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Councilmember <br />for its adoption: <br /> <br />introduced the following resolution and moved <br /> <br />RESOLUTION #05-12- <br /> <br />RESOLUTION AUTHOR/ZING ACQUISITION OF PERMANENT UTILITY AND <br />TRAIL EASEMENTS NECESSARY FOR CITY IMPROVEMENT PROJECT 03-20. <br /> <br /> WHEREAS, the City finds it necessary and in the public interest to acquire permanent <br />Trail and Utility easements for a public improvement consisting of the extension of municipal <br />sewer and water services to the northwest area of the City which area lies north of 167th Avenue <br />and west of County Road 5, and which public improvement is known as City Improvement <br />Project No. 03-20. Said public improvement is to .serve the public recreation and municipal <br />utility needs of the City's residents (the "Public Improvement"); and <br /> <br /> WHEREAS, in order to facilit'ate the Public Improvement, it-is necessary to acquire <br />certain permanent street and utility easements; and <br /> <br /> WHEREAS, the legal description of the permanent public trail and ~utility easements <br />necessary to be acquired are as follows: <br /> <br />see attached EXHIBIT A <br /> <br />(the "Permanent Easements"); and <br /> <br /> WHEREAS, the City declares that it is in the public interest to acqUire the Permanent <br />Easements above described; and <br /> <br /> WHEREAS, the City desires to acquire the Permanent Easements by direct negotiations <br />with the Property owners, if reasonably possible; and ' '~ <br /> <br /> WHEREAS, in the event it is not reasonably possible to acquire the Permanent <br />Easements by direct negotiation, the City has authority to acquire the Permanent Easements for <br />the Public Improvement by eminent domain pursuant to Minn. Stat. Chapter 117 and City <br />Charter; and <br /> <br /> WHEREAS, the City has the right to acquire title and possession of the Permanent <br />Easements prior to the filing of an award bY the CoUrt appointed commissioners, pursuant to <br />Minn. Stat. §117.011 through §117.042; and <br /> <br /> WHEREAS, the City finds and declares that it is in the public interest to acquire title to <br />and possession of the Permanent Easements prior to the filing of an award by the Court <br />Appointed Commissioners; and <br /> <br /> WHEREAS, the property owners of the Permanent Easements and the Anoka County <br />PIN for the parcels from which the Permanent Easements are to be taken have been identified by <br />the City on attached Exhibit A. <br /> <br />-510- <br /> <br /> <br />