02-23CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2002- 2 3
RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT
EASEMENTS FOR DRAINAGE, UTILITY AND ROADWAY PURPOSES FOR
THE 85' STREET EXTENSION PROJECT
WHEREAS, The City of Otsego proposes to construct and extend 85`h Street approximately
1080 feet east of its intersection with County State Aid Highway 42; and
WHEREAS, the improvement consists of constructing and extending 85th Street
approximately 1080 feet east of its intersection with County State Aid Highway 42 and the
installation of sanitary sewer, water and drainage improvements; and
WHEREAS, a permanent drainage, utility and roadway easement over certain lands are
required to provide for said construction; and
WHEREAS, the location and legal description of the permanent drainage, utility and
roadway easement is set forth on the 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 the attached Exhibit B; and
WHEREAS, the City has made a written offer to the affected property owner on June 5h,
2002 and the property owner has not yet responded. 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.
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 complete negotiations
with the property owner regarding the written offer. In the event that said 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.
Motion to adopt this resolution made by S t r u th a rand seconded by Fournier , this
10 thday of June 2002.
IN FAVOR: Mayor Fournier, CM Struthers, CM Heidner, CM Wendel
and CM Ackerman.
OPPOSED: NONE
ATTEST
CITY OF OTSEGO
2
OAF
May 30, 2002
Prapmd BasommA Description —
95Tn Street NE Otsego
A permanent eaaament for drainage, ud tY and sway pxPom ora, =War. and scam
west 1080.00 Sect of d w south 40.00 foot of the &nabs" Quarter of the NottbeaA
Quarter of Section 22, Townft 121, Rhe 23. Wright County, Minnesft and easterly
of the easterly right of way of Pmfldt Avenue N.E.
NTH 8T. EXT. l -:I I
TO BE GON$73i1JCTED 86TH AVE. EXT,
FOR TO DAY PROJECT FUTURE EXMSION -�-�
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or
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