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RESOLUTION AUTHORIZING AN AMENDED AND RESTATED EASEMENT FOR STREET AND UTILITY PURPOSES WITH THE DULUTH CLINIC, LTD. OVER, UNDER, AND ACROSS REAL PROPERTY IN THE EAST HILLSIDE NEIGHBORHOOD FOR NOMINAL CONSIDERATION.
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CITY PROPOSAL:
WHEREAS, Resolution No. 24-0531 accepted an easement in trust for the benefit of the public for street and utility purposes from The Duluth Clinic, Ltd., a Delaware corporation, over, under and across certain real property;
WHEREAS, the easement accepted under Resolution No. 24-0531 was recorded in the Office of the St. Louis County Registrar of Titles on August 16, 2024 as Document No. 1082127 (the “Original Easement”); and
WHEREAS, the parties discovered an error in the legal description of the Original Easement and wish to amend and restate, in its entirety, the Original Easement.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into and accept an amended and restated street and utility easement, substantially in the form attached as Exhibit 1, from and with from The Duluth Clinic, Ltd., a Delaware corporation, affecting the real property legally described and depicted on Exhibit B to the attached Exhibit 1.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes an amended and restated easement for street and utility purposes from and with The Duluth Clinic, Ltd., a Delaware corporation (“SMDC”) over, under, and across certain property in the East Hillside neighborhood for nominal consideration. SMDC previously granted a street and utility easement for the same area, which was accepted by the City Council under Resolution No. 24-0531 and subsequently recorded with the St. Louis County real estate records (the “Original Easement”). However, the parties have since discovered an error in the legal description and desire to amend and restate, in its entirety, the Original Easement to rectify the mistake. The error was a result of an unrecorded document from 1888 that vacated five feet of the alley abutting SMDC’s property. The Original Easement, if unamended, would leave a five-foot gap between the existing/remaining alley and SMDC’s property. This amended and restated easement agreement corrects the legal description so that there are no outstanding issues with the City’s easement interest.
The street and utility easement is needed in connection with a vehicular turnaround in an alley. The alley turnaround is located between: (i) Sixth and Seventh Avenues East and (ii) First and Second Streets. A map depicting the approximate area granted under this amended and restated easement is attached as Exhibit 2.