Loading...
02-13CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2002-13 RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT EASEMENTS FOR STORM WATER DRAINAGE UTILITY PURPOSES FOR 88' STREET EXTENSION PROJECT WHEREAS, the City of Otsego has recently constructed improvements to 88a' Street including extension of the constructed roadway, bituminous surfacing, installation of sanitary sewer, storm sewer, and water improvements; and WHEREAS, the original City project included construction of certain pipes for storm water drainage across the property owned by Christ Lutheran Church; and WHEREAS, the project was originally initiated by a petition, initiated by Christ Lutheran Church, requesting the improvements constructed; and WHEREAS, the original project identified easements necessary to construct the project which were obtained from the property owners petitioning for the project, including a drainage and utility easement across the Christ Lutheran property to convey storm water from 8e Street to the MNDOT constructed facilities east of Highway 101; and WHEREAS, after the improvements to 88th Street were constructed, the City was notified by MNDOT that additional storm water storage facilities west of Highway 101 would be required; and WHEREAS, negotiations were commenced with Christ Lutheran to acquire at a fair and reasonable price a approximately .425 acre storm water easement located upon the Christ Lutheran property located within the floodplain; and WHEREAS, said negotiations are still proceeding, but the parties have been unable to reach settlement; and WHEREAS, the City has, in writing, requested that it be allowed to purchase the additional capacity in the Regional Pond that MNDOT alleges is necessary for the project, and MNDOT has, in writing, rejected that reasonable proposal; and WHEREAS, the cost of land acquisition for the storm water drainage easement across the Christ Lutheran Church could make construction of the piping system originally included within the project no longer feasible and cost effective for the City; and WHEREAS the City Engineer has identified an alternative which would serve the requirements of NOMT and would require only minimal expansion (.380 acres) of that easement across the Christ Lutheran Church already required; and WHEREAS, the location and legal description of the expansion of the existing permanent drainage and utility easement is set forth on attached Exhibit A; and WHEREAS, the construction of the above described facilities constitutes a public purpose; and WHEREAS, the City has authority to acquire said 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 B; and WHEREAS, the City will continue negotiations and, if further negotiation is not successful will make a written offer to the affected property owner and will provide said owner 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 project and MNDOT final approval of the 88`h Street extension. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said permanent easements as described on attached Exhibit A 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 continue negotiations 2 with the property owner and make a written offer to the property owner. In the event that negotiations are unsuccessful the City Attorney is directed 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 Fou rn; er and seconded bYS tru thers , this 2 5 t day of March, 2002. INFAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner, Suazanne Ackerman, Jerry Struthers and Virginia Wendel. OPPOSED: NONE ATTEST Posted: City Hall 04-01-02 CITY OF OTSEGO F r Mayor 3 „'Anderson Assoc.,lno. L_Ll Q =II cn Q n I I II, (� Trr END r E 1 D 11 DENOTES EXISTING EASEMENT TAKEN IN 2000 (0.381 AC.) IIDENOTES PROPOSED CONDEMNATION EASEMENT ON PROPERTY (0.380 AC ®I DENOTES CHURCH PROPOSED EASEMENT ALONG T.H. 101 I R.O.W. (0.425 AC.) c II I H o II 1 000 II 15849-30 I N.T.S. I I LOT 1 I II i I II L------JL----�_—_ 88TH STREET N.E. F .... . 35' NEWLY PROPOSED EASEMENT DETAIL NOT TO SCALE 33' 10' MnDOT ROW O EXISTING (HWY 101) 861_ EASEMENT OR EX. GRADE 4.7 855 I 27.5' I EXHIBIT A 1n 4 ­\ eA.6 n.n OUTLOT 8 PROPOSED DRAINAGE AND U71UTY EASEMENT 7^ LOT 1, BLOCK , - MRD CHRIST LUTHERAN ADDITION L''C�Se71267Lt ExhZb ZIi E*I--t —t (er d , 40.0 f"t 1 e few; uMv v d acres th.._th_ t dy 2500 eouMeaatvly 1000 feet I*q R.rm.ny a, th..auth.Ay le0o feet e, �. ==rt ,aoo fed d �t ,. ,. Y� , t eN �,1� PID # 118— 059 — 0 01010 might..otq aooadN9. fe the r.avd.d plat t 111-ck t easement 10.229 C. R ar 0.235 ave. r r City of Otsego II dy i MDR r %&SR-. AL PARK ; ; MDR ^Ofm-. L'vTFiERti: Aw=—.-.- #221101 Ne rr�..r,... r. I1 I� •�J D �`P L— --—— — — —— —— —J l�— — — — - -tel------ •u. �.w. ®� e --- —r4rr a I 88TH STREET NE. �a-------------------------- \ ° i1 {zzt,00 amcr A i 'Po. • I I I MOR 04MT �T9� I I I I I I 'ca 1 I I \ I j I t JDO REMSCH mR NNF 7�.■ � k ®m -• ' ■.■ MOs N Eosement Exhibit e1 Dvwt" Pvmv�nt dralmoge ! utNty ea..m.nt Clv ASSOC. IIIC Fo v fee City of Otsego 1 �. 4 ni-.fF® ua 2 02 n[ a OrN. !4'i ®mot wuuRsoH wMtlaa ASSadUlEe..iC. EXHIBIT A PROPOSED DRAINAGE AND UTILITY EASEMENT OUTLOT B—MRD CHRIST LUTHERAN ADDITION A pwmamet eaaament far Ou drafnaq• p�ayoeaa ow, untlrr end ocr a ftaeuth 15.00 hat of IM norN X0.00 {� of tlet 0. 1BID CHRIST UJIKN ADOnM MFIOht County. MYaweetq eeo dk to UN reamd a pat tharaof. Ane of P�t aaewnant - UN eq fL m 4t45 ear" ® D-wtr o. -w -d antnya • ud", Nd - ,°rTTI .s 2 r�. ,J�. J Easement �• Exhibit I- ID# 118— 05�r 000020 Cit rOI O �.t y_ 0 fg ITA Q. I '\ I I t 1t 50 0 SD t SCALE N �.•!�,ASS00.In Eosemaftt Exhibit ne For .; „ ° City of Ot"W MNtM1$pI 4003W MOCATM W- IC/eW-"/SWOMI\aHa\eae\me16-88M-W2.de