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RESOLUTION ACCEPTING A WATER LINE FROM THE WESTERN LAKE SUPERIOR SANITARY DISTRICT AND AUTHORIZING A BILL OF SALE AND TRANSFER AGREEMENT, ASSIGNMENT AND ASSUMPTION OF LIABILITIES, AT NO COST TO THE CITY.
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CITY PROPOSAL:
WHEREAS, Western Lake Superior Sanitary District (“WLSSD”) owns and operates a water line conveying water from a city of Duluth (“City”) water main across several tracts of real estate from Superior St. to WLSSD’s facilities on Courtland St. (the “Water Line”). The Water Line is depicted on Exhibit A to the attached Exhibit 1;
WHEREAS, City operates a system of water supply lines that provide residential and industrial water to its residents and customers (the “City Water System”); and
WHEREAS, WLSSD agreed to transfer the Water Line and other appurtenances to the City so that the City will own and operate the Water Line as part of the City Water System.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials hereby accept the transfer and assignment of the Water Line and assume all obligations relating from the ownership and operation of the Water Line as of the effective date of the agreement attached as Exhibit 1, at no cost to the City.
FURTHER RESOLVED, that the proper city officials are hereby authorized to enter into a Bill of Sale and Transfer Agreement, Assignment and Assumption of Liabilities, substantially in the form attached as Exhibit 1, relating to the Water Line.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the transfer and assignment of a water line and other appurtenances (the “Water Line”) that is currently owned and operated by the Western Lake Superior Sanitary District (“WLSSD”). City desires to own and operate the Water Line as part of its water utility system. The mechanism to transfer the Water Line from WLSSD to the City is through the Bill of Sale and Transfer Agreement, Assignment and Assumption of Liabilities attached as Exhibit 1. In addition to the agreement approved under this resolution, there are: (i) three easements that need to be assigned and assumed by the City (the “Easements”) and (ii) several permits that the City will need to obtain from government agencies (Minnesota Departments of Transportation and Natural Resources) and BNSF Railway (collectively, the “Permits”). The Easements will be approved under Resolution 25-313. The Permits cannot be assigned and, as such, the City will obtain them separately from the appropriate authorities once the Water Line is conveyed to the City.
A map depicting the Water Line from Superior St. to WLSSD’s facilities on Courtland St. is attached as Exhibit A to the attached Exhibit 1.