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Res 1998-43 0/096 RESOLUTION NO. 43 - 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE ACQUISITION OF AN EMINENT DOMAIN PROCEEDING TO ACQUIRE FEE SIMPLE WHEREAS, the City Council of the City of Fridley has determined that there is a need to reconstruction 57th Avenue from University Avenue to Main Street; and WHEREAS, a traffic study dated March 1997, prepared by BRW Inc. , documents the need for reconstructing 57th Avenue; and WHEREAS, the traffic study determined that, for reasons of increasing public safety, larger and additional rights-of-ways for travel lanes and turning lanes were necessary as well as a need to reduce access points to 57th Avenue; and WHEREAS, the Council finds the acquisition of the property described in Exhibit A is necessary for the completion of the 57th Avenue reconstruction Project No. ST-1997-4 in a safe configuration than originally planned; and WHEREAS, the City has been unable to negotiate the acquisition of the described property in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the acquisition of said land by eminent dominion pursuant to Minnesota Statutes, Chapter 117; and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary petition therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City Council or the court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8m DAY OF JUNE, 1998. CY J 'O'oE' uN - MAYOR ATTEST: CI 1 Liu Awes,WILLIAM A. CHAMPA - CIT CLERK EXHIBIT A CATTLE COMPANY A Permanent Easement for Highway purposes over, under and across the North 3.00 feet of Lot 2, Block 1, HOLIDAY NORTH 1ST ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. Hardee' s Restaurant A Permanent Easement for Highway purposes over, under and across the South 14.20 feet of Lots 6, 7, 8, 9, 10, 11, 12 and the West 25 feet of Lot 13, Block 7, CITY VIEW, according to the recorded plat thereof, Anoka County, Minnesota. Apartment Building A Permanent Easement for Highway purposes over, under and across that part of Lots 3, 4 and 5, Block 7, CITY VIEW, according to the recorded plat thereof, Anoka County, Minnesota, lying south of a line beginning at a point of the east line of said Lot 5, distant 10.14 feet north of the southeast corner thereof; thence westerly to a point on the west line of said Lot 3, distant 7.43 feet north of the southwest corner thereof, and there terminating.