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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 i 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 2