HomeMy WebLinkAbout1040 Ord (Parcel exchange with St Croix Preservation Co for Pedestrian Plaza)ORDINANCE 1040
AN ORDINANCE AUTHORIZING THE DISPOSAL OF PROPERTY
ACQUIRED FOR PARK PURPOSES BY THE CITY OF STILLWATER
IN ACCORDANCE WITH CITY CHARTER ARTICLE XVI
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES HEREBY ORDAIN:
1. ENACTING
(a) The Stillwater City Council is seeking to voluntarily acquire a 43.88 foot
by 91.4 foot parcel of land from St Croix Preservation Co Inc, Parcel "A"
on the included map (Exhibit "A"). Parcel "A" will be incorporated in the
new pedestrian walkway project that connects Main St to Lowell Park and
the various parking areas east of Main Street. In exchange for Parcel "A"
the City will provide the following to St Croix Preservation Co Inc:
convey a 5.0 foot by 208.1 foot parcel of land adjacent to Municipal
Parking Lot #5, Parcel "B"; vacate a 9.0 foot by 208.1 foot section of
Water St, Parcel "C"; reimburse the owner for cost related to the
acquisition; provide a loan to reconstruct the entire Water St Inn parking
lot; and relocate the exiting curb line and utilities in the portion of Water
Street proposed to be vacated.
(b) Parcel "B" (legally described in Exhibit "B") is currently adjacent to
Municipal Parking Lot #5 and was originally acquired by the City of
Stillwater for park purposes to accommodate a future trail.
(c) After said sale of the 5.0 -foot strip of land, the remaining land will still
accommodate a future trail.
(d) The City Council has determined it to be in the best interest of the City of
Stillwater to dispose of said property.
(e) The City intends to covey said Parcel "B" to St Croix Preservation Co Inc.
It is the intent of St Croix Preservation Co Inc to use Parcel "B" as part of
their parking lot. Parcel "B" is proposed to be conveyed without
additional restrictions by the City.
(f) Article XVI of the Stillwater City Charter provides for the procedure to
dispose of city owned property acquired for park purposes.
(g) Notice of this proposal has been public in Stillwater Gazette on August 5,
12, 19, and 26, 2011 as required by the City Charter Section 16.02.
(h) The Stillwater City Council conducted a public hearing on this proposal
on Tuesday, September 6, 2011 and all persons desiring to be heard have
been allowed to testify. Written comments were recorded.
(i) No objections were received either in person or in wiring.
(j) The Mayor and City Clerk are authorized and ordered to sign such deeds
necessary to convey parcel "B" to St Croix Preservation Co Inc.
(k) That the conveyance not be made until all rights of appeal under the City
Charter have been exhausted.
2. SAVING. In all other ways the Stillwater City Code will remain in full force and
effect.
3. EFFECTIVE DATE. This Ordinance will be in effect from and after its passage
and publication according to law.
Adopted by the City Council of the City of Stillwater this 4th day of October, 2011.
ATTEST:
/.
Acting Ci y Clerk
CITY OF STILLWATER
Exhibit "B"
PROPOSED 5.00' WIDE RAILROAD RIGHT-OF-WAY PARCEL:
(to be conveyed to St. Croix Preservation Co., Ltd. by the City of Stillwater)
All that part of the Burlington Northern and Santa Fe Railway Company's (formerly
Northern Pacific Railway Company) Station Ground property situated in Government Lots 2 and
3 of Section 28, Township 30 North, Range 20 West, Washington County, Minnesota, and all
that part of Block 18, of the Original Town, now City of Stillwater, on file and of record as
Document No. 416049, Washington County records, bounded and described as follows, to wit:.
On the westerly side by the westerly. right-of-way line of said Railway Company's Station
Ground property; on the easterly side by a line drawn parallel with and 5.00 feet easterly of said
westerly right-of-way line; on the southerly side by the northerly line of Myrtle Street as shown
on said recorded plat of the Original Town, now City of Stillwater and on the northerly side by a
line drawn parallel with and 43.88 feet southerly of an easterly projection of the northerly line of
Commercial Avenue, as the same is described in Book "V" of Deeds, Page 384, in said Office of
the County Recorder.
Subject to a public sidewalk, utility, and roadway easement over, under and across the
southerly 9.9 feet of the above described parcel.
Subject to and together with any other valid easements, reservations or restrictions.
Notes:
The above described parcel is part of an overall tract of land described on Exhibit "A" of Doc.
No. 3171150, Wash. Co. records. This Quit Claim Deed contains dimensional and plat reference
errors and contains numerous exclusions and references to the property being sold "AS -IS WITH
ALL FAULTS". The above Proposed Description is based on the actual track location as located
by me in 1990+-. No Title opinion or abstract was provided to Stack Land Surveying for the
preparation of this description.
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
ga4/221/
Barrett M. Stack
DateZ. — Z-4//
License No. 13774
City of Stillwater
(Official Publication)
ORDINANCE 1040
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF WASHINGTON
AN ORDINANCE AUTHORIZING THE DISPOSAL OF PROPERTY
ACQUIRED FOR PARK PURPOSES BY THE CITY OF STILLWATER
IN ACCORDANCE WITH CITY CHARTER ARTICLE XVI
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES HEREBY
ORDAIN:
1. ENACTING
(a) The Stillwater City Council is seeking to voluntarily acquire a 43.88 foot
by 91.4 foot parcel of land from St Croix Preservation Co Inc, Parcel "A" on
the included map (Exhibit "A"). Parcel "A" will be incorporated in the new
pedestrian walkway project that connects Main St to Lowell Park and the
various parking areas east of Main Street. In exchange for Parcel "A" the
City will provide the following to St Croix Preservation Co Inc: convey a 5.0
foot by 208.1 foot parcel of land adjacent to Municipal Parking Lot #5,
Parcel "B"; vacate a 9.0 foot by 208.1 foot section of Water St, Parcel "C";
reimburse the owner for cost related to the acquisition; provide a loan to
reconstruct the entire Water St Inn parking lot; and relocate the exiting curb
line and utilities in the portion of Water Street proposed to be vacated.
(b) Parcel "B" (legally described in Exhibit "B") is currently adjacent to
Municipal Parking Lot #5 and was originally acquired by the City of
Stillwater for park purposes to accommodate a future trail.
(c) After said sail of the 5.0 -foot strip of land, the remaining land will still
accommodate a future trail.
(d) The City Council has determined it to be in the best interest of the City
of Stillwater to dispose of said property.
(e) The City intends to covey said Parcel "B" to St Croix Preservation Co
Inc. It is the intent of St Croix Preservation Co Inc to use Parcel "B" as part
of their parking lot. Parcel "B" is proposed to be conveyed without addition-
al restrictions by the City.
(f) Article XVI of the Stillwater City Charter provides for the procedure to
dispose of city owned property acquired for park purposes.
(g) Notice of this proposal has been public in Stillwater Gazette on August
5, 12, 19, and 26, 2011 as required by the City Charter Section 16.02.
(h) The Stillwater City Council conducted a public hearing on this propos-
al on Tuesday, September 6, 2011 and all persons desiring to be heard
have been allowed to testify. Written comments were recorded.
(i) No objections were received either in person or in wiring.
(j) The Mayor and City Clerk are authorized and ordered to sign such
deeds necessary to convey parcel "B" to St Croix Preservation Co Inc.
(k) That the conveyance not be made until all rights of appeal under the
City Charter have been exhausted.
2. SAVING. In all other ways the Stillwater City Code will remain in full
force and effect.
3. EFFECTIVE DATE. This Ordinance will be in effect from and after its
passage and publication according to law.
• Adopted by the City Council of the City of Stillwater this 4th day of October,
2011.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Acting City Clerk
Exhibit "A"
Julie Athey,
being duly sworn on oath, says: that she is,
and during all times herein states has been,
Clerk of Sun Newspapers
Publisher of the newspaper known as the
Stillwater Gazette, a newspaper of
general circulation within the City of
Stillwater and the County of Washington.
That the notice hereto attached was cut from
the columns of said newspaper and was
printed and published therein on the
following date(s):
6th of October 2011
Newspaper Ref./Ad #1074477
Subscribed and sworn to before me this
66 day of October 2011
Mark Berri
NOTARY PUBLIC
Washington County, Minnesota
My commission expires January 31, 2016
MARK E. BERRIMAN
NOTARY PUBLIC
MINNESOTA
y Jan. 51, 2016
Exhibit "A"
Exhibit "B"
PROPOSED 5.00' WIDE RAILROAD RIGHT-OF-WAY PARCEL:
(to be conveyed to St Croix Preservation Co., Ltd. by the City of Stillwater)
All that part of the Burlington Northern and Santa Fe Railway Company's
(formerly Northern Pacific Railway Company) Station Ground property sit-
uated in Government Lots 2 and 3 of Section 28, Township 30 North, Range
20 West, Washington County, Minnesota, and all that part of Block 18, of
the Original Town, now City of Stillwater, on file and of record as Document
No. 416049, Washington County records, bounded and described as fol-
lows, to wit:
On the westerly side by the westerly right-of-way line of said Railway
Company's Station
Ground property; on the easterly side by a line drawn parallel with and 5.00
feet easterly of said westerly right-of-way line; on the southerly side by the
northerly line of Myrtle Street as shown on said recorded plat of the Original
Town, now City of Stillwater and on the northerly side by a line drawn par-
allel with and 43.88 feet southerly of an easterly projection of the northerly
line of Commercial Avenue, as the same is described in Book "V" of Deeds,
Page 384, in said Office of the County Recorder.
Subject to a public sidewalk, utility, and roadway easement over, under and
across the southerly 9.9 feet of the above described parcel.
Subject to and together with any other valid easements, reservations or
restrictions.
Notes:
The above described parcel is part of an overall tract of land described on
Exhibit "A" of Doc. No. 3171150, Wash. Co. records. This Quit Claim Deed
contains dimensional and plat reference errors and contains numerous
exclusions and references to the property being sold "AS -IS WITH ALL
FAULTS". The above Proposed Description is based on the actual track
location as located by me in 1990+-. No Title opinion or abstract was pro-
vided to Stack Land Surveying for the preparation of this description.
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
/s/ Barrett M. Stack
Barrett M. Stack
Date: 10-2-2011 License No. 13774
(Oct. 6, 2011) Ordinance 1040