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<br />Councilmember Pearson introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #05-12-427 <br /> <br />RESOLUTION AUTHORIZING 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 l6ih Avenue <br />and west of County Road 5, and which public improvement is known as City Improvement <br />Project #03-20. Said public improvement is to serve the public recreation and municipal utility <br />needs of the City's residents (the "Public Improvement"); and <br /> <br />WHEREAS, in order to facilitate 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 appoint commissioners, pursuant to Minn. <br />Stat. ~117.011 through 9117.042; 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 />