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Item 6.4. <br /> <br /> Howard R <br /> <br />March 6, 2002 <br />File: 806550J-0045 <br /> <br />, Green Company <br /> <br />Honorable Mayor and City Council <br />City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330-0490 <br /> <br />RE: <br /> <br />175TH AVENUE <br />EMINENT DOMAIN RESOLUTION <br /> <br />Dear Council Members: <br /> <br />Based on past City Council direction, City staff has retained Howard Roston of Malkerson Gilliland <br />Martin LLP to deal with the eminent domain issues on 175th Avenue. Mr. Roston is the same <br />attorney who worked on the eminent domain issues on Tyler Street. At that time, Mr. Roston was <br />an associate in the same law firm as City Attorney Peter Beck. City Attorney Beck has <br />recommended that the City continue to use Mr. Roston for eminent domain issues. <br /> <br />In meeting with Mr. Roston and reviewing the project history, one recommendation he made is to <br />have the City Council re-adopt the eminent domain resolution with some minor changes. Mr. <br />Roston has "tweaked" some of the resolution's language. The most significant change is a new <br />Exhibit A that specifically lists the legal owners of all property and the property description of the <br />permanent and temporary easement takings. <br /> <br />Mr. Roston has sent a letter to all property owners, indicating that he has been retained and it is <br />the City's desire to acquire the land without fully implementing the eminent domain procedures. He <br />has, however, indicated that the City is committed to completing this project and will, in fact, use <br />their eminent domain powers if necessary. We have received many property owner calls and have <br />reinitiated discussion with numerous property owners based on Mr. Roston's letter. At Monday <br />evening's meeting, I will be able to update you on the status of the land acquisition issues. <br /> <br />City staff would recommend that the Council adopt the attached resolution relative to the eminent <br />domain proceedings on 175th Avenue. <br /> <br />Sincerely, <br /> <br />Howard R. Green Company <br /> <br />Terry J. Maurer, P.E. <br /> <br />TJM:tw <br />Attch. <br /> <br />Ltr 3-6-02 Council <br /> 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 <br /> <br /> <br />