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File #: 16-014-O    Name:
Type: Ordinance Status: Passed
File created: 3/3/2016 In control: Planning and Economic Development
On agenda: 3/14/2016 Final action: 3/28/2016
Enactment date: 3/28/2016 Enactment #: 10442
Title: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH SCHOOL.
Attachments: 1. EXHIBIT A, 2. Exhibit B, 3. Exhibit C

Title

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH SCHOOL.

 

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 real property as set forth in Resolution 16-0175.

                     (b)                     Pursuant to Section 2-177.3 of the Code, the city council finds that the conveyance to Independent School District #709 (“ISD 709”) of that certain real property legally described on the attached Exhibit A and depicted on the attached Exhibit B (“Property”) to be utilized by ISD 709 as an entrance to Denfeld High School is in the best interests of the citizens of the city and exceeds the needs of the city to retain the property.

                     (c)                     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 to ISD 709 conforms with said comprehensive plan, as shown on the attached Exhibit C.

                     (d)                     Pursuant to Section 2-176(c) of the Code, the St. Louis County Assessor provided a written estimated market value of the property at $14,500.

                     Section 2.  That the proper city officials are hereby authorized to execute the deed and all other documents necessary to effectuate the conveyance of the Property to ISD 709 for nominal consideration of $1.00.

                     Section 3.  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 described on the attached Exhibit A and depicted on the attached Exhibit B (“Property”) to Independent School District #709 (“ISD 709”).  The Property is a part of vacated West 4th Street, and ISD 709 uses the Property as an entrance to Denfeld High School.  ISD 709 requested the Property to maintain safe and reasonable access to the Denfeld High School property. 

 

West 4th Street was vacated because it was used as a school entrance and not as a city right-of-way.  However, only half of vacated West 4th Street went to ISD 709, while the remaining half of the school’s entrance went to a neighboring parcel under different ownership.  The city purchased the neighboring parcel in 2015.  The city, in partnership with Community Action Duluth, plans to build a greenhouse on the neighboring parcel, and the Property is not needed for the greenhouse project.

 

 

The city conducted an internal review of the property and determined that: (a) the property is surplus of the city’s future needs, (b) the needs of ISD 709 are greater in importance than the need of the city to retain the property, and (c) the best interests of the citizens of the city will be best served by accomplishing such conveyance.

 

The Property has an estimated market value of $14,500.  However, the city would like to gift the Property to ISD 709 because of the benefit to the public of maintaining safe and reasonable access to the Denfeld High School property.