Agenda - Council - 03/13/1990 - Laserfiche WebLink

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TILLER CORP. VS. CITY OF RAMSEY AND GILBERT A. MENKVELD By: William K. Goodrich, City Attorney Background: Tiller Corporation which is connected with Barton Sand and Gravel has started a Quiet Title Action to clear the interest of the City and Menkveld in a mobile home park Purchase and Lease Back Agreement. This agreement dates back to 1973. In 1973, Menkveld wanted to build a mobile home park in the North Half of the NW% of Section 27, Township 32, Range 25. The City issued him a CUP conditioned on him constructing a municipal sewer system to service the park. That was the purpose of the 1973 agreement. Obviously nothing since has been done on this project. In 1987, the Council authorized cancelling the agreement. However, Menkveld would not cooperate and therefore nothing further proceeded. Now the land- owner has started a law suit in order to have a court direct that the agreement be null and void as it affects the landowner's property. Recommendation: I recommend that we cooperate with the landowner (Plaintiff) and agree by whatever means appropriate to eliminate the City's interest in the 1973 agreement and the subject property. Council Action: Motion to Direct City Attorney to advise Plaintiff's attorney in the Anoka County Quiet Title. Action of Tiller Corp. vs. City of Ramsey, Gilbert A. Menkveld Court File ~C5-90-1271, that the City has no interest in the subject property by virtue of the 1973 Purchase and Lease Back Agreement and that the City will not interpose an Answer to the action and the Mayor at the direction of the city Attorney is authorized to sign whatever documents appropriate in order to eliminate any interest the City may have in the subject property. Review Checklist: Administrator Attorney .Engineer Community Develop- ment Director X Chief of Police Finance Officer Public Works Superintendent Other