7.4. SR 12-21-2009REQUEST FOR ACTION
To
Item Number
City Council
7.4.
Agenda Section
Meeting Date
Prepared by
Administration
December 21, 2009
Lori Johnson, City Administrator
Item Description
Reviewed by
Consider a Resolution Relating to a Certificate of County Board
of Classification of Forfeited Lands as Described By Chapter
Reviewed by
386, Laws 1935 as Amended Specifying the Parcels to be Sold,
Taken for Public Use, and Taken for Public Purpose.
Action Requested
Consider a resolution relating to a Certificate of County Board of Classification of Forfeited Lands as
Described by Chapter 386, Laws 1935 as Amended specifying the parcels to be sold, taken for public use,
and taken for public purpose.
Background /Discussion
Sherburne County has notified the City of the parcels within the City that are tax forfeit and may be taken
or purchased by the City. If the City wants a parcel for a public use, the City may take ownership of the
parcel without cost other than deed tax and recording fees. If the City wants a parcel for a public
purpose, such as economic development or redevelopment purposes, the City must pay fair market value
for the parcel. The values on the subject parcels have not yet been set by the County Assessor.
Staff from the public works, parks, community development, finance, and administration departments
and Elk River Municipal Utilities reviewed the parcels to identify parcels of interest to the City. Staff is
recommending that Sherburne County sell the parcels on the list with the following exceptions:
Parcel Number
75- 405 -0272
75- 691 -0030
75- 691 -0040
75- 691 -0060
75- 691 -0090
75- 691 -0100
Location
adjacent to King Ave. parking lot
Park Pointe Addition
Park Pointe Addition
Park Pointe Addition
Park Pointe Addition
Park Pointe Addition
Reason /Purpose
Public use — parking lot /sidewalk
Public use — street
Public use — street
Public use — street
Public use — street
Public use — street
A map of each of the parcels is attached. As you can see from the map, parcel 75- 405 -0272 functions as
part of the King Avenue parking lot. The remainder of the parcels are in Park Pointe. They are all either
in the middle of the street or a cul -de -sac. It appears that the parcels in Park Pointe were to have been
transferred to the ownership of a homeowners association because the parcels were platted as outlots.
However, that did not occur. Once the City has ownership, staff and the City Attorney will work out a
solution to either form a homeowners association and transfer the lots to the association or retain
ownership and make changes to some of the parcels to minimize ongoing maintenance costs.
S: \Council \Lori \2009 \Tax Forfeit Property.doc
Financial Impact
There is no cost for the parcels other than deed tax and recording if they are taken for public use. If they
are taken for public purpose, the value of the land must be paid in addition to deed tax and recording.
Attachments
e Resolution
e Resolution and maps from Sherburne County
Action Motion by Second by Vote
Follow Up
S: \Counci1\Lori\2009 \Tas Forfeit Property.doc
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 -129 -4315
That part of SW 1/4 of SE 1/4 lying N of BNR R -O -W. Subject to
permanent road ROW easements. Section 29 Township 33.0
Range 26
75- 129 -4410
That part of SE 1/4 of SE 1/4 lying N of BNR R -O -W Ex Doc
No's 309076 & 264032. Subject to permanent road ROW
easements. Section 29 Township 33.0 Range 26
75 -136 -1108
Pt of SE 1 -4 of NE 1 -4 des as beg at a pt 124 ft N of SE corner of
NE 1/4, thence S 124 ft, thence W 124 ft, thence NEly to POB.
Section 36 Township 33.0 Range 26
kThis parcel contains marginal lands or wetlands. Deed will
contain a restrictive covenant that precludes enrollment in a state -
funded conservation program or marginal land or wetlands.)
75- 405 -0272
Village That part of the E 112.34 ft of
Lot 6 & Lot 7 of Blk 2 Village of Elk River, lying Sly of the Sly
ROW line of US Hwy 10 ex the E 51.1 ft thereof & ex the S 51.81
ft of Lot 6 & ex that part of Lot 6 lying N of said S 51 ft thereof,
lying E of said W 65 ft thereof, & lying W of the E 51.03 ft as
measured at Rt angles to E line of Lot 6 & ex that part of Lot 7 Blk
2 lying E of the W 65 ft as measured at Rt angles to the W line of
Lot 7 & ex all that part of Lots 6 & 7 lying Nly of the Sly line of
the ROW of US Hwy 10 & 52.
75- 420 -0020
North Terrace Addition Outlot No. 1
75 -585 -0030
Lafayette Woods Outlot C
75 -691 -0030
Park Pointe Outlot C
75 -691 -0040
Park Pointe Outlot D
75- 691 -0060
Park Pointe Outlot F
75 -691 -0090
Park Pointe Outlot I
75 -691 -0100
Park Pointe Outlot J
In witness whereof we have hereunto subscribed our names this day of
2009. )
—17;a Q. Y C7�� �' `chairman
Attest:
Auditor /Treasurer, Sherburne, Minnesota
The foregoing classification and sale is hereby approved.
Dated
2009.
By the Town/City Board of of Sherburne County, Minnesota.
RESOLUTION 09-
RESOLUTION RELATING TO A CERTIFICATE OF COUNTY BOARD OF
CLASSIFICATION OF FORFEITED LANDS AS DESCRIBED BY CHAPTER
386, LAWS 1935 AS AMENDED SPECIFYING THE PARCELS TO BE
SOLD, TAKEN FOR PUBLIC USES, AND TAKEN FOR PUBLIC PURPOSE
WHEREAS, Sherburne County has notified the City that certain parcels in the City of Elk
River are tax forfeit; and
WHEREAS, these parcels are not buildable tracks and are non - conservation lands; and
WHEREAS, some of the parcels would serve a public use for the City of Elk River; and
NOW, THEREFORE BE IT RESOLVED, that the City of Elk River directs Sherburne
County to remove the following parcels from the sale list:
75- 405 -0272
75- 691 -0030
75- 691 -0040
75- 691 -0060
75- 691 -0090
75- 691 -0100
and that these parcels be transferred to the ownership of the City of Elk River.
Passed and adopted by the City Council of the City of Elk River this 21" day of December,
2009.
Stephanie Klinzing, Mayor
ATTEST
Tina Allard, City Clerk
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