Adopt Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition

Consider Adoption of Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition.  DoubleT L.L.C. (Donor) has offered to donate Outlot A, Northfork Alpine Addition (the "Property") to the City.  The property is currently being used as a trail and is a key connection for the City trail system.  Costs to be incurred by the City to acquire the Property are estimated to be $1000 or less. Anoka County has assigned a tax valuation of $100.00.  the trail was constructed by the Developer as part of the original plat. It was contemplated that the parcel or an easement over it would be given to the city upon completion.

Staff has consulted with Parks and Assistant Public Works Superintendent Riverblood and he has indicated that ownership of this trail would be beneficial to the City and the Park Trail System. Ownership of this trail will allow the city to have access and to maintain it.

Staff has consulted with the City Attorney and an Environmental ESA is not required or recommended.

N/A

Staff is generally supportive of the accepting the donation fo the Property and paying for the acquisition costs as presented in the Donation Agreement. The Seller has indicated that they are only willing to donate this to the City "as-is" and will not incur additional costs associated with title defects. The City will order a Title Commitment as part of this process to determine if there are issues with the title that would cause the City to pause in its acquisition. Below are some key terms of the the Donation Agreement:

Legal Description: Outlot A, Northfork Alpine Addition
Tax ID Numbers: 19-32-25-42-0005
Acreage: =/- 0.04  acres
Property Taxes: $1.16 (Annual)
Sales Price: $0.00 Property to be donated
Closing Date: On or before July 31, 2021
Closing Costs: (Estimated to be $1,000 or less and are highlighted below):

1. At Closing, the following Donor closing costs and expenses must be paid by the Donor:
   1. Donor’s portion of the property taxes prorated to the date of Closing.
   2. Donor’s own attorney’s fees.
2. At Closing, the City must pay the following costs and expenses:
   1. City’s portion of the property taxes prorated to the date of Closing.
   2. City’s own attorney’s fees.
   3. Closing fees, if any.
   4. Documentary and recording fees for the deed.
   5. State deed tax.
   6. Cost of title commitment and owner’s title insurance policy.

Alternatives:

1. Adoption Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition (As presented); subject to City Attorney review
2. Adoption of Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition (with changes); subject to City Attorney review
3. Something else

Cost not to exceed $1,000 and could come from the City's Trail Development Fee Account, or a combination of multiple sources or other.
 

Staff recommends adoption of Adopt Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition (as presented); subject to City Attorney review.

Motion to adopt Resolution #21-130 Approving Donation Agreement and Acquisition of Outlot A, Northfork Alpine Addition; subject to City Attorney review.