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
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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.)
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