Title
RESOLUTION AUTHORIZING ACCEPTANCE OF TWO UTILITY EASEMENTS FOR PROPERTY BELOW SPIRIT MOUNTAIN WITH THE SPIRIT VALLEY LAND COMPANY, LLC FOR THE SPIRIT MOUNTAIN WATER LINE PROJECT AT NO COST TO THE CITY.
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CITY PROPOSAL:
WHEREAS, the city of Duluth (City) was authorized to enter into a permanent easement agreement with Spirit Valley Land Company, LLC, (Spirit Valley) for property below Spirit Mountain for the Spirit Mountain water line project through Resolution 15-0305; and
WHEREAS, after execution and recordation of the permanent easement agreement, it was discovered that said agreement contained errors in the legal description and easement area; and
WHEREAS, the City obtained: (1) new surveys to correct the legal description in the original easement agreement and (2) new easement agreements over the property owned by Spirit Valley.
NOW THEREFORE, BE IT RESOLVED, that the proper City officials are hereby authorized to accept two permanent easements from Spirit Valley Land Company, LLC, copies of which are attached as Exhibit 1 and Exhibit 2, at no cost to the City, for an easement to construct, operate, and maintain utilities on real property located in St. Louis County, Minnesota. Said easements are located within the following described real property:
Lots 22 and 23, Block 10, Ironton First Division, according to the recorded plat thereof;
AND
Part of Government Lot 1, Section 23, Township 49 North, Range 15 West.
The exact location of the easement areas are more particularly described and depicted on Exhibits A and B of each easement agreement.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the acceptance of two easement agreements with the Spirit Valley Land Company, LLC, (Spirit Valley) pursuant to which Spirit Valley grants an easement to the city of Duluth (City) to allow the City to construct, maintain, and operate utilities over its real property, as legally described on said easement agreements.
In 2015, the City constructed a water line from the St. Louis River estuary up to Spirit Mountain. The water line runs from the estuary adjacent to Tallus Island, crosses over and through real property owned by Spirit Valley and Highway 23, and continues up the hill to Spirit Mountain where it will provide water for snowmaking operations. Spirit Valley is the owner of significant portions of the land between the St. Louis River estuary and Highway 23 and is willing to donate easements to the City for this project.
After execution and recordation of the original permanent easement agreement, it was discovered that said agreement contained errors in the legal description and easement area. The City obtained: (1) new surveys to correct the legal description in the original easement agreement and (2) new easement agreements over the property owned by Spirit Valley. The easement agreements accepted in this resolution correct and supersede the originally executed easement agreement.