HomeMy WebLinkAboutResolution No. 138-26 - Resolution- CPKC Land License Agreement
RESOLUTION
Authorizing Land License Agreement with Dakota, Minnesota & Eastern
Railway Corporation (CPKC) for the 6th Street Bridge, Roadway Safety &
Riverfront Improvements Project J7919
WHEREAS, by Resolution 187-25, the Common Council of the City of Rochester
authorized the acquisition of real property interests ("Acquisitions") needed to
construct, operate, and maintain the 6th Street Bridge, Road Safety, and Riverfront
Improvements Project, Project J7919 ("Project"); and
WHEREAS, the Acquisitions include a non-exclusive Land License Agreement
across lands owned by the Dakota, Minnesota & Eastern Railway Corporation
("CPKC"), consisting of approximately 2,412 square feet; and
WHEREAS, the City and CPKC entered into good faith negotiations for the City to
license the property for a public trail; and
WHEREAS, CPKC has agreed to grant the land license, in substantially the form
attached hereto as Exhibit 1 ("CPKC Agreement"), in exchange for an annual
license fee of $6,825, subject to a 5% annual escalator; and
WHEREAS, the Common Council finds that it is reasonably prudent and in the
interest of the general welfare that the City accept and enter into the CPKC
Agreement to acquire the license for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Rochester, MN that:
1. The agreement to pay CPKC the annual license fee of $6,825, subject to
a 5% annual escalator, in exchange for the CPKC Land License Agreement
is hereby approved.
2. The proper City officers and agents are authorized and directed to
execute and accept the CPKC Land License Agreement and to pay CPKC
the sum of $6,825 in exchange for this Agreement.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ______ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS ____ DAY OF ________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)