WHEREAS, the city of Duluth is the owner of all property adjacent on either side to that street on the Plat of Airport Division platted as Taylor Circle and the spur street to the northwest thereof constituting all of the lineal frontage thereof; and

        WHEREAS, the above-referenced property is either leased to Cirrus Design, Inc. (Cirrus), or is vacant and the most likely user of said vacant property is Cirrus; and

        WHEREAS, the city council has determined that there is no present public need and necessity to maintain the easement for Taylor Circle and said spur street as public street easements if an easement for utilities is retained on the west side of the westerly leg of Taylor Circle; and

        WHEREAS, the city has been negotiating with Cirrus and has reached conceptual agreement with said corporation for the development of an aviation incubator facility at the airport; and

        WHEREAS, after reviewing all reasonable alternatives, the city has determined that said aviation incubator facility should be constructed in such a location as to necessitate the vacation of said Taylor Circle and the spur street; and

        WHEREAS, there is a need to proceed with the construction of said aviation incubator facility on an immediate basis in order to avoid the costs and delays related to winter construction and to insure the completion of said incubator facility in a timely manner and within the time frames required by the project's funding sources.

        RESOLVED, that subject to the procedures contained in Article IV of Chapter 45 of the Duluth City Code, 1959, as amended, and to the signing of any documents which the city deems necessary for the construction and operation of said aviation incubator facility, the city council hereby expresses its intention to vacate that street and street easement platted as Taylor Circle and the spur street easement generally at the northwest corner thereof on the Plat of Airport Division, on file in the office of the registrar of titles for St. Louis county, Minnesota, subject to the reservation of an easement for utility purposes along the westerly side of the westerly leg of said Taylor Circle, which retained utility easement shall have been approved by the city engineer.

        RESOLVED FURTHER, that the city's building official is hereby authorized to issue permits for the construction of the footings and foundations of said aviation incubator facility on the property currently occupied by the easement for said Taylor Circle, subject to the compliance of the plans therefore with the Minnesota state building code.

STATEMENT OF PURPOSE:  The purpose of this resolution is to indicate the council's intention to vacate the existing street easement for Taylor Circle and a spur street easement on the north corner thereof on the old airbase property at the Duluth International Airport to allow construction of the new aviation incubator facility in conjunction with Cirrus Design, Inc.

When the department of defense closed the Duluth Air Force base at the airport, they deleted a large amount of city-owned land, occupied by buildings, from their lease. These buildings had been originally built without regard to any legal descriptions because, for Air Force operating purposes, it was unnecessary. However, when the land and buildings were deleted from their lease, the city and its agent, the DAA, were face with trying to lease out the buildings and the land around them without benefit of legal descriptions.

In order to deal with this practical problem, the federal government agreed to pay for platting the deleted properties and a plat, the Plat of Airport Division, was prepared and approved which created lots around each building and included platted streets which would be necessary to allow the separate development of each building and lot as conforming to the city zoning code. Taylor Circle and the spur alley to the north of it were originally created to give street frontage to the land which became Lots 16, 17, 18 and 19 in Block 4 of Airport Division.

Instead of the development of each of the individual lots as contemplated by the platting process, Cirrus Design has become, or is expected to become, the occupant of all of those lots referenced above as well as Lots 4 and 20 and Lot 1, Block 5, which would make them the long-term tenant and user of all of the property around Taylor Circle. Given this state of affairs, Taylor Circle becomes superfluous and of no public use.

In the meantime, the Cirrus Phase III project, the aviation incubator, which was originally slated for property to the west of its current facilities, had to be moved to the vicinity of Lot 1, Block 5 because of unbuildable soils being located on the site originally intended for that facility. However, construction at this location would necessitate vacation of Taylor Circle.

Because of the impending onset of winter and the need to proceed expeditiously to construction of the facility, it is necessary to commence construction before a formal vacation process is completed. Therefore, this resolution expresses the council's intent to vacate the street easements, subject to going through the proper procedures as mandated in Article IV of Chapter 45 of the City Code. The resolution also calls for the retention of any necessary utility easements to insure that there are easements in place for all public utilities presently in the easement.

In addition the resolution authorizes the issuance of building permits for footings and foundations which would not normally be issued until the vacation process was completed.