99-03CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 99- 03
RESOLUTION AUTHORIZING PROCUREMENT OF LAND PARCELS,
PERMANENT ROAD EASEMENTS, DRAINAGE EASEMENTS, UTILITY
EASEMENTS, ALONG WITH NECESSARY TEMPORARY CONSTRUCTION
EASEMENTS
WHEREAS, the City of Otsego has initiated the necessary steps to construct a wastewater
treatment facility and water storage and delivery system; and
WHEREAS, the City has ordered and approved 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, the City has ah-eady procured the site for the wastewater treatment facility and a
water tower site: and
WHEREAS, additional road night -of -ways will need to be acquired in some instances to
facilitate placement of pipes; and
WHEREAS, the aerieral 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 various takings are legally described by individual parcels and graphically
depicted on attached Exhibit B; and
WHEREAS, the construction of all 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
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WHEREAS, pursuant to its adopted policy, the City will first make offers, based upon
appraisal information, to affected property owners; giving said owners a reasonable amount of
time to respond. In the event that negotiated acquisition of the property interests cannot be
achieved, the City will proceed with eminent domain in order to insure timely construction of
the above mentioned projects.
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 through 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 various 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.
Motion to adopt this resolution made byyern Heidneand seconded by dark Bernina , this
day of 1999.
IN FAVOR: Mayor Fournier, Vern HEidner, em, Mark Berning, CM, Suzanne Ackerman, CM
Virginia Wendel,CM Was Abient.
OPPOSED:
;I?e
ST
s
Beatty
City Clerk
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