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 4 through 13, inclusive, Block 8, 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; the title thereto being registered as evidenced by Certificate of Title No. 327385.0; 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 northwest corner of said Lot 13; thence northeasterly along the northwesterly line of said Block 8 to the northwesterly corner of said Lot 8; thence easterly along the northerly line thereof to an intersection with a line run parallel with and distant 100 feet northwesterly of said northwesterly right of way line; thence northeasterly along said 100 foot parallel line to an intersection with the easterly line of said Lot 4 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 six hundred dollars ($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 six hundred dollars ($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.