HomeMy WebLinkAboutCity Council Resolution 2013-291CITY OF PLYMOUTH
RESOLUTION No. 2013-291
RESOLUTION DIRECTING THE RE -CONVEYANCE TO THE STATE OF MINNESOTA AND
REACQUISITION OF THE FEE TITLE TO CERTAIN TAX -FORFEITED LANDS AND CONVEYANCE
OF THE TAX -FORFEITED LANDS TO THE PROPERTY OWNERS
WHEREAS, the City Council of the City of Plymouth is the official governing body of the
City of Plymouth; and
WHEREAS, pursuant to that certain deed dated April 18, 1980, and filed on May 30, 1980,
as Document Number 4565533 with the Hennepin County Recorder/Registrar of Titles, the City of
Plymouth became the present owner for public use of certain tax -forfeited lands identified as P.I.N.
35-118-22-31-0004, located in the City of Plymouth, Hennepin County, and legally described in the
attached Exhibit "A" (the "Premises");
WHEREAS, the City desires to re -convey the Premises to the State of Minnesota for the
purposes of an outright purchase by the City of fee title to the Premises at a cost to be determined by
Hennepin County; and
WHEREAS, Martina and Alan Johnson ("Owners") are fee owners of property located in the
City of Plymouth, Hennepin County legally described in the attached Exhibit "B" ("Johnson Property")
which abuts the Premises and have requested the opportunity to purchase the Premises;
WHEREAS, the City requests acquisition of the Premises for resale of the Premises to the
Owners to be combined with the Johnson Property;
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 August 27, 2013 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 AS FOLLOWS:
1. Staff is authorized and directed to take such steps as are necessary to re -convey the
Premises to the State of Minnesota for purposes of outright purchase by the City of the fee title;
2. The re -conveyance and acquisition of the Premises by the City is conditioned upon the
Owners providing a cash escrow for the County purchase price for the Premises and all City costs and
fees associated with the acquisition conveyance of the Premises;
3. That the Premises be conveyed to the Owners simultaneous with or immediately
following acquisition by the City of the Premises, provided that the Owners submit a Hennepin County
lot line adjustment for the Premises and Johnson Property simultaneous with the City's release of the
deed to the Premises;
4. That the acquisition and conveyance of the Premises to the Owners has no relationship
to the City's comprehensive plan.
5. Review by the Planning Commission of re -conveyance and acquisition of the Premises
from the State and conveyance of the Premises to the Owners 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 Premises as provided herein.
ADOPTED by the Plymouth City Council on August 27, 2013.
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 August 27, 2013 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
EXHIBIT "A"
Legal Description of Premises:
The West 45.00 feet of the East 366 4/10 feet of the Northeast Quarter of the Northeast Quarter of
the Southwest Quarter of Section 35, Township 118, Range 22, Hennepin County, Minnesota, lying
north of the highway.
EXHIBIT `B"
Legal Description of Johnson Property:
The West Ninety (90) feet of the East Two Hundred Seventy-six and 4/10 (276.4) feet of the
Northeast Quarter (NEI /4) of Northeast Quarter (NEI/4) of Southwest Quarter (SWI/4) of Section
Thirty-five (35), Township One Hundred Eighteen (118), Range Twenty-two (22), lying North of the
Center line of County Highway 47, (now known as County Highway 415) except that part thereof
used for highway purposes,
AND
The Easterly one-half (1/2) of the West Ninety (90) feet of the East Three Hundred Sixty-six and
4/10 (366.4) feet of the Northeast Quarter (NEI /4) of the Northeast Quarter (NEI/4) of the
Southwest Quarter (SWI/4) of Section Thirty-five (35), Township One Hundred eighteen (118),
Range Twenty-two (22), lying North of the center line of County Highway 47, (now known as
County Highway 415) except that part thereof used for highway purposes.