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05-24 - not considered by Council THE COUNCIL DID NOT CONSIDER THIS RESOLUTION Resolution 05-24 March 15, 2005 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED AT 2655 SCOTT AVENUE NORTH FOR PUBLIC IMPROVEMENTS WHEREAS, the Golden Valley City Council has authorized preparation of plans and specifications for Flood Proofing Project 03-14; and, WHEREAS, said plans for the project identified the need to install a storm water drainage pump and to grade the property to drain the property at 2655 Scott Avenue North; and, WHEREAS, it is necessary, desirable and in the public interest to acquire a temporary construction easement and a permanent drainage and utility easement across the subject property and as set out in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that: 1. It is necessary, desirable and in the public interest to acquire a temporary construction easement and a permanent flood control easement, as described in Exhibit A, for public improvements associated with Flood Proofing Project 03-14. 2. The City staff and City Attorney, or such other persons as necessary, are hereby authorized and directed to take all necessary steps and execute all necessary documents to acquire such real property. 3. In the event the real property described in Exhibit A cannot be expeditiously acquired by negotiated purchase, the City staff and City Attorney for the City of Golden Valley are authorized to commence condemnation proceedings, including "quick take" procedures under Minnesota Statutes Section 117.042, to acquire such property. The acquisition of such real property is necessary and desirable and constitutes a proper and necessary public purpose. Linda R. Loomis, Mayor ATTEST: Donald G. Taylor, City Clerk Resolution 05-24 - Continued March 15, 2005 The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 05-24 - Continued March 15, 2005 Exhibit A A permanent easement for drainage and utility purposes and flood control over, under and across the following described parcel: Lot 1, Block 4, DAWN ACRES FIRST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Said permanent easement for drainage and utility, and flood control purposes being that part of the above described parcel which lies within the following described area: That part of the above described parcel lying South of the following described line: Commencing at a point in the West line of Lot 1, Block 4, Dawn Acres First Addition, 40.00 feet North of the Southwest corner of said property; thence South 56 degrees 28 minutes 14 seconds East, 54.25 feet; thence North 89 degrees 57 minutes 20 seconds East, 84.31 feet more or less, to the East line of said property and there terminating. Said easement containing 1,968 square feet (0.045 acres) more or less. Together with a temporary easement for construction purposes over, under and across that part of the above described parcel which lies within the following described area: Everything South of the following described line in the above described parcel, except that part lying within the above described permanent easement for drainage and utility, and flood control purposes. Commencing at a point in the West line of Lot 1, Block 4, Dawn Acres First Addition, 59.29 feet North of the Southwest corner of said property; thence South 56 degrees 28 minutes 14 seconds East, 60.19 feet; thence North 89 degrees 57 minutes 20 seconds East, 79.49 feet more or less, to the East line of said property and there terminating. Said easement containing 2,226 square feet (0.051 acres) more or less.