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RESOLUTION AUTHORIZING A PURCHASE AGREEMENT WITH PARK HILL CEMETERY ASSOCIATION FOR THE CONVEYANCE OF REAL PROPERTY IN THE MORLEY HEIGHTS/PARKVIEW NEIGHBORHOOD IN EXCHANGE FOR REPLACEMENT LAND.
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CITY PROPOSAL:
WHEREAS, pursuant to Section 2-178 of the Duluth City Code, 1959, as amended (the “Code”), the city proposes to convey the real property legally described on the attached Exhibit 1 and depicted on the attached Exhibit 2 (the “City Property”) to Park Hill Cemetery Association, a Minnesota corporation (“Park Hill”), in Ordinance No. 25-030 in exchange for the real property legally described on the attached Exhibit 3 and depicted on the attached Exhibit 4 (the “Park Hill Property”);
WHEREAS, pursuant to Section 11 of the Duluth City Charter, 1913, as amended (“Charter”), every ordinance, other than an emergency ordinance, shall have two public readings;
WHEREAS, pursuant to Section 15 of the Charter, most ordinances enacted by the council shall take effect 30 days after the date of their last publication (“Effective Date”);
WHEREAS, the parties need to enter into a purchase agreement in advance of the Effective Date so the process to convey the City Property to Park Hill in exchange for the Park Hill Property can commence.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into a purchase agreement, substantially the same as the agreement attached as Exhibit 5, with Park Hill for the conveyance of the City Property in exchange for the Park Hill Property (the “Purchase Agreement”).
FURTHER RESOLVED, that the conveyance of the City Property will not occur unless and until: (a) the city council authorizes the sale of the Property through Ordinance No. 25-030, (b) Park Hill conveys the Park Hill Property to the City, and (c) the City and Park Hill comply with all terms and conditions contained in the Purchase Agreement.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the execution of a purchase agreement with Park Hill Cemetery Association, a Minnesota corporation (“Park Hill”), for the conveyance of the city-owned property legally described and depicted on the attached Exhibits 1 and 2 (the “City Property”) Property in exchange for replacement land owned by Park Hill, which property is legally described and depicted on the attached Exhibits 3 and 4 (the “Park Hill Property”). The conveyance of the City Property will not occur unless and until: (a) the city council authorizes the sale of the Property through Ordinance No. 25-030, (b) Park Hill conveys the Park Hill Property to the City, and (c) the City and Park Hill comply with all terms and conditions contained in the purchase agreement attached as Exhibit 5.
The City Property is outlined in black on the attached Exhibit 6, and the Park Hill Property is outlined in green on the attached Exhibit 6.