96-19C _-
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 96-19
RESOLUTION AUTHORISING PAYMENT FOR CERTAIN PROPERTY CURRENTLY OWNED
BY THE JOHN LEFEBVRE LOVING TRUST CONTINGENT UPON AGREEMENT FOR
PURCHASE, EXECUTION OF ACCEPTABLE EASEMENT AGREEMENT, AND AGREEMENT
TO USE FUNDS TO PAY OFF ASSESSMENTS CERTIFIED AGAINST PROPERTY
OWNED BY THE TRUST AND JOHN E. LEFEBVRE.
WHEREAS, an Agreement To Be Assessed was executed on the 31st day
of July 1990 between the then Town of Otsego (now City of Otsego),
County of Wright, State of Minnesota ("Otsego"), John E. Lefebvre,
the John Earl Lefebvre Loving Trust and other parties relative to
the improvement of 85th Street within the City of Otsego; and
WHEREAS, said agreement set forth two separate assessments each in
the amount of $15,469.00, plus interest at the rate of 9% per annum
over a period of ten (10) years to be certified against the
respective parcels, i.e. PID 118-500-221300 and PID 118-500-221301;
and
WHEREAS, by the terms of said Agreement both assessments, principal
and interest, were deferred for a period of two years from the date
of adoption of the assessment; and
WHEREAS, the City of Otsego did defer said assessments and interest
for the agreed upon term; and
WHEREAS, said assessment was duly adopted on May 25, 1993; and
WHEREAS, said assessment is now certified upon the records of the
Wright County Auditor as a special assessment against the John Earl
Lefebvre Loving Trust property; and
WHEREAS, the City has reached a verbal Agreement with John E.
Lefebvre on behalf of the John Earl Lefebvre Loving Trust to
purchase certain property owned by the trust located upon PID No.
118-500-221300, as described on the attached Exhibit A; and
WHEREAS, said purchase is contingent upon various factors, as
follows:
1. That the parties enter into an agreement acceptable to the
City regarding the terms and conditions of an easement for ingress
and egress across the described property in favor of property of
John E. Lefebvre.
2. That John E. Lefebvre and the trust agree that the money
paid by the City for the property shall be immediately used to pay
off the above described assessments.
3. That the necessary steps for land acquisition pursuant to
the terms of the ISTEA Grant to the city be completed in accordance
with the terms and conditions of that grant so that said land
acquisition is an eligible expenditure for reimbursement under
ISTEA.
WHEREAS, a proposed Agreement setting forth the terms and
conditions of the transaction has been presented to Mr. Lefebvre.
NOW THEREFORE BE IT RESOLVED that City Staff are hereby authorized
to pay to John Earl Lefebvre Loving Trust an amount not to exceed
thirty thousand nine hundred and thirty eight dollars and 00/100
cents ($30,938.00) for acquisition of land owned by the John Earl
Lefebvre Loving Trust subject to the contingencies previously
stated in this Resolution being successfully resolved.
NOW THEREFORE BE IT FURTHER RESOLVED that in the event that City
Staff are unable to successfully negotiate an agreement with the
John Earl Lefebvre Loving Trust in accordance with the terms and
conditions stated above they are hereby authorized to commence
proceedings in eminent domain to acquire the above described
property.
ADOPTED this 24TH date of June, 1996 by the Otsego City Council.
IN FAVOR: Norman F Freske, Mayor, Vern Heidner, Ron:.Black, Larry
Fournier and Suzanne Ackerman, Council Persons
OPPOSED: no one
4 4�
tlaine Beatty, City Cl(9kk
CITY OF OTSEGirm-44L
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Norman 1w.Freske, Mayor