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Home My WebLink About20080915 - VI-11Donald J. Fluegel Daniel J. Fluegel Sean R. McCarthy FLUEGEL LAW FIRM P.A. Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-?477 vT-11 MEMORANDUM TO: HONORABLE MAYOR HICKS AND CIT UNCIL MEMBERS FROM: DANIEL 3. FLUEGEL, CITY ATTORNE DATE: SEPTEMBER 10, 2008 Telephone 651-438-1777 Fax 651-43R-9775 RE: RESOLUTION CONFIRMING LEGAL DESCRIPTION FROM PRIOR RESOLUTION NO. 1 I-OS-04 Request. The City Council is requested to adopt a Resolution confirming the cotTected legal description to be used far the exchange of real property with the Hastings HRA originally authorized by the City Council on November 1, 2004. Background. On November 1, 2004, the Hastings City Council adopted a Resolution declaring parts of Lots 7 and 8, Block 1, Town of Hastings excess City property and authorizing its exchange for HRA property north of Block 2, Town of Hastings. After the Resolution was adopted, additional real estate research on the parcels was completed with the intent of obtaining a Commitment for Title Insurance. As a result of that additional research, staff determined the legal description referenced in the original Resolution was defective. In working with the Title Company, we have now obtained a corrected legal description and staff requests that the City Council confirm the authorization granted in the prior Resolution using the updated legal description. Attachments. I. Resolution Confirming Legal Description frotm Prior Resolution No. I 1-OS-04 Declaring Parts of Lots 7 and 8, Block 1, Town of Hastings Excess City Property and Authorizing its Exchange for HRA Property North of•Block 2, Town of Hastings 2. site map depicting HRA and City parcels to be exchanged 3. copy of prior Resolution No. 1 1-OS-04 `* Also admitted to practice in Wisconsin SITE MAP PROPERTY D NUMBER: 1932150-084-01 FEE OWNER: CITY OF HASTINGS 101 4TH ST E HASTINGS MN 55 033-1 9 4 4 PAYABLE 2004 TAXES NET TAX: 0.00 SPECVLL ASSESSMENTS: 0.00 TOTAL TAX b SA 0.00 PAYABLE 2005 ASMNT USAGE:EXEMPT Lcv~~ Pa vfc 2004 ESTfMATED MARKET VALUES (PAYABLE 2005} LANG: 17,200 LOTSIZE(EXCLWES BU~DMG: 2,300 ROAD EASEMENTS) TOTAL: 19,500 3 SO FT SCHOOL DISTRICT: 200 -O.OJACRES LOCATION: NEtl4 NW1l4 SECTION 27-115-17 PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RNER tAST QUALFIED SALE: DATE: AMOUNT: ~iYS~- 5~~~ is~i4~ .-t, S v i OTE Dimensions rounded to nearest toot opyrigM 2004. Dakota County tis drawing b neither a bgally recorded map nor a survey and is not intended to be used as one. to drawirg b a compilation of records, information and data located in various city. county. and sb offices trod other sources, artectirtg the area shoNm, and a m tx used for reference purposes tly. Dakota County ~ not responsible for any inaccuraaes herein comtained. H discrepancies are und, please tOrrtad Dak,ofa County Survey and Land Information Deparlmertt ep Dare: October 12, 2004 Parcels Updated: 08/19!2004 Aerial Photography: 7991 PLAT NAME: TOWN OF HASTINGS ELKS 1 THRU 99 TAX DESCRIPTION: PT OF LOTS 7 8 8 Bl}C 1 COM SW COR BLK 1 E ON S LINE 219.20 F'T TO BEG NW ON CUR 131.25FTNOD01M51SE 15.83 FTTONLINELOT7E ON N LINE LOTS 7 8 8 31.32 FT TO INT LINE PARR TO 8 10 FT W OF C!L MOST W SPUR TRACT RR SE ON SAID PARR LINE TO S LINE BLK W 35.23 FT TO BEG 8t 2004 BUILD@IG INFORMATION (PAYABLE 2005): NO DATA AVARABLE ~ 0~3 '~. N CITY OF HASTINGS DAKOTA COUNTY STATE OF MINNESOTA Council member ricks introduced the following resolution and moved its adoption. RESOLUTION NO. 11-05-04 RESOLUTION DECLARING PARTS OF LOTS 786 8, BLOCK 1, TOWN OF HASTINGS EXCESS CITY PROPERTY AND AUTIiORIZING ITS EXCHANGE FOR HRA PROPERTY NORTH OF BLOCK 2, TOWN OF HASTINGS. WHEREAS The City of Hastings owns parts of Lots 7 8s 8, Block I, Town of Hastings (TH), approximately 4,093 square feet in size, with legal description shown on Exhibit A; and WHEREAS The Housing and Redevelopment Authority in and for the City of Hastings (HRA) owns a part of vacated East First Street right-of--way, adjacent and north of Lot 1, Block 2, and the East 1 foot of Lot 2, Block 2, TH, approximately 1,584 square feet in size; and WHEREAS The HRA proposed the exchange for the purpose of facilitating redevelopment on Block 1, TH and for the purpose of returning the vacated part of First Street to the public use to facilitate access along the riverfront; and WHEREAS The City of Hastings conducted a public hearing on November 1, 2004 to hear public comment on the proposed declaration of parts of Lots 7 8s 8, Block 1, TH excess and authorizing exchange for HRA property north of Block 2, TH; and WHEREAS the City Council of the City of Hastings has determined that it is in the public interest that parts of Lots 7 8s 8, Block 1, 0TH, be declared excess and finds that the exchange of the property for the HRA property north of Block 2 is commercially reasonable; NOW THEREFORE BE IT RESOLVED by the City Council that the Mayor and City Clerk are authorized to execute a deed to the Hastings Housing and Redevelopment Authority, including the following provisions: A. City will convey the property by quit claim deed. B. City will reserve all easements platted on this property. C. Deeds will be exchanged when The Housing and Redevelopment Authority has executed a deed to the City of Hastings for the parcel north of Block 2, TH, formerly part of East First Street. The motion for the adoption of the foregoing resolution was seconded by Council Member Yandr ~it~ and upon a vote being taken, the following voted in favor: Councilm~ber Hazlet, ricks, xiveness, Schultz, Nbratzka, Yandrasits & Mayor Werner And the following voted against: 1Vone Absent: ADOPTED BY THE CITY COUNCIL OF HASTINGS, This 1sT day of November, 2004. ~_ Michael D. Werner, Mayor ATTEST: Y Melanie Mesko Lee, City Clerk (seal) EXHIBIT A Legal Description of City property on Block 1, Town of Hastings That part of Lota Seven (7) and Eight (S), Block Oae (1), of the Tows according to the plat thereof now on file and of record in the office ofotheiCouaty Recorder in and for said Dakota County, Minnesota, described as follows: Comaencing at the Southwest corner of Block Oae (1) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block Oae (1) a distance of 219.26 feet to the point of begin_n_{ng of the Iand to he described; thence Northwesterly, along a non-tangential curve,•concave to tha South- west, having a radius of 365.28 feet, a central angle of 20 degrees, 35 minutes, I6 seconds, a chord bearing of North 17 degrees IO minutes 19 seconds Weat, a distance of 131.25 feet; thence North 00 degrees O1 minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7); thence South 89 degzeea 58 minutes 09 seconds East, along the North line of Lot Seven (7), a distance of 1b.44 feet to the Northwest corner of Lot Eight (8); thence Southeasterly to a point on the South line of said Lot Eight (8), distant 10.00 feet Asa t of the Southeast corner of said Lot Eight (8); thence Aest along the South lice of said Lot Eight (8), to the point of beginning, CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION CONFIRMING LEGAL DESCRIPTION FROM PRIOR RESOLUTION NO. I1-05-04 DECLARING PARTS OF LOTS 7 AND 8, BLOCK 1, TOWN OF HASTINGS EXCESS CITY PROPERTY AND AUTHORIZING ITS EXCHANGE FOR HRA PROPERTY NORTH OF BLOCK Z, TOWN OF HASTINGS. WHEREAS, the City of Hastings owns parts of Lots 7 & 8, Block 1, Town of Hastings (TH), approximately 4,093 square feet in size, with legal description shown on Exhibit A; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Hastings (HRA) owns a part of vacated East First Street right-of--way, adjacent and north of Lot 1, Block 2, and the East 1 foot of Lot 2, Block 2, TH, approximately 1,584 square feet in size; and WHEREAS, the HRA proposed the exchange for the purpose of facilitating redevelopment on Block 1, TH and for the purpose of returning the vacated part of First Street to the public use to facilitate access along the riverfront; and WHEREAS, the City of Hastings conducted a public hearing on November 1, 2004 to hear public comment on the proposed declaration of parts of Lots 7 & 8, Block 1, TH excess and authorizing exchange for HRA property north of Block 2, TH; and WHEREAS, the City Council of the City of Hastings has determined that it is in the public interest that parts of Lats 7 & 8, Block 1, TH, be declared excess and finds that the exchange of the property for the HRA property north of Block 2 is commercially reasonable; and WHEREAS, the City Council of the City of Hastings on November 1, 2004, adopted Resolution No. 11-OS-04 authorizing the Mayor and City Clerk to execute a deed in favor of the Hastings Housing and Redevelopment Authority, subject to certain provisions; and WHEREAS, the legal description attached as Exhibit A to Resolution 11-OS-04 has been found to be defective and the correct legal description of the real property declared excess and to be exchanged for real property owned by the Hastings Housing and Redevelopment Authority is shown on the attached Exhibit A. NOW THEREFORE BE IT RESOLVED by the City Council that the Mayor and City Clerk are authorized to execute a deed conveying the property described on the attached Exhibit A to the Housing and Redevelopment Authority in and for the City of Hastings, a public body corporate and politic under the laws of the State of Minnesota. All additional provisions and requirements set forth in Resolution No. 11-OS-04 shall remain the same with the exception of the updated legal description. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 15TH DAY OF SEPTEMBER, 2008. Ayes: Nays: Absent: Paul 3. Hicks, Mayor Melanie Mesko Lee, City Clerk (SEAL) 2 EXHIBIT A LEGAL DESCRIPTION That part of Lot 8, Block 1, Town of Hastings, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Beginning at the Northwest corner of said Lot 8; thence Southeasterly to a point on the South line of said Lot 8, distant 10 feet West of the Southeast corner thereof; thence east along said South line a distance of 0.80 feet to the intersection with a line drawn parallel with and distant 10 feet West of the centerline of the most Westerly spur track of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Northwesterly along a curve to the left, having a central angel of 21 degrees 02 minutes 58 seconds and a radius of 400.28 feet, for a distance of 147.06 feet, more or less, to the intersection with a point on the North line of said Lot 8, distant 14.38 feet East of the Northwest corner thereof, which said paint is also distant 10 feet Westerly of the centerline of the most Westerly spur track; thence West along the North line of said Lot 8 a distance of 14.38 feet to the point of beginning; Together with that part of the adjoining South Half of the vacated alley which accrued thereto by reason of the vacation thereof. (abstract property) That part of Lots Seven (7) and Eight (8), Block One (1), of the Town (now City) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for said Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of Block One (1) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block One (I) a distance of 219.26 feet to the point of beginning of the land to be described; thence Northwesterly, along a nontangential curve, concave to the Southwest, having a radius of 365.28 feet, a central angle of 20 degrees 35 minutes 16 seconds, a chord bearing of North 17 degrees 10 minutes I9 seconds West, a distance of 131.25 feet; thence North 0 degrees O1 minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7); thence South 89 degrees 58 minutes 09 seconds East, along the North Line of Lot Seven (7), a distance of 16.94 feet to the Northwest corner of Lot Eight (8); thence Southeasterly to a point on the South line of said Lot Eight (8), distant 10.00 feet West of the Southeast corner of said Lot Eight (8); thence West, along the South line of said Lot Eight (8) to the point of beginning; Together with that part of vacated alley in Block 1, Town of Hastings accruing thereto by reason of said vacation. (torrens property, Certificate of Title No. 55741)