Title
RESOLUTION DEDICATING EASEMENTS FOR UTILITY AND ACCESS PURPOSES OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF WILLARD AND PIPER’S DIVISION.
Body
CITY PROPOSAL:
WHEREAS, the city owns real property legally described as follows (the “Property”):
All that part of WILLARD AND PIPER'S DIVISION, in the SW1/4 of SE1/4, Section 29 Township 50 North of Range 14 West, which lies West of the Trinity Road and North of a line 500.00 feet distant from and parallel to the North line of said plat (Line B), and NE of a line drawn between a point on the West line of said SW1/4 of SE1/4, 75.00 feet North of Line B, and a point on Line B 115.00 feet East of the West line of said SW1/4 of SE1/4 (Line A).
WHEREAS, the city desires to dedicate to the general public perpetual easements for storm water and drainage utilities and related access over a portion of the Property.
NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth does hereby dedicate to the general public an easement (the “Facilities Easement”) to construct, maintain, inspect, operate, protect, repair, replace, and/or remove facilities (the “Facilities”) for storm water control and drainage purposes over the portion of the Property depicted on the attached Exhibit A and legally described on the attached Exhibit B (the “Easement Area”). The Facilities Easement includes the right to locate the Easement Area by surveying and the placement of appropriate markers, if necessary, and the right to clear and keep cleared the Easement Area so as to prevent damage to or interference with the efficient operation of the Facilities. Any successor owner of the Property may use the Easement Area for purposes that will not interfere with the full enjoyment of the rights dedicated herein or materially increase the cost of exercising such rights.
FURTHER RESOLVED, that the city of Duluth does hereby dedicate to the general public an easement (the “Access Easement”) over the Property for the sole purpose of access (ingress and egress) to and from the Easement Area to construct, maintain, inspect, operate, protect, repair, replace, and/or remove the Facilities. Such access shall be conducted in a manner that shall occasion the least practical damage and inconvenience to any successor owner of the Property. Should they exist and provide reasonable access, then existing roads and lanes on the Property shall be used for access. Nothing in this Access Easement shall prohibit or restrict the development and use of the Property including, without limitation, the construction of one or more buildings and improvements of all kinds and the installation of utilities, infrastructure, and landscaping in any manner that does not unreasonably impair access to the Easement Area.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the dedication of a utility easement and access to the utility easement over city-owned property adjacent to Lake Superior College. Under Ordinance No. 19-014, the city council authorized the conveyance of the property to the Duluth Economic Development Authority. However, city staff discovered that there is an existing stormwater pipe on the property that the city needs to retain ownership and control over. The dedication of these easements allows the city to continue to operate, maintain, repair, and replace the infrastructure, as well as access the easement area.