RES 21-24GL; of
`w-- - City of Elk River
Ver City Council
Resolution 21-24
A Resolution of of the City of Elk River Approving Acquisition of The Jackson
Street Water Tower
WHEREAS, Elk River Municipal Utilities ("ERMU") no longer needs to operate the
Jackson Street Water Tower; and
WHEREAS, 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:
(i) That the Agreement between ERMU and the City, attached as Exhibit A to
this Resolution, is approved.
(ii) That the City accepts ownership of and responsibility for the water tower as
provided in the attached agreement.
(iii) 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
j n J.Dietz,' or
ATTEST:
( .1
i
Tina "Idlard, City Clerk
r
011BID 81
INATURE
Exhibit A
Agreement
P01ERE0
i�r
AfiuRd
AGREEMENT
THIS AGREEMENT ("Agreement") entered into this 5 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.
FE
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the date first written above.
ELK RIVER MUNICIPAL UTILITIES
By:
Mjietz-,
Theres minski, General Manager
CITY OF ELK RIVER
By:
hn . Dietz, o
By:
Tina Allard, City Clerk
S-1
i
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
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.
A-1
EXHIBIT B
Quitclaim Deed
M.
(Reserved for Recording Data)
QUIT CLAIM DEED
eCRV number: not required
STATE DEED TAX DUE HEREON: $1.65
Dated: tatil 1' , 2021.
FOR VALUABLE CONSIDERATION, ELK RIVER MUNICIPAL UTILITIES, a Minnesota
municipal utility C ERMU"), Grantor, hereby conveys and quitclaims to the CITY OF ELK
RIVER, a Minnesota 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 not changed since the last previously filed
well disclosure certificate.
214471A
ELK,PIVKR NNNICIPAL UTILITIES
By:
ohn i6ieii, C it
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this L6 Ff+ - day of
I , 2021, by John Dietz, the Chair of Elk River Municipal Utilities, a
Minnesota m 'd entity.
MICELLE T:SOTA
BURY
NOTARC -
MIN
N! ly C "W"Od n 11. 2o2S -
Not° iblic
Check here if part or all of the land is Registered (Torreris)
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:
CAAUBELL KNUTSON, P.A.
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
214471v1 2