DISCLAIMER

 

06-025-O

ORDINANCE NO. __________


AN ORDINANCE DEDICATING AN EASEMENT FOR STREET RIGHT-OF-WAY PURPOSES FOR WEST TENTH STREET, BETWEEN 24TH AVENUE WEST AND 26TH AVENUE WEST.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

     Section 1. That the city of Duluth does hereby dedicate to the general public a perpetual easement for street right-of-way purposes over, under and upon the following-described property in St. Louis County, Minnesota:

           All of Lots One (1) through Twenty-Five (25), Block Five (5), Spaldings Addition, together with the alley located in said Block Five (5), lying between the northwesterly right-of-way of 25th Avenue West and a line connecting the southeasterly corner of Lot Twenty-Five (25) and the northeasterly corner of Lot Eight (8), Spaldings Addition.

           And, that portion of Block Twelve (12), Spaldings Addition, beginning at the easterly corner of Lot One (1), Block Twelve (12), Spaldings Addition, thence northwesterly along the northeasterly line of said Lot One (1), a distance of 123.32 feet; thence, southwesterly to the southerly corner of Lot Eleven (11), Block Twelve (12), Spaldings Addition; thence northeasterly along the northwest right-of-way of Tenth Street to the point of beginning.

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


STATEMENT OF PURPOSE:  The purpose of this ordinance is to dedicate parklands for street use within Lincoln Park on West Tenth Street between 24th Avenue West and 26th Avenue West. West Tenth Street, between Piedmont Avenue and 27th Avenue West, was added to the municipal state aid (MSA) system on April 26, 2004, under City Council Resolution 04-0272. The West Tenth Street alignment does not follow the platted right-of-way; instead, the bridge and corresponding street were constructed on city parklands. The West Tenth Street Bridge is scheduled to be rehabilitated in 2006 using federal and MSA funds. In order to utilize federal and MSA funding on this route, the right-of-way must be dedicated for street purposes. This ordinance was brought before the planning commission on May 9, 2006, and the parks commission on May 10, 2006. Both commissions approved of the ordinance. Resolution 06-0434, using similar language, passed council on June 12, 2006, but was not in ordinance format, as required by the county for recording.