RES 25-27ty of
�l�t-City of Elk River
River City Council
Resolution 25-27
A Resolution Authorizing Execution of Quit Claim Deed
To Clear Title
WHEREAS, in 1977, Wallace E. Ohland and Irene D. Ohland granted a quit claim deed in favor of
the Town of Elk River over certain land in Sherburne County, Minnesota as described in Document
No. 140760, files of the Sherburne County Recorder (the "Larger Property"); and
WHEREAS, the Town of Elk River was subsequently consolidated into the City of Elk River; and
WHEREAS, in 1983, the City Council adopted Resolution No. 83-4, vacating a public utility and
roadway easement over a portion of the Larger Property and also adopted Resolution No. 83-3,
authorizing the conveyance of the underlying fee title to the vacated easement area to Wallace E.
Ohland and Irene D. Ohland; and
WHEREAS, in the 1983 vacation proceedings, the City recognized that the original intent of
Document No. 140760 was to convey only an easement and not fee title to the Town (now City) and,
in addition, the City desired to retain an easement over a portion of the Larger Property (the "Subject
Property"); and
WHEREAS, the Subject Property is described on the attached Exhibit A; and
WHEREAS, Irene Ohland has requested that the City convey the underlying fee to the Subject
Property to her, in order to resolve a title issue concerning the nature of title conveyed by deed
Document No. 140760; and
WHEREAS, the City Council desires to resolve the title issue by conveying the underlying fee title
to the Subject Property to Irene D. Ohland while reserving an easement for public roadway and utility
purposes over, under, across and through the entirety of the Subject Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELK RIVER, MINNESOTA, as follows:
1. The City Council approves the conveyance of the underlying fee title to the Subject
Property to Irene D. Ohland, reserving an easement for public roadway and utility
purposes over, under, across and through the entirety of the Subject Property.
2. The Mayor and City Clerk are authorized to execute and deliver a quit claim deed to
Irene D. Ohland, in accordance with paragraph 1 above.
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3. This resolution is made on the condition that the grantee, Irene D. Ohland, shall be
responsible for all costs associated with the recording of the quit claim deed, including,
but not limited to, the payment of state deed tax on the deed.
Passed and adopted this 16t' day of June 2025.
Viif��Zm2ayor
n
ATTES'
Tina Allard, City Clerk
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EXHIBIT A
Legal Description of Subject Property
Parcel A: Ogden Avenue right of way
The West 33 feet of that part of the East Half of the Northeast Quarter of the Southeast
Quarter of Section 30, Township 33, Range 26, lying Northerly of the Northerly railroad right-
of-way and lying southerly of a line 166 feet Northerly and parallel to the northerly railroad
right of way, said described land being commonly known as Ogden Avenue.
Parcel B:
All that part of the East Half of the Northeast Quarter of the Southeast Quarter of Section 30,
Township 33, Range 26 lying Easterly of the above -described Parcel A, Northerly of the
Northerly railroad right of way and lying southerly of the following described line:
Beginning at a point on the East line of the Southeast Quarter of said Section 30 a
distance of 66 feet North of the Northerly railroad right-of-way; thence Westerly
parallel with the Northerly railroad right-of-way to a point on the West line of the East
330 feet of the Southeast Quarter of said Section 30, a distance of 66 feet Northerly of
said railroad right-of-way; thence Northwesterly to a point on a line parallel with the
railroad right-of-way a distance of 166 feet Northerly (as measured parallel with the
East line of said Southeast Quarter) of said railroad and 110 feet (as measured along said
parallel line) distant East from the East line of the above -described Parcel A; thence
Westerly along said parallel line to the East line of the above -described Parcel A and
there terminating.
Reserving, however, to the Grantor a permanent easement for public roadway and utility
purposes over, under, across and through the entirety of Parcels A and B described above.
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