4.4. SR 06-07-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.4
Agenda Section
Meeting Date
Prepared by
Consent
June 7, 2021
Justin Femrite P.E., Public Works Director
Item Description
Reviewed by
Property Acquisition Acceptance from
Cal Portner, City Administrator
MnDOT
Reviewed by
Action Requested
Accept, by motion, the offer of $28,300 from the Minnesota Department of Transportation for temporary
easement on a city -owned parcel to accommodate the Highway 169 Redefine project and grant the temporary
permit to construct.
Background/Discussion
The State of Minnesota, acting through its Department of Transportation (MnDOT), is proposing purchasing
temporary easement rights to a portion of city property to facilitate improvements for the Highway 169 Redefine
project.
The parcel is located near the intersection of Highway 169 and 193T`` Avenue NW (Northbound Liquor Store).
A certified appraisal in the amount of $28,300 was received for loss of use of the property.
The easement area will not impact any of our onsite improvements nor limit the use of the building or parking
lot. Council is asked to approve the extinguishment of access agreement to grant the temporary easement and
approve the temporary permit to construct.
Financial Impact
$28,300 received from MnDOT is proposed to be put into the government building fund.
Mission/Policy/Goal
Ethical, efficient, and responsible
Attachments
Right-of-way Parcel Layouts
Extinguishment of Access and Grant of Temporary Easement
Temporary Permit to Construct for Governmental Entities
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
DEPARTMENT OF
TRANSPQR7ATION
Control Section: 7106 (169=18) 901
State Project: 7106-87RW
Owner: City of Elk River
IPIIL10, A, H& ]FANVA MPJA RMA, AL�L�,��1''[�11J�T1
County: Sherburne
Parcel Number: 201
Sheet 1 of 2
Scale 1 inch = 80 ft.
Layout sketch by Marcus VanderBrug Created on January 6, 2021
DEPARTMENT OF
TRANSPORTATION
Control Section: 7106 (169=18) 901
State Project: 7106-87RW
Owner: City of Elk River
MONT OF WAW PARCELS LAYOUT
County: Sherburne
Parcel Number: 201
Sheet 2 of 2
Scale 1 inch = 80 ft.
Layout sketch by Marcus VanderBrug Created on January 6, 2021
EXTINGUISHMENT OF ACCESS
AND
GRANT OF TEMPORARY EASEMENT
Date: June 7, 2021
C.S. 7106 (169=18) 901
Parcel 201
County of Sherburne
For and in consideration of the sum of Twenty Eight Thousand Three Hundred Dollars and
zero cents ($28,300.00), City of Elk River, a municipal corporation under the laws of the state
of Minnesota, Granter, hereby conveys and warrants to the State of Minnesota, Grantee, all
existing or potential common law or statutory easement of access to, and a temporary
easement on, premises in Sherburne County, Minnesota, described as follows:
All of the following:
All right of access to Lot 1, Block 1, HILLSIDE CROSSING, as shown by the
access control symbol as Parcel 201 on Minnesota Department of
Transportation Right of Way Plat Numbered 71-36 as the same is on file and of
record in the office of the County Recorder in and for Sherburne County,
Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 201
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said
Parcel 201 by the temporary easement symbol, said easement shall cease on
December 1, 2027, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for
highway purposes; excepting therefrom the existing parking lot situate thereon;
excepting therefrom the existing parking lot situate thereon.
Page 1 of 3
Grantor is the owner of the above -described premises and has the lawful right
and authority to convey as above set forth.
The said Grantor does hereby release the State of Minnesota from any claims
for damages to the fair market value of the above -described area covered by this
extinguishment of access and grant of temporary easement and for its use, or any claims for
damages to the fair market value of the remaining property of Grantor caused by the
extinguishment of access or by the use of the temporary easement, including grading and
removal of materials from said easement area for highway purposes. Notwithstanding the
foregoing, Grantor does not release any claims Grantor may have as a result of the
negligence of the Grantee, its agents or contractors, in conducting any of the above activities.
CITY OF ELK RIVER
By
Its Mayor
And
Its City Clerk
STATE OF MINNESOTA )
)SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this .. day of June, 2021,
by John J. Dietz, and Tina Allard, the mayor and city clerk of the City of Elk River, a
municipal corporation underthe laws of the state of Minnesota, on behalf of the
municipal corporation.
NOTARY PUBLIC
My commission expires:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and Property
Management Unit,
395 John Ireland Blvd.
St. Paul, MN 55155-1800
Page 3 of 3
TEMPORARY PERMIT TO CONSTRUCT FOR GOVERNMENTAL ENTITIES
Dated: June 7, 2021
C.S. 7106 (169=18) 901
Parcel 201
County of Sherburne
The State of Minnesota, by its Commissioner of Transportation, has established and
designated the route of Trunk Highway No. 169 in Sherburne County, Minnesota.
It is necessary that the State of Minnesota use for highway purposes real property situated in
Sherburne County, Minnesota, described as follows:
All of the following:
All right of access to Lot 1, Block 1, HILLSIDE CROSSING, as shown by the
access control symbol as Parcel 201 on Minnesota Department of
Transportation Right of Way Plat Numbered 71-36 as the same is on file and of
record in the office of the County Recorder in and for Sherburne County,
Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 201:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said
Parcel 201 by the temporary easement symbol, said easement shall cease on
December 1, 2027, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for
highway purposes; excepting therefrom the existing parking lot situate thereon;
excepting therefrom the existing parking lot situate thereon.
The undersigned, having an interest in the above -described real property, understand that
they are not required to surrender possession of the property without just compensation and
are not required to surrender lawfully occupied real property without at least 90 days notice.
By signing this Permit, the undersigned waives these rights and grants to the State of
Minnesota the immediate right to enter the above -described property to construct, maintain,
and operate the Trunk Highway.
This Permit will be in effect from June 7, 2021, and expire once construction has been
completed.
Mayor John J. Dietz, City of Elk River
Tina Allard, City Clerk, City of Elk River