HomeMy WebLinkAbout2014-071 RESOLUTION 2014-071
AUTHORIZING THE CITY TO APPLY FOR CONDITIONAL USE DEEDS OF TAX
FORFEITED LANDS
WHEREAS,the parcels 19.030.20.44.0019, 19.030.20.44.0020, 19.030.20.44.0021, 30.030.20.11.0017;
30.030.20.11.0019 and 30.030.20.11.0020 have gone tax forfeit and available to the City of Stillwater for
public use by the acquisition of a Conditional Use Deed.
NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of Stillwater,Minnesota
hereby authorizes the City Clerk to apply for a Conditional Use Deed for the following properties and as
shown on"Exhibit A" attached.
19.030.20.44.0019 Creekside Crossing, Outlot D
19.030.20.44.0020 Creekside Crossing, Outlot E
19.030.20.44.0021 Creekside Crossing, Outlot F
30.030.20.11.0017 Creekside Crossing, Outlot G
30.030.20.11.0019 Creekside Crossing, Outlot I
30.030.20.11.0020 Creekside Crossing, Outlot J
Adopted by the City Council this 6th day of May, 2014.
cki, Mayor
ATTEST:
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Diane F. Ward, City Clerk
MAGNUSON LAW FORM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE
324 MAIN STREET SOUTH - SUrrE #260 - STULWAnEx, MN 55082-5165
TauRONE: (651) 439-9464 - FACSIMILE: (651) 439-5641
W W W. MAGNOSONLAWFIRM.COM
. JOHN D. MAGNUSON
JDMAGNUSON@WGNUSONLAWFIRM.COM
DAVID T. MAGNUSON
DTMAGNUSGN@ MAGNUSONLAWFIRM.COM
MEMORANDUM
FROM: David T. Magnuson, Stillwater City Attorney
TO: Mayor, City Council and Staff
RE: Creekside Crossing Tax Forfeited Parcels
DATE; December 1, 2011
When Creekside Crossing was annexed, the developer was.required to build a long access
road in order to reach Boutwell Road. The one side of this access road bordered property that
remained within Stillwater Township, and the Orderly Annexation Agreement prevented the
annexation of this Township property or the assessment of it for road improvements.
Nevertheless, the developer, Trailhead Development Company was required to build this
access road at its own expense, but they believed it was unfair to allow property that remained in
the Township to have access to a road at no cost.
The City agreed with this position, but was also concerned that only a fair price be
charged by Trailhead to these adjacent owners for access to the roadway. This compromise
allowed the developer to plat a narrow strip of land between the Township property and the
access road that would require an agreement from Trailhead to allow passage across it. The City
then obligated Trailhead to charge adjacent owners no more than their fixed cost for the road.
Since the development of Creekside Crossing, however, Trailhead has gone out of
business, has not paid real estate taxes on these strips, and the parcels are therefore ready to be
sold at auction by Washington County. Since the City, has first chance at these parcels for
roadway purposes, it is proposed that the City buy these strips and make them part of the right-
of-way of Creekside Crossing. This will allow access to adjacent owners at no cost, and it will
protect the owners from an adverse party buying these strips simply to frustrate their access.
RespectMy submitted,
David T. Ma uson
Stillwater i Attorney
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Legend
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