File #: 19-0643R    Name:
Type: Resolution Status: Passed
File created: 9/23/2019 In control: Public Works and Utilities
On agenda: 9/23/2019 Final action: 9/23/2019
Title: RESOLUTION DEDICATING EASEMENTS FOR UTILITY AND ACCESS PURPOSES OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF WILLARD AND PIPER'S DIVISION.
Attachments: 1. Exhibit A and B
Title
RESOLUTION DEDICATING EASEMENTS FOR UTILITY AND ACCESS PURPOSES OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF WILLARD AND PIPER'S DIVISION.

Body
CITY PROPOSAL:
WHEREAS, the city owns real property legally described as follows (the "Property"):

All that part of WILLARD AND PIPER'S DIVISION, in the SW1/4 of SE1/4, Section 29 Township 50 North of Range 14 West, which lies West of the Trinity Road and North of a line 500.00 feet distant from and parallel to the North line of said plat (Line B), and NE of a line drawn between a point on the West line of said SW1/4 of SE1/4, 75.00 feet North of Line B, and a point on Line B 115.00 feet East of the West line of said SW1/4 of SE1/4 (Line A).

WHEREAS, the city desires to dedicate to the general public perpetual easements for storm water and drainage utilities and related access over a portion of the Property.
NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth does hereby dedicate to the general public an easement (the "Facilities Easement") to construct, maintain, inspect, operate, protect, repair, replace, and/or remove facilities (the "Facilities") for storm water control and drainage purposes over the portion of the Property depicted on the attached Exhibit A and legally described on the attached Exhibit B (the "Easement Area"). The Facilities Easement includes the right to locate the Easement Area by surveying and the placement of appropriate markers, if necessary, and the right to clear and keep cleared the Easement Area so as to prevent damage to or interference with the efficient operation of the Facilities. Any successor owner of the Property may use the Easement Area for purposes that will not interfere with the full enjoyment of the rights dedicated herein or materially increase the cost of exercising such rights.
FURTHER RESOLVED, that the city of Duluth does hereby dedicate to the general public an easement (the "Access Easement") over the Property for the sole purpose of a...

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