HomeMy WebLinkAboutResolution No. 136-26 - Resolution - CPKC Public Roadway Easement Agreement
RESOLUTION
Authorizing Public Roadway Easement with Dakota, Minnesota & Eastern
Railway Corporation 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 Public Roadway
Easement across lands owned by the Dakota, Minnesota & Eastern Railway
Corporation, consisting of approximately 2,198 square feet (0.0504 acres);
AND WHEREAS, the City and the Dakota, Minnesota & Eastern Railway
Corporation entered into good faith negotiations for the City to acquire an
easement for a public roadway and public utilities;
AND WHEREAS, the Dakota, Minnesota & Eastern Railway Corporation has
agreed to grant the Public Roadway Easement, in substantially the form attached
hereto as Exhibit 1 ("Easement Agreement"), in exchange for a one-time payment
of $38,500.00;
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 Easement
Agreement to acquire the easement for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City
of Rochester, MN that:
1. The agreement to pay the Dakota, Minnesota & Eastern Railway
Corporation a one-time payment of $38,500.00 in exchange for the
Easement Agreement is hereby approved.
2. The Mayor is authorized to execute and accept this Easement Agreement
and to pay CPKC the required fees upon its final review and return by CPKC
with the same terms and conditions therein or with only minor non-substantial
changes made by CPKC therein for the 6th Street Bridge, Road Safety, and
Riverfront Improvements Project.
.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ______ DAY OF JULY 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)