HomeMy WebLinkAbout5C Township Quit Claim ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 7, 2017
AGENDA #:
PREPARED BY:
5C
SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING A QUIT
CLAIM DEED FOR PROPERTY FROM SPRING LAKE TOWNSHIP
DISCUSSION: History
Approximately a year ago the property owner of 16801 Industrial Circle SE.
requested that the City execute a quit claim deed to clarify the boundaries of
the property. The City provided the requested deed but other abutting
property owners did not. As a result, the property owner filed in court to
clarify the legal boundaries. At this point it was discovered that the
Township held title to Industrial Circle. As Industrial Circle is a public road
within the boundaries of the City, the Township contacted the City
requesting to transfer ownership.
Usually right-of-way is not considered a parcel of land. It does not have a
parcel ID number or identified ownership. Instead the right-of-way is simply
under the control of the road authority that has jurisdiction. It is not clear
why Industrial Circle has been treated differently or why it was not
transferred at the time of annexation.
Current Circumstances
At this time, the Township would like to transfer Industrial Circle to the City
by quit claim deed. Because the right-of-way is within the City and because
the City is the road authority it does make sense for the City to own the
parcel. There is some liability risk as the City will own an additional parcel.
However, since the right-of-way is within the City and maintained by the City
that liability likely already exists.
Conclusion
It is recommended that the City Council adopt the attached resolution
accepting the quit claim deed from the Township transferring Industrial
Circle SE to the City.
FINANCIAL
IMPACT:
City staff will ensure that the property remains tax exempt. As Industrial
Circle SE was already considered a City street no additional financial impact
is expected.
ALTERNATIVES: 1.Motion and second to adopt a resolution accepting the quit claim
deed from the Township as part of the consent agenda.
2.Motion and second to remove this item from the consent agenda for
additional discussion.
2
RECOMMENDED
MOTION:
Alternative 1.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A QUIT CLAIM DEED FROM
SPRING LAKE TOWNSHIP FOR PROPERTY WHICH IS PART OF INDUSTRIAL CIRCLE
Motion By: Second By:
WHEREAS, In 2016 the owner of 16801 Industrial Circle requested that the city execute a
quit claim deed to clarify the boundaries of his property; and
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The city provided the requested deed but the abutting property owners did not;
and
The property owner filed in court to clarify the boundaries; and
It was discovered that Spring Lake Township held title to the land which includes
Industrial Circle; and
Industrial Circle is a city street, located within the City of Prior Lake and
maintained by the same; and
Spring Lake Township contacted the city requesting the transfer of ownership
for this parcel by quit claim deed; and,
The city attorney has recommended acceptance of the quit claim deed.
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 Quit Claim Deed from Spring Lake Township for the property which includes Industrial
Circle is hereby accepted.
3. The Mayor and City Manager are authorized to execute any documents necessary to
effectuate this transfer.
PASSED AND ADOPTED THIS 7th DAY OF AUGUST, 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
____________________________
Frank Boyles, City Manager