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RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION AFFECTING A PORTION OF SIXTH AVENUE EAST AND NEARBY ALLEY BEING CONSTRUCTED OR IMPROVED AS PART OF THE REGIONAL EXCHANGE DISTRICT.
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CITY PROPOSAL:
WHEREAS, Resolution No. 23-0228 accepted an easement for street and utility purposes from SMDC Medical Center over, under and across portions of vacated Sixth Avenue East, which easement was registered with the St. Louis County Registrar of Titles on September 12, 2023 as Document No. 1072168 (“Easement 1”);
WHEREAS, Resolution No. 24-0531 accepted an easement for street and utility purposes from The Duluth Clinic, Ltd. over, under and across property that will be improved with vehicular turnaround in an alley near Sixth Avenue East, which easement was registered with the St. Louis County Registrar of Titles on August 16, 2024 as Document No. 1082127 (“Easement 2”);
WHEREAS, the City is constructing improvements within the following areas: (1) Sixth Ave East between First and Second Streets; (2) part of the alley located between: (i) Sixth and Seventh Avenues East and (ii) First and Second Streets; and (3) Easement 2 (collectively, the “Improvements”).
WHEREAS, the Improvements are 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, as amended, 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 Easement 1 and Easement 2 so that the affected real property 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 Exhibits A and B 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 the City’s interest in two easements that were acquired for street and utility purposes in connection with infrastructure improvements for the Regional Exchange District. This Declaration is required under a grant agreement between the City and the Minnesota Department of Employment and Economic Development. The Declaration requires the easement areas are used in accordance with the provisions, requirements, restrictions and encumbrances of the grant agreement. A map depicting the easement areas affected by this Declaration is attached as Exhibit 2.