DEPARTMENT: Property Taxation and Records
FILE TYPE: Consent Action
TITLE
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Authorization Of Release Of Conditional Use Deed Issued After January 1, 2007 To City of South St. Paul
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RESOLUTION
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WHEREAS, the City of South St. Paul obtained tax forfeited parcel 36-64300-020-18 (Lot 2, Block 18, Riverside Park Addition) from the State on a conditional use deed in 2008; and
WHEREAS, the parcel is reserved for bluff preservation and is unbuildable under the City’s ordinances; and
WHEREAS, the City has requested a release of the conditional use deed from the Commissioner of Revenue in order to convey the parcel to a neighboring property owner; and
WHEREAS, pursuant to Minn. Stat. § 282.01, subd. 1d, paragraph (b), the County Board is required to identify whether the County objects to the State conveying the parcel to the City without conditions restricting the property’s use.
NOW, THEREFORE, BE IT RESOLVED, That pursuant to Minn. Stat. § 282.01, subd. 1d(b), the Dakota County Board of Commissioners does not object to the conveyance of parcel 36-64300-020-18 (Lot 2, Block 18, Riverside Park Addition) to the City of South St. Paul without conditions and without further act by or obligation of the City.
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BACKGROUND
The Dakota County Treasurer-Auditor requests that the Dakota County Board of Commissioners release the use restrictions on conditional use deeds issued for tax forfeited properties transferred to cities and townships within the County after January 1, 2007.
State law allows the Commissioner of Revenue to transfer tax forfeited lands to governmental subdivision with a conditional use deed, restricting the use of the property to only authorized public uses. As defined in Minn. Stat. 282.01, Subd. 1a, paragraph e, authorized public uses are limited to:
(1) a road, or right-of-way for a road;
(2) a park that is both available to, and accessible by, the public that contains improvements such as campgrounds, playgrounds, athletic fields, trails, or shelters;
(3) trails for walking, bicycling, snowmobiling, or other recreational purposes, along with a reasonable amount of surrounding land maintained in its natural state;
(4) transit facilities for buses, light rail transit, commuter rail or passenger rail, including transit ways, park-and-ride lots, transit stations, maintenance and garage facilities, and other facilities related to a public transit system;
(5) public beaches or boat launches;
(6) public parking;
(7) civic recreation or conference facilities; and Authorized public use
(8) public service facilities such as fire halls, police stations, lift stations, water towers, sanitation facilities, water treatment facilities, and administrative offices.
Pursuant to Minn. Stat. § 282.01, subd. 1d, all conditional use deeds are generally released from their use restrictions on the later of January 1, 2015, or 30 years from the date of the deed. That statute, however, also allows the Commissioner of Revenue to release the use restrictions earlier for conditional use deeds issued after January 1, 2007, so long as the County Board does not object to the State conveying the land to the local government originally acquiring the property, without conditions restricting the property’s use.
RECOMMENDATION
recommendation
Staff in the Dakota County Property Taxation & Records Department recommend that the Dakota County Board of Commissioners approve a Resolution identifying the County has no objection to the State conveying the parcel to the City of South St. Paul without conditions and without further act by or obligation of the City, pursuant to Minn. Stat. § 282.01, subd. 1d, paragraph (b).
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FINANCIAL AND STAFFING IMPACTS
None.
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Letter for the Release of Deed
CONTACT
Department Director: Amy Koethe
Author: Airabella Lepinski