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Home My WebLink About1998-04-01 PACKET 04.D.RECkUEST OF CITY COUNCI� ACTION COUNCIL AGENDA MEETING ITEM # DATE 04/01l98 e �, PR�PARED BY Public Works John Fredrickson ORIGlNATIiVG D�PART�E�lT STAFF AUTHOR w x x a e c� w� x r �e w e e m x x a a: ,v rr w�.a z r� w x e t r� r� w++ tr,t r x W n t COUNCIL ACTION F2EQUEST Adoption of a resolution authorizing a subdivision waiver; autharizing reconveyance of tax forfeited lands to the State of tvlinnesota; recommending that lands be sold to adjoining property owner. BUDGET IMPLICATION: $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUB�IC SAFETY ❑ PUB�IC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICESIRIGH7S ❑ ECONOMIC DEV. AUTHORITY ❑ ..�- �• �.� �' � ' �' • • �•'�, � �. $ ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ John Fredrickson 03/24/9$ ❑ ENGINEERING RECOMMENDATION: � I.EGAL RECOMMENDATION: �orrine Thomsan 03/19/98 � OTHER: Reconveyance Deed �� -• •- •' � � �� c� ( �f , �` �� 5�� ,�___�__ __ :r� __1� _�Ci4yAdministrator �ate �.��.�.��.��<�<�.<.��.��«��.�,.�� cou�ciL,�c �A��: C--1 A��ov�� ❑ ��i�� ❑ oi�E� • ' � � TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: JOHN FREDRICKSON SUBJECT: SALE OF TAX FORFEITED �AND TO JANNETT05 DATE: MARCH 24, 1998 ISSUE In September of 1997, the City Council authorized the conveyance of a triangular piece of public property to Jay and Terri Janetto, 8498 Jeffery Avenue South, and directed the City Attorney to draft the proper legal documentation. DISCUSSION Several weeks ago, Staff contacted the City Attorney's office to determine the status of the land conveyance. Staff was informed that they inadvertently did not prepare the legal documentation as required for land conveyance, but would get on it immediately. In follow up to our conversation, they have prepared a resolution and a reconveyance deed that must be approved by the City Council and forwarded to Washington County for processing. COUNCIL ACTIQN REQUESTED Staff wouid request Council adoption of a resolution authorizing a subdivision waiver; authorizing reconveyance of tax forfeited lands to the State of Minnesota; recommending that lands be sold to adjoining property owner. This issue is being placed on the April 1, 1998 City Council Agenda for consideration and action. Kennedy Graven . _ : . . . 470 Pillsbury Ceneer 200 Soueh Sixeh Streec Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: atrys@kennedy-graven.com CORRINE H. THOMSON A[tomey at I.aw Dlrect Dial (612) 337A217 e-mail: cthomson@kennedy-grnven.com March 19, 1998 John Fredrickson City of Cottage Grove 75? 5 - $Ot�h S+re�et South Cottage Grove, MN 55016-3915 RE: Sale of Land to 7annettos Deaz John: I am enclosing a resolution and a deed in connection with the sale of tax-forfeited land to the Jannettos. The resolution does three things: (1) it approves the subdivision of part of vacated 7effery Avenue South (the� "Parcel") and the combinauon of the Parcel with the 7annettos' property; (2) it authorizes the reconveyance of the Parcel to the State of Minnesota; and (3) it recommends to the County Board that the Parcel be sold to the Jannettos. Once the City Council has approved the resolution, you need to send a copy of the resolution and the original executed deed to Washington County. The County wili process the matter from there. It would probably expedite matters if the documents are accompanied by a cover letter that explains what the City is trying to accomplish. I atTempted to get an estimaCe of the time that it wi11 require, but the person who handles tax forfeited land matters was not available. I was given an esdmate of 8 weeks or more to complete the matter. AS 1 1l1CDilODECl Iri rily I1A, thCZC 1J a1JV 3 yiiZSuvu vi tiv T�1.S S31e ^??�S t0 hP handied pursuant to Section 2-80 of the City Code. That section applies to sales of park land; however, this parriculaz land can only be sold to the State of Minnesota and cannot be oPfered to other purchasers. Sincerely, � ,�% �-�� Corrine H. Thomson Enclosures cc: Roben Long (w/encs) CAH140142 CT160-32 RESOLUTION NO. 98- A RESOLUTION AUTHORIZING A SUBDIVISION WAIVER; AUTHORIZING RECONVEYANCE OF TAX FORFEITED LANDS TO THE STATE OF MINNESOTA; RECOMMENDING THAT LANDS BE SOLD TO ADJOINING LAND OWNER WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivision 1, the State of Minnesota, as trustee under Minnesota Statutes, Section 281.25 on the 4` day of February 1994, conveyed to the City of Cottage Grove, the following described lands for parks and open space: Lots 1, 2, and 3, Block 5, JAMAICA RIDGE, Washington County, Minnesota (the "Tax Forfeited Lots"); and, WHEREAS, by operation of law, the conveyance of said Tax Forfeited Lands included the unvacated right-of-way of Jeffrey Avenue South, as dedicated in the plat of JAMAICA RIDGE and lying adjacent to the Tax Forfeited Lots ("Jeffrey Avenue"); and, WHEREAS, by Resolution No. 94-36 adopted on February 16, 1994, the City of Cottage Grove subsequently vacated said Jeffery Avenue South; and, WHEREAS, Jay Jannetto and Terri Jannetto are the owners of Lot 6, Biock 1, SANDY HILLS SIXTH ADDITION, Washington County, Minnesota and adjacent vacated street (the "Adjacent Property"), which lot and vacated street are adjacent to and immediately south of the Tax Forfeited Lots and Jeffrey Avenue; and WHEREAS, the Jannettos have requested that they be given the opportunity to purchase the following described portion of Jeffrey Avenue, to be added to their lots: That part of vacated Jeffrey Avenue South as dedicated on the recorded plat of JAMAICA RIDGE described as beginning at the southeast corner of said Jeffrey Avenue; thence South 89 degrees 45 minutes 11 seconds West along the south line of said Jeffery Avenue 111.76 feet; thence North 27 degrees 41 minutes 12 seconds East 36.98 feet; thence South 71 degrees 32 minutes 42 seconds West 100.00 feet to the point of beginning. (the "Parcel"); and, WHEREAS, the division of the Parcel from the adjacent Tax ForFeited Lots and the combination of the Parcel with the Adjacent Property would not interfere with the purpose of the City's subdivision regulations; and, WHEREAS, the sale of the Parcei to the Jannettos would promote the return of the Parcel to the tax rolis; and, WHEREAS, Minn. Stat. § 282.01, subdivision 7a allows the sale of tax-forfeited land to the owners of land abutting the tax-forfeited land. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COTTAGE GROVE, WASHINGTON COUNTY, as follaws: 1. Pursuant to Minn. Stat. § 462.358, subd. 4b, the City Council approved a waiver of the subdivision regulations with respect to the division of the Parcel and the combination of the Parcel with the Adjacent Property. 2. The City Council authorizes and directs the mayor and city clerk to execute a deed reconveying the Parcel to the State of Minnesota pursuant to Minn. Stat. § 282.01, subd. 1d, for resale pursuant to Minn. Stat § 282.01, subd. 7a. 3. Pursuant to Minn. Stat. § 282.01, subd. 7a, the City Council hereby recommends to the Washington County Board that the Parcel be sold to Jay Jannetto and Terri Jannetto, husband and wife, upon the following conditions: a. That the Jannettos reimburse the City and Washington County for their expenses in connection with the reconveyance of the Parcei to the State of Minnesota and sale to the Jannettos; and b. That upon purchase of the Parcei, the Parcel shall be combined with the Adjacent Property as a single tract of record and a single tax parcel. Passed this 1 st day of April, 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Cierk pp�rt�+rnt ef Hw�mw SDFO� 9761Rw. t 1M) Aoxw�d W wnomw Gnenl'7-70$9 RECONVEYANCgY 60VERNMEN7AL SUBU V 5 ONSOF MtNNE50TA WHEREAS, Vunuant to �innyote Stt[utes. Section 282.01. Subd�vision t. the StATE OF M�NNE507A, es uustee under M�nnewts Stetuta. Section 281_25 boi�9� ' na ee o.�8��' 79�, conveyed to ° • a govemmental subdivision, tke lands heremeker det�rtbed, to be used for a� suthwtzed public use, and WHEREAS. Seid 9�mmenal subdlvisia+��taMnl��""�'�� ,��has abendoned M+e whlic use fo� whkh weh land wss conraved, and now desirea m recoiwev sa�d lends ta the State of Minnesota. as wch trustee. NOW, THEREFORE, This indenture. made th�s daV of .�g —� b�tWeen C1t f ta e Gtoo! ' ""� a gOVe�nmpM�al9Ubd�vision of tt2 State of Min�sob, n W�tV of the first part. erd the State of MiniresoU. aa Mustee as heteinaiter set forth. ea partv of the 9econd part, WITNESSETH, ?hat the sa�d oertV of the first part. in conaiderot�a+ of che oremises and otl+er valuabk cons;derat�ons, the receipt wMereat �s herebv acknowledgad. does herebv Grant, Barga�n, Qu�tciaim arn! Reconvey unto the said PartV of the seco�d part a�l th¢ tr�t or parcei oi land lying and be�nq i� tMe County of v �,+ gt �n the State of Minnesota, desvibed as fo�lows, to-w�i: See actathad Exhibit A �in tnlst as prov�dEd bY Minnesota Statutes. Sect�on 281.25. upon Iike co�d�t�ons and with like ef{ect as if se�d lands had not been eomeyed to said perev of the Nrst part as atore�id. 70 HAVE AND TO HOLO TNE SAME, Togetfier with ail the ficreditaments aad apP�rteea�aes $,ereunte belonging a�n anvw�se appertaining, to the said oany of t�+e second part and its sucttssws and acsigns, Forever. IN 7ESTlMONY WHEREOF, Said perty of the tint o� has m�sed thest presentsto be executed in itt coroorote name by its and its and �u corporate seai to be hereunto a4fixed the day and year f�rst above written. In Presence of: J nrrnrr rnmr{' N�ef GOM�nm�nlN Sylef�Nfc� BY d�'OL � } �+ @Y '14�%4104� eYYn net K1M�klb4. STA7E OK M�NNES07A 1 County of 1 ss ' On thii daY of . 19_., before me. a wiihin and for said [alniy. personally eppeared and to ma Cers0na kmwrt. who• be'ng e�eh bY me du�V 5worn seV that they m�espe�tive�V � and the o; M govemmenbl wbdivision nemad in the fpreyoing in�trument, and that the sea� affized to said inatrumeM is N+e aorporata sesl of seld garernmenta� subdiv�sion, and that said ._ ... instcummt wffi signed and�led in bebxlf of_soid govemmenta) subdivision by authority of itt snd sa�d � aelcnowled9ed sa�d'fmtrumeM to be the free act arai &ed of ea�d 9�M^'e"�1 wbdivkion. APPROVAI The undersigned, �cting for the Gunmiasioner of Revenue of the State oi Minnesota, underddegat�o� of auNwrity dulY tiled wtth the SecretaN ot State, does here6yapprovethtforego�ngmnvavancatoche StAte Of Minnesota. Deted_ StAtE Of MINNES07A In the Pre4enee of: �� e� ne�e�u. 8y