Title
RESOLUTION ACCEPTING AND EXERCISING STREET EASEMENTS FROM THE BIRCHWOOD APARTMENTS OF DULUTH DEVELOPER, LLC, and CCHC MENTAL HEALTH, LLC.
Body
CITY PROPOSAL:
WHEREAS, on January 31, 2014, CCHC Mental Health, LLC ("CHCC"), granted and conveyed to the city a street and utility easement, which easement was recorded with the St. Louis County Recorder on August 20, 2014 as Document No. 1244054 (the "CHCC Easement").
WHEREAS, on September 25, 2020, Birchwood Apartments of Duluth Developer, LLC, ("Developer") granted and conveyed to the city a street and utility easement, which easement was recorded with the St. Louis County Recorder on October 7, 2020 as Document No. 1392275 (the "Developer Easement").
WHEREAS, the city council accepted the permanent utility and street easement granted in the CHCC Easement by Resolution No. 14-0092 on March 10, 2014.
WHEREAS, the city council accepted the permanent utility easement granted in the Developer Easement by Resolution No. 20-0771 on October 26, 2020, but did not accept or exercise the street easement granted under the Developer Easement.
WHEREAS, the street easement granted under the Developer Easement is not deemed exercised until Developer, CHCC and the city enter into a snow removal agreement and the city council formally accepts the street easement granted by the Developer Easement by resolution.
WHEREAS, the city, Developer and CCHC have agreed to a snow removal agreement and the council authorized the snow removal agreement by Resolution 23-0113 on February 13, 2023.
NOW, THEREFORE, BE IT RESOLVED, that the city formally accepts only that portion of the street easement granted under the Developer Easement shown as "City Snow Removal Area" on the attached Exhibit A and formally exercises that portion of the street easement granted under the CCHC Easement as shown as "Street Easement Acceptance Area" on the attached Exhibit A.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution au...
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