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1fCITYOF ~,ity Center Drive, PO Box 147 anhassen, Minnesota 55317 Phone 612.937.1900 ;eneral Fax 612.93Z5739 ;ineering ?ax 612.93Z9152 'lic Safe~v lax 61Z934.2524 www. ci. chanhassen, mn. us MEMORANDUM TO: Mayor City Council FROM: Scott A. Botcher, City Manager~~ DATE: September 21, 1999 SUB J: Declination of Offer to Purchase Tax Forfeited Property Attached please find a state required offer made by the county to the city to consider the purchase of tax forfeited property located within our community. This property is located in the Carver Beach neighborhood. I have shared this information with all department heads and none of them have indicated that it would be in the city's interest to purchase this propertY. That being said, I would request that the council, as a part of the consent agenda, decline the offer to purchase this tax forfeited property. Thank you. g:\userXscottb\tax forfeited lands.doc .ity Ofi Chanhassen, A ~owin~, community with c{ean {akes, qua[in, schools, a charminz downtown, thriving businesses, and beautiful oarks. A ereat o/ace to live, work, and o/ay. CARVER COUNTY Office of County Auditor Carver County Government Center Administration Building 600 East Fourth Street Chaska, Minnesota 55318-2184 Phone (612) 361-1910 (612) 446-1722 Fax (612) 361-1919 August 12, 1999 Mark Lundgren County Auditor City of Chanhassen Scott Botcher 690 City Center Dr PO Box 147 Chanhassen, MN 55317-0147 Dear Scott Botcher, Enclosed is a listing of conservation and non-conservation land located in your city/township. The parcels described in the listing have been forfeited to the State of Minnesota for non- payment of property taxes. As required under MS 282.01, we request that you approve the parcel(s) for public auction or auction to adjacent owners or request a conveyance to your city/township for public use. These parcels are also being sent to the Department of Natural Resources for approval of sale. We require a certified copy of the City Council/Township Board Resolution authorizing any action taken. [f you request that a parcel be conveyed to your city/township, you must also complete the enclosed form "Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Land" and mail it to this office. One application must be filled out for each parcel you are requesting. Hake copies of the enclosed form as necessary. Your application will be subject to the approval by the Department of Natural Resources of these parcels for sale. Also, please return the original CERTWZCATE OF COUNTY BOARD OF FORFE]TED LANDS to my office after your city/township boards have signed the documents along with $1.65 deed tax, $5.00 ag conservation fee, and $19.50 recording fee for each parcel of land you wish to retain. Only new special assessments that were levied after the forfeiture need be certified to this office. The remaining balance of any assessments levied before the forfeiture will be picked up automatically. Please be advised that if the City Council/Township Board fails to respond within ninety {90) days of the date of this letter, the sale will be deemed to be approved. If you have any questions, please feel free to contact me at (612) 361-1905. Sincerely, ~_.~, Hark Lundgren ' Carver County Auditor \\CARVERNT0\SMITCHEL\Word\Tax Forfeit\CityTwp Sale Approval .doc Affirmativc AclionTEqual Opportanity Employer Printed on 10% Post-Consunter Recycled Paper · Note: If the governmental subdivision has purchased the tax-forfeited property, Form PT Form 80 should be used as the application for a state deed. If the tax-forfeited property has been purchased, it is not subject to the rule of reversion. The application PT Form 962 should only be used if the governmental subdivision is not purchasing the tax-forfeited property involved, and is only seeking to have it conveyed for an authorized public use, subject to the rule of reversion. Front Side of Form Name of County: Enter the name of the county where the tax-forfeited property is located in the space provided under the note on the PT Form 962. Name of Governmental Subdivision (Applicant): Enter the name of the governmental subdivision (county, school district, city, town, or special taxing district) that is applying for conveyance of the tax-forfeited land for an authorized public use on the line provided for this name. Examples of special taxing districts include the Metropolitan Council, MCDA, housing and redevelopment authorities (HRA's), economic development authorities (EDA's), port authorities, regional development conunissions (RDC's), hospital districts, and watershed districts. Mailing Address: Enter the mailing address of the governmental subdivision (applicant) on the line provided for this address. This should be the address used for the regular deliver5, of U.S. mail. Date of Forfeiture: On the line provided, enter the date that the requested property was forfeited to the state. Enter the month, day, and year. This information should be available from the county auditor's office. Legal Description: In the box provided, enter the complete legal description of the requested tax-forfeited property. Intended Authorized Public Use: In the space provided, de§cribe the intended authorized public use to be made of the tax-forfeited property. You must be specific. If more room is needed, use attachments. The following definitions and examples are provided to assist you in preparing your description. The intended authorized public use must meet both of the definitions in order to qualify for a use deed. Definition #1: Purpose Authorized by Statute. Law. or Ci.ty Charter The public purpose must be authorized by statute, special law, or city charter. For example, a school district may want to acquire a parcel of tax-forfeited land by use deed for the purpose of excavating sand and gravel for sale. This request should be denied because there is no legal authorization for a school district to benefit financially from the excavation of sand and gravel. On the other hand, a county may want to acquire the same parcel by use deed for the purpose of using the sand and gravel for county road construction and maintenance. This request could be approved because a county is authorized to acquire property for this purpose. Definition #2; Parcel Must Be Available to the General Public The intended use of the property must be one which allows the general public to use the parcel of tax-forfeited land. If only a select group of people would have access to the parcel, the request for a use deed should be denied. For example, a city may want to acquire a parcel of tax-forfeited land by use deed to build a parking lot next to the city's municipal garage. The parking lot would be used exclusively by city employees. The proposed use would qualify under definition #1 because a city is authorized to acquire property for an employee parking lot. However, the city's request for a use deed would have to be denied because the parking lot would not be available to the general public. It fails under definition #2. If the city wanted the land for an employee parking lot, it would have to purchase the property. On the other hand, if the city's intended use for the parcel of tax-forfeited land was for a municipal parking lot available to the general public,' its request for a use deed could be approved. In this case, both definitions #1 and #2 would be - satisfied. Examples of authorized public uses which have been approved by the Department of Revenue in the past are: (1) parks and recreation areas; (2) municipal parking lots; (3) roads, streets, and highxvays; (4) drainage areas; (5) walking and biking trails; and (6) fire stations and town halls. · "Open space" is not an acceptable authorized public use by itself. The general rule is ,one application for one parcel for .one authorized public use. An exception is made for two or more contiguous parcels on one application for one authorized public use. A use deed will not be issued for a parcel for two or more unrelated public uses. If the authorized public use is by special law or by city charter rather than by statute, this should be documented. If a special law enacted by the Minnesota legislature directs the conveyance of a specific parcel of tax-forfeited land to the governmental subdivision, the year, chapter, article, section, and clause (as applicable) for this special law should be listed. A copy of the law with the specific conditions and requirements for the conveyance highlighted should be attached. If the authorized public use is by city charter, attach a copy of the relevant city charter provision. Each application must include the specific language for any easement or other restriction that must be listed on the state deed. The language for a conservation easement must be worked out with the Department of Natural Resources (DNR.). A governmental subdivision may retain title to a parcel of tax-forfeited land by use deed as long as the parcel continues to be used for the authorized public use listed in the use deed. If the parcel is not put to its intended use, or if the use changes, the parcel must be reconveyed to the state (using a PT Form 975 for a total conveyance or a PT Form 976 for a partial conveyance), unless the governmental subdivision completes and files a PT Form 961 -- Application for Approval of a New Authorized Public Use of Tax-Forfeited Lands. This rule is known as the "Rule of Reversion." There are two exceptions to the Rule of Reversion. They are outlined below. Economic Development and Redevelopment under Minnesota Statutes Chapter 469 Housing and redevelopment authorities (HRA's), economic development authorities (EDA's), port authorities, and cities that document an economic development or redevelopment project under M.S. Chapter 469 may be issued a use deed which grants them an exemption from the Rule of Reversion if the parcel is reconveyed to another party as part of the project. To qualify for the exemption, a certificate of termination of reversion must be filed with the county recorder's office or the registrar of titles as soon as the parcel has been conveyed. ~ Economic Redevelopment in Targeted Neighborhoods An HRA, an EDA, a port authority, or a city may acquire a parcel of tax-forfeited land located in a targeted neighborhood as defined by M.S. 469.201, Subd. 10 for the redevelopment of the land as productive taxable property. The use deed that would be issued would contain the Rule of Reversion clause. However, the Rule of Reversion clause could be negated by the filing of a certificate of termination of reversion with the county recorder's office or the registrar of titles office as soon as the parcel has been conveyed to a third party who would be subject to property taxes. If your governmental subdivision intends to use the tax-forfeited land for economic redevelopment in a targeted neighborhood, this must be documented on the application form. Need for the Property: In the space provided, state the need for this particular tax-forfeited property. Be specific. For example, why this property instead of some other property? W[,~at needs will be satisfied or what problems eliminated or reduced by the conveyance of this property to your governmental subdivision? Are these needs already being met or can they be met without acquiring this property? Correction of a Previously Issued Use Deed: If the application is to correct the governmental subdivision's name and or legal description shown on a previously issued use deed, the appropriate box or boxes should be checked to indicate this intent. The state deed number for the original use deed should also be entered on the line provided for this purpose. If the original use deed has been recorded, you should supply the recording information by typing it on the form or attaching this information to the form. If the original use deed has not been recorded, the original use deed should be returned to: Minnesota Department of Revenue, Property Tax Division, Mail Station 3340, St. Paul, Minnesota 55146-3340. Disclosure of Location of Wells: State law (M.S. 1031.235) requires the disclosure of wells on tax-'forfeited land being conveyed. The face of the use deed will indicate whether or not them are wells on the property. It is the county auditor's (or land commissioner's) responsibility to check the appropriate box on the application form indicating whether: (a) there are one or more wells on this property; or (b) there are no wells on this property. Note: A Wetland Certification Form must be completed and attached to each application form, including application forms for corrective use deeds. This is needed by the Department of Revenue to determine whether or not a restrictive covenant must be inserted in the use deed. This form will be taken care of by the count3' auditor (or land commissioner). Back Side of Form The authorized representative of the governmental subdivision (applicant) must sign the PT Form 962 at the top of the back side of the form, and have the signature notarized. The application form must then be presented to the county board for its review and recommendation. An authorized representative of the county board must sign for the board. The next step is for the county auditor (or land commissioner, if the county has a land commissioner) to certify that all of the steps required by statute to prepare a parcel of tax- forfeited land~ for c.onveyance for an authorized pu.blic use have been taken care of. Finall~, th~ use deed application form must be sent to the Commissioner of Revenue for review, and for approval or denial. The Commissioner's decision is final. The following persons in the Property Tax Division of the Department of Revenue are available to provide assistance in the completion of the PT Form 962: General Procedures and Requirements ..................... Bob Lerfald ...... (612) 296-5139 Forms and Forms Completion ................................. Scott Johnson ....(612) 296-0394 Revised (10/11/96) 4 PT Form 962 (Revised I0/11/96) Minnesota Department of Revenue Staple All Correspondence Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use (Minnesota Statutes, Section 282.01, Subdivisions la through lc) (Notc: If the governmental subdioision has purchased thc property, usc PT Form 80) In Carver Name of governmental subdivision (applicant): Mailing address of applicant: Date requested property was forfeited to the State: (month) (day) (year) Legal description of property (include the name of the city/town in which the property is located): Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): State the need for the property (be specific, e.g., why this property instead of some other property?): Please check the appropriate boxes below: [] correcting governmental subd. name and/or [--] legal description original deed no. (If recorded, please supply recording information. lfnot recorded, please return the original state deed.) A Wetland Certification Form Must Be Attached To This Application Return application to: MN Department of Revenue · Property Tax Division · Mail Station 3340 · St. Paul, MN 55146-3340 [~ There are one or more wells on this property [~] There are no wells on this properly STATE OF MINNESOTA ) ) SS. County of ) being first duly sworn, deposes and says that he/she is the authorized representative of the applicant named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Name Title Subscribed and sworn to before me this day of ,19 Notary Public, My commission expires County, Minn. RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Board of C~rlfer County, Minnesota, has reviewed the application of dated ., 19 , for the conveyance for an authorized public use of certain tax-forfeited land described therein. The county board recommends that this application be: rejected __ granted __ Signature (for the County Board) · Date CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited land for conveyance for an authorized public use. Signature of County Auditor or Land Commissioner Date OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minn., Upon due consideration of this application, it is ordered that it is hereby: rejected __ .,19 granted By Commissioner of Revenue CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the Board of the City, of Chanhassen. We, the members of the County Board of the County of CARVER, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as conservation/non-conservationLands, from the list of lands forfeited to the State of Minnesota for non- payment of taxes for the year or years 1993 as provided by Minnesota Statutes 1945, Section 282.01 as amended. AppraisedValue of Conservation/ PID#/Legal Description Land Non-Conversation PID# 25-1600340 Lots 501 & 502, Carver Beach $1,000 Non-Conservation In witness whereofwe have hereunto subscribed our names this/O ~ day of ~ uL6~','~ ,lg_~ John Siegfried, Chair ~_G James Ische Ursula Dimler Harlan Dobra~ Attest: Mark Lundgren Cawer County Auditor The foregoing classification and sale is hereby approved on Bythe Board of the City of Chanhassen. Filed this ~ day of ,19 Mark Lundgren, Carver County Auditor By: Deputy Darfted by: Carver County Auditor's Office. Government Center - Administration Building, 600 East 4~ Street, Chaska, MN 55318-2184