Res 1997-32 ®C'ct2
RESOLUTION NO. 32 - 1997
A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN
NON-IMPROVEMENT SPECIAL ASSESSMENTS FOR A RESIDENCE
LOCATED AT 4680 SECOND STREET N.E. , FRIDLEY, MINNESOTA
WHEREAS, the City Council of the City of Fridley, Minnesota, finds that:
1. A certain residence within the City of Fridley located at 4680 Second
Street N.E. (P.I.N. 26-30-24-33-0048) required nuisance abatement, the
costs of which were certified to Anoka County in 1996 to be taxed
against the property in 1997, as authorized by law.
2. After the nuisance abatement, in 1996, the property became the property
of the United States Department of Housing and Urban Development (HUD) .
3. HUD sold the residence to Thomas Ryan in 1996.
4. As part of the process of selling the residence, a title and assessment
search was conducted on the property.
5. At the time of the assessment search, the costs that became the basis
for the nuisance abatement special assessment against the property had
not, as yet, been calculated and forwarded to the County, nor was the
information located in City records that, at that time, would ordinarily
have been searched to determine the existence of outstanding
assessments.
6. All outstanding assessments, except the one for nuisance abatement, were
paid at the time of the closing of the sale of the residence to Thomas
Ryan.
7. That at no time did the City of Fridley represent to HUD or any other
individual or party that the assessment search conducted was complete or
final.
8. That a current and valid special assessment continues to exist for the
property for nuisance abatement in the amount of $1,934.16.
9. That the current owner purchased the property with the understanding
that any and all assessments against it had been paid by HUD or would be
paid by HUD from the proceeds of the monies advanced at closing.
10. HUD has agreed to pay one-half of the outstanding balance of the special
assessment for nuisance abatement against the property, notwithstanding
its lack of actual notice of the outstanding assessment at the time of
the sale.
11. The outstanding special assessment against the property was not "for
local improvements" within the meaning of Minnesota Statutes Section
270.07.
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Page 2 -- Resolution No. 32 - 1997
12. That the reason the information concerning the special assessment for
nuisance abatement did not come up on the City's search for special
assessments was because the information had not been merged into the
data matrix that existed for special assessments for local improvements
in the City, a defect that has since been remedied.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City of Fridley agrees to accept as full and complete payment of the
outstanding special assessment against the foregoing residence the
payment by HUD of the sum of $967.08 and that the remaining balance of
$967.08 shall be deemed abated and paid in full.
2. The City staff is directed, by forwarding copies of this Resolution to
Anoka County, the Commissioner of Revenue, HUD and the current owner of
the residence, to notify interested parties of the City's decision in
this matter.
3. The City, in making this Resolution, is allowing this abatement only
under these particular and peculiar circumstances and expressly does not
intend for this action on its part to operate as any sort of precedent
for these or any other parties within the City at a future date.
PASSES AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF
APRIL, 1997.
�(e1-tC ' _� n
ANCY�.A.OR EN - MAYOR
Attest:
WILLIAM A. CHAMPA - CITY CLERK