CR 94-64 Approve Sale Of City Property
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March 28, 1994 0 P K \ ~ Council Report 94-64
APPROVE SALE OF CITY PROPERTY
LOT 11, BLOCK 91, WEST
MINNEAPOLIS SECOND DIVISION
Proposed Action.
Staff recommends adoption of the fOllowing motion: Move that
Co~ncil concur with previous Council action of October 21. 1958
in the sale of Lot 11, Block 91, West Minneapolis Second Division
and authorize Mayor and City Clerk signatures to the warranty
deed.
Overview.
Council action in 1958 authorized the sale of City property to
the adjacent property owner at 210 Twelfth Avenue North. The
sale was consummated and the deed signed by City officials. For
some unknown reason the buyer did not record the deed and the
city never pursued the issue. The present owner bought the
/. property at 210 - 12th Avenue North with the understanding he was
also buying the vacant City lot. Even though the original
document could have been recorded, the Ci ty and the present
property owner I Mark Dvorak, chose to redraft a new deed that
more precisely defined an alley easement.
. Primary Issues to Consider.
o Where is the property in question?
See attached location map.
o What are terms of the agreement and conditions in the deed?
Mark and Denise Dvorak have agreed to pay the City $699.00
for conveyance of the property to them. See the attached
City memorandum that explains how staff arrived at this
amount. A condition in the deed is a restrictive covenant
that will not permit the building of a free-standing
structure on the former City lot.
o Staff recommendation:
Staff recommends Council reaffirm previous Council action
and authorize the Mayor and City Clerk to sign the warranty
deed. Staff and City Attorney will take necessary steps to
assure the recording of the new document.
sup~orting Information
o Location map
o City memo 1/19/94
o Warranty Deed
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. Jd::::;;:.ssele
Engineering Superintendent
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CERT\F\CATE OF SURVEY
LOT 11. . BLK. 9-'
WEST MINNEAPOL\S SECOND DlVlSlON
HOPK1NS. M1NNESOTA
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I HEREBY CERTIFY THA.T THIS PLAN, SURVEY OR OflAWN DAA\N'IHG
NUM8EFl
REPORT WAS PREPAAED.8Y ME OR UNDER MY D.R.J.
DIRECT SUPERVISION AND THAT I AM A DULY ~6QTITI rieke
REGISTERED i._v -'_,..,.8.1;. UNOERTHE LAWS OF Ct<tCK carroll
THE STATE OF MINNESOTA muller
P.J.C. - associates, inc.
~ ~ SURVEY en~eers ~ILE NO
BY arc ltects
OATE:!"'~'~ REGISTRATION NO. I ~ ,.77 land surveyors 10210.01'
C.W.
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To: Jerre Miller, City Attorney
From: Jim Gessele, Engineering Superintendent Jlq
Date: Tuesday, January 18, 1994
Subject: Title Issues, Lot 11, Block 91. West Minneapolis Second Division
Based on the attached quit claim deed from the City to Rollie Lobitz dated November
19,1958, and given that Mr. Mark Dvorak bought Mr. Lobitz's property, Mr. Dvorak is
apparently fee owner of the above-referenced lot. The deed never was recorded, but
the City seeks to re-draft a document that makes conveyance with conditions for a 15ft.
alley as shown on the attached certificate of survey and written description. The City
should also retain the restrictive covenant as shown on the 1958 document.
. There is also the issue of special assessments levied against Lot 11 for recently
completed alley improvements. Although the City had no reason to send proper
assessment hearing notices to Mr. Dvorak (by virtue of the Hennepin County Recorder
listing Lot 11 as City property), and even though the City has little chance of fully
recovering the full assessment against Lot 11, staff feels it is only fair to recover some
reimbursement from Mr. Dvorak. Indeed, the City is prepared to relinquish 15 ft. of 30
ft. alley it kept in the 1958 document and for which it is not seeking compensation.
Staff would like to make a proposal for a successful conveyance based on the
following:
0 The centerline footage of the concrete alley located entirely within Lot 11 IS
145 ft. During the assessment process, the City assumed the front footage
levy for 290 ft. (both sides of the Alley) at a rate of $21/FF for a total
assessment of $6,090. (See attached assessment map)
0 Council established an assessment formula based on property owner front
footage limited to a maximum of 75 ft. Mr. Dvorak's Lot 10 was levied an
assessment of $1050 under this formula.
0 The original assessment rate of $21/FF was derived from dividing the
. assessable project cost by the then established total assessable front footage
of 1208.39 (See attached assessment worksheet). Had the City known of
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. Jerre Miller
Page 2 .
Mr.Ovorak's ownership of the property, staff's calculation of the total front
footage would have been amended to 1088.39 feet. The 290 front feet in
Lot 11 and the 50 front feet in Lot 10 would have been reduced to 145 for
the City and 75 feet for Mr. Dvorak, using the maximum established In
the assessment formula. A new assessment rate of $23.32/FF would
have resulted. Mr. Dvorak's assessment would have been limited to 75
front feet at $23.23 for ownership of the combined Lots 10 and 11 t or a
total assessment of $1749.00 Since Mr. Dvorak has already been levied
an assessment of $1050 of Lot 10, staff suggests he should reim burse
the City the difference of $699.
I Staff recommends an agreement be drawn up using the settlement price and a new
deed with the restrictions mentioned earlier.
e
cc: Steve Mielke
Lee Gustafson
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......................IJ.eolle.p.in................................a.nd State of .JIt71Tl.t!80ta.. d~el"iaea. a! {o!Lews, to-wit:
Lot 11, Block 91, West Hinneapolis Second Division except that part
thereof' lying Southwesterly of a line parallel to and distant ]0 feet
meallured at right angles from the Northerly right of way line of
trnHinneapalia and St. Louis Railway right of way.
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Thia conveyance i8 made subject to the express proviaion, covenant and
restriction that no building or other structure shall ever be permitted, .
maintllined or erected upon any part of said herein conveyed premiaes unlesa
auch building or other structure become9 an integral part of, and attached
to the dwelling located upon Lot 10. Dlock 91. West Minneapolis Second
Division.
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lrr.ir. r.l.lId assi!ills, F01'et:er.
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br. hc,'cu.nto afTI-ced the dny amI. yca,. fi,...t U.l>OL'C IL',.iUen.
. GUY OF HOPKIN.;
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. VESELY, MILLER & STEINER
PROFESSIONAL ASSOCIATION
ATIORNEYS AT LAW
JERRE A. Mli.LER 400 NOR WEST BANK BUll..DING JOSEPH C. VESELY (1905-1989)
JEREMY S. STEINER" 1011 FIRST STREET SOUTH
WYNN CURTISS HOPKINS. MINNESOTA 55343
. Roal Prol""'Y La... Special"," 612-938-7635
=nflCd by l!lo:.1~ s_ January 20, 1994 FAX 612-938-7670
Rar- AHoQ.i.non...
Jan Henry Susee
Susee & Lee, Ltd.
Suite 620, Richfield Bank Bldg.
6625 Lyndale Avenue South
Richfield, MN 55423
Dear Mr. Susee:
Based on an old ~958 City Council Minute, sale of the property to
Dvorak evidenced by the Warranty Deed copy has been confirmed.
However, the City does not need all of the property retained by
that old deed. For that reason, and if your client is agreeable,
the following suggestion is submitted to you.
I will redraft a Warranty Deed from the City to your client in
. which the City retains only the southerly 15 feet rather than the
southerly 30 feet of the property as indicated on the attached
drawing. The restrictive covenant will be retained.
The lot has an assessment levied upon it for the alley of
$6,090.00. Although the appeal process has expired, the City will
reduce the amount of that assessment to $699.00.
Furthermore, the City is not interested in raising or pursuing the
issue of real estate taxes that normally would have been imposed
upon the property from 1958.
If these adjustments are acceptable, please let me know by letter
and I will furnish you a Warranty Deed substantially in the form
attached for you to record.
Sincerely,
Jerre A. Miller
Hopkins City Attorney
JAM/jw
Enclosure ~
. cc James Gessele
c:~file~hopki=s~s~see
Fa,,,, No. 7.M~WARRANTY DEED MII1t1~sola UnUorrn C-ol1v~YllrH:::\Ilr: Blank! (I ~Il B) Mill"" DINIS (:11 I.Itrlm!"plJh5
- Corporation or POlIrtnershlD
to , ndl.ldu.1 (,I
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
. Certificate of Real Estate Value No. -
,19~
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date: t~a rc h ,19~
(reserved for recording data)
FOR V ALUABLE CONSIDERATION, City of Hopkins
Mlnnesota ,a municipal corporation under the laws of
I Grantor, hereby conveys and warrants to
r1ark D. Dvorak and Denise J. Dvorak t Grantee (s),
real property in Hennepin County, Minnesota, described as follows:
Lot 11, Block 91, West Minneapolis Second Division except that part thereof lying south
and southwesterly, beginning at the northwest corner of said Lot 11 deflecting south-
easterly 49 degrees 36 minutes 18 seconds from the north line a distance of 25.47 feet
to a point of intersection of a line lying 15 feet northerly and parallel to the south
line of Lot 11, thence southeasterly along said line to the east line of said lot 11
, and there termi na t i ng.
I This conveyance is made subject to the express provision, covenant and restriction that
no building or other structure shall ever be pemlitted, maintained or erected upon any
part of said herein conveyed premises unless such building or other structure becomes an
integral part of, and attached to the dwelling located upon Lot 10, Block 91, West
Minneapolis Second Division. lif.mm& space is 11 Beded , contintJB 00 backJ
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
. The Seller certifies that the Seller does not know of any wells on the described real
property.
CITY OF HOPKINS
,'ffix P,.,,;I Tin Stamp I kre
By
Its Navor
By
Its City Cl erk
STATE OF MINNESOTA } ss.
COUNTY OF Hennepin
The foregoing was acknowledged before me this day of March t 192.L.... ,
by Charles Redepenning and James Genellie ,
the Mayor and Citv Clerk
of City of HOflk; n,,- ,a municipal corporation
under the laws of Minnesota , on behalf of the municipal corporation
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIC/NATURE OF PERSON TAKING ACKNOWLEDGMENT
T.~ Stat-ement. for the !'II..I proplI)'ty deloClriblld in thl. lo,trum"nt .hould
bll lent to ([nelude ~u.m. and I'Iddl'l!IIt. Qf Gr.nti!!~):
Mark and Denise Dvorak
210 12th Avenue North
!THlS INSTRUMENT WAS i:JRAFTEDBY (NAME AN-j) ADDllESS): Hopkins, MN 55343
Vesely, Miller & Steiner
400 Norwest Bank Building
e 1011 First Street South
Hopkins, MN 55343
I
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