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HomeMy WebLinkAbout2022-066RESOLUTION NO.2022-66 A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing and directing the condemnation of certain property for public purposes, City Project 2110 (S.A.P. 113-101-013), WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council finds that it is necessary, convenient, desirable, for a public purpose, in the best interest of the City and will promote the general health, welfare, and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for roadway, trail, and utility purposes; and WHEREAS, the City Council finds that the funding and construction schedule for the reconstruction of 37th Avenue from Central Avenue to Stinson Boulevard within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the final report of the condemnation commissioners to be appointed by the district court. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. It is necessary that a permanent easement for roadway, trail, and utility purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if consultant for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The Land Acquisition Firm of Henning Professional Services is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. §117.042, prior to issuance of an award of damages by Court Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. §117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. §117.042. ORDER OF COUNCIL Passed this 11th day of July, 2022 Offered by: Novitsky Seconded by: Murzyn Roll Call: All Ayes Am' a Marquez Simula, Ma r Attest: Sara Ion; City Clerk/Council