DISCLAIMER

 

06-027-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING GRANTING OF STREET EASEMENTS OVER CITY-OWNED PROPERTY AT DIAP.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

     Section 1. That the proper city officials are hereby authorized to grant easements for road and utility purposes to the general public over and across the property in St. Louis County, Minnesota, described below and to accept on behalf of the public the dedication of such easements if and when offered by the Duluth Airport Authority pursuant to Laws, 1969, Chapter 577, Section 5 Subd. 2(e):

     Parcel 1.

           That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 50 North, Range 15 West of the Fourth Principal Meridian lying south of Airport Road, lying west of Lot 5, Block 3, Airport Division, and easterly of the following described line A.

                 Line A is described as follows: Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 2; thence easterly for a distance of 378.96 feet along the south line of said Section 2 to the POINT OF BEGINNING of Line A; thence northerly deflecting 90 degrees 11 minutes 54 seconds for 304.50 feet more or less to the southerly right-of-way line of Airport Road and there terminating.

           And lying northerly of Line B.

                 Line B is described as follows: Commencing at the terminus of line A; thence southerly along line A for a distance of 55.00 feet to the POINT OF BEGINNING of line B; thence northeasterly to a point that lies 10 feet south of the southerly right-of-way line of Airport Road and 45.00 feet easterly of the above-described line A; thence easterly parallel with and 10 feet south of the southerly right-of-way line of Airport Road to the west line of said Lot 5, Block 3, Airport Division and there terminating.

     Parcel 2.

           The northerly 10.00 feet of Lots 4 and 5, Block 3, Airport Division.

     Parcel 3.

           That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 50 North Range 15 West of the Fourth Principal Meridian lying south of the south right of way line of Airport Road, and lying easterly of Line A and westerly of a line 66.00 feet easterly of and parallel to said Line A:

                 Line A is described as follows: Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 2; thence easterly for a distance of 312.96 Feet along the south line of said Section 2 to the POINT OF BEGINNING of Line A; thence northerly deflecting 90 degrees 11 minutes 54 seconds for a distance of 304.50 feet more or less to the south line of Airport Road.

     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 authorize the creation of public street easements on city-owned property at the Duluth International Airport and to approve the grant thereof by the Duluth Airport Authority in conjunction with certain roadway improvements to be made as part of the Cirrus expansion. The easements are necessary to secure State funding assistance of the construction of an expansion of Airport Road and the construction of a new connecter road, referred to as “Cirrus Drive” to better connect Airport Road and the developments located along it, including Cirrus, to Highway 53.


This ordinance not only formalizes the grant of easement to the public but also approves the grant to the public by the Duluth Airport Authority. Pursuant to the statute which created the airport authority, it has the ability to convey a permanent interest in real property under its jurisdiction, such as the property in question, only with the approval by the city as evidenced by an ordinance. And from a title standpoint “the city” is the owner of the property on all property records.