8.2. SR 07-20-2015
Request for Action
To Item Number
Mayor and City Council 8.2
Agenda Section Meeting Date Prepared by
General BusinessJuly 20, 2015Tina Allard, City Clerk
Item Description Reviewed by
Tax Forfeitures Cal Portner, City Administrator
Reviewed by
Peter Beck, City Attorney
Action Requested
Approve the following by motion:
1.A resolution regarding the classification of certain tax forfeited land within Elk River and
specifying the parcels be sold
2.The acquisition of real property and dispensing with statutory requirements for review by
Planning Commission
Background/Discussion
Sherburne County notified us about property in the city that has been classified as forfeited to the state
for unpaid taxes. The city has 60 days from the date of the Sherburne County letter to respond. The
deadline for responding to the county is Tuesday, July 21, 2015.
These properties have been classified by the county as either conservation or non-conservation lands.
The city needs to review the classification and take action to concur or change the classification placed on
these parcels. In addition, the city also needs to:
1.Approve the parcels for a public auction or a private auction to adjacent property owners; and
2.Authorize a Conditional Use Deed or a sale of the property of which it has an interest.
Staff reviewed the parcels and concurs with the county-designated classifications. The city engineer
recommends acquisition of a parcel for drainage and utility purposes not covered by an easement to
preserve our rights. Because the use is for a public purpose, the city is required to pay the appraised
market value to receive full and clear title.
Financial Impact
Costs would be approximately $500 from the stormwater budget for purchase and recording fees.
Attachments
Resolution Regarding Classification and Sale of Certain Tax Forfeited Property
Resolution Approving Acquisition of Real Property and Dispensing with Statutory Requirements
for Review by Planning Commission
Certificate of County Board of Classifications of Forfeited Lands as Described by Chapter 386,
Laws 1935 as Amended
Parcel Maps
General Information about Tax Forfeiture Property
Resolution 15-____
A Resolution of the City of Elk River Regarding Classification of Certain Tax
Forfeited Land Located within the City of Elk River and Specifying the
Parcels to be Sold
WHEREAS,
the City Council of the City of Elk 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; and
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; and
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
that the City Council of the City of Elk
River, Minnesota, concurs with Sherburne County’s classification of parcel 75-689-0010 –
Windsor Oak Second and authorizes its public purpose purchase (for drainage and utility
purposes) by the city; and
BE IT FURTHER RESOLVED
that the City Council concurs with Sherburne County’s
classification of all the parcels listed below as non-conservation land to be released for sale:
75-002-3405 75-642-0010 75-727-0166
75-459-0080 75-691-0030 75-732-0205
75-459-0090 75-691-0090 75-732-0215
75-136-1108 75-707-0080 75-732-0220
75-420-0020 75-707-0090
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Passed and adopted this 20day of July, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Resolution 15-____
A Resolution of the City of Elk River Approving Acquisition of Real Property
and Dispensing with Statutory Requirements for Review by Planning
Commission of Acquisition
WHEREAS,
Sherburne County, per Minn. Stat. §282 has certified certain lands within the
City of Elk River as tax forfeited; and
WHEREAS,
Parcel ID 75-689-0010, Windsor Oak Second, had not been platted with an
easement to protect the city’s rights for drainage and utility purposes and the city has an
interest in said property in order to protect such interests; and
WHEREAS,
the city has an opportunity to acquire said parcel through the tax-forfeiture
laws of the State of Minnesota; and
WHEREAS,
Minn. Stat. §462.356, subd. 2 requires the Planning Commission review the
city’s proposed acquisitions and dispositions of property; and
WHEREAS,
Minn. Stat. §462.356, subd. 2 provides for an exception from the Planning
Commission review requirements upon a 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition of the property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Elk
:
River, Minnesota, as follows
1.The City Council finds that the acquisition of said property has no relationship to the
comprehensive municipal plan.
2.Review by the Planning Commission of the acquisition of said property is hereby
dispensed with.
3.The acquisition as described in this resolution is hereby approved and the Mayor and
the City Clerk are authorized and directed to execute all documents, and take all
appropriate measures, to acquire said property as allowed by the tax forfeiture laws
of the State of Minnesota and as further identified in this Resolution.
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Passed and adopted this 20 day of July, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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.
75-002-3405 THAT PT OF THE S 1-2 OF THE SW 1-4 DESC AS
FOLLOWS: COM AT THE NW COR OF SAID S 1-2
OF THE SW 1-4; THENCE N 89 DEG 48 MIN 37
SEC E (ASSUMED BEARING) ALONG THE N LINE
OF SAID S 1-2 OF THE SW 1-4, A DIST OF
35.66 FT TO THE E'LY R OF W LINE OF US HWY
10 & THE ACTUAL PT OF BEG; THENCE CONT N
89 DEG 48 MIN 37 SEC E ALONG SAID N LINE,
A DIST OF 723.77 FT TO THE W'LY R OF W
LINE OF BURLINGTON NORTHERN RAILROAD;
THENCE S 34 DEG 35 MIN 09 SEC E ALONG SAID
R OF W LINE, A DIST OF 121.19 FT TO LINE
PARA WITH & DIST 100.00 FT S OF SAID N
LINE; THENCE S 89 DEG 48 MIN 37 SEC W
ALONG SAID PARA LINE, A DIST OF 755.28 FT
TO SAID E'LY R OF W LINE OF US HWY 10;
THENCE N 20 DEG 27 MIN 58 SEC W ALONG SAID
R OF W LINE, A DIST OF 106.61 FT TO THE
PT OF BEG EX PT DEEDED TO STATE OF MN BY
DOC NO 294051.
SEC 2 TWP 32 RGE 26
75-459-0080 First Camp Cozy Lot 8
75-459-0090 First Camp Cozy Lots 9 & 10
75-689-0010 Windsor Park Second Outlot A
HAData\Forfeited Land\Certificate of County Board
Parcels Offered at Prior Sales
75-136-1108
Pt of SE 1/4 of NE 1/4
Sec 36 Twp 33 Rge 26
75-420-0020
North Terrace Addition
Outlot No. 1
75-642-0010
Meadowvale Townhomes
Outlot A
75-691-0030
Park Pointe
Outlot C
75-691-0090
Park Pointe
Outlot 1
75-707-0080
Windsor Oaks of Elk River
Outlot H
75-707-0090
Windsor Oaks of Elk River
Outlot 1
75-727-0166
Trott Brook Crossing
Lot 33 Block 1
75-732-0205
Boulder Point CIC #72
Lot 1 Block 2
75-732-0215
Boulder Point CIC #72
Lot 3 Block 2
75-732-0220
Boulder Point CIC #72
Lot 4 Block 2
In witness
U whereof we have hereunto subscrib aur names this ���" dap of
2015.
1
` *Chairman
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Attest:
G
Auditor/Treasurer, Sherburne, Minnesota
The fore.aoing classification and sale is hereby approved.
Dated 12015.
By the To,,rm/City Board of of Sherburne County, Minnesota.
Sherburne County, MN
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Date Created: SP2212015
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Property Address 17475 US HIGHWAY 10 NW Acreage 1.590
ELK RIVER
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:46 AM
Disclaimer: Emiyatfempt has been made to ensure that the information contained on this web a& is valid at the time ofpublkafion. Sherburne �� developed by
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Property Address Acreage 0.120
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
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regarding additional information please contact the City of St Cloud's assessorolflre.
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Sec/Twp/Rng 31-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.240
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
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Sec/Twp/Rng 17-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.170
District ELK RIVER CITY
Brief Tax Description n/a
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Last Data Upload: 5/22/2015 9:24:48 AM
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Brief Tax Description n/a
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Last Data Upload: 5/22/2015 9:24:48 AM
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Last Data Upload: 5/22/2015 9:24:48 AM
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Date Created: 5/22/2015
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Date Created: 5/22/2015
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Parcel ID 75-642-0010 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 29-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.450
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time ofpublication. Sherburne
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regarding additional information please contact the City of St Cloud's assessor office.
Sherburne County, MN
Date Created: 522/2015
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Parcel ID 75-691-0030 Alternate ID rt/a Owner Address n/a
Sec/Twp/Rng 1-32-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.120
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Every attempt has been made to ensure that Me information contained on this web site is valid at the time o/publication. Sherburnedordelow
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Parcel ID 75-691-0090 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 1-32-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.110
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM &164"yy,,
Disclaimer: Everyattempt has been made to ensure that the information contained on this web site is valid at the time ofpublication. Sherburne Countyttrt++pt^�wd r5'
mservesthe rightto make additionschanges, orcomedions atanytime add "houtnouce.Additionallly Sherburne County disclaims any and all liabilityThe SchneAr _^aatwn
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Date Created: 5/22/2015
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Parcel ID 75-707-0080 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 30-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.090
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Eyery attempt has been made to ensure that the information contained on this web site is valid at the time ofpublication. Sherburne
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misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherbume County information about St Cloudproperties are limited to classfication and value. Any questions
regarding additional information please contact the City of St Cloud's assessor office.
Sherburne County, MN *beacon,
Date Created: 5/22/2015
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Parcel ID 75-707-0090 Alternate ID n/a Owner Address r1/a
Sec/Twp/Rng 30-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address Acreage 0.100
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Every attempt has been made to ensure that the ialonnation contained on this web see is valid at the Hare otpubscation. Sherburne d6'•'Ch%P d
County reserves the right to make additions, changes, or corrections at any time and without noticeAdditionally, Sherburne County disclaims any and The SSchate'1der Corponalm
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ralwnterpmtabon. Data is updated periodically. For the =at current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about M Cloud properties are limited to classification and value. Any questions
regarding additional information please contact the City of St Cloud's assessor once.
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Property Address Acreage 4.390
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Date Created: 5/22/2015
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misinterpretation. Date is updated periodically. For the most current information contact the appropriate county department
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classification and value. Any questions
regarding additional information please contact the City of St Cloud's assessor o/flce.
Sherburne County, MN
Date Created: 5/22/2015
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Parcel ID 75-732-0205 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 35-33-26 Class 670 Tax Forfeited -Real Estate/PILT or Sev Min
Property Address 18107 VANCE CIR NW Acreage 0.040
ELK RIVER
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Every attempt has been made to ensure that the information contained on this well site m valid at the time of publication. Sherburne do%*I�pod t y
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all liability lot damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible lw misuse or T y$ynK udrncydcrl Pca�
misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Clout moperties are limited to classification and value. Any questions
regarding additional information please contact the City of St Cloud's assessor office.
Sherburne County, MN con"'
Date Created: 5/22/2015
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Parcel ID 75-732-0215 Alternate ID n/a
Sec/Twp/Rng 35-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address 18103 VANCE CIR NW Acreage 0.030
ELK RIVER
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Everyattempt has been made to easum that the information container/on this web site is valid at the time ofpublicab'on. Sherburne
County reserves the right to make addidons, changes, or corrections at any time and without notice Additionally, Sherburne County disclaims any and
all liability for damages incurred directly or indirectly as a result of errors, omissions or dlscrepancves and is not responsible for misuse or
misinterpretation. Data is updated periodically Por the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classification and value. Any questions
regarding additional information please contact the City of 0 Cloud's assessor oPics.
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Sherburne County, MN
Date Created: 5/22/2015
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Parcel ID 75-732-0220 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 35-33-26 Class 670 -Tax Forfeited -Real Estate/PILT or Sev Min
Property Address 18101 VANCE CIR NW Acreage 0.040
ELK RIVER
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 5/22/2015 9:24:48 AM
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time ofpublication. Sherburne
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Counlyreserves the rlghtto make additions,changes, orconections stany time and without notice.Additionally, Sherbume Counlydisclaims anyand
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misinterpretation. Data is updatedperiodically For the most current information contact me appropriate county department.
Disclaimer for St Cloud Paroels: Sherburne Comity information about St Cloudpropedies are limited to dasslflcation and value. Any questions
regarding additional information please contact the City of St Cloud's assessoroffice.
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 restrictions
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-of-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;
public parking;
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.