HomeMy WebLinkAboutResolution No. 122-10 • RESOLUTION
WHEREAS, it is necessary for the City of Rochester to acquire certain lands or interests
in the area of the proposed construction of a pedestrian path from Seventh Street N.W., to the
head of the Douglas Trail (City Project J4631); and,
WHEREAS, the right of title and possession of the lands or interests in lands necessary
for the projects must be acquired by the City in order to construct the pedestrian path project;
and,
WHEREAS, it may not be possible that all interest or interests in lands necessary will be
acquired by the City through a process of voluntary negotiation with the various property owners;
and,
WHEREAS, the pedestrian path project will improve traffic flow and safety for motorists
and pedestrians traveling on area roads and pedestrian paths, and constitutes a lawful and
public purpose; and,
WHEREAS, construction of the project is anticipated to begin soon and therefore
acquisition of such property is needed as soon as is legally possible.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
�ochester that the City negotiate and acquire the needed real estate for costs not to exceed
i 5% above the appraised value.
BE IT FURTHER RESOLVED that the City Administrator is authorized to acquire the
needed land rights through negotiation with settlement authority in excess of 15% above the
appraised value.
BE IT FURTHER RESOLVED that the City enter into right of entry for construction
agreements with the affected property owners prior to the completion of acquisition.
BE IT FURTHER RESOLVED that the City Attorney is authorized and directed, at the
request of the City Administrator, to initiate, in the name of the City of Rochester, appropriate
proceedings pursuant to Minnesota Statutes, Chapter 117, including the 90-day "quick take"
proceeding, in order to acquire any interests or interests in lands necessary which cannot be
otherwise obtained voluntarily, needed to facilitate the construction of a pedestrian path from
Seventh Street N.W., to the head of the Douglas Trail (City Project J4631).
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF /�i`! , 2010.
PRESIDENT OF SAID COMMON COUNCIL
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ATTEST:
.0apury CI CLER
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APPROVED THIS ZNP DAY OF l , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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