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.
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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.
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The total consideration otv°E?i gWarisi'Wi G !888 =than $500.00
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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