HomeMy WebLinkAboutResolution - 90-286 - Tax Division of Property Owned by US Fish & Wildlife and Darril Peterson - 12/18/1990 RESOLUTION No• gO-A(p
WHEREAS, prior to December 12, 1984, Marcella G. Klein,
Daniel G. Klein, Jean Ann Klein, Alan C. Klein, Mary K. Klein,
James C. Klein, and Lynn Marie Klein, Trustees of the 1975
Revocable Trust of George C. Klein, and Darril S. Peterson and
Barbara J. Peterson ( "owners" ) , were the owners of certain land
consisting of approximately 6 .95 acres situated in the City of
Eden Prairie identified with the property identification number,
PIN 30-116-22-44-0006 ( "the land" ) , in the records of the
Hennepin County Auditor, and
WHEREAS, the owners conveyed to the United States of America
by Warranty Deed, dated December 12, 1984, a portion of the land
• consisting of approximately four acres and other real property
which together with the portion of the land conveyed aggregates
approximately 32 acres, and
WHEREAS, the conveyance of the portion of the land to the
United States of America constituted a subdivision
( "subdivision" ) as defined by the Code of the City of Eden
Prairie ( "City" ) , which subdivision required the approval of the
City, and
WHEREAS, approval of such subdivision was never requested
of, nor given by, the City and notwithstanding such fact the
Warranty Deed was recorded in the office of the Hennepin County
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• Recorder on the 15th day of January, 1985, Document No. 4960989,
and
WHEREAS, the land has never been divided by the Hennepin
County Auditor for the purpose of imposing the ad valorem tax on
that portion not conveyed to the United States of America and
that portion of the land conveyed to the United
States of America is exempt from the imposition of the ad valorem
tax, and
WHEREAS, the Hennepin County Auditor has refused to divide
the land or its net tax capacity pursuant to M.S. §272.162
unless a condition allowing transfer set forth in that section is
met, one of which is that the restrictions on the division of
taxes and filing and recording have been waived by resolution of
the governing body of the municipality in the particular case
because compliance would create an unnecessary hardship and
failure to comply would not interfere with the purpose of the
regulation, and
WHEREAS, the lack of a division of the land in the records
of the office of the Hennepin County Auditor results in the impo-
sition of the ad valorem tax against the land, including that por-
tion conveyed to the United States of America, which necessitates
a time consuming computation of the taxes applicable to that por-
tion of the land remaining in the ownership of the owners.
•
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NOW THEREFORE, BE IT RESOLVED that the restrictions on the
• division of taxes and filing and recording of the Warranty Deed
contained in M.S. §272 .162 create an unnecessary hardship and
failure to comply therewith would not interfere with the purpose
of M.S. §272.162 and are therefore hereby waived and the Clerk or
other appropriate officer of the City is authorized to certify to
the Hennepin County Auditor that such restrictions have been
waived in accordance with the foregoing.
RESOLVED FURTHER, that nothing contained herein shall
constitute or be deemed to constitute an approval of the sub-
division by the City or the extension or granting of any benefit
that may accrue therefrom to the owners of the parcels into which
the land was subdivided.
ADOPTED by the Eden Prairie City Council on the day of
19
Mayor
ATTEST:
City lerk
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