HomeMy WebLinkAbout5K Quit Claim
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 23, 2016
AGENDA #: 5K
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF QUIT CLAIM DEED TO CLARIFY LEGAL
DESCRIPTION
DISCUSSION: Introduction
The City has been contacted by the owner of a parcel of property located
South of Highway 42 and East of Eagle Creek Parkway just North of Lower
Prior Lake. The property owner has requested that the City execute a quit
claim deed to clarify the boundaries of the property.
Current Circumstances
The property owner is seeking to sell the property but the legal description
has been found to be “ambiguous and undefinable”. The title company
required a survey and a new legal description. The City owns property at
the southwest corner of the property in question and as an abutting
property owner the City has been requested to execute a quit claim deed to
establish the new boundaries. If the City does not provide the quit claim
deed the property owner will likely need to institute a quiet title action to
have the boundaries established in court.
The City is not obligated to provide a quit claim deed. However, it will
assist the property owner in avoiding a more expensive quiet title action.
The City Attorney and City Engineer have reviewed the request and
determined that there are no City easements or infrastructure located on
the property which would create an issue with releasing the City interest in
the property.
Conclusion
It is recommended that the City Council approve and authorize the Mayor
and City Manager to execute the quit claim deed to clarify the boundaries
of the property in question.
FINANCIAL
IMPACT:
There has been City Staff and City Attorney review of this matter although
it has been limited. Staff is in discussions to create a fee and establish
pass through costs for similar requests in the future.
2
ALTERNATIVES: 1. Approve and authorize as part of the consent agenda the Mayor
and City Manager to execute the quit claim deed.
2. Remove the item from the consent agenda for further discussion..
RECOMMENDED
MOTION:
Alternative #1