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RESOLUTION AUTHORIZING AN AGREEMENT WITH THE LEDGES ON LAKE SUPERIOR HOMEOWNERS' ASSOCIATION, INC. TO GRANT AN EROSION CONTROL EASEMENT IN EXCHANGE FOR THE CITY'S ACQUISITION OF A TRAIL EASEMENT TO BE USED IN CONNECTION WITH THE LAKEWALK.
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CITY PROPOSAL:
WHEREAS, the City owns lakeshore property located approximately between 23rd and 25th Avenues East (the "City Property") that lies between Lake Superior and real property owned by The Ledges on Lake Superior Homeowners' Association, Inc. (the "Ledges");
WHEREAS, a portion of the Lakewalk lying between I-35 and Water Street needs to be improved and its location changed in order to meet Americans with Disabilities Act (ADA) accessibility standards;
WHEREAS, the Ledges desires to obtain an easement over the City Property to allow the Ledges, from time to time, to stabilize the Lake Superior shoreline (the "Erosion Control Easement");
WHEREAS, the City desires to obtain an easement for public recreational, walkway, and trail purposes over property owned by the Ledges to re-design and re-route the Lakewalk (the "Lakewalk Easement"); and
WHEREAS, the parties desire to work together to grant easements over each other's respective properties in order to obtain these objectives.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into an agreement with the Ledges, substantially the same as the agreement attached as Exhibit 1, for the purchase of the Lakewalk Easement for $1.00 and the granting of the Erosion Control Easement for $1.00.
FURTHER RESOLVED, that the objectives identified in the agreement shall not occur unless and until: (a) the city council authorizes the granting of the Erosion Control Easement through Ordinance No. 21-018; (b) the City accepts the Lakewalk Easement through a resolution, and (c) all terms and conditions contained in the agreement attached as Exhibit 1 have been completed.
Statement of Purpose
STATEMENT OF PURPOSE: Th...
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