Title
RESOLUTION AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, TERMINATION OF STORM WATER MAINTENANCE AGREEMENT, AND ACCEPTING A PERMANENT EASEMENT FOR UTILITY, STORMWATER AND DRAINAGE PURPOSES, ALL WITH OR FROM LOTUS REALTY SERVICES, INC., AFFECTING CERTAIN REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD, AT NO COST TO THE CITY.
Body
CITY PROPOSAL:
WHEREAS, the city council authorized a development agreement with Duluth Gospel Tabernacle, a Minnesota nonprofit corporation, under Resolution No. 19-0242, which development agreement related to the development of the plat of HARBOR LIGHT and was registered in the Office of the St. Louis County Registrar of Titles on January 23, 2020 as Document No. 10198710 (the "Development Agreement");
WHEREAS, the Development Agreement required the conveyance of the following described real property in St. Louis County, Minnesota ("Outlot A"):
OutLot A HARBOR LIGHT
EXCEPT minerals and mineral rights in that part thereof formerly
described as part of Lots 29 through 38 Block 4 Kensington Place
Addition to Duluth and EXCEPT minerals in the remainder of Outlot A.
That part of Outlot A formerly described as part of Lots 18-22 Block
4 Kensington Place Addition to Duluth is SUBJECT to mineral rights
reserved by the State of Minnesota by deed filed for record as
Document No 301818 and Microfilm Document No 19639 in the office of
the Register of Deeds
to City, at no cost, for storm water drainage purposes, but City has determined that it does not need the entirety of Outlot A for storm water drainage purposes and that an easement would suffice to grant the City the proper rights to own, operate, maintain, repair and replace certain stormwater improvements constructed within Outlot A (the "Stormwater Improvements");
WHEREAS, Lotus Realty Services, Inc., a Minnesota corporation ("Lotus Realty") is now the owner of Outlot A;
WHEREAS, Lotus Realty currently operates the Stormwater Improvements under that certain Storm Wa...
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