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HomeMy WebLinkAbout2001-193 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-193 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE FRANCE AVENUE CONNECTION, IMPROVEMENT PROJECT NO. 2002-04 WHEREAS, the City of Brooklyn Center has undertaken Improvement Project No. 2002-04, which involves the construction of the France Avenue Connection; and WHEREAS, in order to construct the improvements contemplated by improvement Project No. 2002-04, the City requires permanent and temporary easements over portions of certain real estate located along the France Avenue Connection; and WHEREAS, the City Council finds is necessary, proper and expedient and in the interests of the public health, convenience and general welfare of the citizens of the City of Brooklyn Center for the City to acquire said easements over the affected properties; and WHEREAS, the City Council finds that the construction schedule for Improvement Project No. 2002-4 makes it necessary to acquire title to and possession of the required real estate interests . prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the use of Min. Stat. Sec. 117-042 (1990), the so-called "Quick-Take" statute, will enable the City to timely acquire the required real estate interests in said property; and WHEREAS, the City has ordered appraisal reports setting forth the damages that will result to each property from the acquisition of the necessary easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City Engineer and City Assessor are hereby authorized to review the appraisal reports for each of the affected properties and to approve the appraised values to be offered to the property owners. 2. The City staff and City Attorney are authorized and directed to negotiate with the affected property owners for the purchase of the required easements, provided that any proposed purchase agreement must be submitted for approval to the City Council 3. If negotiations are not successful, the City staff and City Attorney are hereby authorized and directed to commence condemnation proceedings for Brooklyn Center Improvement Project No. 2002-4 in accordance with Minn. Stat. Sec. 117-042 to acquire the estates in the lands and for the purposes described as follows: 1 RESOLUTION N0. 2001-193 P.I.N. 10-118-21-24-0003 10-118-21-24-0002 10-118-21-24-0032 10-118-21-24-0034 10-118-21-13-0066 10-118-21-13-0069 December 10, 2001 Date ATTEST: J"(410U~ City Clerk Approximate Permanent Easement Temporary Easement .76 Acres & .08 Acres Trail 0.77 Acres .71 Acres & .80 Acres Drain. 1.25 Acres .21 Acres 0.03 Acres .25 Acres 0.27 Acres 0.02 Acres 0.01 Acres 'Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Bob Peppe and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Bob Peppe, and Tim Ricker; and the following voted against the same: Ed Nelson; whereupon said resolution was declared duly passed and adopted.