Title
RESOLUTION AUTHORIZING AGREEMENT ACCEPTING TEMPORARY AND PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES NEAR KENWOOD AVE. AND ARROWHEAD ROAD FROM KENWOOD VILLAGE LLC.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into the attached agreement (Exhibit 1) with Kenwood Village LLC accepting the dedication of permanent easements for street and utility purposes from Kenwood Village LLC, a Minnesota limited liability company, Grantor, over those portions of Lots 1 through 10, Block 1, MYERS AND WHIPPLE’S ADDITION TO DULUTH, described below:
The easterly ten feet of Lots 1 through 10, Block 1, MYERS AND WHIPPLE’S ADDITION TO DULUTH as depicted on attached Exhibit A; and
All those parts of Lot One (1) thru Lot Three (3), Block One (1), MYERS AND WHIPPLE'S ADDITION TO DULUTH, City of Duluth, St. Louis County, Minnesota lying northeasterly of Line "A" hereinafter described, southerly of Line "B" hereinafter described and being the same line described in Roadway Easement Document Number 610876 as recorded in the Office of Registrar of Titles, St. Louis County, Minnesota, and westerly of the easterly 10 feet of said Lots 1 thru 3, Block 1, MYERS AND WHIPPLE'S ADDITION TO DULUTH, as depicted on attached Exhibit B.
LINE "A"
Commencing at the northeast corner of said Lot 1, thence westerly along the north line of said Lot 1, a distance of 68.50 feet to the Point of Beginning of the line to be described; thence southeasterly to a point on the east line of said Block 1, distant 68.50 feet southerly of said northeast corner and said line there terminating.
LINE "B"
Beginning at a point on the west line of said Lot 1, 12.00 feet south of the northwest corner thereof; thence easterly parallel with the centerline of Arrowhead Road 61.38 feet; thence southeasterly along a tangential curve concave to the southwest having a radius of 63.00 feet for a distance of 99.59 feet to the west right of way line of Kenwood Avenue and said line there terminating; and
FURTHER RESOLVED, that the proper city officials are hereby authorized to accept the dedication of a temporary easement for street construction purposes from Grantor over those portions of Lots 1 through 3, Block 1, MYERS AND WHIPPLE’S ADDITION TO DULUTH, described as:
All those parts of Lot One (1) thru Lot Three (3), Block One (1), MYERS AND WHIPPLE'S ADDITION TO DULUTH, City of Duluth, St. Louis County, Minnesota lying southerly of the aforementioned Line "B", westerly of the easterly 10 feet thereof, and between two lines 0.00 feet and 5.00 feet southwesterly of the aforementioned Line "A",
Which temporary easement shall terminate on December 31, 2016.
FURTHER RESOLVED, that Resolution No. 16-0338 approved on May 9, 2016 is hereby repealed.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to repeal Resolution No. 16-0338 which contained a technical error in the legal description and replace it with one containing the correct legal description. In the fourth line of the description of “LINE ‘A’”, it erroneously referred to “the east line of said Lot 1” whereas the correct description is “the east line of said Block 1”.
The easements intended to be granted are along the west side of Kenwood Avenue south of Arrowhead Road and on the southwest corner of Arrowhead and Kenwood as shown on the attached drawings.