RES 16-81ResoDution 16- 81
A Resolution of the City of Elk River Authorizing an Agreement to Purchase
the Release of State Highway Easements Located at the Intersection of U.S.
Highway 10 and Joplin Street NW
WHEREAS, as part of an economic development project, the city seeks to acquired vacant
properties located at the Southeast corner of US Hwy 10 & Joplin Street NW encumbered
by highway easements in favor of the State of Minnesota; and
WHEREAS, to acquire marketable title to the properties, the city needed to extinguish the
interests of the former owners and obtain the release of the highway easements; and
WHEREAS, by a condemnation action authorized by Resolution No. 16-32, as amended
by Resolution No. 16-58, the city has extinguished the interests of the former owners and
now owns the properties; and
WHEREAS, concurrent with its condemnation action, the city sought Minnesota State
Department of Transportation (MnDOT) approval to convey the highway easements to the
city; and
WHEREAS, on November 7, 2016, the city received MnDOT's condition approval of the
conveyance of the highway easements; and
WHEREAS, the terms of the MnDOT's offer to convey the highway easements are set
forth in the attached Exhibit A and include a payment of $8,060.00 and access and signage
restrictions; and
WHEREAS, the highway easement areas to be conveyed are legally described and depicted
in attachments in to Exhibit A ("MnDOT Easements"); and
WHEREAS, the city has determined that MnDOT's terms of conveyance of the highway
easements are reasonable and generally consistent with the city's proposed uses for the
properties, but that negotiations may be necessary to clarify the scope of MnDOT's signage
restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
City staff and the law firm of Kennedy & Graven, Chartered, as authorized and directed to
take all steps necessary on behalf of the city to finalize the conveyance of the MnDOT
easements, including without limitations, negotiating the final terms of such conveyance.
P O 111E 'R I I I Y
HA UR
Passed and adopted this 21" day of November, 2016.
J J ietz, r
ATTEST:
cI
Tina Allard, City Cletk
1R/EREI Rr
N TURF
November 3, 2016
2015-0112-7102 1
DESCRIPTION FOR CONVEYANCE
Parcels 1 and 2 C.S. 7102(10=3)902
All of Tracts A and B described below:
Tract A. That part of the Southwest Quarter of the Northwest Quarter of Section
32, Township 33 North, Range 26 West, Sherburne County, Minnesota,
lying southeasterly of a line run parallel with and distant 112.5 feet
southeasterly of Line 1 described below and northeasterly of the following
described line: Beginning at a point on Line 1 described below, distant 300
feet southwesterly of its point of beginning (measured along said Line 1);
thence southeasterly for 200 feet (measured at right angles from the
tangent to said line at said point) and there terminating;
Tract B. That part of the Northwest Quarter of the Southwest Quarter of Section
32, Township 33 North, Range 26 West, Sherburne County, Minnesota,
lying northerly of a line run parallel with and distant 66 feet northerly of the
southerly right-of-way line of Temporary Trunk Highway No. 10 as the
same was located and established prior to January 1, 1943 and easterly of
the following described line: Beginning at a point on Line 1 described
below, distant 355 feet southwesterly of its point of beginning (measured
along said Line 1); thence southeasterly for 300 feet (measured at right
angles from the tangent to said line at said point) and there terminating;
Line 1. Commencing at a point on the centerline of High Street, distant 353.5 feet
north of its intersection with the centerline of Line Street in the Village of
Elk River, according to the plat thereof on file and of record in the office of
the County Recorder in and for Sherburne County; Minnesota; thence
westerly at an angle of 89 degrees 54 minutes from said center line of
High Street (measured from south to west) for 545.6 feet; thence deflect to
the right at an angle of 26 degrees 01 minute for 2118.7 feet; thence
deflect to the left at an angle of 28 degrees 21 minutes for 2251.8 feet;
thence deflect to the left on a 02 degree 30 minute curve, delta angle 28
degrees 12 minutes for 1128.0 feet; thence on tangent to said curve for
1341.1 feet to the point of beginning of Line 1 to be described; thence
continue on the last described course for 118.1 feet; thence deflect to the
BLANKDESCRIPTION Page i of 2 RLD1001 11/3/2016
XII b l'- �
right on a 02 degree 30 minute curve, delta angle 30 degrees 51 minutes
for 1234.0 feet and there terminating;
containing 10,747 square feet, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 10 from the lands herein conveyed.
BLANKDESCRIPTION Page 2 of 2 RLD1001 11/3/2016
�X
QUITCLAIM DEED
STATE DEED TAX DUE HEREON: $ C.S. 7102 (10=3) 902
Parcels 1 and 2
County of Sherburne
REALMS No. 2015-0112
The State of Minnesota having heretofore acquired in fee the real estate
hereinafter described for trunk highway purposes, and the Commissioner of Transportation of
said State having determined that the same is no longer needed;
Now, therefore, upon said determination and pursuant to Minnesota Statutes
Section 161.44, Subdivision 1, the State of Minnesota, by Charles A. Zelle, its Commissioner
of Transportation, Grantor, for and in consideration of the sum of Eight Thousand Sixty and
Noll 00 Dollars ($8,060.00), paid to the State for deposit in the trunk highway fund, does
hereby release, quitclaim and convey to the City of Elk River a municipal corporation under
the laws of the State of Minnesota, Grantee, for public purposes, all its interest in and to the
real estate in Sherburne County, Minnesota, described as follows:
All of Tracts A and B described below:
Tract A. That part of the Southwest Quarter of the Northwest Quarter of Section 32,
Township 33 North, Range 26 West, Sherburne County, Minnesota, lying
southeasterly of a line run parallel with and distant 112.5 feet southeasterly of
Line 1 described below and northeasterly of the following described line:
Beginning at a point on Line 1 described below, distant 300 feet southwesterly
of its point of beginning (measured along said Line 1); thence southeasterly for
200 feet (measured at right angles from the tangent to said line at said point)
and there terminating;
Tract B. That part of the Northwest Quarter of the Southwest Quarter of Section 32,
Township 33 North, Range 26 West, Sherburne County, Minnesota, lying
northerly of a line run parallel with and distant 66 feet northerly of the southerly
right-of-way line of Temporary Trunk Highway No. 10 as the same was located
and established prior to January 1, 1943 and easterly of the following described
line: Beginning at a point on Line 1 described below, distant 355 feet
southwesterly of its point of beginning (measured along said Line 1); thence
southeasterly for 300 feet (measured at right angles from the tangent to said
line at said point) and there terminating;
Line 1. Commencing at a point on the centerline of High Street, distant 353.5 feet north
of its intersection with the centerline of Line Street in the Village of Elk River,
according to the plat thereof on file and of record in the office of the County
Recorder in and for Sherburne County, Minnesota; thence westerly at an angle
of 89 degrees 54 minutes from said center line of High Street (measured from
Page 1 of 2
south to west) for 545.6 feet; thence deflect to the right at an angle of 26
degrees 01 minute for 2118.7 feet; thence deflect to the left at an angle of 28
degrees 21 minutes for 2251.8 feet; thence deflect to the left on a 02 degree 30
minute curve, delta angle 28 degrees 12 minutes for 1128.0 feet; thence on
tangent to said curve for 1341.1 feet to the point of beginning of Line 1 to be
described; thence continue on the last described course for 118.1 feet; thence
deflect to the right on a 02 degree 30 minute curve, delta angle 30 degrees 51
minutes for 1234.0 feet and there terminating;
containing 10,747 square feet, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 10 from the lands herein conveyed.
THE ABOVE DESCRIBED REAL PROPERTY IS SUBJECT TO THE RIGHTS OF
EXISTING UTILITIES, IF ANY, AS PROVIDED IN MINNESOTA STATUTES §161.45
SUBDIVISION 3.
The Seller certifies that the Seller does not know of any wells on the described real property.
Dated this day of
STATE OF MINNESOTA
By
(Commissioner of Transportation)
(Director of the Office of Land Management)
(Assistant Director of the Office of
Land Management)
Seal of the Commissioner of Transportation
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this day of before me, a
Notary Public within and for said County, personally appeared , to
me personally known to be the person who executed the foregoing instrument and who did
say that he is the (Commissioner of Transportation) (Director of the Office of Land
Management and duly authorized agent of the Commissioner of Transportation)
(Assistant Director of the Office of Land Management and duly authorized agent of the
Commissioner of Transportation) of the State of Minnesota and acknowledged that he
executed the foregoing instrument and caused the seal of the Commissioner of
Transportation to be affixed thereto, by authority of Minnesota Statutes, Section 161.44,
and as the free act and deed of said State.
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and
Property Management Unit,
St. Paul, Minnesota 55155
R88211G.doc
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