HomeMy WebLinkAbout1967-150 CCR Member Theodore Willard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 67 -150
RESOLUTION DIRECTING THE INITIATION OF EMINENT
DOMAIN PROCEEDINGS RELATIVE TO CERTAIN LANDS IN
THE PALMER LAKE BASIN
f WHEREAS in April, 1966 the then Village Council p (then) g applied to the
Federal Government for financial assistance in the acquisition of certain
lands for use as public open- space, which lands included parcels held in
fee by one Mr. A. C. Hubbard and are described legally as follows:
(1) All that part of Lots 1 and 2 and accretions thereto
lying south of the north line of Section 35, Township 119,
Range 21, and extension thereof, west of the old channel
of Shingle Creek and north of County Road No. 130.
Subject to minerals and mineral rights reserved by the State
of Minnesota in Doc. No. 262384, Files of Registrar of Titles.
Also subject to a communications easement reserved by the
Northwestern Bell Telephone Company in Doc. No. 640204,
Files of Registrar of Titles.
(2) That part of Govt. Lot 2, Section 35, Township 119, Range
21, lying east of the old channel of Shingle Creek and north
of County Road No. 130.
and;
WHEREAS, in a letter dated May 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 repre-
sentative 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 and met personally with
the fee owner of the aforementioned properties in an effort to negotiate the
purchase of said properties, but has been unsuccessful in such efforts:
Resolution No. 67 -150
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 fee title to the aforementioned
properties for public use as open space area, and that the acquisi-
tion 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 in fee title of the
following described properties, and to proceed with such action
to a successful conclusion or until it is abandoned by the City
Council, or dismissed or terminated by the court:
h
(1) All that part of Lots 1 and 2 and accretions thereto
lying south of the north line of Section 35, Township 119,
Range 21, and extension thereof, west of the old channel
of Shingle Creek and north of County Road No. 130.
Subject to minerals and mineral rights reserved by the State
of Minnesota in Doc. No. 262384, Files of Registrar of Titles.
Also subject to a communications easement reserved by the
Northwestern Bell Telephone Company in Doc. No. 640204,
Files of Registrar of Titles.
(2) That part of Govt. Lot 2, Section 35, Township 119, Range
21, lying east of the old channel of Shingle Creek and north
of County Road No. 130.
May 15, 1967
Date Mayor
d
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member John Leary and upon vote being taken thereon,
the following voted in favor thereof: 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.