Resolution - #05-12-425 (amends Res. #05-06-169) - 12/13/2005

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WHEREAS, the property owners of the Permanent Easements and the Anoka County PIN for the parcels from which the Permanent Easements are to be taken have been identified by the City on attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ICTY 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 Permanent Easements. 2) The acquisition of the Permanent 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 Permanent Easements as described above in accordance with Minnesota Statutes and the City Charter and specifically the City Administrator is directed to make a good faith attempt to negotiate personally with the owners of the Permanent Easements in order to acquire the permanent easements by direct negotiation in place of the use of eminent domain proceedings, which negotiations are pursuant to the requirements of Minn. State. ~ 117.036. 5) The City Administrator is authorized to expend necessary funds for appraisals of the Permanent Easements. Before commencing an eminent domain proceeding pursuant to this resolution, the City Administrator on behalf of the City shall obtain at lease one appraisal for each of the properties described above. At least 20 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 their right to obtain an appraisal pursuant to Minn. Stat. ~ 117.036. 6) That if the Permanent Easements cannot be acquired by direct negotiation, they shall be acquired by eminent domain and that the City hereby authorizes acquisition .of the Permanent 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 eminent domain petition and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or Court. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Cook, and upon vote being taken thereon, the following voted in favor thereof: Resolution #05-12-425 Page 2 of3