File #: 23-0624R    Name:
Type: Resolution Status: Passed
File created: 8/4/2023 In control: Planning and Economic Development
On agenda: 8/14/2023 Final action: 8/14/2023
Title: RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST OF A PERMANENT EASEMENT FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT.
Attachments: 1. Exhibit 1-City Declaration

Title

RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST OF A PERMANENT EASEMENT FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT.

 

Body

CITY PROPOSAL:

WHEREAS, Ordinance No. 23-024 will dedicate an easement to the general public for the connection of a pedestrian passageway bridge, located on the real property legally described on Exhibit A to the attached Exhibit 1 (the “Easement”).

WHEREAS, demolition and re-construction of a Skywalk bridge associated with the Easement was funded with State of Minnesota appropriation bond proceeds authorized under the Regional Exchange District legislation, Minnesota Laws 2019, 1st Special Session Chapter 6, Article 10, as amended by Section 1 of Laws of Minnesota 2021, 1st Special Session Chapter 9 (the “Legislation”). 

WHEREAS, the City entered into a General Fund Appropriation Bond Proceeds Master Grant Agreement Construction Grant for the Duluth Regional Exchange District Project on June 24, 2019, with the Minnesota Department of Employment and Economic Development in order to receive funds authorized under the Legislation (the “Grant”).

WHEREAS, a condition of the Grant requires the execution and recordation of a Declaration against the real property improved with the Grant so that it is permanently managed and maintained consistent with the terms of the Grant.

NOW THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute a Declaration, substantially in the form attached as Exhibit 1 (the “Declaration”), affecting the real property located in St. Louis County, Minnesota legally described on Exhibit A attached to Exhibit 1.

FURTHER RESOLVED, that the proper city officials are hereby directed to record the Declaration with the St. Louis County Recorder and/or Registrar of Titles.

 

Statement of Purpose

STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the execution and recordation of a Declaration against an easement interest in favor of the general public that will be dedicated by the City under Ordinance No. 23-024 for the connection of a pedestrian passageway bridge in the Medical District Parking Ramp.  The Declaration is required under a grant agreement between the City and the Minnesota Department of Employment and Economic Development.  The real property affected by this Declaration is legally described on Exhibit A to the attached Exhibit 1.