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Posted: January 24, 2025
Rapid City
Agenda Item Summary

Agenda Item Ref. #: LF012925-04

Agenda Item Title:

Approve Resolution No. 2025-011, a Resolution Declaring a Portion of a City Property (Lot 17 of Camp Dakota Subdivision, RC, PC, SD) to be Surplus Property and Authorize the Mayor and Staff to Execute the Necessary Documents for the Appraisal, Sale, Lot Line Adjustment, and Transfer of that Portion of City Property

Origination Group:
Legal & Finance Committee
Origination Meeting Date:
01/29/2025
City Council Hearing Date:
02/03/2025
Petitioner:
Marty and Deborah Larson
Staff Contact:
Vicki Fisher (CD), Jeff Biegler (P&R), and Kinsley Groote (CAO)
Location:
Council Chambers
Agenda Item Summary:
The owners of 5701 Magic Canyon Road, which abuts City property legally described as Lot 17 of Camp Dakota Subdivision, Rapid City, Pennington County, South Dakota, and their consultant informed the City that their house and driveway at 5701 Magic Canyon Road are encroaching onto the above-described City property as shown on the attached “Current Layout” document. The City’s research indicates that the house was built in 1960, when the property was located outside City limits. The encroachment appears to have been happening for decades. The owners, Marty and Deborah Larson, have asked the City to do a lot line adjustment and sell a small portion of the City lot to them so that they can fix the encroachment issue.

The County had previously owned Lot 17 and quit claim deeded it to the City in 2016 along with many other properties. The City lot is not officially considered park land; however, the Parks and Recreation Department has been watching over and/or maintaining the property on behalf of the City. The following departments worked together to determine whether the lot line adjustment and conveyance requested would be in the interests of the City: Community Development, Public Works, Parks and Recreation, the Mayor’s Office, and the City Attorney’s Office.

The recommendation is for Council to take the following steps:
  1. Declare the property to be surplus property.
  2. Authorize staff to give notice of the sale of such property and the appraised value pursuant to SDCL 6-13-4.
  3. Authorize staff to enter into a contract with the owners of 5701 Magic Canyon Road (Marty and Deborah Larson) and “a person or persons licensed by the state to do fee appraisals” to hire the appraiser to conduct an appraisal of the property. This is pursuant to SDCL 6-13-2. The City’s portion of the contract will be only $1.
  4. Authorize staff to enter into a contract with a real estate broker to list the property with that broker. The City will only pay $1. The Larsons will pay the rest of the costs.
  5. Authorize the Mayor and staff to execute a purchase agreement with the Larsons for the property based upon the assessed value.
  6. Authorize the Mayor and staff to execute the necessary documentation to allow for the lot line adjustment as shown on the “Proposed Plat.”
  7. Authorize the Mayor and staff to execute the necessary documentation to allow for the transfer of the property to the Larsons pursuant to a quit claim deed.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve
Published in 2025 - LF Agenda Items
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