00-033-O

ORDINANCE NO. __________

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF TWO PERMANENT HIGHWAY EASEMENTS AND ONE TEMPORARY CONSTRUCTION EASEMENT ADJACENT TO CONGDON BOULEVARD TO ST. LOUIS COUNTY.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

Section 1. That the city of Duluth hereby grants and conveys two permanent and one temporary easement for highway purposes to St. Louis County, Minnesota in the form of Public Document No. , over the following described land in St. Louis County, Minnesota:

All that part of Lots one (1), two (2) and three (3) and of the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of Section Nineteen (19), in Township fifty-one (51), North of Range twelve (12), West of the Fourth Principal Meridian, described as follows: Commencing at the northwest corner of said Lot two (2) of Section nineteen (19); thence easterly twenty-four hundred thirty-five (2435) feet along the north line of said Lots two (2) and one (1) to point of beginning; thence southwesterly eight hundred ninety-five (895) feet, at angle of one hundred twenty-eight (128) degrees and six (6) minutes to the right; thence southwesterly twenty-six hundred eighty-two and sixty-seven one-hundreds (2682.67) feet on a curve to the left, with a radius of ninety-one hundred seventy-two and thirty-nine one-hundredths (9172.39) feet; thence southwesterly eight hundred eighteen and five-tenths (818.5) feet, tangent to last described curve; thence southwesterly eleven hundred fifty-eight and thirty-three one-hundredths (1158.33) feet on a curve to the right, with a radius of twenty-eight hundred sixty-four and ninety-three one-hundredths (2864.93) feet; thence southwesterly seventy (70) feet tangent to last described curve, to the west line of said Lot three (3); thence southerly one hundred eighty-two (182) feet, more or less, along the west line of said Lot three (3) to the water line of Lake Superior; thence northeasterly fifty-nine hundred forty-two (5942) feet, more or less, along the water line of Lake Superior to the north line of said Lot one (1) thence westerly two hundred one (201) feet, more or less, along the north line of said Lot one (1) to point of beginning; containing 19.761 acres, more or less.
said easements being more particularly described as follows:
A permanent easement for highway purposes over, under and across that part of the above-described property lying northwesterly of a line which lies 100.00 feet southeasterly of the following described line:
Commencing at the southeast corner of Lot 19, Block 2, Greenwood Beach, located within Section Nineteen (19), Township Fifty-one (51), Range Twelve (12) West; thence South 56 degrees 26 minutes 43 seconds East a distance of 50.00 feet to a point on centerline in CSAH 61; thence northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 00 degrees 03 minutes 35 seconds, a distance of 7.98 feet to the Point of Beginning; thence continuing northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 1 Degrees 21 minutes 00 seconds, a distance of 180.00 feet, and said line there terminating.
Said permanent easement contains approximately 0.187 acres of additional highway right-of-way.

And as shown on "Exhibit A" made a part hereof; and

A permanent easement for highway purposes over, under and across that part of the above-described property lying northwesterly of a line which lies 100.00 feet southeasterly of the following described line:
Commencing at the Northeast Corner of Lot 14, Block 4, Greenwood Beach, located within Section Nineteen (19), Township Fifty-one (51), Range Twelve (12) West; thence North 54 degrees 45 minutes 06 seconds West a distance of 50.00 feet to a point on centerline in CSAH 61; thence northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 00 degrees 24 minutes 53 seconds, a distance of 55.31 feet to a point hereinafter designated as "Point A"; thence continuing northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 00 Degrees 45 minutes 00 seconds, a distance of 100.00 feet to the Point of Beginning; thence continuing northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 00 Degrees 45 minutes 00 seconds, a distance of 100.00 feet, and said line there terminating.
Said permanent easement contains approximately 0.105 acres of additional highway right of way; and
A temporary easement for highway construction purposes over, under and across that part of the first above-described property lying northwesterly of a line which lies 120.00 feet southeasterly of the following described line:
Beginning at "Point A" in the above described permanent easement; thence northeasterly along a tangential curve, concave to the Southwest with a radius of 7639.44 feet and a central angle of 2 degrees 37 minutes 30 seconds, a distance of 350 feet, and said line there terminating.
Said temporary easement contains approximately 0.432 acres and shall expire on December 31, 2001.

And as shown on "Exhibit B" attached hereto and made a part hereof.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance grants St. Louis County two permanent easements and one temporary construction easement for the replacement of two culverts under Congdon Boulevard. The improvements will consist of the placement of a 40 foot by 10 foot and a 10 foot by 10 foot reinforced concrete pipe, as well as approach and slope grading and seeding. These culverts will replace existing undersized pipes and should diminish flooding and washouts in the areas.