00-032-O

ORDINANCE NO. __________

AN ORDINANCE CONVEYING TO SSG CORPORATION AN EXISTING CITY SEWER EASEMENT ON LOT 1, RONDING ACRE TRACTS AND ADJACENT PROPERTY IN THE CITY OF HERMANTOWN AND ACCEPTING FROM SSG CORPORATION THE DEDICATION OF A REPLACEMENT SEWER EASEMENT IN SAID PROPERTY.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

Section 1. The proper city officials, in consideration of the replacement easement dedicated in Section 2 herein, are hereby authorized to convey the easement described in this section by quitclaim deed to SSG Corporation, a Wisconsin corporation with principal offices in Hudson, Wisconsin, and to execute all documents necessary for said conveyance. The easement to be conveyed to SSG Corporation lies entirely within the city of Hermantown, Minnesota, and is described as follows:

In a parcel described as:
The east 333 feet of the E½ of the SE¼ of the NE¼ of Section 13, T. 50 N. of R. 15 W. of the 4th P.M. lying north of Highway No. 53, described as follows:  all that part of the E½ of SE¼ of NE¼ of Section 13, T. 50 N. of R. 15 W. of the 4th P.M. according to the Government Survey thereof, lying north of State Highway No. 53, formerly State Highway No. 11, described as follows:  commencing at the SE corner of said land, thence in a northerly direction 301.67 feet to the point of beginning; thence at an angle of 57 36' in a northwesterly direction along the north line of said Highway No. 53, 394.25 feet; thence at an angle of 27 53' in a southeasterly direction 334.04 feet; thence at an angle of 94 31' in a southerly direction along the center line of Haines Road 185 feet to the point of beginning;
an easement more particularly described as:
A strip of land 20 feet in width and being ten feet on each side of a line described as follows, including the extension and shortening of the side lines for termination at the property lines:  commencing at the southeast corner of the SE¼ of NE¼ of Section 13, T. 50 N. of R. 15 W. of the 4th P.M., thence north along the east line of said SE¼ of NE¼ for a distance of 437.17 feet to a point, thence to the left at an angle of 59 23' for a distance of 38.34 feet to a point on the west line of Haines Road, said point being the point of beginning, thence continuing northwesterly along aforesaid line for a distance of 73.51 feet to a point on the south line of Lot 1, Ronding Acre Tracts, said point being 63.46 feet westerly of the southeast corner of Lot 1, Ronding Acre Tracts;
and
In Lot 1, Ronding Acre Tracts, an easement more particularly described as: a strip of land 20 feet in width and being ten feet on each side of a line described as follows, including the extension and shortening of the side lines for termination at the property lines:  commencing at the southeast corner of Lot 1, Ronding Acre Tracts, thence west along the south line of said Lot 1, for a distance of 63.46 feet to the point of beginning, thence to the right at an angle of 26 06' for a distance of 181.47 feet to a point, thence to the right at an angle of 28 47' for a distance of 45.27 feet to a point on the north line of said Lot 1, said point being 57.52 feet east of the northwest corner of Lot 1, Ronding Acre Tracts.
Section 2. The proper city officers are hereby authorized to accept the dedication of a utility easement from SSG Corporation to replace the easement conveyed in Section 1 of this ordinance, said easement described as:
In a parcel described as:
The southerly 185 feet of that part of the easterly 334.04 feet of the SE¼ of the NE¼ of Section 13, Township 50 North, Range 15 West lying north of Highway No. 53;
a utility easement more particulary described as:
A strip of land 20 feet in width and being ten feet on each side of a line described as follows, including the extension and shortening of the side lines for termination at the property lines:  commencing at the southeast corner of the SE¼ of NE¼ of Section 13, T. 50 N. of R. 15 W. of the 4th Principal Meridian; thence north along the east line of said SE¼ of NE¼ for a distance of 456.73 feet to a point; thence to the left at an angle of 90 for a distance of 33.00 feet to a point on the west line of Haines Road, said point being the point of beginning; thence at an angle of 149 20' 07" in a northwesterly direction 6.20 feet; thence at an angle of 149 16' 52" in a westerly direction 159.00 feet; thence at an angle of 145 53' 23" in a northwesterly direction 82.50 feet; thence at an angle of 124 06' 37" in a northerly direction 1.80 feet to a point on the south line of Lot 1 Ronding Acres, said point being 62.66 feet easterly of the southwest corner of Lot 1, Ronding Acre Tracts;
and
In Lot 1, Ronding Acre Tracts, a utility easement more particularly described as: a strip of land 20 feet in width and being ten feet on each side of a line described as follows, including the extension and shortening of the side lines for termination at the property lines:  commencing at the southwest corner of Lot 1, Ronding Acre Tracts, thence east along the south line of said Lot 1, for a distance of 62.66 feet to the point of beginning, thence at an angle of 85 25' 46" in a northerly direction 97.20 feet; thence at an angle of 154 14' 50" in a northwesterly direction 21.00 feet to a point on the north line of Lot 1, Ronding Acre Tracts, said point being 57.52 feet east of the northwest corner of Lot 1, Ronding Acre Tracts.
Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE:  SSG Corporation is building an "Auto Stop" convenience store at the intersection of the Haines Road and Miller Trunk Highway in the city of Hermantown.  Both the cities of Hermantown and Duluth had sanitary sewer mains running directly beneath the proposed building site.  Both cities agreed to vacate their existing easements and sewer mains and accept new easements and sewer mains rerouted around the new building.  Replacement of the sewer is being paid for by the SSG Corporation.  This ordinance conveys the old easement to SSG Corporation and accepts the dedication of the new one.  Since the easement is located outside of Duluth, our normal vacation procedures are inapplicable.  Hermantown has already completed their easement replacement.