CR 91-244 Tax Forfeiture PropertyOctober 31, 1991 Council Rpt 91 -244
Proposed Action
RESOLUTION REQUESTING CONVEYANCE OF TAX
FORFEITURE PROPERTY FOR PUBLIC USE
Staff recommends that the Council approve the following motion:
Move that the Hopkins City Council approve Resolution #91 -134.
This action will facilitate the purchase of Maetzold Field.
Overview
Maetzold Field contains some tax forfeited property. This
property was conveyed to the school district by the State with
the condition that it only be used for park and recreation
activities. In order for the City to purchase the property from
the school district, the property must revert back to the State
and then be conveyed to the City with the same conditions.
Resolution #91 -134 will begin this process. Hennepin County will
also have to approve this transfer.
Primary Issues to Consider
o What are the
resolution?
Not approving this resolution will delay and possibly
prohibit the transfer of this property. Staff and the
City Attorney do not expect any problems with obtaining
the approval of Hennepin County and the State.
Supporting Information
o Memorandum from Jerre Miller
o Resolution #91 -134
o Application for Conveyance
.,,4(0
es A. Genellie
ity Clerk
consequences
on not approving this
Date: October 30, 1991
To Jim Genellie
From Jerre Miller
Re: Maetzold Field
Attached is an Application for conveyance of Maetzold Field
to the City by the Commissioner of Revenue pursuant to County
consent. Also attached as a proposed Certificate to be
adopted by the School Board and City for Your signature after
the Resolution itself is adopted by the City Council at its
November 5 meeting. I have also attached the Resolution for
adoption as well. The Application and the Certificate
regarding your certification of the Resolution must be
delivered to the Council by November 6 so I will need them
returned promptly,
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
An Emial Opportunity Emn +Dyer
RESOLUTION REQUESTING CONVEYANCE OF TAX
FORFEITURE PROPERTY FOR PUBLIC USE
WHEREAS, Independent School District No. 270 (the
"School District ") is the owner of certain real property,
commonly known as Maetzold Field, which is located in
Hennepin County, Minnesota and legally described as follows:
Block 75;
Lots 1 to 9 inclusive, and Lots 13 to 24 inclusive,
Block 76;
Lots 12 and 13, Block 91; and
Lots 8 to 15 inclusive, Block 92,
West Minneapolis Second Division; together with
adjoining vacated portions of streets and alleys,
described as follows to wit: The alley in Block 75,
that portion of the alley in Block 76 lying North of
the extensions of the South lines of Lots 8 and 17,
that part of the East 1/2 of the alley in said Block
76 lying between extensions westward of the side lines
of Lot 9 of said block, that portion of the alleys in
Blocks 91 and 92 lying south of the right of way of
the Minneapolis & St. Louis Railway Company, and that
part of 13th Avenue North lying between the South line
of Lot 13, Block 76, said Addition, extended Westerly,
and the Southerly line of the right of way of the
Minneapolis & St. Louis Railway, that part of Second
Street North lying between the East line of 14th
Avenue North and the South line of the right of way of
the Minneapolis & St. Louis Railway, all in West
Minneapolis Second Division, according to the plat
thereof on file or of record in the office of the
Register of Deeds in and for said County (hereinafter
the "Maetzold Field Property ") and
WHEREAS, a portion of said Maetzold Field Property was
obtained by the School District pursuant to a grant from the
State of Minnesota, as trustee of tax- forfeited land, and is
subject to a condition requiring said tax - forfeited parcel to
be used for park and recreational purposes and to a right of
reverter in the event of abandonment of such use, said
tax- forfeited parcel being described as follows
Lots 4 to 10, inclusive, and 16 to 19, inclusive,
Block 75;
Lots 1 to 9, inclusive, 13, 14, and 17. to 24,
inclusive, Block 76 ;
Lots 12 and 13, Block 91,
together with adjoining vacated portions of streets
and alleys, all in West Minneapolis Second Division,
according to the plat thereof on file or of record in
the office of the Register of Deeds in and for
Hennepin County, Minnesota (hereinafter the
"Encumbered Property"); and
WHEREAS, The School District has agreed to sell to the
City of Hopkins and the City of Hopkins has agreed to
purchase from the School District the unencumbered portion of
the Maetzold Field Property, but only on the conditions (a)
that the Encumbered Property be reconveyed by the School
District to the State of Minnesota and (b) that the State of
Minnesota then convey said Encumbered Property to the City of
Hopkins, subject to the same use restrictions and right of
reverter as are currently applicable to the School District,
as owner of said Encumbered Property.
NOW, THEREFORE, BE IT RESOLVED, that, subject to the
condition that the Board of County Commissioners of Hennepin
County duly adopt a recommendation to the Commissioner of
Revenue of the State of Minnesota that, upon reconveyance o f
said Encumbered Property by the School District to the State
of Minnesota, said Encumbered Property shall be conveyed to
the City of Hopkins for the purposes aforesaid, the City of
Hopkins hereby approves the acquisition of said Encumbered
Property from the State of Minnesota, subject to the
conditions and rights as above described, and
BE IT FURTHER RESOLVED, that upon passage of the above
described resolution and reconveyance of said Encumbered
Property by the School District to the State of Minnesota,
the Mayor and the Clerk of the City of Hopkins are hereby
authorized and directed to execute an Application by
Governmental Subdivision for Conveyance of Tax- Forfeited
Lands in the form attached to this Resolution as Exhibit A
and to deliver said Application to the Board of Commissioners
for Hennepin County forthwith.
Above listed resolution was moved by
Member and duly seconded
by , Member
N . 2597--- Deyaruneat of Taxation 8'orm N. 92
APPLICATION BY GOVBRNIVYENI'AL SUBDIVISION FOR, CONVEYANCE OF
TAX - FORFEITED LANDS
Jlinnesota S'tatlate.c 1349, 'section 282.0!
In t?& Matterr of the application' of City 'of Hopkins
a Governmental Subdivision, fora Conveyance of Certain Lands.
Comes now City of Hopkins and alleges:
(name of aubdi•isioa)
Y. ; Tfcsyt a is nt a (�a) Purchaser of gape :,f .ti.An.a.l.,..pur.poses...:fr.o • to ki ns
choo' uis ric 276: conditional upon County consent pursuant to the attached
Resolution
(b) such acciv s t?„0n. wi,th.i.n_the...asutlrnr..i. Y...o ...thy. „Ci.ty..,Cha.rter..:and
authorized by the attached Resolution
8. What there is situated within applicant's boundaries in the Court
certain tax-forfeited land described as follows: ,., ?II ) *
(LEGAL DESCRIPTION)
See attached
�. That sail lands are (o) fQ.r... ..rid. .
are surrounded; principally by residential homes.
/
5 That applicant desires to obtain said land for the following purposes: (d) Active and passive
recreational
6. That there is need for such lands for the following reasons; ,ReCredtion1.1...1�e d . iri... he Ci
are in strong demand and this property is continuously utilized for such purposes
Wherefore applicant prays that said kids be conveyed to it for the use stated herein,
By X
"Subject to approval by the
Henn, Co. Board of Commissioners”
*tare
County of......
sworn, depose and say, each for himself, that they are respectively the
aid G.l „ark of the Ci ty...Q.f HQ:p.k.i.ris
that they have read' the foregoing applioatton and 1c now the contents thereof; and that the matters stated
therein are true.
•
of 1” inne5Sotac ss.
Hennepin
J ames G ells
I�eI.s.Q�. �n e ' .. each being fires duty
(notarial stamp /seal)
X
X
its Mayor
its Glrk
Mayor
Xiiler•Darfs Co„ Mfeaes*elis
HENNEPIN
Subscribed and sworn. to befote 771.1) thde....... „ ... .. ...........
day of. 19..4
X 11
•
Notary Public, County, Minn.
My commission expires
(a) State facts relative to legal organisation. ,
(b ) State facts aho.•inK authorisation of acquisition of land hereinafter described by risolution of governing body of by voters. etc., u the case
may requtre, attach►aQ copies of resolutions; if say.
(c) Describe nature of lands ' use of surrouudtnK property nd other similar facts. •
(d) Gies statement of facts as to the use to be. made of such lands. , 'Subject to approval by he
I4enn. Co. Board of Cornini oners"
1
RESOLUTION OF COUNTY BOARD .UPON APPLICATION
WHR, E.4S, the County Board of HENNEPIN
into the allegations of the application of
dated , 19 , for the conveyance of eer.•tain lands therein described;
now,
Therefore, be it resoiveci; by the County Board of II NNEPIN
that it hereby :..............approves said application and reoomnunde that the same be
granted.
"Subject to epp;ovai by the
Henn; Co. Board of Commissioners"
DEPUTY
czr
County, Minnesota, has 6.vamined
Hennepin County, Minnesota
Chairman, 'Board of County Commissioners'
County, Minnesota,
..u1. .n. H.
*tate of -` inriesiota,
County of .
HENNEPIN ad.
DEPUTY
Y, , county auditor and clerk of the County Board
Of ligRiEFIN .. County, Minnesota, hereby certify that I have compared the foregoing
copy of resolution of that County Board of said county with the original re;ord thereof in the minutes of
the proceedings of said board at a meeting duly held , .19 , anti that the
sante is a true and correct copy of said original record and o the whole thireof, and that said resolution
was duly adopted by said board at said meeting 1 further certify that the application referred to in saki
resolution is hereto attached.
• "itnesa my hand and seal this day of , 39
County et uditor and Clerk of the County .Board
UI NNEPIN County, Minnesota
OFFICE OF THE COMMISSIONER OP REVENUE
St, Paul, Minn., , I9.
Upon due consideration of the within application it is ordered that the` same be and it is hereby .
doted granted. •
By
:Commissioner of Revenue
Attachment
Lots 4 to 10, inclusive, and 16 to 19, inclusive, Block 75;
Lots 1 to 9, inclusive, 13, 14, and 17 to 24, inclusive,
Block 76; and
Lots 12 and 13, Block 91,
together with adjoining vacated portions of streets and .
alleys, all in West Minneapolis Second Division, according to .
the plat thereof on file or of record in the office of the
Register of Deeds in and for Hennepin County, Minnesota