HomeMy WebLinkAbout1997-188
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RESOLUTION NO. 97-188
A RESOLUTION AUTHORIZING EMINENT DOMAIN
WHEREAS, the City has undertaken to construct storm water public improvements known as the
Fourth Street, Elm and Hickory Storm Sewer Project; and,
WHEREAS, the improvement consists of constructing and reconstructing storm water facilities
draining a large part of the North Hill in the City of Stillwater, determined necessary for the draining of
storm water from the existing storm water facilities in the ravine located at the foot of Hickory Street;
and,
WHEREAS, permanent storm water and municipal utility easements over certain lands are
required to provide for the construction and maintenance; and,
WHEREAS, the City has the authority to acquire pursuant to Minnesota Statutes Chapter 429
and Minnesota Statutes Chapter 444 and, further, the City has the right to acquire the right-of-way prior
to the filing of award by court appointed commissions pursuant to Minnesota Statutes S 117,011 and
9117.042; and,
WHEREAS, a portion of the lands required for easement purposes are owned by Timothy V. and
Amy L. Stefan and John D. and Nadji F. Sutherland; and,
WHEREAS, the City 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 Stillwater hereby
authorizes acquisition of the lands by Eminent Domain and to take title and possession of that land prior
to the filing of an award by court appointed commissioners pursuant to Minnesota Statutes Chapter 429,
Chapter 444, and 9117.001 and S117.042; and,
BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petition
therefore and to prosecute the action to a successful conclusion until it is abandoned, dismissed or
terminated by the City or the Court.
Enacted by the City Council of the City of Stillwater this ..fl!!day of August, 1997.
CITY OF STILLWATER
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ATTEST:
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Modi eldon, Clerk