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:
Lots 11 through 19, inclusive, Block 13, Ironton First Division, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota, and that part of vacated 83rd Avenue West accruing thereto by reason of the vacation thereof; the title thereto being registered as evidenced by Certificate of Title No. 327385.0;
excepting therefrom that part of said Block 13 described as follows: Beginning at the intersection of the centerline of 83 Avenue West and the northwest right of way of Grand Avenue (50.00 feet northwest of Grand Avenue centerline); thence northwest perpendicular to Grand Avenue centerline 20.00 feet; thence southwest along a line that is parallel with and 70.00 feet distant from Grand Avenue centerline a distance of 80.00 feet; thence southeast perpendicular to Grand Avenue centerline 20.00 feet to said northwest right of way; thence northeast along said northwest right of way 80.00 feet to the point of beginning;
which lies northwesterly of the northwesterly right of way line of Trunk Highway No. 23 as now located and established and southeasterly of the following described line:
Beginning at the intersection of the easterly line of Tract A hereinbefore described and a line run parallel with and distant 35 feet northwesterly of the northwesterly right of way line of said Trunk Highway No. 23; thence southwesterly parallel with said northwesterly right of way line to the southerly line of said Lot 12; thence southwesterly to a point on the northeasterly line of said Lot 15, distant 15 feet northwesterly of said northwesterly right of way line; thence southwesterly parallel to said northwesterly right of way line to the southwesterly line of said Tract A and there terminating.
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 one thousand six hundred dollars ($1,600.00) 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 is one thousand six hundred dollars ($1,600.00). 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.