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I <br /> I <br /> I <br /> ! <br /> I <br /> i <br /> I <br /> I <br /> I <br /> ! <br /> I <br /> I <br /> I <br /> I <br />I <br /> I <br /> I <br /> ! <br /> <br />TO: <br /> <br />FROM: <br /> <br />RE: <br /> <br />DATE: <br /> <br />RAMSEY CITY COUNCIL <br /> <br />WILLIAM K. GOODRICH, CITY ATTORNEY <br /> <br />SALE OR LEASE OF PROPERTY ACQUIRED FROM <br />FIRST GUARANTY CORP. <br /> <br />FEBRUARY 22, 1982 <br /> <br />At your Council meeting on January 26, 1982, you asked me to <br />determine the City's alternatives relating to selling or leasing <br />the property the City acquired from First Guaranty to Orin <br />Lemke. <br /> <br />The City does have the power to either sell or lease this land <br />pursuant to M.S.A. 412.211, which states in part: <br /> <br />Every city may acquire, either within or without its <br />corporate limits, such real and personal property as the <br />purposes of the city may require, by purchase, gift, <br />condemnation, lease or otherwise, and may hold, manage, <br />control, sell, convey, lease or otherwise dispose of real <br />property as ~ts interes~-~ ~-~quire. <br /> <br />Since there is no park dedication or other specific use language <br />in the deed, I do not think there would be any public use or <br />dedication problem. However, if the City does use the land as a <br />park for a long period of time then seeks to sell it, the use as <br />a park itself could create a public dedication problem, even <br />though the deed did not state that the use was limited to park <br />purposes. <br /> <br />Since the City has adopted a Comprehensive Plan, the City may <br />not dispose of real property until after the Planning Commission <br />has reviewed the porposal and reported to the Council its <br />findings as to compliance with the Comprehensive Plan. <br /> <br />There is no bid requirement for the sale or lease of City <br />property. <br /> <br />The sale or lease procedure would be simply by resolution <br />authorizing the mayor and clerk to sign the necessary documents. <br /> <br />A sale may be by contract for deed if the Council determines <br />this to be in the City's best interests and, in addition, the <br />City may attach to the deed or contract for deed whatever use <br />restrictions the Council feels will be in the City's best <br />interest. <br /> <br />WKG/c mh <br /> <br /> <br />