4.10. SR 06-21-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.10
Agenda Section
Meeting Date
Prepared by
Consent
June 21, 2021
Zack Carlton, Planning Manager
Item Description
Reviewed by
Property Donation: Michelle Eder
Cal Portner, City Administrator
Reviewed by
Peter Beck, City Attorney
Action Requested
Adopt, by motion, a resolution accepting the donation of Outlot A, Wildlife Woods Addition.
Background/Discussion
The plat of Wildlife Woods Addition was approved by the City Council earlier this year. The plat created three
buildable lots along with two outlots. Of the two oudots, one is entirely encumbered by drainage and utility
easements for overhead power lines and city -maintained stormwater ponds. The property owner has requested to
donate the encumbered parcel to the City of Elk River as it is unbuildable and contains city -maintained assets.
Staff reviewed the request and is comfortable accepting the land as the parcel serves additional purposes beyond
the current use.
Financial Impact
None
Mission/Policy/Goal
■ Responsibly grow
Attachments
■ Final Plat
■ Resolution
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
WILDLIFE WOODS ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Richard L. Eder and Michelle A. Eder, husband and wire, owners of the following described
property sit.,t,d in the County of Sherburne, State of Minnesota, to wit:
That port or the South Hal( of the Northeast Ou arts, of Section 26, Township 33, Range 26, Sherburne County, Minnesota, lying South of
the South line o! the North 858 feet, as ,red at right angles, thereof, and lying easterly of a line described as beginning at the
northeast .ar
c or me West 626.12 feet of the South 208700 lest a sured along me South and West lines respectivNy, of said
South Hal( of the Northeast Ot, thence northwesterly to a point on the South line of the North 858 feet, a sured at right
angles, of said South Half of the Northeast Quarter distant 540.20 feet easterly of the southwest corner thereof. and lying Westerly of
the centerline of Trott Brook, said center line being described as (allows:
Commencing at the Southeast c or said South Hal( of the Northeast c r; thence South 89 degrees 38 mInotes 16 s Dods West
along the South line of said Northeast Ouarts, (or a distance of 464.41 feet to the centerline or said Brook and the actual point of
beginning of the centerline to be hereby described; thence North 23 degrees 08 minutes 00 seconds West for a distance of 230.64 feet;
thence North ] degrees OS mnutes 30 se ontls West for a distance of 342.00 feet; thence North ] degrees 40 mnutes 00 --rd.
East far a distance of 385.00 feet; thence North 4 degrees 15 mnutes 00 se ontls East far a distance of 255.00 feet; thence North 14
degrees 05 mnutes 00 seconds East (or a distance of 15SOO feet, mare or less, to intersect with and terminate said centerline at a
point on the North line of said South Hal( of the Northeast Ouarter a distance of 478.09 feet West of the Northeast c of said
South Half of
the Northeast Quarter. Fa the purposes of this description the East line of the Southeast Quarter of said Section 26 is
med to aen, North 0 degrees 37 mnutes 32 se ands West.
Excepting therefrom the West 626.12 feet of the S—h 208.708 feet a .red along the South and West lines respectively, of said
South Half of the Northeast Quarter, -carding to the United States Government Survey thereof and situate in Sherburne County,
Minnesota.
AND
That part or the Northwest Quarter of the Southeast Quarter or Section 26. Township 33. Range 26. Sherburne County, Minnesota,
described as (allows:
Beginning at the northwest come, of said Northwest Quarter of the Southeast 0uarter; thence south along the west line of soitl
Northwest Ouartsr of the Southeast Quarter a distance of 300 feet; thence east parallN with the north line of said Northwest Ouartw of
the Southeast Ouartsr a distance of 400 feet; thence south parallel with soitl west line a distance or 272 feet; thence east parallel with
the north line of said Northwest Quarts, or the Southwest 0.arter a distance of 902.93 feet to the east line of said Northwest Quarter
If
the Southeast Quarter; thence north along said east line a distance of 572 feet to the northeast ca r of said Northwest Quarter of
the Southeast Quarter; thence west along the north line o! said Northwest Quarter o! the Southeast Q—I,sr a distance of 1302.7 feet
to the point of beginning; EXCEPT that part of the Northwest Ouartw of the Southeast Quarter of Section 26. Township 33. Range 26.
Sherburne County, Minnesota, described as (allows:
A strip of land 100.00 in width o said NWI/4 of the SE 1/9, the centerline or which is described as follows: Commencing at the
Southwest cnof the S 1/2 of the NE 1/4 of said Sec. 26; thence North 00' 20' 50' East, a amed bearing along the West line
or said S 1/2of the NE 1/9, a distance of 52.88 feet to the point of beginning of said line to be hereinafter described; thence South
81' 39' 10"
E.
a distance of 166.94 feet; thence Easterly and Southeasterly, a distance of 952.11 feet, along a tangential c ve to the
Southwest, having a radius of 1000.00 feet and a central angle of 25' 54' 19"; thence South 55' 44' 56" East, tang ntctocsaid last
tlescribetl c a distance of 1193,23 feet to the Northwesterly right of way line or County State Aid Highway No. 13 and said curt Ifne
mere terminal ng.
Said strip of land is to extend by its full width from the North line of said NW 1/4 of the SE 1/4 to the East line of soitl NW 1/4 of
the SE 1/4 and a line described as follows:
Commencing at the Northwest comer of soitl NW 1/4 0! the SE 1/4; thence Southcnly, along the West line of said NW 1/4 or the SE
1/4, a distance o! 572.00 feet to the point o! beginning of soitl line to be herefna Rer described; thence Easterly, paellel with soitl North
line of the NW 1/4 of the SE 1/4 to said East line of the NW 1/9 or the SE 1/4 and said line there terminating.
Have c .ed the same to be s —yed and platted as WH.DLIFE WOODS AMMON and do hereby dedicate to the City of Elk River for public
e (o ever the p.blfc way a shown on this plat. And also dedicating to the City of Elk River (or public use (Dever the easements os
shown on this plat for drainage and utilfly purposes only.
In witness where,! soitl Richard L. Eder and Michelle A. Eder, husband and wife, have hereunto set his hand this day of
20 .
':l(iiRl•W�Y•!7
State of Minnesota
County or
This instrument was acknowledged before me this day of , 20 , by Richard L. Eder and Michelle A. Eder.
NamePrinted)
Notary Public County, Minnesota
My Commission Expires
I hereby certify that I have s rveyed and platted the land, or directly supervised the s rveying and platting of the land described on the plot as
WXDL1FE WOODS ADDn?ON; that this plat iscorrect representation of the boundary s rvey; that all mathematical data and labels a redly
designated on this plat; that all m ents depicted on this plat have been, o will be correctly set within 1 year; a of the date of the certification,
all wet lands and water boundaries and all public ways are shown and labeled as defineal in Minnesota Statutes 505.01, S.bd. 3.
Trace C. McCoy, Licensed Lantl I.y.r
Minnesota License No. u44531
State of Minnesota
County of Wright
The foregoing Surveyors Cerbncate was acknowledged before me this day of , 20 , by Trace C. McCoy, Land Surveyor,
Minnesota License No. 44531.
Name Printed!
Notary Public County, Minnesota
My Commission Expires
Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota, at a meeting held this day of
c 20
Attest:
Pursuant to Sherburne County Ordinance Numbe, 006. 1 hereby certify that this plat has ace, checked and approved as to compliance with Chapter
505. Minnesota Statutes this day of , 20 .
herburne Co,nty —eyor
I hereby certify taxes payable in the year n lands herein described ae paid in full, and there are no delinquent taxes, and that transfer was
entered this day of . 20
herburne Caunty Auditor e...w
I hereby certify that this instrument was filed in the office or the County Recorder for record on this day of 20 at
_o'clock _.M.. and was duly recorded as Document No.
herburne aunty Recorder
dAP® SERVOCElE
WILDLIFE WOODS ADDITION
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VICINITY MAP
SECTION 26. T. M, R. 26, SHEREI—E COUNTY. UN
(NO SNLE)
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GRAPHIC SCALE IN ffU
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DENOTES CAST-IRON MONUMENT FOUND
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SHEET
F 2 SHEETS
City of
Elk
River
City of Elk River
City Council
Resolution 2 1 -
A Resolution of the City Council of the City of Elk River Approving
Acquisition of Real Property and Dispensing with Statutory Requirements
for Review by Planning Commission
WHEREAS, the City of Elk River ("City') received a request from the owner of Outlot A,
Wildlife Woods Addition ("Property") to donate the land to the City; and
WHEREAS, the Property is encumbered by drainage and utility easements which include
city -maintained stormwater ponds for 193rd Ave NW and overhead powerlines; and
WHEREAS, the Property is otherwise unbuildable and serves no purpose beyond long-
term maintenance for the utility assets; and
WHEREAS, Minn. Stat. 462.356, subd. 2 requires the Planning Commission review the
City's proposed acquisition and disposition of property; and
WHEREAS, Minn. Stat. 462.356, subd. 2 provides for an exception from the Planning
Commission review requirements upon a 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition of the property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The City Council finds that acquisition of said Property has no relationship to
the comprehensive municipal plan.
2. Review by the Planning Commission of the acquisition of said property is hereby
dispensed.
3. The acquisition as described in this resolution is hereby approved and the Mayor
and City Clerk are authorized and directed to execute all documents, and take all
appropriate measures, to accept the Property as a donation from the property
owner.
Passed and adopted this 21" day of June 2021.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk