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7 ~~ ! . . ....,~. CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN EASEMENTS BY EMINENT DOMAIN No. 98-105 WHEREAS, the City of New Brighton ("City") is a municipal corporation and subdivision of the State of Minnesota organized and operating under Minnesota law, and is authorized by Minn. Stat. S 412.211 to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117; WHEREAS, the City's stonn water management plan has identified the need for additional stonn water drainage ponding areas within the City; and WHEREAS, City staff members have identified an appropriate location for a storm water ponding area and related facilities on portions of certain properties located in the City and described on the attached Exhibit A (the "Subject Properties"); and WHEREAS, in order to construct such facilities on the Subject Properties, it is necessary to acquire certain pennanent and temporary easements over portions of the Subject Properties, as more fully described in the attached Exhibit A (the "Easements"); and WHEREAS, the acquisition, construction, operation, and maintenance of stonn water drainage facilities and ponding area are necessary and convenient for the promotion of the public health and the protection of the environment; and WHEREAS, the City desires to construct the stonn water drainage improvements within the Easement areas during the 1999 construction season; and WHEREAS, City staff members have been unsuccessful in their efforts to acquire the necessary easements over the Subject Properties by negotiation upon tenns and conditions acceptable to the City. NOW, THEREFORE, be it resolved by the City Council of the City of New Brighton: 1. The City Council hereby fmds that it is necessary and in the public interest to acquire the Easements over portions of the Subject Properties. 2. The City attorney and staff are authorized and directed to commence eminent domain proceedings to acquire penn anent and temporary easements over the Subject Properties, pursuant to Minnesota Statutes, Section 117.042 and to pay to the owners or into court, a sum of money to secure compensation to the owners of the Properties, which amount shall be equal to the City's approved appraisal of value as detennined by staff. 3. The Easements to be acquired are described on the attached Exhibit A CAH-154064 NE136-24 1