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RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT FROM ST. LOUIS COUNTY, ON BEHALF OF THE STATE OF MINNESOTA, CERTAIN TAX FORFEITED LANDS FOR CITY OWNERSHIP AND OPEN SPACE PROTECTION.
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CITY PROPOSAL:
WHEREAS, Resolution No. 20-0273R authorized the final designation of the St. Louis River Area to the Duluth Natural Areas Program; and
WHEREAS, Resolution No. 20-0607 authorized the acceptance of a grant for $900,000 from the U.S. Environmental Protection Agency Great Lakes Restoration Initiative for acquisition and restoration of ecologically valuable tax forfeited parcels; and
WHEREAS, Resolution No. 20-0617 authorized guidelines that defined the process that City officials would use to select specific tax forfeited open space parcels that the City wishes to acquire for permanent protection of properties with significant ecological, recreational, and/or stormwater management value; and
WHEREAS, Resolution No. 21-0627 authorized acceptance of free conveyed tax forfeited parcels from St. Louis County pursuant to Minn. Stat. §282.01, Subd. 1(a)(e); and
WHEREAS, Resolution No. 22-0226 authorized the purchase of tax forfeited open space parcels from St. Louis County at a reduced cost pursuant to Minn. Stat. §282.01, Subd. 1(a)(h).
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to request and accept from St. Louis County, on behalf of the State of Minnesota, the tax forfeited parcels listed and depicted on the attached Exhibits 1 through 11 for the specific purposes set forth below.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute all required documents in connection with the parcels being acquired for the preservation and conservation of open space under Minn. Stat. §282.01, Subd. 1(a)(h) at less than the estimated market value for the amount of $317,398.00 and pay all administrative, recording, and other fees and costs associated with the conveyance(s), in an amount not to exceed $20,000 (which are currently estimated at $16,215.04 as of the date of this resolution); payable from Fund 205-130-1220-5441-CM205-SLRNA-PHASE II (Parks Fund - Community Resources - Parks Capital - Other Services & Charges - Cap Mtce Fund 205 - St. Louis River Natural Area - Natural Resources Management Plan/Land Acquisition & Restoration); the total amount authorized under this paragraph are reimbursable expenses from the U.S. Environmental Protection Agency under grant number GL00E02834-2.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute all required documents in connection with the parcels being free conveyed for park and/or trail purposes, under Minn. Stat. §282.01, Subd. 1(a)(e) and pay all administrative, recording, and all other fees and costs associated with the conveyance(s), in an amount not to exceed $50,000 (which are currently estimated at $40,555.80 as of the date of this resolution), payable from Fund 205-130-1220-5441-CM205-NATRES-MISC.
FURTHER RESOLVED, that the City Council authorizes the Director of Parks, Property and Libraries to make minor changes to the transactions authorized under this resolution as it pertains to the parcels listed on Exhibit 1 through 11, including but not limited to removing or splitting certain parcels and modifying legal descriptions, administrative fees and land values to correct errors and ensure accuracy.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the request and acceptance from St. Louis County, on behalf of the State of Minnesota, certain tax-forfeited lands for park and/or trail purposes under Minn. Stat. §282.01, Subd. 1(a)(e) and also for preservation and conservation of open space under Minn. Stat. §282.01, Subd. 1(a)(h).
Most parcels are to be accepted for free conveyance (under Minn. Stat. §282.01, Subd. 1(a)(e)). Others are to be purchased at 5% to 20% of their estimated market value (under Minn. Stat. §282.01, Subd. 1(a)(h)). Specific parcels to be accepted or acquired under this resolution are listed in the attached Exhibits 9, 10 and 11 and depicted on the maps attached as Exhibits 1 through 8.
The parcel acquisitions authorized by this resolution are pursuant to:
1. City Council Resolution No. 18-0240 approving the Imagine Duluth 2035 Comprehensive Plan, where Open Space Policy 2 directs the City to acquire and protect tax forfeit property that has considerable ecological, recreational, and/or stormwater management value.
2. City Council Resolution No. 20-0617 approving guidelines for the selection of tax forfeit parcels to be acquired for permanent protection as shown in Exhibit 2.
3. City Council Resolution No. 20-0878 approving an agreement with St. Louis County establishing the process by which the parties would negotiate the selection and transfer of select tax forfeit open space parcels from the County to the City.
4. Unanimous recommendations of the Natural Resources Commission, the Planning Commission, and the Parks and Recreation Commission to authorize these land purchases in August of 2021.
5. City Council Resolution No. 21-0624 approving the acceptance of certain free conveyed tax forfeit parcels within these same areas from St. Louis County pursuant to Minn. Stat. § 282.01, Subd. 1(a)(e).
6. City Council Resolution No. 22-0226 approving the purchase of certain tax forfeit parcels at 5 to 20% of their estimated market value pursuant to Minn. Stat. § 282.01, Subd. 1(a)(h).
7. City Council Resolution No. 22-0252 approving the Duluth Natural Resources Management Program Plan, where Goal 2 directs the City to acquire tax forfeit lands for protection of open space and natural resources.
8. City Council Resolution No. 22-0828 approving the Essential Spaces: Duluth Parks, Recreation, Open Space, & Trails Plan, where Goal P directs the City to protect and enhance Duluth’s open spaces to restore and maintain ecological health, build resilience to natural disasters, and preserve the area’s natural beauty.
Once the deeds are recorded and the City owns the parcels identified in Exhibits 1 through 11, a subsequent resolution with the final legal descriptions and recorded deeds will be submitted to the Duluth City Council for formal acceptance, which resolution will be in recordable form so that it can be recorded with the St. Louis County Recorder and Registrar of Titles. Although the lists of parcels to be acquired are finalized, some of the legal descriptions for those parcels are still being created or modified.
The total cost of the acquisitions and all recording, administrative, and other associated fees is $374,158.84. An EPA grant will pay for $333,603.04 of those costs including all costs of acquisition. The Park Fund will contribute the remaining $40,555.80 just for recording, administrative, and other fees in excess of the EPA grant.