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07-28-1982 Council Agenda
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07-28-1982 Council Agenda
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THOMAS M. SWEENEY <br />JAMES J. O'CONNOR <br />JOHN H. LeMAY <br />GEORGE F. BORER <br />SWEENEY, O'CONNOR & LeMAY <br />PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />(612) 222 -2541 <br />July 19, 1982 <br />Mr. Joseph G. Chlebeck <br />City Clerk <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />Re: Sale of Real Property <br />Our File No. 4621 <br />Dear Joe: <br />SUITE 350 <br />NORTHERN FEDERAL BUILDING <br />SIXTH AND WABASHA <br />ST. PAUL, MINNESOTA55102 <br />Minn. Stat. Section 412.211, authorizes the City to sell "or <br />otherwise dispose of" real property "as its interests require ". <br />Present State law does not require advertisement for bids prior <br />to sale of real property. However, the City may decide to solicit <br />bids. <br />Title of the subject property should be reviewed to determine <br />that the City holds absolute fee title. If the City only has an <br />easement or holds the property in trust, then the City would not <br />be able to convey marketable title. <br />Would you please review your files relative to the two parcels <br />that were authorized for sale at the Council meeting of July 14, <br />1982, so that we may begin to check the status of title. <br />The Resolution that authorizes the sale should contain a <br />statement that the City no longer has any use for the property <br />that is to be sold, and that it is in the public interest to sell <br />the same. <br />Minn. Stat. Section 462.356, Subd. 2., requires that after a <br />comprehensive municipal plan or section thereof has been recommended <br />and filed with the city council, the disposition of any publicly <br />owned real property must be sent to the Planning Commission for <br />review, prior to the sale of said property. If the Planning <br />Commission does not act on the proposal within 45 days, the City <br />may take further action relative to the sale. The City Council <br />does have the authority, by resolution adopted by a two - thirds <br />vote, to dispense with the requirement of submittal to the Planning <br />Commission, if the Council finds that the sale has no relationship <br />to the comprehensive municipal plan. <br />J:3 <br />
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