ORDINANCE NO. __________



The city of Duluth does ordain:

     Section 1. That the city hereby designates the property interest described in Section 3 below as being surplus to the city’s future needs, and hereby declares its intention to alienate its interest in same.

     Section 2.  That the city finds that the grant of a sewer easement to Rice Lake Township without bid and at no cost to Rice Lake Township will assist Rice Lake Township in developing better sanitary conditions for its residents, will foster good will and cooperation between governmental subdivisions, and is specifically allowed under Minnesota Statute 465.035.

     Section 3. That the proper city officials are hereby authorized to grant to Rice Lake Township a sewer easement on, over, under and across the property in St. Louis county, Minnesota, described below and to approve the grant of such easement if and when offered by the Duluth airport authority pursuant to Laws, 1969, Chapter 577, Section 5, subd. 2(e):

           A 50.00 foot wide easement for sanitary sewer purposes, lying over, under and across all that part of the SE¼ of SE¼, Section 1, Township 50 North, Range 15 West of the Fourth Principal Meridian and the W½ of SW¼ of SW¼, Section 6, Township 50 North, Range 14 West of the Fourth Principal Meridian, St. Louis County, Minnesota, the centerline of said easement is described as follows:

                 Commencing at the west quarter corner of said Section 6; thence on an assumed bearing of north 89 degrees 46 minutes 10 seconds east, along the north line of the NW¼ of SW¼, Section 6, Township 50, Range 14, a distance of 511.35 feet to the point of beginning of said centerline; thence south 14 degrees 38 minutes 19 seconds west, a distance of 1326.98 feet to the south line of said NW¼ of SW¼; thence south 18 degrees 30 minutes 10 seconds west, a distance of 367.08 feet; thence south 00 degrees 11 minutes 39 seconds west, a distance of 636.88 feet; thence south 44 degrees 39 minutes 40 seconds west, a distance of 79.20 feet; thence south 00 degrees 11 minutes 54 seconds west, a distance of 277.53 feet to the south line of said Section 1 and there terminating.

           The sidelines of said easement shall be prolonged or shortened to terminate on the north line of said NW¼ of SW¼ and said south line of Section 1.

     Section 4. That this ordinance shall take effect 30 days after its passage and publication.

STATEMENT OF PURPOSE:  The city of Duluth owns a sewer line and water line which traverse portions of property owned by the city of Duluth and managed by the airport authority. Rice Lake desires to extend a sewer line upstream of the Duluth sewer line to provide sanitary sewer service to certain homes and businesses within Rice Lake. The purpose of this ordinance is to authorize the grant of a sewer line easement to Rice Lake township and to approve the grant thereof 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. From a title standpoint, the city is the owner of the property on all property records.

The city assessor’s opinion of fair market value for the easement is $2,300. No tax base impact will occur since the property currently is not taxed and will not be taxed after the easement is granted.