99-25CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF NE NNESOTA
RESOLUTION NO.99%�
RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT
EASEMENTS FOR ROADWAY, STORM WATER DRAINAGE, SANITARY
SEWER, WATER, AND urni Y PURPOSES, ALONG WITH NECESSARY
TEMPORARY CONSTRUCTION EASEMENTS FOR 78' STREET AND
PORTIONS OF QUADAY AVENUE
WHEREAS, the City of Otsego has initiated a feasibility study for construction of 78* Street
and portions of Quaday avenue within the City in order to better serve lands recently
proposed for subdivision approval and in order to improve the City's transportation 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 approved a feasibility study for the construction of 78 h Street and
portions of Quaday Avenue; and
WHEREAS, additional easements for purposes of road right-of-way, storm drainage,
sanitary sewer, water, and utilities, as well as temporary construction easements will need to
be acquired; and
WHEREAS, the general location of all necessary permanent easements, and temporary
construction easements is set forth on attached Exhibit A; and
WHEREAS, the various taldngs 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
WHEREAS, pursuant to its adopted policy, the City will first make offers, based upon
appraisal information, to affected property owners, or will require dedication of the necessary
easements within the platting process, if completed prior to commencement of construction of
the roadway and improvements; and will provide 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, flint construction of the various facilities as set forth herein
constitutes a public purpose; and
BE rr 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 by Mayor FOurAseconded by CM Wendel , this
1 oTH day of may , 1999.
IN FAVOR:
OPPOSED:
2
ATTEST
City Clerk
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Overall View of 78th Street V( rj City of Otsego
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Easement Exhibits
s�\N. 1/2 SEC.27, TW. 121, RGE.23, WRIGHT COUNTY, MINNESOTA
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SIR
Easement Exhibit 27»00 r 10 City of Otsego
A permanent eownenl la rood and uUlly purposes over. under and =cs, No south 40.00 feet of No North hall of the Northeast Quarter of Section 27. Tow ship � •?�
121. Range 23. Ahot County, Minnesota together with os that part of sold North Hall of the Northeast Quarter lyilq 50.00 feet westerly of the following dembed
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Beginning at the southeast comer of said North Hall of the Northeast Ouarlr, thence northerly, along the east the of sold North Hall of the HMheast Quarter, a
distance of SU90 Iset to a point at curve; thence northeasterly along a tangential curve concave to the southeast a distance of 402.65 lest. said crus having a ( �.� •%
rodlus of 500.00 feet and a central angle of 46 degrees Oft minutes 29 secalds. to the northwesterly projection of the southerly the o/ said VAUGHT COONIY t
RIGHT-OF-WAY PIAT NO. 9; thrice northeasterly, tangent to said our". a distance of 60.00 feel to Na centerline of void VAUNT COUNTY RIGHT-OF-WAY PLAT NM 9 4
and said line there terminating. Excepting from said strip the easterly 33.00 feet of oaW North Hail of the Northeast Quarter.
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A terrnplor eownrll for construction purposes over, under and ocroes the north 14000 Leet of the south 190.00 feet of the Nath Hail at the Northeast Quarter of I
Section 27. Towmahlp 121. Range 23, Mitlght Countx Minnesota. except the eostety 50.00 feet thrsaf.
A ternpaary sasetNllt for construction purposes evr, under and across the wplerly 117.00 fest of the easterly 150.00 test of Ilse southerly 600.00 Ml of the Nath
Half o/ IM NorMead Quarter o/ Section 27. T~.* 121, Range 23, Yklght County, Minnesota. excepting thereGam the aoove dwa4q permanel, easement Ir road �10 b
and uf6lty purposes. and excepting theretran the southerly 160.00 feet thereof 0 .
The 40.00 toot prmannt easement fr the proposed rood contains 104.965 @%IL 2.41 acres 117
The 17.00 loot permanent easement for the proposed rood contains 10.749 sq.tl- 0.23 acres v
The Trnparry construction sownernt cantahe 432,312 sq.tL 9.92 acres "
Sold ternporary easement to expire an SO
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PROPOSED 78TH STREET M.S.w
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160 FT. TEMPORARY '
EASEMENT i 60 FT. IEMPI'xiARY
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EXHIBIT B-3
Easement Exhibit
',-140 Fr. TEMPORARY
I 40! i EASEMENT
271900 r V, r City of Otsego
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EASEMENT
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EASEMENT
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r-. 111:7 Ink ! 60 FT. TEMPORARY
EASEMENT
#274203
nt It se �
A permanent easement for road and utility purposes over. undand County,osstheola.th 40.00 feet 0f the East Three-Quaclers of the South Half of the
Northeast Quarter of Section 27, Township 121, Range 23,Wrightg
EXCEPT
Beginning at the northeast comer of said East Three -Quarters of the South Half 0f the Northeast Quarter, thence southerly along the east line of said East
thence deflectingfnthe South Halt of the Northeast ortherly o the right 90 degrees audistanced d oft161.70nce ffeetOOthen a deflecting feet; thence deflecting
to the left 90 deto the grees a dit 90 stance ofees 4 distance
8 4..58 feet; thence lost;
deflecting northerly to the right 90 degrees a distance of 396.65 feel more or less to the north line of said East Three -Quarters of the South Half of the Northeast
Quarter; thence easterly along the north line of said East Three-Quartars of the South Half at the Northeast Quarter to the paint of beginning.
A temporary easement for construction purposes over, under and =038 the South 60.00 feet of the North 100.00 fact of the Eust Three-Guartera of the
South Hoff of the Northeast Quarter of Section 27, Township 121. Range 23, Wright County, Minnesota.
EXCEPT
Beginning at the northeast corner of said East Three-Quortera of the South Half of the Northeast Quarter; thence southerly along the east line of sold East
Three -Quarters of the South Hall of the Northeast Quarter o distance of 560.00 feet; thence deflecting westerly to the right 90 degrees a distance of 200.00 test;
thence deflecting northerly to the right 90 degrees a stance of 161.70 fact; thence deflecting westerly to the left 90 Jagraes a distance of 814.58 feet; thence
deflecting northerly to the right 90 degrees a distance of 396.65 feet more or less to the north line of sold East three -Quarters of the South Half of the Northeast
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Quarter: thence easterly along the north line of sold East Three -Quarters of the South Half of the Northeast Quarter to the point of beginning.
The 40.00 fool permanent easement for the proposed coca contains 39,116 Sq.ft. 0.90 acres
The Temporary construction easement contains 58.648 sq.tt. 1.35 acres
Said temporary casement to expire on
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Easement .Exhibit 271300
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#272100
#272100
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PROPOSED 78TH STREET N.E.
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A permanenteasement for road and utility purposes over, under and across the North 40.00 fact of the West Half
of the Southwest Quarter of the Northeast Quarter of Section 27, Township 121, Range 23, Ntight County. Minnesota.
A temporary easement for construction purP03e3 over, under and across the South 60.00 feel of the North 100.00 fact
of the West Half of the Southwest Quarter of the Northeast Quarter of Section 27, Township 121, Range 23,
Wright County, Minnesota.
The 40.00 foot permanent easement for the proposed road contains 26.567 aq.lt. 0.61 acres
The Temporary construction easement contains J9.841 sq.ft. 0.91 acres
Said temporary easement to expire on
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scy rosiwair Rao wo usun rwaawr
140 Ni WORARY
60 FT. TEMPORARY
EASEMENT
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#27 100
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-2713aa.o" I
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Easement Exhibit 272400 r
City of Otsego
A permanent easement far road and utility purposes over, under and across the North 40.00 feet of the East Half
of the Southeast Quarter of the Northwest Quarter of Section 27, iownsnip 121, Range 23, Wright County, Minnesota.
A temporary easement for construction purposes over, under and across the South 60 feel of the North 100.00 feet
of the East Half of the Southeast Quarter of the Northwest Quarter of Section 27, Township 121. Runge 23.
Wright County, Minnesota.
The 40.00 foot permanent easement for the proposed road contains 26.441 sq.ft. 0.61 acres
The Temporary construction easement contains 39,649 sq.ft. 0.91 acres
Said temporary easement to expire on
EMMA XUFWx easau"" u '
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272100
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1/140 FT. TEMPORARY
401 1 EASEMENT
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I EASEMENT 401
PROPOSED 78TH STREET N E
140
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160 FT. IEAIPORARY
'EASEMENT
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W North line of E 1/2
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EASEMENT
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A permanent easement far road and utility purposes over, under and across the North 40.00 feet of the East Half
of the Southeast Quarter of the Northwest Quarter of Section 27, iownsnip 121, Range 23, Wright County, Minnesota.
A temporary easement for construction purposes over, under and across the South 60 feel of the North 100.00 feet
of the East Half of the Southeast Quarter of the Northwest Quarter of Section 27, Township 121. Runge 23.
Wright County, Minnesota.
The 40.00 foot permanent easement for the proposed road contains 26.441 sq.ft. 0.61 acres
The Temporary construction easement contains 39,649 sq.ft. 0.91 acres
Said temporary easement to expire on
EMMA XUFWx easau"" u '
MmmrpWOn MAD wo ila EAM"T
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200 100 0 200
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SCALE IN FEET
Easement Exhibit
272100
le " City of
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---South line of NEI/4 at NWI/4
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ANY
'i_Iw FT. TEMPORARY I
1 EASEMENT
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PROPOSED 78TH STREET N. E.
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—Northline of W 1/2 `•t'.�
60 FT. TEMPORARY
'40
I40
60 F7. TEMPORARY
ty
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of SEI/4 of NWI/4 Y
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EASEMENT
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EASEMENT
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#272100
. #272400
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#271300
` ` #271400
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A permanent casement for road and utility purposes over, under and across the south 40.00 feet
of the Northeast Quarter of the Northwest Quarter of Section 27, Township 121. Range 23, Wright County, Minnesota.
ANO
The North 40.00 feet of the West Half of the Southeast Quarter of the Northwest Quarter of Section 27. Townsnip 121,
Range 23. Wright County, Minnesota.
A temporary easement for construction purposes over, under and across the north 140.00 feel of the South 160 00 teel
of the Northeast Quarter of the Northwest Quarter or Section 27, Townanip 121. Range 23, Wright Caunty. Minnesota.
AND
The South 60.00 feet of the North 100.00 feel of the 'Nest Half of the Southeast Quarter of the Northwest Quwter of
Section 27, Township 121, Range 23, Wright County, Minnesota.
The 40.00 foot permanent easement for the proposed road contains 19,335 sq.tt. 1.92 Jerez
The Temporary construction easement contains 224,816 sq.tt. 5.16 acres
Said temporary easement to expire on
C�/T�"LO11MR'MI
M0r OWSUI EAMeNT
LSY�Lm nru'. eT sale .* 4am EAiWINT
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200 100 0 200
SCALE W FEET
.arnae.awo I
EXHIBIT C
LIST OF PROPERTY OWNERS:
PID # Na, a Address
118-500-271100 Edmond N & M UFebvre. 7981 River Rd, Elk River, MN 55330
118-500.224400 Randal N LeFebvre and M Matheny, 8019 River RD NE, Elk
River, Mn. 55330
118-500-274203 D & Y Family Limited Partnership % Gilbert Darkcnwald
7535 River RD NE, Ells River, MN 55330
118-500-274202 Giibert M & Biliie Darkenwald 7515 Quaday Ave NE,
Elk River, MN. 55330
118-500-271300 Lef-Co, Fann, Inc. 15033 - 'BOTH ST NE, Elk River, MN 55330
118-500-272400 Rita B LeFebvre 15234 - 70TH ST NE, Elk River, MN 55330
118-500-272100 Russell V and Sharon Martie, 2998 -150TH ST NW, Monticello,
MN. 55362
118-500-272200 Backes Cos. Inc, 7026 Brooklyn Boulevard, Brooklyn Center, MN.
118-500-272300 (Same) 55429