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RES 14-18CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-18 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO OBTAIN EASEMENTS FOR CITY PROJECT NO. 2014-1 701h STREET AND A PORTION OF CSAH 37 WHEREAS, the City of Otsego has sought and received federal funding for a portion of that Project identified as City of Otsego Project No. 2014-1 which includes construction of new roadway, improvement of existing roadway as well as construction of a bike trail from the eastern edge of the Plats of MARTIN FARMS and REMINGTON COVE to the intersection of CSAH 37 and Odean Avenue; and WHEREAS, the City ordered and had prepared appraisals for damages to the nineteen (19) affected parcels (Exhibit A) 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, it appears that certain of the property owners 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 during the course of 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: 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. 2014-1. 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 24th day of March, 2014 by the Otsego City Council. MOTION TO ADOPT the Resolution made by Council Member Schroeder and seconded by Council Member Darkenwald. IN FAVOR: Stockamp, Schroeder, Heidner, Darkenwald, Warehime OPPOSED: None CITY OF OTSEGO G"iNVAP-- JessAStockamp, Mayor Jawtil��*iz Tami Loff, City Clerk 2 EXHIBIT A Parcels 4,5,6, 8,9,10,11,12,13,16,17,18,1921,22,23,24,25,26,27,28,31 and 32 Otsego Road Project No. 2014.