HomeMy WebLinkAbout6.g. Re-conveying Outlot B, White Lake Acres to the State of Minnesota and Requesting the Dakota County Treasurer-Auditor to Sell the Property at Public AuctionAGENDA ITEM: Re- conveying Outlot B, White Lake Acres
to the State of Minnesota and Requesting
the Dakota County Treasurer Auditor to
Sell the Property at Public Auction.
AGENDA SECTION:
Consent
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO. lel.
APPROVED BY
pfd
Sign a Conservation
Acres.
Treasurer Auditor to Sell
of Forfeited Lands to the
ATTACHMENTS: Resolution, Site Map, Conservation
Easement, Form 975.
RECOMMENDED ACTION: Motion to Authorize the Mayor to
Easement over the Western 350 Feet of Outlot B, White Lake
-AND
Motion to approve the Resolution Authorizing the Dakota County
Tax Forfeited Parcel 34- 84000 020 -00 at Public Auction.
-AND
Motion to Authorize the Mayor to Sign Form 975: Reconveyance
State of Minnesota by a Government Subdivision.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: April 7, 2009
EXECUTIVE SUMMARY
BACKGROUND
The City had acquired the property that has become Outlot B, White Hills Acres through tax forfeiture on
May 20, 1983. In 1984, the City joined with the developer of White Hills Acres to plat and plan the
infrastructure needed to construct White Hills Acres, a plat with 19 lots and two outlots located west of
Bacardi Avenue and north of 130 Street. After the plat was recorded, the developer deeded the property
back to the City with a reversionary clause that the property would be returned to the State if it is not used
for a public purpose. The City is not using this property for a public purpose and the property can be
returned to the tax rolls by re- conveying the property to the State of Minnesota and requesting that the
Dakota County Treasurer Auditor sell the property at public auction.
DISCUSSION
Outlot B, White Lake Acres is located on the west side of Bacardi Avenue about 500 feet south of 126
Street. The property is about 5 acres in size, is zoned RR -Rural Residential (which is the same zoning as
the surrounding properties located west of Bacardi Avenue), and meets all the performance standards of
the zoning district aside from lot width. The lot is flag shaped, meaning that the majority of the land is
without street frontage and a narrower strip of land is adjacent to Bacardi Avenue. The minimum lot
width in the RR zoning district is 200 feet and the frontage on Bacardi Avenue is 176 feet. While this
makes the property non conforming, it would be buildable per Section 11 -2 -2 of the Zoning Ordinance.
Since 1984, the City has not used this property for any purpose other than open space. In November
2008, staff discussed this property with the Parks and Recreation Commission to determine if there was a
parks use for the property. The western third of the property is wetland with the remaining two- thirds
vacant, covered in woods and grassland. The eastern third adjacent to Bacardi Avenue is relatively flat,
while the middle third has a fairly steep grade to the wetland. The Parks and Recreation Commission did
not believe there was a needed public park use for the property due to the low population in the
surrounding area, site topography, and the limited access to Bacardi Avenue which is a gravel road not
suited for on -street parking.
At their February work session, the City Council discussed if their was a public use for Outlot B and the
consensus was that the City was better served through the taxes that would be generated by the property
being put into private ownership and developed. It was also discussed that a conservation easement
should be placed over the wetland on the western third of the property as well as the wooded slope on the
eastern shore of the wetland. Staff has prepared a conservation easement that would cover the western
350 feet of Outlot B therefore protecting the wetland and wooded slope.
The process to put Outlot B back onto the tax tolls is to first authorize the Mayor to sign the
Conservation Easement, then approve the Resolution to have the property sold at public auction, then
finally authorize the Mayor to sign Form 975 giving Outlot B back to the State of Minnesota. Following
the County's public auction, the property will be returned to the tax rolls and the new owner can choose to
develop that property as allowed within the RR -Rural Residential zoning district.
RECOMMENDATION
Authorize the Mayor to sign the Conservation Easement over the western 350 feet of Outlot B, White
Lake Acres; approve the Resolution authorizing the Dakota County Treasurer- Auditor to sell Outlot B it
public auction; and authorize the Mayor to sign Form 975 re- conveying Oudot B to the State of
Minnesota.
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Kennedy Graven, Chartered
THIS INSTRUMENT is made by the City of Rosemount, Grantor, in favor of the City of
Rosemount, a Minnesota municipal corporation, Grantee.
A. Grantor is the fee owner of the property described on Exhibit A attached hereto, which
property is located in Dakota County, Minnesota (the "Property
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
A perpetual, non exclusive easement for flowage and conservation purposes over, under,
across and through that part of the Property described as follows:
The westerly 350.00 feet of Outlot B, White Lake Acres, according to the recorded plat
thereof Dakota County, Minnesota
(the "Easement Area
2. Scope of Easement. Grantor, for itself, its successors and assigns, declares and agrees
that the following prohibitions shall continue in perpetuity in the Easement Area:
CLL- 226217v1
RS220 -135
CONSERVATION EASEMENT
Recitals
Terms of Easement
a. Constructing, installing or maintaining anything made by man.
b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing,
trimming trees to maintain their health, removing diseased trees and removing
selected trees to allow sunlight to penetrate to limited parts of the Easement Area
may be permitted, but only when approved by the Grantee.
c. Excavating or filling within the Easement Area.
d. Applying chemicals for destruction or retardation of vegetation, unless first
approved by the Grantee.
e. Depositing of waste or debris.
f. Applying herbicides, pesticides and insecticides.
g. Applying fertilizers.
h. Conducting activities detrimental to the preservation of the scenic beauty,
vegetation and wildlife in the Easement Area.
i. Removing, damaging, destroying or defacing any monuments or markers placed
to delineate the Easement Area.
3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right,
but not the obligation, to do the following in the Easement Area:
a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor.
b. Enter upon the Easement Area at any time to enforce compliance with the terms
of this Conservation Easement.
c. Take such other action as the Grantee deems necessary or advisable in its sole
discretion to enforce compliance with the terms of this Conservation Easement.
d. Install and maintain monuments or markers delineating the Easement Area.
4. Warranty of Title. The Grantor warrants that it is the owner of the Property as described
above and has the right, title and capacity to convey to the Grantee the Conservation Easement
herein.
5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the Easement Area or Property prior to the date of this instrument.
6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run
with the land and be binding on the Grantors, and Grantor's heirs, successors and assigns. This
Conservation Easement is enforceable by the City of Rosemount acting through its City Council.
CLL- 226217v1
RS220 -135
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
STATE OF MINNESOTA
SS.
COUNTY OF
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street
470 Pillsbury Center
Minneapolis, MN 55402
CLL- 226217v1
RS220 -135
GRANTOR
William H. Droste, Mayor
The foregoing instrument was acknowledged before me this day of
2009, by and the
and of a
on behalf of Grantor.
Notary Public
EXHIBIT A
OUTLOT B, WHITE LAKE ACRES, DAKOTA COUNTY, MINNESOTA.
Dakota County Parcel ID: 34- 84000 020 -00
Formerly known as Parcel ID: 34- 01610- 010 -51 and described as follows:
SECTION 16 TWN 115 RANGE 19
PART OF NORTH HALF OF THE SOUTHWWEST QUARTER BEGINNING
AT THE SOUTHEAST CORNER; NORTH 180 FEET, WEST NORTH ON
CEN'I'.ERLINE OF ROAD EASEMENT 491.71 FEET, NORTH 80 DEGREES,
08 MINUTES, 51 SECONDS WEST 468.17 FEET, SOUTH 4 DEGREES
05 MINUTES EAST 428.87 FEET TO SOUTH LINE, EAST ON SOUTH
LINE 764.43 FEET TO BEGINNING SUBJECT TO EASEMENT (TRACT 1)
16 115 19
PT Form 975 (Revised 04/03) Minnesota Department of Revenue
Reconveyance of Forfeited Lands to the State of Minnesota
By a Governmental Subdivision
Under Minnesota Statutes, Section 282.01, Subdivision ld
State Deed Tax Due Hereon: $1.65
WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the
20th day of March 1983 conveyed to the City of Rosemount
a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered
162566 the real property described below (hereinafter "Property") to be used for an authorized public use, and
WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was
conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota
Statutes, Section 282.01, Subdivision ld to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section
281.25,
NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of
its governing body number 2009- dated Apri 1 7, 20(19 does hereby grant and convey the
property in the County of described as follows, together with all appurtenances thereunto belonging:
See Exhibit A attached hereto;
to the State of Minnesota, to be held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like
effect as if the Property had not been conveyed to the Governmental Subdivision for a public use.
CITY OF ROSEMOUNT
(Name of Governmental Subdivision)
By: Mayor
Signature Title Date
By: City Clerk
Signature Title Date
STATE OF MINNESOTA
ss•
County of DAKOTA
On this 7th day of Apri 1 2009
William H. Droste and Any Domeier respectively
the Mayor and the City Clerk of the govemmental subdivision
named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act
and deed of said governmental subdivision pursuant to the statutes in such case made and provided.
Notary Date
Tax Statements (if any) for the real property described in this instrument should be sent to the County Auditor of the County
wherein the property is located, in care of the County Courthouse.
Approved by the Attorney General. This instrument was dratted by the Commissioner of Revenue, Minnesota Department of Revenue, St Peal, MN 55146.
Approval
The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly
filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota
Dated: STATE OF MINNESOTA
STATE OF MINNESOTA)
)ss.
COUNTY OF RAMSEY
Commissioner of Revenue
By:
The duly appointed delegate of the Commissioner of Revenue,
for these purposes.
This Approval was acknowledged before me on by the duly
appointed delegate of the commissioner of revenue for these purposes.
Notary Date