File #: 22-0391R    Name:
Type: Resolution Status: Passed
File created: 4/29/2022 In control: Planning and Economic Development
On agenda: 5/9/2022 Final action: 5/9/2022
Title: RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES FROM ULLAND BROTHERS, INC. OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION.
Attachments: 1. Exhibit 1
Title
RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES FROM ULLAND BROTHERS, INC. OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION.

Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to accept, substantially in the form attached as Exhibit 1, from Ulland Brothers, Inc., a perpetual easement for recreational, walkway, and trail purposes over, under, and across the real property legally described on Exhibit A to the attached Exhibit 1 and depicted on Exhibit B to the attached Exhibit 1, for nominal consideration.

Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the acceptance of a permanent easement for recreational, walkway, and trail purposes from Ulland Brothers, Inc. ("Ulland") over, under, and across property located in the Duluth Heights neighborhood for nominal consideration. The easement is located within the upcoming Harbor Light development and lies west of the intersection of Arlington Avenue and Arrowhead Road.

In 2020, the City entered into a development agreement with Duluth Gospel Tabernacle, a Minnesota non-profit corporation, for the development of a 39.2 acre tract of land. The development agreement was authorized under Resolution No. 19-0389.

Under the terms of the development agreement, a 20-foot wide trail easement running from a point on the cul-de-sac of Evergreen Circle to West Marble Street was to be granted to the City at the time of application for a building permit for the principle structure on Lot 1. The owner of Lot 1 has submitted an application for a building permit, and the owners of the easement area are ready to grant the easement to the City.

Under the terms of the easement agreement, Ulland shall design and complete construction of a gravel travel within the easement area conforming to the standards set forth in Exhibit C to the attached Exhibit 1 by Se...

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