05-0092R


RESOLUTION ACCEPTING DONATION OF ROAD EASEMENT FROM SCHNEIDERMAN DULUTH, LLC, FOR DECKER ROAD.

BY COUNCILOR STOVER:

     RESOLVED, that the proper city officials are authorized to accept the donation of an easement for street and highway purposes substantially in the form of that on file in the office of the city clerk as Public Document No. __________ from Schneiderman Duluth, LLC, at no cost to the city.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize the acceptance of the donation of an easement for street and highway purposes for land occupied by Decker Road to assist Schneiderman’s in the development of their new Duluth store just off Decker Road.


Schneiderman is in the process of developing a new store located on the west side of Decker Road south of Bridgeman’s and Mountain Shadow Drive. The store’s access will be from Decker Road.


As part of the financing of the project, the title insurance company involved sought and was unable to find any formal dedication of the Decker Road right-of-way. A review by the city did not disclose any such formal dedication, and it appears that dedication occurred under state statute by virtue of extended usage qualifying such use as a dedication. Such dedications are legally sufficient for all roadway and utility purposes under Minnesota law.


Nevertheless, the title company has requested that the city formally accept a dedication of easement from Schneiderman for the portion of the Decker Road right-of-way lying on their property at no cost to the city and, in the spirit of cooperation and because there appears to be no harm from doing so, staff recommends that the city agree to accept the dedication.

 

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