HomeMy WebLinkAbout2012-111 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 12 -111
APPROVING RECONVEYANCE OF FORFEITED LANDS AND AUTHORIZING
CERTIFICATION OF ENTITLEMENT TO LAND
WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivision 1 a to lc, the State
of Minnesota, on November 9, 1990 conveyed to the City of Lino Lakes real property
described below as:
Outlot A, Wollan Estates
to be used for an authorized public use; and
WHEREAS, the property was intended to by conveyed to the City prior to the forfeiture; and
WHEREAS, under Minn. Stat. §282.01, Subd. 1, Par. (f), the City is entitled to the Forfeit
Property under a written development agreement or instrument
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota authorizes the reconveyance of Outlot A, Wollan Estates to the State of Minnesota
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of
Lino Lakes, Minnesota hereby authorizes staff to submit Certification pursuant to Minn Stat.
§282.01, Subd. 1, PAR. (f) that the City is entitled to Outlot A, Wollan Estates under a written
instrument and that conveyance of the Forfeit Property failed to occur prior to its forfeiture to
the State of Minnesota.
Adopted by the Council of the City of Lino Lakes this 13 day of November, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Roeser and was duly seconded by Council Member Raffe ty and upon vote
being taken thereon, the following voted in favor thereof:
Roeser, Rafferty, O'Donnell, Stoesz, Reinert
The following voted against same:
none
ATTEST:
A.
Jeff Reine , "ayor
•
•
•
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.
1
1
ATTACHMENTS
1. Resolution No. 12 -111
2. General Location Map
•
Site Locator Map
Legend
Woolan's Park Boundary
17.62 Acres N
A
Woolan's Park Wetland Bank
City of Lino Lakes, Minnesota
Critical Connections
Ecological Services, inc.
14750 Oahli7f Road • S.wxli. Minnesota 55079
651.471.000 r: aor.uiwua cMiog¢cGrslnt.cnun
Aerial Photo: 2008
Feet
0 175 350 700 1,050 1,400
Figure 1