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Res 2020- 55 Permanent Easement MnDOTCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-55 RESOLUTION APPROVING A PERMANENT EASEMENT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Mendota Heights has interest in properties described as: PID Number 27-03700-03-020 Government Lot 7, Section 23, Township 28 North, Range 23 West known as Lot 3 Auditor's Subdivision No. 2, shown as Parcel 433 on Minnesota Department of Transportation Right of Way Plat Numbered 19-180.; and WHEREAS, the Minnesota Department of Transportation (MuDOT) will need to utilize said real property to construct, maintain, and operate the drainage system from Interstate 35E (I - 35E); and WHEREAS, a purchase package was drafted by MaDOT including an appraisal and a certified appraisal in the amount of $3800.00 for the permanent easements; and WHEREAS, the Mendota Heights City Council accepted said certified appraisal amount, and directs that the proceeds be deposited in the General Fund, and be used for future park improvements. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes permanent easements to the State of Minnesota. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the Mayor to sign the Offer to execute the easement documents. Adopted by the City Council of the City of Mendota Heights this first day of September, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Neil Garlock, Mayor Lorri Smithyity Clerk DRAINAGE EASEMENT Date:�64Z0 C.S. 1982 (35E=390) 901 Parcel 433 County of Dakota For and in consideration of he sum f w�� y_ %72t2t.�5<<�'!�� /kY� Dollars ($38019, D ) City of Mendota Heights, a municipal corporation under the laws of the state of Minnesota, Grantors, (whether one or more), hereby convey and warrant to the State of Minnesota, Grantee, a drainage easement in perpetuity for the construction and maintenance of a drainage system, together with the unrestricted right to improve the same, free and clear of all encumbrances, on the following described premises in Dakota County, Minnesota: All of the following: An easement in perpetuity for drainage purposes on that part of Government Lot 7, Section 23, Township 28 North, Range 23 West known as Lot 3 Auditor's Subdivision No. 2, shown as Parcel 433 on Minnesota Department of Transportation Right of Way Plat Numbered 19-180 as the same is on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, and designated as a drainage easement. Grantors are the owners of the above described premises and have the lawful right and authority to convey and grant the easements herein granted. Grantee shall have the right of ingress to and egress from the hereinbefore described property for the purpose of maintaining and repairing said drainage system. The said Grantors do hereby release the State of Minnesota from any claims for damages to the fair market value of the above -described area covered by the drainage easement and temporary easement and for their use, or any claims for damages to the fair market value of the remaining property of Grantors caused by the use of the drainage easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the.foregoing, Grantors do not release any claims Grantors may have as a Page 1 of 2 result of the negligence of the Grantee, its agents or contractors, in conducting any of the above activities. , 1� CITY�O,,F ME�N,DOTA HEIGHTS�/^� BY ir �• l�/ Its fYla-ybr And Its STATE OF MINNESOTA ) )SS. COUNTY OF DAKOTA ) -I- The foregoing instrument was acknowledged before me this day of S,e A° ems.,, �, .� Caoaa, by Re., I .Z�a Ivy and L� Cin.,% , the and of City of Meribota Heights, a municipal corporation under the thws of the state of Minnesota, on behalf of the municipal corporation. =a NANCYI BAUER NOT RY PUBLIC Notary PubNo-Minnesota W CO"O"M EWIM den 31, M25 My commission expires: This instrument was drafted by the State of Minnesota,. Department of Transportation, Metro Right of Way, 1500 W. County Road 132 Roseville, MN 55113 Page 2 of 2 3435722 Receipt:# 738438 EASE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 84604 IIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/2/2021 2:00 PM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-55 RESOLUTION APPROVING A PERMANENT EASEMENT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Mendota Heights has interest in properties described as: PID Number 27-03700-03-020 Government Lot 7, Section 23, Township 28 North, Range 23 West known as Lot 3 Auditor's Subdivision No. 2, shoran as Parcel 433 on Minnesota Departrnent of Translortation Right of Way Plat Numbered 19-180.; and WHEREAS, the Minnesota Department of Transportation (Mi-DOT) will need to utilize said real property to construct, maintain, and operate the drainage system from Interstate 35E (I- 35E); and WHEREAS, a purchase package was drafted by MnDOT including an appraisal and a certified appraisal in the amount of $3900.00 for the permanent easements; and WHEREAS, the Mendota Heights City Council accepted said certified appraisal amount, and directs that the proceeds be deposited in the General Fund, and be used for future park improvements. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes permanent easements to the State of Minnesota. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the Mayor to sign the Offer to execute the casement documents. Adopted by the City Council of the City of Mendota Heights this first day of September, 2020. ATTEST h Lorri Smit , ity Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 27" day of January, 2021. Lorri Smith, City Clerk (SEAL) 3435721 Receipt:# 738438 EASE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/2/2021 2:00-PM By: CGK, Deputy DRAINAGE EASEMENT Date: -0 i Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder C.S. 1982 (35E=390) 901 Parcel 433 County of Dakota For and in consideration of he sum 0�_ %12.s�d� Dollars ate. City of Mendota Heights, a municipal corporation under the laws of the state of Minnesota, Grantors, (whether one or more), hereby convey and warrant to the State of Minnesota, Grantee, a drainage easement in perpetuity for the construction and maintenance of a drainage system, together with the unrestricted right to improve the same, free and clear of all encumbrances, on the following described premises in Dakota County, Minnesota: All of the following: An easement in perpetuity for drainage purposes on that part of Government Lot 7, Section 23, Township 28 North, Range 23 West known as Lot 3 Auditor's Subdivision No. 2, shown as Parcel 433 on Minnesota Department of Transportation Right of Way Plat Numbered 19-180 as the same is on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, and designated as a drainage easement. Grantors are the owners of the above described premises and have the lawful right and authority to convey and grant the easements herein granted. Grantee shall have the right of ingress to and egress from the hereinbefore described property for the purpose of maintaining and repairing said drainage system. ,-.,,The said Grantors do hereby release the State of Minnesota from any claims for damages to the fair market value of the above -described area covered by the drainage easement and temporary easement and for their use, or any claims for damages to the fair market value of the remaining property of Grantors caused by the use of the drainage easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the.foregoing, Grantors do not release any claims Grantors may have as a Page 1 of 2 result of the negligence of the Grantee, its agents or contractors, in conducting any of the above activities. CITY OF MENDOTA HEIGHTS By A �� Its CO a-h 8 +r And 14A Its STATE OF MINNESOTA ) )SS. COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this i{ day of e-v � q - :ace � , by Re— , - f and am L,.+ the and of City of Men ota Heights, a municipal corporation under thews of the state of Minnesota, on behalf of the municipal corporation. NMCY J.BAUEFRINOT RY P BLIC My commission expires. - This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, 1500 W. County Road B2 Roseville, MN 55113 Page 2 of 2