HomeMy WebLinkAboutCity Council Resolution 2007-220CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-220
RESOLUTION AUTHORIZING THE PURCHASE AND
SALE OF TAX -FORFEITED 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 as Outlot J, Nanterre Addition, (the "Subject Property") which the developer failed to
convey to the Nanterre Homeowner's Association ("Association") as common area and which has become
tax forfeit as a result of nonpayment of property taxes and/or special assessments by the developer;
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 Association has expressed an interest in acquiring the Subject Property to use as
common area in the Associations' development;
WHEREAS, the City desires to purchase the Subject Property and resell the parcel to the
Association 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 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 May 8, 2007 at which all persons desiring to be heard were given an
opportunity to be heard on the disposition of the Subject Property.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
Resolution No. 2007-220
Page 2 of 2
That the Subject Property is found to be unbuildable pursuant to the City's zoning and
building codes.
2. 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 Association shall
reimburse the City $1,000 (covers purchase price, deed preparation, recording
fees, State deed tax, and City Attorney fees). (The City would reimburse the
homeowners association for any amount remaining of the balance following
completion of the transaction).
b. The Association recording covenants against the Subject Property restricting its use
for Association common area and not for development.
3. That the Subject Property may be sold to the Association simultaneous with or immediately
following acquisition by the City of the Subject Property under paragraph 2.
4. That the acquisition and conveyance of the Subject Property to the Association has no
relationship to the City's comprehensive plan.
5. 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 the Plymouth City Council on May 8, 2007.
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
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
May 8, 2007, 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