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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. 000' 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