Title
RESOLUTION AUTHORIZING AN AMENDED AND RESTATED 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, on or about May 26, 2021, the parties entered into an agreement to grant easements over each other's respective properties in order to obtain these objectives (the "Agreement").
WHEREAS, the Agreement provides that the Erosion Control Easement will be granted at the same time as the Lakewalk Easement.
WHEREAS, the Ledges desires to make improvements in the area of the Erosion Control Easement before the 2021 construction season concludes and needs the Erosion Control Easement before the Ledges can commence work.
WHEREAS, the city's survey of the area to be included within the Lakewalk Easement is not yet complete and the Ledges cannot grant the Lakewalk Easement until the survey is finalized.
WHEREAS, the city wishes to grant the Erosion Control Easement in advance of the Lakewalk Easement, and the parties desire to ...
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