4.11. SR 01-17-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.11
Agenda Section Meeting Date Prepared by
ConsentJanuary 17, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Assent to Title Registration for 425 Jackson Avenue Cal Portner, City Administrator
NW Reviewed by
Action Requested
Approve,by motion, the assent to title registration submitted by Sherburne County.
Background/Discussion
Sherburne County has been working to resolve boundary line issues that were identified with their
highway department building at 425 Jackson Avenue. The City of Elk River owns the property to the
south and has been working with the county to resolve mutual property line issues. The legal description
and survey referenced in the assent document have been checked, and staff does not have any concerns
with the document.
As part of this process, the county identified a Conditional Use Permit (CUP) issued to the city for the
ambulance bay on the fire station. The legal description in the CUP does not accurately reflect the city's
property lines, and needs to be corrected. Staff will work with a surveyor to prepare the correct legal
description and file a corrected CUP with the county.
Financial Impact
Hiring a surveyor to prepare the necessary legal descriptions is estimated to cost$200.
Attachments
■ Assent to Title Registration
POWERED 6T
Template Updoted 4/14 INAWRE1
[16602-0449/2497926/1]
STATE OF MINNESOTA
COUNTY OF SHERBURNE
DISTRICT COURT
TENTH JUDICIAL DISTRICT
In the Matter of the Application of:
County of Sherburne,
To Register the Title to Certain Land.
Court File No. 71-CV-16-1217
ASSENT TO TITLE REGISTRATION
UNDER MINN. STAT. § 508.06
Boundary
The undersigned is owner of real property adjacent to the property being registered in this
proceeding. I have reviewed the attached legal description (Exhibit A), and the attached survey
prepared by the Sherburne County Surveyor. (Exhibit B). The boundaries as shown on the
survey and in the legal description along our property are correct.
The undersigned assents to this Registration. We waive service of the Summons and our
right to appear in Court to contest this registration. The Court may issue an Order determining
that the boundaries and legal description along our property are as shown on the attached.
Dated: __________________, 2017
CITY OF ELK RIVER
By ____________________________
Its Mayor
STATE OF MINNESOTA )
) SS
COUNTY OF SHERBURNE )
On this ____ day of January, 2017, before me, a Notary Public for this County,
personally appeared _________________________, who, being by me duly sworn, did say that
he/she is the Mayor of the City of Elk River, a Minnesota municipal corporation, and that this
instrument was signed on behalf of said corporation by authority of its City Council and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
[16602-0449/2497926/1]
By ____________________________
Its City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF SHERBURNE )
On this ____ day of January, 2017, before me, a Notary Public for this County,
personally appeared _________________________, who, being by me duly sworn, did say that
he/she is the Clerk of the City of Elk River, a Minnesota municipal corporation, and that this
instrument was signed on behalf of said corporation by authority of its City Council and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
EXHIBIT A
That part of the Southwest Quarter of the Northwest Quarter, the Southeast Quarter of the Northwest Quarter, and
Government Lot Nos. 1 and 2, Section 34, T. 33, R. 26, Sherburne County Minnesota described as follows:
Commencing at the West Quarter Corner said Section 34 (a.k.a. East Quarter Corner Sec. 33) a Sherburne County
Monument per Doc. 111622; thence N89°17'47"E Sherburne County Coordinate System, NAD 83 (1986
Adjustment) along the east-west Quarter Section line of said Section 34, distant 1062.22 feet to an intersection with
the easterly line of ERMC ADDITION, per Doc. No. 830759, the Point of Beginning:
thence N00°18'12"W along said plat line distant 84.66 feet to an angle point thereon; thence N89°17'47"E along said
plat line and its easterly extension distant 270.17 feet to an intersection with a line drawn 33.00 feet west of said
center line Jackson Avenue; thence S0°18'12"E along a line parallel with said centerline distant 84.66 feet to said
east-west Quarter Section line; thence continue S0°18'12"E distant 124.19 feet; thence S89°17'47"W parallel with
said east-west Quarter Section line distant 182.00 feet; thence N00°18'12"W parallel with said centerline distant
60.00 feet; thence S89°17'47"W parallel with said east-west Quarter Section line distant 88.17 feet to an intersection
with said plat line; thence N00°18'12"W parallel with said plat line distant 64.18 feet to the Point of Beginning.
Subject to a perpetual road easement as shown on Minnesota Highway Department Map. No. 3-61-002 (ca 19300.
Subject to a perpetual ingress and egress easement over the south 33.00 feet of the east 215.00 feet of the above
described parcel, as described in Doc. No. 661035.
EXHIBIT ___
That part of the Southwest Quarter of the Northwest Quarter, the Southeast Quarter of the Northwest Quarter, and
Government Lot Nos. 1 and 2, Section 34, T. 33, R. 26, Sherburne County Minnesota described as follows:
Commencing at the West Quarter Corner said Section 34 (a.k.a. East Quarter Corner Sec. 33) a Sherburne County
Monument per Doc. 111622; thence N89°17'47"E Sherburne County Coordinate System, NAD 83 (1986
Adjustment) along the east-west Quarter Section line of said Section 34 (and where the East Quarter Corner thereof
is assumed be as shown in Sherburne County Monument Document No. 130913), distant 1062.22 feet to the Point of
Beginning:
thence N00°18'12"W distant 84.66 feet; thence N89°17'47"E distant 270.17 feet; thence S0°18'12"E distant 208.84
feet; thence S89°17'47"W distant 182.00 feet; thence N00°18'12"W distant 60.00 feet; thence S89°17'47"W distant
88.17 feet; thence N00°18'12"W distant 64.18 feet more or less to the Point of Beginning.
Subject to a perpetual road easement as shown on Minnesota Highway Department Map. No. 3-61-002 (ca 19300.
Subject to a perpetual ingress and egress easement over the south 33.00 feet of the east 215.00 feet of the above
described parcel, as described in Doc. No. 661035.
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