Title
RESOLUTION AUTHORIZING THE TERMINATION AND RELEASE OF CERTAIN DECLARATIONS AFFECTING VACATED EASEMENTS AND EXECUTION OF A NEW DECLARATION IN THE PLAT OF ATLAS INDUSTRIAL PARK.
Body
CITY PROPOSAL:
WHEREAS, the City of Duluth (City) received a sixty-six foot (66’) wide easement for public street, roadway, and utility purposes in a tract of land located in the Southwest Quarter of the Southeast Quarter (SW ¼ of SE ¼) of Section Thirty-four (34), Township Forty-nine (49) North, Range Fifteen (15) West of the Fourth Principal Meridian; and
WHEREAS, the City received a seventeen foot (17’) wide easement for public street, roadway, and utility purposes in a tract of land located in the West One-half of the Southeast Quarter (W ½ of SE ¼) of Section Thirty-four (34), Township Forty-nine (49) North, Range Fifteen (15) West of the Fourth Principal Meridian; and
WHEREAS, the sixty-six foot (66’) easement property is bond-financed property and subject to all of the terms, conditions, provisions, and limitations contained in that certain grant agreement between the City and Minnesota Department of Employment and Economic Development dated March 10, 2010. The grant agreement required the City to file a Declaration with the St. Louis County Registrar of Titles. Said Declaration was filed as Document No. 924470 on December 21, 2012, and affects the real property legally described on Exhibit A; and
WHEREAS, the seventeen foot (17’) easement property is bond-financed property and subject to all of the terms, conditions, provisions, and limitations contained in that certain grant agreement between the City and Minnesota Department of Employment and Economic Development dated March 10, 2010. The grant agreement required the City to file a Declaration with the St. Louis County Registrar of Titles. Said Declaration was filed as Document No. 924437 on December 21, 2012, and affects the real property legally described on Exhibit B; and
WHEREAS, the existing sixty-six foot (66’) and seventeen foot (17’) easements were vacated by Resolution 15-0799R. Said vacation was filed of record with the St. Louis County Registrar of Titles on February 22, 2016 as Document No. 967956.
WHEREAS, the plat of Atlas Industrial Park was created and filed of record on December 31, 2015. Atlas Industrial Park platted a part of the Southeast Quarter (SE ¼) of Section Thirty-four (34), Township Forty-nine (49) North, Range Fifteen (15) West of the Fourth Principal Meridian and includes the previously unplatted, vacated easements referenced above.
WHEREAS, in accordance with the grant agreement referenced above dated March 10, 2012, the City needs to: (a) release the certain property restrictions in place relating to bond-financed improvements on the real property contained in Exhibits A and B and (b) impose new restrictions on the platted streets in the plat of Atlas Industrial Park.
NOW THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute the Termination and Release of Declaration, substantially in the form attached as Exhibit C, over the real property legally described on Exhibit A.
FURTHER RESOLVED, RESOLVED, that the proper city officials are hereby authorized to execute the Termination and Release of Declaration, substantially in the form attached as Exhibit D, over the real property legally described on Exhibit B.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute the Declaration of Restrictive Covenant, substantially in the form attached as Exhibit E, over the following described real property:
Nick Glumac Drive and Atlas Parkway, ATLAS INDUSTRIAL PARK
FURTHER RESOLVED, that the proper city officials are hereby directed to file the two Termination and Releases of Declaration and Declaration of Restrictive Covenant with the St. Louis County Recorder and/or Registrar of Titles in order to properly effectuate the documents.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to: (a) authorize the release of certain property restrictions in place relating to bond-financed improvements on real property at the site of the former Atlas Cement Plant and (b) impose new restrictions on the platted streets in the plat of Atlas Industrial Park.
The plat of Atlas Industrial Park was created and filed of record on December 31, 2015, with streets dedicated in the plat. The existing street easements were vacated by Resolution 15-0799R. The property underlying the vacated easements needs to be released from the restrictions in place and a new declaration needs to be filed to restrict the platted streets.