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HomeMy WebLinkAbout1997-099 . ,.. . . II - e , RESOLUTION NO. 97-99 A RESOLUTION APPROVING LAND EXCHANGE BETWEEN THE CITY OF STILLWATER AND THE STATE OF MINNESOTA THROUGH ITS DEPARTMENT OF TRANSPORTATION WHEREAS, on 14th of August, 1996, the City of Stillwater obtained title to real estate located in the downtown of the City commonly known as the Minnesota Territorial Prison Site. The conveyance from Maple Island, Inc., the former owner, was subject to easements in favor of the State of Minnesota encompassing portions of the property beyond the area needed for Minnesota State Highway purposes; and, WHEREAS, on the 27th of March, 1990, the City of Stillwater obtained a deed to real estate now located in the City of Oak Park Heights from Northern State Power Company in fulfillment of a Contract for Deed between the City and Northern State Power dated November 30, 1968, containing approximately two (2) acres, more or less. This land was obtained by the City in anticipation of constructing a sewer plant that, once constructed, was acquired by the Metropolitan Waste Control Commission and is now operated by them. The land is surplus City land and located in the flood plain of the St. Croix River; and, WHEREAS, negotiations have taken place between the Minnesota Department of Transportation and the City in an effort to obtain from the Minnesota Department of Transportation a release of the easements now encumbering the Territorial Prison Site that are in excess of the area needed for right-of- way and the State of Minnesota has agreed to release the easements to the Territorial Prison Site in exchange for a conveyance of the excess City property located near the sewer plant, for use in conjunction with the construction of a river crossing near the site, including any necessary mitigation efforts. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the land exchange be and the same is hereby approved and conveyance of the excess City property described in the Quit Claim Deed attached as Exhibit "A" is authorized and the Mayor and Clerk are authorized to execute the conveyance and deliver it to the State of Minnesota in exchange for acceptance of a Release of Easements described in Exhibit "B". 2. That the City Staff is directed to take the action necessary to accomplish the exchange of conveyances and the proper recording thereof with the Washington County Recorder. Enacted by the City Council of the City of Stillwater this 29th day of April, 1997. ATTEST: 1 JT .. QUIT CLAIM DEED . C.S. 8214 (36=45) 904 Parcel 75 County of Washington ktJ ~ ~ /CJ-:-O ~ Dollars ($ I. Cro . ), City of Stillwater, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in Washington County, Minnesota, described as follows: STATE DEED TAX DUE HEREON: $ Dated: ~ 2q~,19n For and in consideration of the sum of All of the following: That part of Govemment Lot 5, Section 34, Township 30 North, Range 20 West, shown as Parcel 75 on Minnesota Department of Transportation Right of Way Plat Numbered 82-88 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota: containing 0.805 hectare (1.99 acres), more or less. together with all hereditaments and appurtenances belonging thereto. The Seller certifies that the Seller does not know of any wells on the described real property. ST A TE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) . By The foregoing instrument was acknowledged before me this :<. q~ay of ~ ' 19.!t1, by =rA- Y L. K I H E.LE.. and A...z 01'2.. L I W6L.b"N' , the ayor and the Clerk of the City of Stillwater, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. .v......~....,.~v...~ ~DAVlO TERRY MAGNUSON I NOTARY PUBLIC - MINNESOTA . . . WASHINGTON COUNTY My Comm. Elcplrws Jan. 31,2000 _m--w--,uu--_uu']j-rt ;r" is 1I1ifrumentwas. fa e ~DY the State of Minnesota, Department of Transportation, Legal and Real Estate Conveyance Unit, St. Paul, Minnesota 55155 R35359G.08W Notary Public My Commission Expires: Send tax statements to Grantee: State of Minnesota Department of Transportation Mailstop 63 I (DP) 395 John Ireland Blvd. St. Paul, MN 55155 . EXHIBIT "A" . ~.~ -- " e 1 Easement rights of the State of Minnesota obtained pursuant to final Certificate dated March 18th, 1937, recorded Apri11, 1937, in Book 130 of Deeds, Page 146; and Easement rights of the State of Minnesota obtained pursuant to final Certificate dated September 28th, 1939, recorded December 7,1939, in Book 136 of Deeds, Page 10. Nothing in this Release diminishes the rights of the State of Minnesota obtained by Warranty Deed dated December 16th, 1935, recorded December 23rd, 1935, in Book 128 of Deeds, Page 341 (an easement over the east 42 feet of the site adjacent to Main Street) EXHIBIT "B"