DISCLAIMER

 

08-0102R


RESOLUTION AUTHORIZING EASEMENT, CONSTRUCTION AND ASSESSMENT AGREEMENT WITH THE SIMON PROPERTY GROUP ACCEPTING EASEMENTS AND WAIVING ASSESSMENTS PERTAINING TO ROAD CONSTRUCTION ON MILLER HILL.

CITY PROPOSAL:

     RESOLVED, that the proper city officials are hereby authorized to enter into an agreement, a copy of which is on file in the office of the city clerk as Public Document No. ________________ with Simon Property Group, L.P., accepting easements and waiving assessment pertaining to Miller Trunk Highway, access roads and signalization.


PW&U/ATTY REA:nmj 1/28/2008


STATEMENT OF PURPOSE:  The purpose of this resolution is to approve an agreement with Simon Property Group, L.P., the owner of the Miller Hill Mall, pursuant to which Simon will grant to the city, without cost, certain easements for frontage roads and access roads adjacent to the mall in exchange for the city agreeing not to assess Simon for certain signalization improvements adjacent to their property which could otherwise be assessed against their property.


Under the agreement between the city and Mn/DOT, the city is responsible for providing and paying any costs associated with the acquisition of the needed easements. Simon is willing to exchange the easements for waiver of the city’s right to assess their property for signal improvements that are part of the overall redesign of Miller Trunk Highway corridor. The city engineer had determined that the cost to acquire the necessary easements would equal or exceed the assessable portion of the signalization improvements.