HomeMy WebLinkAboutCity Council Resolution 2008-187CITY OF PLYMOUTH
RESOLUTION NO. 2008-187
RESOLUTION AUTHORIZING THE PURCHASE AND RESALE
OF SURPLUS PROPERTY AND DISPENSING WITH STATUTORY
REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION
OF THE ACQUISITION AND DISPOSAL OF THE PROPERTY
WHEREAS, Hennepin County has provided the City with notice of a non -conservation
property legally described on Exhibit A attached hereto, (the "Subject Property") which has become
tax forfeit as a result of nonpayment of property taxes and/or special assessments;
WHEREAS, in accordance with the City Council's Tax Forfeit Land policy, the parcel has
been reviewed; and
WHEREAS, the Subject Property does not serve a public purpose; and
WHEREAS, the abutting property owner, Michael Whitehill (`Buyer"), has expressed an
interest in acquiring the Subject Property to be combined with Buyer's existing parcel;
WHEREAS, the City desires to purchase the Subject Property and resell the parcel to the
Buyer consistent with the use originally intended for the Subject Property and in order to put the
Subject Property back on the tax rolls;
WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the
City's proposed acquisition and 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 acquisition or 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
WHEREAS, ten days published notice of the hearing was given and the City Council has
conducted a public hearing on June 10, 2008 at which all persons desiring to be heard were given an
opportunity to be heard on the disposition of the Subject Property.
Resolution No. 2008-187
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. That the Subject Property may be acquired in accordance with the Hennepin County
procedures for conveyance of tax -forfeited property conditioned upon the following:
a. Prior to the City's acquisition of the Subject Property, the Buyer shall enter
into a Purchase Agreement requiring payment by Buyer of all City costs and
fees associated with the acquisition and conveyance of the Subject Property
and requiring earnest money for the frill purchase price;
b. The Buyer combining the Subject Property with Buyer's abutting parcel;
2. That the Subject Property may be sold to the Buyer simultaneous with or immediately
following acquisition by the City of the Subject Property under paragraph 1 a.
3. That the acquisition of the Subject Property from the County and conveyance of the
Subject Property to the Buyer has no relationship to the City's comprehensive plan.
4. Review by the Planning Commission of the acquisition and conveyance of the Subject
Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and
City Clerk are authorized and directed to execute all documents, and take all appropriate measures to
acquire and dispose of the Subject Property as provided herein.
Adopted by City Council on June 10, 2008.
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 June 10, 2008, 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
Resolution No. 2008-187
Page 3
EXHIBIT A
All of that part of the South 205 feet of the East 153 feet of the East one-half of the Southeast
Quarter of the Northeast Quarter of Section 16, Township 118, Range 22, which lies westerly of
the east 40.00 feet thereof and northerly of the following described line:
Commencing at the southwest corner of the above referenced tract; thence run northerly
along the west line thereof for a distance of 82.47 feet to the actual point of beginning of
the line being described; thence easterly, deflecting right 84 degrees 38 minutes 03
seconds for 70.03 feet to a point on a tangential curve, concave to the northwest having a
radius of 49.00 feet; thence northeasterly along the arc of said curve a distance of 61.83
feet more or less to the west line of the east 40 feet of said Southeast Quarter of the
Northeast Quarter of said Section 16 and said line there terminating.
Reserving to the County of Hennepin an easement for drainage and utility purposes over the
southerly, southeasterly and easterly 10.00 feet of the land herein being conveyed
Also reserving to the County of Hennepin all mineral rights in said land pursuant to Minnesota
Statute Section 373.01
Also reserving to the County of Hennepin the right to restrict all right of access, including but not
limited to ingress and egress to CSAH No. 9 and Fernbrook Lane North, over, under and across
the land herein being conveyed