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93-56RESOLUTION NO 91-56 CALLING FOR FINAL HEARING ON IMPROVEMENT OF NE 85TH STREET BETWEEN PAGE AVENUE NE AND COUNTY STATE AID HIGHWAY 42 (NE PARRISH AVE) CITY OF OTSEGO, COUNTY OF WRIGHT, STATE OF MINNESOTA WHEREAS, pursuant to resolution of the Council adopted nrtnha+r 26, 19,x,._, a report has been prepared by Hakanson Anderson, Associates, Inc., Larry Koshak, project Engineer with reference to the improvement of NE 85TH Street between Page Avenue NE and County State Aid Highway 42 (NE Parrish Avenue) City of Otsego, County of Wright, State of Minnesota; and this report was received by the council on April U 19,E-, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA= 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 160.750,0-- 2. 60750.002. A public hearing shall be held on such proposed improvement on the 25May 1993 in the TH day of council chambers of the City Hall at 2_t.30.aX1Q .(P -m - ) and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the council this qday of Anri] , 1993. T, CLERK kAL ( CITY` ) CITY OF OTSEGO: F FRESKE, MAYOR CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ADOPTING ASSESSMENT WHEREAS, pursuant to proper notice duly given as required by law, the Otsego City Council has met and heard and passed upon all objections to the proposed assessment for construction of an extension of that city street known as 85th Street between Northeast Page Avenue and County State Aid Highway 42 benefiting all properties within the Plat of Country Ridge and also the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter all in Section 22, Township 121, Range 23, City of Otsego, Wright County, Minnesota. The intent of this resolution is to assess all properties described within that Agreement To Be Assessed dated July 31, 1990 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments to be payable on or before the first Monday of January, 1994 and shall bear interest at a rate of nine percent (9%) per annum from the date of this resolution until December 31, 1993. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Pursuant to the Assessment Agreement, earlier executed, the assessment on Northwest 1/4 of Southeast 1/4 and the Southwest 1/4 of Northeast 1/4 Sec. 22, Township 121, Range 23 is hereby deferred, both principal and interest, until 2 years after the date of the adoption of this resolution. 3. That said assessments are based upon an Assessment Agreement duly executed by the owners of the properties at the time of that agreement and that subsequent purchasers did take such property with full knowledge of the obligations contained within that agreement. 4. The owners of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution, and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The Clerk shall forthwith transmit a certified duplicate of the final assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. The clerk is hereby directed to make necessary changes to the final assessment roll as to effectuate the intent of this resolution. ADOPTED by the City Council this 25th day of May, 1993. C� on::)= �- Nor—man F. Freske, Mayor ASSESSMENT ROLL Plat of Country Ridge as PID # recorded in the Wright County Recorder's Office Country Ridge Partnership 12513 Otto St. Rogers, MN 55374 Assessment Amount: $30,938.00 NW 1/4 of SE 1/4 and SW 1/4 of NE 1\4 PID # Sec. 22, T. 121, R. 23. John Earl Lefebvre Loving Trust c/o John E. Lefebvre 8585 NW Parrish Ave. Otsego, MN 55330 Assessment Amount: $30,938.00 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. EMINENT DOMAIN Whereas, the City of Otsego is constructing an extension to 85th Street, and Whereas, said extension of 85th Street will service that recently developed plat known as Country Ridge as well as the entire City of Otsego, and Whereas, permanent easements for roadway, drainage, and utility purposes are required over certain lands, said lands described as (See Exhibit A), and said easements described as (See Exhibit B), and Whereas, temporary construction easements are required over certain lands to install said roadway, those temporary construction easements described as (See Exhibit C), and Whereas, the City of Otsego is granted the authority to construct said roadway, and Whereas, the City of Otsego has authority to acquire easements for said roadway by eminent domain pursuant to Minnesota Statutes, Chapter 465.01, and Whereas, the City of Otsego has the right to acquire these easements prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes, Chapters 117.011 and 117.042, and Whereas, a portion of the said lands required for easement purposes are owned by John E. LeFebvre and Kevin LeFebvre as trustees for the John E. LeFebvre Loving Trust, Whereas, the City of Otsego has"been unable to successfully negotiate the acquisition of the required easements; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Otsego hereby authorizes the acquisition of any or all of the above said land by eminent domain, and taking of title to and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minnesota Statutes, Chapters 465.01, 117.011 and 117.042, and; BE IT FURTHER RESOLVED, that the Otsego City Attorney is requested to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA 93-56 A RESOLUTION ADOPTING ASSESSMENT WHEREAS, pursuant to proper notice duly given as required by law, the Otsego City Council has met and heard and passed upon all objections to the proposed assessment for construction of an extension of that city street known as 85th Street between Northeast Page Avenue and County State Aid Highway 42 benefiting all properties within the Plat of Country Ridge and also the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter all in Section 22, Township 121, Range 23, City of Otsego, Wright County, Minnesota. The intent of this resolution is to assess all properties described within that Agreement To Be Assessed dated July 31, 1990 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments to be payable on or before the first Monday of January, 1994 and shall bear interest at a rate of nine percent (90) per annum from the date of this resolution until December 31, 1993. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Pursuant to the Assessment Agreement, earlier executed, the assessment on Northwest 1/4 of Southeast 1/4 and the Southwest 1/4 of Northeast 1/4 Sec. 22, Township 121, Range 23 is hereby deferred, both principal and interest, until 2 years after the date of the adoption of this resolution. 3. That said assessments are based upon an Assessment Agreement duly executed by the owners of the properties at the time of that agreement and that subsequent purchasers did take such property with full knowledge of the obligations contained within that agreement. 4. The owners of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution, and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The Clerk shall forthwith transmit a certified duplicate of the final assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. The clerk is hereby directed to make necessary changes to the final assessment roll as to effectuate the intent of this resolution. ADOPTED by the City Council this 25th day of May, 1993. cyt a 3--4� Norman F. Freske, Mayor A TgST� 'Z'0. . J ome e%r.. t, ity Clerk f ASSESSMENT ROLL FOR 85TH STREET NE BETWEEN PAGE AVENUE NE AND COUNTY STATE AID HIGHWAY 42, MSA PROJECT 217-102-02, CITY IMPROVEMENT PROJECT 92-1, CITY OF OTSEGO, MINNESOTA PID NO: NAME AND ADDRESS: ASSESSMENT AMT: 118-500-221300 - Mr John LeFebvre 8585 Parrish Ave NE 2 - 40 Acre Elk River (Otsego) MN 55330 Parcels and @ $15,469.00 ea Mr Kevin LeFebvre In Loving Trust- 15483 NE 90TH ST Elk River (Otsego) MN 55330 Country Ridge Plat # 052 TOTAL OF TWO 40 ACRE PARCELS $30,938.00 Mr Tony Emmerich and Mr Steven Scharber Country Ridge Partnership 12513 Otto Street 2 - 40 Acre Rogers MN 55374 Parcels @15,469-00 ea Suite 201 and 2619 Coon Rapids Blvd - Coon Rapids MN 55443 TOTAL OF TWO 40 ACRE PARCELS $30,938.00 ASSESSMENT ROLL Plat of Country Ridge as PID # recorded in the Wright County Recorder's Office Country Ridge Partnership 12513 Otto St. Rogers, MN 55374 Assessment Amount: $30,938.00 NW 1/4 of SE 1/4 and SW 1/4 of NE 1\4 PID # Sec. 22, T. 121, R. 23. John Earl Lefebvre Loving Trust c/o John E. Lefebvre 8585 NW Parrish Ave. Otsego, MN 55330 Assessment Amount: $30,938.00