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VII-1 -VIII-C-4 Donald J, Fluegel * Shawn M. Moynihan Daniel J, Fluegel FLUEGEL & MOYNIHAN P.A. Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 May 29, 2003 Mayor Mike Wemer and City Council Members Hastings City Hall 101 East Fourth Street Hastings, MN 55033 Re: Excess Property Public Hearing - Highway '316 Property Dear Mayor and City Council Members: On June 2,2003, the Hastings City Council will be hòlding a public hearing on whether or not to declare as excess property, .49 acres of city owned land along Highway 316, The city has been asked by the Minnesota Department of Transportation to deed to MNDOT a .49 acre parcel of city owned property along Highway 316 in Marshan Township, MNDOT needs this property as part of its Highway 316 improvement project. I have attached a copy of the MNDOT right-of-way plat for your information. This plat is difficult to read but the city parcel is identified as Parcel 8. Parcel 8 is in about the middle of the map. Background. In April, 1942, the city received a donation often acres of property. This property is located in the east 1/2 of the northwest 1/4 of Section 11 in Marshan Township. The deed specifically states that the property is to be used by the city for reforestation purposes only. The deed further states that if the property was ever not used for that purpose, it would revert to the grantor. The property has been in continuous ownership by the city since that time. As part of the Highway 316 improvement project, MNDOT has approached the city asking the city to deed to MNDOT a parcel of property .49 acres in size, The parcel MNDOT is seeking is adj acent to the existing Highway 316 right-of-way. There is already a highway easement over .28 acres of this parcel. I am assuming that MNDOT needs the city's parcel to widen Highway 316 in this area. To keep this project moving, MNDOT has already started the condemnation process to acquire parcels all along Highway 316. The city has been named in that condemnation. MNDOT is still asking the city to voluntarily convey title to this .49 acre parcel. MNDOT has offered to pay the city $1,300.00 for this parcel. Since the property was given to the city to be used only for reforestation purposes, arguably a claim could be made that conveying this small parcel of land is a violation of that restriction on the deed. * Also admitted to practice in Wisconsin