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HomeMy WebLinkAbout2004-05-11 CC Meeting Packet Enclosure 02Originating Department/ R Requester's Signature Action Requested: C Oak Park Heights Request for Council Action ENCLOSURE 02 Meeting Date: M Agenda Item Title: Authorizing Resolution Property Exchange. (Watertower Property) Time Required 1 minute Agenda Placement: Consent Agenda estor: E c4 nson Ci Administrator Background/Justification (Please i �icate any previous action, financial implications including budget information and recommendations). In addition to the condition of approval placed upon the PUD documents for the Phase II portion of the Shoppes of Oak Park Heights outlining this property exchange; the City is required to pass an authorizing resolution. Overall details or the property exchange are incorporated herein. The City Attorney's Office has reviewed and approved such resolution. RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COTTNTY, MINNESOTA A RESOLUTION AUTHORIZING ACQUISION OF WATER TOWER PROPERTY AND AUTHORIZATION TO GRANT AN EASEMENT ACROSS CITY -OWNED PROPERTY Whereas the City currently maintains an elevated water tower "Tower #2" established on a perpetual easement over property now owned by The Shoppes of Oak Park Heights, LLC, the same being legally described as set forth in Exhibit "A ", and; Whereas the City of Oak Park Heights has expressed interest in securing the fee ownership of the "Tower #2" property as currently owned by The Shoppes of Oak Park Heights, LLC over the same lands on which it has secured the permanent easement, and; Whereas The Shoppes of Oak Park Heights, LLC has expressed an interest in securing a non - exclusive roadway easement of approximately 50' in width through property now owned by the City, being Outlot A- Wal -Mart Addition, the legal description for which is set forth and annexed hereto in Exhibit "B ", and; Whereas the City and The Shoppes of Oak Park Heights, LLC have agreed to an exchange of property interests whereby The City shall receive the fee title to Tower #2 property and in addition thereto a permanent and perpetual easement of approximately 1,290 square feet lying directly east of the 60 Street lift station as further described on the plat of the Shoppes of Oak Park Heights - 2n Addition. In exchange, the Shoppes of Oak Park Heights, LLC shall receive from the City a non - exclusive permanent roadway access across City owned property as further described by Exhibit "C ", and; Whereas the City and The Shoppes of Oak Park Heights LLC have completed independent appraisals for such property transfers that identify and outline that the values of such property being exchanged are of comparable and substantively equal value as outlined in Exhibit "D ". THEREFORE, BE IT NOW RESOLVED that the City of Oak Park Heights through its Mayor and City Administrator is authorized and directed to enter into and execute on behalf of the City the necessary agreement(s), deeds and conveyances to properly implement the land exchange subject to the review and approval of the City Attorney's Office. Passed by the City Council for the City of Oak Park Heights this 11 day of May 2004. ATTEST: Eric A. Johnson City Administrator By Order of the City Council David Beaudet, Mayor 'MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS /IMPROVEMENTS 1 - T HTs .INDENTURL, made this day of 1. ,4.4 `199 by and : between ALVIN J. KRITEGER and ELAINE K. KRUEGER, :husband, and wife, parties of the first part; and the CITY OF OAR :P[HEIGHTS, :Washington County, Minnesota, party of the second :.pa WHEREAS, the above- -named parties of the first part are � w prS in : simple of the real estate hereinafter escr a :' Exhibit "A" sell and transfer unto the City of Oak Park Heights, its SYUccessars and - assigns the following: . See:; Attached Exhibit A-1 Thal .for. and in consideration of the sum of One Dollar ( $- l`�'��) and 'other good and valuable consideration, the receipt of which is hereby acknowledged, the parties of the first part have this .day ba„°gained .. and sold, and by these presents do bargain, A. temporary and perpetual easement for municipal water, sanitary sewer, public utilities and storm water drainage and _street purposes with the right to enter upon the real estate , hereinafter described at any time that the City of Oak Park Heights and/or the public utilities may see fit, and construct, naintain and repair any lines, equipment, materials, or other items, of the municipal utilities, storm water drainage area, for :the purpose of maintaining, repairing or replacing the said storm of Recovder !, , r.:y, (�. :t�ii�,�r {C� � n to 1 water'drainage area over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and /or trenches for the location of said municipal ut ilities; public utilit te. And storm water drainage area, and ti e. `: further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and xaaint *r, ante of said municipal utilities and storm water dr That said temporary and perpetual easements for jilun.teipal ' :utilities and storm water drainage purposes is described` as follows , to -wit: . . Exh A'-2 attached TO; = HAVE AND TO -HOLD, said temporary and perpetual easetherit ' and right-of-way unto the City of Oak Park Heights, Waahington county, Minnesota, (as to the municipal utilities) to the public utilities service providers, its successors and That parties of the first part do hereby covenant with the city of. Oak Park Heights that they possess marketable title : to, and are lawfully seized and possessed of the real estate above It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that party of the second part will restore any fencing that �}`a • o- . k • . • • fecessary to remove or becomes damaged during the p rocess ariy excavation It is further understood and agreed that party of the part will forthwith seed or resod all a• ^eas, where jneoessary, on said lands from which it is necessary to remov . damage the -sod thereon, during the process of any excavation. It is further understood and agreed that party of the .sec:Orid_ part will replace all driveways and sidewalks which it is necessary 'to remove or damage during the process of any exc on . ;The City of Oak Park Heights hereby agrees that parties '. •first part shall not have any development of the subject property impaired by reason of the existence of this easement granted to the City of Oak Park Heights. All Setbacks shall be measured from'property lines not from the easement line, and any permitted use of the property that would otherwise be allowed on the property will not be disallowed as a result of the existence ' of this easement. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 3 PARTIES OF THE FIRST PART By �.xil.. sir 4 e- Elaine K. Krueger or • z �. • • u P pi s •• • v 4 67' • • • :TE .O•F MINN A ) • ) .<COUNTY - OF :4:st' SS' On..:this . day of 6,73 , 1992, before me a . ;N.o . P.ub :=ic 'within and for said County anand State, personally ap Alyin J. :Krueger and Elaine K. Krueger, husband and :f e.:' . ;ta ::me:4 nown : to. -be th parsons described in and who executed he : fOrego:fg•anstrument and acknowledc� - that tney executed the same• � .$ 'the it f : d deed. F:; 'at,;;!ta 3.9: MARSHALL , ..,,t t b�i _ hriinneso#a• yip :.PRESENCE'. OF; =STATE `F MINNESOTA ) • ss . CaUNtY O .e'•. , :WASHINGTON) ENT:;D' • p :Y: Vierl'irig. ;tt ney • I -:-D. 4112823 ::•ECKBERG., LAMMERS , BRIGGS, WOLFF Ic r VIERLING ]:$25a Northwestern Avenue :S: it iwater MN 55082 1614 4 -2878 4 Notary PARTY OP SECOND PART: CITY OF OAK PARK HEIGH 8 aka- Barbara O'Neal, Mayor 4t0) LaVonne Wilson, Clerk On this c ' day of .. -- .�'•...., --- y (/ , 1992, before me •_ a Notary Public, ii and for said County and State appeared Barbara. O'Neal and LaVonne Wilson, to me personally known, who being.• by me first duly sworn, did say that they are respectively the . Mayor and Clerk of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Clerk acknowledge s • aid instrument to be the free ' and 'deed • of said City of Oak Park Heights. ENTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNESOTA R. H. lic I" j 19 DEPUTY OR- TREASURER • • • •,.• • • • ip • .•• • • uated.:: in : the County ;f Washington, and Stata of Minnesota, and further described as follows ?.Th e:;$c uthwest. Quarter of the Northwest Quarter (SW1/4 of NW1/ 4 ) and: t h:e :: North Naif of the Northwest Quarter (N1 /2 of NW1/4) of Section .:Tive =(:5) in Township Twenty- -nine (29) North, of Range d -West excepting therefrom a strip off East end of 'Northwest / 2 of NW1, 4) Twenty-one r:th�� =�alf' of Quarter (N1/2 ... s- . and 'Twenty (2 0) links wide heretofore sold to one Jacob 'A1s1: =Yat part' of the Northwest Quarter of the Northwest Quarter NYI ; 4'' of NWl 4 of Section Five (5) , Township Twenty - -nine (29) ' s= N.orth' Range . Twenty (20) West, described as follows, to -wit: a n ; iron monument set on the West line thereof at the i n tersec t io n , o ;the Southerly right-of-way line of Minnesota St ate . H ghway.: :Number. 212 with said West line, and running thence South = :along :.said: West line Five hundred twenty -eight (528) feet to an .ir n AOnument set on said West line; thence East on a line parallel= to the North line thereof Eighty -two and five-tenths , (82.5) feet' to an iron monument, thence North on a line parallel tos A z•West line Five hundred twenty-eight (528) feet to an iron ionuent set at the intersection of said parallel line with said So Utherly'- right -of -way line of said highway; thence West along said right-of-way line of said highway Eight -two and five-tenths 82 � ( . ; ' . 5'3 feet to the Point of Beginning . All of the same lying and being in the County of Washington, State of Minnesota. d:! klso Except All that part of the Northwest 1/4 of Section 5, Township 29 North,:: Range 20 West, Baytown Township, Washington County, :Minnesota, described as follows: Commencing at the North 1/4 corner. . :Section : 5, Township 29 North, Range 20 West, Washington County,:. :: Minnesota; thence West along the North line of said Section :5 for 21 rods and 20 links, being 359,7 feet to the point 'oi! beginning of this land description; thence South and parallel with 'North: and South 1/4 line of said Section 5 for 375 feet; .'thence: West .and parallel with said i orth line of Section 5 for ;'15.:0 feet . thence North and parallel with said North and South 1/4 line;; for-375 feet to its intersection with said North line of Section,.. 5; thence East along said North line of Section 5 for 150 .f to the point of beginning. Subject to the right of way of Minnesota Highway No. 212. 4t • • TE mR.?ARY EASEMENT EXHIBIT A-2 A .perpetual easement for public utility purposes over under and across the south 180 feet of the east 230 feet of the following' described property: The North Half of the Northwest Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota, except the east 359.70 feet thereof, said east 359.70 feet being measured along the north line of the Northwest Quarter of said Section 5. 'Together with a perpetual easement for public utility purposes ,over, , and across that part of the Northeast Quarter of the Nor : thwest Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota described as beginning at a point on the north line • .of •said Northeast Quarter of the Northwest Quarter distant 8 5 = feet West from the northeast corner thereof; thence southerly at might angles to said north line 110 feet; thence westerly and parallel with said north line 80 feet; theuice northerly at right angles 110 feet to the north line of said Northeast Quarter of the ' Northwest Quarter; thence easterly along said north line 80 feet to the point of beginning. Together with a perpetual easement for public utility purposes oVer; . under and across that part of the north 68 feet of the Northet Quarter of the Northwest Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota lying west of the east 509.70 feet of said Northeast Quarter of the Northwest Quarter, as measured along the north line thereof, and lying east of a line .described as beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter distant 885 feet west from the northeast corner thereof; thence southerly at right angles to said north line 110 feet and said line there terminating Together with a temporary construction easement over, under and across that part of the Northeast Quarter of the Northwest Quarter of said Section 5 described as beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter distant 805 feet west from the northeast corner thereof; thence westerly along said north line 80 feet; thence southerly at right angles to said north line 110 feet; thence westerly and parallel with said north line 80 feet; thence southerly at right angles 10 feet, thence easterly and parallel with the north line of said Northeast Quarter of the Northwest Quarter 160 feet; thence northerly 120 feet to the point of beginning, except the north 68 feet of said Northeast Quarter of the Northwest Quarter. 6 • . W •r Said = ttmperary construction easement to expire May 1, 1992. Said temporary 'c Instruction. easement to expire may 1, 1992. .�' et�ier: ..g with -a, perpetual easement for public utility purposes : o . ver, under, ;.�d aOross: that the north t p t at paxk of orth 58 feet of the Nit rt eagt:: Quarter of the Northwest Quarter ,of of Sect a�n • ,- . o r�a 5 , Township ...�:.:. g� 20, County, Minnesota lying 09.� = ?�•a��:.feet �of, �s � rig west of the east � said: Northeast Quarter of the Nor ,.?west Quarter, :ae astred along. the north line thereof, and lying east of ' y g a 1 ne described-= -as 'beginning at a point on the North line .,_:. of said a e:ast Quarter of the Northwest Quarter distant 885 feet west est .r ortha corner • thereof thence right �a• . ... north � souther. a nc�les to• , said . north. line 11 D and said y e g • ..... - feet line there • �.ie• . t og ether with a temporary construction easement over, � under and ,across :'that . par't..of• the south 20 feet of the north 88 of the , .. feet o . Northeast :Quarter: of the Northwest Quarter of said Section 5 .Zy, g' of :,the. east 5 feet of said Northeast Quarter of theast -thie' orthwest , Quarter -. as, measured a.on the north �:1� ., ed g as beginning line thereof, :n� Ying, east of . a line 'described = inns xiart�i ;s �' • � g ng at a poir�t on the f aid = N •�artheast Quarter of the Northwest Qu arter distant::'805 feet.: west from the northeast corner thereof; the := s vutherZ: at - r • ht �; thereof; thence y " g ngles to said north line 100 feet and said 1 inel there ; ihat ing T ' = y.+. - air_ "•i: ;�.��r F .i '.r.7;,� : � .c.��. +. ^ ^.''y'. - .�.�.•,.•.; ..,. ,:, ;.- y » ^�'� ' : 1• `3': Cyr ; •!,, -y.. . ; * rF ,7,: a °lt.ln: :i�` r. z W`a Y: Exhibit "B" Legal Description of Wal -Mart Pond Property OUTLOT A, WAL -MART ADDITION P I D# 05- 029 -29 -21 --0020 KETC4 EC1PTtON FOR: B.R.A. and Associates F L1. Scale i " = 50 c Drown Syr: CWS 589'39'42 "E Caeemerut Area 3.218 .4. ft. EQPTY DE$CRIFTQN Outlot A, W.4L -MART ADDITION, Washington County, Minnesota. o Denotes Iron Set • Denotes Iron Found Bearings shown are an an assumed datum. 1 hereby certify that this plan, survey or report was prepared by me or under my B .RUD 4 SONS, direct supervision and that 1 am a duly Registered Land Surveyor under the laws .r4Nv euRy �0R$ of the ,State at Minnesota. Dated this h day of A:" �" • 200.1 eie.„ LR�CITJ�F70w! olY!.. info. CIQCLI PINES, MINNESOTA E6 14 -3 2B TEL 163- "lee NDS PAX '763.1E36.600 t) -c t - - - � License tlo. ,75Y4/ 1 356.48 Project Manager: DWO 1 orth PR P T DE CRIPTION A perpetual eaaunerrt For ingramt and egress purposes over. under *ad across that port of NA NA h WAL. —MART AOOpiT10N, Washington County. i■Onnssota, deicribad as follows: Cammi. drug 01 the earth cornier of *aid Qutlot A; thevroe North 1 degroas 52 minutes 43 seconds Walt assumed bearing, long the blest One of sold Outlot A a dtstonce of 121.94 feet to the aclud point of b►17lnn themes contlnuln9 North 1 degrees 52 minutes 03 isconds West slang the West of vivid Outlot A o distance of 5404 fool; thsnw South 89 degrees 33 minutes 51 seconds Eost c distance of 24.07 fac there. eoster+y 77.M fret along a tong-entice curve concave to the southwest hosing a nweaus of 100.00 (wet seed o control once of 44 degrees 40 minutes 04 swoon.* t$ ence South 44 decrees 53 minutes 48 s.aanefe EaM a distance of 15.50 fret mores or lass to the East line of sold Outlot A; thence .authr.ektsrly+ ofcrsg the East line of sold Allot A o dsionc. of 60.06 fest on a moo tapentlol sof conco.hr to the southwest hosing a rodluo of 380.00 feet, • central angle of g degrees 03 rnlnuts• 22 seconds having a chord +n+4th bears South 4a degree• 04 minute. 54 Second* West; then. Forth 44 de9ses 533 Owlet 48 sec=onds Wert and not tangent 1s raid curve o dtettinc. of 25.53 feet; thence weskoriy 35.945 feet along a tangential cure. Concave to U. southwest h•.4ng a rude. of 50.00 het and o central angle of 44 649m. 4Q minutes 04 s+rcondK then. ?forth 89 degrees 33 rr4nui.t 51 seconds 'Phut tangent to laid cures o dletanc -e of 7.83 (sat mane of lose to the point of beginning. Job No.: 03559 Exhibit "C" Easement Area to NA Properties Apprs. Value* Size in square feet Value per square foot Tower Property to City Apprs. Value size in square feet Value per square foot ** Value Differential Total value to City Total to NA Properties Exhibit "D" Tower/EasemeflLExchflflQP[Oit $ 35,E 5,218 $ 6.79 $ 24,000 34,200 $ 0.70 $ 11 ,446.00 Estimated Size of Lift Station Easement 1,290 30' X 43' Value per foot ** $ 7.00 Est. Value of lift station easement $ 9,030.00 $ 33,030.00 $ 35,4 46.00 * page 25 - appraisal provided by RW Kirchner & Associates - Outlot A Walmart Addition ** page 29 - appraisal provided by RW Kirchner & Associates a Outiot B Brackey Addition - Land subject to water tower easement *** page 29 - appraisal provided by RW Kirchner & Associates - Outlot B Brackey Addition -Unencumbered Land Area.