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File #: 15-078-O    Name:
Type: Ordinance Status: Passed
File created: 9/4/2015 In control: Public Works and Utilities
On agenda: 9/14/2015 Final action: 9/17/2015
Enactment date: 9/17/2015 Enactment #: 10408
Title: AN ORDINANCE REDEDICATING AN EASEMENT FOR STREET AND UTILITY PURPOSES ON CITY-OWNED PROPERTY ADJACENT TO WOODLAND AVENUE AND GRANT ST. LOUIS COUNTY A TEMPORARY EASEMENT OVER VACATED 20TH AVE. E.
Attachments: 1. Exhibit A-Easement Agreement, 2. Exhibit B-City Easement, 3. Exhibit C-Temp Easement Agreement

Title

AN ORDINANCE REDEDICATING AN EASEMENT FOR STREET AND UTILITY PURPOSES ON CITY-OWNED PROPERTY ADJACENT TO WOODLAND AVENUE AND GRANT ST. LOUIS COUNTY A TEMPORARY EASEMENT OVER VACATED 20TH AVE. E.

 

Body

CITY PROPOSAL:

 

The city of Duluth does ordain:

 

                     Section 1.                     That the City of Duluth does hereby accept the conveyance of an easement for street and utility purposes from Glen M. and Melissa L. Jones over that portion of the following-described property in St. Louis County, Minnesota at no cost to the city, said property being described in that easement agreement attached hereto as Exhibit A and as depicted on the map attached as Exhibit A-1:

 

                                          That portion of the Northeast ½ of vacated 20th Avenue East bounded on the West by the East line of Woodland Avenue and the centerline of the alley, extended, between Lot 1, Block 11 and Lot 16, Block 11, all in HIGHLAND PARK ADDITION TO DULUTH and on the Southeast by a line lying 103.86 feet northwesterly of and parallel with the northwesterly line of platted 4th Street.

 

                     Section 2.                     That the city of Duluth does hereby dedicate to the general public a perpetual easement for street and utility purposes over that portion of Lot 9, Block 10, Highland Park Addition to Duluth in St. Louis County, Minnesota legally described below and as depicted on the map attached as Exhibit B:

 

                                          That portion of the Southwest ½ of vacated 20th Avenue East bounded on the West by the East line of Woodland Avenue, and on the Southeast by a line lying 103.86 feet Northwesterly of and parallel with the Northwesterly line of platted 4th Street.

 

                     Section 3.                     That the proper city officials are hereby authorized to enter into an agreement, substantially in the form of that attached hereto as Exhibit C, with St. Louis County granting said county a temporary easement over the following-described property in St. Louis County, Minnesota for street and utility purposes and for construction thereof, said easement to terminate upon the sooner of the completion of reconstruction of 4th Street by said county or December 31, 2017:

 

                                          That portion of vacated 20th Avenue East bounded on the Southeast by the Northwesterly line of 4th Street, and on the Northwest by a line lying 103.86 feet Northwesterly of and parallel with the Northwesterly line of platted 4th Street.

                     

 

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

 

Statement of Purpose

STATEMENT OF PURPOSE: The purpose of this ordinance is to rededicate a street and utility easement across city-owned property, to accept an easement from the adjacent property owners of a portion of the previously vacated easement for 20th Avenue East lying just south of Woodland Avenue, and to grant St. Louis County a temporary easement to allow them to keep 20th Avenue East open between Woodland 4th Street until construction is completed. 

 

When 20th avenue East was vacated between Woodland and 4th Street, the need for access to the alley on the east side of 20th and the needs for access of the home owner between the alley and 4th Street were not adequately considered.

 

This rededication and acceptance of the easement would correct this problem by restoring a small triangular piece of 20th to the status of a public street.  The grant of temporary easement will allow the County to keep 20th open until construction starts in 2016 and to deconstruct the street as part of the 4th Street project.