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6.8. SR 12-14-1998'ity of iver Item #6.8. MEMORANDUM TO: FROM: DATE: Mayor & City Council Klaers, City Admi~/~or Pat December 14, 1998 SUBJECT: Consider Initiating Eminent Domain Process for Right-of-Way Acquisition - East Elk River Staff has discussed the timing of the east Elk River project and we believe we are running up against some very serious timing issues. One of the most important timing issues relates to obtaining the necessary utility easements and street fight-of-way. We hope that we do not have to use the city's power of eminent domain to condemn the necessary easements and right-of-way, but we believe we should be prepared for the "worst case scenario" and the fact that the rights-of-way and easements may not be willingly provided to the city. I do not have any information from the city attorney on the technical requirements for the City Council to begin this eminent domain process, but I will have this advice by the Council meeting on Monday night, December 14, 1998. The properties which we would like to initiate the eminent domain process on include the Eull property, the Brown property, the commercial/industrial developers properties (Hohlen and the former Vandenberge sites), and the George Deschenes property near County Road 13. Again, I am not sure if a simple motion by the Council to begin the eminent domain process is enough or ff a formal resolution is required, but action on this issue will be recommended to the Council on Monday. 13065 Orono Parkway · P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 TO DEVELOPMENT LEGEND PROPOSED TRANSPORTATION AND UTILITY CORRIDOR ELECTRIC TRUNK SANITARY SEWER LATERAL SANITARY SEWER FORCEMAIN TRUNK WATERMAIN LIFT STATION O TO DEVELOPMENT COUNTY ROAD NO. 12 TO CITY LIMITS WENUE EERCP-UT DP, AWN: EAST ELK RIVER UTILITY ALIGNMENTS