01-034-O
ORDINANCE NO. __________

AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT ACROSS THE EASTERLY TEN FEET OF LOTS 11-16, BLOCK 59, NEW DULUTH FIRST DIVISION.

BY COUNCILOR ECKENBERG:

The city of Duluth does ordain:

        Section 1.     The city of Duluth does hereby dedicate for public use and benefit a utility easement in, under, over, upon, across and along the following described tract or parcel of land lying and being in the county of St. Louis, state of Minnesota.  The tract or parcel is described as follows:  Lots 11 through 16, including part of vacated street adjacent to Lot 16, Block 59, New Duluth First Division; and the utility easement is more particularly described as follows:  the easterly ten feet of Lots 11 through 16, including part of vacated street adjacent to Lot 16, Block 59, New Duluth First Division.

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



STATEMENT OF PURPOSE:  The city owns Lots 11-16, Block 59, New Duluth First Division. These lots are on Commonwealth Avenue in Gary-New Duluth near the Stowe School.  Habitat for Humanity is building a small housing development in the area. Minnesota Power needs a ten foot utility easement across the front of the lots to provide electric power to four Habitat for Humanity homes.  Rather than dedicating an easement to Minnesota Power only for its electric lines, this easement dedicates a general utility easement which can also be used for water, gas and sewer (this would only be needed if the city at some time sold the lots).  Minnesota Power can use this easement because of its franchise allowing it to use all city street and utility easements.