1984.03.05 RESO 1984-0002 - Laserfiche WebLink

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c-� RESOLUTION NO. 1984- 2 A RESOLUTION CONCERNING SETTLEMENT OF A DISPUTE BETWEEN NOS STATES POWER COMPANY AND THE CITY OF HUGO. 1. WHEREAS, Northern States Power Canpany has constructed electrical transmission structures as a part of its transmission system on and over land in The City of Hugo (HOOD) in the Vicinity of the north -south line be- tween Sections One (1) and Two (2), Township 31, Range 21, in Washington County, Minnesota; and 2. MMT -.AS, a portion of said transmission system was constructed within the boundaries of a portion of a road right-of-way established June 10, 1899, being four (4) rods wide, and the centerline being described as follows, to -wit: Beginning at the quarter post at the NW Corner of the South West Quarter of Section 12, Township 31, Range 21W, and running North on the Section line between Sections 11 and 12, and 1 .and 2 as near as practibable one and one-half (1k) miles more or less to the N.W. corner of Section One (1) and intersecting with the Town Line Road between the towns of Oneka and Forest Lake, and there terminating. 3. WHEREAS, Hugo has consistently contended that said road right- of-way had been opened and improved and maintained by Oneka Township, and util- ized by the public as a public roadway for a long period thereafter; and 4. WHEREAS, all rights and interests in property of Oneka Township be- came vested in HUGO at the time of consolidation of Oneka Township and the Village of Hugo; and 5. WHEREAS, the public roadway had not been used or maintained for some time prior to construction by NSP, and was believed in good faith by NSP to have ceased to exist as a public roadway right-of-way; and 6. WHEREAS, HUGO contends that neither HUGO nor its predecessor Oneka Township, had ever abandoned, vacated, or otherwise conveyed said right-of- way, and has asserted that all structures blocking cr inpeding the use of said right-of-way as a roadway should be removed; and 7. WHEREAS, the parties hereto desire to resolve the dispute concerning said right-of-way and establish a basis for NSP to utilize permanently a portion of said right -of --way as a part of its electrical transmission system; and 8. Wim, NSP and HUGO have achieved a mutually acceptable settlement agreement, NOW, THEREFORE, BE IT RESOLVED that the City of Hugo enter into the settlement agreement with Northern States Power Company attached hereto; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and are authorized and directed to execute the settlement agreement on behalf of the City of Hugo.