Title
RESOLUTION AUTHORIZING A FIRST AMENDMENT TO EASEMENT AGREEMENT AND ACCEPTING A PERMANENT EASEMENT FOR ROADWAY AND UTILITY PURPOSES FROM LAUREL ANN SANDERS AND JOHN DONAHUE OVER, UNDER AND ACROSS CERTAIN REAL PROPERTY IN THE FOND DU LAC NEIGHBORHOOD, AT NO COST TO THE CITY.
Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into a first amendment to easement agreement, substantially in the form attached as Exhibit 1, and accept an easement from Laurel Ann Sanders, also known as Laurel A. Sanders, formerly Laurel Howes, and John Donahue, also known as John R. Donahue, a married couple, for roadway and utility purposes over, under, and across the real property legally described and depicted on Exhibit A to Exhibit 1, at no cost to the City.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes a first amendment to easement agreement and accepts an easement from Laurel Ann Sanders and John Donahue (“Grantors”) for roadway and utility purposes over, under, and across certain property in the Fond du Lac neighborhood, at no cost to the city. The easement area accepted under this resolution is depicted on Exhibit A to the attached Exhibit 1.
The Grantors granted an easement for roadway and utility purposes over a portion of its property to the city in 2004. The city had been working with the Grantors on the potential acquisition of their property, including the easement area. During this process, it was discovered that the city’s existing easement for Cass St. was inadequate and did not sufficiently include all of the existing road and utilities. Although the city is not moving forward with the acquisition of Grantors’ property, Grantors are willing to enter into this first amendment to easement agreement to grant the city the proper rights to operate and maintain the infrastructure, as well as ensure the continued public use of the street.
The city’s acquisition of Grantors’ property was to be funded through a grant from the State of Minnesota, Department of Public Safety, Homeland Security and Emergency Management (the “Grant”). The Grant funded 75 percent of the acquisition and demolition costs and the remaining 25 percent of costs were to be matched by the city and Grantors, largely through a reduction to the sales price. Grantors have now found a buyer to purchase the property without a reduction in the sales price, so the city will not acquire Grantors’ property. However, the parties desire to clean up the existing easement to allow for the continuation of public services.
A map showing the existing easement area and the new easement area captured under this first amendment is attached as Exhibit 2.