RESOLVED, that the proper city officials are hereby authorized to enter into an agreement, a copy of which is on file in the office of the city clerk as Public Document No. ___________, with the Judson Hatfield Trust to acquire an easement over the below-described property in St. Louis County, Minnesota for the sum of $40,000, payable from Fund 450, Agency 030, Object 5520, Project No. CP-2005-C0502:

           Portions of Lots 14, 15 and 16, Block 38, REARRANGEMENT OF PART OF EAST DULUTH and of FIRST ADDITION TO EAST DULUTH.

STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize an agreement with the Judson Hatfield Trust to acquire an easement over approximately 6,850 square feet of property lying above the North Shore Scenic Railroad tracks east of 32nd Avenue East for the extension of the Lakewalk.

The Lakewalk is currently planned to connect its present terminus at 26th Avenue East all the way to Brighton Beach. Except for the trust property, the city currently has easement which will allow construction to at least 38th Avenue East and also has grant funding which will allow construction to at least 36th. However, to maintain that funding the city must certify that it owns or controls the necessary right of way prior to the end of the year. Thus acquisition of the easement from the trust is critical to maintaining the funding availability.

The Hatfields purchased a home site from UMD lying between 32nd Avenue East and Tischer Creek and north of the railroad tracks and built a home for the family which includes their minor son, Judson, on it; the title to the property was placed in a trust for Judson. Title to the property is subject to an easement for trail purposes running along Tischer Creek which UMD reserved and subsequently transferred to the city.

Because of Judson’s situation, the family is very concerned about the possible negative consequences which might arise from Judson’s interaction with the Lakewalk and its users. The agreement for acquisition of the easement includes conditions which will result in limiting access between the Lakewalk and the home site and also provisions which will limit any trail development along Tischer Creek to the status of a Class 3 trail as defined by the U.S. forest service.