HomeMy WebLinkAboutResolution 40-19RESOLU~i 01~
WHEREAS, The City Council of the City of ~inneapo!is adopted the
~ ,following Resolution on the 9th day of August 1940, to-wit:
"Reso!ution ~-~ //
(By Alderman /-~F~7 T'~'- )
Granting to the City of Columbia Heights a right-of-way for
stdew~k purposes over certain real estate owned by the City of
Minneapolis in the City of Columbia Heights.
%Vherea~ it is the desire of ~he City of Columbia Heights to
build a sidewalk upon and along certain real estate ~wned by the
City of ~inneapolis, hereinafter described; and
Whereas said City of Columbia Heights is willing to build
and maintain such sidewalk without expense to the City of Minn-
eapolis; and
Whereas it is to the benefit of the City of ~linneapolts and
the property hereinafter described that such sidewalk be built:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIR.~CIL OF THE
CITY OF ~INNEAPOLIS:
That the City of ~inneapolis hereby grants to the 0tty of
Columbia Heights a right-of-way ever a strip of land six feet in
width, which lies 2½ feet easterly from the westerly property line
of Reservior~ Boulevard and extends from Central Avenue to a point
18~0 feet more or less south of the north line of Section ~8, and
a strip of land six feet in width, which lies 2~ feet westerly from
the easterly property line of Reseryoir Boulevard and extends from
Central Avenue to 45th Avenue Northeast, said Reservoir Boulevard being
further described as a strip of land 100 feet wide running diagonally
through Section S8, Township ~ ~N., Pu~uge 24 W., and extending from the
intersectibn of the center line of Central Avenue ~nd STth Avenue North-
east to the North line of the N~E~,oftSection ~8, which said Reservoir
Boulevard was deeded to the City of Minneapolis for highwey purposes by
Thomas Lowry ~ud wife on November S0, 1594, which said deed iA 'recorded
in the offic~ of tbs Register of Deeds of Anoka County, in Book 15 of
Deeds, page 8'S@ - for the purposes of const~cting and maintaining there-
on a sidewalk for the use of the public, upon the following terms and
conditions~
(~) That the City of Columbia Heights shall build.and maintain such
sidewalk at its own expense and shall save the City of ~inneapolis harm-
less from any and all claims for damages of every kind and character
arising from the construction, maintenance and use of said sidewalk;
(2) That if at any time said sidewalk, in the opinion of the City of
Ninneapolis, falls into disrepair or for any reason becomes unsafe for
public travel, said City of Minneapolis shall notify the City of 0olumbiz
Heights, in writing, specifying the portion of the sidewalk needing repair
and the nature of the repairs necessary; %hat if said City of Col~mbia
~eights does not, within ~irty (~0) days thereafter, repair the same, then
the City of .Minneapolis Shall have the right to do so and collect the costs
thereof from the City of 0olumbta Heights; that the failure of the City ~
Minneapolis to give this notice shall bot affect the liability of the City
of Columbia ~eights, as the s~me is set forth in paragraph (1) herein;
($) That if the City ~of Columbia Heights d~cide-s to abandon said sidewalk,
or any portion thereof, ~it' may notify the City of Minneapolis of itm intention
so to do by written notice, thst upon the receipt of said notice, the City of
Minneapolis shell have the'right to tear up said sidewalk, or the portion thereof
described in said notice, and restore the property to the condition in which it
was before the said sidewalk was laid, at the eXPense of the City of Columbia
Heights, and thereafter thins grant, insofar as t~ covers the portion of the side-
walk ~S'~hed, as herein set forth, shall cease and terminates
(4)That the C~ty of Columbia Heights shall by proper resolution, a copy of
which shall be sent to the City Olerk of the Oity of Minneapolis, accept ~his
grant within ten (lC) da~s after receipt of a copy of this resolution.
BE IT FURTHER RESOLVED that after the acceptance of this resolution and
the terms t~.ereof by the City of Columbia Heights, the proper o££1cers of the
City of Minneapolis be a~d they hereby are authorized to enter into an agree-
ment with the City of Oolumbta Heights embodying the terms ami conditions of this
resolution."; ~ud,
w~HEREAS, A c~py of said Resolution has been transmitted to the City of
Columbia Heights; and,~
WHEREAS, ~e City of Columbia Heights is willing to accept the grant of
the easement offered by said Rssolution; provided however, that the City of Col-
umbia Heights, by accepting said easement, does not intend to, and does not ob-
ligate itself to construct sidewalks over the ~nttre extent o~ the said easement
within any speficied time, but reserved unto itself the right~i~J~L~'determi~e the
extent to which sidewalks shall be laid along the Reservoir: B~tevard, under the
terms of the easement granted by said ~esolution; ,and provided further that the
City of Columbia Heights by accepting said easement assumes no liability to the
~raveling public, or pedestrains, walking on or over the tracts of land described
in said R~solution as granted to the City of Columbia Heights for siAewalk pur-
poses until the City ~of Oolumbiz Heights shall have ls. id sidewalks thereon.
NOT THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA
EEIGH~S:
1. That the City of Color, biz Heights hereby accepts the grant described
in the "Resolution" set forth above, subject to the reservations hereinbefore
set forth, pttrs~t to the terms end conditions therein contained.
2. That the Nayor ef Columbia Heights end the City ~anager of Columbia
Heights be, aud they hereby are authorized to enter into a written agreement
with the proper officials of the City of Minneapolis embodying the terms and
conditions of Said Resolution hereinbefore set forth, and pursuant tothe res-
e
ervations herein contained.
P~%SSED AUGUST l~th, 1940.
Offered B~:
Seconded .By: ~
Secretly to the City Co~cil