RES 14-80City of
Elk
Fiver
Councilmeinber Westgaard introduced the following resolution and moved its
adoption:
Resolution 14- so
A Resolution of the City of Elk River Approving
Acceptance of a Donation of Real Property
WHEREAS, The Trust for Public Land, a nonprofit California public benefit corporation
authorized to do business in Minnesota as The Trust for Public Land, Inc. is acquiring fee
ownership ( "TPL ") of real property located within the City of Elk River ( "City's described on
the attached Exhibit "A" (the "Property'); and
WHEREAS, TPL desires to donate the Property pursuant to the terms of the Donation
Agreement dated October 6, 2014 ( "Agreement ") between the City and TPL, which Agreement
was approved by the Elk River City Council on October 6, 2014; and
WHEREAS, the City and TPL have agreed that the Property will be conveyed by TPL to the
City by a Limited Warranty Deed in satisfaction of Paragraph 6 of the Agreement; and
WHEREAS, Minn. Stat. § 465.03 requires that the donation of real or personal property be
accepted by a resolution of the City Council adopted by a two - thirds majority of its members.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COTY COUNCOO_
OF THE CITY OF ELK RIVER, MINNESOTA:
The City Council accepts the donation of the Property pursuant to the terms of
the Agreement.
2. The Mayor and City Clerk are authorized and directed to execute all documents,
and take all appropriate measures to acquire the Property under the terms of
the Agreement
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
Wilson , and upon vote being taken thereon, the following voted in favor thereof:
Mayor Dietz, Councilmembers Wilson, Burandt, West,gaard, and Moton
and the following against: None , whereupon said
resolution was declared duly passed and adopted.
The following members were present: Mayor Dietz, Counci lmembers Wilson,
_Burandt, Westgaard, and Motin
and the following absent: lone
P0tj(RII I
NA
Passed and adopted this 15`x' day of December 2014.
n J. ietz, ayor
ATTEST:
Tina Allard, City Clerk
par €HEB I
EXHIBIT "A"
The following real property located in the County of Sherburne, State of Minnesota,
legally described as follows:
Government Lots 3, 4 and 6, Section 4, Township 32, Range 26, Sherburne County,
Minnesota; together with Island D and Island E, as shown on a Certificate of Survey,
prepared by Rick M. Blom, PLS, John Oliver & Associates, Inc., dated 8/5105 and last
revised 1115/07.
AND
That part of Government Lot 2, Section 4, Township 32, Range 26, Sherburne County,
Minnesota, lying westerly and southerly of the thread of the Elk River;
F.1110
Government Lot 5, Section 4, Township 32, Range 26, Sherburne County, Minnesota,
EXCEPT that part thereof lying within the following described property: Beginning at
the Northwest comer of said Government Lot 5; thence North, assumed bearing, along
the West line of Government Lot 1, Section 33, Township 33, Range 26, Sherburne
County, Minnesota, a distance of 130.50 feet; thence East at right angles a distance of
556.50 thence South 47 degrees 29 minutes East a distance of 247.53 feet; thence South
33 degrees 24 minutes 34 seconds West a distance of 491 feet, more or less, to intersect
the southwesterly line of said Government Lot 5; thence Northwesterly along said
Southwesterly line of Government Lot 5 to intersect the West line of said Government
Lot 5; thence North along said West line of Government Lot 5 a distance of 113 feet,
more or less, to the point of beginning.
Lots 1, 2, 3 and 4, Block 6, of the recorded plat of Orono, Sherburne County, Minnesota.
Lot 5 and the easterly half of Lot 4, Block 7, as measured along the northerly and
southerly lines of said Lot 4, of the recorded plat of Orono, Sherburne County,
Minnesota.
That part of the West Half of the Southeast Quarter of Section 33, Township 33, Range
26, Sherburne County, Minnesota lying southerly of the thread of the Elk River.
AND
That part of the East Half of the Southwest Quarter of Section 33, Township 33, Range
26, Sherburne County, Minnesota, described as follows: Beginning at the Southwest
comer of said East Half of the Southwest Quarter; thence north along the West line of
said East Half of the Southwest Quarter to intersect the southerly line of Second Street,
according to the recorded plat of Orono; thence easterly along the southerly line of
P 0 1 f R F I A l
NATURE
Second Street to the easterly line of Pine Street (now known as Watson Avenue); thence
northerly along the easterly line of said Pine Street to a point 80 feet southerly of the
southwesterly corner of Lot 1, Block 7, said plat of Orono, as measured along the easterly
line of Pine Street; thence easterly on a line parallel with the southerly line of said Block
7, a distance of 99 feet; thence northerly parallel with the westerly line of said Lot 1 to
the southerly line of said Block 7; thence easterly along the southerly line of said Block 7
to the southwesterly corner of Lot 3, said Block 7, thence southerly at right angles 66
feet; thence easterly parallel with the southerly line of said Block 7 a distance of 98.91
feet to the southerly extension of the easterly line of the westerly half of Lot 4, said Block
7, as measured along the northerly and southerly lines of said Lot 4; thence northerly
along said southerly extension to the southerly line of said Lot 4; thence easterly along
the southerly line of said Block 7 to the southerly corner said Block 7, thence easterly to
the southwesterly corner of Block 6, said plat of Orono; thence easterly along the
southerly line of said Block 6 and its easterly extension to the thread of the Elk River;
thence easterly along the thread of the Elk River to the East line of said East Half of the
Southwest Quarter; thence south along said East line of the East Half of the Southwest
Quarter to the Southeast corner of said East Half of the Southwest Quarter; thence west
along the South line of said East Half of the Southeast Quarter to the point of beginning.
Mr
That part of Government Lot 1, Section 33, Township 33, Range 26, Sherburne County,
Minnesota, described as follows: Beginning at the Southwest corner of said Government
Lot 1, thence north along the West line of said Government Lot 1, a distance of 130.50
feet; thence east deflecting 90 degrees to the right, a distance of 556.50; thence northerly
deflecting 90 degrees 32 minutes 03 seconds on a line run to the northeasterly corner of
Block 13 of the plat of Orono, a distance of 253.01 feet to its point of intersection with
the center line of Third Street (now vacated) in said plat of Orono; thence easterly along
the center line of said Third Street to the southerly extension of the easterly line of Block
14 in said plat of Orono; thence northerly to the southeasterly corner of said Block 14;
thence easterly along the extension of the southerly line of said Block 14 to the easterly
line of Walnut Street in said plat of Orono (now known as Xenia Street); thence northerly
along the easterly line of said Walnut Street to the southerly line of Second Street in said
plat of Orono; thence easterly along the southerly line of Second Street to the East line of
said Government Lot 1; thence south along the East line of said Government Lot 1 to the
Southeast corner of said Government Lot 1; thence west along the South line of said
Government Lot 1 to the point of beginning. EXCEPT that part of said Government Lot
1 described as follows: Beginning at the Southwest corner of said Government Lot 1;
thence North, assumed bearing, along the West line of said Government Lot 1 a distance
of 130.50 feet; thence East at right angles 556.50 feet; thence South 47 degrees 29
minutes East to the South line of said Government Lot 1; thence west along the South
line of said Government Lot 1 to the point of beginning.
/:Uc
POVIR10 8Y
NATURE
That part of Island F, as shown on a Certificate of Survey prepared by Rick M. Blom,
PLS, John Oliver & Associates, Inc., dated 8/5/05, and last revised 1/15/07, also known
as Race Island, as shown on the plat of Orono, lying northerly of the easterly extension of
the southerly line of Block 6 of the recorded plat of Orono.
That part of Government Lot 2, Section 33, Township 33, Range 26, Sherburne County,
Minnesota, lying westerly of the thread of the Elk River; also known as that part of Lot 2,
Auditors Subdivision No. 3, Sherburne County, Minnesota, lying westerly of the thread
of the Elk River.
Government Lot 1, Section 5, Township 32, Range 26, Sherburne County, Minnesota.
F.-
That part of Government Lots 2 and 3, Section 5, Township 32, Range 26, Sherburne
County, Minnesota, lying easterly of the recorded plat of Mississippi Oaks Second
Addition and lying easterly of the recorded plat of Mississippi Oaks Third Addition,
►r 2r
Islands A, B and C, as shown on a Certificate of Survey prepared by Rick M. Blom, PLS,
John Oliver & Associates, Inc., dated 8/5105 and last revised 1 /15 /07.
That part of Government Lot 1, Section 32, Township 33, Range 26, Sherburne County,
Minnesota lying easterly and southerly of the thread of the Mississippi River backwater,
said thread being the common line with Mississippi Oaks Third Addition, and lying
westerly of the southerly extension of the West line of the recorded plat of Orono Hills
Addition.
012N "I
That part of Government Lot 1 and Government Lot 2, Section 32, Township 33, Range
26, Sherburne County, Minnesota, lying southerly of the recorded plat of Orono Hills
Addition, lying easterly of the southerly extension of the West line of said Orono Hills
Addition and lying southerly of the southwesterly extension of the southeasterly line of
Lot 5, Block 2, said Orono Hills Addition.
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