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HomeMy WebLinkAbout1988-126 CCRMember its adoption: Celia Scott introduced the following resolution and moved RESOLUTION NO. 88 126 RESOLUTION AUTHORIZING ACQUISITION OF TITLE AND POSSESSION AND SETTING THE APPROVED APPRAISAL OF VALUE PURSUANT TO MINNESOTA STATUTES, SECTION 117.042 FOR THE PEDESTRIAN/ BICYCLE TRAILWAY ON 57TH AVENUE NORTH WHEREAS, by Resolution No. 88 -120, the Brooklyn Center City Council authorized condemnation of an easement for the construction and maintenance of a pedestrian/bicycle trailway along the south side of 57th Avenue North (C.S.A.H. 57) between Logan Avenue North and Lilac Drive on tracts C and D, Registered Land Survey Number 1114, Hennepin County, Minnesota, the legal description of which easements are as follows: A sidewalk and trailway easement over, under, and upon that part of Tract D, Registered Land Survey Number 1114, Hennepin County, Minnesota, lying northerly of the following described line: Easement No. 1 Beginning at a point on the westerly line of said Tract D, which point being 3.00 feet south of the northwesterly corner of said Tract D; thence easterly along a line that is parallel and 3.00 feet distant from the northerly line of said Tract D to the easterly line of said Tract D and there terminating. and Easement No. 2 A sidewalk and trailway easement over, under, and upon that part of Tract C, Registered Land Survey Number 1114, Hennepin County, Minnesota, lying northerly of the following described line: Beginning at the northwesterly corner of said Tract C thence easterly to a point on the westerly line of Tract D of said Registered Land Survey Number 1114, which point being 3.00 feet south of the northwesterly corner of said Tract D and there terminating. (hereinafter referred to as the "easements WHEREAS, it is necessary, proper, and expedient, and in the interest of the public health, convenience, and welfare of the citizens of the City that title to and possession of the easements be acquired prior to the filing of the final report of the condemnation commissioners to be appointed; and 1 RESOLUTION NO. 88 -126 ATTEST: July 25, 1988 Date WHEREAS, the City has ordered and received written appraisal reports setting forth the damages, if any, that will result on account of the acquisition of the easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is necessary, convenient, and in the public interest that the easements be acquired by eminent domain for sidewalk and trailway purposes. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to undertake such proceedings on behalf of the City as are necessary to acquire the easements by eminent domain under the laws of the State of Minnesota, including the use of Minn. Stat., 117.042 (1986), and that the approved appraisal of value of said easements within the meaning of Minn. Stat., 117.042 (1986) is determined to be $950.00 for the above described Easement No. 1 and $150.00 for the above- described Easement No. 2, or $1,100.00 for the combined easements. (;7 Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.