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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