00-0346R

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF MINNESOTA, HIGHER EDUCATION BOARD, FOR THE ACQUISITION OF A 50 FOOT UTILITY EASEMENT ACROSS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 48 NORTH, RANGE 15 WEST.

BY COUNCILOR STOVER:

RESOLVED, that the proper city officers are hereby authorized to enter into an agreement filed as Public Document No. _________________, to acquire a utility easement hereinafter described from the state of Minnesota, higher education board, for the consideration set forth in said agreement:

A 50 foot wide easement for utility purposes over, under and across that part of the Northwest Quarter of the Northeast Quarter, Section 9, Township 48 North, Range 15 West, City of Duluth, St. Louis County MN. The centerline of said easement is described as follows:
Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 09 minutes 03 seconds East, assumed bearing, along the west line of said Northwest Quarter of the Northeast Quarter 325.64 feet to the point of beginning; thence South 62 degrees 21 minutes 29 seconds East 318.27 feet; thence southerly 230.95 feet along a curve concave to the east and not tangent with the last described line, said curve has a radius of 500.00 feet, a central angle of 26 degrees 27 minutes 55 seconds, and the chord of said curve bears South 05 degrees 13 minutes 37 seconds West; thence south 08 degrees 00 minutes 21 seconds East 440.16 feet; thence South 89 degrees 55 minutes 56 seconds East 342.27 feet; thence South 44 degrees 55 minutes 55 seconds East 56.69 feet; thence South 89 degrees 52 minutes 21 seconds East 628.28 feet to a point on the east line of said Northwest Quarter of the Northeast Quarter distant 128.46 northerly of the southeast corner of said Northwest Quarter of the Northeast Quarter and there terminating. Sidelines of said easement shall be shortened or prolonged to terminate on said west and east lines of said Northwest Quarter of the Northeast Quarter.

STATEMENT OF PURPOSE: This resolution authorizes the acquisition of an easement to install a portion of the sewer main to Fond du Lac on property of Lake Superior College's fire training school on Highway 23. In consideration for granting the city an easement, the city will remit to the college all connection fees it receives from the utilities from Gary New Duluth to the fire school. The entire cost of the utility extension was borne by the college so it is equitable that they receive any connection fees from third parties. In addition, the city will assume maintenance responsibility for over 600 feet of what was private sewer to the fire school and which will now become a sewer main.