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2910865

STATE OF MINNESOTA
COUNTY OF CLAY
DISTRICT COURT
SEVENTH JUDICIAL DISTRICT OTHER - CIVIL DIVISION
IN RE:
IMPROVEMENT OF CLAY COUNTY
STATE AID HIGHWAY 10
PETITION
County Attorney File Number 21CN00001
The Petitioner, Brian J. Melton, Clay County Attorney, representing Clay County, in support of his request outlined herein, hereby states and alleges as follows:
I.
That Petitioner, Clay County, hereinafter the “County,” is a political subdivision of the State of Minnesota;
II.
That the Clay County Highway Department has completed design work for the alteration of Clay County US Highway 10, specifically the improvement of turning lanes and other incidental improvements to the highway. The affected portion of US Highway 10 being improved is identified as the Northeast Quarter of Section 11, said line also being the south line of the right of way of US Highway 10, Glyndon, Minnesota, Clay County, Minnesota;
III.
That the plans, design, and specifications for this project are available for inspection by the public at the Clay County Highway Department;
IV.
That this improvement project is for a public purpose;
V.
That in order to complete this project it is necessary for Clay County to acquire additional right-of-way that is unowned property that goes through US Highway 10;
VI.
That there is no recorded title owner of a parcel of adjoining property located along that portion of US Highway 10 to be improved and the above-referenced project passes over the adjoining property which is unowned;
VII.
That the unowned piece of property is more fully described in Exhibit A;
VIII.
That the Clay County Board of Commissioners adopted the procedure laid out in Minnesota Statute 163.12 in order to alter US Highway 10 to include additional right-of-way that is necessary and to acquire additional right-of-way which will be required by the above-described project;
IX.
That the Clay County Board of Commissioners adopted Resolution 2021-47 at its meeting on October 26, 2021, which resolution complies with the requirements of M.S.A. 163.11, subd. 2. Resolution 2021-47 is attached hereto as Exhibit B, and is hereby fully incorporated by reference, including exhibits thereto.
WHEREFORE, PETITIONER RESPECTFULLY REQUESTS THAT THE COURT:
1. Find that the acquisition of the right-of-way described in the exhibits to Clay County Resolution 2021-47 is necessary.
2. Find that the acquisition of the right-of-way described in the exhibits to Clay County Resolution 2021-47 is authorized by law.
3. Order that the Clay County Board of Commissioners may proceed with the acquisition of the right-of-way described in the exhibits to Clay County Resolution 2021-47 pursuant to Minn. Stat. 163.12, Subdivision 2 through 10.
Dated: 11/01/21
/s/ Brian J. Melton
Brian J. Melton
Clay County Attorney
Clay County Courthouse
807 N. 11 Street
Moorhead, MN 56560
(218) 299-5035
Attorney Reg. No.: 0278002
CONDEMNATION PARCEL
DESCRIPTION
That part of the Northwest Quarter of Section 11, Township 139 North, Range 47 West of the 5th Principal Meridian, Clay County, Minnesota:
Lying 33 feet south of the north line of said Northwest Quarter of Section 11, said line also being the south line of the right of way of US Highway 10 per Right of Way Map 10-90; and lying north of the north line of Block 3, ORIGINAL PLAN OF GLYNDON, of record and on file in the Office of County Recorder, Clay County, Minnesota; and lying west of the northerly extension of the east line of said Block 3; and lying east of the northerly extension of the west line of said Block 3.
Contains 2,455 square feet, more or less.
CLAY COUNTY
BOARD OF COMMISSIONERS
RESOLUTION 2021-47
WHEREAS, the Clay County Highway Department has completed the design work for the alterations and improvement to the US Highway 10, specifically the improvement of turn lane and incidental road improvements. The affected portion of US Highway 10 being improves is the Northwest Quarter of Section 11, said line also being the south line of the right of way of US Highway 10, Glyndon, Minnesota, Clay County, Minnesota;
WHEREAS, in order to complete this project it is necessary for Clay County to acquire additional right-of-way from unowned land within the project area;
WHEREAS, the Clay County Board of Commissioners wishes to adopt that procedure laid out in Minnesota Statute 163.12 in order to alter US Highway 10 to include the addtional right-of-way that is necessary and to acquire the additional right-of-way, which will be required by the above-described project;
WHEREAS, there are no known recorded title owners of teh parcel of adjoining property located along that portion of US Highway 10 to be improved;
WHEREAS, a permanent easement over that portion of unowned and unrecorded property is legally described on teh attached Exhibit A, and that permanent easement is necessary for the completion of the above described project;
NOW THEREFORE, BE IT RESOLVED, that US Highway 10 shall be altered and improved to include the additional right-of-way as indicated in the design plans on file at the Clay County Highway Department. This improvement is necessary and servers a public purpose. The Clay County Board of Commissioners shall move forward to acquire the additional right-of-way necessary for the project described above as outlined in MInnesota Statute 163.12, subdivision one (1) through ten (10), upon receiving the required approval from the Clay County District Court.
ADOPTED this 26th day of October, 2021.
CLAY COUNTY
BOARD OF COMMISSIONERS
By: /s/ Kevin Campbell
Kevin Campbell, Chair
Attest /s/ Steve Larson
Steve Larson, County Administrator
CONDEMNATION PARCEL
DESCRIPTION
That part of the Northwest Quarter of Section 11, Township 139 North, Range 47 West of the 5th Principal Meridian, Clay County, Minnesota:
Lying 33 feet south of the north line of said Northwest Quarter of Section 11, said line also being the south line of the right of way of US Highway 10 per Right of Way Map 10-90; and lying north of the north line of Block 3, ORIGINAL PLAN OF GLYNDON, of record and on file in the Office of County Recorder, Clay County, Minnesota; and lying west of the northerly extension of the east line of said Block 3; and lying east of the northerly extension of the west line of said Block 3.
Contains 2,455 square feet, more or less.
(Nov. 17, 24 & Dec. 1, 2021)