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<br />~ i I <br /> <br />'. , <br /> <br />!: ~~; <br /> <br />RESOLUTION NO. 02-045 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AUTHORIZING ACQUISITION OF <br />EASEMENTS BY EMINENT DOMAIN <br /> <br />WHEREAS, the City of New Brighton is a municipal corporation organized and operating <br />under Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465.01 to <br />;, acquire private property for an authorized public purpose, using the procedure prescribed by <br />Minnesota Statutes, Chapter 117; and <br /> <br />WHEREAS, the City has identified the need to acquire permanent right of way easements and i <br />temporary construction easements over certain real properties located in the City of New Brighton for <br />purposes of City Project No. 02-3, which is Phase II of the Silver Lake Road improvements; and <br /> <br />WHEREAS, the City staff has been unable to obtain a negotiated agreement with the owners of <br />the affected properties. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Brighton: <br /> <br />1. The City Council makes the following findings of fact: <br /> <br />a. It is necessary and desirable that Silver Lake Road be improved and <br />widened, in the interests of public safety. <br /> <br />b. The City Council has established City Project No. 02-3 for the purpose of <br />improving and widening Silver Lake Road. <br /> <br />c. The City Council has previously authorized Evergreen Land Services to <br />negotiate for the acquisition of the easements necessary for Project No. 02- <br />3, but Evergreen Land Services has been unable to reach a negotiated ! <br />agreements with all affected property owners. <br /> <br />d. The construction of the improvement project is scheduled to begin in Ju1y <br />2002. <br /> <br />2. The City Council determines that it is necessary, convenient and for a public purpose to <br />acquire the permanent and temporary easements for Project No. 02~3, subject to such easements and <br />encumbrances as the city engineer determines will not interfere with the City's proposed use of the i <br />easements. <br /> <br />3. The City Attorney is authorized and directed on behalf of the City to commence an <br />action in eminent domain for the purpose of acquiring the permanent and temporary easements for <br />Project No. 02-3. The City Attorney further is authorized to take all actions necessary and desirable to <br />carry out the purposes of this resolution, including the acquisition of the easements pursuant to Minn. <br />Stat. 9 117.042. <br /> <br />4. All prior actions of the City staff to acquire the easements consistent with this resolution <br />are hereby ratified. <br /> <br />0203tesol.doc <br />