DISCLAIMER

07-052-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN THE RIVERSIDE AREA KNOWN AS TALLUS ISLAND TO THE STATE OF MINNESOTA.

BY COUNCILOR JOHNSON:

The city of Duluth does ordain:

     Section 1. That the proper city officials are hereby authorized to reconvey the below-described property in St. Louis County, Minnesota, previously free-conveyed to the city, to the state of Minnesota:

           Parcel 1 (2746-00290)

                 Lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that part of Government Lot 2 lying SE’ly of the SE’ly right-of-way of the St. Paul and Duluth and Northern Pacific Railway including riparian rights.

                 EXCEPT: That part of Government Lot 2 beginning at the intersection of the south line of Lot 2 and the SE’ly right-of-way of the St. Paul and Duluth and Northern Pacific Railway; thence E’ly along the south line of said Lot 2 a distance of 150 feet to a point; thence deflect to the left and continue in a straight line to a point on the SE’ly line of said railway right-of-way said point distant 150 feet northeast of the point of beginning; thence deflect to the left and continue SW’ly along the SE’ly line of said railway right-of-way a distance of 150 feet to point of beginning and there terminating.

                 EXCEPT FURTHER: That part of Government Lot 2 commencing at the point of intersection of the south line of Lot 2 and the SE’ly right-of-way of the St. Paul and Duluth and Northern Pacific Railway; thence NE’ly along the SE’ly line of said railway right-of-way a distance of 1064 feet to point of beginning; thence deflect 44° 12' 27" to the right a distance of 105.44 feet to a point; thence deflect 85° 16' 07" to the left a distance of 111.92 feet more or less to a point on the SE’ly line of said railway right-of-way; thence deflect to the left and continue SW’ly along the SE’ly line of said railway right-of-way a distance of 160 feet more or less to point of beginning and there terminating.

           Parcel 2 (2746-00245)

                 Lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that part of Government Lot 1, including riparian rights, lying S’ly of the Northern Pacific Short Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and except a strip of land 75 feet wide and adjoining the Northern Pacific Main Line right-of-way and formerly used as right-of-way by Duluth Transfer Railway 2 67/100 acres, also except that part lying north of Grand Avenue 72/100 acres and except a strip of land adjacent to the Old Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, Recorder of Deeds, Book 686, Page 440.

                 EXCEPT: That part of Government Lot 1 lying S’ly of the Northern Pacific Short Line right-of-way and N’ly of the Old Transfer Railway right-of-way.

                 EXCEPT FURTHER: That part of Government Lot 1 lying S’ly of the Northern Pacific Main Line right-of-way and lying N’ly of a line parallel to and lying 305 feet S’ly of the north line of said Government Lot 1.

     Section 2. 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 reconveyance of the above property, known as Tallas Island, located near the Riverside Neighborhood to the State of Minnesota.


The property was acquired by the City via free-conveyance from the State in 1973 and 1980. Both free conveyances were for parks and recreation purposes. The Western Waterfront Trail crosses both parcels, the exceptions within the legal description are meant to retain those portions of these parcels which include the Western Waterfront Trail.


The property, as described, is to be reconveyed in conjunction with the St. Louis River Interlake Duluth Tar Superfund Project (SLRIDT). Once re-conveyed, this property will later be conveyed to the Minnesota Department of Natural Resources (MnDNR) who will work with MnPCA in dredging approximately 100,000 cu. yds of sediment from the Tallas Island Site. The dredged material will be hauled via barge to Stryker Bay where it will be applied as capping material. Once dredged, the Tallas Island site will be managed by MnDNR as an aquatic management area.


The Parks and Recreation Commission reviewed and approved this reconveyance request at their June 13, 2007 meeting. The Planning Commission took similar action to approve this request at their July 10, 2007 meeting.


This ordinance would authorize reconveyance to the State so that this plan can be implemented.