DISCLAIMER

 

07-0002R


RESOLUTION REQUESTING THE FREE CONVEYANCE OF TAX FORFEITED LANDS FOR STREET AND UTILITY PURPOSES LOCATED ALONG WATER STREET IN FOND DU LAC.

BY COUNCILOR GILBERT:

     RESOLVED, that the Saint Louis County Board of Commissioners is hereby requested to free convey to the city of Duluth the following tax forfeited parcels for street and utility purposes:

           That part of Lot 52, Fond du Lac Water Street lying northerly of the following described line: beginning at a point on the westerly line of said lot 52, Fond du Lac Water Street, 50.46 feet south of the north line of said Lot 52; to a point on the east line of said Lot 52, 37.85 feet south of the north line of said Lot 52, thereby terminating (Parcel SS);

           All of Lot 119, Fond Du Lac Ontario Street (Parcel NN);

           That part of Lots 114, 116 and 118, Fond du Lac Ontario Street, lying westerly of the following described line: beginning at a point on the north line of said Lot 114, Fond du Lac Ontario Street, 12.48 feet west of the east line of said Lot 114; to a point on the south line of said Lot 118, Fond du Lac Ontario Street, 19.00 feet west of the east line of said Lot 118, thereby terminating (Parcel MM);

           That part of Lots 103 and 105, Fond du Lac Erie Street, and Lots 106 and 108, Fond du Lac Pembina Street, lying westerly and southerly of a line drawn from a point on the north line of said Lot 103 distant 16.00 feet west of the northeast corner of said Lot 103 to a point on the east line of said Lot 108 distant 109.00 feet south of the northeast corner of said Lot 108 (Parcel JJ);

           That part of Lots 81, 83, 85, 87 and 87, Fond du Lac Itasca Street and that part of Lots 86, 88 and 90, Fond du Lac Cass Street, lying southwest of a line drawn from a point on the north line of Lot 85, Fond du Lac Itasca Street distant 4.00 feet east of the northwest corner of said Lot 85, to a point on the east line of Lot 90, Fond du Lac Cass Street, distant 21.29 feet south of the northeast corner of said Lot 90;

           All of Lot 92, Fond du Lac Cass Street, except the northerly 60 feet (Parcel O);

           That part of Lot 82, Fond Du Lac Itasca Street lying southwest of a line drawn from a point on the west line of said Lot 82 distant 70 feet northerly of the southwest corner of said lot to a point on the south line of said lot distant 36 feet east of the southwest corner of said lot (Parcel N);

           That part of Lot 101, Fond Du Lac Huron Street, and Lot 102, Fond Du Lac Erie Street, lying westerly of line drawn from the northwest corner of said Lot 101, to the southeast corner of said Lot 102 (Parcel II).


STATEMENT OF PURPOSE:  This resolution is for the free conveyance of tax-forfeited lands to the city is a public-to-public transfer; therefore, there is no tax base impact at this time. In addition, the land will not be available to join the tax base in the future.


This resolution requests that the St. Louis County Board of Commissioners free-convey the described tax forfeited lands for street and utility purposes. These parcels are currently occupied with the “improved” portion of Water Street. Free-conveyance will transfer ownership of this street to the city.


This request was reviewed by the city planning commission at its regular meeting of June 27, 2001. The commissioners voted unanimously to recommend that the city council request the free conveyance of these properties to the city of Duluth for street and utility purposes.


In 2000, the city of Duluth, commenced a project to provide a public sewer and extend public water lines to the developed portions of this neighborhood. In doing so, a land survey was completed in order to locate utilities within public easements. This survey shows seven of the 13 homes along Water Street to be partially or totally within street easements. These properties have a “cloud on the title” due to these encroachments. The city has undertaken the vacation process in order to rectify the alignment of the roadway, eliminate encroachments of the homes into the public easements and properly install water and sewer lines and services within the accepted public right-of-way.


The survey also shows that the roadway is located partially or totally within eight private and six state of Minnesota properties, thus the basis for this resolution.


Over the past six years the city has worked with the affected property owners to resolve this vacation with reciprocal easements in order to properly locate buildings within private properties and secure easements across private properties where the roadway actually exists (existed). This resolution was held by the administration until all easements over private properties could be secured.


One previous action of the council did vacate a portion of Water Street for one property which was not affected by the need for a reciprocal easement. Resolution 02-0085 adopted January 28, 2002, did vacate a portion of Water Street for Craig Cullen, 12910 Water Street.