Title
RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM QWEST CORPORATION FOR THE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION, AND IMPROVEMENT OF EQUIPMENT AND PROVISION OF HOT WATER SERVICE IN, UNDER AND THROUGH REAL PROPERTY IN DOWNTOWN DULUTH 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, a perpetual easement from Qwest Corporation, a Colorado corporation, for the construction, installation, inspection, operation, maintenance, repair, replacement, reconstruction, and improvement of equipment and provision of hot water service, as further described in the attached Exhibit 1, in, under and through the real property legally described on Exhibit A to the attached Exhibit 1, for nominal consideration.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the acceptance of a permanent easement from Qwest Corporation for hot water service and related equipment to allow for the provision of hot water service to its property and other property, as well as for construction, installation, inspection, operation, maintenance, repair, replacement, and reconstruction purposes. The easement is located within Qwest Corporation’s properties located at 322 W. First Street and 326 W. First Street in Downtown Duluth (the “Buildings”). Qwest Corporation entered into a separate service agreement with the City’s energy system (Duluth Energy Systems) for the provision of hot water service, however, this easement is needed so the equipment, including service lines, can be installed and operate on the property, as well as allow for other properties to be served through by the utility. Under the terms of the easement agreement, the property owner is responsible to maintain the equipment within the Building.