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HomeMy WebLinkAbout1982-119 CCR Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 82 -119 RESOLUTION DIRECTING CONDEMNATION OF CERTAIN INTERESTS IN LAND (EASEMENT FOR 51ST AVENUE NORTH WATER MAIN INSTALLATION) WHEREAS, the City Engineer has advised the City Council that the acquisition of the easement hereinafter described is required to allow installation of Water Main Project No. 1982 -07 (51st Avenue North); and it appears to this Council that the acquisition of such interests in land is necessary and desireable in the public interests and that the taking will be most fairly and equitably accomplished through eminent domain proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Attorney is hereby directed to file the necessary petitions to acquire a permanent easement for the installation and maintenance of a water main and appurtenances thereto across the following described property: That part of the northerly 30 feet of Government Lot No. 2 lying westerly of the easterly 1007.41 feet thereof; Section 10, Township 118 North, Range 21 West; EXCEPT THE FOLLOWING 2 PARCELS: Commencing at point of intersection of north line of Government Lot 2 and the southeasterly line of Lake Drive extended southerly, thence west along said north line 827.98 feet to actual point of beginning, thence south at right angles 30 feet, thence west 100 feet, thence north 30 feet to aforesaid north line, thence east 100 feet to beginning; Section 10, Township 118 North, Range 21 West; Beginning at point of intersection of north line of Government Lot 2 and the southeasterly line of Lake Drive extended southerly, thence southerly along the extension of aforesaid road line 11.95 feet, thence westerly 423.58 feet to a point 20 feet south from north line of said Lot 2, thence northwesterly to a point in said north line distant 527.98 feet west from beginning, thence east to beginning; Section 10, Township 118 North, Range 21 West; according to the plat of record, files of the County Recorder, Hennepin County, Minnesota. The conditions of the easement shall provide that no building shall be constructed and no trees planted thereon but that this easement does not exclude other uses of the land within the easement which do not interfere with the operation and maintenance of the water main. RESOLUTION NO. 82 -119 III 2. The City Attorney shall prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the court or by subsequent direction from this Council. 7 June 28, 1982 Date._ May. f' r ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; III and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Councilmember Hawes was not present during the vote. III