05-0263R


RESOLUTION APPROVING EXERCISE OF EASEMENT RIGHTS BY NORTHERN NATURAL GAS COMPANY, ACCEPTING PAYMENT AND ASSIGNING PAYMENT TO DULUTH AIRPORT AUTHORITY.

BY COUNCILOR REINERT:

     BE IT RESOLVED, that the city of Duluth approves the use as a natural gas pipeline site, the work done up to April 1, 2005, to install and maintain pipelines in, the cleanup of the area and Northern Natural Gas Company’s exercise of its rights under contract recorded in Book 1079 at Page 698, dated June 20, 1961, all relating to the following premises, a tract of land at Duluth International Airport:

           the SE¼ of NW¼ of Section 35, Township 51 North, Range 15 West, in St. Louis County, Minnesota.

     BE IT FURTHER RESOLVED, that the proper city officials are authorized to execute and implement agreements containing substantially the terms of those on file with the clerk as Public Document No. __________ and in a form approved by the city attorney, which documents release Northern Natural Gas company from any liability for damage to the premises to date, approve the cleanup of the construction site and accept payment for the use of the land, as set out in the contract between the parties.

     BE IT FURTHER RESOLVED, that any money due to the city (amount expected to be less than $1,000) under the said contract shall be, and is, assigned to Duluth airport authority for its use.


STATEMENT OF PURPOSE:  In 1960, the Duluth airport authority had not been created. The city operated the airport. The city entered into a contract with Northern Natural Gas Company for use of a part of the land for a pipeline, and granted an easement. The pipeline has been operating there ever since. When DAA was created, it got legal control of the operations on the land. Last year, NNGC replaced a section of pipeline on their easement. The city engineer and the DAA head of operations inspected the completed project and have found it acceptable and properly cleaned up. They decided that the payment should go to DAA, because it is now in charge of the area.

 

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