00-010-O

ORDINANCE NO. __________

AN ORDINANCE AUTHORIZING CONVEYANCE OF NO-BUILD EASEMENT TO ST. LOUIS COUNTY FOR TRAIN MUSEUM REPAIR FACILITY.

BY PRESIDENT GILBERT:

The city of Duluth does ordain:

Section 1. That the proper city officials are hereby authorized to convey at no cost a no-build easement over the property in St. Louis County, Minnesota described on Public Document No. ____________________, on file in the office of the city clerk, to St. Louis County for the benefit of the Lake Superior Museum of Transportation, and to execute all documents necessary with regard to said conveyance.

Section 2. This ordinance shall take effect 30 days from and after its passage and publication.



STATEMENT OF PURPOSE: The purpose of this ordinance is to authorize the conveyance of a no-build easement over certain property to St. Louis County for the benefit of the Lake Superior Museum of Transportation.

The city had previously conveyed property lying between 7th and 8th Avenues West between Michigan Street and the railroad tracks to the county to allow the train museum to construct a rail car maintenance and rebuilding facility. When the design of the needed facility was done, it was discovered that, given its design, it was too close to the property line separating the museum's property from the city's remaining property.

The only options available to the museum was to reduce the size of the building which would result in a structure which did not fully meet their needs, to redesign the building using different construction methods which would substantially increase their costs of construction or to obtain additional property or a no-build easement from the city so that the building as originally designed could be constructed without violating applicable building codes.

The resulting no-build easement will cover two triangular shaped pieces of property, one about 13 feet wide by 80 feet long and the other about 15 feet wide by about 115 feet long. Both parcels are located on property which slopes sharply toward the railroad tracks and property management has determined that the granting of these easements will not have a negative impact on the city's plans for future use of the property.