Res 69 - 285 Authorizing Execution of Stipulations with Northern States Power Company & Northern Natural Gas Company Relative to Condemnation ProceedingsVillage of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 285
RESOLUTION AUTHORIZING EXECUTION
OF STIPULATIONS WITH NORTHERN STATES
POWER COMPANY AND NORTHERN NATURAL
GAS COMPANY RELATIVE TO CONDEMNATION
PROCEEDINGS
WHEREAS, it has been necessary for the Village to commence condemna-
tion proceedings (captioned Village of Mendota Heights v. Shaw, et al.)
in order to acquire easements necessary for the Curley's Valley View
Sewer and Water Improvement Project (Improvement 69, Project No. 4),t,
and
WHEREAS, it has also been necessary for the Village to commence con-
demnation proceedings (entitled Village of Mendota Heights v. Schroepfer,
et al.) with respect to the improvement projects known and designated
as Improvement 68, Project No. 6, Improvement 69, Project No. 2, and
Improvement 69, Project No. 3, and
WHEREAS, with respect to the condemnation proceedings entitled Village
of Mendota Heights v. Shaw, et al., the Village has joined Northern
States Power Company and Northern Natural Gas Company as parties
respondents in said proceedings by reason of utility easements held
by said companies, and
WHEREAS, it is not necessary that the Village acquire the easement
rights of said utility companies with respect to said improvements,
and
WHEREAS, with respect to the condemnation proceedings entitled Village
of Mendota Heights v. Schroepfer, et al., the Village has joined
Northern Natural Gas Company as parties respondents in said proceedings
by reason of utility easements held by said company, and
WHEREAS, it is not necessary that the Village acquire the easement
rights of said utility company with respect to said improvements, and
WHEREAS, the Village Attorney has presented a stipulation from
Northern States Power Company under which Northern States Power
Company has agreed to allow the Village to construct and maintain
its water and sewer system over the property more particularly des-
cribed in said stipulation, and the _Village, in consideration therefor,
has agreed to reimburse Northern States Power Company and hold it harm-
less from any loss or damage -occasioned by or occurring in the course
of the location, construction or maintenance of said sewer and water
system and the Village therein has further agreed to dismiss Northern
States Power Company from said condemnation proceedings entitled
Village of Mendota Heights vs. Shaw, et al., and
WHEREAS, the Village Attorney has presented separate stipulations
executed by Northern Natural Gas Company with respect to the condemna-
tion proceedings entitled Village of Mendota Heights v. Shaw, et al.
and Village of Mendota Heights v. Schroepfer, et al., and
WHEREAS, in said stipulations the Village has agreed to limit its
taking in said condemnation proceedings to the property more parti-
cularly referred to in said stipulations and has agreed to design,
install and operate the Village sewer and water systems over said
property in a manner comparable with and in no way obstructive to the
gas pipeline facilities of Northern Natural Gas Company, and
WHEREAS, in said stipulations, Northern Natural Gas Company has agreed
that it would not contest the right of the Village to acquire the ease-
ments interests referred to in said stipulations.
NOW THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the
Village of Mendota Heights as follows:
The Village Attorney be and is hereby authorized and
directed on behalf of the Village to execute said
stipulations presented to the meeting and is further
authorized and directed to deliver a fully executed
copy of each stipulation to said companies.
Adopted by the Village Council of the Village of Mendota Heights this
2nd day of December, 1969.
VILLAGE COUNCIL
VILLAGE OF MENDOTA HEIGHTS
By
Donald L. Huber
Mayor