04-0143R AS AMENDED
RESOLUTION AUTHORIZING LAND USE AGREEMENT WITH SAND POINT YACHT CLUB, INC. FOR THE SEASONAL USE OF AN AREA OF THE SAND POINT EASEMENT TO PROVIDE WINTER BOAT STORAGE.

BY COUNCILOR GILBERT:

RESOLVED, that the proper city officers are hereby authorized to enter into a land use agreement with Sand Point Yacht Club, Inc., substantially in the form of that on file in the office of the city clerk as Public Document No. ______________, for the seasonal use of a limited area of the area of land commonly known as the sand point easement as described therein, the seasonal period to extend from September 15 of each year of the agreement to the following June 1 of each year of the agreement, the seasonal storage of up to five boats, the seasonal placement of temporary fencing and signage, and the placement of not more than 50 yards of class five gravel.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize a land use agreement between the city of Duluth and Sand Point Yacht Club, Inc., for the seasonal use of a limited area of Sand Point located on Minnesota Point and commonly known as the Sand Point easement. This agreement is for a period of three years commencing on September 1, 2004, and ending on September 1, 2007. The storage period will run from September 1 of each year of the agreement until the following June 1 of each year of the agreement. Sand Point Yacht Club, Inc., is the fee owner of the area in question and operates a private marina for the benefit of its members and pursuant to a special use permit. A portion of the yacht club's land is burdened by an easement interest in favor of the city. The easement grants to the city the right to use the easement area for public open space and water access purposes. The easement was granted to the city by the county of St. Louis on December 17, 1974, and prior to the yacht clubs's purchase of the land. The easement area is not improved and has increased in size due to natural forces. The primary use of the Sand Point easement is for bird watching. The yacht club is in need of an additional area for winter boat storage. The use of an area of the easement for boat storage by the yacht club does not interfere with the public's established use of the Sand Point easement and at this time the city does not have plans to develop or otherwise improve this area.