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File #: 25-0400R    Name:
Type: Resolution Status: Passed
File created: 5/2/2025 In control: Public Works and Utilities
On agenda: 5/12/2025 Final action: 5/12/2025
Enactment date: Enactment #:
Title: RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE REGENTS OF THE UNIVERSITY OF MINNESOTA OVER, UNDER, AND ACROSS CERTAIN REAL PROPERTY IN THE CHESTER PARK-UMD NEIGHBORHOOD, AT NO COST TO THE CITY.
Attachments: 1. Exhibit 1, 2. Cover Memo

Title

RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE REGENTS OF THE UNIVERSITY OF MINNESOTA OVER, UNDER, AND ACROSS CERTAIN REAL PROPERTY IN THE CHESTER PARK-UMD NEIGHBORHOOD, AT NO COST TO THE CITY.

 

Body

CITY PROPOSAL:

RESOLVED, that the proper city officials are hereby authorized to accept, substantially in the form attached as Exhibit 1, from the Regents of the University of Minnesota, a perpetual easement for street and utility purposes over, under, and across the real property legally described and depicted on Exhibits A, B and C attached to Exhibit 1, at no cost to the City.

 

Statement of Purpose

STATEMENT OF PURPOSE: This resolution authorizes the acceptance of a permanent easement for street and utility purposes from the Regents of the University of Minnesota (the “University”) over, under, and across certain property in the Chester Park-UMD neighborhood, at no cost to the city.  The easement areas accepted under this resolution are depicted on Exhibits A, B, and C to the attached Exhibit 1.

 

Later this year, the city will be reconstructing Junction Avenue between College Street and Buffalo Street, Buffalo Street between College Street and St. Marie Street, and St. Marie Street between Buffalo Street and Carver Avenue (the “Project”). The reconstructed streets will be a bituminous road with curb and gutter. Sidewalks will be replaced throughout the Project and wider sidewalks will be added in certain areas mutually agreed upon by the city and the University.

 

The city’s real estate records were reviewed during the design phase of the Project, and it was discovered that there were several areas within the University’s property that contained a road and/or utilities that did not have a valid easement (there are various stretches within the Project where the city does have an easement).  The city and University have worked together since the 1950’s to clean up the missing easements, but no agreements have ever been finalized or signed.  This easement creates the proper rights for St. Marie St. and Junction Ave. in their entireties between Carver Avenue and College St, as well as a small stretch of Carver Ave. lying below St. Marie St.

 

The acceptance of this easement allows: (i) the city to complete the Project, (ii) the city to accept local road improvement grant funds from the State of Minnesota for the construction of the Project, and (iii) for public use of the reconstructed street.