Title
RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY OVER, UNDER, AND ACROSS REAL PROPERTY IN THE LESTER PARK NEIGHBORHOOD FOR NOMINAL CONSIDERATION.
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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 the Duluth Economic Development Authority, public body, corporate and politic and political subdivision under Minnesota Statutes Chapter 469, a perpetual easement for street and utility purposes over, under, and across the real property legally described on Exhibit A to the attached Exhibit 1 and depicted on Exhibit B to the attached Exhibit 1, for nominal consideration.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the acceptance of a permanent easement for street utility purposes from the Duluth Economic Development Authority (“DEDA”) over, under, and across certain property in the Lester Park neighborhood for nominal consideration. The easement area captures a portion of Lester River Road that lies outside of the platted right-of-way just above Superior St.
The City conveyed 37.5 acres of the former Lester Park Golf Course to DEDA in the spring of 2023. The ALTA survey commissioned in connection with conveyance revealed that a portion of the existing Lester River Rd. and some utilities existed east of the platted right-of-way. The parties needed to obtain a survey specifically for those portions, but the survey could not be completed before closing. The survey is now complete, and DEDA will approve the granting of this easement at its August meeting. The acceptance and recordation of this easement ensures that the City has the proper rights for the continued operation of the Lester River Rd. and provision of utilities.