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97-133 RESRESOLUTION FOR TIlE CITY' OF ELK RIVER RESOLUTION 9% 13 3 A RESOLUTION RELATING TO FINDING OF PUBLIC PURPOSE FOR THE ACQUISITION OF ~ EASEMENT AND RIGHT-OF-WAY FOR STREET AND UTILITY IMPRO~NTS FOR BUSINESS CENTER DRIVE there is need to continue the extension of Business Center Drive and the associated utilities westerly in the City of Elk River; and WHEREAS, the City of Elk River directed preparation of and re~ived a feasibiliw study dealing with the construction of utilities and streets westerly along the l~usiness Center Drive alignment, and Mid a public he~'ing pursuant to Minnesota Sta:~es Section 4:29 ~!t~., to consider ordering improvements to Business Center [:,rive (the Improvements); arid pursuant to the resolution numbered 97-104 ordering the improvement and preparation of plans and sl~ecifications, the Elk River City Council authorized the Improvement; and WHEREAS, the City Engin~r has determined the need for additional right-of-way to eonsltuct the Improvement; and the City Council of the City. of Elk River has determined that the lmprove~.nent and the need for additional right-of-way are in the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that the City acquire the right, title, and interest in certain properties generally described in the attached Exhibit A as and to the extent necessary pursuant to Minnesota Statutes Section t ".. 7 et seq. for the public purpose of conslxucting the Improvement to Business Center Drive. Passed and adopted by the City Council of the City of Elk River, Minnesota, this 22nd day of December, 1997. " ATTESTED: //H~n~A. D uitsman, Mayor O:~ROJk230321 ink321 - 190~.dec. RESOLUTION.do~ EXHIBIT A LEGAL DESCRIFFION TO TNE EASEMENT TRACT: A perpetual easement for public street, utility, and drainage purposes over, under, and across that part of thc following described property: The F. ast Half (E ~h) of the Southeast Quarter (SE ~A) of Section 31, Township 33, Range 26, Sherbum¢ County, Minnesota, except that part thereof platted as Sandpiper Estates and Sandpiper Estates Two. Which lies within the following described perpetual easement for street, utility, and drainage purposes. A strip of land 80.00 fe~t in width, over that part of th~ East Half of the Southeazt Quarter of Section 3 I, Towmhip 33, Range 26, Sherbume Couaty, Minnesota, the North line o~ which is contiguous with the South right-of-way line of U.S. Highway No. 10 and 52. Said strip of land is to extend by its full width from the West line of said East Half ol the Southeast Quarter to the Fast line of said East Half of thc Southeast Quarter.