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<br /> <br />I tern ~. 7 . <br /> <br />13065 Orono Parkway <br />Elk Rivec lvlN 55330 <br /> <br />August 30, 2005 <br /> <br />File: 226-034P <br /> <br />The Honorable Mayor and City Council <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, 1v1N 55330 <br /> <br />RE: COUNTY ROAD 40 (CLEVELAND AVENUE) <br />EMINENT DOMAIN RESOLUTION <br /> <br />Dear Council Members: <br /> <br />As you are aware, the City has committed to acquiring the right-af-way for the Sherburne <br />Count)1upgrade of County Road 40 (Cleveland Avenue) between CSAH 12 and CSAH 13. <br />The deadline for acquiring the right-of-way is April 15, 2006, to ensure use of the federal <br />funds programmed for this project. Since the deadline is very short, we would recommend <br />that the City Council initiate this process by adopting the attached eminent domain <br />resolution. Staff will likely not file it immediately with the District Court; but rather, begin <br />to make contact with the affected property owners, attempting to acquire all of the <br />properties without use of the City's eminent domain powers. However, if in fact we find it <br />necessary to use eminent domain powers for one or more properties, the process will already <br />have started, thus allowing us to complete sufficient work by April IS, 2006 to preserve use <br />of the Federal funds. <br /> <br />Attached is a resolution prepared by Howard Rosten of Malkerson, Gilliland, Martin, LLP, <br />the attorney who has worked on several land acquisition projects with the City in the past. <br />Staff would reconunend adoption of this resolution. If you have any questions regarding <br />this issue, I will be in attendance at your September 6, 2005 City Council meeting. <br /> <br />Sincerely, <br /> <br />:h:rj1l!~ <br /> <br />Terty J. Maurer, PE <br />City Engineer <br /> <br />Phone: 763.635.1000 <br /> <br />Fax: 763.635.1090 <br />S:\EngineerImprovProj\200S Improvement Projects\COlmty Road 40 Turnback\08 3005 cc memo.doc <br />\VW\v,ci.elk -river.mn. us <br />