96-093 RESRESOLUTION 96 - 93
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF REAL
PROPERTY FROM W. D. (BILL) GAGNE, KATHERINE A. GAGNE AND
RICHARD J. DEZIEL
WHEREAS,
the City of Elk River (the City) is a Minnesota Municipal
Corporation; and,
WHEREAS,
the City Council has determined that it is in the best interest of the
City to provide adequate public recreational lands as well as land for
public improvements such as streets, bridges, etc.; and,
WHEREAS,
the City has been approached by W. D. (Bill) Gagne, Katherine A.
Gagne and Richard J. Deziel, the owners of the land located within
the City and legally described in attached Exhibit A; and,
WH. EREAS,
Mr. Gagne, Mrs. Gagne and Mr. Deziel have expressed an interest
in conveying the property to the City as a gift; that the gift is based
on a charitable donative intent by Mr. Gagne, Mrs. Gagne and Mr.
Deziel; and that Mr. Gagne, Mrs. Gagne and Mr. Deziel are under
no coercion to convey the property, but are conveying the property
'by their own free will; and,
WHEREAS,
the City has obtained an appraisal by Jerry Smith, MAI, who
appraised the property at $168,000 as stated on Exhibit B1 and B2
to this resolution; and,
WHERF~.S,
the City desires to accept the gift of the property from Mr. Gagne,
Mrs. Gagne and Mr. Deziel to be used for park and public purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Sherburne County, Minnesota, that the property be accepted from Mr. Gagne,
Mrs. Gagne and Mr. Deziel.
Passed and adopted by the City Council of the City of Elk River this 21st day of
October, 1996.
Duitsman, Mayor
ATTEST:
San&'a A. l'hackeray, City Clerk
EXHIBIT A
That part of the West Half of the Southeast Quarter of the Northwest
Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota
that lies Northerly of the following described line.
Beginning at a point on the West hne of said West Half of the Southeast
Quarter of the Northwest Quarter that is 628 feet North (as measured along
said West line) of the Southwest corner thereof; thence Northeasterly to the
point on the East line of the said West Half of the Southeast Quarter of the
Northwest Quarter that is 787 feet North (as measured along said East line)
of the Southeast corner thereof and there terminating.
And also:
That part of the West Half of the Northwest Quarter of Section 31, Township
33, Range 26, Sherburne County, Minnesota described as follows.
Beginning at a point on the North line of said West Half of the Northwest
Quarter that is 608 feet East of the Northwest corner thereof; thence South
parallel with the West tine of said West Half of the Northwest Quarter a
distance of 1000.00 feet; thence West parallel with said North line a distance
of 225 feet more or less to the center line of the Elk River; thence
Southeasterly along the center line of the said Elk River, to an intersection
with the East line of said West Half of the Northwest Quarter; thence North
along said east line to the Northeast corner of said West Half of the
Northwest Quarter; thence West along the North line thereof to the point of
beginning.
document\resoluti\exagagne.doc
EXHIBIT B1
Form 8283 IRev. 10-95) Pa? 2
Name(s) shown on your ~ncorne tax return I IdealJfy~ m.~ber
Wilfred D. & Katherine A. Cagne J 476-18-9714
,Section B--Appraisal Summary--List in this section only items (or groups of similar items) l'or which you claimed a
deduction of more than $5,000 per irenl Or grouP, Exception. Report contributions of certain publicly
traded securities only in Section A.
If you dona[ed art, you may have to attach the complete appraisal. See the Note in Part I below.
li~':T'~l! Information on Donated Property--To be completed by the taxpayer and/or appraiser.
4 Check type of property:
[] Art' (contribution of $20,000 or more) [] Real Estate [] Gems/Jewelry [] Stamp Collections
[] Art' (contribution of less than $20,000) [] Coin Collections [] Books [] Other
'A~t includes paintings, sculptures, watercolors, pdnts, drawings, ceramics, antique furniture, decorative arts. textiles, carpets, silver, rare
manuscripts, historical memorabilia, and other similar objects.
Note: If,your total art contribution deduction was 520,000 or mote, you must a,'"tach a complete cop.y of the s~gned appraisal. See instructions.
Description of donated property (if you need
more space, attach a separate statement)
(d) Date acquired
by donor (mo.. yr.)
(e) How acquired
by donor
(b) If tangible property was donated, give a brief summary of the overall (c) Appraised fair
physical condition at the time of the gift market value
Donor's cost or
(f) adjusted basis
(~) For bargain sales, enter I See ins~uctions
amount received I (h) Amount claimed as a (i) Average tradino pace
deduction of securitie~
~ Taxpayer (Donor) Statement--List each item include(~ in Part I above that is separately identified in th'~.
a, ppraisal as havinq a value of $500 or less. See instructions.
Ideclare that the following i~.em(s) included in Part I above has to the best or' my knowledge and belie~ an appraised value of not nors than $500
,~er it. em). Enter ider,~fyin9 letter from Part I and describe the specific item..'See instructions. ~
Signature of taxpayer (donor) ~.
~ :,~1~all~ Declaration of
Appraiser
Date
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any
of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or
party to the transaction. I performed the majodty of my appraisals dudng my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the apprai~l fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as
described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the
understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice.
Title
Business address (inclu~ roQm,"~ suite r~J . I IdentJf~ng number
Cgy or town. s~ate, an,d/~lP code
~"~1~FB Donee Acknow)ed~lment--To be completed by the chad__table organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated
property as described in Sec[ion B, Part 1, above on
(Date)
Furthermore, this organization affirms that in [he event it sells, exchanges, or otherwise disposes of the property described in Section
B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the
IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value.
Name of c~an[able organization (donee) Employer identification n~ber
Address (number, street, and room or suite no.) CAy or town, state, and ZIP code
Authorized signature Title Date
Form 8283 (Rev. ".0-95~
EXHIBIT B2
paee 2
Na~(s) ~o~ on ~ur ~nco~ tax return
Richard J. Deziel
Identifying number
470-14-3127
Section B--Appraisal Summary--List in this section only items (or groups of similar ir. ems) for which you claimed a
deduction of more than $5,000 per item cr group. Exception. Report contributions of certain publicly
traded securities only in Section A.
ir you donated art, you ma), have to attach the complete appraisal. See the Note in Part I below.
I~'T'~ll Information on Donated Property--To be completed by the taxpayer and/or appraiser.
4 Check type of proper[),:
[] Art' (contribution of $20,000 or more) [] Real Estate [] Gems/Jewelry [] Stamp Collections
[] Art' (contribution of less than $20,000) [] Coin Collections [] Books [] Other
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare
manuscripts, historical memorabilia, and other similar objects.
Note: If your total art contribution deduction was $20.000 or more. you must attach a complete copy of the signed appraisal. See instructions.
5. {a) Description of donated property (if you need
more space, attach a separate statement)
(b) If tangible property was donated, give a brief summary of the overall
physical condition at the time of the gift
(c) Appraised fair
market value
(d) Date acquired (®) How acquired
b.y donor (mo., yr.) by donor
I (I) Donor's cost or (g) For bargain sales, enter
adjusted basis Iamount received
I
See ~s~uctJon:;
(h) Amount claimed as a J (i) Average trading price
deduction I of securities
Taxpayer (Donor) Statement--List each item included in Part I above that is separa[el), identified in the
appraisal as havinq~ a value of $500 or less. See instructions:
d~slare that the following item(s) i~cluded in Part ! above has to the best ot my knowledge and belief an appraised value of not more than $500
t,~r~.r Eem). Enter iderltifyin9 letter from FaA I and describe t31e specific item..See instructions.
Signature of taxpayer (donor) ·
ill :~l'illlI Declaration of
Appraiser
Date ·
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any
of the foregoing persons, or married to any person who is related to any of the foregoing pemons. And, if regularly used by the donor, donee,, or
party to the transaction, I performed the majodty of my appraisals dudng my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as described in the appraisal, 1 am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as
described in the qualified appraisal or this appraisal summary may subject me to the pe~atty under section 6701(a) (aiding and abetting the
understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice.
Sign ~ f'~ //'/ '~ ~/¢,.¢. ' ~
Business adq~ess (including/room or/~ui.t~no.).~-~ /- ' '
C~ty or~wn,,state, ar~ ZIP code
l~ai~a Donee Acknowledgment--To be completed by_the charitable organization.
T~is charitable organization acknowledges [hat it is a qualified organization under section 170(c) and [hat it received the donated
/ prope~y as described in Section B, Pa~ I, above on
(~te}
Fu~hermore, ~is organization a~rms that in the event it sells, exchanges, or othe~ise disposes of the prope~y described in Section
B, Pa~ I (or any potion thereoO within 2 yearn aEer the date of receipt, it will file Form 8Z8~ Donee Information Return, with the
IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value.
Na~ of c~,~ble organi~t~on {donee) Em~y~ ~fi~fi~ n~r
A~ress (numar, ~reet, and room or suite no.) C~y or town, state, and ZIP code
A~or~ed sig~ture Title ~ Date