04-058-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING DEDICATION OF A STREET EASEMENT OVER CERTAIN CITY PROPERTY IN THE ENGER PARK AREA AND THE SALE OF THE REMAINDER TO PETER L. AND JUDITH A. GEMUENDEN.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

     Section 1. That the proper city officials are hereby authorized to convey and dedicate to the general public an easement for street and roadway purposes over the following described property in St. Louis County, Minnesota, and to execute all documents necessary thereto:

           An easement for street and utilities over, under and across that part of Southeast Quarter of Southwest Quarter (SE1/4 of SW1/4), section Twenty-eight (28), Township Fifty (50) North, Range Fourteen (14) West of the Fourth Principal Meridian, according to the U.S. Government Survey thereof, described as follows:

                 Commencing at the most westerly corner of Lot 192, Block 101, DULUTH PROPER THIRD DIVISION, thence southwesterly along the extension of the northwesterly line of said Block 101 a distance of 58.79 feet to the intersection with the westerly line of said plat of DULUTH PROPER THIRD DIVISION and said intersection being the point of beginning of the easement to be described; thence continue southwesterly along the last described line a distance of 75.03 feet; thence deflect 41°-47'-24" to the left in a southerly direction along a line 50.00 feet distant and parallel with the said east line of said Southeast Quarter of Southwest Quarter (SE1/4 of SW1/4) a distance of 75.03 feet; thence deflect 138°-12'-36" to the left in a northeasterly direction a distance of 75.03 feet to said east line; thence deflect 41°-47'-24" to the left in a northerly direction along said east line a distance of 75.03 feet to the point of beginning.

     Section 2. That upon recording of the easement granted pursuant to Section 1. above in the office of the county recorder for St. Louis County, Minnesota, the proper city officials are hereby authorized to sell and convey the following described property in St. Louis County, Minnesota, by quit claim deed, to Peter L. and Judith A. Gemuenden for $22,581,to be deposited in General Fund 0100-700-1448-4640, and to execute all documents necessary with regard to said conveyance:

           That part of Southeast Quarter of Southwest Quarter (SE1/4 of SW1/4), Section Twenty-eight (28), Township Fifty (50) North, Range Fourteen (14) West of the Fourth Principal Meridian described as follows:

                 Commencing at the most westerly corner of Block 101, Duluth Proper Third Division, thence southwesterly along the extension of the northwesterly line of said Block 101 a distance of 58.79 feet to the intersection with the westerly line of said plat of Duluth Proper Third Division and said intersection being the point of beginning of the parcel of land to be described; thence continue southwesterly along the last described line a distance of 75.03 feet; thence deflect 41°-47'-24" to the left in a southerly direction along a line 50.00 feet distant and parallel with said east line of said Southeast Quarter of Southwest Quarter (SE1/4 of SW 1/4) a distance of 127.55 feet; thence deflect 41°-47'-24" to the right in a southwesterly direction a distance of 36.09 feet; thence defect 90°-00'-00" to the left in a southeasterly direction a distance of 75.00 feet; thence deflect 90°-00'-00" to the left in a northeasterly direction a distance of 27.20 feet to said east line of said Southeast Quarter of Southwest Quarter (SE1/4 of SW1/4); thence deflect 41°-47'-24" to the left along said easterly line a distance of 240.09 feet to the point of beginning.

     Section 3. That 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 dedication of a street and utility easement over property to the east of Enger Park Golf Course to the general public and to sell approximately 11,000 square feet of property remaining to an adjacent property owner.


Due to inaccurate land surveying methods when the original home was constructed, it was built partially upon City-owned property near Enger Golf course and partially upon the correct property. This error was recently discovered. The size and configuration of the parcel to be purchased will allow the owners of the house (the Gemuendens) to correct their title problem and render the lot upon which the house is located “legally buildable” along with incorporating additional yard, well, outhouse, woodshed, and other outdoor storage space traditionally utilized by previous and current homeowners.


The Gemuendens have agreed to the City retaining the permanent street and utility easement to allow for possible future access to City-owned property immediately to the west. The establishment of this easement is necessary due the existing topography and rock formation present in the platted street right-of-way for West Eight Street.


The parks and recreation commission approved this land sale at their December 13, 2000 meeting. The planning commission similarly approved this land sale (FN 01007) at their February 13, 2001, meeting.