98-04CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 98-4
RESOLUTION AUTHORIZING CONEWENCEMENT OF EMINENT
DOMAIN PROCEEDINGS.
WHEREAS, the City of Otsego has determined to proceed with construction of a
wastewater treatment facility to serve future needs of the citizens and in order to
address potential future environmental problems arising from septic system
failures; and
WHEREAS, the City has authorized Bonestroo, Rosene and Anderlick,
professional engineers, to study the issue, to make recommendations to the City
Council, and to prepare a Facility Plan for submittal to the Minnesota Pollution
Control Agency for review; and
WHEREAS, such a report was completed by Bonestroo, Rosene and Anderlik,
subsequently reviewed and revised, and put in final form and dated September,
1997; and
WHEREAS, Bonestroo determined that because of heavier discharge restrictions
placed upon discharge into the Mississippi River, due to its designation as a Rare
and Valuable Resource River, that the easiest and most cost effective discharge
point would be to the Crow River; and
WHEREAS the Facility Plan identified, in general, the plant site area for proper
discharge into the Crow River; and
WHEREAS, a public hearing was held on the Facility Plan on September 15,
1997 at which time public comment was heard regarding the general area selected
for discharge, as well as the advisability of constructing the plant; and
WHEREAS, within that area identified generally for the plant site, the City
Council reviewed numerous specific sites, and the final site and area for
construction of roadway and discharge pipe to the Crow River was selected by the
Otsego City Council at a meeting on October 15, 1997; and
WHEREAS, said site is owned by Ralph Lahn (deceased) and Elsie Lahn, and is
upon that property legally described as set forth on the attached Exhibit A; and
WHEREAS, the site and easements required are described as set forth on attached
Exhibit B and B-1; and
WHEREAS, the City Council proceeded to order an appraisal of the designated
site; and
WHEREAS, said appraisal was completed on or about January 29, 1998,
indicating an appraised value for the subject property; and
WHEREAS, the amount of the appraisal was offered by the City to the owners of
the property, but has not been accepted; and
WHEREAS, the City has set forth a time line for proposed construction of the
facility, wherein access to the property to commence necessary testing,
preconstruction activities and to commence construction of the facility must be
secured by early summer of 1998; and
WHEREAS, the City has determined that it must commence action to insure
access to the site in a timely manner; and
WHEREAS, the construction of the wastewater facility and necessary pipes and
access roads constitutes a public purpose as set forth in Minn. Stat. 117, and
WHEREAS, the City has authority to acquire property and easements for said
wastewater treatment plant pursuant to Minn. Stat. 412.211; and
WHEREAS, the City has the right to acquire the land and easements required
prior to the filing of an award by the court appointed commissioners, pursuant to
Min. Stat. Secs. 117.011 and 117.042;
WHEREAS, the County of Wright has certain interests in that portion of the
easements crossing County State Aid Highway 36; and
WHEREAS, the City has been unable to successfully negotiate the acquisition of
the site and easements.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA as follows:
1. That it is determined that construction of a wastewater treatment facility within
the City of Otsego serves a valid public purpose.
2. That the City Council of the City of Otsego hereby authorizes the acquisition of
said land and easements by eminent domain and to take title and possession of that
land prior to the filing of an award by the court appointed commissioners, pursuant
to Minn. Stat. Secs. 412.211, 117.011 and 117.042; and
3. That the City Attorney is requested to file the necessary petition therefor, and to
prosecute such action to a successful conclusion or until it is abandoned,
dismissed, or terminated by the City or the Court.
ADOPTED this 9rH day of February, 1998 by the Otsego City Council, Wright
County, Minnesota.
IN FAVOR: fir, Fournier, Mayor, Council Members Vern Hedner, Virginia
Wendel and Suzanne Ackerman
OPPOSED: Council Member Mark Berning
CITY F OTSEGO
Larry Fournier, Mayor
Laine Beatty, City Clerk
EXHIBIT A
That part of the NW K and that part of the SW K of Section 1, Township 120,
Range 23, Wright County, Minnesota, described as follows: Commencing at the
southwest comer of said NW 1/4; thence on a bearing of north (assumed bearing) at
the west line of said NW 1/4, a distance of 466.18 feet; thence S 83° 07' 30" E, a
distance of 237.23 feet; thence S 78° 11' 10" E a distance of 466.11 feet; thence S
78° 32' 37" E, a distance of 1012.22 feet to the actual point of beginning said
point being on the center line of Wright County Highway Number 36; thence N 0°
13' 39" W, a distance of 2203.94 feet to the north line of NW 1/4; thence N 89° 41'
03" E along said north line, a distance of 941.80 feet to the northeast comer of
said NW '/4; thence S 0° 13' 39" E along the east line of said NW V4, a distance of
2359.48 feet to the centerline of said Wright County Highway Number 36; thence
N 88° 52' 54" W along said centerline, a distance of 77.97 feet; thence westerly
along said centerline on a tangential curve concave to the north, having a radius of
1591.87 feet and a central angel of 100 20' 17", a distance of 287.23 feet; thence
N 78° 32' 37" W along said centerline tangent to said curve, a distance of 45.50
feet; thence S 23° 30' 58" W, a distance of 155 feet more or less to the waters
edge of the Crow River; thence northwesterly and westerly along said waters edge,
a distance of 500 feet more or less to a line which bears S 0° 13' 39" E from the
point of beginning; thence N 0° 13' 39" W along said line, a distance of 124 feet
more or less to the point of beginning.
EXHIBIT B
The north 800.00 feet of the west 550.00 feet of the following described property:
That part of the Northwest Quarter and that part of the Southwest Quarter of
Section 1, Township 120, Range 23, Wright County, Minnesota, described as
follows: Commencing at the Southwest comer of said Northwest Quarter; thence
on a bearing of North (assumed bearing) at the west line of said Northwest
Quarter, a distance of 466.18 feet; thence South 83 degrees 7 minutes 30 seconds
East, a distance of 237.23 feet; thence South 78 degrees 11 minutes 10 seconds
East a distance of 466.11 feet; thence South 78 degrees 32 minutes 37 seconds
East, a distance of 1012.22 feet to the actual point of beginning said point being on
the center line of Wright County Highway Number 36; thence North 0 degrees 13
minutes 39 seconds West, a distance of 2203.94 feet to the north line of Northwest
Quarter; thence North 89 degrees 41 minutes 03 seconds East along said north
line, a distance of 941.80 feet to the northeast comer of said Northwest Quarter;
thence South 0 degrees 13 minutes 39 seconds East along the east line of said
Northwest Quarter, a distance of 2359.48 feet to the centerline of said Wright
County Highway Number 36; thence North 88 degrees 52 minutes 34 seconds
West along said centerline, a distance of 77.97 feet; thence westerly along said
centerline on a tangential curve concave to the north, having a radius of 1591.87
feet and a central angle of 10 degrees 20 minutes 17 seconds, a distance of 287.23
feet; thence North 78 degrees 32 minutes 37 seconds West along said centerline
tangent to said curve, a distance of 45.50 feet; thence South 23 degrees 30 minutes
58 seconds West, a distance of 155 feet more or less to the waters edge of the
Crow River; thence northwesterly and westerly along said waters edge, a distance
of 500 feet more or less to a line which bears South 0 degrees 13 minutes 39
seconds East from the point of beginning; thence North 0 degrees 13 minutes 39
seconds West along said line, a distance of 124 feet more or less to the point of
beginning.
Together with a permanent easement for utility, ingress and egress over, under and
across the west 50.00 feet of the above described property lying southerly of the
north 800.00 feet thereof and northerly of the centerline of County State Aid
Highway No. 36.
Together with a permanent easement for utility purposes over, under and across
the east 40.00 feet of the west 80.00 feet of the above described property lying
southerly of the centerline of County State Aid Highway No. 36.
Together with a permanent easement for utility purposes over, under and across
the east 30.00 feet of the west 80.00 feet of the above described property lying
northerly of the centerline of County State Aid Highway No. 36 and southerly of a
line 40.00 feet northerly of, as measured at right angles, and parallel with said
centerline.
Together with a temporary easement for construction purposes over, under and
across the east 100.00 feet of the west 150.00 feet of the above described property
lying southerly of the north 800.00 feet thereof and northerly of the centerline of
County State Aid Highway No. 36, except the east 30.00 feet of the west 80.00
feet of the above described property lying northerly of the centerline of County
State Aid Highway No. 36 and southerly of a line 40.00 feet northerly of, as
measured at right angles, and parallel with said centerline.
Together with a temporary easement for construction purposes over, under and
across the west 200.00 feet of the above described property lying southerly of the
centerline of County State Aid Highway No. 36.
Said temporary easements to expire on December 1, 1999.
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CITY OF OTSEGO
CONDEMNATION PROCESS: GENERAL OUTLINE
1. Pick facility site through engineering evaluation.
2. Preliminary check of ownership and title.
3. Order appraisal of property.
4. Determine what entity will acquire property. Will the property
be owned singly, jointly, or by a separate entity? What will be the
formula for share of costs related to land acquisition?
5. City evaluates appraisal and Council action is taken to make
offer to purchase property. Authority to enter into purchase
agreement authorized.
6. Negotiate for acquisition of property by purchase.
7. Either close on purchase or consider authorization to go
forward with condemnation of proposed site.
8. Preparation of documents necessary to support Condemnation.
Proposed site plan for facility, proper legal descriptions of all
areas that will be subject to Condemnation, etc.
9. Serve and file Condemnation action on proper parties.
10. Schedule and hold hearing on Public Purpose and Appointment of
Commissioners at the District Court. Agree on Commissioners to
review valuation of property.
11. Swear in Commissioners and schedule Commissioners viewing of
property.
12. Commissioners view property and set up hearing for award on
Condemnation.
13. Commissioners hold hearing on award. Both sides present
appraisals and other evidence.
14. Commissioners make award, money paid or deposited in Court,
time period for appeal of award to District Court commences.
15. If appealed, matter is heard at trial in District Court.
16. District Court judge rules on Commissioner's award.
17. If early possession of the property is a necessity, the City
can proceed under 90 day "quick take" provision of Minnesota
Statute 117.