The URL can be used to link to this page

Home My WebLink About09-03-13 RESOLUTION 0 9- 0 3 -13 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTY TO THE CITY OF OAK PARK HEIGHTS FROM W.A.T.E. ENTERPRISES INC. Whereas the City currently maintains an a perpetual drainage easement upon property now owned by W.A.T.E Enterprises Inc., the "Owner ", and; Whereas the Owner has expressed an interest in donating the underlying property to the City, and; Whereas such donation will provide the City full and clear rights to hold, operate and maintain this pond as any other real estate development aspects it may deem necessary and pursuant to law and other of legal encumbrances, and; Whereas the City does desire to take accept the donation of this property from the Owner and which has an apprised value of $50,000.00. NOW, THEREFORE, BE IT NOW RESOLVED that the City through its Mayor and City Administrator is authorized and directed to enter into and execute on behalf of the City any necessary agreement(s) to properly implement the above land exchange subject to the review and • approval of the City Attorney's Office. Passed by the City Council for the City of Oak aEor rc 09 T ri J nson Ci d inistrator r 1 N >: ` `I )fi KERN CENTER W E � 1 S a �� Property To Be donated 1 Ap WATE Property ,�• �O' Q _ To be Donated G1TV A • a Aft I t �. M� 4 City of Oak Park Heights 13168 Oak Park Blvd. N • Box 2007. Oak Pink Heights. MN 55082 Phoue(651)439 -1339 • Fax(651)439 -0574 ' * . AN Ex DZEE THIS MAP AND ITS ASSOCIATED NL YD'+,TS IS 7+T:S A G E \ OFL M — EN SURVEY NOR - - PE EII AS A DESIGN: TFIlS MAP SH ER FROM T H E HE A AS A GC 5 SHOULD ULD B E V E IT 15 PROV ' {..d...�� ° fir- •, mED ASACOL'R7E T FOR ACTUAL SITE ITS SITE CO ifIECIR'.ALLEI A TS SROLTD A L LOCATE I 1i1' [1FFFCAL SLRVEYS. O ACTUAL AL SITE :, MINT THAT I - HE OP. IiEH S OR ELEMENTS - DOCI^..ffhTATION. THE CITY PROVIDES NO 0.'ARRi \Tl" THAT THE S OR EIIVTS + i DEP[CIEDARE ACCURATE OR COP1tECT. ECKBERG� LAMMERS ► i 11 • ATTORNEYS AT LAW Stillwater Office: 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439 -2878 Fax (651) 439 -2923 bec: Eric Johnson Hudson Office: Judy Holst 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715) 386 -3733 Fax (651) 439 -2923 www.eckberglammers.com Eric, You will recall that under statute we are required to have a Resolution acknowledging a gift and accepting a gift for the City Council to pass. It would be appropriate that the Resolution include a notation that the City has received an appraisal of the property indicating it has a value of $50,000. Obviously that does not necessarily mean that the City believes that the value is $50,000, but Mr. Zintl can use that for whatever purposes he has with the IRS. Also, please note that now that we have sent the matter in for recording, you will be required to fill out and provide to the County, before July 1, 2009, a statement that the property is being used for public • purposes for siorinwater ponding, otherwise the Couinly will determine tax on the property aild send the City a tax statement claiming an amount due from the City. I a juciy is iam�liar with the process and protocol to follow, and I am, by additional BCC to on the letter, notifyi her of the event as well. .�J try truly, Vierling MJV /ndf ECKBERG. LAMMERS, BRIGGS. WOLFF & VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation Municipal Law Civil Litigation I ECKBERG,ao- 4h, LAMMERS I AA 11 • ATTORNEYS AT LAW Stillwater Office: Writer's Direct Dial: 1809 Northwestern Avenue (651) 351 -2118 Stillwater, Minnesota 55082 Writer's E -mail: (651) 439 -2878 mvierling @eckberglammers.com Fax (651) 439 -2923 February 16, 2009 Hudson Office: 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715) 386 -3733 Eric Johnson, City Administrator Thomas Haugrud, Esq. Fax (651) 439 -2923 City of Oak Park Heights Rosene, Haugrud & Staab, Chartered 14168 Oak Park Boulevard North 400 Robert Street North, Suite 1800 www.eckbergiammers.com Oak Park Heights, MN 55082 St. Paul, MN 55101 Re: Oak Park Heights, City of - WATE Enterprises, Inc. '08 Further regarding Donation of OutlotA (Part) to the City of Oak Park Heights Our File No.: 01501 -16857 Gentlemen: • Enclosed and Provided for your rec—dsis a copy of a Quit Clair: Deed that 1 have received at our off ces from Mr. Zintl, and also a copy of the Midwest Appraisal document that was prepared I assume at the request of W.A.T.E. Enterprises. We are proceeding with the recording f6ling it Claim Deed in the Offices of the County Recorder, and are providing a copy whrds. ru y MJV /ndf Enclosure ECKBERG, LAMNIERS, BRIGGS, WOLFF 8 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation Municipal Law Civil Litigation (Too 3 inches reserved for recordin& date) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.3.5 (2006) DEED TAX DUE $1.65 rY —� - DATE: February , 2009 FOR VALUABLE CONSIDERATION, W.A.T.E. Enterprises, Inc., a corporation under the laws of Minnesota ( "Grantor "), hereby conveys and quitclaims to City of Oak Park Heights, a statutory city under the laws of Minnesota ( "Grantee "), real property in Washington County, Minnesota, described as follows: Outlot A, Kern Center 2 Addition, except for that part of Outlot A, Kern Center 2 Addition shown as Parcel 226F on Minnesota Department of Transportation Right of Way Plats Numbered 82 -80 and • 82 -81 as the same are on file and of record in the office of the County Recorder in and for Washington County, Minnesota; Subject to all easements of record. The total consideration for this transfer of property is $500.00 or less. Check here if part or all of the land is Registered (Torrens) _ together with all hereditaments and appurtenances belonging thereto. Check box if applicable: X_ The Seller certifies that the seller does not know of any wells on the described property. _ A well disclosure certificate accompanies this document. _ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. Grantor W.A.T.E. Enterprises, Inc. Affix Deed Tax Stamp Here B Y: d William H. Zintl Its President Page 1 of 2 I STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) This instrument was acknowledged before me this I Grp day of February, 2009 by William H. Zintl, the President of W.A.T.E. Enterprises, Inc., a corporation under the laws of Minnesota, on behalf of the corporation, Grantor. NOT QR RANK) �o KRISTEN M. REILING Signature of notarial officer NOTARY PUBLIC- MR04MTA My Com ftwn Eapit" Jan. 31.2012 r r THIS INSTRUMENT WAS DRAFTED BY TAX STATEMENTS FOR THE REAL PROPERTY (NAME &ADDRESS) DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Thomas R. Haugrud, Esq. City of Oak Park Heights Rosene, Haugrud & Staab, Chartered 14168 Oak Park Blvd. North 400 Robert Street North, Suite 1800 P. O. Box 2007 St. Paul, MN 55101 Oak Par Heights, Minnesota 55082 Attorney ID No. 132433 Phone 651- 227 -6621 Fax 651 -297 -6642 F: \General \WATE \Corporate \QCD to City of OPH.doc paw Page 2 of 2 MIDWEST APPRAISALS, INC. 10083 Brookhaven Drive Woodbury, MN 55129 651 - 714 -2635 February 11, 2009 Mr. Will Zintl 5670 Memorial Avenue N Oak Park Heights, MN 55082 RE: Appraisal of pond area within Outlot A, Kern Center 2" Addition located on the northwest side of Stillwater Boulevard, about 275 feet northeasterly of 55` Street N, Oak Park Heights, MN Dear Mr. Zintl: Pursuant to your request, we have prepared a Restricted appraisal of the above referenced property for the purpose of estimating the current market value. The estimate of value as stated in this report is predicated upon the definition of market value contained herein. Implicit in the definition of market value is that payment is made in cash or its equivalency. The property rights appraised consist of title in fee simple. By virtue of our investigation we have formed the opinion that the market value of the described property, as of January 15, 2009 and based on a marketing period of one year, is: FIFTY THOUSAND DOLLARS $50,000 The undersigned certifies that they have personally inspected the subject property and that this appraisal is made subject to certain limiting conditions and assumptions as hereinafter expressed. Facts and information contained herein were obtained from sources that we considered reliable and are true to the best of our knowledge and belief. This appraisal also complies with USPAP and FIRREA standards. The following report describes our methods of approach, contains data gathered in our investigation, and demonstrates our analysis in arriving at the estimation of market value for the subject property. Respectfully submitted, MIDWEST APPRAISALS, INC. - - - -- - - - - -- F. W. Gergen, MAI Garry Kjos Certified General Real Property Appraiser Certified General Real Property Appraiser License #4001499 License #4002819 a