4.10 SR 10-07-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.10
Meeting Date
October 7, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Resolution 24-59: Convey City Property to Elk
River Municipal Utilities for an Electrical Substation
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-59 approving the conveyance of Lot 1, Block 1, Natures Edge Business
Center Third Addition to Elk River Municipal Utilities for development as an electrical substation.
Background/Discussion
On September 16, 2024, the City Council approved a Conditional Use Permit (CUP) authorizing construction
of an electrical substation on Lot 1, Block 1, Natures Edge Business Center Third Addition. The site is
currently owned by the city, but had been planned for use as a substation by ERMU. The city's CUP approval
requires ERMU to assume ownership of the parcel, as it is not the city's desire to own a substation.
The attached resolution approves the conveyance and authorizes staff to execute and deliver all required
documents.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Resolution Approving Conveyance
2. Quit Claim Deed
Page 60 of 139
232669v1
Resolution 24 - 59
A Resolution Approving a Conveyance of Real Property to
Elk River Municipal Utilities
WHEREAS, the City of Elk River (“City”) is the fee owner of the real property located at in the
City of Elk River, County of Sherburne, State of Minnesota, which is legally described as follows:
Lot 1, Block 1, Natures Edge Business Center Third Addition
(PID: 75-00915-0105) (the “Property”); and
WHEREAS, the City wishes to convey the Property to Elk River Municipal Utilities, a Minnesota
municipal utility (“ERMU”), for use as a substation; and
WHEREAS, the Minnesota Statutes § 462.356, subd. 2, requires that the Elk River Planning
Commission (“Planning Commission”) review the proposed disposal of the Property for compliance
with the City’s comprehensive municipal plan, and to report its findings in writing to the City
Council of the City of Elk River (“City Council”); and
WHEREAS, Minnesota Statutes §462.356, subd. 2, provides for an exception from the requirement
for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the
requirement and finding that the disposal of Property has no relationship to the City’s
comprehensive municipal plan; and
WHEREAS, the City finds the conveyance of the Property to ERMU is in the public’s interest and
furthers the aims and purposes of the City, and that the disposal of the Property has no relationship
to the City’s 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 the conveyance of the Property has no relationship to the City’s
comprehensive municipal plan.
2. Review by the Planning Commission of the conveyance of the Property is hereby dispensed
with.
3. The conveyance of the Property to ERMU is hereby approved.
Page 61 of 139
232669v1
4. The Mayor and City Clerk are hereby authorized to execute and deliver all necessary
documents to complete the conveyance.
Passed and adopted this _____ day of , 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 62 of 139
232671v1
(Reserved for Recording Data)
QUIT CLAIM DEED
eCRV number: _______________
STATE DEED TAX DUE HEREON: $1.65
Dated: ___________________, 2024.
FOR VALUABLE CONSIDERATION, CITY OF ELK RIVER, a Minnesota municipal
corporation, Grantor, hereby conveys and quitclaims to ELK RIVER MUNICIPAL UTILITIES,
a Minnesota municipal utility, Grantee, real property in Sherburne County, Minnesota, legally
described as:
_____________________________, Sherburne County, Minnesota, according to the
recorded plat thereof.
Check here if part or all of the land is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
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.
Page 63 of 139
232671v1
CITY OF ELK RIVER
(SEAL) By: _____________________________________
John J. Dietz, Mayor
And: ___________________________________
Tina Allard, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _____________ day of
_____________________, 2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City
Clerk for the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
__________________________________________
Notary Public
Tax Statements for the real property
described in this instrument should be sent to:
Elk River Municipal Utilities
13069 Orono Parkway
P.O. Box 430
Elk River, MN 55330-0430
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
JDS/AKLS
Page 64 of 139