minn. Stat. §117.011 and § 117.042. 7. Upon direction of the City Administrator, the City Attorney is authorized to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or Court. The motion of the adoption of the foregoing resolution was duly seconded by Councilmember McGlone, and upon vote being taken thereon, the following in favor thereof. Mayor Ramsey Councilmember McGlone Councilmember Backous 2