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06-37CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-37 RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT AND TEMPORARY EASEMENTS FOR CONSTRUCTION, DRAINAGE, UTILITY AND ROADWAY PURPOSES FOR THE RECONSTRUCTION AND IMPROVEMENT OF COUNTY STATE AID HIGHWAY 42 WHEREAS, The City of Otsego proposes to reconstruct and improve portions of County State Aid Highway 42; and WHEREAS, the project consists of constructing road, and drainage improvements; and WHEREAS, certain permanent roadway easements, drainage and utility easements, and temporary construction easements are required to reconstruct said County State Aid Highway 42 ; and WHEREAS, the location and legal descriptions of the permanent roadway, drainage and utility and temporary construction easements are 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 Minnesota Statutes Sections 465.01, 117.011 and 117.042; and WHEREAS, the City has the right to acquire said easements prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes Sections 117.011 and 117.042; and WHEREAS, the land over which said permanent roadway easements, utility and drainage easements, and temporary construction easements are located is owned by the persons set forth on the attached Exhibit A; and WHEREAS, the City pursuant to Minnesota Statutes Section 117.035 has provided to the affected property owners, written offers of purchase based on appraisals of the property interests to be acquired, said appraisals were also provided to the affected property owners. The City has engaged in a good faith attempt to negotiate personally with the affected property owners to acquire the necessary easements by direct purchase. In the event that further negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the improvements. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said permanent roadway easements, drainage and utility easements, and temporary construction easements as described on the 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 Minnesota Statutes Sections 465.01, 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 with the property owner regarding the written offers. 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 Scharber and seconded by Stockamp , this 22nd day of May 2006. W FAVOR: Mayor Larry Fournier; Councilmembers: Dan Scharber, Jessica Stockamp and Mark Thorsted OPPOSED: NONE Absent: Vern Heidner CITY OF OT t Aariy�r�er/ May ATTEST !X. ILANL�L 2 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006 - RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT AND TEMPORARY EASEMENTS FOR CONSTRUCTION, DRAINAGE, UTILITY AND ROADWAY PURPOSES FOR THE RECONSTRUCTION AND IMPROVEMENT OF COUNTY STATE AID HIGHWAY 42 EXHIBIT A Property Owner PID #118-057-001010: Bank of Elk River 630 Main Street Elk River, MN 55330 Easement Description: A permanent easement for road and utility purposes over, under and across the west 15.00 feet of Lot 1, Block 1, MRD COMMERCIAL PARK, Wright County, Minnesota, and over, under and across that part of said Lot 1 lying southwesterly of a line described as beginning at a point on the south line of said Lot 1 distant 60.00 feet easterly of the southwest comer of said Lot 1 and running to a point on the west line of said Lot 1 distant 45.00 feet north from the southwest comer of said Lot 1 and there terminating. A permanent easement for road and utility purposes over, under and across that part of Lot 1, Block 1, MRD COMMERCIAL PARK, Wright County, Minnesota, lying northerly of a line described as beginning at the angle point on the north line of said Lot 1 being 46.93 feet west of the most northeasterly comer of said Lot 1; thence westerly parallel with the most northerly line of said Lot 1 to the westerly line of said Lot 1 and said line there terminating. Together with a permanent easement for utility purposes over, under and across said Lot 1 lying 10.00 feet southerly of and adjoining the above described permanent road easement, said easement lying easterly of the existing drainage and utility easement across said Lot 1. Property Owner PID #118-500-221204: Friendship Baptist Church 3700 Coon Rapids Blvd Coon Rapids, Minnesota 55433 Easement Descriptions: A permanent easement for road and utility purposes over, under and across that part of the Northwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, described as commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 05 minutes 38 seconds East, assumed bearing along the north tine of said Northwest Quarter of the Northeast Quarter, 1010.61 feet to the actual point of beginning; thence South 00 degrees 23 minutes 29 seconds East 691.71 feet; thence North 89 degrees 05 minutes 38 seconds East 320.07 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 49 minutes 18 seconds West, along said west line, 691.68 feet to the northeast comer of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 05 minutes 38 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, 314.87 feet to the point of beginning, except that part platted as WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8, said easement lying westerly of the westerly line of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8 and easterly of a line described as beginning at the'point of intersection of the south line of the above described property with a line 5 westerly of and parallel with the west line of said WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8; thence northerly, along said parallel line, to its intersection with the southwesterly line of said WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8 and said line there terminating. Together with a permanent easement for utility purposes over, under and across the north 30.00 feet of the south 88.00 feet of the west 20.00 feet of the east 40.00 feet of the above described property. Together with a permanent easement for utility purposes over, under and across the above described property lying 10.00 feet westerly of and adjoining the above described permanent road easement and extending to the southwesterly line of said WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8. Property Owner PID #118-500-221301 Kevin Lefebvre 8585 Parrish Avenue NE Otsego, MN 55330 Easement Descriptions: A permanent easement for road and utility purposes over, under and across the east 15.00 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, lying westerly of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8, except the southerly 40.00 feet thereof. A permanent easement for road and utility purposes over, under and across that part of the Southwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, lying southeasterly of a line described as commencing at the intersection of the west line of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8 with the north line of the south 40.00 feet of said Southwest Quarter of the Northeast Quarter; thence westerly along said north line 100.00 feet to the point of beginning; thence northeasterly to a point on the west line of said WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8 distant 60.00 feet north from the point of beginning and there terminating. A permanent easement for utility purposes over, under and across the west 10.00 feet of the east 25.00 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, lying westerly of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8, except the southerly 40.00 feet thereof. A permanent easement for utility purposes over, under and across the west 15.00 feet of the east 40.00 feet of the north 30.00 feet of the south 700.00 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, lying westerly of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8. Property Owner PID #118-500-221205: Michael L. McChesney and Sandra I. McChesney 8891 Parrish Avenue NE Otsego, MN 55330 Easement Descriptions: A permanent easement for road and utility purposes over, under and across that part of the Northwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, described as commencing at the southeast comer of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 49 minutes 18 seconds West, assumed bearing along the east line of said Northwest Quarter of the Northeast Quarter, 310.41 feet to the actual point of beginning; thence South 89 degrees 16 minutes 53 seconds West 701.66 feet; thence North 00 degrees 49 minutes 18 seconds West 309.26 feet to a line parallel with and distant 691.71 feet south of the north line of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 05 minutes 38 seconds East, along said parallel line, 701.66 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 49 minutes 18 seconds East, along said east line, 311.56 feet to the point of beginning, said easement lying westerly of the westerly line of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8 and easterly of a line described as beginning at the point of intersection of the south line of the above described property with a line 15.00 feet westerly of and parallel with the west line of said WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8; thence northerly, along said parallel line, to its intersection with the north line of the above described property and said line there terminating. Together with a permanent easement for utility purposes over, under and across the above described property lying 10.00 feet westerly of and adjoining the above described permanent road and utility easement. Property Owner PID #118-096-001010: Mayimy LLC 1575185 1h Avenue NE Otsego, MN 55330 Easement Description: A permanent easement for road and utility purposes over, under and across the westerly 15.00 feet of Lot 1, Block 1, OTSEGO COMMERCIAL PARK, Wright County, Minnesota, and over, under and across that part of said Lot 1 lying northwesterly of a line described as beginning at a point on the westerly line of said Lot 1 distant. 60.00 feet southerly of the northwest corner of said Lot 1 and running to a point on the north line of said Lot 1 distant 60.00 feet easterly of the northwest corner of said Lot 1 and said line there terminating. Property Owner PID #118-077-000031: Townhomes of Stonegate Homeowner's Association P.O. Box 5233 Hopkins, MN 55343 Easement Description: A permanent easement for road and utility purposes over, under and across the easterly 10.00 feet of the northerly 400.00 feet of Outlot C, STONEGATE ESTATES, Wright County, Minnesota, and over, under and across the northerly 15.00 feet of said Outlot C, and over, under and across that part of said Outlot C lying northeasterly of a line described as beginning at a point on the easterly line of said Outlot C a distance 55.00 feet southerly of the northeast corner of said Outlot C and running to a point on the north line of said Outlot C distant 55.00 feet westerly of the northeast corner of said Outlot C and said line there terminating. Property Owner PID #118-500-221206: TML Partnership 8891 Parrish Ave. NE Otsego, MN 55330 Easement Description: A permanent easement for road and utility purposes over, under and across that part of the Northwest Quarter of the Northeast Quarter of Section 22, T. 121, R. 23, Wright County, Minnesota, described as beginning at the southeast comer of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 16 minutes 53 seconds West, assumed bearing along the south line of said Northwest Quarter of the Northeast Quarter, 701.66 feet; thence North 00 degrees 49 minutes 18 seconds West 310.41 feet; thence North 89 degrees 16 minutes 53 seconds East 701.66 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 49 minutes 18 seconds East, along said east line, 310.41 feet to the point of beginning, said easement lies 15.00 feet westerly of and adjoining the westerly line of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 8. Together with a permanent easement for utility purposes over, under and across the above described property lying 10.00 feet westerly of and adjoining the above described permanent road and utility easement.