4.1. SR 09-10-2012 �i
ilk _ REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.1
AGENDA SECTION MEETING DATE PREPARED BY
Consent September 10, 2012 Tina Allard, City Clerk
ITEM DESCRIPTION REVIEWED By
Resolution Authorizing the City of Elk River to Apply for a Cal Portner, City Administrator
Conditional Use Deed REVIEWED BY
ACTION REQUESTED
Motion to adopt a resolution authorizing the City of Elk River to apply for a Conditional Use Deed.
BACKGROUND/DISCUSSION
On May 14, 2012, the Council approved a resolution to keep parcel 75-125-4201 for public use.
This was an omitted parcel that is an overlap parcel within County Road 40.
The city requests to keep this parcel as a public use for right-of-way for a road. In order to complete a
Conditional Use Deed form, the state requires a resolution authorizing the city to apply.
FINANCIAL IMPACT
Costs will include deed tax and recording and transfer fees for property taken for public use.
ATTACHMENTS
• Resolution authorizing the City of Elk River to apply for a Conditional Use Deed
• May 14, 2012 Staff Report
Action Motion by Second by Vote
Follow Up
P011AEU a
N: Department., administrative Semces administration,Tx-, Focfeihue Sot" 091013 CC mouth Res for Coed Use INAT��
Deed.doc
RESOLUTION 12-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION AUTHORIZING THE CITY OF ELK RIVER TO APPLY
FOR A CONDITIONAL USE DEED
WHEREAS, Sherburne County,per State Statute 5282 has certified certain lands within
the City of Elk River as tax forfeited; and
WHEREAS, on May 14, 2012, the Elk River City Council adopted Resolution 12-23
Regarding the Classification of Certain Tax Forfeited Land Located Within
the City of Elk River and Specifying the Parcels to be Sold,Taken For Public
Uses, and Taken for Public Purpose; and
WHEREAS, the Elk River City Council designated,in Resolution 12-23, parcel 75-125-
4201, an omitted parcel that is an overlap parcel within County Road 40, as a
public use to be used as right-of-way for a road; and
WHEREAS, the State of Minnesota requires an authorizing resolution as part of a
Conditional Use Deed application;
NOW, THEREFORE, BE IT RESOLVED that the Elk River City Council authorizes
the City of Elk River to apply for a Conditional Use Deed for Parcel 75-125-4201.
Passed and adopted this 10"'day of September 2012.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
M\Departments\Administrative Services\Administration\Tax Forfeiture\2012\Resolution.doc
city"r REQUEST FOR ACTION
Lk.�
To ITEM NUMBER
Mayor and City Council
AGENDA SECTION MEETING DATE PREPARED BY
Administration May 14, 2012 Tina Allard, City Clerk
ITEM DESCRIPTION REVIEWED By
Resolution Regarding the Classification of Certain Tax Forfeited Cal Portner, City Administrator
Land Located Within the City of Ella River and Specifying the REVIEWED BY
Parcels to be Sold,Taken for Public Uses, and Taken for Public Tim Simon, Finance Director
Purposes
ACTION REQUESTED
Council motion adopting the attached resolution regarding the classification and sale of certain tax
forfeited properties within the city.
BACKGROUND/DISCUSSION
The city was notified by Sherburne County that certain properties within our jurisdiction have been
forfeited to the State of Minnesota for unpaid taxes. These properties have,in accordance with Minnesota
Statute 282.135, been classified by the county as either conservation or non-conservation lands. It is the
obligation of the city to review the classification and take action to concur or change the classification
placed on the parcels. In addition, the city also has to
1. Approve the parcels for public auction;
2. Approve for private auction to adjacent owners;
3. Request public use conveyance; or
4. Request a non-public sale to the city.
The city has 60 days from the date of the letter from Sherburne County to respond. The deadline for
responding to the county is Tuesday, May 29, 2012.
Various city staff completed a review of the properties and has determined the classifications and actions
as outlined in the attached resolution. Recommended below are parcels suggested for keeping;
Recommended Parcels for City Retention
1. Windsor Oak Hill Outlot(75-671-0020) -The developer was required to convey to the city under a
development agreement but failed to convey before tax forfeiture. The city would request county
board approval of a quit claim deed to the city for this parcel.
2. County Road 40 (75--125-4201)-The city engineer has requested to keep this as right-of-way for a
road.
FINANCIAL. IMPACT
Costs may include deed tax and recording fees for property taken for public use.
P (€ ERE6 8y
N:\Departments\Administrative Services\Administration\Tax forfeiture\2012\051212 CC;'1'ax Rorfcit.docs
ATTACHMENTS
• Resolution Regarding the Classification and Sale of Certain Tax Forfeited Property
® Certificate of County Board of Classification of Forfeited Lands as Described by Chapter 386,
Laws 1935 as Amended
• Map of Each of the Parcels
• General Information about Tax Forfeiture Property
Action Motion by Second by Vote
Follow Up
RESOLUTION 12-
RESOLUTION I NG THE CLASSIFICATI
FORFEITED I I N THE CITY OF ELK RIVER
SPECIFYING LS TO BE SOLD, TAKEN FOR PUBLIC USES,
TAKEN FOR AND
PUBLIC
WHEREAS, the City Council of the City of Ella River has been notified by Sherburne County that
certain parcels of land have become the property of the State of Minnesota under the
provision of law declaring the forfeiture of lands to the State for nonpayment of
taxes;
WHEREAS, State policy is to promote the"best use" of tax forfeited lands,recognizing that
some lands in public ownership should be retained for the benefit of the public while
other lands should be returned to private ownership;
WHEREAS, it has been determined by the City Council that there are no existing or pending
special assessments on said parcels;
NOW,THEREFORE BE IT RESOLVED, by the City Council that the parcels listed below,
shall be designated as non-conservation land,withheld from public or private sale
and conveyed to the City of Elk River;
EID DESCRIPTION Public Use or Reason
Public Pu ose
75-125-4201 An omitted parcel that is Public Use Right-of-way for a
an overlap parcel within road
County Road 40
75-671-0020 Windsor Oak Hill Public Use via a Oudot that the
Outlot B quit claim deed developer was
required to convey to
the city under a
development
agreement but failed
to convey before
forfeiture
NOW,THEREFORE BE IT RESOLVED, by the City Council that the parcels listed below are
designated as non-conservation land, and that all properties listed below are released
for public auction;
PID DESCRIPTION
75-691-0616 Park Pointe,Lot 8 Block 6
75-732-0205 Boulder Point,Lot 1 Block 2
75-732-0210 Boulder Point,Lot 2 Block 2
75-732-0215 Boulder Point,Lot 3 Block 2
75-732-0220 Boulder Point, Lot 4 Block 2
75-753-0010 West Oaks 4th Addition
Outlot A
75-642-0010 Meadowvale Townhomes
Outlot A
STOW,THEREFORE BE IT RESOLVED, by the City Council that the parcels listed below are
designated as non-conservation land, and that all properties listed below are released
for private sale;
PID DESCRIPTION
75-404-0128 Auditor's Subd No. 4
75-493-0170 Lundren Homes 1 st Addn N
91 ft of Lot 6, Blk 1 ex that
pt platted as road in plat of
Island View Yd Addn
75-606-0109 Dunham Addition Lot 1
Block 1
Passed and adopted this 14th day of May,2012.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
li
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CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED
LANDS AS DESCRIBED BY CHAPTER 386, LAWS 1935 AS AMENDED.
To the city of Elk River of Sherburne County
We, the members of the County Board of the County of Sherburne, Minnesota, do
hereby certify that the parcels of land hereinafter listed are all of the lands which have
been classified by us as non-conservation lands, from the list of lands forfeited to the
State of Minnesota for non-payment of taxes as provided by Minnesota Statutes 1945,
Section 282.01 as amended.
75-125-4201 Pt SE 114 lying Wly of E 106 2/3 ac& Ely of W 53 1/2 Ac
Section 25 Township 33 Range 26
75-404-0128 Auditors Subd No. 4 The S 165 ft of N 330 ft of W 172 ft of Lot 12 ex that pt of
Lot 12 desc as follows: Beg at a point on W line of Said Lot 12 a dist of 165 ft S
of NE cor thereof; thence cont S along said W line a dist of 165 ft; thenc E& para
with N line of said Lot 12 a dist of 15 ft; thence NEly on a cur to left with a radius
of 171.54 ft&a central angle of 24 deg 54 min a disc of 74.55 ft; thence N to a
point on a line para with N line of said Lot 12 & 165 ft dist S thereof which said
oint is 86 ft E meas on said para from POB; thenc EW on & along said para to
POB of tract being desc, ex E 86 ft of W 172 ft of S 165 ft on N 330 FT of Lot 12.
75-493-0170 Lundgren Homes 1st Addn N 91 ft of Lot 6, Blk 1 ex that pt patted as road in plat
of Island View 3rd Addn.
75-606-0109 Dunham Addition Lot 1 Block 1
75-642-0010 Meadowvale Townhomes Oulot A
75-671-0020 Windsor Oak Hill Outlot B
75-691-0616 Park Pointe Lot 8 Block 6
75-732-0205 Boulder Point CIC 72 Lot 1 Block 2
75-732-0210 Boulder Point CIC 72 Lot 2 Block 2
75-732-0215 Boulder Point CIC 72 Lot 3 Block 2
75-732-0220 Boulder Point CIC 72 Lot 4 Block 2
75-753-0010 West Oaks 4th Addition Outlot A
In witness whereof we have hereunto subscribed our names this day of
�t�G V e),iA)..y c , 2011.
r -a *Chairman
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Attest:
Auditor/Treasurer, Sherburne, Minnesota
The foregoing classification and sale is hereby approved.
Dated , 20+1°. �b t a,
By the Town/City Board of of Sherburne County, Minnesota.
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sec/Twp/Rng 25-33.2.6 Min MANAGEMENT
Property Acreage 12.76 ATTN:TAX SPECIALIST
Address 500 LAFAYETTE ROAD
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ELK RIVER Acreage 0,28 500 LAFAYEiTE ROAD
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ve'ar r Class 670-Tax Forfeited-Real Estate;PILT or Sov Address DINR REAL ESTATE
Sec/Twp/Rng 31-33-26 Min MAN/kGEMEINT
Property Acreage 3,32 ATTN:TAX SPECIALIST
Address SO O LAFAYETTE ROAD
District ELK RIVER CITY
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Sec/Twp/Rng 29-3326 min M `AGEMEN
Property Acreage 0.45 ATTN:TAX SPECIALIST
Address 500 LAFAYETTE ROAD
District FLK RIVER CrTY
Rrief Tax Descriiption n/a
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Class 670-Tax Forfeited-Real Cstate/PILT or 5ev Address DNR READ ESTATE
Sec/Twp/Rng 34-33-26 Mill MANAGEMENT
Property Acreage 0.01 ATTN:TAX SPECIALIST"
Andress 500 LAFAYE7TE POAD
District ELK RIVEi2.CITY
Brief Tax Description n/a
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Property Acreage 0,07 ATTW TAX SPECIALIST
Address S00 LAFAYE-"TE ROAD
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Sec/ P 5.33-75 Glass 670-Tax Forfeited-Peal 5state/PILT or Seu M9n
Property Address ;acreage 4M
District ELK RIVER CITY
rief Tax Description A/a
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General Information Regarding Tax Forfeiture Process
The tax forfeiture process occurs as the result of uncollected property taxes. After due process and
notice, the title to the land and buildings is held by the State in trust for the local taxing districts.The
County acts as the agent for the State and their main responsibility is to manage and maintain the
inventory of properties by "encouraging the best use of the lands, recognizing that some lands in
public ownership should be retained and managed for public benefits,while other lands should be
returned to private ownership."The end goal is to return the parcels of tax-forfeited land to the
property tax roles as productive taxable property or put them to a public use or public purpose.
The county notifies the city of tax forfeited properties and the city needs to act,via resolution, on
the classification of whether to approve or deny the property being sold within 60 days.
The city has the option to keep conservation property (farm-land) that may be purchased at less than
market value as negotiated between the county and the city as follows:
1. creation or preservation of wetlands;
2. drainage or storage of storm water under a storm water management plan;
3. preservation, or restoration and preservation, of the land in its natural state.
Conservation land would be put under a restrictive covenant and released from these use restriction
30 years from the date the deed was acknowledged.
The city has the option to keep non-conservation property (non-farmland) as follows:
1. Public Purpose: The city would have to pay the appraised market value of public purpose land
as determined by the county auditor (and does not require a formal appraisal) and would
receive full, clear title to the land.
In 2010 there were legislative changes that allowed new methods of acquisition for
correcting blight and developing affordable housing at a price that may be less than
market value as negotiated between the county and the city.
2. Public Use: Receive the land for free for certain specified uses with an agreement that the
lands may only be used for a specified public use for a certain amount of time.These uses
are:
• a road, or right-o£--way for a road;
• a park that is both available to, and accessible by, the public that contains amenities
such as campgrounds,playgrounds, athletic fields, trails, or shelters;
• trails for walking, bicycling,snowmobiling, or other recreational purposes, along with
a reasonable amount of surrounding land maintained in its natural state;
• transit facilities for buses,light rail transit, commuter rail or passenger rail,including
transit ways, park-and-ride lots, transit stations, maintenance and garage facilities, and
other facilities related to a public transit system;
• public beaches or boat launches;
0 public parking;
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• civic recreation or conference facilities;
® public service facilities such as fire halls,police stations, lift stations,water towers,
sanitation facilities, water treatment facilities, and administrative offices;
• outlots that developers promised but failed to convey to the city under a developer's
agreement (via a quit claim deed); and
• parcels that associations of common interest communities were entitled to per
written agreement but that forfeited without conveyance.
For acquisition for a public use, the city would receive a use deed that specifies the uses for which
the city may use the land. If the city does not put the land to the specified use within 3 years,it will
automatically revert back to the state. If the city wishes to change the use at a later date, a public
hearing and approval is required from the Commissioner of Revenue and the County Board. One
exception to note is that the city could acquire property for a park or trail but not necessarily have
the trail in place within the 3 years as long as the trail is in an adopted plan such as the city's
Comprehensive Parks Plan. The County Board must approve,via resolution, each request by the city
to acquire tax-forfeited land free of charge.
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