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.. .. :, -. ",'. Ressolution No.OO-OiG CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING ACQUISITION OF SIDEWALK EASEMENT BY EMINENT DOMAIN WHEREAS, the City of New Brighton ("City") is a municipal corporation and subdivision ofthe State of Minnesota organized and operating under Minnesota law, and is authorized by Minn. Stat. S 412.211 and S 465.01 to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117; and WHEREAS, under Minn. Stat. S 412.221, subdivision 6, the City council has the power to change or widen public streets and to layout, repair and improve sidewalks, paths and crosswalks; and WHEREAS, the Soo Line Railroad occupies a 100-foot strip ofland as depicted in the plat of Mounds View Acres 2nd Addition; and WHEREAS, through continuous use over a period of many years, the public has worn a pedestrian footpath across the Soo Line Railroad right of way, from a point beginning at the intersection of the westerly right of way line of the Soo Line Railroad and Silver Lane (dedicated as Orchard Place in the plats of Mounds View Addition and Mounds View 2nd Addition) to a point ending at the intersection of the easterly right of way line of the Soo Line Railroad and Foss Road (dedicated as Orchard Place in the plat of Mounds View 2nd Addition); and WHEREAS, the pedestrian footpath creates a significant danger to public safety, due in part to the unimproved nature of the footpath and the angle at which it crosses the railroad tracks; and WHEREAS, the public safety of the pedestrian crossing would be improved by installing a public sidewalk designed to provide a crossing that is perpendicular to the railroad tracks; and WHEREAS, the City staff has attempted to negotiate an agreement with the Soo Line Railroad Company for a permit to cross the railroad but has been unsuccessful in doing so; and WHEREAS, the construction of a sidewalk across the railroad's property (as legally described on the attached Exhibit A) would serve a public purpose; and WHEREAS, the City desires to construct the sidewalk during the 2000 construction season. NOW, THEREFORE, be it resolved by the City Council of the City of New Brighton: The City Council hereby finds that it is necessary and in the public interest to acquire an easement for sidewalk purposes over the property described on the attached Exhibit A (the "Subject Property"). The City attorney and staff are authorized and directed to commence eminent domain proceedings to acquire a permanent sidewalk easement over the Subject Property, 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 Property, which amount shall be equal to the City's approved appraisal of value as determined by stafY. CAH-177030vl NE 136-156