Title
RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING AND CONSTRUCTION SERVICES TO SIGN AN AGREEMENT CONSENTING TO A MNDOT DRAINAGE EASEMENT IMPACTING A CITY CONSERVATION EASEMENT.
Body
CITY PROPOSAL:
WHEREAS, Grand Avenue Estates is a housing development near Morgan Park that includes nine single family homes and two 29-unit multi-family structures,
WHEREAS, the property was rezoned to the Residential-Planned zone district in 2012, and a final plat for Grand Avenue Estates was approved by the City of Duluth Planning Commission on June 9, 2015,
WHEREAS, as a condition of zoning approval for the planned development, the developer agreed to maintain 8.4 acres of open space and dedicate a conservation easement to the City,
WHEREAS, the City accepted a trail easement and conservation easement from Grand Avenue Estates of Duluth, LLC, via Resolution 15-0792R,
WHEREAS, the State of Minnesota Department of Transportation needs a drainage easement to effect repairs on an existing drainage structure. This will require traversing and impacting some of the area dedicated to the City via the conservation easement.
THEREFORE, BE IT RESOLVED, that the city council hereby authorizes the Director of Planning and Construction services to sign a consent with the State of Minnesota Department of Transportation which will permit and allow the MNDOT drainage easement by the terms of the conservation easement.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution authorizes the Director of Planning and Construction services to sign a consent agreement allowing MNDOT to have a drainage easement over and impacting a city conservation easement. MNDOT needs the drainage easement to maintain their infrastructure critical to the operation and maintenance of State Highway 23 (Grand Avenue).