DISCLAIMER

 

07-0211R


RESOLUTION AUTHORIZING EXECUTION OF PARTIAL RELEASE OF TISCHER CREEK RECREATIONAL TRAIL EASEMENT OVER UNAFFECTED PROPERTIES.

BY COUNCILOR REINERT:

     RESOLVED, that the proper city officials are authorized to execute a partial release of public recreational trail easement, a copy of which is on file in the office of the city clerk as Public Document No. ____________, for the following-described properties in St. Louis County, Minnesota, which are restricted by a recreational trail easement adjacent to Tischer Creek which is not located on them:

           Lot 13, Block 35, lots 6 through 10, inclusive, Block 36; Lots 9 through 16, inclusive, Block 37; Lots 5 and 6, Block 38; Lots 14, 15 and 16, Block 39; and Lots 3, 4 and 5, Block 50, all in REARRANGEMENT OF THE PART OF EAST DULUTH AND OF FIRST ADDITION TO EAST DULUTH.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize execution of partial release of easement, releasing a recreational trail which impacts the title to property upon which the actual easement is not located.


The affected property was originally part of the Congdon property along London Road which was donated to the University of Minnesota. The university determined that some of the property not actually contiguous with Glensheen was surplus to the university’s needs and should be sold to assist in the support of the facility but, before selling the property, they conveyed a recreational trail easement to the city, at no cost, running 100 feet either side of Tischer Creek. Unfortunately in listing on the easement document the properties burdened or impacted by the easement they used the legal description of all of the property they were in the process of selling which included land well away from Tischer Creek that was not touched by the trail easement. And because it was shown as “burdened” on grant of easement, the county recorder’s office recorded the easements against those properties as well as the ones with the easement on them.


This problem was brought to our attention by the Kallighers who purchased a part of the burdened property which is a block or more from the actual trail easement but are still dealing with the trail easement affecting their title.


As is obvious from the attached map, the actual trail easement along Tischer Creek does not impact the Kalligher property or the other property covered by the proposed release. The release of easement from these properties only assists them and other future property owners in securing clear title to their properties and has no negative effect on the city or on the trail easement.