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10-46Council File # �� Green Sheet # 3093096 RESOLUTION OF SAINT PAU1.. MfNNESOTA Presented by f� 1 WHEREAS, the Board of Ramsey County Commissioners has refened a repurchase application for 2 property located at 1213 Bradley Street to the Saint Paul Council for review and recommendation; and 3 4 WHEREAS, the Legislative Hearing Officer has reviewed police records for illegal activity, property code, 5 and health violations within the past four years and did not find any substantial violations at the property. 6 7 NOW, THEREFORE, BE IT RESOLVED, the Saint Paul City Council makes no recommendation to the 8 Boazd of Ramsey County Commisioners on the repurchase application fox the property at 1213 Bradley 9 Street; and 10 11 BE IT FURTHER RE50LVED, that the City C1erk is requested to forward a certified copy of this Council 12 resolution to the Ramsey County Tax Farfeited Land Office, 90 Plato Boulevard West, for final 13 processing;and 14 15 BE IT FINALLY RESOLVED, the Saint Paul City Council requests the entire packet of materials 16 reviewed by the Council be included in the Ramsey County Board of Commissioners' meeting materiais 17 on this subject. 18 Requested by DeparCment of: By: Form Approved by Ciry Attomey By: Adopted by Couacil: Date �j/3 ��Qj(� Form Apprwed by Mayor for Submission to Council Adoption Certified by Council S retary BY / � 1r/�9i �/I �/�i.-�d/'I Approved �yo� ate � Z( 7� � B ¢ � Approved by the Office of Financial Services [�3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , DepartmenUOfficelCouncil: ; Date Initieted: � I�'� ; co_�°°°°�� ; z3oE�zao9 Green Sheet NO: 309 j ConWa Person 8 Phone: � Marcia Moermond Must Be on Councii Agenda by (Date): � Doc. Type: RESOLUTION �� Assign 1 Number i For ; Routing Order E-Document Requiretl: Y Document Contad: ContactPhone: Total # of Signature Pages _(Clip All Locations for Signature) a coao� '; I _Gnunca �� DepartmentDirectar ' 2 Ctitv Clerk ! L�ty G7erk 3 ' � 4 i I i 5 I II Resolution making no iecommendation to the Board of Ramsey County Commissioners on an application to repurchase 1213 Sradley Sheet. . Recommendations: Approve (A) or Reject (R): Pianning Commission CIB Committee Civil Service Commission Personal Servtce Contmcts Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this departme�t? Yes No 2. Has this personlfirm ever 6een a city employee� Yes No 3. Does this personnrm possess a skill not normaiVy possessed by any current city employee? Yes No Explain aIl yes answers on separste sheet and attach to green sheet IrtitiaGng Prablem, lssues, Opportunity (Who, What, When, Wfiere, Why): Advantages IfApproved: Disadvantages If Approved: D7sadvantages If Not Appraved: Totai Amount of Transaction: Funding Source: Financiai Information: (Explain) CostlRevenue Butlgeted: Activity Number. December 23, 2009 9:48 AM Page 1 December 22, 2009 Legislative Hearing Minutes �a r��/7 Page 8 7. Application of Cruz David Jara to repurchase t� forfeited property at 1213 Bradlev Street. Mr. Magner stated that in reviewing the repurchase application, it appeared that there were probate issues with the estate. In reviewing the records in STAMI', there did not appear to be any violations at the property since 20�5 and there was no police activity at the property as well. He said that DSI would ttot object to the repurchase of the property. Ms. Moermond stated that based on a review of the records, she would make no recommendation to tbe Council on the repurchase application. Ramsey County �o-�t� Property Records and Revenue Taxpayer Services — Tax Forfeited Lands � PO Box 64097 � Saint Paui, MN 55164-0097 December 1, 2009 City of Saint Paul, City Council Research Attn: Marcia Moermond 15 Kellogg Blvd W Suite 310 Saint Paul, MN 55102 Re: Repurchase appiitation relating to a tax-forfeited property at 1213 Bradley Dear Marcia Moermond: Enclosed please fi�d a repurchase appiication received from David Cruz lara for the property located at 1213 Bradley St. The property forfeited to the State of Minnesota on August 1, 2009 and is a single-family dwelling. The prior owners of the property, Sebastian and Balvina Jara, are deceased. Their son, Paul Jara, occupied the property until his recent death in September 2009. Paul's brother, Cruz, is the repurchase appiicant. See Exhibit A for an explanation regarding the circumstances ihat led to the forfeiture. County Board policy, No. 99-507, adopted on December 21, 1999, allows for "each repurchase application to be referred to the municipality in which the property is located. The municipality will document whetherthe property is considered a municipal probiem based on documented police, building code, illegal activity, or health violations within the past f+ve years. The municipality, by resolution, shall recommend that the County Board approve or deny the repurchase application and return the repurchase application to Ramsey County along with the resolution and documentation of any violations." The foilowing documents are enclosed to assist you: • Code violation report • Police history summary • Copy of Appiication to Repurchase after Forfeiture o Exhibit A • Map of the parcel Please send all documents to the Tax Forfeited Land office for final processing. If you have any questions regarding the enclosed documents or require further information, ptease do not hesitate to contact me at (651) 266-2081. Since ely, � '� � "`� ��__.._._� Kri ine A. Kujala, Supervisor Tax Forfeited Lands � Applic,acion to Repurchase after Foi,eiture ��'�� Pin: 20-29-22-34-0089 Legal Description: See attached sheet Address: 1213 Bradlev St, Saint Paul MN 55130-3505 Forfeiture Date: Au�ust 1, 2009 I fiereby make appiication to repurchase the above described parcel of land, located in Ramsey County, from the State of Minnesota, and understa�d that pursuant to Minnesota Statutes, section 282.241: • The owner at the time of forfeiture, or the owner's heirs, devisees, or representatives, or any person to whom the right to pay taxes was given by statute, mortgage, or other agreement, may file an application to repurchase any parcel of land claimed by the state to be forfeited to the state for unpaid property taxes, unless sold or conveyed to a third party. • The property may be repurchased for the sum of aii: o Cancelled taxes, inciuding alf delinquent real property taxes, pius penalties, accrued interest and costs attributable to the tazes. o AN property taxes plus penalties, interest and costs on those taxes for the taxes payabie year foliowing the year of the forfeiture and al4 subsequent years through the year of repurchase. o All delinquent special assessments cancelled at the time of forfeiture, plus penalties, accrued interest and costs attributable to those assessments, o Specia! assessments not levied 6etween the date of forfeiture and the date of repurchase. o Any additional costs and interest relating to taxes ar assessments accrued between the date of forfeiture and the date of repurchase. o Extra costs related to repurchase and recording of deed. • A$250.00 administrative service (repurchase) fee, in certified funds, is due at the time the application is submitted. All maintenance costs accrued on the property while under Che management of Ramsey County, Tax Forfeited Land, from the date of forfeiture until the adoption of a resolution by the Ramsey County Board of Commissioners, are to be paid by the prior ow�er. The reason or circumstances that led to the forfeiture of the property is (describe hardship): Please see attached statement. Retum appfication to: Department of Property Records and Revenue, Attn: Tax Forfeited Lands Section, PO Box 64097, St. Paui, MN 55164-0097 Applic,ation to Repurchase after For �eiture / 0—�� Applicant Name: Cruz David Jara ApplicanYs relationship to the property: Heir of prior owners or interest holders. Mailing Address 1387 Summit Gircle City, State, Zip_ ___ West St. Pa�, MN SA18 i October 12, 2009 The foregaing instrum=nt was a�knawledged before me this ��_ day of October 2009 ,by Cruz David Jara NOTARY SfAMP/ SEAI Given under my hand and o�ciai seai of this !� davof October ,� 20Q9 Return application to: Department of Property Records and Revenue, AtYn: Tax Forfeited lands Section, PQ Box 64097, St. Paui, MN 55164-0097 Exhibit A ��'�� The property at 1213 Bradley Street, Saint Paui, Minnesota, was owned and occupied by Sebastian and Balvina Jara and their children for 43 years prior to the torteiture on August 1, 2009. On the date of forfeiture, the home was occupied by Paul Jara, who died on September 15, 2009. The home was forfeited on August 1, 2009, for nonpayment of approximately $7,653.68 in back taxes. There was no mortgage on the property and Ramsey County determined an estimated market value on the property for 2009 of $145,300 [see Exhibit 1]. Paul Jara maintained a homestead cfassification on the property as a relative, as title to the property was still in the name of his deceased parents. Ramsey County worked with Paul Jara to resolve the back-tax issue and two Confession of Judgment agreements were consented to by Paul Jara, but the taxes were never paid in full pursuant to the agreements and the home was forfeited. Pauf Jara is survived by no spouse, parent, child or issue of a deceased child. His sole heirs are two siblings, Cruz Jara and Daniel Jara. Neither surviving brother was fully aware of the forfeiture situation and they believe Paul Jara was physicaNy and mentalfy incapabte of understanding the seriousness of the pending forfeiture ar of taking steps to relieve the situation due to his long-term duai illnesses of acute alcoho{ism and diabetes mellitus. He died on September 15, 2009, 45 days after the forfeiture, of cardiac arrest, secondary to aicohol abuse and diabetes mellitus jsee Exhibit 2]. Beginning with the death of Sebastian Jara on April 21, 1998, there was a probate and title issue regarding the home. When Sebastian and Balvina Jara purchased the home on October 17, i966, title was transferred to them as tenants in common, not as joint tenants [see Exhibit 3], and the knowledge, understanding and consequences of this were not realized until after Sebastian Jara's death when it was explained to the family that because he died without a will, title to Sebastian Jara's 50°lo interest in the home descended to his four children subject to a life estate in Balvina Jara (see Minn. Stat. 524.2 402(a)(2)) [Exhibit 4]. An attorney was hired to probate Sebastian Jara's estate and a probate proceeding was begun in Ramsey County in 1999 (see Probate Court File No. P9-99- 5271). As part of the probate process, deeds were prepared to transfer the four children's interest in the home to their mother, and the mother was then to transfer her interest io Paul Jara. instructions were given to Paul Jara to file the deeds but he later reported he wasn't permitted to do so because there were then back taxes due on the home. While this process was proceeding, Rachel Jara, one of the four children, died on April 13, 1999 [Exhibit 5]. Again, an attorney was contacted to initiate a probate to transter Rachef Jara's 12-1/2°lo interest in the home to her mother, as Rachel died without a will and her mother, Balvina Jara, was her sofe heir. Paperwark was prepared to initiate the probate but a probate proceeding was never commenced because Paui Jara, who was handling the estate, did not pay the attorney or the filing fee for the probate. The attorney hired to handle Sebastian Jara's estate withdrew in November, 200Q, because Paul Jara did not close the estate and the probate has never been completed. /�-�io Balvina Jara died on March 3, 2002 [see Exhibit 6]. No probate of her estate was ever begun although she did sign a deed prior to her death, presentiy unrecorded, transferring ai! of her interest in the property to Paul Jara. During the period 1999 to 2009, Cruz Jara, Paul Jara's brother, was asked to lend Paul Jara money to bring the taxes up-to-date. Various checks were written for this purpose and paid to the county but Paul Jara never continued the payments even though additionaf amounts were given to him by Cruz Jara to maintain the payment agreement [see Exhibit 7]. The petitioners believe the status of title to the property immediately prior to its forfeiture for taxes was: Balvina Jara 50%, plus 12-1/2% from Rachel's estate, but subject to divestiture pursuant to a Quit Ciaim Deed to Paul Jara. 2. Rachel Jara Estate 3. Pauf Jara 4. Gruz Jara 5. Danief Jara 12-1/2%, if Sebastian Jara's estate is compieted. 12-1J2°lo, if Sebastian Jara's estate is compieted. 12-1/2%, if Sebastian Jara's estate is completed. 12-112%, if Sebastian Jara's estate is completed. At this time, aA prior persons with an interest in the property are deceased except Cruz Jara and Daniei Jara. Absent the forfeiture, Cruz Jara and Daniel Jara would each possess a 50% interest in the property if the four probates of their parents and siblings were timely commenced before forteiture. The petitioner and Daniel Jara are the only heirs-at-law of Sebastian , Balvina, Rachel and Paul Jara. Cruz Jara believed he had given his brother, Paul Jara, sufficient funds to pay the back taxes but believes that Paul Jara's long-term illnesses of alcoholism and diabetes mellitus prevented him from acting appropriately and in his own best interest, and that it would be inequitable to allow this home which had been in the Jara family for 43 years and is unencumbered by a mortgage, to forfeit forever to the county due to the medical and emotional inability ofi Paul Jara to act in his own best interest. If the petitioner is aflowed to repurchase the home he is committed to improving it, and Daniel Jara is committed to living in the home as he now is and has been living in an apartment in Hastings, Minnesota, while being employed in Saint Paul, Cruz Jara would like to see his only surviving family member return to the family home and live there as he knows his parents and now deceased siblings wouid have wanted and intended this. 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STAMP - Activities STAMP - Activities New Search Help using this reoort Run pate: 12/18/09 03:03 PM Sort by Most Recent Date House#: 1213 Folder Type: Ail Folder Types - Street bradley Name: Click on address link to access Chck on ID# link below to view detail GISmo, MapIT, and Ramsey County Info Address Date 1213 Bradley St 12/14/09 01/20/09 OS/Z2/07 07/27/07 �8124J05 08/03/OS OS/24/OS 02/09/OS 06/03/�2 ID # Status Type 09 475316 Open RE - Real Estate Assessments 09 011603 In CS - C50 Complaint - Snow Compliance Walk - Complaint 07 135329 Resolved CS - C50 Complaint - Exterior - Complaint 07 123267 Resolved CS - CSO Complaint - Exterior - Complaint �5 149701 Closed CS - CSO Complaint - Tall Grass - Complaint OS �41118 Closed CS - CSO Complaint - Exterior - Complaint OS 106657 Closed CS - CSO Complaint - Tall Grass - Complaint OS 062477 Closed CS - CSO Complaint - Exterior - Complaint �2 SZ8608 Closed CS - CSO Complaint - Exterior - Complaint Page 1 0£ 1 /0'�� is HefD Folder Count: 10 Starting Date: Ending Date: Description Owner: State Of MN Trust Exempt/Ramsey Co Tax Forf Land Snow Walk-322 Trailor parked on the front lawn, tal! grass Yhru-out yard Mattresses on front lawn, trash andjunk on front porch Tall grass and weeds Boat with expired plates, truck parked for 5 years Tall grass and weeds Garba9e/Rubbish, Vehicles. Junk cars with expired plates 10/14J98 98 034267 Closed E- Electrical Permit - Contractor; Vogt Electric - Closed without Electrical - Residential without final approval Approval Repair/Alter http://sparc.ci. stpaul.mn.us(STAMPProperty/Activity_ReRoute.}sp?txtPinNo=&�tHouse... 12/18l2009 /a-�(� Sairtt Paui Police Department Address/Intersection Report Adtlress Search: 12'13 BRADLEY ST (Sector 3, Grfd 33) Total Records: 2 ComplaiM # Occur Date & Time Hause No Incitlent 7ype Dispo Apt# 0500.5274 03/�0/2005 11:38:49 1213 TRAFf IC VIOLATION-0THER PARKING Gpq VIOLA7"IONS 02351567 0 1213 ABANPONED GAR TOW W, ETC_ GOA information requested by. (424700) 1 Printed at:9/25/20091:35:36 PM Z000/ZOOOf(] ',Ld�Q ��I'IOd L[1Vd ,LS S55S 995 TS9 XH3 8Z�6T 600Z/6Z/60