07-0633R


RESOLUTION AUTHORIZING EXECUTION OF AMENDED EASEMENT AGREEMENT FOR PUBLIC UTILITIES WITH DULUTH UNITED, LLC.

BY COUNCILOR JOHNSON:

     RESOLVED, that the proper city officials are authorized to enter into an amended easement agreement for public utility purposes at the site of the United Health Care development, a copy of which is on file in the office of the city clerk as Public Document No. ___________________ with Duluth United, LLC, at no cost to the city.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize an amended easement agreement with Duluth United, LLC, to increase the scope of an easement to include all public utilities.


When the United Health Care project off Rice Lake Road was first constructed, the city received an easement for a natural gas line along part of the north side of the property to allow extension of a gas line to the project. The city had originally proposed that the easement include all utilities but the developer requested that it be limited to the gas line as it was the only utility planned to occupy the corridor in question at that time.


However, with the further development proposed to the north and east of the UHC development, there is a need to extend other utilities in this corridor. The owner of the UHC development is now agreeable to expanding the scope of the easement to include all public utilities and is willing to do so at no cost to the city. This agreement would implement that agreement.