Agenda Packets - 2008/04/28 - Laserfiche WebLink

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Item No: 7D Meeting Date: April 28, 2008 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 805, an Ordinance Authorizing the Disposal and Conveyance of Land and by Quit Claim Deed to Abiding Savior Lutheran Church Introduction: On September 24, 2007, the Mounds View City Council approved Resolution 7159 approving the final plat associated with the Abiding Savior Addition Major Subdivision. The subdivision, requested by Abiding Savior Lutheran Church, involves property at 8184 Eastwood Road and 8211 Red Oak Drive totaling approximately 7.5 acres. The Church had submitted the subdivision application to split the home and 16,025 square feet land from the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. After the Church submitted the plat to Ramsey County for recordation, the County contacted the City of Mounds View with questions concerning the chain of title relating to the Church property. Discussion: The City of Mounds View acquired land adjacent to the church (Lots 3 and 4, Block 1, Flink Addition) for the construction of Ardan Avenue in 1965. After the road was constructed, the City vacated its interest in the excess Flink land (the south 32.5 feet) by resolution in 1970. In 1972, deeds were filed which transferred ownership of the excess Flink land from Adolph and Laura Flink and Dalberg Builders, Inc. to Abiding Savior. Since that time, Abiding Savior has used that land as its own and is represented in the 2007 plat. The problem however lies in the 1970 action which authorized the vacation of the south 32.5 feet of the Flink lots, the land remaining and considered excess subsequent to the construction of Ardan Avenue. According to Minnesota law, when a city vacates a public right of way or easement, the ownership and control of the land reverts back to the underlying property owner, which in 1970 was the City of Mounds View, by virtue of its 1965 acquisition. While the City does not dispute ownership, there is no documentation on file to verify or validate any transfer of land from the City to the Flinks and/or Dalberg Builders, Inc. On April 14, 2008, the City Council on April 14 approved Resolution 7252 a resolution determining sufficiency with MN Statutes Section 462.356 which documents the City Council’s decision to dispense with the requirement for the Planning Commission to review the proposed land transfer for consistency with the Comprehensive Plan. At this same meeting, the Council approved the introduction and first reading of the subject ordinance.