HomeMy WebLinkAboutResolution 2012-05 - Authorizing CondemnationCity of Corcoran
County of Hen nepin
State. of Minnesota
RESOLUTION NO, 2012 -05
Motion By: Milbrandt
Seconded By: As[eson
January 26, 2012
A RESOLUTION AUTHORIZING CONDEMNATION AND
NOTICE OF INTENT TO TAKE POSSESSION OF PROPERTY
FOR THE CORCORAN SEWER AND WATER PROJECT
WHEREAS, the City Council has authorized construction of a sewer and water project
to bring needed utilities into the City ("Project "); and
WHEREAS, the city engineer has determined that certain permanent and temporary
easements are necessary for completion of the Project; that the engineer is currently negotiating
with affected property owners to obtain the needed easements; and
WHEREAS, in the event the City is unable to obtain the needed permanent and
temporary easements through negotiations, the City will need to commence condemnation under
Minn. Stat. § 117.011 et seq.; that part of the condemnation action will be a requirement that the
City gain possession and control of the easements prior to completion of the condemnation
process; and
WHEREAS, Minn. Stat. § 117.042 requires that the City notify property owners at least
Ninety (90) days prior to the date the possession is to be taken for a public project.
NOW, THEREFORE, the Corcoran City Council RESOLVES as follows:
1) The city engineer and staff are authorized to continue negotiations with property
owners for the needed permanent and temporary easements for the Corcoran
Sewer and Water Project,
2) That if negotiations for the needed permanent and temporary easements should
fail, staff is hereby authorized to institute proceedings under Minn. Stat. § 117.011
et seq.
3) That should condemnation be required, a ninety (90) day notice of intent to take
possession is hereby authorized to the affected property owners.
4) Staff is hereby directed to take all reasonable and necessary steps to provide
necessary permanent and temporary easements for the Corcoran Sewer and Water
Project.
VOTING AYE
® Guenthner, Ken
® Asleson, Rich
® Cossette, Tom
® Gmach, George
® Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this 26th day of January 2012
ATTEST:
�J
Panie Heinecke, City Clerk
2
Kenneth Guenthner, Mayor