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HomeMy WebLinkAboutResolution 91-42RESOLUTION NO, 91-42 BEING A RESOLUTION AUTHORIZING THE ACQUISITION OF A UTILITY EASEMENT WHEREAS, the City of Columbia Heights proposes to construct a watermain for public use and benefit which will pass through the Insbruck Third Addition, and WHEREAS, installation of the watermain shall be underground as specified by the City Engineer, and WHEREAS, permanent utility easements over certain lands are required to provide for said construction, and WHEREAS, the City of Columbia Heights has authority to acquire right of way for said watermain pursuant to Chapter 9, Section 88 of the City of Columbia Heights Charter, and WHEREAS, the City of Columbia Heights has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. Secs. 117.011 and 117.042, and WHEREAS, a portion of said lands required for easement purposes are owned by Harris J. VanDevelde and Bette Lou VanDevelde, husband and wife, and WHEREAS, the City of Columbia Heights has been unable to successfully negotiate the acquisition of the required easements; NOW THEREFORE BE IT RESOLVED, that the city Council of the City of Columbia Heights hereby authorizes the acquisition of an easement on said land by eminent domain and to take said easement prior to the filing of an award by the Court appointed Commissioner, pursuant to Chapter 9, Section 88 of the City of Columbia Heights Charter, and Minn. Stat. Secs. 117.011 and 117.042, and BE IT FURTHER RESOLVED, that the Columbia Heights City Attorney is requested to file the necessary Petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Passed this Offered By: Nawrocki Seconded By: Ruett|mann day of July _ , 1991. Edward Carlson, Mayor Roll Call: All ayes