04-080-O

ORDINANCE NO. __________


AN ORDINANCE DEDICATING STREET EASEMENT, AUTHORIZING CONVEYANCE OF UNDERLYING PROPERTY RIGHTS IN CRESCENT VIEW PARK TO ROBERT AND CYNTHIA BACKSTROM AND REPEALING ORDINANCE NO. 9524.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

     Section 1. That the city of Duluth does hereby dedicated to the general public an easement for street purposes over the following-described property in St. Louis County, Minnesota:

           Block Y, CRESCENT VIEW PARK DIVISION, according to the plat thereof.

     Section 2. That upon the recording of the easement in the office of the county recorder for St. Louis County, Minnesota, the proper city officials are hereby authorized to sell and convey, by quit claim deed, the following-described property in St. Louis County, Minnesota to Robert H. Backstrom and Cynthia M. Backstrom, husband and wife, as joint tenants, for the sum of $200, payable to General Fund 0100-700-1448-4640:

           that portion of Block Y, CRESCENT VIEW PARK DIVISION lying southerly of the following-described line:

                 beginning at the intersection of the center line of platted Crescent View Avenue and the centerline of platted 38th Avenue East; thence southeasterly along the centerline of platted 38th Avenue East to the centerline of platted East Fourth Street and the centerline of platted 38th Avenue East; thence continuing on the same line extended southeasterly to its intersection with the westerly right-of-way line of Third Street and then terminating.

     Section 3. That Ordinance No. 9524 is hereby repealed.

     Section 4. This ordinance shall take effect 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  The purpose of this ordinance is to allow the restructuring of previously approved agreement with Cynthia and Robert Backstrom to convey some unexercised and unnecessary street easement to them to allow the creation of a “buildable” lot while preserving a street easement for utilities and a pedestrian way as well as for the future extension of 38th Avenue East, should it ever be determined to be appropriate.


As can be seen from the attached plat map, when Crescent View Park was originally platted, the intersection between 38th Avenue East and Third Street was in the form of a “Y”, leaving a small triangle of land labeled Block Y adjacent to the Backstroms’ property. Block Y subsequently went tax forfeit.


The Backstroms asked that 38th be vacated adjacent to their property (Lot 19, Block 11) so that Lot 19 could become a “buildable” lot. The city, pursuant to Resolution No. 01-0461, vacated that portion of 38th lying beyond 33 feet from what would have been the center line of 38th if it intersected Third Street in a straight line instead of in the “Y” configuration. The city also committed to purchase Lot Y from the state through St. Louis County. The ultimate result sought was to convey unneeded street right-of-way to the Backstroms, creating a buildable lot, while retaining an “ordinary” street easement intersecting with Third Street.


These goals can be accomplished by the dedication of the new street easement over Block Y, followed by the sale of the portion below the hypothetical centerline of 38th Avenue East to the Backstroms, which is what this ordinance accomplishes. The problem with Ordinance No. 9524 is that it did not create a public dedication of the new street easement.


Pursuant to the ordinance, the Backstroms will reimburse the city for its costs of acquiring Block Y.


TAX BASE IMPACT SUMMARY


The tax impact of this transaction will be de minimus.