Title
AN ORDINANCE GRANTING IPS CRANES A CONCURRENT USE PERMIT FOR AN AT-GRADE RAILROAD CROSSING OF THE PLATTED STREET RIGHT-OF-WAY OF SOUTH 59TH AVENUE WEST BETWEEN THE BURLINGTON NORTHERN SANTA FE MAINLINE AND WASECA INDUSTRIAL ROAD.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions, limitations and restrictions hereinafter set forth, permission is granted to IPS CRANES, and its successor(s) in interests, referred to herein as the permittee, to construct and maintain an at-grade railroad crossing on that property legally described in subsection (a) below and as shown in Exhibit A:
a) A 30 foot wide area of South 59th Avenue West right of way to be used for railroad purposes, described as follows:
The centerline of said area is described as follows: Commencing at the northwest corner of Outlot A of Hallett Industrial Park Plat, City of Duluth, St. Louis County, Minnesota; Thence south 00 degrees 04 minutes 54 seconds east 52.69 feet along easterly right of way line of South 59th Avenue West to the point of beginning: Thence north 73 degrees 47 minutes 06 seconds west 104.19 feet more or less to the westerly right of way line of South 59th Avenue West and there terminating. The sidelines of said area are to be prolonged or shortened to terminate at the westerly and easterly right of way lines of South 59th Avenue West.
Section 2. The City Council finds that the proposed expansion of the IPS Cranes manufacturing facility on Waseca Industrial Road cannot proceed without upgrading the railroad access, which is contingent upon the requested new at-grade railroad crossing of South 59th Avenue West. The City Council further finds that the granting of the Concurrent Use Permit for the new at-grade railroad crossing of South 59th Avenue West will promote the health, safety and general welfare of the City; and ...
Click here for full text