RES 05-102
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RESOLUTION NO. 05-102
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQIDSITION OF REAL
PROPERTY IN ACCORDANCE WITH MINN. STAT. ~ 117.042 FOR THE
COUNTY IDGHWAY 40 CONSTRUCTION PROJECT.
RECITIALS
WHEREAS, the City of Elk River is a statutory city organized and existing under
the laws of the State of Minnesota with all powers, rights and authority of a statutory city
and is a public body corporate and politic;
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota law including Minn. Stat. ~ 412.211, Minn.
Stat. SS 465.01 and 465.16, and Minn. Stat. SS 469.124 through 469.134;
WHEREAS, the City of Elk River deems it necessary, convenient and advisable
to facilitate the construction ofa County Highway within the limits of the City of Elk
River from CSAH 12 to CSAH 13.
WHEREAS, the City of Elk River has been advised by Sherburne County that
the County is willing to proceed with the construction of County Highway No. 40
between CSAH 12 and CSAH 13 ("County Highway 40 Project") provided that the City
of Elk River is willing to acquire the necessary right-of-way no later than the Federal
deadline of April 15, 2006;
WHEREAS, the City of Elk River deems it necessary and convenient to acquire
the property depicted on Sherburne County Highway Right of Way Plat No. 30, a copy of
which is attached hereto as Exhibit A, for the County Highway 40 Project in order to
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facilitate the County's construction of the County Highway 40 Project as well as
improving roads, utilities and other public infrastructure in the City of Elk River and
otherwise benefit the health, safety and welfare of the residents of the City of Elk River
("Objectives")
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River.
1. In order to carry out the Objectives, it is necessary to acquire fee title to
the real property identified in Exhibit A attached hereto ("Real Property").
2. The acquisition of the Real Property by the exercise of the power of
eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a
public purpose and is deemed to be necessary to further the Objectives.
3. The City of Elk River deems it necessary for the Objectives to acquire said
Real Property.
4. Because the Federal deadline to acquire the Real Property is April 15,
2006 which is prior to the time by which court-appointed commissioners could
reasonably be expected to render their award for the taking of the Real Property, the City
of Elk River deems it necessary to proceed without delay under Minn. Stat. ~ 117.042 to
pay to the owners or into court a sum of money to secure compensation to the owners of
the real property, which amount shall be equal to the city's approved appraisal value as
determined by City staff.
5. The City of Elk River staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire the Real Property identified in Exhibit A,
which actions include the specific authorization to: (a) hire appraisers and obtain
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appraisals or minimum damage assessments of the real property interests to be acquired,
(b) complete and record Sherburne County Highway Right-of-Way Plat No. 40 (which
the City acknowledges is now only in draft, but fairly depicts the property to be acquired,
(c) retain such professionals as may be reasonably necessary to facilitate the acquisition
of the Real Property including, but not limited to, engineers, appraisers, surveyors and
attorneys.
6. Pursuant to Minn. Stat. ~ 117.036, the owners of the Real Property shall
be provided with a copy of an approved appraisal at least twenty (20) days prior to
presenting the condemnation petition to the Court and the City's appraiser must confer
with one or more of the owners of the property, if reasonably possible.
7. Prior to commencing condemnation, the City Staff is directed to make
written offers to affected property owners and attempt to negotiate such offers to a
successful conclusion, which negotiations and offers shall be conducted in good faith
prior to the commencement of condemnation. In making a good faith offer and in
negotiating for the acquisition of the Real Property, City Staff is directed to. consider the
appraisals in its possession and other information that may be relevant to a determination
of damages.
8. In circumstances where negotiation and the written offers prove to be
unsuccessful, City Staff shall commence the necessary Court actions to condemn the Real
Property under the procedures provided for in applicable Minnesota Statutes, and in
compliance with all requirements of said statutes, including using the quick take
procedure set forth in Minn. Stat. S 117.042.
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9. The City of Elk River staff is further authorized and directed to take all
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action necessary to implement this authorization including obtaining appraisals or
minimum damage assessments of all property interests to be acquired and retaining le~al
counsel to assist in commencing condemnation. Any actions previously taken by staff in
this regard are hereby ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by
Councilmember Dietz
and duly seconded by Councilmember
Gumphrey
, and upon a vote being taken thereon, the following voted in favor
thereof:
Mayor Klinzing, Councilmembers Motin, Dietz, Gumphrey
And the following voted against the same:
None
Dated: September 6, 2005
ATTEST:
~/l1~
. , City Clerk
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