Title
RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to execute a five (5) year temporary easement, substantially in the form attached as Exhibit 1, to the state of Minnesota for highway purposes and for construction thereof over the following described real property:
That part of Government Lot 1 of Section 23, Township 49 North, Range 15 West, St. Louis County, Minnesota, described as follows: Beginning at the intersection of the northwesterly right of way line of Trunk Highway No. 23 as now located and established and the west line of said Government Lot 1; thence northeasterly along said northwesterly right of way line for 257.6 feet; thence deflect to the left at a right angle to an intersection with the north line of said Government Lot 1; thence westerly along said north line to an intersection with a line run parallel with and distant 100 feet northwesterly of said northwesterly right of way line; thence southwesterly parallel with said northwesterly right of way line to the west line of said Government Lot 1; thence southerly along said west line to the point of beginning.
Said easement shall cease on December 1, 2021, or on an earlier date that the Commissioner of Transportation determines by formal order that the real property is no longer needed for highway purposes. The real property affected by the temporary easement is depicted on Exhibit 2.
FURTHER RESOLVED, that the state of Minnesota shall pay the sum of five hundred dollars ($500.00) to the city for the loss of value to the real property in connection with the temporary easement; said sum to be deposited into Fund No. 110-700-1420-4680 (general fund, transfers and other functions, capital program, damage or losses recovered).
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the execution of a five (5) year temporary easement to the state of Minnesota for highway purposes and for construction thereof over city-owned real property. The state of Minnesota, through its department of transportation (“MnDOT”), has been working on an improvement project to Truck Highway 23, more commonly known as Grand Avenue. The improvements include pedestrian crossings, change in intersections and stop lights, sidewalks, and cross walks with the goal of making Grand Avenue more pedestrian friendly and ADA compliant.
MnDOT is required by state law to pay for the loss of value to the city’s real property in connection with the granting of the temporary easement. MnDOT’s certified report calculates that the monetary damage to the real property five hundred dollars ($500.00). A letter summarizing the monetary calculation is attached as Exhibit 3.
At the completion of the state’s use of city-owned real property and prior to the expiration of the temporary easement, MnDOT will restore the above-described real property to substantially the same condition as it existed prior to the granting of the temporary easement.