4.6. SR 03-18-2019 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent March 18, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
City Land Transfer to Sherburne County Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, a resolution conveying portions of the Cleveland Avenue right-of-way to Sherburne
County to complete a roundabout.
Background/Discussion
The city received a portion of the right-of-way at the intersection of Twin Lakes Road and Cleveland
Avenue in June of 2006 as part of the realignment of Cleveland Ave/County Highway 40.
Sherburne County has received funding to construct a roundabout at this intersection and needs the city-
owned property for construction and long-term maintenance of the project.
The property is currently used for right-of-way and will continue to be used as such. The resolution
conveying the property notes all costs related to the conveyance will be paid by Sherburne County.
Sherburne County also requests the city waive their right for an appraisal or compensation as part of the
transfer.
Financial Impact
None
Attachments
■ Location Map
■ Resolution
■ Quit Claim Deed
■ Waiver of Appraisal
■ Waiver of Compensation
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAMIRE1
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City of
Elk City of Elk River
Wver City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River Approving
Conveyance of Certain Real Property
WHEREAS, the City of Elk River is the fee owner of the real property legally described in
Exhibit A ("Property");
WHEREAS, Sherburne County ("County") is constructing a roundabout at the
intersection of CSAR 13 and County Road 40 ("County Pro)ect") and has requested the City
to convey the Property to the County for completion of the County Project;
WHEREAS, the City desires to convey the Property to the County for the County Project
by quit claim deed at no cost, pursuant to the authority provided under Minn. Stat. 465.035,
conditioned upon the County paying all costs related to the conveyance;
WHEREAS, pursuant to Minnesota Statutes 462.356, subdivision 2, the City Council finds
that the proposed conveyance of the Property to the Owner has no relationship to the City's
Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: (i) That the City Council finds that conveyance of the
Property has no relationship to the comprehensive municipal plan; (ii) The conveyance of
the Property to the County is hereby approved and the Mayor and City Clerk are authorized
to execute a quit claim deed for the Property and any and all other documents necessary to
convey the Property to the County, conditioned upon the County paying all costs related to
the transaction.
Passed and adopted this 18th day of March 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ
EXHIBIT A
Legal Description of Property:
Parcels 30 and 31, Sherburne County Highway Right-of-Way Plat No. 30, according to the
map or plat thereof on file and of record in the office of the Sherburne County Recorder,
together with all that part of the Southeast Quarter of the Northwest Quarter of section 25,
Township 33, Range 26, Sherburne County, Minnesota, which lies easterly of the Easterly
right of way line of Parcel 30, SHERBURNE COUNTY RIGHT OF WAY PLAT NO. 30,
said Sherburne County, Minnesota and which lies southeasterly of the Southeasterly right of
way of County State Aid Highway No. 13.
Being part of the SE 1/4 of the NW 1/4 of Section 25,Township 33 North, Range 26 NATUREJ
(Top 3 inches reserved for recording data)
Page 1 of 2
QUIT CLAIM DEED Business Entity to Business Entity Minnesota Uniform Conveyancing Blanks Form 10.3.5 (2013)
eCRV number:
DEED TAX DUE: $ DATE:
(month/day/year)
FOR VALUABLE CONSIDERATION,
(insert name of Grantor)
a under the laws of (“Grantor”),
hereby conveys and quitclaims to
(insert name of Grantee)
a under the laws of (“Grantee”),
real property in County, Minnesota, legally described as follows:
Check here if all or part of the described real property is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
The Seller certifies that the Seller does not know of any wells on
the described real property. A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: .) I am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.
Grantor
(name of Grantor)
By:
(signature)
Its:
(type of authority)
By:
(signature)
Its:
(type of authority)
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.5
State of Minnesota, County of
This instrument was acknowledged before me on , by
(month/day/year) (name of authorized signer)
as
(type of authority)
and by
(name of authorized signer)
as of .
(type of authority) (name of Grantor)
(Stamp)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insert legal name and residential or business address of Grantee)
SHERBURNE
C O U N T Y Public Works
13880 Business Center Dr
Elk River, MN 55330
763-765-3300
763-765-3366 Fax
OEM
��044
March 4, 2019
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
In accordance with Federal Regulation 49 CFR 24.102(c)(2) and State Statute 117.036, Sherburne
County Public Works is requesting your approval to waive your right to have an appraisal on the
property described below:
Parcels 30 and 31, Sherburne County Highway Right-of-Way Plat No.30 according to the map or plat
thereof on file and of record in the office of the Sherburne County Recorder, together with all that
part of tha Southeast quarter of the Northwest Quarter of Section 25,Township 33,Range 26,
Sherburne County,Minnesota, which Iles easterly of the Easterly right of way tine of Parcel 30,
SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO.3C,said Sherburne County, Minnesota
and which lies southeasterly of the Southeasterly right of way line of County State Aid Highway Na_
13.
Being part of the SE '/.of the NW 1/4 of Section 25,Township 33N,Range 26W.
You acknowledge that the appraisal waiver process has been explained to your satisfaction and
that you are in agreement to allow,Sherburne County Public Works to acquire the property without
an appraisal. You also acknowledge that it has been explained to you that you may obtain an
appraisal or MDA of your own and Sherburne County Public Works will reimburse you for this cost
if you decide to share this report with Sherburne County Public Works.
Signature Date
Signature Date
Please return to:
Sherburne County Public Works
13880 Business Center Dr
Suite 100
Elk River, MN 55330
Attn: Patti Kukowski
1
SHERBURNE
C 0 U N T Y Public Works
13880 Business Center Dr
WMEMN Elk River, MN 55330
763-765-3300
763-765-3366 Fax
March 4, 2019
The City of Elk River is fully aware of the County's need to acquire clear title to the property listed
below for road purposes:
Parcels 30 and 31, Sherburne County Highway Right-of-Way Plat No.30 according to the map or plat
thereof on file and of record In the office of the Sherburne County Recorder,together with all that
part of the Southeast Quarter of the Northwest Quarter of Section 25,Township 33,Range 26,
Sherburne County,Minnesota, which Iles easterly of the Easterly right of way line of Parcel 30,
SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO.30,said Sherburne County, Minnesota
and which Iles southeasterly of the southeasterly right of way line of County State Aid Hlgllway No.
13.
Being part of the SE '/4 of the NW 1/4 of Section 25,Township 33N,Range 26W.
The City of Elk River is also aware of its right to receive just compensation. The City of Elk River has
decided to donate the right of way required from its property and waives its right to receive just
compensation.
Signature Date
Signature Date
Please return to:
Sherburne CountyPublic Works
13880 Business Center Dr
Suite 100
Elk River, MN 55330
Attn: Patti Kukowski
1