HomeMy Public PortalAbout2004-054 Resolution Authorizing & Directing Use of Power of Eminent Domain to Aquire Certain PropertyMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.04-54
RESOLUTION AUTHORIZING AND DIRECTING THE USE OF
THE POWER OF EMINENT DOMAIN TO ACQUIRE CERTAIN
PROPERTY FOR THE PURPOSE OF CONSTRUCTING A WATER
TREATMENT FACILITY
WHEREAS, the city council of the city of Medina, a Minnesota municipal corporation, is
the official governing body of the city of Medina ("City"); and
WHEREAS, the City, acting by and through its city council, is authorized by Minnesota
Statutes to acquire real property interests needed for a public use or purpose, including but not
limited to construction of a water treatment facility ("Facility"); and
WHEREAS, the City intends to install a Facility in the north east corner of the intersection
of Pinto Drive and Tower Drive ("Property"); and
WHEREAS, construction of the Facility will require the acquisition of the Property; and
WHEREAS, it is necessary that the City proceed with acquisition of the Property to plan
for construction of the Facility and related activities; and
WHEREAS, the Property is described on Exhibit A hereto; and
WHEREAS, the City finds that it is reasonable, necessary, proper and convenient, for a
public purpose, and in the interest of the public health, safety, convenience, and general welfare of
the citizens of Medina that the Property as described on Exhibit A hereto be acquired; and
WHEREAS, the City finds that scheduling for the Facility construction makes it necessary
to acquire the Property prior to the filing of the final report of the condemnation commissioners to
be appointed by the district court;
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that it is the considered judgment of the City that the real estate interests described on
Exhibit A be acquired for the stated public purpose of constructing the Facility, and that these rights
and interests be acquired, if necessary, through the power of eminent domain.
Resolution No. 04-54
October 5, 2004
BE IT FURTHER RESOLVED, that the city attomey is hereby authorized and directed to
acquire the property rights and interests described on Exhibit A by filing an action in eminent
domain using the quick -take procedure, pursuant to Minnesota Statutes Chapter 117.
Dated: October 5, 2004
ATTEST:
Ged Ate4444,
Chad M. Adams, City Administrator
The motion for the adoption of the foregoing resolution was duly seconded by member Lane and
upon vote being taken thereon, the following voted in favor thereof:
Workman, Lane, Zietlow, Smith, Brinkman
and the following voted against the same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No: 04-54
October 5, 2004
EXHIBIT A
Fee Owner — Medina Properties, Inc.
PID# 12-118-23-23-0063
Address — 780 Tower Drive
Legal Description of Property to be acquired:
Lot 1, Block 1, Medina Industrial 5th Add'n
Abstract Property
Resolution No. 04-54
October 5, 2004