HomeMy WebLinkAboutResolution - 80-120 - Authorizing and Directing the Acquisition of Certain Lands by Eminent Domain for IC 51-310 - 07/01/1980 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-120
.RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF
CERTAIN LANDS BY EMINENT DOMAIN
WHEREAS, the City Council is empowered by Minnesota Statutes 412.221,
Subdivision 6, to lay out and open public ways and paths;
WHEREAS, the City is empowered by Minnesota Statutes 412.221 to acquire
real property, as the purposes of the City may require, by condemnation;
WHEREAS, the City Council by Resolution No. -969 on-April 1, 1975
authorized the application for Community Development Block Grant funds for
first phase implementation of the hikeway/bikeway plan that included the
bikeway adjacent to County Road 4;
WHEREAS, the City Council by Resolution No. 1091 on February 3, 1976
authorized the application for Community Development Block Grant funds for 1976
to continue implementation of the hikeway/bikeway trail plan adjacent to
County Road 4;
WHEREAS, the City Council by Resolution No. R80<108 on June 3, 1980
approved the grant agreement No. 27-1094-02 with MN/DOT for County Road 4
Bikeway Project I.C. 51-310;
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WHEREAS, the offices of the City Engineer and Community Services Depart-
ment have prepared plans and specifications for the construction of said
right-of-way, denoted as project I.C. SI-310;
WHEREAS, the City has acquired all necessary easements for said right-
of-way except for that portion described on the attached Exhibit A;
WHEREAS, it is necessary, advisable and expedient and in the public
interest to acquire the easement described in Exhibit A as recommended by
the City Engineer and Director of Community Services for the purpose of
such improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota:
1. The City shall proceed by eminent domain to acquire title to the
easement described on Exhibit A.
2. The City attorney is authorized and directed to prepare petitions
and serve notices as required by law and to prosecute such proceedings to
a successful conclusion or until abandoned, dismissed or terminated by the
City or by the court, and the city attorney, the mayor and the clerk shall do
all things necessary in connection with the commencement, prosecution and
successful termination of such proceedings. It is understood that if the
city attorney can obtain the•required easement in writing by negotiation
at any time the said lands shall not be included or shall be dismissed from
said proceedings.
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ADOPTED, by the City Council of Eden Prairie this 1st day of -,lrily
1980.
` fg H. enzel, Mayor
ATTEST:
J D. e, Clerk SEAL
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A 20' wide strip of land, located'within .the Chicago & Northwestern
Railroad right-of-way, the westerly line bf said strip lies 46'
easterly of the west line of the northeast 1/4 of- the southeast 1/4, t
Section 17, Township 116, Range 22
EXHIBIT A
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