Title
RESOLUTION AMENDING THE TERMS OF RESOLUTION NO. 25-0438 AND AUTHORIZING A RIGHT-OF-WAY MAINTENANCE AGREEMENT WITH REED M. BLAZEVIC AND MISTICA D. BLAZEVIC.
Body
CITY PROPOSAL:
WHEREAS, Resolution No. 25-0438 vacated sections of platted 125th Avenue West (Second Street per plat), Second Avenue and Third Avenue in the plat of EAST FOND DU LAC (the “Vacation”); and
WHEREAS, the Vacation is: (i) subject to the retention of a utility easement over Second Avenue and (ii) contingent upon the granting of a replacement street easement over parts of Lots 9 and 10, Block 10, EAST FOND DU LAC (the “Replacement Easement”); and
WHEREAS, the Replacement Easement contingency was requested to accommodate plow trucks and emergency vehicles and provide a mechanism for such vehicles to turn around (the “Turnaround”) within and near 125th Avenue West (Second Street per plat) (the “Second Street Right-of-Way”); and
WHEREAS, when the Vacation was approved, the city did not know whether the Turnaround could exist within the boundaries of the Second Street Right-of-Way or if the Replacement Easement was actually needed; and
WHEREAS, the applicant of the Vacation (the “Applicant”) commenced a survey of its property and, based on the survey, the city has determined that the Turnaround can exist within the Second Street Right-of-Way and the Replacement Easement is not needed; and
WHEREAS, the Applicant is utilizing part of the undeveloped portions of the Second Street Right-of-Way as a private driveway (the “Private Driveway”); and
WHEREAS, Applicant is willing to allow the city to use the Private Driveway as the Turnaround; and
WHEREAS, the city and Applicant have agreed upon the terms and conditions relating to the co-use and occupation of the Second Street Right-of-Way and Private Driveway as shown in the Right-of-Way Maintenance Agreement attached as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into the Right-of-Way Maintenance Agreement, substantially in the form attached as Exhibit 1, with Reed M. Blazevic and Mistica D. Blazevic, a married couple, affecting the real property in St. Louis County legally described on the attached Exhibit 1.
FURTHER RESOLVED, that, upon execution of the Right-of-Way Maintenance Agreement attached as Exhibit 1, the Duluth city council hereby waives the requirement of dedication of a replacement easement for street purposes required under Resolution No. 25-0438.
FURTHER RESOLVED, that the Duluth city council hereby affirms that the vacation granted under 25-0438 is still effective and valid as of the date of passage of this resolution, extends the time to record the Vacation, and directs the proper city officials to record the Vacation and the Right-of-Way Maintenance Agreement with the St. Louis County Recorder and/or Registrar of Titles within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes a Right-of-Way Maintenance Agreement with Reed M. Blazevic and Mistica D. Blazevic, a married couple, to allow for the city to utilize a private driveway within an undeveloped portion of a street, which private driveway will serve as a turnaround for plow trucks and emergency vehicles. Under the terms of the agreement, the property owner is responsible for maintaining the driveway in accordance with certain specifications.
The Right-of-Way Maintenance Agreement is needed in lieu of a replacement easement that was required under Resolution No. 25-0438. Resolution No. 25-0438 vacated portions of certain streets in the plat of EAST FOND DU LAC, subject to the retention of a utility easement and on the condition that a replacement easement for street purposes would be granted. A survey indicated that a replacement easement is not needed as long as the Right-of-Way Maintenance Agreement is entered into and abided by, so this resolution also waives the replacement easement requirement under Resolution No. 25-0438. Lastly, Resolution No. 25-0438 stated that the vacation shall lapse if not recorded within 90 days of city council approval, so this resolution extends the timeline for recordation.