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'ity of <br /> <br />iver <br /> <br />Item #6.8. <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />Mayor & City Council <br /> <br /> Klaers, City Admi~/~or <br />Pat <br /> <br />December 14, 1998 <br /> <br />SUBJECT: <br /> <br />Consider Initiating Eminent Domain <br />Process for Right-of-Way Acquisition - <br />East Elk River <br /> <br />Staff has discussed the timing of the east Elk River project and we believe we <br />are running up against some very serious timing issues. One of the most <br />important timing issues relates to obtaining the necessary utility easements <br />and street fight-of-way. We hope that we do not have to use the city's power <br />of eminent domain to condemn the necessary easements and right-of-way, <br />but we believe we should be prepared for the "worst case scenario" and the <br />fact that the rights-of-way and easements may not be willingly provided to <br />the city. <br /> <br />I do not have any information from the city attorney on the technical <br />requirements for the City Council to begin this eminent domain process, but I <br />will have this advice by the Council meeting on Monday night, December 14, <br />1998. The properties which we would like to initiate the eminent domain <br />process on include the Eull property, the Brown property, the <br />commercial/industrial developers properties (Hohlen and the former <br />Vandenberge sites), and the George Deschenes property near County Road <br />13. <br /> <br />Again, I am not sure if a simple motion by the Council to begin the eminent <br />domain process is enough or ff a formal resolution is required, but action on <br />this issue will be recommended to the Council on Monday. <br /> <br />13065 Orono Parkway · P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />