HomeMy WebLinkAbout1998-162RESOLUTION N0.98-162
A RESOLUTION DETERMINING THE NECESSITY
FOR AN AUTHORIZING THE ACQUISITION OF REAL
PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, in the year 1934 the City Council of the City of Stillwater approached the
United States Government and obtained permission, by license, to construct a public drinking
fountain and park upon a small portion of property owned by the United States Government and
dedicated for use as a post office. The license was granted for the following described real
estate:
The West 42 feet of the North 46 feet of the West 150 feet of the South 130 feet
of Block 18, of the original Town, now City of Stillwater, known as the Post
Office Lot according to the plat thereof now on file and of record in the office of
the Register of Deeds, Washington County, Minnesota; and,
WHEREAS, the terms of the license granted by the United States Government allowed
the City to use the parcel of land for public drinking fountain purposes on the condition that the
City would surrender possession of this parcel to the United States Government if, in the future,
the United States Government deemed it necessary to reacquire the land for its own use; and,
WHEREAS, when the United States Government sold the property to a subsequent
purchaser, it was sold by Quit Claim Deed and not by Warranty Deed without reference to the
license previously. granted to the City of Stillwater; and,
WHEREAS, the present owners of the parcel have attempted to assert rights in the parcel
inconsistent with the City's historic drinking fountain and park use of the property; and,
WHEREAS, it is necessary that the rights of the City be determined in the property and
that the City, either through negotiation or otherwise, obtain proper title to this park property that
is integral to the City Park Plan in the downtown area.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Acquisition by the City of the following described property is necessary for City
park purposes:
The West 42 feet of the North 46 feet of the West 150 feet of the
South 130 feet of Block 18, of the original Town, now City of
Stillwater, known as the Post Office Lot according to the plat
thereof now on file and of record in the office of the Register of
Deeds, Washington County, Minnesota
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2. The City Attorney is authorized and directed on behalf of the City to acquire the
real estate above described if necessary by the exercise of the power of Eminent
Domain pursuant to Minnesota Statutes Chapter 117. The City Attorney is further
authorized to take all actions necessary and desirable to carry out the purposes of
this Resolution.
Adopted by the City Council of the City of Stillwater this ~(o day of June, 1998.
CITY OF STILLWATER
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Ja b e, ayor
ATTEST:
Morli eldon, Clerk
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