01-0629R

RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY EASEMENT FROM THE ASBURY UNITED METHODIST CHURCH FOR A CONSIDERATION OF $7,000.

BY COUNCILOR ECKENBERG:

        RESOLVED, that the proper city officers are authorized to execute an easement agreement substantially in the form of the agreement filed as Public Document No. ________, between the city of Duluth and the Asbury United Methodist Church of Duluth, wherein the city is granted a utility easement across the portion of the SW¼ NE¼, the NW¼ SE¼ and the NE¼ SW¼ of Section 13, T49N, R15W, Fourth P.M. described below for a consideration of $7,000; said money to be paid from Fund 0521, Agency 500, Object 5532. Said parcel and easement are more particularly described as follows:
                A utility easement across the following described property:
                        That portion of the SW¼ NE¼, the NW¼ SE¼ and the NE¼ SW¼ of Section 13 T49N, R15W, Fourth P.M., St. Louis County, Minnesota, described as follows:
                                Beginning at the most southerly corner of Lot 22, Block 5, Hunter's Grassy Point Addition to Duluth, Third Division, according to the recorded plat thereof, in said SW¼ NE¼ of Section 13; thence southwesterly along the southeast line of Block 6, said Hunter's Point Grassy Addition, and the southeast line of Block 11, Markel's Addition to Duluth, Minnesota, according to the recorded plat thereof, to the most southerly corner of Lot 15 in said Block 11, lying on the north right-of-way line of Fremont Street (formerly Sixth Street South), as now located; thence easterly along said north right-of-way line of Fremont Street to the point of intersection with a line drawn concentric with and distant 50.0 feet northwesterly of, as measured radially to the main track centerline of Burlington Northern Railroad Company's West Superior Branch Line, as originally located and constructed; thence northeasterly along said concentric line to the point of intersection with the southeasterly extension of the southwest line of said Lot 22, Block 5; thence northwesterly along said last described southeasterly extension to the point of beginning.
                Said easement area more particularly described as follows: beginning at the most southerly corner of Lot 22, Block 5, Hunter's Grassy Point Addition to Duluth, Third Division, thence S43 degrees 17'35"W, 875.28 feet to a point; thence N89 degrees 39'21"E, 55.81 feet to the point of beginning; thence N89 degrees 39'21"E, 26.56 feet to a point; thence N43 degrees 39'04"E, 208.09 feet to a point; thence N50 degrees 30'49"E, 204.94 feet to a point; thence N52 degrees 29'00"E, 112.84 feet to a point; thence N55 degrees 04'10"E, 116.94 feet to a point; thence N58 degrees 34'42"E, 63.54 feet to a point; thence N62 degrees 11'11"E, 125.01 feet to a point of intersection at the north property line; thence N46 degrees 09'43"W, 21.61 feet to a point; thence S62degrees 31'49"W, 129.23 feet to a point; thence S55 degrees 57'49"W, 134.12 feet to a point; thence S52 degrees 19'13"W, 139.27 feet to a point; thence S50 degrees 46'56"W, 220.42 feet to a point; thence S43 degrees 33'25"W, 226.26 feet to the point of beginning.



STATEMENT OF PURPOSE:  This resolution accepts a utility easement from Asbury United Methodist Church for the 16 inch supply gas line the city is building from town border station 1A in Wisconsin to the Lake Superior paper plant. The attached agreements and maps show where the easement is located. The easement runs across the rear of the Asbury United Methodist property in land that was formerly railroad right-of-way that had been purchased by the church.