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HomeMy WebLinkAbout4B - Melbourne/Larson Property MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT Rev" sed March 6, 2000 4B Frank Boyles, City Manager 16 CONSIDER APPROVAL OF RESOLUTION o~ AUTHORIZING RECONVEYANCE OF TAX FORFEITED LAND TO~E STATE OF MINNESOTA FOR A 16.FOOT STRIP TO ACCESS THE MELBOURNE LARSON PROPERTY. History: The State of Minnesota periodically becomes the title holder of lands which have become tax forfeited for non-payment of taxes or special assessments over seven years. Upon receipt of such property, the State notifies the County and City asking if they wish to receive the land to use for a bonafide public purpose. If the land is acquired by the City through conveyance and the City does not require the property for public purposes, the land must be conveyed back to the State. Current Circumstances: Last year, the Glynwater Townhome development was proposed just east of the land referred to above. As part of that development, the City had a sidewalk installed which serves the same purpose (i.e. trail access from CSAH 82 to the park). Accordingly, the need for the tax forfeit parcel for trail purposes was eliminated. Conclusion Since there is no longer a public purpose for the property, the parcel should be reconveyed to the State. ALTERNATIVES: (1) Approve Resolution OO-XX Approving the Reconveyance and Authorizing the Mayor and City Manager to Execute the Same. (2) Take no action and provide specific direction to the staff. RECOMMENDED MOTION: Alternative (1). This item requires a two-third majority to be approved. ~!WJ~~~R!~BNR~~000ij)3~~~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION OO-XX A RESOLUTION AUTHORIZING THE RECONVEYANCE OF TAX FORFEITED LANDS TO THE STATE OF MINNESOTA. Motion By: Second By: the City of Prior Lake has previously received tax forfeited land to construct a trail from County Road 82 to Island View Neighborhood Park; and said parcel (PIN #25-934-01-20) being in the County of Scott, State of Minnesota, is legally described as follows: The West 1 rod of the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 115, Range 22, subject to easements of record. ; and the City of Prior Lake has failed to put the land to use for the public purpose for which it was conveyed; and the City now desires to reconvey the property to the State of Minnesota; and the City Council hereby dispenses with the requirements of Minnesota statutes ~462.356, subd. 2 requiring Planning Commission review of any disposition of a publicly owned interest in real property because the conveyance from the State contains a reversonary provision to the State if the land is not used for park trail access purposes; and access trail was provided when the Glynwater Addition was developed. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that the following are hereby adopted: (1) The reconveyance of the above described land to the State of Minnesota is hereby approved. (2) The Mayor and City Manager are hereby authorized to execute the documents necessary to reconvey the property on behalf of the City. {Seal} PASSED AND ADOPTED THIS DAY OF ,2000. YES NO Mader \ Mader Ericson \ Ericson Gundlach \ Gundlach Petersen \ Petersen Schenck \ Schenck City Manager, City of Prior Lake 16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Halleland Lewis Nilan Sipkins & Johnson Attorneys at Law I P.A. 600 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4501 Phone: 612.338.1838 Fax: 612.338.7858 www.hlnsj.com Anne Boyd Bartz Business Practice Coordinator Direct Dial: (612) 204-4108 Internet Address: Abartz@hlnsj.com February 22,2000 Mr. Frank Boyles, City Manager City of Prior Lake 16200 East Eagle Creek Avenue S.E. Prior Lake, MN 55372 VIA MESSENGER Re: City of Prior Lake/Melboume/Larson/Gensmer Property Dear Mr. Boyles: You may recall that an' Order to Show Cause was served upon the City by Bryce Huemoeller on behalf of Eagle Creek Villas LLC for an order affirming an easement Ryan Burt of our off1,ce prepared and filed an Answer in those proceedings and attended the scheduled Hearing in Scott County. Ryan and I had a telephone conversation with Bryce Huemoeller the evening before the Hearing and pointed out the various inadequacies of the Order to Show Cause, e.g., no Report of Examiner had been prepared and the correct party in interest had not been served i.e., the State of Minnesota. It turned out that Bryce Huemoeller cancelled the Hearing without notifying us of the cancellation. Ryan has amended the Answer on behalf of the City of Prior Lake to request attorneys' fees and costs for Mr. Huemoeller's lapse innot notifying him of the cancellation of the hearing. The new Hearing date is March 2,2000. We would like to have the enclosed deeds to reconvey the property to the State of Minnesota executed by you and by the Mayor prior to that . Hearing. You will note that we also need the Commissioner of Revenue to sign offon the deed, which will cause an additional delay in processing the reconveyance. Would you please arrange for execution of both copies of the deed in the presence of a notary public and then return them DN: 80115 to my attention in the preaddressed envelope enclosed via hand delivery. Please feel free to contact me if you have any questions and than,k you for your good help in this matter. Sincerely, ~ Anne Boyd Bartz ABB:beh cc: Susan Leal Pace Ryan Burt Ronald Peterson DN: 80115 . -.-...--.. I Department of Revenue SO Form 975 [Rev:11175) . Rev'enue by Attorney General 7-20.69 RECONVEYANCE OF FORFEITED. LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS WHEREAS, Pursuant to Minnesota Statues, Section 282.01, Subdivision 1, the STATE OF MINNESOTA, as trustee under Minnesota Statues, Section 281.25, on the 29th day of AU9ust, 1997, conveyed to the City of Prior Lake, a governmental subdivision, the lands hereinafter described, to be used for an authorized public use, and WHEREAS, Said governmental subdivision *has failed to put such land to.the public use for which it was conveyed and *has abandoned the public use for which such land was conveyed, and now desires to reconvey said lands to t~e State of Minnesota, as such trustee, NOW, THEREFORE, This indenture, made this day of ; 2000, between the City of Prior Lake a governmental subdivision of the State of Minnesota, as party of the first part, and the State of Minnesota, as trustee as hereinafter set forth, as party'of the second part, WITNESSETH. That the said party of the first part, in c.(msideration of the premises and other valuable considerations, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim and Reconvey unto the said party of the second part all the tract or parcel Qf land lying and being in the County of Scott in the State of Minnesota, described as fo!lows, to-wit: PIN 25 934 012' 0 (Prior Lake) A tract -of land situated in Scott County. Minnesota described as follows: The West 1 rod of the East 16 acres of the Northwest J4 of the Southwest J4 of Section 34, Township 115. Range 22, subject to easements of record. Party of the first part certifies that it knows of no wells on the' described real property. In trust as provided by Minnesota statues, Section 281.25, upon like conditions and yvith like effect as if said lands had not been conveyed to said party of the first part as. aforesaid. TO HAVE' AND TO HOLD THE SAME, Together with all the hereditaments arid appurtenances thereunto belonging or In anywise appertaining, to the said party of the second part and its successors and assigns, Forever. . IN TESTIMONY, WHEREOF, Said party of the first part has caused these presents to be executed in its corporate name by its Mayor and its City Man~ger and its corporate seal to be hereunto affixed the day and year first above written. CITY OF PRIOR LAKE Name of Governmental Subdivlslon By Wesley M. M.ader, Mayor .. By Frank Boyles, City Manager * Strike out clause not applicable STATE OF MINNESOTA County of Scott .S. On this . day of , 2000, before me, a notary public within and for said county, personally appeared Wesley M. Mader and Frank Boyles to me personally known, who, being each by me duly swom say that they are respectively Mayor and the City Manage~. of the governmental subdivision' named in the foregoing instrljment, and that the seal affixed to said Instrument is the corporate seal of said governmental subdivision, and that said instrument was signed and sealed in behalf of said governmental subdivision by authority of its City Council, and said Wesley M. Mader ~~d Frank Boyles acknowledged said instrument to be the free act and deed of said governmental subdivision. ":", ,.. :...,",. APPROVAL The undersigned, acting for the Commissioner of Revenue of the State of. Minnesota, under delegation of authority duly filed with the Secretary of State; does hereby approve the foregoing conveyance to the State of Minnesota. Dated: In the Presence of ,2000 STATE OF MINNESOTA Commlal1oner of Rev,,..,. DN: 79946 . il March 9, 2000 Ms. Anne Boyd Bartz Business Practice Coordinator Halleland, Lewis, Nilan Sipkins & Johnson, P.A. 600 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4501 Re: City of Prior Lake I Eagle Creek Villas Order to Show Cause Dear Anne: In connection with the Melbourne/Larson/Gensmer property and the above Order to Show Cause, the Prior Lake City Council, at its March 6th regular meeting, authorized the reconveyance of a 16-foot strip of tax-forfeited property to the State of Minnesota. Enclosed are the following original documents: (1) Two originals of the Reconveyance of Forfeited Lands to State of Minnesota by Governmental Subdivisions executed by the Mayor and City Manager and notarized; and (2) Certified Resolution 00-15 as adopted by the City Council authorizing the reconveyance. Please feel free to call me or the City Manager if you need anything further. Thank you. Sincerely, KGM Enclosures (3) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . -.-----------' . . State of Minnesota ) )ss. County of Scott ) I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached Resolution 00-15 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its March 6, 2000 meeting. Date: 3A)O I h:\certify .doc 16200 Eagle Creek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .._~._-_.__..."'..~-"'~_.---._-_..,_._------- RESOLUTION 00-15 A RESOLUTION AUTHORIZING THE RECONVEYANCE OF TAX FORFEITED LANDS TO THE STATE OF MINNESOTA. Motion By: Petersen Second ay: Ericson WHEREAS, the City of Prior Lake has previously received tax forfeited land to construct a trail from County Road 82 to Island View Neighborhood Park; and WHEREAS, said parcel (PIN #25-934-01-20) being in the County of Scott, State of Minnesota, i.s legally described as follows: The West 1 rod of the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 115, Range 22, subject to easements of record. ; and WHEREAS, the City of Prior Lake has failed to put the land to use for the public purpose for which it was conveyed; and WHEREAS, the City now desires to reconvey the property to the State of Minnesota; and WHEREAS, the City Council hereby dispenses with the requirements of Minnesota statutes ~462.356, subd. 2 requiring Planning Commission review of any disposition of a publicly owned interest in real property because the conveyance from the State cOl)tains a reversonary provision to the State if the land is not used for park trail access purposes; and WHEREAS, access trail was provided when the Glynwater Addition was developed. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that the following are hereby adopted: (1) The reconveyance of the above described land to the State of Minnesota is hereby approved. (2) The Mayor and City Manager are hereby authorized to execute the documents necessary to reconvey the property on behalf of the City. PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 2000. Mader Ericson Gundlach Petersen Schenck NO {Seal} 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . . Department of Revenue SD Form 975 (Rev.ll/751 Revenue by Attorney General 7-20,69 RECONVEYANCE OF FORFEITED LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS WHEREAS, Pursuant to Minnesota Statues, Section 282.01, Subdivision 1, the STATE OF MINNESOTA, as trustee under Minnesota Statues, Section 281.25, on the 29th day of August, 1997, conveyed to the City of Prior Lake, a governmental subdivision, the lands hereinafter described, to be used for an authorized public use, and WHEREAS, Said governmental subdivision *has failed to put such land to the public use for which it was conveyed and *has abandoned the public use for which such land was conveyed, and now desires to reconvey said lands to t/1e State of Minnesota, as such trustee, NOW, THEREFORE, This indenture, made this ~!/. day of ;l{arcA , 2000, between the City of Prior Lake a governmental subdivision of the State of Minnesbta, as party of the first part, and the State of Minnesota, as trustee as hereinafter set forth, as party of the second part, WITNESSETH, That the said party of the first part, in consideration of the premises and other valuable considerations, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim and Reconvey unto the said party of the second part all the tract or parcel of land lying and being in the County of Scott in the State of Minnesota, described as follows, to-wit: PIN 25 934 012 0 (Prior Lake) A tract of land situated in Scott County, Minnesota described as follows: The West 1 rod of the East 16 acres of the Northwest Y. of the Southwest Y. of Section 34, Township 115, Range 22, subject to easements of record. Party of the first part certifies that it knows of no wells on the described real property. In trust as provided by Minnesota statues, Section 281.25, upon like conditions and with like effect as if said lands had not been conveyed to said party of the first part as aforesaid. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part and its successors and assigns, Forever. IN TESTIMONY WHEREOF, Said party of the first part has caused these presents to be executed in its corporate name by its Mayor and its City Manager and its corporate seal to be hereunto affixed the day and year first above written. CITY OF PRIOR LAKE Name of Governmental Subdivision * Strike out clause not applicable STATE OF MINNESOTA County of Scott 55. On this &,IA day of MJycM. , 2000, before me, a notary public within and for said county, personally appeared Wesley M. Mader and Frank Boyles to me personally known, who, being each by me duly sworn say that they are respectively Mayor and the City Manager of the governmental subdivision named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said governmental subdivision, and that said instrument was signed and sealed in behalf of said governmental subdivision by authority of its City Council, and said Wesley M. Mader and Frank Boyles acknowledged said instrument to be the free act and deed of said governmental subdivision. APPROVAL The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota. ,2000 STATE OF MINNESOTA Commissione' of Revenue DN: 79946 . Halleland Lewis Nilan Sipkins & Johnson Attorneys at Law / I'.A, 60lll'illsoury Center South .!.!O South Sixth Street ~(inneapolis, MN 55402-4501 Phone: 612,33H.1838 Fax: 612.338.7858 www.hlnsj.com Anne Boyd Bartz. Business Practice Coordinator Direct Dial: 6U-204-4108 E-mail: abartz@hlnsj.com March 10, 2000 Ms. Linda Leitold Minnesota Department of Revenue Property Tax Division Mail Station No. 3340 St Paul, MN 55146-3340 RE: Reconveyance of Forfeited Lands to the State of Minnesota by the City of Prior Lake Dear Linda: Enclosed for approval on behalf of the Commissioner of Revenue are two originals of the Reconveyance of Forfeited Lands to State of Minnesota by Governmental Subdivisions. Would you please obtain the necessary signatures and forward one of the originals on to the Auditor for filing and return the second original to me in the preaddressed envelope for our file. I have also enclosed a certified Resolution 00-15, approving the reconveyance by the City Council of the City of Prior Lake. Please feel free to contact me if you have any questions regarding the deed. Thank you for your good help in this matter. Sincerely, ~~~' Anne Boyd Bartz ABB:beh Enclos~s cc: IIMr. Frank Boyles, City Manager, City of Prior Lake Ryan Burt, Esq. Suesan Lea Pace, Esq. ON: 82170 State of Minnesota ) )ss. County of Scott ) I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached Resolution 00-15 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its March 6, 2000 meeting. . Date: ;Y;o h:\certify.doc 16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER _..._----~~.---._.,"..._-".__._~.""_._--,.".._'"~---.__.>'~---'--~-'" WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION 00-15 A RESOLUTION AUTHORIZING THE RECONVEYANCE OF TAX FORFEITED LANDS TO THE STATE OF MINNESOTA. Motion By: Petersen Second By: Ericson the City of Prior Lake has previously received tax forfeited land to construct a trail from County Road 82 to Island View Neighborhood Park; and said parcel (PIN #25-934-01-20) being in the County of ScoU, State of Minnesota, is legally described as follows: The West 1 rod of the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 115, Range 22, subject to easements of record. ; and the City of Prior Lake has failed to put the land to use for the public purpose for which it was conveyed; and the City now desires to reconvey the property to the State of Minnesota; and the City Council hereby dispenses with the requirements of Minnesota statutes ~462.356, subd. 2 requiring Planning Commission review of any disposition of a publicly owned interest in real property because the conveyance from the State contains a reversonary provision to the State if the land is not used for park trail access purposes; and access trail was provided when the Glynwater Addition was developed. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that the following are hereby adopted: (1) The reconveyance of the above described land to the State of Minnesota is hereby approved. (2) The Mayor and City Manager are hereby authorized to execute the documents necessary to reconvey the property on behalf of the City. {Seal} PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 2000. Mader Ericson Gundlach Petersen Schenck YES X X X X X NO 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . f March 9, 2000 Ms. Anne Boyd Bartz Business Practice Coordinator Halleland, Lewis, Nilan Sipkins & Johnson, P.A. 600 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4501 Re: City of Prior Lake I Eagle Creek Villas Order to Show Cause Dear Anne: In connection with the Melbourne/Larson/Gensmer property and the above Order to Show Cause, the Prior Lake City Council, at its March 6th regular meeting, authorized the reconveyance of a 16-foot strip of tax-forfeited property to the State of Minnesota. Enclosed are the following original documents: (1) Two originals of the Reconveyance of Forfeited Lands to State of Minnesota by Governmental Subdivisions executed by the Mayor and City Manager and notarized; and (2) Certified Resolution 00-15 as adopted by the City Council authorizing the reconveyance. Please feel free to call me or the City Manager if you need anything further. Thank you. Sincerely, KGM Enclosures (3) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ,. 001"""'0"1 at A..venue SO Fo,m 975 IAev.111751 Aevenue bv Auorn"v Ge"e,,1 ]-2069 RECONVEYANCE OF FORFEITED LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS WHEREAS, Pursuant to Minnesota Statues, Section 282.01, Subdivision 1, the STATE OF MINNESOTA, as trustee under Minnesota Statues, Section 281.25, on the 29'" day of August, 1997, conveyed to the City of Prior Lake, a governmental subdivision, the lands hereinafter described, to be used for an authorized public use. and WHEREAS. Said governmental subdivision 'has failed to put such land to the public use for which it was conveyed and -has abandoned the public use for which such land was conveyed, and now desires to reconvey said lands to the State of Minnesota, as such trustee, NOW. THEREFORE, This indenture. made this r:,1/. day of ;!jpr(J, , 2000, between the City of Prior Lake a governmental subdivision of the State of Minnesota. as party of the first part, and the State of Minnesota, as trustee as hereinafter set forth. as party of the second part, WITNESSETH. That the said party of the first part, in consideration of the premises and other valuable considerations. the receipt whereof is hereby acknowledged, does hereby Grant. Bargain, Quitclaim and Reconvey unto the said party of the second part all the tract or parcel of land lying and being in the County of Scott in the State of Minnesota. described as follows, to-wit: FIN 25 934 012 0 (Prior Lake) A tract of land situated in Scott County, Minnesota described liS follows: The West 1 rod of the East 16 acres of the Northwest % of the Southwest % of Section 34, Township 115. Range 22. subject to easements of record. Party of the first part certifies that it knows of no wells on the described real property. In trust as provided by Minnesota statues. Section 281.25. upon like conditions and with like effect as if said lands had not been conveyed to said party of the first part as aforesaid. TO HAVE AND TO HOLD THE SAME. Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining. to the said party of the second part and its successors and assigns. Forever. IN TESTIMONY WHEREOF, Said party of the first part has caused these presents to be executed in its corporate name by its Mayor and its City Manager and its corporate seal to be hereunto affixed the day and year first above written. CITY OF PRIOR LAKE N..... 01 GOV_11l Subdlvillan 'Strike out clause not applicable STATE OF MINNESOTA County of Scott IS, On this &,IA day of M,Mh . 2000, before me. a notary public within and for said county, pp.rsonally ap!leared Wesley M. Mader and Frank Boyles to me personally known. who. being each by me duly sworn say that they are respectively Mayor and the City Manager of the governmental subdivision named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said governmental subdivision. and that said instrument was signed and sealed in behalf of said governmental subdivision by authority of its City Council, and said Wesley M. Mader and Frank Boyles acknowledged said instrument to be the free act and deed of said governmental subdivision. APPRO V AL The undersigned. acting for the Commissioner of Revenue of the State of Minnesota. under delegation of authority duly filed with the Secretary of State. does hereby approve the foregoing conveyance to the State of Minnesota. ,2000 STATE OF MINNESOTA Comrnlui~f ot "-v.nu. ON: 79946 . .._---~~--_..._-_.------".."._.,-"._-".._.__._~-_.