HomeMy WebLinkAboutResolution - 81-119 - Authorizing & Directing Acquisition of Certain Lands by Eminent Domain - 06/16/1981 June 16, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY , MINNESOTA
RESOLUTION NO . R81 -1 1 9
RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION
OF CERTAIN LANDS BY EMINENT DOMAIN
WHEREAS , the City Council is empowered by Minnesota Statutes
412 . 221 , to lay out and open public ways and streets , establish
and maintain sewers and to provide water supply ;
WHEREAS , the City is empowered by Minnesota Statutes 412 . 211
to acquire real property , as the purposes of the City may require ,
by condemnation ;
WHEREAS , the City Council by Resolution No . 80-94 on May 20 ,
1980 , ordered the construction of improvements known as Valley
View Road and Dell Road, Phase II , Project I .C . 51. -325 Phase II ;
WHEREAS , the office of the City Engineer has prepared plans
and specifications for the construction of said project, denoted
as project I .C . 51-325 Phase II ;
WHEREAS, the City Council. by Resolution No . 80-168 on
September 2 , 1980 , awarded the contract for said projects to
Progressive Contracting;
WHEREAS , the City has acquired all necessary rights-of-way
for said project except over certain parcels of property situated
in the Northeast Quarter of the Northeast Quarter of Section 71,
Township 116 , Range 22 and the Northwest Quarter of the Northwest
Quarter of Section 8 , Township 116 , Range 22 ;
WHEREAS, it is necessary , advisable and expedient_ and in
the public interest to acquire rights-of-way over parcels situated
in the above-described property as recommended by the City engineer
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 such rights-of-way over the property described above in such
locations and in such nature of own6rship as shall be determined
by the City Engineer.
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
act
attorney , the mayor and the clerk shall do all things necessary in
connection with the commencement, prosecution and successful termina-
tion of such proceedings . It is unde rstood that if the City
attorney can obtain the required rights-of-way in writing by
negotiation at any time , the said lands shall not be included or
shall be dismissed from said proceedings .
ADOPTED, by the City Council of Eden Prairie this 16th day
of Jun`, 1981 .
ZnTo gan ff Penzel , Mayor
ATTEST;
a-Z
Joh D . Fra Clerk SEAL
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