HomeMy WebLinkAbout1997-114
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RESOLUTION NO.
97-114
RESOLUTION APPROVING ACCEPTANCE
OF CONVEYANCE OF LAND, APPROVING
MINOR SUBDIVISION, REAPPORTIONING ASSESSMENTS
INCLUDING THE EXPUNGEMENT OF A PORTION THEREOF
WHEREAS, the City of Stillwater, a Home Rule .City of the Third Class is traversed with
wooded ravines that have benefitted the City in their natural state by being used as drainage areas
and green space; and,
WHEREAS, many of the ravines are under private ownership and the City has a policy
that the ravines, if owned by the public, would be more likely to be preserved in their natural and
open space in perpetuity; and,
WHEREAS, Bruce D. Shalles and Constance G. Shalles, husband and wife, have
obtained title through a tax sale to real estate located within the original Town, now City of
Stillwater, that includes property bisected by Myrtle Street, some of the property lies south of the
south line of Myrtle Street and is within a ravine and drainage area. The whole tract is described
in Exhibit "A"; and,
WHEREAS, an agreement has been reached between the Shalles and the City whereby
the Shalles would convey to the City that part of Parcel A lying south of the south line of Myrtle
Street and described in Exhibit "B" and retain, for themselves, that part of Parcel A lying north of
the north line of Myrtle Street and described in Exhibit "C" in return for a reapportionment ofthe
assessments due on Parcel A; and,
WHEREAS, the division of Parcel A into Parcels B and C requires minor subdivision
approval before either parcel may be conveyed separately on instruments of conveyance.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That a conveyance from the Shalles to the City of the real estate described in Exhibit
"B" is accepted and the City Staff is authorized and directed to record the conveyance with the
County Recorder of Washington County.
2. That the subdivision of Parcel A into Parcels B and C is approved and the City Clerk
is authorized to stamp the conveyances in order to indicate to the County Recorder that the deeds
are in recordable form and have been approved by the City.
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3. The City Treasurer is authorized to apportion the assessments as follows:
PARCEL
B
C
REVISED ASSESSMENT
$0.00
INITIAL ASSESSMENT
$3,621.92
$676.28
$338.03 paid in full
and the City Treasurer is further authorized to prepare and execute documents necessary to
effectuate the adjustment in assessments including as necessary the abatement of portions
thereof.
4. The City Attorney is authorized and directed to prepare any instruments of
conveyance necessary to facilitate the transfer of Parcel B to the City and to assist in the closing
as is necessary to effectuate this transaction.
Enacted by the City Council of the City of Stillwater this 6th day of May, 1997.
CITY OF STILL WATER
ATTEST:
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PART OF THE NORTH HALF OF THE SOUTHEAST QUARTE~ OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T30, R20, BEGINNING AT
A POINT OF THE EAST LINE WHERE THE NORTH LINE OF MYRTLE STREET
INTERSECTS; THENCE WEST ALONG THE NORTH LINE OF MYRTLE STREET TO A
POINT 100 FEET EAST OF THE EAST LINE OF HARRIET STREET; THENCE NORTH TO
A POINT THAT IS 120.86 FEET SOUTH OF THE NORTH LINE; THENCE EAST TO
BEGINNING; ALSO BEGINNING ON THE SOUTH LINE THEREOF, 75 FEET EAST OF
THE EAST LINE OF HARRIET STREET; THENCE NORTH TO THE SOUTH LINE OF
MYRTLE STREET; THENCE EASTERLY ALONG THE SOUTH LINE OF MYRTLE
STREET TO A POINT 95.9 FEET WESTERLY FROM THE WEST LINE OF 6lH STREET;
THENCE SOUTH TO THE SOUTH LINE OF SAID TRACT; THENCE WEST TO THE
POINT OF BEGINNING. THIS TRACT BEING PART OF THE ORIGINAL TOWN, NOW
CITY OF STILLWATER.
Exhibit "A"
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PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T30, R20, BEGINNING AT
A POINT ON THE SOUTH LINE THEREOF, 75 FEET EAST OF THE EAST LINE OF
HARRIET STREET; THENCE NORTH TO THE SOUTH LINE OF MYRTLE STREET;
THENCE EASTERLY ALONG THE SOUTH LINE OF MYRTLE STREET TO A POINT 95.9
FEET WESTERL Y FROM THE WEST LINE OF 6lH STREET; THENCE SOUTH TO THE
SOUTH LINE OF SAID TRACT; THENCE WEST TO THE POINT OF BEGINNING. THIS
TRACT BEING PART OF THE ORIGINAL TOWN, NOW CITY OF STILL WATER.
Exhibit "B"
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PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, T30, R20, BEGINNING AT
A POINT ON THE EAST LINE WHERE THE NORTH LINE OF MYRTLE STREET
INTERSECTS; THENCE WEST ALONG THE NORTH LINE OF MYRTLE STREET TO A
POINT 100 FEET EAST OF THE EAST LINE OF HARRIET STREET; THENCE NORTH TO
A POINT THAT IS 120.86 FEET SOUTH OF THE NORTH LINE; THENCE EAST TO
BEGINNING. THIS TRACT BEING PART OF THE ORIGINAL TOWN, NOW CITY OF
STILLWATER. '
Exhibit "C"
Fo,m No. 28-M-QUIT CLAIM DEED
Individual (s) to Corporation
or Partnership
Minnesota Uniform Convl'yandnR Blank" (1978)
Miller-Davis Coo. Minneapoli!'
e
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19__
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ _____
Date:
,19_
(reserved for recording data)
FOR VALUABLE CONSIDERATION, __Bru~. Sh~~~e:..~_':.n~ Cor:stance_G. _~halles ____
.husbanci..and-'tli.ffL._______.________ , Grantor (s),
(marital status)
a Municipal Corporation
real property in Washington
hereby convey (s) and quitclaim (s) to _~f sti 1 lwater _
__________________________________, Grantee.
. under the laws of Mi nnF>~()t.a.._______.._ ,
County, Minnesota, described as follows:
PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SEcrION 28, T30, R20, BEGINNING AT A POINT ON THE
SOUTH LINE THEREOF, 75 FEEl' EAST OF THE EAST LINE OF HARRIEr STREET; THENCE
NORTH TO THE SOTJrH LINE OF MYRTLE STREEr; THENCE EASTERLY ALCNG THE SOUTH LINE
OF MYRTLE STRF'.EI' TO A POINT 95. 9 FEEl' WESTERLY FROM THE WEST LINE OF 6TH STREEr;
THENCE SOUTH TO THE SOUTH LINE OF SAID TRAcr; THENCE WEST TO THE POINT OF BEGINNING.
Sellers know of no wells on above described real property.
Total consideration is less than $500.00.
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I if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
,.\ fj'lY Dt"'d 'Tax Sf <:\fn p J ICf(t
Bruce D. Shalles
Constance G. Shalles
STATE OF MINNESOTA
} ~,
COUNTY OF .....NASHTNmnN
The foregoing instrument was acknowledged before me this
by Rrll'-'p n Rh"llp~ "nr'l rnncd'"nrp r, Rh"llpc:
hll~hnnr'l "nr'l ""ifp
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) I
day of
,19_,
, Grantor (s).
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real property described In this instrument should
be sent to (Include name and add res! ot Grantee):
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THIS INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS):
David T. Magnuson (#66400)
Magnuson law Finn
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
City Treasurer
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082