Title
RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO BURNING TREE ROAD FROM BIRCHWOOD APARTMENTS OF DULUTH DEVELOPER, LLC.
Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into an agreement, attached hereto as Attachment 1, with Birchwood Apartments of Duluth Developers, LLC, accepting the grant of permanent street and utility easements over property adjacent to Burning Tree Road, at no cost to the city.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the city to accept a permanent street and utility easement with Birchwood Apartments of Duluth Developer, LLC. The agreement provides that the utility easement will deemed to have been exercised when construction of the utilities have been completed and accepted by the City Engineer. Because at this time the road in question will only serve as an access to the Apartments project, the road easement will need to be exercised by Council resolution when there is a pubic need for it. This agreement is necessary to complete the work for the 4710 Burning Tree Road project, city project no. 1932.