4.3 SR 06-16-2025The 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
4.3
Meeting Date
June 16, 2025
Prepared By
Jennifer Green, Senior Administrative Assistant
Item Description
Resolution 25-27: Authorizing Execution of Quit
Claim Deed to Clear Title for Irene D. Ohland
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 25-27 Authorizing Execution of Quit Claim Deed to Convey Fee Title from the
City of Elk River to Irene D. Ohland
Background/Discussion
In 1977, Wallace E. Ohland and Irene D. Ohland granted a quit claim deed in favor of the Town of Elk River
on their property located on Ogden Avenue, as described in Document No. 140760. The Town of Elk River
was later consolidated into the City of Elk River, and the city assumed jurisdiction over the land. In 1983, the
City Council adopted Resolution No. 83-4, vacating a public utility and roadway easement over a portion of
the larger property. The Council also adopted Resolution No. 83-3, authorizing the conveyance of the
underlying fee title of the vacated easement area to Wallace E. Ohland and Irene D. Ohland.
As part of the 1983 vacation proceedings, the city recognized that the intent of the original 1977 quit claim
deed (Document No. 140760) was to convey an easement interest, not the fee title, to the Town (now City).
However, the city also retained an easement over a portion of the larger property for public roadway and
utility purposes.
Recently, city staff were contacted by a title company on behalf of Irene D. Ohland, requesting the city to
convey the underlying fee title for the subject parcels located on Ogden Avenue to Ms. Ohland. This request
is intended to resolve a title issue regarding the nature of the interest conveyed by Document No. 140760. In
order to clarify the chain of title and resolve the issue. The city attorney has drafted the attached documents,
and staff recommend that the City Council authorize the conveyance of the underlying fee title of the subject
parcel to Irene D. Ohland. The documents reserve an easement for public roadway and utility purposes over,
under, across, and through the entirety of the subject parcels.
Financial Impact
Attorney fees for document review and preparation.
Mission/Policy/Goal
Work with citizens to achieve goals.
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Attachments
1. Quit Claim Deed #140760
2. Res 83-4
3. Res. 83-3
4. Quit Claim Deed from City of Elk River to Irene D. Ohland
5. Res 25-27 Authorizing Conveyance to Irene D. Ohland
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ECB-1034 Page 1 of 2
236305v1
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED
Business Entity to Individual(s)
eCRV number: ________________
DEED TAX DUE: $1.65 DATE: __________, 2025
The consideration for the transfer contemplated by this instrument is less than $3,000.
FOR VALUABLE CONSIDERATION, City of Elk River, a Minnesota municipal corporation (“Grantor”), hereby conveys and quitclaims to
Irene D. Ohland, a widow and unmarried person (“Grantee”) real property in Sherburne County, Minnesota, legally described as follows:
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.
Check here if all or part of the described real property is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
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Page 2 of 2 QUIT CLAIM DEED
236305v1
Check applicable box:
The Seller certifies that the Seller does not know of
any wells on the described real property.
A well disclosure certificate accompanies this
document or has been electronically filed. (If electronically filed,
insert WDC number: […].)
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 have not changed
since the last previously filed well disclosure
certificate.
Grantor
CITY OF ELK RIVER
By:
John J. Dietz
Its: Mayor
By:
Tina Allard
Its: City Clerk
State of Minnesota, County of Sherburne
This instrument was acknowledged before me on ____________, 2025, by John J. Dietz and Tina Allard, the mayor and city clerk,
respectively, of City of Elk River, a Minnesota municipal corporation, on behalf of the corporation.
(Stamp)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson, P.A. (CAH)
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
(651) 452-5000
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
________________________________________
________________________________________
________________________________________
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236307v1
City of Elk 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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236307v1
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 16th day of June 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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236307v1
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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