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RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION OF REAL PROPERTY FROM INDEPENDENT SCHOOL DISTRICT NO. 709 TO BE USED IN CONNECTION WITH THE HILLSIDE SPORT COURT.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to accept the donation of certain real property in St. Louis County, Minnesota from Independent School District No. 709, a Minnesota public corporation and political subdivision (“ISD 709”), legally described as follows (the “Property”):
Lot 65, EAST SEVENTH STREET, DULUTH PROPER, FIRST DIVISION
FURTHER RESOLVED, that the proper city officials are hereby authorized to: (i) execute all documents necessary to effectuate the acquisition of the Property from ISD 709, and (ii) pay all costs associated with the donation, payable from Fund No. 205-130-1220-5530-CM205-HILLSC-PIP (parks fund, community resources, parks capital, improvements other than buildings, capital maintenance fund 205, Hillside Sport Court Park, park implementation plan).
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize and accept the donation of certain real property in the Central Hillside Neighborhood (the “Property”) from Independent School District No. 709, a Minnesota public corporation and political subdivision (“ISD 709”) to be used in connection with the Hillside Sport Court.
The City acquired the real estate comprising the site of the Hillside Sport Court, formerly known as Franklin Park, from ISD 709 in three transactions from the 1970s, two of which were with ISD 709. It appears that the Property was inadvertently excluded from the ISD 709 transactions in the 1970s. The City is implementing the Hillside Sport Court Park Plan, which improvements are being funded through two grants and parks capital funding. The grants have certain real estate requirements associated with use of the funds, one of which was a review of the City’s real estate records for the site. During that review, it was discovered that the Property was not included in the earlier transactions. ISD 709 is willing to convey the Property to the City at no cost via quit claim deed without restrictions. The City has been continuously using and maintaining the Property since the 1970s as it was unknown that the City did not own it.
The Property and the Hillside Sport Court are depicted on the map attached as Exhibit A.