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Home My WebLink About5F Welcome Ave Property Transfer O PRIQk 4 01 4646 Dakota Street SE Prior Lake,MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 13, 2015 AGENDA#: 5F PREPARED BY: SARAH SCHWARZHOFF, ASSISTANT CITY ATTORNEY PRESENTED BY: KATY GEHLER, PUBLIC WORKS DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING TRANSFER OF EXCESS PROPERTY ACQUIRED DURING THE WELCOME AVENUE PROJECT TO THE OWNER OF THE PROPERTY FROM WHICH IT WAS TRANSFERRED DISCUSSION: Introduction This agenda item requests that the City Council consider the transfer of excess property acquired during the Welcome Avenue Project to the owner of the property from which it was transferred. History As part of the Welcome Avenue project the City acquired two parcels from the Estate of Jimmie Clausen, a rectangle and a portion of a cul-de-sac. During the course of the project the City elected not to build the cul-de-sac and the parties agreed to remove the cul-de-sac parcel from the condemnation proceedings. The compensation paid to the Estate did not include the cul-de-sac parcel. However, the legal description of the cul-de- sac parcel was inadvertently included in the final certificate recorded at the county and thus the cul-de-sac parcel was transferred to the City. Current Circumstances The inadvertently acquired cul-de-sac parcel should be returned to the owner of the property from which it was acquired. That property has been transferred from the Estate of Jimmie Clausen to the Tereshkovs. Conclusion The City Council should consider approval of the resolution to transfer the cul-de-sac parcel to the Tereshkovs. ISSUES: This transfer remedies an inadvertent transfer that occurred during the Welcome Avenue Project. FINANCIAL None anticipated. The acquisition payment did not include compensation IMPACT: for the cul-de-sac parcel. ALTERNATIVES: 1. Motion and second to adopt a resolution approving the transfer of excess property obtained during the Welcome Avenue Project to the owner of the property from which it was transferred. 2. Take no action and direct staff to provide additional information. RECOMMENDED Motion and second to approve Alternative 1 as part of the consent agenda. MOTION: Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 13%4% 600i 4646 Dakota Street SE 4'NATEsOs.t' Prior Lake,MN 55372 RESOLUTION 15 A RESOLUTION AUTHORIZING THE TRANSFER OF EXCESS PROPERTY ACQUIRED DURING THE WELCOME AVENUE PROJECT TO THE OWNER OF THE PROPERTY FROM WHICH IT WAS TRANSFERRED Motion By: Second By: WHEREAS, The City acquired two parcels, a rectangular parcel and a cul-de-sac parcel,from the Estate of Jimmie Clausen during the Welcome Avenue Project; and WHEREAS, During the course of the Project the City elected not to build the cul-de-sac and the parties agreed to remove the cul-de-sac parcel from the acquisition; and WHEREAS, Compensation for the cul-de-sac parcel was not included in the acquisition payment; and WHEREAS, The legal description for the cul-de-sac parcel was inadvertently included in the final certificate and thus the cul-de-sac parcel was transferred to the City; and WHEREAS, The Estate of Jimmie Clausen has transferred the property from which the cul-de-sac parcel was acquired to Vitaliy Tereshkov and Lubov Tereshkov; and WHEREAS, The City desires to transfer the cul-de-sac parcel to the current owners of the property in compliance with Prior Lake City Code Subsection 110.308. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The transfer of the cul-de-sac parcel to the Tereshkovs is hereby approved. 3. The Mayor and City Manager are authorized to execute a quit claim deed on behalf of the City to transfer the cul-de-sac parcel to the Tereshkovs. PASSED AND ADOPTED THIS 13th DAY OF JULY, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Individual(s) DEED TAX DUE: $ DATE: June 22,2015 FOR VALUABLE CONSIDERATION,City of Prior Lake a municipal corporation under the laws of the State of Minnesota("Grantor"),hereby conveys and quitclaims to Vitaliy Tereshkov and Lubov Tereshkov as joint tenants("Grantee"),real property in Scott County, Minnesota, legally described as follows: That part of the East Three-Fourths of the Southeast Quarter of Section 1,Township 114, Range 22,Scott County,Minnesota,the centerline of which is described as follows: Commencing at the southeast corner of said Section 1;thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West along the east line of said Section 1,a distance of 1251.72 feet;thence South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet;thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the east line of the West 30.00 feet of said East Three-Fourths of said Southeast Quarter;thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet;thence South a distance of 704.31 feet to the centerline of County State Aid Highway No. 12;thence South 63 degrees 37 minutes 56 seconds East along said centerline a distance of 73.66 feet;thence North a distance of 412.00 feet;thence East a distance of 700.15 feet;thence North a distance of 325.00 feet;thence along a tangential curve concave to the west having a radius of 455.74 feet a central angle of 15 degrees 00 minutes 00 seconds an arc length of 119.31 feet;thence along a reverse curve concave to the east having a radius of 424.68 feet a central angle of 15 degrees 00 minutes 00 seconds an arc length of 119.31 feet; thence along a reverse curve concave to the east having a radius of 424.68 feet a central angle of 15 degrees 00 minutes 00 seconds an arc length of 111.13 feet;thence North 1 degree 13 minutes 25 seconds East tangent to said last described curve a distance of 106.80 feet to the actual point of beginning;thence North 88 degrees 46 minutes 35 seconds West,29.98 feet;thence North 28 degrees 36 minutes 12 seconds West,44.30 feet;thence northerly and northeasterly 125.44 feet along a tangential curve, concave to the east, having a radius of 60.00 feet,and a central angle of 119 degrees 47 minutes 15 seconds,to a line that bears North 1 degree 13 minutes 25 seconds East from the point of beginning;thence South 1 degree 13 minutes 25 seconds West to the point of beginning. Except that part which lies within any existing roadway easement. together with all hereditaments and appurtenances belonging thereto. Check here if all or part of the described real property is Registered(Torrens) ❑ Consideration for this transaction is less than$500. ECB-1035 Page 1 of 2 Page 2 of 2 QUIT CLAIM DEED Check applicable box: Grantor ❑ The Seller certifies that the Seller does not know of any wells on the described real property. City of Prior Lake ❑ A well disclosure certificate accompanies this document or has been electronically filed.(If electronically filed, insert WDC number: [...].) By: ® I am familiar with the property described in this Kenneth L. Hedberg instrument and I certify that the status and number Its: Mayor of wells on the described real property have not changed since the last previously filed well disclosure By: certificate. Frank Boyles Its: City Manager State of Minnesota, County of Scott This instrument was acknowledged before me on ,2015, by Kenneth L.Hedberg as Mayor and by Frank Boyles as City Manager respectively of the City of Prior Lake. (Stamp) (signature of notarial officer) Title(and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS Gregerson,Rosow,Johnson&Nilan INSTRUMENT SHOULD BE SENT TO: 100 Washington Ave S,Suite 1550 Vitaliy Tereshkov and Lubov Tereshkov Minneapolis,MN 55402