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Council signs off to record public right-of-way easement along railroad near Clark Avenue

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Summary

Council authorized the mayor to sign documents to record a public access easement along the south side of the railroad between Clark and Liddell avenues, completing paperwork from a 2017 agreement related to crossing closures.

The Dell Rapids City Council authorized the mayor to sign documents that will allow city staff to record a public right-of-way easement along the south side of the railroad between Clark Avenue and Liddell Avenue.

Sheldon and staff explained the item was a cleanup of a 2017 agreement when the city permitted LG Everist and Dakota Northern Railroad to close several rail crossings, including the Clark Avenue crossing. As a condition of that 2017 action, the city agreed to accept a public access easement adjacent to the tracks; staff said that although the city had been acting as if the easement existed, the easement was never formally filed with the county. Council approved a motion to authorize the mayor’s signature so the easement can be registered with the county.

Why it matters: Recording the easement clarifies public access and ownership lines where historic right-of-way changes and a rail siding altered the mapped layout of Second Street near the tracks. Staff said the easement grants the city public access across the area and resolves a documentation gap from the 2017 agreement.

Council action: Ron Toggin moved to approve the easement recording; Rusing seconded and the motion passed on voice vote. Staff indicated the easement document was prepared with assistance from city staff and is intended to be recorded with the county.