00-20RESOLUTION NO. 2000-20
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION AUTHORIZING PROCUREMENT OF LAND BY
EMINENT DOMAIN FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF A TRUNK SANITARY SEWER; STORM SEWER;
WATERMAIN; AND ROAD IMPROVEMENT AND RESTORATION
PROJECT
WHEREAS, the City of Otsego proposes to construct, operate and maintain a
trunk sanitary sewer; storm sewer; and watermain along and within Quaday
Avenue from 78th Street South to the plat of the Pointe, and restore and improve
the existing roadway; and
WHEREAS, the City requires the parcels of land legally described on the
attached Exhibit A for construction, operation and maintenance of said project;
and
WHEREAS, the City has authority to acquire the necessary land parcels and
easements by eminent domain pursuant to Minnesota Statutes § 117.011 and
§ 117.042; and
WHEREAS, the City has attempted to and will continue to attempt to negotiate
acquisition of said parcels; and
WHEREAS, as of this date, the City has been unable to successfully negotiate the
acquisition of the required easements; and
NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby
authorizes the acquisition of the lands described in Exhibit A by eminent domain.
The apparent owners of said property are set forth on the attached Exhibit B. The
City further authorizes, if necessary, that title and possession of the land be taken
prior to the filing of an award by the Court-appointed Commissioners pursuant to
Minnesota Statutes § 117.011 and § 117.042 by the so-called 90 -day "quick take"
process; and
BE IT FURTHER RESOLVED, that the City of Otsego City Council hereby
authorizes the condemnation of the required temporary and permanent easements
and land parcels; and
BE IT FURTHER RESOLVED, that the City Attorney is authorized and
directed to prepare, serve and file the necessary Petition and all other necessary
papers, 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 Council Member N i cho 1 s and
seconded by Council Member Wendel , this 28thday of August, 2000.
IN FAVOR: Mayor LArry Fournier, CM Vern Heidner, CM Virginia
Wendel and CM Suzanne Ackerman
OPPOSED: No one
ATTEST:
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I iwl
CITY OF OTSEGO
c
Mayor ny of Otsego
EXHIBIT A
TO RESOLUTION AUTHORIZING PROCUREMENT OF LAND BY
EMINENT DOMAIN FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF A TRUNK SANITARY SEWER; STORM SEWER
AND PONDS; WATERLINE; AND ROAD IMPROVEMENT AND
RESTORATION PROJECT
The land to be condemned is legally described as:
PID#: 118-500-274203; APPARENT OWNER: D&Y FAMILY LTD.
PARTNERSHIP (C/O GILBERT M. DARKENWALD)
A permanent easement for street and utility purposes over, under and across the
east 40.00 feet of that part of the East Three -Quarters of the South Half of the
Northeast Quarter of Section 27, Township 121, Range 23, described as follows:
Beginning at the northeast comer of said East Three -Quarters of the South Half of
the Northeast Quarter; thence southerly along the east line of said East Three -
Quarters of the South Half of the Northeast Quarter a distance of 560.00 feet;
thence deflecting westerly to the right 90 degrees a distance of 200.00 feet; thence
deflecting northerly to the right 90 degrees a distance of 161.70 feet; thence
deflecting westerly to the right 90 degrees 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 said East Three -Quarters of the South Half of the Northeast
Quarter; thence easterly along the North line of said East Three -Quarters of the
South Half of the Northeast Quarter to the point of beginning.
Together with a permanent easement for drainage purposes over, under and across
the west 410.00 feet of the east 450.00 feet of the south 20.00 feet of the north
60.00 feet of the above described property.
Together with a temporary easement for construction purposes over, under and
across the above described property lying 50.00 feet westerly of and adjoining the
above described permanent easement for street and utility purposes, except the
south 60.00 feet of the north 520.00 feet thereof and except the north 40 feet
thereof.
Together with a temporary easement for construction purposes over, under and
across the south 30.00 feet of the north 90.00 feet of the west 360.00 feet of the
east 450.00 feet of the above described property.
The permanent easement for street and utility purposes contains 3,640 sq. ft. 0.08
acres
The permanent easement for drainage purposes contains 8,200 sq. ft. 0.19 acres
The temporary easement for construction purposes contains 32,800 sq. ft. 0.75
acres
Said temporary easement to expire on January 1, 2002.
PID#: 118-500-271400; APPARENT OWNER: D&Y FAMILY LTD.
PARTNERSHIP (CIO GILBERT M. DARKENWALD)
A permanent easement for street and utility purposes over, under and across the
east 40.00 feet of the East Three -Quarters of the South Half of Northeast Quarter,
in Section 27, Township 121, Range 23, EXCEPTING THEREFROM:
That part of the Southeast Quarter of the Northeast Quarter of Section 27,
Township 121, Range 23, described as follows: Commencing at the southeast
corner of said Southeast Quarter of the Northeast Quarter; thence on a bearing of
North (assumed bearing) along the east line of said Southeast Quarter of the
Northeast Quarter, a distance of 303.63 feet to the actual point of beginning;
thence continue on a bearing of North along said east line, a distance of 207.00
feet; thence North 84° 00' 54" West, a distance of 405.00 feet; thence on a bearing
of South, a distance of 207.00 feet; thence South 84° 00' 54" East, a distance of
405.00 feet to the point of beginning and EXCEPT that part of the East Three -
Quarters of the South Half of the Northeast Quarter of Section 27, Township 121,
Range 23, described as follows: Beginning at the northeast comer of said East
Three -Quarters of the South Half of the Northeast Quarter; thence southerly along
the east line of said East Three -Quarters of the South Half of the Northeast Quarter
a distance of 560.00 feet; thence deflecting westerly to the right 90 degrees a
distance of 200.00 feet; thence deflecting northerly to the right 90 degrees a
distance of 161.70 feet; thence deflecting westerly to the right 90 degrees 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 said East Three -Quarters
of the South Half of the Northeast Quarter; thence easterly along the North line of
said East Three -Quarters of the South Half of the Northeast Quarter to the point of
beginning.
Together with a temporary easement for construction purposes over, under and
across the above described property lying 50.00 feet westerly of and adjoining the
above described permanent easement for street and utility purposes.
The permanent easement for street and utility purposes contains 3,867 sq. ft. 0.09
acres
The temporary easement for construction purposes contains 27,620 sq. ft. 0.63
acres
Said temporary easement to expire on January 1, 2002.
PID#: 118-500-274202; APPARENT OWNER: GILBERT M.
AND BILLIE DARKENWALD
A permanent easement for street and utility purposes over, under and across the
east 40.00 feet of that part of the Southeast Quarter of the Northeast Quarter of
Section 27, Township 121, Range 23, Wright County, Minnesota, described as
follows: Commencing at the southeast comer of said Southeast Quarter of the
Northeast Quarter; thence on a bearing of North (assumed bearing) along the east
line of said Southeast Quarter of the Northeast Quarter, a distance of 303.63 feet to
the actual point of beginning; thence continue on a bearing of North along said
east line, a distance of 207.00 feet; thence North 84° 00' 54" West; a distance of
405.00 feet; thence on a bearing of South, a distance of 207.00 feet; thence South
84° 00' 54" East, a distance of 405.00 feet to the point of beginning. Containing
1.91 acres and subject to the right of way of Quaday Avenue NE over the east
33.00 feet thereof. Subject to Utility and Drainage Easement to the City of
Otsego.
Together with a temporary easement for construction purposes over, under and
across the above described property lying 50.00 feet westerly of and adjoining the
above described permanent easement for street and utility purposes.
The permanent easement for street and utility purposes contains 1,449 sq. ft. 0.03
acres
The temporary easement for construction purposes contains 10,350 sq. ft. 0.24
acres
Said temporary easement to expire on January 1, 2002.
PID#: 118-500-274103; APPARENT OWNER: GILBERT M.
AND BILLIE DARKENWALD
A permanent easement for street and utility purposes over, under and across the
east 40.00 feet of the east 440 feet of the north one third of the east 30 acres of the
North Half of the Southeast Quarter of said Section 27, Township 121, Range 23,
Wright County, Minnesota.
Together with a temporary easement for construction purposes over, under and
across the above described property lying 50.00 feet westerly of and adjoining the
above described permanent easement for street and utility purposes.
The permanent easement for street and utility purposes contains 3,063 sq. ft. 0.07
acres
The temporary easement for construction purposes contains 21,875 sq. ft. 0.50
acres
Said temporary easement to expire on January 1, 2002.
PID#: 118-500-274102; APPARENT OWNER: JAMES L.
AND JOYCE E. JOHNSON
An 80.00 foot permanent easement for street and utility purposes over, under and
across the south two thirds of the east 30 acres of the North Half of the Southeast
Quarter of said Section 27, Township 121, Range 23, Wright County, Minnesota,
the centerline of which is described as follows:
Beginning at the northeast corner of said Northeast Quarter of the Southeast
Quarter; thence southerly along the east line of said Northeast Quarter of the
Southeast Quarter a distance of 1159.75 feet; thence southeasterly a distance of
385.65 feet along a tangential curve concave to the northeast, said curve having a
radius of 500.00 feet and a central angle of 44 degrees 11 minutes 33 seconds and
said centerline there terminating.
Together with a temporary easement for construction purposes over, under and
across the east 90.00 feet of the above described property except therefrom the
above described permanent easement for street and utility purposes.
The permanent easement for street and utility purposes contains 6,140 sq. ft. 0.14
acres
The temporary easement for construction purposes contains 44,860 sq. ft. 1.03
acres
Said temporary easement to expire on January 1, 2002.
EXHIBIT B
TO RESOLUTION AUTHORIZING PROCUREMENT OF LAND BY
EMINENT DOMAIN FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF A TRUNK SANITARY SEWER; STORM SEWER
AND PONDS; WATERLINE; AND ROAD IMPROVEMENT AND
RESTORATION PROJECT
The apparent owners of the subject properties are as follows:
1. PID#: 118-500-274102; Apparent owner: James and Joyce Johnson;
2. PID#: 118-500-274103; Apparent owner: Gilbert and Billie Darkenwald;
3. PID#: 118-500-274202; Apparent owner: Gilbert and Billie Darkenwald;
4. PID#: 118-500-274203; Apparent owner: D&Y Family Ltd. Partnership
(c/o Gilbert M. Darkenwald); and
5. PID#: 118-500-271400; Apparent owner: D&Y Family Ltd. Partnership
(c/o Gilbert M. Darkenwald).