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(c) participating in good-faith negotiations with the landowner to make a bona
<br /> fide offer for the Easement;
<br /> (d) appraising the value Easement;
<br /> (e) causing eminent domain proceedings to be filed should the bona-fide offer
<br /> and good-faith negotiations fail; and
<br /> (f) obtaining, or causing to be applied for and obtained, surety bonds as may
<br /> be necessary or desirable regarding any eminent domain proceedings hereinabove
<br /> authorized or any injunctive proceedings necessary or related to or as a condition precedent
<br /> to any such 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 to the tracts described in the Exhibits appended hereto from
<br /> whomever holds legal and equitable title as identified according to the procedure adopted through
<br /> this Resolution and to disburse funds in accordance herewith.
<br /> SECTION 6.
<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.
<br /> SECTION 7.
<br /> Severability: If any provision, section, subsection, sentence, clause, or phrase of this
<br /> Resolution, or the application of the same to any person or set of circumstances is for any reason
<br /> held to be unconstitutional, void, or invalid, the validity of the remaining portions of this
<br />
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