Title
RESOLUTION AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH HARTLEY HILLS LAND DEVELOPMENT, LLC AND ACCEPTING PERMANENT EASEMENTS FOR: (I) UTILITY PURPOSES AND (II) PUBLIC RECREATIONAL, WALKWAY AND TRAIL PURPOSES OVER REAL PROPERTY IN THE WOODLAND NEIGHBORHOOD, AT NO COST TO THE CITY.
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CITY PROPOSAL:
WHEREAS, the city council authorized a development agreement with Hartley Hills Land Development, LLC, a Minnesota limited liability company, under Resolution No. 20-0409, which development agreement was executed and registered in the Office of the St. Louis County Registrar of Titles on January 21, 2021, as Document No. 1035421 (the "Development Agreement");
WHEREAS, the Development Agreement requires developer to convey the following described real property in St. Louis County, Minnesota ("Outlot A"):
Outlot A, FIRST REARRANGEMENT OF HARTLEY HILLS FOURTH ADDITION
to city for storm water management, but city has determined that it does not need Outlot A for storm water management;
WHEREAS, city has an existing drainage easement over a portion of Outlot A, but also desires a utility easement over that same portion of Outlot A;
WHEREAS, city and developer have agreed to modify certain requirements in the Development Agreement relating to the creation of certain easements for pedestrian trails within the plat of FIRST REARRANGEMENT OF HARTLEY HILLS FOURTH ADDITION; and
WHEREAS, the parties desire to amend the Development Agreement with this first amendment in order to address the issues described above.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into a first amendment to Development Agreement, substantially in the form attached as Exhibit 1, with Hartley Hills Land Development, LLC, a Minnesota limited liability company.
FURTHER RESOLVED, that the proper city officials are hereby authorized to accept a perpetual easement for utility purposes, substantially in the form atta...
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