DISCLAIMER

 

06-001-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN THE ENGER PARK/ARLINGTON AVENUE AREA 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:

           South 1/2 of north 1/2 of west 1/2 of northeast 1/4 of southeast 1/4, Section 29, Township 50 North, Range 14 West, of the Fourth Principal Meridian. Except 5/10 acre for existing Arlington Avenue.

           Except that portion of said property described as follows:

                 Beginning at the southeast corner of said south 1/2 of north 1/2 of west 1/2 of northeast 1/4 of southeast 1/4; thence westerly along the south line of said parcel a distance of 130 feet to a point; thence turning to the right and continuing northeasterly in a straight line to the northeast corner of said parcel; thence turning to the right and continuing southerly along the east line of said parcel to the point of beginning and there terminating.

     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 adjacent to Enger Park Golf Course and Arlington Avenue to the state of Minnesota.


The property was originally tax forfeited property which was conveyed to the city in 1989 at no cost to be used “exclusively for park and recreational purposes, to wit, construction of a new nine-hole golf course addition at Enger Park Golf Course.”


Because the city received a “limited fee title” to the property, it cannot change the use of the property to another use; nor can the city sell the property to another party for any different use.


Since the expansion of Enger Park Golf Course is now complete, the portion of the above property described in this resolution is no longer needed for golf course expansion purposes. Therefore the city is obligated to reconvey that part to the state.


The following have reviewed and approved reconveyance of the property at public meetings held on the following dates:

 

     (1)  Golf task force - June 27, 2005

     (2)  Parks and recreation commission - August 10, 2005

     (3)  Planning commission - December 13, 2005


This ordinance will authorize reconveyance of this parcel to the state and potentially, its sale to a private party. If this were to occur, the parcel would go from it’s current tax exempt status to a taxable status, thereby increasing the city’s tax base.