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HomeMy WebLinkAboutCity Council Resolution 2014-278CITY OF PLYMOUTH RESOLUTION NO. 2014-278 A RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF MINNESOTA AND REACQUISITION OF FEE TITLE TO CERTAIN TAX -FORFEITED LANDS AND CONVEYANCE OF THE TAX FORFEITED LANDS TO ABUTTING PROPERTY OWNER 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 4565538 with the Hennepin County Recorder, the City of Plymouth became the present owner for public use of certain tax -forfeited lands identified as P.I.N. 35-118-22-14-0011, located in the City of Plymouth, Hennepin County, and legally described in the attached Exhibit "A" (the "Premises"); and WHEREAS, the City desires to reconvey 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, Lakewest Development Co., LLC, a Minnesota limited liability company ("Developer") is in the process of obtaining fee title to properties located in the City of Plymouth, Hennepin County legally described in the attached Exhibit "B" ("Lakewest Properties") which abuts the Premises and has requested the opportunity to purchase the Premises; and WHEREAS, the City requests acquisition of the Premises for resale of the Premises to the Developer to be combined with the Lakewest Properties; and 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 ten 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 26, 2014 at which all persons desiring to be heard were given an opportunity to be heard on the disposition of the Premises. 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 reconvey 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 Developer acquiring fee title to the Lakewest Properties; 3. The re -conveyance and acquisition of the Premises by the City is conditioned upon the Developer reimbursing the City for the purchase price established by the County for the Premises and all City costs and fees associated with the acquisition conveyance of the Premises and providing a cash escrow for the estimated costs of the foregoing; 4. That the Premises be conveyed to the Developer simultaneous with or immediately following acquisition by the City of the Premises, provided that the Developer simultaneously records a final plat for the Premises and Lakewest Properties that includes a drainage and utility easement over the Premises for the City's sanitary sewer and storm sewer utilities; 4. That the acquisition and conveyance of the Premises to the Developer 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 Developer 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 this 26th day of August, 2014. 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 26, 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 EXHIBIT "A" Legal Description of Premises: The North 60 feet of the South 390 feet of the West 180 feet of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118, Range 22, Hennepin County, Minnesota. EXHIBIT `B" Legal Description of Lakewest Properties: PIN 4 35-118-22-14-0010 The West One Hundred Eighty (W 180') feet of the North Two Hundred Twenty-five (N 225') of the South Six Hundred Fifteen (S 615') feet of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 35, Township 118, Range 22, Hennepin County, Minnesota. and PIN 4 35-118-22-14-0012 The West 230 feet of the South 330 feet of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota.