00-0733R

RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT STREET EASEMENT FROM I.Q. DEVELOPMENT LIMITED LIABILITY COMPANY, D/B/A HARDEE'S FAMILY RESTAURANT, THROUGH PROPERTY LOCATED ON THE HARDEE'S RESTAURANT SITE NEAR JOSHUA AVENUE.

BY COUNCILOR STOVER:

RESOLVED, that the city of Duluth hereby accepts a roadway easement hereinafter described from I.Q. Development Limited Liability Company at no cost to the city; said easement necessary for the reconstruction of Joshua Avenue as a part of state Project 6915-104:

An easement for roadway purposes in, under, over, upon, across and along the following described tract or parcel of land lying and being in the county of St. Louis, state of Minnesota, described as follows, to-wit:
Handy Garden Tracts and the Southeast Quarter of the Northeast Quarter of the Northeast Quarter, Section 19, Township 50 North, Range 14 West, of the Fourth Principal Meridian;
said easement being more particularly described as follows, to-wit:
Beginning at the northeast corner of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of north 90 degrees 00 minutes 00 seconds west along the north line of said Northeast Quarter a distance of 33.00 feet; thence south 00 degrees 00 minutes 00 seconds east 247.95 feet; thence south 30 degrees 50 minutes 00 seconds west 62.16 feet to the point of beginning; thence continuing south 30 degrees 50 minutes 00 seconds west 14.65 feet; thence north 59 degrees 10 minutes 00 seconds west 24.55 feet; thence north 90 degrees 00 minutes 00 seconds east 28.59 feet to the point of beginning and there terminating.
RESOLVED FURTHER, that the city of Duluth hereby accepts temporary construction easements from I.Q. Development Limited Liability Company as shown on Exhibit A (Public Document No. ______________) necessary for the reconstruction of Joshua Avenue.

STATEMENT OF PURPOSE:  Mn/DOT, in its project to reconstruct the intersection of Central Entrance and Trinity Road, has agreed to reconstruct Joshua Avenue at that intersection for the city to alleviate congestion at the intersection. This resolution accepts a tiny triangular street easement from Hardee's necessary to reconstruct Joshua Avenue at the frontage road. The easement is 24.5 feet by 16.65 feet by 28.59 feet (179.84 square feet) and is being donated by Hardee's. The improvements should improve traffic flow around this restaurant. This resolution also accepts two temporary construction easements needed to complete the project.