Title
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE MORLEY HEIGHTS/PARKVIEW NEIGHBORHOOD TO PARK HILL CEMETERY ASSOCIATION FOR NOMINAL CONSIDERATION.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1.
(a) Pursuant to Section 2-176(a) of the Duluth City Code, 1959, as amended (the “Code”), the city council stated its intention to sell or convey certain property in St. Louis County, Minnesota, as set forth in Resolution 25-0849R, legally described on the attached Exhibit A and depicted on the attached Exhibit B.
(b) Pursuant to Section 2-176(b) of the Code, the city’s planning department reviewed the proposed conveyance of the Property for conformity to the City’s comprehensive plan and reported that the conveyance of the Property conforms with said comprehensive plan and is surplus to the city’s future needs.
(c) Pursuant to Section 2-176(c) of the Code, the St. Louis County Assessor determined that the estimated market value of the Property is $2,457.
Section 2.
(a) Pursuant to Section 2-178 of the Code, the city may convey property to an adjacent owner at a price at least equal to its market value as determined by the assessor if, due to existing laws or regulations, no building can be legally constructed on it.
(b) Park Hill Cemetery Association, a Minnesota corporation (“Park Hill”), owns real estate adjacent to the Property. Park Hill previously sold a majority of the Property to the city in 2023 and it was later discovered that the Property is utilized in connection with Park Hill’s operations. The city desires to convey the Property to Park Hill in exchange for replacement land substantially similar in condition and value to the Property, which replacement land is legally described on the attached Exhibit C and depicted on the attached Exhibit D (the “Replacement Land”).
(c) The city council finds that no building can legally be constructed on the Property and a conveyance of the Property to Park Hill in exchange for the Replacement Land constitutes a price equal to its market value.
Section 3. That the proper city officials are hereby authorized to: (i) convey the Property to Park Hill Cemetery Association, a Minnesota corporation, in exchange for the Replacement Land and under the terms and conditions of the purchase and sale agreement, substantially the same as that on file with the city clerk, and (ii) execute the deed and all other documents necessary to effectuate the conveyance of the Property to Park Hill Cemetery Association.
Section 4. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this ordinance is to authorize the conveyance of real property legally described above (the “Property”) to Park Hill Cemetery Association, a Minnesota corporation (“Park Hill Cemetery”). The Property is a 2.85 acre tract of land located in the Morley Heights/Parkview neighborhood off Vermilion Rd.
The city acquired a majority of the Property in 2023 from Park Hill Cemetery Association (the city has owned the other portion of the Property since 1928). It was later discovered that a portion of the property purchased from Park Hill Cemetery Association contained Soldiers Rest, a burial space for soldiers within the Park Hill Cemetery, as well as an organic compost site. The Property should not have been included in the 2023 transaction, and the city desires to convey it to Park Hill Cemetery so that it can be owned and operated appropriately. Park Hill Cemetery Association is willing to convey replacement land in exchange for the Property (the “Replacement Land”). The Property is outlined in black on the attached Exhibit E and the Replacement Land is outlined in green on the attached Exhibit E.
The sale of the Property and acquisition of the Replacement Land shall be in accordance with the terms and conditions of the purchase agreement authorized under Resolution 25-0850, which will be on the agenda for the November 24 council meeting and in concurrence with the second and final reading of this ordinance.