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ITEM 3.13 Resolution 2018-03_swr ts 0tSTVe F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney January 8, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Consent Agenda City Administrator/Finance Director Flaherty 3.13 AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends that the Council approve the attached Resolution Requesting Wright County To Approve City of Otsego Request That State of Minnesota Quit Claim Interests In Certain Property to the City of Otsego. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City is moving forward with acquisition of right-of—way for the 85th Street and MacIver project scheduled to begin construction later this year. The City Council has previously determined that they would like to go forward with acquisition of the parcel described in the resolution, located near the new E-8 school, for a possible exchange of that property for right of way needed by the City. The procedure required for this process requires an initial resolution from the City indicating that it wants to purchase the property for fair market value. The fair market value is determined by the County. The transaction then needs to be approved by resolution of the Wright County Board of Commissioners. The County then conveys the request to the State of Minnesota who makes the final determination and issues a quit claim deeds transferring the property without restrictions. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2018-03 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve Resolution No. 2018-03 Requesting Wright County To Approve City of Otsego Request That State of Minnesota Quit Claim Interests In Certain Property To the City of Otsego. BUDGET INFORMATION FUNDING: BUDGETED: N/A $o_956 (Rev. V921 Appmvedbylba Aaomcy Qeectal STATE OF MINNESOTA 41966 DEPARTMENT OF REVFNUE CONVEYANCE OF FORFEITED LANDS (Issued pursuant to Nlinnesuta Statutes,Seetion 282.01, Subdh'IS{on 1) THIS UMUNTUIM, made this 22nd day of January, 1953, between the State of Minnesota, as party, of the first part, and The City of Otsego, a Govemmental Subdivision, as party of the second part, W1T0X$9G9:Ti; 'WHEREAS, the land hereinafter described tuns duly i'orleited to the State or Minnesota to be lield in trust tri favor ofthe taxing districts for the nonpayment of taxes, and, WERRMAS, pursuant to Mttme901aStatu1es Section 282,01, Subdivision la, the party of the second part has applied to the Commissioner or Revenue for the conveyance of lands heretnafter deseribcd to be usedby it exclusively for park andrecreat[onlartds, and, _ WHEREAS, unless not required underMinnesota Statutes Section 282.01, Subdivision lbib), the Board of County Comm! stoners of the County of Wright, State of Minnesota, hats xeeommended to the Commissioner of Revenue by resolution adopted on the 24th day of August, 1992, that such conveyance bemade, NOW, TEWTWORE, the State of Minnesota, pursuant to said latus andira consideration of tb44 prep Lis s, does hereby grant or convey unto the party, of the second pmt, all the tracts or parcels of land lying and being in the County of Wright, State of Mlrmesota, desorlbed as follows, to-wIL parcel i1118.MO-281101, NY 228,ft of E 1240'? of N 495 it as meas, along N &Gln thereof, of N 119 or Section 25, Township 121, twinge 24 subj, to easemontfor road over The N 38 ft thereof and overW 33 R thereof, Section 25,TownslUp121,Range 24, Further, the Iands conveyed by this deed are not eligible for onr011nient in a State -of Minnesota funded program providing compensation for conservation of marginal land or -wetlands, TO EAvE AND TO HOLD THE SAH together with all the horeditaracuts and appurtenances thereunto belonging or In anywise appertaining, to the said party of the second part so long as it shall continue to use said land for the purpose aforesaid, and upon condition that If suchh use shall cease said land shall revert to the party of the first part as provided by law. THE GRANTOR CERTIAIES that the Grantnrl rows of one ormore -wells located on the described real property, The State of Min-nesota is issuing ibis deed for the courtly and other taxtug jurisdictions and in reliance on the Auditor's Certificate statingthat one or more -Wells are located on the above described properly. 1N TESTIMONY WHEnuolt, the State of Minnesota, party of tate first part, has caused this deed to be executed in Its name in the City of St. Paul, Ramsey County, Minnesota, tha day and year first above nvritten. lulrreseuee on STATI; 00 TdiN M$0TA ) ss. County of Ramsey ) g ift= rt JAX2YZU STATG Olt IOTA MORRIS Ti J. ANDER Cof)2ev nue �T4'_ On this 22nd day of January. 1953, before me personally, appeared hIIClf 01, P. MAIDMACHER, the duty appointed representative of the Commissioner of Revenue of the State of Minnesota, to me known to be'the person nvho executed the foregoing conveyance inbebaif of the State of Minnesota, and acknowledged that he executed the: same as the free act and deed oC said state pursnnnt to tate statutes in such case trade and provided. V !f • • ' I.N .: tr :F.4`rv. �.'i'vti _ ' r The total consideration otv°E?i gWarisi'Wi G !888 =than $500.00 71,r, Inntut6nftvric OtiltidhJ 771: {n'rm134GnH 9f Ra.—Ja $191�c1 t1Unn4Seli afP.I.W nl7tg,:rutn. $t PtAdknnacota E51a6 V r � � / 0 U 41� % 'C 0 C) � � : 1� ! \ : 9 { �u\) \ ; CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-03 RESOLUTION REQUESTING WRIGHT COUNTY TO APPROVE CITY OF OTSEGO REQUEST THAT STATE OF MINNESOTA QUIT CLAIM INTERESTS IN CERTAIN PROPERTY TO THE CITY OF OTSEGO WHEREAS, the City of Otsego received a State Tax Deed for that property identified as PID 118-800-251101 (West 220 feet of the East 1240 feet of the North 495 feet as measured along N& E In thereof, of North'/2 of Section 25, Township 121, Range 24, subject to road easements of record) lying within the City of Otsego, said deed received in 1993and attached hereto as Exhibit A; and WHEREAS, the deed contained restrictions on the use of the property, stating that it could only be used for park purposes; and WHEREAS; the City of Otsego desires to remove the current restrictions on the property, and seeks to acquire the property at fair market value for public use pursuant to Minnesota Statutes 282.01, Subd.la (b) via quit claim deed from the State of Minnesota to the City of Otsego; and WHEREAS, acquisition of the property for fair market value requires Wright County to determine fair market value of the property and also requires approval of the transaction by resolution of the Wright County Board of Commissioners. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The City of Otsego requests that Wright County establish fair market value of the property at its current County assessed valuation. 2. That the Wright County Board of Commissioners approve Otsego's request for acquisition of the property by Resolution. That the Wright County Board of Commissioners direct County staff to send the City and County resolutions to the State of Minnesota requesting approval of a quit claim deed from the State to the City of Otsego with no restrictions. 4. That the City Clerk is hereby directed to transmit a certified copy of this Resolution to Wright County for consideration by the Wright County Board of Commissioners. 5. The Mayor and City Clerk are hereby authorized to execute the Resolution on behalf of the City of Otsego. ADOPTED this 8th day of January, 2018 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member and seconded by Council Member. IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2