HomeMy WebLinkAboutItem 06.gFebruary 2, 2011 Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution and quit claim
deed conveying Outlots JJ, KK and LL, Spirit of Brandtjen Farm to SBF Development Corp.
Passage of this motion will result in the conveyance of City -owned land in Spirit of Brandtjen
Farm to the developer for the purpose of correcting title issues raised by Dakota County
associated with recording the Spirit of Brandtjen Farm 6 Addition final plat.
Overview
The Spirit of Brandtjen Farm (SBF) 6 Addition preliminary and final plat, which re- platted a
portion of the original Spirit of Brandtjen Farm plat, was approved by the City Council on October
4, 2010. While attempting to record the SBF 6 Addition final plat mylars and associated
documents the developer was notified by Dakota County of issues associated with the
classification of a portion of the SBF 6 Addition property as abstract and a portion as torrens.
The City Council's approval of SBF 6 Addition included the conveyance of small portions of
Outlots JJ, KK and LL, SBF by the City to the developer to accommodate the revised plat design.
In an effort to resolve the issues raised by Dakota County in the most efficient and straightforward
manner, staff is recommending that all of Outlots JJ, KK and LL, SBF be conveyed to the
developer instead of the small portions originally proposed. The developer will then be the sole
owner of all property included in the SBF 6 Addition final plat, thus clearing the title so the final
plat can be recorded. The portions of Outlots JJ, KK and LL, SBF that are not included as lots in
SBF 6 Addition will be conveyed back to the City as Outlot C, SBF 6 Addition immediately
following the recording of that final plat as originally intended.
Primary Issue to Consider
• Will the proposed land conveyance have any negative impacts on the stormwater basins and
wetlands located within Outlots JJ, KK and LL, SBF?
Supporting Information
• Resolution
• Quit Claim Deed
•r. SBF 6 Addition Final Plat
Dary l Korey, PI ing Director
FEBRUARY 7, 2011 CITY COUNCIL MEETING
SPIRIT OF BRANDTJEN FARM LAND CONVEYANCE
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Staff Analysis of Issues
The City will retain ownership of the stormwater basins and wetlands located within Outlots JJ,
KK and LL, SBF with the recording of the deed conveying Outlot C, SBF 6th Addition by the
developer to the City immediately following the recording of the SBF 6 Addition final plat. Outlot
C, SBF 6 Addition consists of all but a few small portions of Outlots JJ, KK and LL, SBF that will
be included within lots in SBF 6 Addition. The resolution conveying to the developer only the
small portions of Outlots JJ, KK and LL, SBF that are to be included in the single family lots in
SBF 6 Addition will be rescinded with the City Council's approval of the resolution attached to
this memorandum.
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE CONVEYANCE OF
CITY -OWNED LAND FOR INCLUSION IN THE FINAL PLAT
OF SPIRIT OF BRANDTJEN FARM 6 ADDITION
WHEREAS, SBF Development Corp., a Minnesota corporation, is re- platting
numerous Tots and outlots within Spirit of Brandtjen Farm to be known as Spirit of
Brandtjen Farm 6 Addition. SBF Development Corp. is the fee owner of the majority of
the land that is proposed to be final platted as Spirit of Brandtjen Farm 6 Addition; and
WHEREAS, the proposed Spirit of Brandtjen Farm 6 Addition final plat includes
portions of City -owned Outlots JJ, KK and LL, Spirit of Brandtjen Farm; and
WHEREAS, the City desires that Outlots JJ, KK and LL, Spirit of Brandtjen Farm
be conveyed to SBF Development Corp. for inclusion in the final plat of Spirit of Brandtjen
Farm 6 Addition; and
WHEREAS, the portions of Outlots JJ, KK and LL, Spirit of Brandtjen Farm that will
not be included in single family lots in the final plat of Spirit of Brandtjen Farm 6 Addition
will be conveyed back to the City as Outlot C, Spirit of Brandtjen Farm 6 Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville, Minnesota:
1. Resolution No. 10 -77, approved by the City Council on October 4, 2010, is
hereby rescinded.
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2. The City Council hereby approves the conveyance of City -owned Outlots JJ,
KK and LL, Spirit of Brandtjen Farm to SBF Development Corp., a
Minnesota corporation, for inclusion in the final plat of Spirit of Brandtjen
Farm 6 Addition.
3. The requirements of Minn. Stat. § 462.356, Subd. 2 are dispensed with the
City Council finding that the proposed disposal of real property has no
relationship to the comprehensive municipal plan.
4. The Mayor and City Clerk are authorized to execute the necessary
documentation to convey and transfer title to the City -owned land to SBF
Development Corp., a Minnesota corporation, contingent upon the filing of
the Spirit of Brandtjen Farm 6 Addition final plat.
ADOPTED this 7 day of February, 2011, by the City Council of the City of
Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
( ss.
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct
copy of the resolution presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 7 day of February, 2011,
as shown by the minutes of said meeting in my possession.
(Seal)
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CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Charlene Friedges, City Clerk
DEED TAX DUE: $ 1.65
Date: , 2011.
(RESERVED FOR RECORDING INFORMATION)
QUIT CLAIM DEED
FOR VALUABLE CONSIDERATION, the CITY OF LAKEVILLE, a Minnesota municipal
corporation, Grantor, hereby conveys and quitclaims to SBF DEVELOPMENT CORP., a Minnesota
corporation, Grantee, real property in Dakota County, Minnesota, described as follows:
OUTLOTS JJ, KK and LL, SPIRIT OF BRANDTJEN
FARM, according to the recorded plat thereof
together with all hereditaments and appurtenances belonging thereto.
Check box if applicable:
The Seller certifies that the Seller does not know of any wells on the described real property.
A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously filed
well disclosure certificate.
The consideration for this transfer was less than $500.00.
154196v02 1 LKVL:SPIRIT OF BRANDTJEN FARM 6m ADD.
SRN:r01 /21/2011 (City -owned land to be included in final plat)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
Check here if part or all of the land is Registered (Torrens) 0
CITY OF LAKEVILLE
a Minnesota municipal corporation
By:
Mark Bellows, Mayor
By:
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of , 2011,
by Mark Bellows and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Notary Public
Tax Statements for the real property described in this
instrument should be sent to (Include name and address of
Grantee):
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON SBF Development Corp.
Professional Association 16972 Brandtjen Farm Drive
317 Eagandale Office Center Lakeville, MN 55044
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN
154196v02 2 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
SRN:r01 /21/2011 (City -owned land to be included in final plat)
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