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HomeMy WebLinkAboutResolution 2016-21 Condemnation and Notice of Intent for Possession of PropertyCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 -21 Motion By: Keefe Seconded By: Thomas March 31, 2016 A RESOLUTION AUTHORIZING CONDEMNATION AND NOTICE OF INTENT TO TAKE POSSESSION OF A PORTION OF THE PROPERTY LOCATED AT 20175 COUNTY ROAD 50 FOR THE CORCORAN DOWNTOWN UTILITY AND STREET IMPROVEMENT PROJECT WHEREAS, the City Council has authorized construction of the Downtown Utility and Street Improvement Project to bring needed utilities into the City ( "Project'); and WHEREAS, the city engineer has determined that a certain permanent and temporary easement on, over, under, and across a portion of the property located at 20175 County Road 50, as described in Exhibit A, are necessary for completion of the Project; that the engineer and Administrator are currently negotiating with the affected property owner(s) 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. Star. §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 owner(s) for the needed permanent and temporary easements on, over, under, and across a portion of the property located at 20175 County Road 50, as described in Exhibit A for the Corcoran Downtown Utility and Street Improvement 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. Page 1 of 2 City of Corcoran March 31, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 -21 4) Staff is hereby directed to take all reasonable and necessary steps to provide the necessary permanent and temporary easements for the Corcoran Downtown Utility and Street Improvement Project. VOTING AYE ® Guenthner, Ken ® Keefe, Mike ® LaFave, Tonya ® Hank, Pat ® Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Hank, Pat ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 31st day of March, 2016. -7 Kenneth Guenthner - Mayor ATTEST: Jes ca Beise- City Clerk/Administrative Services Coordinator Page 2 of 2 City Seal