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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