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• • • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala MEETING DATE: November 13, 2012 TOPIC: Consider Resolution No. 12 -111 Approving Reconveyance of Forfeited Lands and Authorizing Certification of Entitlement to Land, Outlot A, Wollan Estates. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to reconvey, Outlot A of Wollan Estates to the State of Minnesota and request conveyance of the same land to the City without deed restrictions. BACKGROUND Wollan Estates is a residential subdivision located north of Main Street and west of Lake Drive including properties along Diane Street. The subdivision includes a 17 acre undeveloped City park. Wollan Park is included is included in the City's Comprehensive Plan for future natural park/open space purposes. The property is mostly comprised of a high quality wetland complex. In 2010 the City began evaluating the opportunity to restore the wetland and establish wetland bank credits. These credits could be used to offset wetland impacts on other city projects and /or be sold through the state's wetland bank system. However, during title research, it was discovered that the City obtained the property from the State of Minnesota via tax forfeiture in 1990 for public park purposes. Properties conveyed through this method are deed restricted for specific purposes i.e. public park use. This has created a problem for the purposes of establishing the wetland bank. In researching possible remedies staff reviewed the original subdivision file which included references that the property was intended for park purposes and contained an unrecorded deed conveying the property to the City. Minnesota Statutes Section 282.01 does allow for the conveyance of property directly to the city, without restrictions, if the City was entitled to the property under a written agreement or instrument prior to its forfeiture. After reviewing this information with Anoka County it was recommended that we reconvey the land back to the state and submit a subsequent certification that the City is entitled to the land by prior agreement. The County will then process the requests concurrently. The new conveyance will not be subject to the public use deed restrictions. This will allow the city to use the property for wetland bank purposes as well as the intended park use. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -111.