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I I I Council Meeting Minutes August 24, 1999 Page 2 Consent A~enda. continued 5. CONSIDERATION OF APPROVAL OF THE 5TH STREET SW WATER TOWER LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. 5 Ayes - 0 Nayes, Motion Carried Public Hearing - None Council Business Community Development Director Kevin Locke presented a minor subdivision and alley vacation to divide an existin~ vacant parcel at the southwest corner of Co. Rd. Hand Long Lake Rd, into two lots, Also, the applicant is requesting vacation of the 14 ft. alley ROW along the western property line south of Co, Rd. H. This item was continued from the August 9 Council Meeting due to a dispute over ownership of the property. The applicant, Alan Dale of Dale Tile Company, is listed on County records as the fee owner, and Genevieve Haack is listed as taxpayer. Haack is deceased, but her estate alleges ownership of the property. The City Attorney received a copy of the warranty deed from the Haack estate indicating ownership, but the deed was never filed at the County, This would mean that Haack has the actual record of ownership at the County, The City Attorney advises that the alley vacation could be decided on its own merits regardless of ownership, The real issue is whether the City wishes to maintain the alley as a public ROW. Staff recommends vacating the alley, but retaining the utility easement. If Council wishes to approve the lot subdivision, the City Attorney recommends it be made subject to the four conditions in the staff report with inclusion of a fifth condition, The fifth condition would be: "approval of the subdivision contingent on the applicant providing a title opinion or proof of title acceptable to the City Attorney." Richard Glassman, attorney ,representing the Haack estate, explained that according to Minnesota law, an owner's certificate of title is needed to file ownership. Dale Tile was issued the certificate in 1966, and the Haack estate has now petitioned for a new owner's certificate of title. If the deed were found, legal hurdles and costs could be avoided by resolution of the ownership issue. The estate has continued to pay the taxes for over 23 years, and the Haack family also owns the adjoining lots, The Haack family objects to the subdivision and alley vacation because of the ownership issue and the alley's effect on their adjacent parcels. Benke asked if the fifth condition is predicated on proof of ownership. Locke said if the applicant provided satisfactory proof of ownership, then the subdivision and vacation request could be considered by Council. Benke verified the alley vacation pertains to the entire length and width of the remaining alley abutting Lots 1-13 and 18-30, subject to the retention of the utility easement. Samuelson asked if there are existing structures on other lots identified in the proposal. Locke said the property owners of the four parcels with homes located in the alley ROW have been notified of the application. Consent Agenda 5th St, SW Water Tower Lease Report 99-195 Council Business Dale/Rodningen Minor Subdivision and Alley Vacation Report 99-196 Resolution 99-079 Resolution 99-080