98-14CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 98-14
RESOLUTION AUTHORIZING PROCUREMENT OF LAND PARCELS,
PERMANENT ROAD EASEMENTS, DRAINAGE EASEMENTS, UT XrY
EASEMENTS, ALONG WITH NECESSARY TEMPORARY CONSTRUCTION
EASEMENTS
WHEREAS, the City of Otsego has initiated the necessary steps to construct a wastewater
treatment facility; and
WHEREAS, the City has also ordered plans and specifications for the establishment of a
City sanitary sewer collector system, water system, and facilities to hold and deliver water
service; and
WHEREAS, additional road right-of-ways will need to be acquired in some instances to
facilitate placement of pipes; and
WHEREAS, the general location of the necessary road easements, drainage easements, land
parcels, utility easements, and temporary construction easements is set forth on attached
Exhibit A; and
WHEREAS, the takings are legally described by individual parcels and graphically depicted
on attached Exhibit B; and
WHEREAS, the construction of the above described facilities constitutes a public purpose;
and
WHEREAS, the City has authority to acquire said land and easements by eminent domain
pursuant to Minn. Stat. 117.011 and 117.042; and
WHEREAS, the City has the right to acquire the land and easements prior to the filing of an
award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042;
and
WHEREAS, the land upon which the facilities will be constructed is owned by the following
persons listed on attached Exhibit C; and
WHEREAS, pursuant to its adopted policy, the City will simultaneously negotiate with the
land owners and pursue eminent domain in order to insure timely construction of the project.
NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes
the acquisition of said land and permanent and temporary easements as described on attached
Exhibit C 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. 163.02, Subd. 2,
117.011 and 117.042; and
BE IT FURTHER RESOLVED, that construction of the facilities as set forth herein
constitutes a public purpose; and
BE IT FURTHER RESOLVED, 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. The City will simultaneously
seek to negotiate the acquisition of the described land and permanent and temporary
easements.
Motioll to adopt this resolution made b4fAkVt d seconded by(L�/vj &%A.d;his
jp y of 1998.
rf—IN FAVOR:
OPPOSED:
2CrFYOTSE
c
Larry Fo er
Mayor
2