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RESOLUTION NO. 93-191
A RESOLUTION AUTHORIZING STREET ACQUISITION
WHEREAS, it has come to the attention of the city council that the portion
of North Third Street extending north of Hazel Street in the City appears to have
been located, travelled and maintained outside of the platted right-of-way of
that same street; and,
WHEREAS, it appears that two dwelling houses thought to be erected on Lots
4 and 5, Block 56, Carli and Schulenberg's Addition to Stillwater, are actually
built, constructed and maintained on the platted portion of Third Street; and,
WHEREAS, it appears that there has been a common law dedication of Third
Street where it is located, travelled and maintained but that a gap exists
between the platted portion of Third street and the travel portion consisting of
approxim&tely eleven feet in width and continuing from the platted Hazel Street
to the westerly extension of the north line of Lot 5, Block 56; and,
WHEREAS, it appears in the public interest that the City acquire enough
land adjacent to the portion of North Third Street that has been dedicated to the
public by common law usage so that the street as legally established after this
action takes place will be more in conformance with City standards, and,
WHEREAS, the land upon which travelled Third Street as described is located
is Lots 2 and 3, Block 57, Carli and Schulenberg's Addition, under the ownership
of Jay and Carol Krafthefer, husband snd wife; and,
WHEREAS, it further appears that the nature of the estate sought to be
taken by the city in these proceedings is an easement for street and utility
~ purposes; 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 authorize the acquisition of the land by eminent domain and to
take title and possession of that land prior to the filing of an award by the
court appointed commissioners pursuant to Minn. Stat. 5117.011 and 5117.042, and
be it further resolved, that the City Attorney has requested to file the
necessary petition therefore, and to prosecute the action to successful
conclusion or until it is abandoned, dismissed or terminated by the City or the
court.
Enacted by the City Council of the City of Stillwater this 5th day of
October, 1993.
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