HomeMy WebLinkAboutRe: acquisition of property i
Department of Taxation-Foam No.966(Public Uae) :3846668
STATE OF MINNESOTA
DEPARTMENT OF TAXATION
CONVEYANCE OF FORFEITED LANDS
(Issued pursuant to Minnesota Statutes, Section 282.01, Subdivision 1)
THIS INDENTURE, made this_ 19th day of June 19-M, between the
State of Minnesota as party of the first
part, and Ji1�:_r
o of Orono.
A Governmental Subdivision as party of the second part, WITNESSETH:
WHEREAS, the land hereinafter described was duly forfeited to the State of Minnesota for the non-
payment of taxes, and,
WHEREAS, pursuant to Minnesota Statutes Section 282.01, Subdivision 1, the party of the second
part has applied to the Commissioner of Taxation for the conveyance of lands hereinafter describe to be
used by it exclusively for Lake access lanes
and,
WHEREAS, the Board of County Commissioners of the County of Hennepin
State of Minnesota, has recommended to the Commissioner of Taxation by resolution adopted on the
19th day of _ May 19 7C), that such conveyance be made,
NOW, THEREFORE, The State of Minnesota,pursuant to said laws and in consideration of the prem-
ises, does hereby grant, bargain,sell and convey unto the party of the second part, forever, all the tracts
or parcels of land lying and being in the County of Hennepin , State of Minnesota,
described as follows, to-wit:
Plat 1+211003 Parcel 88'.00 — Lxcept road, Lot 10, Block 6,
Bergquist u Lvicklundts Park,
Hennepin Co, Minn.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there-
unto belonging or in anywise appertaining, to the said party of the second parso long as it shall con-
tinue to use said land for the purposes aforesaid, and upon condition that if s ch use shall cease said
land shall revert to the party of the first part as provided by law}No deed tax will be payable on'this
conveyance.
IN TESTIMONY WHEREOF, the State of Minnesota, party of the first part, has caused this deed to
be executed in its name in the City of St. Paul, Ramsey County, Minnesota, the day and year first above
written.
In presence of: STATE OF MINNESOTA
-
RUFUS T. LOGAN
Commissioner of Taxation
�vj
STATE OF MINNESOTA
l
County of Ramsey ss.
)
On this 19th day of June , 192Q, before me personally
L, , appeared ARTHUR C. ROEMER, acting for the Commissioner of Taxation of the
`'•" `'r State of Minnesota under delegation of authority duly filed with the Secretary of
9i State, to me known to be the person who executed the foregoing conveyance in be-
-t!" half of the State of Minnesota, and acknowledged that-he executed the same as the
�ree act and deed of said state pursuant to the statutes in such case made and pro-
vided.
tHIS iNS VMW WAS DRAFTED BY
', tt1 AR 'C.ROEMER
ISiEPllIV" 1,
MM-ISSIONER OF TAXATION
ST. PAUL,MINNESOTA 59101
PATRICIA ZENT7_I I
Notary Public, Ramso,• County, Minn.
My Commission ripucs May 9, 1975
3s4sscq
No
STATE DEED
Under Minnesota Statutes, Section
282.01, Subdigision 1.
STATE OF i SOTA /
TO
i
SEP 18-70 6 6 6 8 O 12.00 A
Ext"�ps -
.TAXES-PAr**f" IN 1%L
ON WITHIN DESCRIBED -
PROPERTY ARE PAID
sr.�rE'1�n0
OFFICE OF REGISTER OF DEEDS 16, (9$
STATEO SOTA, couw"TReAs.
County og
I hereby certify that the within Deedwas filed in this office for record on the
d
HENN R $oo�� nntc =f0
g TRAIISF�R _.
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Ul �C/l � GEQ ;_
s Deputy. ---
Drrui'(
February 28, 1993
Ron Moorse,City Administrator
City of Orono MAR ?,
Box 66
Crystal Bay,MN 55323
Dear Mr.Moorse,
I am writing to you on the advice of John Gerhardson.I am interested in acquiring a piece of City-owned
land,if the City of Orono would consent to sell it.I've discussed this with Mr.Gerhardson,who suggested
that my wisest course of action would be to bring this request before the council to get a feeling for its
feasibility prior to entering the formal application process. Since I would be bringing the matter up as an
unscheduled item during the"public comments"section of the next meeting,Mr.Gerhardson felt that it
would be most expedient to bring this matter to the council members' attention prior to the meeting.He
suggested that I write this letter detailing my request,so you could provide the information to the council.
The parcel of land in question is highlighted on the enclosed plat map.It consists of two adjacent pieces: 1)
half of an undeveloped road access running from County Rd. 19 along the Minnetrista border with 33 feet of
lakeshore,and 2)a somewhat mysterious triangular parcel with 21 feet of shoreline(numbered 10 on the
map and assigned the address of 4795 North Shore Dr.).
I own a home directly across the street from this property(my property is the grey block on the map
comprised of lots 7,8,and part of 9 on the other side of Cty. 19).1 would like to add this lakeshore lot to
my own parcel of land for the purpose of acquiring riparian rights.According to Mr.Gerhardson,this land
presently serves no function for the City of Orono,and due to its extreme incline appears to be thoroughly
unbuildable.My only need would be to build a simple wooden stairway to provide access to the shoreline.
Other than this,I would have no desire to erect any structures on the land(I respect the letter and the intent
of the hardcover restrictions governing Lakeshore property).I also recognize that any adjacent property
owners would have to be notified of my intentions.This seems perfectly fair.
I realize that it is unorthodox to sell City-owned lakeshore to anyone but abutting property owners.But I
hope that my location directly across the street,and the fact that the property would have little value to
anyone else,can be taken into consideration. Also,by enhancing the value of my property,such an
arrangement would provide an opportunity for unutilized land to become a source of tax revenue for the
City.
I am a long-time resident of the Lake Minnetonka area.I grew up in Shorewood,and with the exception of
my college years,have lived near the lake my entire life.My wife and I have lived at our current adress for
five years.We love our home in Orono and would very much like to stay where we are;but we also know
that ultimately we would like to own a home on the lake.Purchasing this property would provide a great
opportunity for us to achieve our goal without havipg to move out of our present home.Your
consideration,and that of the council,would be greatly appreciated.I thank you in advance for your efforts.
Sincerely,
Je f y J.Marshall
4784 North Shore Dr.
Orono,MN 55364
H 472-8064 W 944-1081
P.S.I was hoping to present this to the council at the next meeting on March 8th.Please give me a call
upon receipt of this letter to let me know if this will be possible.Thank you.
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-- CITY of ORONO
� ��1 ,��� -� MunlclpatolBces
Post Office Box 66
w i ✓ i Crystal Bay,Minnesota 553234066
�:
�ArkSH�g'
March 24, 1993
Mr. Jeffrey J. Marshall
4784 North Shore Drive
Orono, Minnesota 55364
Dear Mr. Marshall:
Your proposed acquisition and use of City owned property raises several concerns and potential
conflicts with municipal ordinances. The subject property consists of an undeveloped 33' road
right-of-way and a former tax forfeited property acquired by the City in 1970 from the State
Land Department for drainage purposes.
The City reviews all tax forfeit lands to determine their suitability for any public purpose prior
to the release for sale to the private sector. Lot 10, Block 6, Bergquist and Wicklund's Park,
Hennepin County, Minnesota (PIN 07-117-23 32 0023)was acquired by the City for lake access
purposes. The specific conveyance document noted the purpose as "lake access lanes". In Mr.
Gerhardson's preliminary comments to you, he suggested that the property serves no public
purpose due to the extreme slopes making property unsuitable for building. In a recent
conversation with Mr. Gerhardson, he confirmed that if the road right-of-way and Lot 10 were
to be released, a drainage easement would be taken over the entire property because of the heavy
flow of drainage from the adjacent county road.
Lot 10 is substandard and would never be released for sale as a potential buildable site. The
City consistently releases lots such as this only to adjacent property owners. Such lots are not
released to owners of properties across a roadway, particularly a county roadway.
The plan to use the property for lake access raises several concerns. A major one being the
need for you to cross the county road every time you seek access to the lake or your lakeshore
property. That specific section of county road is dangerous because of the sharp curve and the
limited sighting distance created by the steep topographies on both the north and south side of
the county road. Staff would not recommend approval of such a pattern of use based on the
general public's safety, health and welfare.
TELEPHONE-473-7357 9 FAX-473-0510
Mr. Jeffrey J. Marshall
March 24, 1993
Page 2
Your proposed use also presents a conflict in the code as the code prohibits an accessory dock
or access stair on a lakeshore parcel that does not have a principal structure. The code does not
allow you to use the credit of the principal structure on your homestead parcel. The division
created by the county road prohibits the legal combination of the parcels. Such a request would
require variance approval from the City and once again the issue of safety would be raised in
the use of the riparian lot divided by the county road.
Your letter also discusses the need for an access stairs to the lakeshore. If the City is to retain
a drainage easement over the entire property, this too creates a conflict as no structures are
allowed to be installed within public easement areas.
In summary, based on the issue of safety, conflicts within the code and the limitations on
construction within the drainage easement, I cannot support your request and proposed use of
the property. I have enclosed a copy of the code sections dealing with accessory structures
pertinent to your proposed use. If you have any questions, please call me.
Sincerely,
Ron Moorse
City Administrator
RM/ch
Enc.
cc: Jeanne A. Mabusth, Building & Zoning Administrator
John R. Gerhardson, Public Works Director
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