HomeMy WebLinkAbout1967-328 CCR Member john Leary introduced the following resolution
and moved its adoption:
RESOLUTION NO. 67 -328
RESOLUTION DIRECTING THE INITIATION OF EMINENT
DOMAIN PROCEEDINGS RELATIVE TO CERTAIN LANDS IN
THE PALMER LAKE BASIN
WHEREAS, in April, 1966 the (them Village Council applied to the
Federal Government for financial assistance in the acquisition of certain
lands in the Palmer Lake Basin area for use as public open- space; and
WHEREAS, in a letter date.dMay 13, 1966 from the Department of
Housing and Urban Development the (then) Village was authorized to proceed
with acquisition of lands listed in the aforementioned application, (which
application was subsequently approved by the Department of Housing and
Urban Development), provided that all acquisition proceedings comply with
the Land Acquisition Policy Statement adopted by the (then) Village Council
on April 18, 1966, which policy requires that the Council or its authorized
representative make every reasonable effort to acquire each property by
negotiated purchase before instituting eminent domain proceedings against
the property; and
WHEREAS, the City Manager has corresponded with the fee owners
and agent of the subject properties in an effort to negotiate the purchase of
said properties, but has been unsuccessful in such efforts:
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Brooklyn Center as follows:
1. That the City Council finds that it is in the public
interest for the City to acquire title in fee simple
absolute to the following described properties for public
use as open space area, and that the acquisition of fee
title can only be fairly and equitably accomplished through
proceeding in eminent domain.
2. That the City Council hereby directs the City Attorney
to file the necessary petition for the taking of title
to the following described properties in fee simple absolute
and to proceed with such action to a successful conclusion
or until it is abondoned by the City Council, or dismissed
or terminated by the Court:
Resolution No. 67 -328
That part lying north of County Road Number 130 of a
parcel of land described as:
The Northeast 1/4 of the Northeast 1/4, except that
part thereof lying Westerly of a line drawn from a
point on the North line thereof 14.2 feet East along
said North line from the Northwest corner thereof to
a point on the West line thereof 431 feet South along
said West line from the Northwest corner thereof, and
except that part thereof embraced in the plats of Elsen's
City View, Elsen's City View 2nd Addition and Elsen's
City View 3rd Addition,
in Section 34, Township 119, Range 21, according to the
Government Survey thereof.
Subject to an easement to Northern States Power Company,
a Minnesota Corporation, its successors and assigns, to
construct, operate and maintain wires and other fixtures
of a transmission line overhanging all that part of said
premises lying East of the following described line:
Commencing at a point on the North line of Section 34,
Township 119 North, Range 21 West, which is 70 feet
West of the Northeast corner of said Section; thence
running Southeasterly 531 feet to a point which is 20
feet West measured at right angles, of the East line of
said Section; thence South parallel to and 20 feet West
of said East line to the South boundary line of the property
involved in this proceeding; together with the right,
privilege and authority to trim or cut down any trees which
may interfere with the constructions, maintenance and
operation of such lines and the right to enter upon the above
described premises at any and all times for the urposes
above set forth.
October 30, 1967
Date Mayor
ATTEST: D/,l�.,��
The motion for the adoption of the foregoing resolution was duly seconded
by member Gordon Erickson and upon vote being taken thereon, the
following voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson,
Howard Heck and Theodore Willard,
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.