04-61CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2004-61
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
OTSEGO AND D&Y FAMILY LIMITED PARTNERSHIP RELATIVE TO
DONATION OF LAND TO THE CITY OF OTSEGO FOR FURTHER
CONVEYANCE TO THE STATE OF MINNESOTA FOR CONSTRUCTION OF
AN INTERCHANGE AT STATE HIGHWAY 101 AND WRIGHT COUNTY 42
WHEREAS, the State of Minnesota has proposed upgrade of a portion of State
Highway 101 lying within the City of Otsego to freeway status with construction
proposed to commence in 2006; and
WHEREAS, the City must provide Official Municipal Consent to the preliminary design
of the proposed upgrade to State Highway 101; and
WHEREAS, the original design proposed by the State showed an overpass at the
intersection of State Highway 101 and County Road 42; and
WHEREAS, the City requested that the State of Minnesota meet with the affected
property owners, including the D&Y Family Limited Partnership, and try to reach
agreement that would allow an interchange at the above stated intersection; and
WHEREAS, the State did meet with D&Y and arrived at an interchange design which
the State of Minnesota deemed acceptable; and
WHEREAS, the City has determined that the interchange design primarily benefits D&Y
properties located around the interchange; and
WHEREAS, the City has determined that the interchange does provide some benefit to
the overall community in providing additional convenient access onto and off of State
Highway 101; and
WHEREAS, D&Y has agreed to donate certain lands owned by it to the City which will
subsequently be conveyed to the State of Minnesota for purposes of constructing the
proposed Highway 101 project which includes on and off ramps at the intersection of
Highway 101 and County Road 42 directly benefiting property owned by D&Y; and
WHEREAS, the City has met with D&Y and has agreed to provide various means of
compensation, in exchange for the lands donated and in recognition of the benefit
provided to the City in general due to construction of the interchange; and
WHEREAS, the City has drafted an Agreement, attached to this Resolution which
Agreement contains descriptions of the parcels to be donated, the terms upon which the
City will accept the donations, and recites the consideration that the City will provide in
exchange for the donated parcels.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego,
Wright County, Minnesota as follows:
1. The City hereby accepts the donation of those lands as described in the attached
Agreement upon the terms and conditions stated in the Agreement.
2. The City hereby approves the Agreement and directs the Mayor and the City
Clerk to execute the Agreement as presented.
3. The City hereby directs City staff and the City Attorney to proceed to take all
necessary steps to effectuate escrow and eventual transfer of the parcels as set
forth in the Agreement.
ADOPTED by the Otsego City Council this 13`
h
day of September, 2004.
IN FAVOR: Mayor Fournier, Councilmembers: Vern Heidner, Virginia Wendel
and Dan Scharber.
OPPOSED: None
CITY OF OTSEGO
ti
Larry Fo ier, Mayor
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