HomeMy WebLinkAboutCity Council Resolution 2023-275
C ITY OF P LYMOUTH
R ESOLUTION N O.2023-275
R ESOLUTION D ISPENSING WITH S TATUTORY R EQUIREMENTS FOR
R EVIEW BY P LANNING C OMMISSION OF D ISPOSAL OF R EAL P ROPERTY
AND A PPROVING C ONVEYANCE OF P ROPERTY
WHEREAS, John E. Brose and Leah Jones-Brose (“Owners”) are the fee owners of property
located at 10118 South Shore Drive, Plymouth, MN 55441 (“Owner Parcel”); and
WHEREAS, Owners are in the process of conveying the Owner Parcel that included a portion of
the abutting vacated right of way; and
WHEREAS, on July 1, 1991, by City Resolution No. 91-352, the city previously vacated the right-
of-way for Central Avenue that previously abutted the Owner Parcel following the realignment of the
right-of-way for South Shore Drive and 13th Avenue, which vacation was presumed to accrue in full to
the Owner Parcel; and
WHEREAS, the Examiner of Titles has indicated that it is unclear whether there may be a fee
interest in the south half of the vacated Central Avenue, which issue is creating an encumbrance on the
title to the Owner Parcel in connection with their sale of the property; and
WHEREAS, the Owners and Purchaser have requested a quit claim deed from the city for the
portion of the vacated Central Avenue abutting the Owner Parcel to clear title issues as legally described
in Exhibit A (“Vacated Property”); and
WHEREAS, the City Council finds that it has no purpose for the Vacated Property and that the
city will reduce unnecessary maintenance costs through conveyance of the Vacated Property; and
WHEREAS, the city finds that the conveyance of its interest in the Vacated Property by quit claim
deed to the abutting property owner is in the best interest of the city, provided that the Vacated
Property is combined with the Owner Parcel as a single tax parcel; and
WHEREAS, Minn. Stat. §462.356, subd. 2 requires that the Planning Commission review the
city's proposed disposal of real property for compliance with the comprehensive plan and to report to
the City Council in writing its findings; and
WHEREAS, Minn. Stat. §462.356, subd. 2 provides for an exception from the requirement for
review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement
and finding that the disposal of the real 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
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Resolution 2023-275
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WHEREAS, 10 days published notice of the hearing was given and the City Council has conducted
a public hearing on October 24, 2023, at which all persons desiring to be heard were given an
opportunity to be heard on the disposition of the Vacated Property.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. The City Council finds that the disposal of the Vacated Property to the Owners has no relationship to the
comprehensive municipal plan.
2. Review by the Planning Commission of the disposal of the Vacated Property is hereby dispensed
with and C onveyance of the city’s interest in the Vacated Property by quit claim deed to the Owners is
approved conditioned upon Owners combining the Vacated Property with the Owner Parcel as a single
tax parcel.
3. The Mayor and City Manager are authorized and directed to execute all documents and take
all appropriate measures to dispose of the Vacated Property accordingly.
APPROVED by the City Council on this 24th day of October, 2023.
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
October 24, 2023, 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
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Resolution 2023-275
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EXHIBIT A
Legal Description of Vacated Property
That part of Government Lot 4, Section 25, Township 118, Range 22, Hennepin County, MN described as
follows: Commencing at the southeast corner of Lot 11, East Medicine Lake Addition according to the
recorded plat thereof, Hennepin County, MN; thence on an assumed bearing of south 67 degrees, 02
minutes, 00 seconds west along the southerly line of said Lot 11, a distance of 86.80 feet to the southwest
corner of said Lot 11; thence south 16 degrees, 35 minutes, 42 seconds east a distance of 10.00 feet;
thence easterly along a non-tangential curve concave to the south having a radius of 569.50 feet a central
angle of 09 degrees, 07 minutes, 13 seconds and a chord bearing of north 77 degrees, 57 minutes, 55
seconds east an arc distance of 90.65 feet to the point of beginning of the land to be described; thence
continuing on the easterly extension of the last described curve having a radius of 569.50 feet, a central
angle of 09 degrees, 27 minutes, 04 seconds and a chord bearing of north 87 degrees, 15 minutes, 03
seconds east an arc distance of 93.94 feet to the southerly line of Central Avenue as platted in East
Medicine Lake Addition; thence north 62 degrees, 46 minutes, 00 seconds east along said southerly line a
distance of 2.56 feet; thence north 27 degrees, 14 minutes, 00 seconds west a distance of 66.00 feet to
the southeast corner of Lot 10 in said East Medicine Lake Addition; thence south 62 degrees, 46 minutes,
00 seconds west along the southerly line of said Lot 10, a distance of 86.95 feet to the southwest corner
of said Lot 10; thence south 25 degrees, 06 minutes,00 seconds east a distance of 27.13 feet to the point
of beginning.
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