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state and federal laws (collectively the "Preliminary Surveys"), appraising, designing,
<br />planning, obtaining title information, and specifying the preparation, location, and
<br />routing or re -rerouting of the Project should such become necessary for any reason;
<br />(c) participating in good -faith negotiations with the landowner to make a bona fide offer
<br />for the Property;
<br />(d) appraising the Property;
<br />(e) causing eminent domain proceedings to be filed should the bona -fide offer and good -
<br />faith negotiations fail; and
<br />(f) obtaining, or causing to be applied for and obtained, surety bonds as may be necessary
<br />or desirable regarding any eminent domain proceedings hereinabove authorized or any
<br />injunctive proceedings necessary or related to or as a condition precedent to any such
<br />eminent domain proceedings.
<br />Such documents, instruments, certificates, opinions, consents, pleadings, and other papers, and
<br />any amendments, supplements, or modifications thereto shall be in such form and contain such
<br />terms and conditions, whether material or non -material, as such officers, or any of them, shall
<br />deem necessary, appropriate, or advisable, and all that such officers, their designees, employees,
<br />and retained attorneys have done or may do under or by reason of this and any foregoing
<br />- - resolutions are hereby approved, confirmed, and ratified. The City Council finds that it is in the
<br />best interest to acquire fee simple title and easement rights to the tracts described in the Exhibits
<br />appended hereto from whomever holds legal and equitable title as identified according to the
<br />procedure adopted through this Resolution and to disburse funds in accordance herewith.
<br />SECTION 5.
<br />The determination of necessity to exercise the power of eminent domain in this matter is
<br />made according to reason and judgment with due regard and consideration of the relevant facts,
<br />circumstances, and alternatives, and the knowledge, which existed at this time. Therefore, . the
<br />City, acting by and through its contractual eminent domain attorneys, is hereby directed and
<br />authorized to institute and prosecute to conclusion all necessary proceedings in eminent domain to
<br />condemn the land described herein and to acquire such interest in land if the City is unable to
<br />acquire such through negotiation, and to take any other legal action necessary or incidental to such
<br />acquisition or eminent domain proceeding to investigate, survey, specify, define, and secure the
<br />necessary property rights.
<br />All acts and proceedings done or initiated by the employees, agents, and attorneys of the
<br />City, acting as an agent for the City, for the acquisition of such land are hereby authorized, ratified,
<br />approved, confirmed and validated and declared to be valid in all respects as of the respective dates
<br />of such acts and proceedings, with and in regard to the grantors from whom such land is being
<br />purchased or acquired.
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