04-035-O

ORDINANCE NO. __________

AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN HARBORVIEW TO THE STATE OF MINNESOTA.

BY COUNCILOR GILBERT:

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: Lots 2 through 12, even numbered lots, and the westerly 1/2 of Lot 14, Block 153, DULUTH PROPER Third Division.

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, located in Harborview at Lake Avenue and 11th Street, and the building on it which had been used as a community center, to the state of Minnesota.

The property, originally consisting of all of Lots 2, 4, 6, 8, 10, 12 and 14, was originally tax forfeited property which was conveyed to the city at no cost to be used exclusively as a public park for skating and playground purposes. For reasons which are not clear on the record the easterly 1/2 of Lot 14 was simultaneously reconveyed to the state. A community center was constructed on the property and the property was subsequently used as a neighborhood recreation center.

Because the city received a "limited fee title" to the property it cannot change the use of the property to another use; nor can it sell the property to another party for any different use. However, with the planned redevelopment of the Harborview development and the accompanying replatting and reconstruction of the entire area, HRA as the owner of the project has decided that it best put to other uses and so they have requested that the city re-convey the property to the state so that the commissioner of revenue can reconvey it to HRA for uses compatible with newly-redeveloped neighborhood.

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