Agenda - Council - 12/13/2005 - Laserfiche WebLink

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Councilmember for its adoption: introduced the following resolution and moved RESOLUTION #05-t2- RESOLUTION AUTHORIZING ACQUISITION OF PERMANENT STREET AND UTILITY' EASEMENTS NECESSARY FOR THE IMPROVEMENT OF POTASSIUM sTREET NORTHWEST WHEREAS} the City finds it necessary and in the public interest to acquire permanent street and utility easements for the improvement of Potassium Street NW to serve the public transportation needs of the City's residents. (The "Public Improvement"); and WHEREAS, in order to facilitate the Public Improvement, it is necessary to acquire certain permanent street and utility easements; and WHEREAS, by its Resolution 05-06- the City approved ,,,~,~,~,t .... of t.h.e Permanent Easements, but since the date of the said Resolution it has become necessary to modify the legal description of the easements; and WHEREAS, the legal description of the permanent street and utility easements necessary to be acquired are as follows: see attached EXHIBIT A (the "Permanent Easements"); and WHEREAS, the City declares that it is in the public interest to acquire the Permanent Easements above described; and WHEREAS, the City desires to acquire the Permanent Easements by direct negotiations with the Property owners, if reasonably possible; and WHEREAS, in the event it is not reasonably possible to acquire the Permanent Easements by direct negotiation, the City has authority to acquire the Permanent Easements for the Public'Improvement by eminent domain pursuant to Minn. Stat. Chapter 117 and City Charter; and WHEREAS, the City has the right to acquire title and possession of the Permanent Easements prior to the filing of an award by the Court appointed commissioners, pursuant to Mi~m. Stat. §117.01 t through §117.042; and WHEREAS, the City finds and declares that it is in the public interest to acquire title to and possession of the Permanent Easements prior to the filing of an award by the Court Appointed Commissioners; and -491-