HomeMy WebLinkAbout2023-154 (Easement Acquisition for the Installation of Utilities in the Northeast Corner of the Intersection of Manning Avenue North and State Highway 36 in Stillwater)City of Stillwater
Washington County, Minnesota
RESOLUTION NO. 2023-154
RESOLUTION AUTHORIZING EASEMENT ACQUISITION FOR THE
INSTALLATION OF UTILITIES IN THE NORTHEAST CORNER OF THE INTERSECTION OF
MANNING AVENUE NORTH AND STATE HIGHWAY 36
IN STILLWATER, MINNESOTA
WHEREAS, the City plans to install water and sanitary sewer utilities in the northeast
corner of the intersection of Manning Avenue North and State Highway 36 in Stillwater,
Minnesota, on property identified as Washington County PID numbers: 3103020330003 and
3103020340004 ("Project"); and
WHEREAS, the City Council deems it necessary and expedient for the public health,
safety and welfare that the City of Stillwater undertake the Project; and
WHEREAS, it is necessary to acquire certain easements to construct, operate, and
maintain the Project; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, convenient, and
in the interest of the general welfare that the City acquire for the Project the easements identified
in Exhibit A attached hereto ("Easements"); and
WHEREAS, the City Council finds that title to and possession of the Easements is required
before construction on the Project can begin and before the filing of the final report of the
condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged independent real estate appraisers to provide the City
with the appraiser's opinion of damages caused by the City's acquisitions of the Easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILLWATER THAT:
The acquisition of the Easements is necessary and for a public purpose in
furtherance of the Project;
2. The proper City officers and agents are authorized and directed to acquire the
Easements needed for the Project by voluntary negotiation and, if necessary,
through the exercise of the power of eminent domain;
3. The proper City officers and agents are authorized and directed to make offers of
compensation for the Easements consistent with the independent appraisals, and
to attempt to negotiate the voluntary acquisition of the Easements;
4. The City Attorney is authorized and directed to take all steps necessary on behalf
of the City to acquire the Easements through eminent domain if they are not timely
acquired by voluntary negotiation, including filing an action in eminent domain and
using the quick take procedure under Minn. Stat. § 117.042;
5. That the City Administrator is authorized to approve the appraised values for the
Easements if he determines that the independent appraisals adequately reflect the
fair market value thereof for the purposes of Minn. Stat. § 117.042.
Adopted by the Stillwater City Council this 8th day of November, 2023.
CITY OF 16LWAIER
Ted Kozlowski, Mayor
ATT ST:
Beth Wolf, City Clerk
EXHIBIT A
EASEMENTS TO BE ACQUIRED
(attached on the following pages)
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1ater.
THE BIRTHPLACE OF MINNESOTA
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
I, Beth Wolf, do hereby certify that the foregoing is a true and correct copies of
Resolution 2023-154, Resolution Authorizing Easement Acquisition for the Installation of
Utilities in the Northeast Corner of the Intersection of Manning Avenue North and State
Highway 36 in Stillwater, adopted by the City of Stillwater, at a meeting held, according to
law, at Stillwater, Minnesota, on the 8th day of November, 2023, as the same appears on file
and of record in the offices of the City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal
of said City of Stillwater, this 9th day of November, 2023.
4_ 4 gv;�/
Beth Wolf, City Clerk -"'
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CITY HALL: 216 FOURTH STREET NORTH • STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: wwwb.stillwater.mn.us