HomeMy WebLinkAboutCity Council Resolution 2021-127
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-127
R ESOLUTION A PPROVING THE C ONVEYANCE OF R EAL P ROPERTY LOCATED IN
P ART OF THE SE Q UARTER OF S ECTION 24, T OWNSHIP 118, R ANGE 22 AND
D ISPENSING WITH S TATUTORY R EQUIREMENTS FOR R EVIEW BY
P LANNING C OMMISSION OF C ONVEYANCE OF P ROPERTY
WHEREAS, the City is the fee owner of the property legally described in Exhibit A attached hereto
(“Subject Property”); and
WHEREAS, the Minnesota Department of Transportation (“MnDOT”) turned back to the City the
Subject Property which was not needed in connection with the Highway 169 corridor expansion; and
WHEREAS, the City vacated the right of way over the Subject Property pursuant to City Resolution
No. 2017-310; and
WHEREAS, Gary and Rita Brummer (“Brummers”) are the fee owners of that certain real property
abutting the Subject Property which is legally described in Exhibit B attached hereto (“Brummer Property”)
and they have requested to acquire the Subject Property to be combined with the Brummer Property; and
WHEREAS, the City has determined that it has no need for the Subject Property and has
determined that is has limited or no value and desires to convey the Subject Property by quit claim deed to
the Brummers for $1.00, provided the City incurs no cost in connection with the conveyance; and
WHEREAS, the Subject Property is a portion of a larger parcel owned by the City and must be
combined with the Brummer Property as a lot line adjustment; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's
proposed acquisitions and dispositions of property; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning Commission
review requirement upon 2/3 vote of the City Council dispensing with the requirement and finding that
the acquisition or disposal of the property has no relationship to the comprehensive municipal plan; and
WHEREAS, before the City may dispose of real property, the City Charter requires the City to hold
a public hearing for the proposed disposition preceded by 10 days' published notice; and
WHEREAS, ten days published notice of the hearing was given and the City Council has conducted
a public hearing on April 13, 2021, at which all persons desiring to be heard were given an opportunity to
be heard on the disposition of the Subject Property.
Resolution No. 2021-127
Page 2 of 5
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. The City Council finds that the conveyance of the Subject Property has no relationship to the
comprehensive municipal plan.
2. Review by the Planning Commission of the acquisition of the Property is hereby dispensed with.
3. The proposed transaction and lot line adjustment are approved, and the Mayor and City
Manager are authorized and directed to execute all documents and take all appropriate measures to
convey the Subject Property by Quit Claim Deed for $1.00, provided the Subject Property is combined with
the Brummer Property and the City incurs no costs associated with the conveyance.
APPROVED by the City Council on this 13th day of April, 2021, by a 2/3 vote of the City Council of
the City of Plymouth, Minnesota.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
April 13, 2021 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of
__________________, __________.
____________________________________
City Clerk
EXHIBIT A
TO
RESOLUTION
SUBJECT PROPERTY:
That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 118, Range 22,
Hennepin County Minnesota, described as follows:
Commencing at the northeast corner of Lot 2, Block 1, SUNRISE MARSH, according to the recorded plat
thereof; thence South 00 degrees 07 minutes 29 seconds East, along the east line of said Lot 2, a distance of
135.10 feet to an angle point on the east line of said Lot 2 and the point of beginning of the Trunk Highway
to be described; thence continuing South 00 degrees 07 minutes 29 seconds East a distance of 120.00 feet
to the easterly extension of the southern most line of said Lot 2; thence North 89 degrees 55 minutes 42
seconds West, along said extended line, a distance of 70.00 feet to the easterly termination of said southern
most line of Lot 2; thence North 00 degrees 07 minutes 29 seconds West, along ‘Line A’ as shown on said
plat, a distance of 120.00 feet to an angle point in the east line of said Lot 2; thence continuing along said
‘Line A’ North 89 degrees 52 minutes 31 seconds East, a distance of 70.00 feet, to the point of beginning and
there terminating.
EXHIBIT B
TO
RESOLUTION
BRUMMER PROPERTY:
TRACT 1:
Parcel 1:
The South 353.60 feet of the North 918.60 feet of the East 938.70 feet and the East 683.00 feet lying South
of the North 918.60 feet of the following described tract:
All that part of the South Half, Northeast Quarter, Section 24, Township 118, Range 22, described as follows:
Commencing at the Northeast corner of the Southeast Quarter Northeast Quarter; thence West along the
North line thereof, 1401.78 feet, thence at right angles South 932.25 feet, thence at right angles East and
parallel to the North line thereof, 1401.78 feet to the East line thereof, thence North along said line to the
point of beginning,
Except that part which lie East of a line described as: Beginning at a point on the South line of the Northeast
Quarter of Section 24 distant 245 feet West of the East line of said Section; thence run North parallel with
the East line of said Section a distance of 120 feet; thence deflect right at an angle of 90 degrees a distance
of 70 feet; thence deflect left at an angle of 90 degree and run North parallel with the East line of said Section
to the North line of the first above described tract and there terminating.
Hennepin County, Minnesota
Torrens Property
Parcel 2:
The North 140.75 feet of the East 683.00 feet of that part of the Southeast Quarter of the Northeast Quarter
of Section 24, Township 118, Range 22 described as beginning at the Southeast corner of said Southeast
Quarter of the Northeast Quarter; thence West along the South line of said Southeast Quarter of the
Northeast Quarter, a distance of 1124.31 feet, thence North parallel with the East line of said Southeast
Quarter of the Northeast Quarter to a line drawn parallel with and 932.25 feet South as measured as right
angles from the North line of said Southeast Quarter of the Northeast Quarter, thence East along the last
described parallel line to the East line of said Southeast Quarter of the Northeast Quarter, thence South
along said East line to the point of beginning,
Except that part which lie East of a line described as: Beginning at a point on the South line of the Northeast
Quarter of Section 24 distant 245 feet West of the East line of said Section; thence run North parallel with
the East line of said Section a distance of 120 feet; thence deflect right at an angle of 90 degrees a distance
of 70 feet; thence deflect left at an angle of 90 degree and run North parallel with the East line of said Section
to the North line of the first above described tract and there terminating.
Hennepin County, Minnesota
Torrens Property
Parcel 3:
The North 565 feet of the East 763.70 feet except the North 300 feet of the West 276.70 feet thereof of the
following described tract:
All that part of the South half, Northeast Quarter, Section 24, Township 118, Range 22 described as follows:
Commencing at the Northeast corner of the Southeast Quarter, Northeast Quarter; thence West along the
North line thereof, 1401.78 feet, thence at right angles South 932.25 feet, thence at right angles East and
parallel to the North line thereof, 1401.78 feet to the East line thereof, thence North along said line to the
point of beginning,
Except that part which lies East of the following described line: Beginning at a point on the South line of the
Northeast Quarter of said Section 24, distant 245 feet West of the East line of said section, thence run North
parallel with the East line of said Section a distance of 120 feet; thence deflect right at an angle of 90 degrees
a distance of 70 feet; thence deflect left at an angle of 90 degrees and run North parallel with the East line
of said Section to the North line of the last above described tract and there terminating.
Hennepin County, Minnesota
Torrens Property
TRACT 2:
That part of Lot 2, Block 1, Sunrise Marsh, lying Easterly of the West line of the East 683.00 feet of the
Southeast Quarter of the Northeast Quarter of Section 24, Section 118, Range 22.
Hennepin County, Minnesota
Torrens Property