99-16RESOLUTION #99-16
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT AND
TEMPORARY CONSTRUCTION EASEMENTS AND OTHER LANDS FOR
IMPROVEMENTS TO ODEAN AVENUE BY EMINENT DOMAIN
WHEREAS, the City of Otsego proposes to construct and improve Odean Avenue; and
WHEREAS, the improvements consist of a bituminous overlay and reconstruction of the
roadway, including necessary storm water drainage improvements, retention and holding
pond areas, and a bike path parallel or along the roadway of said Odean Avenue; and
WHEREAS, certain permanent roadway easements, drainage and utility easements, land
parcels, and temporary construction easements are required to construct said Odean Avenue
as set forth on Exhibit A hereto attached; and
WHEREAS, the City has authority to acquire said land parcels and easements by eminent
domain pursuant to Minn. Stat. 117.011 and 117.042; and
WHEREAS, the City has the right to acquire the 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 over which said permanent roadway easements, utility and drainage
easements, separate parcels, and temporary easements are required is owned by the following
persons (See Exhibit A); and
WHEREAS, the following have an interest in said lands (See Exhibit B); and
WHEREAS, the City has contracted with Evergreen Land Services to negotiate said
easements and acquisition of parcels; and
WHEREAS, Evergreen Land Services has, as of this date, been unable to successfully
negotiate the acquisition of the required easements and land parcels; and
WHEREAS, Evergreen Land Services will proceed to make offers to affected land owners
based upon appraisals ordered by the City prior to service of Notice of Intent to Take
Possession and filing of a petition in Eminent Domain.
NOW THEREFORE BE IT RESOLVED, that the City of Otsego City Council hereby
authorizes the acquisition of said land 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
. Stat. 163.02, Subd. 2, 117.011 and 117.042; and
BE IT FURTHER RESOLVED, that prior to filing of a petition that offers based upon City
ordered appraisals shall be presented to all affected property owners; 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.
Motion to adopt this Resolution made by Vern Heidner and seconded by Council Member
Vi mi ni a Wendel this 22ND day of March 11999.
T
IN FAVOR: Mayor Larry Fournier, Vern Heidner, MArk Berning, Virgins Wendel,
and Suzanne Ackerman, Council Members.
OPPOSED: No One
CITY OF OTSEGO
F
May,
ATTEST:
Elaine Beatty
City Clerk