4.9 SR 04-05-2021
Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent April 5, 2021 Zack Carlton, Planning Manager
Item Description Reviewed by
Jackson Street Water Tower: Agreement to Peter Beck, City Attorney
Accept Ownership and Transfer Property to
Reviewed by
City
Action Requested
Approve, by motion, an agreement accepting ownership and long-term maintenance of the Jackson Street Water
Tower and property.
Adopt, by motion, the resolution approving transfer of the Jackson Street Water Tower from Elk River Municipal
Utilities to the City of Elk River.
Background/Discussion
The repair and painting of the Jackson Street Water Tower has been a topic of discussion for many years, and
thanks to the hard work of the Heritage Preservation Commission, the city has now positioned itself to complete
the improvements. One of the final steps is formally transferring ownership and long-term maintenance
responsibilities of the structure from Elk River Municipal Utilities to the city.
The improvements are expected to begin in April and be completed mid-May.
Financial Impact
Elk River Municipal Utilities will transfer $90,000 to the city to assist with the funding for the current
improvements as well as long-term maintenance obligations.
Mission/Policy/Goal
Preserve the history of Elk River.
Attachments
Resolution
Agreement
Quit Claim Deed
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
City of Elk River
City Council
Resolution 21-____
A Resolution of of theCity of Elk RiverApproving Acquisition of The Jackson
Street Water Tower
WHEREAS,Elk River Municipal Utilities (“ERMU”) no longer needs to operate the
Jackson Street Water Tower; and
WH
EREAS,the Jackson Street Water Tower, after being nominated by the City of Elk
River (“City”), has been listed on the National Registry of Historic Places; and
WHEREAS,the City received a grant from the Minnesota Historical Society to repair and
paint the water tower to preserve and improve the historic structure for future residents of
the City; and
WHEREAS, ERMU has agreed to contribute $90,000 to the City for preservation and
maintenance of the water tower, and
WHEREAS,the City has agreed that long-term ownership of the water tower will be the
City’s responsibility, requiring ownership by the City; and
WHEREAS,pursuant to Minnesota Statutes 462.356, subdivision 2, the City Council finds
that acquisition of the water tower 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:
That the Agreement between ERMU and the City, attached as Exhibit A to
this Resolution is approved
That the City accepts ownership of and responsibility for the water tower as
provided in the attached agreement
That the City Council finds that acceptance of the water tower has no
relationship to the comprehensive municipal plan.
Passed and adopted this 5th day of April 2021
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
Agreement
AGREEMENT
THIS AGREEMENT(“Agreement”) entered into this day of April 2021, by and
between Elk River Municipal Utilities (“ERMU”) and the City of Elk River (“City”).
BACKGROUND
ERMU previously operated the water tower (“Tower”) located on the property described in
Exhibit A attached hereto (“Property”). ERMU no longer needs the Tower and intended to have it
removed from the Property. City has secured funding to preserve the Tower and desires to take
ownership of and responsibility for the Tower.
AGREEMENT
1.ERMU agrees to execute the quitclaim deed attached as Exhibit B to this Agreement
quitclaiming and transferring to City all of its interest in the Property and the Tower.
2.City agrees to accept, as of the date of this Agreement, ownership of and responsibility
for the Property and the Tower. City represents and acknowledges that it is aware of the condition
of the Tower, accepts ownership of the Tower in its existing “as is” condition, and agrees to indemnify
and hold ERMU harmless from any and all claims related to the Property and the Tower, including
any claims related to the condition of the Tower.
3.In consideration of City’s agreement to take ownership of and responsibility for the
Tower, thus saving ERMU the costs of demolishing and removing the Tower, ERMU will contribute,
upon execution of this Agreement, $90,000 to be applied towards the City’s preservation of the Tower.
IN WITNESS WHEREOF,the parties have executed and delivered this Agreement as of
the date first written above.
ELK RIVER MUNICIPAL UTILITIES
By:
John J. Dietz, Chair
By:
Theresa Slominski, General Manager
CITY OF ELK RIVER
By:
John J. Dietz, Mayor
By:
Tina Allard, City Clerk
S-1
EXHIBIT A
Legal Description of Property
Beginning at a point Sixty six (66) feet South of the Northwest corner of Lot five (5), Auditor's
Subdivision Number Four (4), Village of Elk River, and running thence due East at Right angles
OneHundred (100) feet, thence due South and parallel with the West line of said Lot One Hundred
(100) feet, thence due west and parallel with the North line a distance of One Hundred (100) feet
to the West line thereof, thence North One Hundred (100) feet along the West line to the place of
beginning, Sherburne County, Minnesota.
A-1
EXHIBIT B
Quitclaim Deed
B-1
(Reserved for Recording Data)
QUIT CLAIM DEED
eCRV number: not required
STATE DEED TAX DUE HEREON: $1.65
Dated: ___________________, 2021.
F OR V ALUABLE C ONSIDERATION,ELK RIVER MUNICIPAL UTILITIES,a Minnesota
municipal utility (“ERMU”), Grantor, hereby conveys and quitclaims to the CITY OF ELK
RIVER,aMinnesota municipal corporation,Grantee, real property in Sherburne County,
Minnesota, as legally described on the attached Exhibit A and made a part hereof by reference:
together with all hereditaments and appurtenances belonging thereto.
The consideration for this transfer was less than $3,000.00.
Check box if applicable:
The Grantor certifies that the Grantor does not know of any wells on the described real
property.
A well disclosure certificate accompanies this document.
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 has notchanged since the last previously filed
well disclosure certificate.
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ELK RIVER MUNICIPAL UTILITIES
By:
John Dietz, Chair
STATE OF MINNESOTA)
)ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this __________ day of
_____________________, 2021, by John Dietz,the Chairof Elk River Municipal Utilities, a
Minnesota municipal utility,on behalf of said entity.
__________________________________________
Notary Public
Check here if part or all of the land is Registered (Torrens)
Tax Statements for the real property
described in this instrument should be sent to:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
214471v1
2
EXHIBIT “A”
Legal Description
Beginning at a point Sixty six (66) feet South of the Northwest corner of Lot five (5), Auditor's
Subdivision Number Four (4), Village of Elk River, and running thence due East at Right angles
One Hundred (100) feet, thence due South and parallel with the West line of said Lot One Hundred
(100) feet, thence due west and parallel with the North line a distance of One Hundred (100) feet to
the West line thereof, thence North One Hundred (100) feet along the West line to the place of
beginning, Sherburne County, Minnesota.
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214471v1