CITY OF GRANT,
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2000-2
A RESOLUTION OF THE CITY OF GRANT, WASHINGTON COUNTY.
MINNESOTA, LIMITING ACCESS
TO A CITY-OWNED EASEMENT.
IT IS HEREBY RESOLVED by the City of Grant, Washington County, Minnesota, as follows:
WHEREAS, by Quit Claim Deed filed January 30, 1974 (Document
Number 319898), the Town of Grant received
a permanent easement for road and public utility purposes
over the north 30 feet of the west 630 feet of the
Northwest Quarter of Section 9, Township 30, Range 21;
and the South thirty (30) feet of the Southwest Quarter of
the Southwest Quarter (SWI/4 of SW/4) of Section Four
(4), Township thirty (30), Range Twenty-one (21); and,
WHEREAS, the easement runs east from the end of Ideal Avenue just south of the Soo Line Railroad tracks; and,
WHEREAS, the easement in question has never been improved to the City's standard for a public road; and,
WHEREAS, cities have broad powers pursuant to Minnesota
Statutes Section 412.221, Subd. 6, as it relates to
opening, maintaining and regulating public streets and
roads; and,
WHEREAS, it is the City's belief that it has the right
to regulate use of this public road easement, provided it does
so in a non-discriminatory fashion; and,
WHEREAS, the City has limited financial resources available
to it and, accordingly, the City has decided to
provide little or no maintenance of any type to this
easement area. Plainly stated, the easement is there in case it is
needed in the future, but at this time, the City has
no plans to improve the easement in any way; and,
WHEREAS, some neighboring property owners have expressed
the desire to use the easement so that they can
access the rear portions of their property (which would
otherwise be practically inaccessible to them); and,
Rev. 1/5/00
WHEREAS, the City is concerned that heavy use of the easement
may cause noise, littering or destruction of the roadway;
and,
WHEREAS, it is the intent of the City to leave the easement
open, but to post entrance to the easement area stating that it is
available for use by permit holders only; and,
WHEREAS, it is the intent of the City to issue permits
to those desiring to obtain the permit to use the easement area. It is
the
further intent of the City that the easement would be
closed to those not possessing a permit as issued by the City Clerk.
NOW, THERFORE, based upon the foregoing, the City Council
of the City of Grant, Washington County, Minnesota, does
hereby resolve as follows:
I . That the City Clerk is hereby directed to issue permits
to any of those members of the public requesting one to use the
easement for ingress and egress purposes.
2. The City Staff is hereby directed to place a sign at
the entrance to the easement advising that the easement is an
unmaintained and unimproved easement area available for
ingress and egress only to permit holders.
3 . That it is the expressed intent of the City Council
that the easement shall remain open to any members of the public desiring
to use the easement for ingress and egress purposes,
provided that said members of the public have first obtained a permit
from the City Clerk.
WHEREUPON, a vote being taken upon the motion, said motion was passed by a majority of the City Council members.
WHEREUPON, said motion was declared passed on the 4th day of January, 2000.
Gary Erichson, Mayor
ATTEST:
Stephanie J. Marty, City Clerk,