HomeMy WebLinkAboutCity Council Resolution 2014-071CITY OF PLYMOUTH
RESOLUTION No. 2014-071
A RESOLUTION DISPENSING WITH THE STATUTORY
REQUIREMENTS FOR REVIEW BY THE PLANNING COMMISSION
OF DISPOSAL OF REAL PROPERTY
WIAEREAS, the City of Plymouth ("City") owns property legally described
in Exhibit A ("Subject Property"); and
WIAEREAS, Hennepin County has requested an easement for highway
purposes over the portion containing Xenium Lane North and legally described in
the attached Exhibit; and
WIAEREAS, the City proposes to grant the Easement to the County and
proposes to transfer fee title to the Subject Property, subject to the Easement, to
Donald Felling and Jean Felling, husband and wife, ("Fellings"), who own the
property adjacent to the Subject Property; and
WIAEREAS, upon granting the Easement, the remaining portion of the
Subject Property is small and an unusual configuration and will have no direct
access to roadways; and
WIAEREAS, the City Council finds that it has no purpose for the Subject
Property and that the conveyance of the Subject Property to the abutting property
owner, the Fellings, is in the best interest of the City; and
WIAEREAS, 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
WIAEREAS, 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
WIffiREAS, 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 February 25, 2014, 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 RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. The City Council finds that the disposal of the Subject Property to the
Fellings has no relationship to the comprehensive municipal plan.
2. Review by the Planning Commission of the disposal of the Subject
Property is hereby dispensed with and granting the Easement to Hennepin
County and a quit claim deed to the Fellings is hereby approved conditioned
upon:
(i) recording of the Easement occur prior to recording of the deed to
the Fellings;
(ii) the Fellings executing a lot combination request to the County for
combining the Subject Property with their abutting parcel which
request shall be submitted to Hennepin County simultaneously with
the recording of the deed to the Subject Property;
3. The Mayor and City Manager are authorized and directed to execute all
documents, and take all appropriate measures to dispose of the Subject
Property accordingly.
ADOPTED this 25th day of February, 2014.
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 February 25, 2014, 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