HomeMy WebLinkAboutItem 06.o
Date: Item No.
BETHLEHEM BAPTIST CHURCH
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution directing the
reconveyance to the State of Minnesota and reacquisition of fee title to certain tax-forfeited land and
conveyance of the tax-forfeited land to the abutting property owner.
Overview
The Bethlehem Baptist Church preliminary and final plat and conditional use permit (CUP) was
approved by the City Council at their September 18, 2017 meeting. In conjunction with the preliminary
and final plat and CUP applications, the City Council also approved a resolution conveying a 15-foot-
wide strip of land owned by the City through tax forfeiture to Bethlehem Baptist Church to be
incorporated into their plat and site development. The 15-foot-wide parcel is located between the
property owned by Bethlehem Baptist Church and the Holiday Inn property.
During their review of the Bethlehem Baptist Church final plat documents for recording, the City
Attorney’s office identified a use restriction on the tax-forfeit parcel for public storm sewer
right-of-way exclusively. To remove the deed restriction so the land can be conveyed to the church, the
City must re-convey the parcel to the State and then buy the parcel back with no such use restriction on
the deed. The City Attorney has prepared the attached resolution for City Council approval to address the
deed/use restriction issue.
Primary Issues to Consider
None
Supporting Information
• Resolution
• Plat drawing highlighting the tax-forfeit parcel
Financial Impact: $ Budgeted: Y☐ N☒ Source: TBD
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: Daryl Morey, Planning Director
October 2, 2017
180.65
Bethlehem Baptist Church final plat
194506v1 1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE
OF MINNESOTA AND REACQUISITION OF FEE TITLE TO CERTAIN
TAX-FORFEITED LANDS AND CONVEYANCE OF THE TAX-FORFEITED
LANDS TO ABUTTING PROPERTY OWNER
WHEREAS, pursuant to that certain deed dated April 18, 1994, and filed on May 9, 1994,
as Document Number 303287 with the Dakota Registrar of Titles, the City of Lakeville (“Deed”)
became the present owner for public use of certain tax-forfeited lands identified as P.I.N. 22-
02500-54-012, located in the City of Lakeville, Dakota County, and legally described in the
attached Exhibit “A” (the “Premises”);
WHEREAS, the Deed included a use restriction requiring exclusive use of the Premises
for storm sewer right of way and provided for a reversion to the State in the event the Premises is
no longer used in accordance with the restriction;
WHEREAS, the City desires to reconvey the Premises to the State of Minnesota for the
purposes of an outright purchase by the City of fee title to the Premises at a cost of $180.65; and
WHEREAS, the City intends to acquire the Premises for resale of the Premises to the
Developer of the Bethlehem Baptist Church plat in accordance with the terms of the Development
Agreement between the City and Bethlehem Baptist Church of Minneapolis, Minnesota;
NOW THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota:
1. The reconveyance of the Premises to the State of Minnesota and the acquisition of
the Premises in the amount of $180.65, without a use restriction, is hereby
approved;
2. The Mayor and City Clerk are authorized to execute the deed reconveying the
Premises to the State of Minnesota;
3. The City Administrator is authorized and directed to take such steps as are
necessary to reacquire the Premises from the State of Minnesota as an outright
purchase by the City of the fee title.
194506v1 2
ADOPTED by the Lakeville City Council the _______ day of ______________, 2017.
CITY OF LAKEVILLE
BY: ______________________________
Douglas P. Anderson, Mayor
ATTEST:
_____________________________
Charlene Friedges, City Clerk
194506v1 3
EXHIBIT “A”
Legal Description of Premises:
That part of the South Half of the Southwest Quarter of Section 25, Township 114 North, Range 21
West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows: Commencing at the
Northeast corner of the South Half of the Southwest Quarter of said section; thence bearing South
89 degrees 56 minutes 29 seconds West (assumed bearing), along the North line of the said South
Half of the Southwest Quarter, 760.32 feet to the actual point of beginning of the tract to be
described; thence bearing South 01 degrees 10 minutes 58 seconds West, 500.00 feet; thence
bearing South 89 degrees 56 minutes 29 seconds West, parallel with said North line, 671.20 feet,
more or less, to the center line of old Minnesota Trunk Highway No. 65, as laid out and traveled;
thence North along said center line, 500.00 feet, more or less, to the North line of said South Half
of the Southwest Quarter; thence bearing North 89 degrees 56 minutes 29 seconds East, along said
North line, 671.20 feet to the actual point of beginning.
194506v1 4
EXHIBIT “B”
Legal Description of Lake West Property:
PIN # 35-118-22-14-0010
The West One Hundred Eighty (W 180’) feet of the North Two Hundred Twenty-five (N 225’) of
the South Six Hundred Fifteen (S 615’) feet of the Southeast Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section 35, Township 118, Range 22, Hennepin County, Minnesota.
and
PIN # 35-118-22-14-0012
The West 230 feet of the South 330 feet of the Southeast Quarter of the Northeast Quarter of
Section 35, Township 118 North, Range 22 West of the 5th Principal Meridian, Hennepin County,
Minnesota.