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city ver RESOLUTION NO. 16- 32 RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVING APPRAISED VALUES FOR PROPERTIES LOCATED AT THE SE CORNER OF US HWY 10 & JOPLIN S'T'REET NW WHEREAS, as part of an economic development project (the "Project"), the. City has acquired certain vacant properties located at the Southeast corner of US Hwy 10 & Joplin Street NW (the "City Properties"). WHEREAS, two properties located adjacent to and to the ;North of the City Properties are currently encumbered by right-of-way easements in favor of the State of Minnesota and the City (the "ROW Properties", legally described in Exhibit A and depicted in Exhibit B); WHEREAS, the City has learned that the MnDOT easement in the ROW Properties is no longer needed for right-of-way purposes; WHEREAS, the City desires to acquire the ROW Properties for the Project; WHEREAS, to acquire clean title to the ROW Properties the City will both need to work with the MnDOT to release the State's easement and acquire the underlying fee interests; WHEREAS, title to the underlying fee interest of these ROW Properties remainsin the names of property owners who have long been deceased; WHEREAS, under Minn. Stat. 5465.01 the City has the power of eminent domain for any purpose for which it authorized by law to take or hold the same by purchase or gift; WHEREAS, under Nfinn. Stat. 5 117.025, Subd. 11, the City is authorized to acquire property that it has determined to be abandoned; WHEREAS, acquisition of said abandoned property will be in furtherance of the Project, which is a public purpose; WHEREAS, the City finds that the ROW Properties constitute abandoned property, as that term is defined under Minn. Stat. §117.025, sub d. 5; WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire title to and possession of the ROW Properties in furtherance of the Project; WHEREAS, the City Council finds that the schedule for the Project makes it necessary to acquire title to and possession of the ROW Properties prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; WHEREAS, the City engaged an independent real estate appraiser to provide the City with the appraiser's opinion of value of the ROW Properties and the City Council finds that the values in the appraisal are appropriate and fair; and