Resolution - #91-09-209 - 09/10/1991

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Together with a 40.00 foot wide permanent easement for drainage and utility purposes and a 200.00 foot wide temporary construction easement over, under and across the first above described property. Said permanent easement being 20.00 feet on each side of the following described line and said temporary easement being 120.00 feet to the left and 80.00 feet to the fight of said following described line. Said line is described as follows: Beginning at the terminus of the last above described line; thence continue North 33 degrees 12 minutes 08 seconds West 449.24 feet; thence South 43 degrees, 51 minutes 06 seconds West 570.00 feet; thence South 58 degrees 44 minutes 01 seconds West 50.00 feet and there terminating. The side lines of said easement are lengthened or shortened to terminate of the south and west lines of said Southeast Quarter of the Northeast Quarter. WHEREAS, the City Council finds that it is in the City's best interest that the project proceed as quickly as possible and therefore, the City needs to acquire possession of the necessary parcels prior to filing an award by the Court Appointed Commissioners; and WHEREAS, the City has the right to acquire easements prior to the filing of an award by the Court Appointed Commissioners, pursuant to Minnesota Statutes § 117.011 and § 117.042; and WHEREAS, City Construction Fund #435013 (Trunks: Chestnut Hills, Chestnut Pond, Cedar Hills, Windemere Woods, Wood Pond Hills and Fleischer's 2nd Additions) has been established for the purpose of accumulating costs for Improvement Project g91-13. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1) That the City Administrator is hereby directed to acquire the perpetual easements as described above in accordance with Minnesota Statutes. The City Administrator is authorized to negotiate and represent the City of Ramsey in all proceedings. 2) That those lands as described above which cannot be acquired by direct negotiation shall be acquired by eminent domain. 3) That the City Council hereby authorizes acquisition of land 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 Minnesota Statute § 117.011 and § 117.042. 4) That the City Administrator 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. 5) That the City Administrator is authorized to expend necessary funds for appraisals of above described easements limited to $500.00 for each appraisal requested by affected land owners.