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RES 17-99CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-99 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO OBTAIN EASEMENTS AND RIGHT-OF-WAY FOR CITY PROJECT NO. 2018-1 EXTENSION OF 85" STREET AND AN EXTENDED PORTION OF MACIVER AVENUE WHEREAS, the City of Otsego has authorized and funded that Project identified as City of Otsego Project No. 2018-1 which includes construction of new roadway, and construction of a trail, retention ponds and other items from 80�" Street north as an extension of MacIver Avenue, and then eastward as an extension of 85th Street to the intersection of existing 85th Street and Nashua Avenue; and WHEREAS, the City ordered and had prepared appraisals for damages to the nineteen (19) affected parcels as set forth on the approved City of Otsego Right of Way Plat No. 3, which were duly approved by the City Council and were offered in writing to the affected property owners; and WHEREAS, City staff has met with and discussed these offers with the majority of the affected property owners; and WHEREAS, the property owners have been provided sufficient time to review and respond to said offers; and WHEREAS, some of the affected of the property owners may ultimately wish to proceed to a Commissioner's hearing in the matter; and WHEREAS, the City must either acquire all of the parcels by negotiation or by eminent domain prior to letting a bid on the Project; and WHEREAS, in order to complete a portion of the Project this year the City needs to acquire the property subject to the statutory ninety day "quick take"; and WHEREAS, the City staff will continue to negotiate with the property owners prior to and during the course of any eminent domain proceedings in order to acquire the property through negotiation, if possible. NOW, THEREFORE IT IS RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. The City Attorney is directed to initiate proceedings in eminent domain under Minnesota Statute 117 in order to obtain the easements needed to construct Otsego City Project No. 2018-1. 2. The City Attorney and City staff are directed to continue negotiations with affected property owners in order to try and acquire the property by negotiation and purchase. ADOPTED this 11th day of December, 2017 by the Otsego City Council. MOTION TO ADOPT the Resolution made by Council Member HEIDNER and seconded by Council Member TANNER IN FAVOR: STOCKAMP, TANNER, HEIDNER, DARKENWALD, WAREHIME OPPOSED: NONE CITY OF OTSEGO Cie& __] /--I sica Stockamp, Mayor Tami Loff, City Clerk 2