File #: 23-0148R    Name:
Type: Resolution Status: Passed
File created: 2/17/2023 In control: Public Works and Utilities
On agenda: 2/27/2023 Final action: 2/27/2023
Title: RESOLUTION DEDICATING A PERPETUAL UTILITY EASEMENT TO THE CITY OF DULUTH IN ITS PROPRIETARY CAPACITY OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF LESTER PARK FOURTH DIVISION.
Attachments: 1. Exhibit A-Resolution, 2. Exhibit B-Resolution
Title
RESOLUTION DEDICATING A PERPETUAL UTILITY EASEMENT TO THE CITY OF DULUTH IN ITS PROPRIETARY CAPACITY OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF LESTER PARK FOURTH DIVISION.

Body
CITY PROPOSAL:
RESOLVED, that the city of Duluth does hereby dedicate to the City of Duluth, a municipal corporation under the laws of the State of Minnesota, in its proprietary capacity, a perpetual utility easement over, under, and across certain real property in St. Louis County, Minnesota legally described on the attached Exhibit A and depicted on the attached Exhibit B. The easement granted herein includes, but is not limited to, the right to construct, operate, maintain, repair and replace a utility for water service within the easement area legally described on the attached Exhibit A.
FURTHER RESOLVED, that the easement dedicated under this resolution is not being granted to the City of Duluth in trust for the benefit of the public for public utility purposes and does not create an easement in favor of the public.
FURTHER RESOLVED, that the proper city officials are authorized to record with the St. Louis County Recorder and/or Registrar of Titles of St. Louis County, Minnesota, a certified copy of this resolution effectuating the dedication granted under this resolution.

Statement of Purpose
STATEMENT OF PURPOSE: This resolution dedicates to the City, in its propriety capacity, a permanent utility easement for a water line servicing the Lester Park Golf Course Clubhouse.

In connection with the survey of the portion of the Lester Park Golf Course authorized to be conveyed to the Duluth Economic Development Authority (DEDA) under Ordinance No. 21-069, it was determined that there is a water line off of Superior Street that services the Lester Park Golf Course Clubhouse. Under the Development Agreement between the City and DEDA, the City shall dedicate any easements needed prior to closing or within the deed conveying the property to DEDA. ...

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