RESOLUTION 08-77

Introduced by Councilor Brooks

A RESOLUTION AUTHORIZING AN EASEMENT AGREEMENT
            FOR CLAY MONTGOMERY

            WHEREAS, in order to facilitate the future roadway system running north and south from the trails truck entrance down to SE Marshall and East and West from the back of Trails to CSAH 38; and

            WHEREAS, Clay Montgomery, 5152 Ibarra Avenue North, St. Michael, Minnesota agrees that the City can acquire a 66’ easement to build a roadway and associate utilities at any time in the future; and

            WHEREAS, in consideration for the granting said easement the City agrees to defer assessments for City Job 0715 without interest until any portion of the property (Parcel #343940030) is developed, sold or 20 years from the date of this agreement, whichever occurs first; and

            WHEREAS, the City agrees that the assessment for construction of a roadway or utilities on this described permanent easement will be deferred without interest until any portion of the property (Parcel #343930030) is developed, sold, or 20 years from the date of this agreement; now, therefore

THE CITY OF ALBERT LEA RESOLVES:

            Sec. 1.       That the Mayor and City Manager are hereby authorized to enter into an Easement Agreement with Clay Montgomery.

            Sec. 2.       That reading of this resolution is waived by council consent.

            Sec. 3.       That publication of this resolution shall be dispensed with under provisions of Section 3.08 of the Charter of the City of Albert Lea.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor Rasmussen, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Absent:  Councilor Marin.

And the following voted against the same:  None.

Introduced, read and passed March 24, 2008

_____/s/_______________________________
Mayor Randall Erdman

Filed and attested March 24, 2008

____/s/_______________________________
         Secretary of the Council