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RESOLUTION ACCEPTING A PEDESTRIAN PASSAGEWAY EASEMENT AND AUTHORIZING A SKYWALK PEDESTRIAN PASSAGEWAY BRIDGE AGREEMENT FROM AND WITH MINNESOTA POWER, A DIVISION OF ALLETE, INC., AFFECTING PROPERTY LOCATED IN DOWNTOWN DULUTH, AT NO COST TO THE CITY.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to accept, substantially in the form attached as Exhibit 1, from Minnesota Power a division of Allete, Inc., a perpetual, non-exclusive easement for pedestrian passageway purposes over and across the real property legally described on Exhibit A to the attached Exhibit 1 (the “Property”), at no cost to the city; the portion of the Property affected by said easement is depicted on Exhibit B to the attached Exhibit 1.
FURTHER RESOLVED, that the proper city officials are hereby authorized to enter into a skywalk pedestrian passageway bridge agreement, substantially in the form attached as Exhibit 2, with Minnesota Power a division of Allete, Inc. regarding the operation, maintenance, and repair of the pedestrian bridge running between the real property legally described on Exhibit A to the attached Exhibit 2 and the real property legally described on Exhibit B to the attached Exhibit 2.
FURTHER RESOLVED, that the recordation of these agreements, substantially in the forms attached as Exhibits 1 and 2, with the St. Louis County Recorder and/or Registrar of Titles shall serve as evidence of completion and satisfaction of Minnesota Power’s obligation regarding the dedication of a replacement skywalk easement, which obligation was required as a condition of Resolution No. 20-0380, which resolution was recorded in the Office of the St. Louis County Recorder on July 29, 2020 as Document No. 1386402 and in the Office of the St. Louis County Registrar of Titles on July 29, 2020 as Document No. 1026649.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution accepts a perpetual, non-exclusive easement for pedestrian passageway purposes (the “Easement”) from Minnesota Power, a division of Allete, Inc. (“Minnesota Power”), as well as authorizes a skywalk pedestrian passageway bridge agreement (the “Bridge Agreement”). The Bridge Agreement allows for the continued attachment of the pedestrian bridge between the Lake Superior Place Building and the Minnesota Power Headquarters Building (the “Bridge”). The Easement provides for a stairway from the Bridge to Superior Street within the Minnesota Power Headquarters Building (the “Stairway”).
This resolution relates to a larger real estate transaction between the city and Minnesota Power, as further described in Ordinance No. 20-027 and satisfies an outstanding obligation from Minnesota Power that was required under Resolution No. 20-0380. Resolution No. 20-0380 vacated all skywalk easements affecting the Minnesota Power Headquarters Building on the condition that a replacement skywalk easement is entered into and recorded in the St. Louis County real estate records by December 31, 2020.
The acceptance of the Easement and execution of the Bridge Agreement ensures that the City and public have continued pedestrian access from the Skywalk System on the upper side of the 100 block of W. Superior Street to the lower side of the 100 block of W. Superior Street. Under the terms of the agreements, Minnesota Power is responsible to operate, maintain and repair the Bridge and Stairway in conformance with the Duluth City Code, Chapter 44A, as it may be amended or replaced from time to time.