HomeMy WebLinkAboutCity Council Resolution 2015-197CITY OF PLYMOUTH
RESOLUTION No. 2015-197
RESOLUTION APPROVING CONVEYANCE OF REAL PROPERTY
AND DISPENSING WITH STATUTORY REQUIREMENTS FOR
REVIEW BY PLANNING COMMISSION OF DISPOSAL OF REAL PROPERTY
WHEREAS, the City of Plymouth ("City") owns property legally described in Exhibit A ("Subject
Property") ; and
WHEREAS, the City proposes to transfer fee title to the Subject Property, subject to an easement for
drainage and utility purposes to John M. Smith ("Smith"), who owns the property adjacent to the Subject
Property located at 16735 County Road No. 6, Plymouth, Minnesota 55447 ("Smith Property'); and
WHEREAS, the City Council finds that it has no purpose for the Subject Property and that the
conveyance of the Subject Property to Smith, the abutting property owner, is in the best interest of the City;
and
WHEREAS, the City will reduce maintenance costs through conveyance of the Subject Property; and
WHEREAS, 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
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 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 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 June 23, 2015, 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 Smith 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 a quit claim deed to Smith is hereby approved conditioned upon:
(i) reserving an easement for drainage and utility purposes over the Subject Property;
(ii) Smith executing a lot combination request to the County for combining the Subject Property
with the Smith Property 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 by the City Council on this 23rd day of June, 2015.
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
June 23, 2015, 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
EXHIBITA
All that part of the East one-half of the Southwest one-quarter (E 1/2 of SW 1/4) of Section 29, Township
118 North, Range 22 West, described as follows: Commencing at the Northeast corner of Lot One (1),
Block Two (2), Kreatz Highview Acres Third Addition; thence Easterly along the Southerly right-of-way lines
of County Road No. 6 a distance of 210 feet to the point of beginning of the property to be described;
thence South parallel with the East line of said Lot One (1) to the North line of Lot Three (3), Block Two (2),
Kreatz Highview Acres; thence East along said North line to a point distant 363 feet West of the East line of
said Southwest one-quarter (SW 1/4), said distance being measured parallel with the South line of said
Southwest one-quarter (SW 1/4); thence North parallel with the East line of said Southwest one-quarter
(SW 1/4) to the Southerly right-of-way line of County Road No. 6; thence Westerly along said Southerly
right-of-way line to the point of beginning, Hennepin County, Minnesota.