Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R94, Authorizing the City Manager to Accept a Quit Claim Deed for the Acquisition of Parcel ID: 3315-424-0001-000-5 and Payment of Related Taxes
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Submitted By: Mary Savage Dunham, Planning and Zoning.
Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.
Executive Summary (General Business): Staff has been trying to acquire this parcel to provide access to one of our conservation land holdings. Staff became aware that it is going to tax sale as there is a past due balance of $11,180.71. The parcel is owned by an affiliated entity of Kolter Homes (“Kolter”). Kolter has agreed to transfer the property to the City. The taxes need to be paid by December 31st. The City has funds available to pay the taxes in the Conservation Fund, however before the City pays the taxes, staff is requesting an executed Quit Claim Deed from Kolter so that the City has assurances that the parcel will be transferred to the City. Due to the compressed timeframe in which staff must act, staff respectfully requests that the Council authorize the City Manager to take all actions necessary for the acquisition of this important parcel, including but not limited to, acceptance of a Quit Claim Deed and payment of the taxes.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve the Resolution authorizing the City Manager to Acquire Parcel ID: 3315-424-0001-000-5 and pay the related taxes.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution authorizing the City Manager acquire Parcel ID: 3315-424-0001-000-5 and pay the related taxes.
2. Move that the Council provide direction to staff.
Background: This parcel, shown on the attached location map, would provide public access to our largest conservation parcel. Staff is working on securing grants to help implement the management plan for this parcel and open it to the public for passive recreation and nature activities. The property card is attached for your reference as well.
Issues/Analysis: The back taxes need to be paid by December 31, 2024, and the property is slated for tax deed sale in January. Kolter has agreed to transfer the property to the City in exchange for the City paying the taxes. Due to the timing, the City Manager may need to act prior to the next City Council meeting.
Financial Information: Taxes due =$11,180.71.
Special Consideration: Staff will not have time to complete the typical due diligence associated with acquisitions of real property. The City will be taking this property via Quit Claim Deed, subject to whatever may be in the chain of title for this parcel. There will be no warranties or protections that the interest being transferred is clear, marketable, or even legally owned by the party purporting to transfer it.
Location of Project: See location map attached.
Attachments:
1. Resolution.
2. Location Map.
3. Property Card.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24339-01
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.