Title
RESOLUTION AUTHORIZING REMOVAL OF NATIONAL EMERGENCY USE PROVISION ENCUMBERING CERTAIN CITY PROPERTY MANAGED BY THE DULUTH AIRPORT AUTHORITY.
Body
CITY PROPOSAL:
WHEREAS, the city is the owner of certain real property located in the state of Minnesota, county of St. Louis, legally described in the attached Exhibit 1 (the “Property”);
WHEREAS, the United States of America by quitclaim deed conveyed the Property to the city encumbered by a National Emergency Use Provision (“NEUP”);
WHEREAS, the NEUP reserves the right of the United States of America to exercise use, control, and possession of the Property during a national emergency;
WHEREAS, the NEUP renders the Property unmarketable for development for non-aeronautical purposes;
WHEREAS, the Duluth Airport Authority, in collaboration with Minnesota Power and subject to the approval of the Federal Aviation Administration (“FAA”), intends to develop the Property for non-aeronautical purposes and use the rent therefrom to support airport operations; and
WHEREAS, the FAA requires city authorization to remove the NEUP encumbrance before a recordable instrument to that effect is prepared.
NOW THEREFORE, BE IT RESOLVED, that the city of Duluth hereby authorizes removal of the National Emergency Use Provision encumbering certain real property legally described in the attached Exhibit 1.
Statement of Purpose
STATEMENT OF PURPOSE: The Duluth Airport Authority (“DAA”) intends to lease a currently undeveloped parcel of airport property to Minnesota Power for a proposed non-aeronautical development project. In order to lease the parcel on a long-term basis, the NEUP encumbrance must be removed. This Resolution allows the DAA and the federal government to prepare a recordable instrument releasing the parcel from the NEUP encumbrance which will be brought before the City Council in a subsequent resolution.