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Resolution No. 2022-69 ROW for 53rd Ave. Safety Proj. Resolution No. 2020-69 Authorizing the Acquisition of Right-of-Way Consistent with State Law for rd the 53 Avenue Safety Project rd Whereas, the City of Fridley (City), has completed concept plans for the 53 Avenue Safety Turnabout Project within the City and Columbia Heights to address problems related to safety and mobility (Project); Whereas, the Project will provide the ability to separate eastbound and westbound traffic through use of a continuous raised median in conjunction with a roundabout; and Whereas, the City applied for and was successful receiving Highway Safety Improvement Program (HSIP) federal funding for a portion of the Project; and Whereas, on August 6, 2020, the Fridley City Council (Council) met jointly with the Columbia Heights City Council to consider a Joint Powers Agreement to design and deliver the Project; and Whereas, the City has included the Project in its Capital Investment Plan for construction in 2023; and Whereas, it is necessary to acquire certain real property interests for the Project, including permanent and temporary partial acquisitions from properties adjacent to the current right-of- rd way of 53 Avenue N.E.; and Whereas, the Council wishes to authorize negotiations to begin for property needed to complete the Project; and Whereas, the Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquires an interest in the properties described in Exhibit B attached hereto (Properties); and Whereas, the Council finds that real interest in the Properties is required for the Project construction before the filing of the final report of the condemnation commissioners to be appointed by the district court can begin, should that step be necessary; and Whereas, the City has engaged an independent real estate appraiser to provide the City with the appraiser’s opinion of damages caused by the City’s acquisitions of the Properties. Now, therefore, be it resolved, the following: 1. The concept layout is hereby accepted, and the preparation of final plans and specifications are hereby authorized; 2. That the acquisition of the Properties is necessary and for a public purpose in furtherance of the Project; 3. That staff and agents are authorized and directed to acquire the Properties needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 4. That staff and agents are authorized and directed to make offers of compensation for the Properties consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Properties; 5. That the City Attorney, is authorized and directed to take all steps necessary on behalf of the City to acquire the Properties through eminent domain if they are not timely acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minnesota Statutes (M.S.) § 117.042; 6. That the City Manager or their designee, is authorized to approve the appraised values for the Properties if they determine that the independent appraisals adequately reflect the fair market value thereof for the purposes of M.S. § 117.042. th Passed and adopted by the City Council of the City of Fridley this 13 day of June, 2022. _______________________________________ Scott J. Lund – Mayor Attest: Melissa Moore – City Clerk