Resolution Number 25-15 Minerals
RESOLUTION NUMBER 25-15
RECOGNIZING ST. LOUIS COUNTY’S RESERVATION OF MINERAL RIGHTS ON LAND to be re-conveyed to the city of mountain iron
BE IT RESOLVED, by the City Council (the “Council”) of the City of Mountain Iron, St. Louis County, Minnesota (the “City”), as follows:
Section 1. Recitals.
1.01 The City entered into a Development Agreement dated August 17, 2005, (the “Development Agreement”), by and among the City, the Mt. Iron Economic Development Authority, a public body, corporate and politic, and a political subdivision, duly organized and existing under the laws of the State of Minnesota (the “Authority”), and Mountain Timber Properties, LLC, a limited liability company duly organized and existing under the laws of the State of Minnesota (the “Developer”).
1.02 Pursuant to the terms of the Development Agreement the Developer agreed to purchase the Development Property, and construct the Minimum Improvements on the Development Property, as both terms are defined in the Development Agreement.
1.03 The Development Agreement and the deed transferring the Development Property to the Developer contain a right of reverter stating that ownership of the Development Property reverts back to the City/Authority in the event the Developer does not construct the Minimum Improvements (the “Right of Reverter”).
1.04 With the permission of the City and the Authority, the Developer transferred a portion of the Development Property to another entity. The portion of the Development Property remaining after said transfer is legally described on Attachment A attached hereto and is referred to herein as the “Tax-Forfeit Property.”
1.05 The Minimum Improvements have not been constructed on the Tax-Forfeit Property and Developer is in default of the Development Agreement.
1.06 Developer failed to pay the property taxes on the Tax-Forfeit Property, it has gone tax-forfeit, and is now owned by the State of Minnesota.
1.07 Pursuant to Minnesota Statutes, Section 282.01 Subdivision 1a.(f), the commissioner of revenue shall convey a parcel of non-conservation tax-forfeited land to a local government subdivision upon the favorable recommendation of the county board if the governmental subdivision has certified to the board that prior to forfeiture the subdivision was entitled to the parcel under a written development agreement, but the conveyance failed to occur prior to forfeiture.
Section 2. Council recognizes St. Louis County’s reservation of mineral rights on the Tax-Forfeit Property.
2.01. The Council has certified to the Board of Commissioners for St. Louis County that the City is entitled to the Tax-Forfeit Property pursuant to the Development Agreement and the Deed, but the conveyance failed to occur prior to forfeiture.
2.02. The Council understands that pursuant to Minnesota Statutes, Section 282.01 Subdivision 1a.(f), any conveyance to the City is subject to a favorable recommendation of the Board of Commissioners for St. Louis County.
2.03. The Council recognizes that the Board of Commissioners for St. Louis County intends to make a favorable recommendation conditioned on the Minnesota Department of Revenue reserving all surface and subsurface minerals and mineral rights, specifically including, but not limited to, all iron-bearing tailings material currently owned by the State of Minnesota in trust for the benefit of the local taxing authorities.
DULY ADOPTED BY THE CITY COUNCIL THIS 5th DAY OF OCTOBER, 2015.
____________________________________
Mayor Gary Skalko
ATTEST:
__________________________________
City Administrator
ATTACHMENT A
Tract III
All that portion of the NW¼ of SW¼, Section 10, Township 58 North, Range 18 West, St. Louis County, Minnesota, lying Easterly of the East line of the DM&IR Railroad right-of-way, as currently constructed;
-and-
Tract IV
All that portion of the NE¼ of SW¼, Section 10, Township 58 North, Range 18 West, St. Louis County, Minnesota, lying Westerly of the West line of the County Road 102 right-of-way, as currently constructed, and lying Northerly of the North line of the St. Louis and Lake Counties Regional Railroad Authority railroad right-of-way (a/k/a Wacootah Spur right-of-way), as currently constructed;
-and-
Tract V
All that portion of the SW¼ of SW¼, Section 10, Township 58 North, Range 18 West, St. Louis County, Minnesota, lying Easterly of the East line of the DM&IR Railroad right-of-way and lying Northerly of the North line of the St. Louis arid Lake Counties Regional Railroad Authority railroad right-of-way (a/k/a Wacootah Spur right-of-way), as currently constructed
EXCEPT
That part of the NW¼ of SW¼ and the SW¼ of SW¼, Section 10, Township 58 North, Range 18 West of the Fourth Principal Meridian, City of Mt. Iron, St. Louis County, Minnesota, described as follows: Commencing at the northeast corner of said NW¼ of SW¼ of Section 10, thence South 00° 51’ 26” West, assigned bearing, along the east line of said NW¼ of SW¼ 853.51 feet to the point of beginning; thence continue South 00° 51’ 26” West along said east line 97.65 feet; thence South 65° 07’ 39” West 251.23 feet; thence South 53° 47’ 55” West 221.29 feet; thence South 28° 46’ 58” West 146.92 feet to the north line of said SW¼ of SW¼; thence continue South 28° 46’ 58” West 47.45 feet; thence South 18° 57’ 17” West 88.91 feet; thence South 33° 08’ 30” West 121.43 feet; thence South 43° 34’ 04” West 62.81 feet; thence North 85° 26’ 13” West 86.86 feet; thence North 59° 24’ 12” West 85.11 feet; thence North 34° 18’ 34” West 74.90 feet; thence North 04° 15’ 24” West 174.64 feet to the north line of said SW¼ of SW¼; thence continue North 04° 15’ 24” West 203.12 feet; thence North 20° 40’ 31” West 77.58 feet; thence North 42° 54’ 35” West 165.96 feet; thence North 37° 39’ 35” West 226.53 feet; thence South 90° 00’ 00” East 1054.39 feet; thence South 36° 45’ 35” East 158.07 feet to the point of beginning. Containing 12.0 acres, more or less.
-and-
That part of the NW¼ of SW¼ and the SW¼ of SW¼, Section 10, Township 58 North, Range 18 West of the Fourth Principal Meridian, City of Mt. Iron, St. Louis County, Minnesota, described as follows:
Commencing at the northeast corner, thence South 00° 51’ 26” West, assigned bearing, along the east line of said NW¼ of the SW¼, 726.86 feet; thence West 1,150.88 feet, to the point of beginning; thence continue West 29.60 feet, South 14° 30’ 16” East 342.64 feet; thence southeasterly along a tangential curve 697.23 feet, radius of 2,120.96 feet, and a central angle of 18° 50’ 06”; thence South 33° 20’ 22” East tangent to said curve 160.16 feet; thence North 00° 47’ 37” West 244.63 feet; thence North 59° 24’ 12” West 85.11 feet; thence North 34° 18’ 34” West 74.90 feet; thence North 04° 15’ 24” West 174.64 feet to the north line of said SW¼ of SW¼; thence continue North 04° 15’ 24” West 203.12 feet; thence North 20° 40’ 31” West 77.58 feet; thence North 42° 54’ 35” West 165.96 feet; thence North 37° 39’ 35” West 226.53 feet, to the point of beginning. Containing 3.19 acres, more or less.
Together with:
A perpetual, non-exclusive 66.00 foot roadway easement over, under and across that part of the NW¼ of the SW¼ and the NE¼ of the SW¼ of Section 10, Township 58 North, Range 18 West, for access to, ingress to and egress from the above-described parcels of land, the centerline of which easement is described as follows: Commencing at the northeast corner of said NW¼ of SW¼, thence South 00° 51’ 26” West, assigned bearing, along the east line of said NW¼ of SW¼ 799.45 feet; thence North 36° 45’ 35” West 90.59 feet to the beginning of said center line; thence South 36° 45’ 35” East 113.00 feet, thence South 59° 50’ 00” East 86.05 feet; thence North 89° 48’ 59” East 164.04 feet; thence North 63° 15’ 03” East 58.82 feet to the west right-of-way of County Road 102 and said center line there terminating.
The sidelines of said easement are presumed to be prolonged or shortened to terminate at the west right-of-way line of County Road 102.
STATE OF MINNESOTA )
) ss.
COUNTY OF ST. LOUIS )
I, the undersigned, the duly qualified and acting Administrator of the City of Mountain Iron, Minnesota (the “City”), do hereby certify that I am the official custodian of the records of the City, and that I have compared the attached copy with the original records of the City, and that it is a true and correct transcript taken from the records of a meeting of the City Council, held at the City of Mountain Iron in said State, on ____________, 2015.
IN WITNESS WHEREOF, I have hereunto set my hand as Administrator of the City, this ____ day of ________, 2015.
____________________________________
Administrator
