DISCLAIMER

06-029-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING GRANTING OF STORMWATER UTILITY 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 stormwater 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):

           An easement for stormwater utilities lying between a line 33 feet left of and 53 feet left of the following described centerline:

                 Commencing at the south quarter corner of Section 2, Township 50 N, Range 15 W, of the Fourth Principal Meridian; thence on an assigned bearing of N l° 14' 38" E along the north-south quarter line of said Section 2 for a distance of 270.02 feet to the centerline of Airport Road; thence northeasterly along a non-tangential curve for 140.70 feet, said curve having a radius of 763.94 feet, a central angle of 10° 33' 07", a chord bearing of N 72° 08' 36" E, and a chord distance of 140.50 feet to the POINT OF BEGINNING of the centerline to be described; thence continuing on a tangential curve a distance of 20.00 feet, said curve having a radius of 763.94 feet, a central angle of 1° 30' 01", a chord bearing N 78° 10' 10" E, and a chord distance of 20.00 feet and there terminating.

     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 stormwater utility 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 connector 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.