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<br />Section 2. <br /> <br />Findings. <br /> <br />2.01 The City does hereby find and determine that: (a) the Redeveloper has made <br />reasonable efforts to acquire the Redevelopment Property; (b) the Redeveloper has offered what <br />appears to be a fair price for the Redevelopment Property based on an appraisal; (c) the <br />Redeveloper has agreed to provide the security set forth in Section 3.3 of the Contract to cover <br />acquisition and relocation costs; (d) the conditions set forth in Section 3.4 of the Contract have <br />been met; and ( e) the City determines that the requested acquisition will primarily serve a public <br />purpose. <br /> <br />Section 3. <br /> <br />Authorization. <br /> <br />3.01 Pursuant to the above findings and pursuant to the Contract, the City does hereby <br />authorize and direct its attomeys, Krass Monroe, P .A., and staff to proceed immediately to <br />acquire the Subject Properties identified on Exhibit C pursuant to authority granted for the <br />acquisition of property for public use by eminent domain under Minn. Stat. Sec. 117.011 et seq. <br />The City further authorizes its attomeys to settle and resolve any such condemnation action in an <br />amount acceptable to the Redeveloper which, under the Contract, will be solely responsible for <br />the payment of all such amounts, as well as all costs and attomeys' fees incurred in the <br />condemnation action authorized herein. <br /> <br />3.02 The City does hereby find that it is reasonably necessary, proper and convenient, <br />and in the interest of the public health, safety, convenience and general welfare, to acquire fee <br />title to the Subject Properties and other rights and interests in order to construct and implement <br />the Twin Lakes Project. <br /> <br />Adopted by the Council of the City this 19th day of December, 2005. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Council Member <br />Schroeder and, upon vote being taken thereon, the following voted in favor thereof: Maschka, <br />Schroeder and Klausing. <br /> <br />and the following voted against: Kough and Thlan. <br /> <br />WHEREUPON said resolution was declared duly passed and adopted and was signed by the <br />Mayor and attested to by the City Clerk. <br /> <br />2 <br />