Agenda - Council - 08/11/2014 - Laserfiche WebLink

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CC Regular Session Meeting Date: 08/11/2014 By: Tim Gladhill, Community Development 4. 5. Information Title Introduce Ordinance #14-11 Authorizing Sale of Real Property to Correct Legal Description from 1997 Quit Claim Deed from City of Ramsey to Jack W. Newcomb Purpose/Background: On September 23, 1997, the City executed a Quit Claim Deed to Jack W. Newcomb as part of a City Improvement Project (Riverdale Drive near Tungsten Street). The Deed was properly executed and recorded with Anoka County. However, as part of a title review and clean up for an adjacent property, it was discovered that the legal description in said deed contained a one -word typographical error in which the language of 'north of [a described line]' was intended to read 'south of [a described line]'. The resulting correction to the County Surveyor Map and Anoka County Property Record now shows the City owning a 20 square foot parcel that appears to have been clearly intended to be conveyed to Jack W. Newcomb. The City does not need this parcel for public purpose, as indicated by the original approval in 1997 to convey this parcel to Mr. Newcomb. Since official records now show the City as owner of this parcel, and significant time has passed since the original approval, Staff feels that it is appropriate to handle this correction by Ordinance to avoid any potential similar issues to arise in the future. Notification: Notification is not required for this approval. Observations/Alternatives: Alternative # 1 - Introduce the ordinance as presented. As this appears to be a relatively minor typographical error that has had implications on a 1997 City approval, Staff feels that it is appropriate to introduce the ordinance at this time. Alternative #2 - Do not introduce the ordinance at this time. This parcel is not needed for any public purpose. The parcel size is only twenty (20) square feet and most likely use is to be combined with Mr. Newcomb's parcel. Alternative #3 - Direct Staff to negotiate a purchase price for the parcel. As the parcel is only 20 square feet, the likely cost incurred to negotiate a purchase price is likely to exceed the purchase price itself. Additionally, it appears that the situation is a clerical error where the clear intent was to convey the parcel in 1997. Funding Source: As the City was the entity that prepared the documents in 1997, this case is being handled as part of normal Staff duties. Recommendation: Staff recommends that the City Council introduce Ordinance # 14-11. Action: Motion to introduce Ordinance #14-11, subject to review by the City Attorney as to form and appropriate legal description.