DISCLAIMER

 

05-0652R


RESOLUTION ACCEPTING DONATION OF EASEMENT FROM WALGREEN COMPANY FOR MAINTENANCE OF CHESTER CREEK AT 13TH AVENUE EAST AND SUPERIOR STREET.

BY COUNCILOR STOVER:

     RESOLVED, that the proper city officials are authorized to accept the donation of an easement for the reconstruction and maintenance of Chester Creek over the following-described property substantially in the form of that on file in the office of the city clerk as Public Document No. __________ from Walgreen Comapny at no cost to the city:

           Lots 1, 2, 3, 4 and 5, Block 12, BANNING AND RAY’S SUBDIVISION OF DULUTH.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize the acceptance of the donation of an easement for the reconstruction of and future maintenance of Chester Creek as it runs through the property adjacent to the Walgreen store located on the upper side of Superior Street between 13th and 14th avenues East.


For years, Chester Creek has been used as part of the city’s storm water drainage system, but the city has not had legal easements over the entire length of it. Now, the lower portion needs to be reconstructed, including the part on the Walgreen store property, but the city has no legal right to enter on the property to perform the required work.


Walgreen is willing to donate an easement to the city not only for the required work but also for all required future maintenance of the creek as part of the city’s stormwater system.