HomeMy WebLinkAbout2013-134 RESOLUTION NO. 2013-134
APPROVING OFFER TO SELL AND
MEMORANDUM OF CONDITIONS
BE IT RESOLVED, by the City Council of Stillwater, MN that offer to sell and
memorandum of conditions between the City of Stillwater and State of Minnesota,
Department of Transporation , as on file with the City Clerk, is hereby approved and
authorizes the Mayor and City Clerk to sign the associated documents.
Adopted by the City Council of the City of Stillwater this 20th day of August, 2013.
it434/1 -42-10•- - ---
Micha 1 Polehna, Vice Mayor
ATTEST:
Diane F. Ward, City Clerk
Office of Land Management(2-9e) RECOMMENDED FOR APPROVAL
STATE OF MINNESOTA
• DEPARTMENT OF TRANSPORTATION
Supervisor of Direct Purchase
APPROVED
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS By
•
C.S.: 8214 (36=118) 906 Parcel: 21 County: Washington
Owners and addresses: City of Stillwater, Mayor, Stillwater City Hall, 216 Fourth Street, Stillwater,
Minnesota, 55082;
For a valuable consideration, on this 20th day of August , 2013 ,the undersigned
owners hereby offer to sell and convey to the State of Minnesota for a total consideration of
Sixteen thousand and no/100 Dollars ($16,000. )afeesimpletitletothe
real estate or an interest therein situated in Washington County, Minnesota,described in the copy of the
instrument of conveyance hereto attached.
The undersigned parties have this day executed an instrument for the conveyance of the aforesaid
real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to
the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and
convey is accepted in writing by the Office of Land Management of the Minnesota Department of
Transportation within 30 days from the date of this offer. Such notice of acceptance shall be by
certified mail directed to the address appearing after our signatures hereto. If this offer is not so
accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall
forthwith be returned to the undersigned owners.
If this offer is accepted it is mutually agreed by and between the owners and the State as follows:
(1) Possession of the real estate shall transfer to the State 5 days after the date of
acceptance. The owners shall have the right to continue to occupy the property or to rent same to the
present occupants or others until the date of transfer of possession. Any change in occupancy shall be
subject to approval and concurrence by the State. On or before the date for transfer or possession the
owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be
vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of
same. No buildings appurtenances or other non-personal items or fixtures will be removed from the
premises by the owners or renters, including plumbing and heating fixtures,etc. The owners shall notify
the Department of Transportation as soon as the improvements are vacated. The owners will maintain
the improvements during their period of occupancy and will make all necessary repairs at their own
expense. The State's prospective bidders for the purchase or demolition of the improvements on the
property shall have the right of entry for inspection purposes during the last 10 days of possession by the
owners.
(2)Title to said real estate shall pass to the State of Minnesota as of the.date of said acceptance
subject to conditions hereinafter stated.
(3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and
windstorm in the amount of present coverage or if none in force then in an amount not less than the
current market value during the entire period of the owners'occupancy of the buildings on the real estate,
such policy or policies of insurance to be endorsed to show the State's interest.
(4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages(if any)
on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of
Minnesota to satisfy said mortgage(s)shall be deducted from the amount to be paid to the owners under
the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s)shall
include interest on the mortgage(s)to date that payment is made to the mortgage holder.
(5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is
encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of
mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in
payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage
must be paid for by the owners.
(6)The owners will pay all delinquent(if any)and all current real estate taxes,whether deferred or
not,which are a lien against the property. Current taxes shall include those payable in the calendar
year in which this document is dated. The owners will also pay in full any special assessments,
whether deferred or not, which are a lien against the property. The owners will also be responsible for
and will pay in full any pending special assessments. The owners' obligation to pay deferred and
pending taxes and assessments shall continue after the sale and shall not merge with the delivery and
acceptance of the deed.
(7) If encumbrances, mechanics liens or other items intervene before the date the instrument of
conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to
validity and amount and payment thereof authorized by the owners,said instrument of conveyance shall
be returned to the owners.
(8) Payment to the owners shall be made in the due course of the State's business after payment
of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The
owners will not be required to vacate the property until the owners have received payment.
(9) No payments shall be made of any part of the consideration for said sale until marketable title
is found to be in the owners and until said instrument of conveyance has been recorded.
(10)The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed
by them on this date, and a copy of this offer and memorandum.
(11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances
belonging to the premises including:
OWNERS
CITY OF STILLWATER
By
Its Mayor
And
Diane F. Ward
Its City Clerk
(Address of Owner where acceptance is to be mailed.)
•
MINNESOTA DEPARTMENT OF TRANSPORTATION AZIMUTH H ORIENTATION ore orlDGRIDL
Plat azimuths o Arlen GRI TT
0 minutes 0 seconds being"GE
RIGHT OF WAY PLAT NO . 82- 123
CONTROL SECTION NO. 8214(36=451906 SURVEY STANDARDS
IN GOVERNMENT LOTS 2 AND 3 SECTION 34, T.30 N., R.20W., I. The plot values. azimuths.
WASHINGTON COUNTY, MINNESOTA 2. The boundary monuments show
devlot Ion for the m n m ont
3. The county coordinates shox
RIGHT OF WAY IN SECTION 34 4. For details of this survey
PARCEL -PERMANENT - Tronsportotlonl ME
OWNER LA,R/, ORAINAOE EASEMENT
EASEMENTi PERMANENT
LOCATION FASEYENI
SO.FT.(MORE OR LESS) EXPIRES ON INTEREST
PORT OF SUNNYSIDE CLUB, INC., GOV'T LOT 3 26139 3961 12-01-20 FEE
22 FORMERLY KNOWN AS Section Una _
158 CLUB Ouorter Line
Sixteenth Line
Property Line
RIGHT OF WAY IN SECTION 34 AND HERSEY STAPLES & CO'S ADD. R/W Boundary R/W e.
Existing D.O.T. R/W Line
GOV'T LOTS 263 5986 30686 PERMIT 12/01/20 FEE And Other Rood R/W
21 CITY OF STILLWATER LOTS 1-5 PrivatedEasement
•
BLOCK 1 Temporary Easement _
Building Removal Easement
NOTE: TEMPORARY COMMISSIONER'S ORDERS IN PUBLIC ROADS WILL EXPIRE ON 12-01-20 DISTANCES SHOWN TO FEET (66, 8
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D DISTRIBUTION LINE 22 89°56'20"
T.E. BY PERMIT / EASEMENT TO NSP BOOK T.E. BY PERMIT 612328 612348 208.36 63°43'03" 612419 61
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PARCEL 21 ACCESS 6 UTILITIES 323 PAGE 240&241 PARCEL 21 812348 812349 93.02 154°47'11" 812350 BI
EASEMENT DOCUMENT I 812349 812329 17.81 243°43'03" 612351 81
NO. 455541
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE
324 MAN STREET SOUTH • SUITE#260 • STILLWATER,MN 55082-5165
TELEPHONE: (651)439-9464 • FACSIMILE: (651)439-5641
W WW.MAGNUSONLAWFIRM.COM
DAVID T.MAGNUSON DTMAGNUSON @MAGNUSONLAWFIRM.COM
TO: Mayor, City Council and Staff
FROM: David T. MagnusonOI V ATTORNEY-CLIENT PRIVILEGED
DATE: May 7,2013
RE: MnDOT Offer
Several years ago, when prospects of a new bridge were remote, the City signed a Memorandum
of Understanding with Mndot that, among other things, granted temporary easements and access
across City property to MnDOT and its contractors for work connected with a new bridge.
However, that agreement did not anticipate that in November of 2012 the City was obligated to
pay the Union Pacific Railroad, $16,000 for the salvage value of track and ballast that remained
on the reach of track that the City previously purchased. City staff has been working with
MnDOT to reach agreement on reimbursement for this expenditure.
MnDOT has now agreed to pay the City $16,000 for a parcel that is owned by the City, but is
and has been used by the State as part of STH 95. The attached map shows the parcel in red, and
the two drainage easements the will carry storm water to the river in buried pipes. Although the
method is indirect, it nevertheless is a fair process for reimbursement for the funds paid to the
UP.
DTM/jp
Folder No.458-81
BILL OF SALE
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation("Seller"),
for and in consideration of One Dollar($1.00)and other valuable consideration does hereby sell,
transfer and deliver to the City of Stillwater, a municipal corporation("Buyer"),its successors
and assigns,the following described personal property,to wit:
Rail,ties, other track material and ballast located between Milepost 4.69 to
Milepost 5.50, on the Stillwater Industrial Lead, a distance of 0.81 miles in
Washington County,Minnesota which is more particularly described and shown
on Exhibit A, attached hereto and hereby made a part hereof.
SELLER,BY THIS INSTRUMENT,MAKES NO WARRANTY OF ANY
KIND,EXPRESS OR IMPLIED,AND FURTHER MAKES NO WARRANTY AS TO THE
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,IT BEING
UNDERSTOOD THAT THE BUYER IS PURCHASING THE PERSONAL PROPERTY
DESCRIBED ABOVE IN AN "AS IS"AND "WHERE IS" CONDITION WITH ALL FAULTS,
AND ASSUMES ALL RISKS IN CONNECTION THEREWITH,ACKNOWLEDGING THAT
BUYER HAS EXAMINED THE PERSONAL PROPERTY AND KNOWS ITS CONDITION.
Seller does not convey or intend to convey by this Bill of Sale any right,title,
estate or interest whatsoever in or to the real property on which the Personal Property is situated.
IN WITNESS WHEREOF,the Seller and Buyer have each duly executed this
instrument as of the 13th day of November,2012.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation, Seller
By 0 �+
Title:
Assi t Vice President—Real Estate
CITY OF STILLWA'1'ER,
a municipal corporation,Buyer
By `► eje --11,"tlit
Title:
c:\docume-1\1and211\locals'l\temp\notes360cbb\ 4338918.doc
•
4
EXHIBIT"A"
•
An irregular shaped strip or parcel of land situate in the EASE'/of Section 28,SW1/4SW'/of
Section 27,NW'/4 and the N1/2 E'/4SW'/4 of Section 34 all in Township 30 North,Range 20 West of the
4th Principal Meridian within Stillwater,Washington County,Minnesota,said parcel being more
particularly described as follows:
•
COMMENCING at the most westerly corner of Lot 11,Block 28 of the Original Town of
Stillwater,according to the perfected plat of the City of Stillwater,recorded as Document No.41609 in
the office of the county records,Washington County,Minnesota,said corner being in the northeasterly
line of Main Street,66.00 feet wide;
thence S50°00'00"E,along said northeasterly line,a distance of 140.00 feet to the northwesterly
corner of that certain parcel of land as heretofore conveyed to Northeast Oil Products,Inc.by Chicago,
St.Paul,Minneapolis and Omaha Railway Company(predecessor to Union Pacific Railroad Company)
by Quitclaim Deed dated October 5, 1970 and being further identified in the records of said railroad
company as Deed No.76240; •
thence N54°30'00"E,along the northwesterly line of said conveyed parcel and the northwesterly
line of that secondly described parcel of land as heretofore conveyed to St. Croix Boat&Packet
Company by Chicago and North Western Transportation Company(predecessor to Union Pacific
Railroad Company)by Quitclaim Deed dated March 31, 1993 and being further identified in the records
of said railroad company as Deed No.87146,parallel with the northwesterly line of said lot,a distance of
186.70 feet to the TRUE POINT OF BEGINNING;
thence continuing N54°30'00"E,parallel with the northwesterly line of said lot,a distance of
31.13 feet to the northwesterly corner of that firstly described parcel of land as heretofore conveyed to
Dock Cafe.Corporation by Chicago and North Western Transportation Company(predecessor to Union
Pacific Railroad Company)by Quitclaim Deed dated May 20, 1993 and being further identified in the
'•• records of said railroad company as Deed No.87186;
thence S36°47'24"E,along the westerly line of said conveyed parcel,a distance of 98.37 feet to a
point in a non-tangent curve,concave southwesterly,having a radius of 988.47 feet,said point being 9.00
feet distant southwesterly,as measured radially,from the centerline of the main track of Union Pacific
Railroad Company,as presently constructed and operated;
thence northwesterly along said curve and the easterly line of said conveyed parcel,concentric
with and 9.00 feet distant southwesterly,as measured radially,from said centerline of said main track,
through a central angle of 02°33'21" and an arc distance of 44.10 feet;
thence N31°53'03"W,along said easterly line of said conveyed parcel parallel with and 9.00 feet
distant southwesterly,as measured at right angles,from the centerline of said main track,a distance of
54.52 feet;
thence N54°30'00"E,parallel with the northwesterly line of said Lot 11,a distance of 18.04 feet
to the northwesterly corner of that thirdly described parcel of land as heretofore conveyed to Dock Cafe
Corporation by aforesaid railroad company's Deed No. 87186, said corner being 9.00 feet distant
northeasterly, as measured at right angles,from said centerline of said main track;
thence S31°53'03"E,along the westerly line of said conveyed parcel parallel with and 9.00 feet
distant northeasterly, as measured at right angles,from said centerline,a distance of 55.66 feet to the
•
•
beginning of a tangent curve,concave southwesterly,having a radius of 1,006.47 feet,and the
northwesterly corner of the fourthly described parcel of land as heretofore conveyed to Dock Cafe
Corporation by aforesaid railroad company's Deed No. 87186;
thence southeasterly along said curve and the westerly line of said conveyed parcel,concentric
with and 9.00 feet distant northeasterly,as measured radially,from said centerline, through a central
angle of 03°03'13"and an arc distance of 53.64 feet
thence N67°5 1'06"E,along the southeasterly line of said conveyed parcel,a distance of 78.00
feet,more or less,to the southwesterly shore line of Lake St.Croix;
thence southeasterly,along said shore line and the northeasterly line of that certain parcel of land
as heretofore acquired by the St.Paul,Stillwater and Taylor Falls Railroad Company(predecessor to
Union Pacific Railroad Company)from Alphus B. Stickney,et ux by Quitclaim Deed dated May 7, 1875,
recorded May 12, 1875 in Book V,Page 549 of the Deed Records of Washington County,Minnesota,to
the northeasterly corner of that certain parcel of land as heretofore acquired by aforesaid Chicago, St.
Paul,Minneapolis and Omaha Railway Company from Alphus B. Stickney,et ux by Quitclaim Deed
dated February 3,T888,recorded May 10;r8$ m oo age of said cau y records;
thence southeasterly,along said shore line and the northeasterly line of the hereinabove secondly
acquired parcel and the northeasterly line of that certain parcel of land as heretofore acquired by said St.
Paul,Stillwater and Taylor Falls Railroad Company from Alphus B.Stickney,et ux by Deed dated May
20, 1874,recorded May 27, 1874 in Book X,Page 568 of said county records,to the northeasterly corner
of firstly described parcel of land as heretofore conveyed to St.Croix Boat&Packet Company by the
hereinabove railroad company's Deed No.87146;
thence N31°31'00"W,along the northeasterly line of said conveyed parcel,a distance of 152.00
feet,more or less,to a point 9.00 feet distant northeasterly,as measured at right angles,from aforesaid
centerline of said main track;
thence S22°08'54"E,along the southwesterly line of said conveyed parcel parallel with and 9.00
feet distant northeasterly,as measured at right angles,from said centerline,a distance of 286.12 feet to
the south line of that certain parcel of land as heretofore acquired by aforesaid St.Paul, Stillwater and
Taylor Falls Railroad Company from C.J.Butler,et ux and Isaac Gray by Quitclaim Deed dated
November 22, 1871,recorded July 19, 1872 in Book V,Page 299 of aforesaid county.records;
thence due west,along said south line and the north line of the firstly described parcel of land as
heretofore acquired by aforesaid Chicago,St.Paul,Minneapolis and Omaha Railway from the City of
Stillwater by Warranty Deed dated February 27, 1933,recorded March 22, 1933 in Book 100,Page 261
of aforesaid county records,to the northeasterly corner of that certain parcel of land as heretofore
acquired by aforesaid St.Paul, Stillwater and Taylor Falls Railroad Company from Roscoe F.Hersey,et
al.by Indenture dated August 5, 1878,recorded October 18, 1879 in Book 6 of Deeds,Pages 67 through
70 of aforesaid county records;
thence southeasterly,along the northeasterly line of said acquired parcel,to the northwesterly
corner of that certain 19.00 foot wide strip of land as heretofore acquired by aforesaid Chicago,St.Paul,
Minneapolis and Omaha Railway from City of Stillwater by said Warranty Deed dated February 27,
1933,said strip being the fifthly described parcel in said deed;
thence northeasterly,perpendicular to last described course along the northeasterly line of said
strip,a distance of 19.00 feet to the northeasterly corner of same,said corner being 30.00 feet distant
northeasterly,as measured radially,from aforesaid centerline of said main track;
thence southeasterly,along the northeasterly line of said strip,concentric with and 30.00 feet
distant northeasterly,as measured radially,from aforesaid centerline of said main track,a distance of
136.80 feet,more or less,to a point in the northwesterly line of that fourthly described strip of land in
said Warranty Deed from the City of Stillwater;
thence northeasterly,perpendicular to last described course along the northwesterly line of said
fourthly described strip,a distance of 20.00 feet to the northeasterly corner of same,said corner being
•
•
50.00 feet distant northeasterly,as measured radially,from aforesaid centerline of said main track;
thence southeasterly,along the northeasterly line of said fourthly described strip,concentric with
and 50.00 feet distant northeasterly,as measured radially,from aforesaid centerline of said main track,to
a point on the section line between Sections 27 and 34;
thence southeasterly,continuing along the northeasterly line of said fourthly described strip
concentric with and 50.00 feet distant northeasterly,as measured radially and/or at right angles,from
aforesaid centerline of said main track,to the southeasterly corner of same;
thence southwesterly,along the southeasterly line of said fourthly described strip,to the
northeasterly corner of the thirdly described strip of land acquired by said Warranty Deed from said City
of Stillwater,said corner being 20.00 feet distant northeasterly,as measured at radially,from aforesaid
centerline of said main track;
- -.thence southeasterly,along the northeasterly line of said thirdly described strip,to the southeast
corner of same;
thence southwesterly along the southeasterly line of said thirdly described strip to a point in the
northeasterly line of that certain 30.00 foot wide strip of land as heretofore acquired by said Warranty
Deed from said City of Stillwater,said strip being the secondly described in said deed;
thence southeasterly,along the northeasterly line of said secondly described strip,a distance of
124.30 feet to a point in that certain parcel or strip of land as heretofore acquired by the aforesaid St.
Paul,Stillwater and Taylor Falls Railroad Company from Roscoe F.Hersey,et al.by Bargain and Sale
Deed dated August 5, 1878,recorded October 18,1879 in Book No.6 of Deeds,Pages 67 through 70 of
said deed records,said point being 11.00 feet distant northeasterly,as measured at right angles,from
aforesaid centerline of aforesaid main track;
thence southeasterly,parallel with and 11.00 feet distant northeasterly,as measured at right
angles,from said centerline to a point in the south line of Lot 2 of aforesaid Section 34,said point being
the northeasterly corner of that certain strip of land as heretofore acquired by aforesaid St.Paul,
Stillwater and Taylor Falls Railroad Company from Samuel Hersey,et al.by Quitclaim Deed dated
October 17, 1872,recorded March 21, 1874 in Book V,Page 446 of said deed records;
thence continuing southeasterly,along the northeasterly line of said acquired strip parallel with
and 11.00 feet distant northeasterly,as measured at right angles,from said centerline to a point in the
westerly prolongation of the north line of Lot 5,Block 1 of Hersey Staples and Company Addition to said
City of Stillwater;
thence east,along said westerly prolongation,to a point 31.00 feet distant northeasterly,as
measured at right angles,from said centerline,said point being in the north tine of said Lot 5;
thence southeasterly,parallel with and 31.00 feet distant northeasterly,as measured at right
•
angles,from said centerline to a point on the north line of Lot 4 of said Section 34,said point being the
northeast corner of that certain parcel of land as heretofore acquired by aforesaid St.Paul,Stillwater and
Taylor Falls Railroad Company from Samuel Hersey,et al.by Quitclaim Deed dated November 21, 1871,
recorded March 3, 1872 in Book Y,Pages 420 to 422 of said deed records;
thence continuing southeasterly,parallel with and 31.00 feet distant northeasterly,as measured at
right angles,from said centerline to a point 50.00 feet distant southerly,as measured at right angles,from
said north line of said Lot 4 of said Section 34;
thence west,parallel with and 50.00 feet distant southerly,as measured at right angles,from said
north line of said Lot 4 of said Section 34,to a point on the.northeasterly line of that certain parcel or strip
of land as heretofore conveyed to the State of Minnesota from aforesaid Chicago,St.Paul,Minneapolis
and Omaha Railway Company by Quitclaim Deed dated January 23, 1969 and being further identified in
the records of said railroad company as Deed No.75146,said point being 19.00 feet distant
southwesterly,as measured at right angles,from aforesaid centerline;
thence northwesterly,along the northeasterly line of said conveyed parcel parallel with and 19.00
feet distant southwesterly,as measured at right angles,from aforesaid centerline to said north line of said
•
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•
Lot 4 and the southwest corner of that certain parcel of land as heretofore acquired by aforesaid St.Paul,
Stillwater and Taylor Falls Railroad Company from Isaac Staples et ux by Quitclaim Deed dated
December 19, 1872,recorded March 21, 1874 in Book X,Page 521 of said deed records;
thence northwesterly,concentric with and 19.00 feet distant southwesterly,as measured at right
angles and/or radially,from aforesaid centerline to the most northerly point of that certain parcel of land
as heretofore conveyed to the State of Minnesota by aforesaid Chicago,St.Paul,Minneapolis and Omaha
Railway Company by Quitclaim Deed dated October 3, 1932 and being further identified in the records of
said railroad company as Deed No.2563-B,said point being 19.00 feet distant southwesterly,as
measured at right angles,from aforesaid centerline,and also,being in the southeasterly line of that certain
parcel or strip of land as heretofore acquired by aforesaid deed from Roscoe F.Hersey,et al.dated
August 5, 1878;
thence northwesterly,along the southwesterly line of said acquired strip,to the southwesterly
corner of that secondly described parcel of land as heretofore conveyed to aforesaid St.Croix Boat and
Packett Company-by aforesaid railroad company's_Deed No. 87146,said_corn er being on the easterly line
of Lot 4 of said Section 28;
thence N00°23'46"E,along the easterly line of said Lot 4 of said Section 28 and the easterly line
of said conveyed parcel, a distance of 8031 feet,more or less,to a point on a non-tangent curve,concave
northeasterly,having a radius of 1,697.10 feet,said point being 9.00 feet distant southwesterly,as
measured radially,from aforesaid centerline of aforesaid main track;
thence northwesterly,along the northeasterly line of said conveyed parcel concentric with and
9.00 feet distant southwesterly,as measured radially,from said centerline and along said curve through a
central angle of 01°44'20"and an arc distance of 51.50 feet,more or less;
thence N22°08'54"W,continuing along said northeasterly line parallel with and 9.00 feet distant
southwesterly,as measured at right angles,from said centerline,a distance of 37631 feet to the
beginning of a tangent curve,concave southwesterly,having a radius of 988.47 feet and a chord bearing
N23°16'00"W;
thence northwesterly,continuing along said northeasterly line concentric with and 9.00 feet
distant southwesterly,as measured radially,from said centerline and along said curve through a central
angle of 02°14'13"and an arc distance of 38.59 feet,to the southerly corner of that secondly described •
parcel of land as heretofore conveyed to aforesaid Dock Cafe Corporation by aforesaid railroad
company's Deed No. 87186,said corner being on a curve,concave southwesterly,having a radius of
988.47 feet and a chord bearing N25°20'026"W;
thence continuing northwesterly,along the northeasterly line of said conveyed parcel concentric
• with and 9.00 feet distant southwesterly,as measured radially,from said centerline and along said curve
through a central angle of 01°54'38"and an arc distance of 32.96 feet to the northerly corner of said
conveyed parcel;
thence S22°44'00"E,along the northwesterly line of said conveyed parcel,a distance of 27.10 feet
to a point on the northeasterly line of aforesaid secondly described parcel of land as heretofore conveyed
to aforesaid St.Croix Boat and Packett Company by aforesaid railroad company's Deed No. 87146;
thence N39°45'00"W,along said northwesterly line of said conveyed parcel,a distance of 106.00
feet
thence N45°30'00"W, continuing along said northwesterly line of said conveyed parcel,a
distance of 72.00 feet to TRUE POINT OF BEGINNING.
Containing an area of 201,134 square feet or 4.617 acres,more or less.
Office of Real Estate
Omaha,Nebraska
April 27, 1998 •
Revised:July 21, 1998
Written by:DDB
stillwat.mn
458-81
Office of Land Management(2-98) RECOMMENDED FOR APPROVAL
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
Supervisor of Direct Purchase
APPROVED
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS By
•
C.S.: 8214 (36=118) 906 Parcel: 21 County: Washington
Owners and addresses: City of Stillwater, Mayor, Stillwater City Hall, 216 Fourth Street, Stillwater,
Minnesota, 55082;
For a valuable consideration, on this day of , ,the undersigned
owners hereby offer to sell a d convey to the State of Minnesota for a total consider tion of
S' y-r-2-ecA. li.cvSaKd Dollars ($ 0 ee simple title to the
real estate or an interest therein situated in Washington County, Minnesota, described in the copy of the
instrument of conveyance hereto attached.
The undersigned parties have this day executed an instrument for the conveyance of the aforesaid
real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to
the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and
convey is accepted in wr'ti by the Office of Land Management of the Minnesota Department of
Transportation within U days from the date of this offer. Such notice of acceptance shall be by
certified mail directed to the address appearing after our signatures hereto. If this offer is not so,
accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall
forthwith be returned to the undersigned owners.
If this offer is accepted it is mutually agreed by and between the owners and the State as follows:
(1) Possession of the real estate shall transfer to the State 4(A r the date of
acceptance. The owners shall have the right to continue to occupy the property or to rent same to the
present occupants or others until the date of transfer of possession. Any change in occupancy shall be
subject to approval and concurrence by the State. On or before the date for transfer or possession the
owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be
vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of
same. No buildings appurtenances or other non-personal items or fixtures will be removed from the
premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify
the Department of Transportation as soon as the improvements are vacated. The owners will maintain
the improvements during their period of occupancy and will make all necessary repairs at their own
expense. The State's prospective bidders for the purchase or demolition of the improvements on the
property shall have the right of entry for inspection purposes during the last 10 days of possession by the
owners.
(2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance
subject to conditions hereinafter stated.
(3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and
windstorm in the amount of present coverage or if none in force then in an amount not less than the
current market value during the entire period of the owners'occupancy of the buildings on the real estate,
such policy or policies of insurance to be endorsed to show the State's interest.
(4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any)
on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of
Minnesota to satisfy said mortgage(s)shall be deducted from the amount to be paid to the owners under
the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s)shall
include interest on the mortgage(s) to date that payment is made to the mortgage holder.
(5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is
encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of
mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in
payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage
must be paid for by the owners.
(6)The owners will pay all delinquent(if any)and all current real estate taxes,whether deferred or
not, which are a lien against the property. Current taxes shall include those payable in the calendar
year in which this document is dated. The owners will also pay in full any special assessments,
whether deferred or not, which are a lien against the property. The owners will also be responsible for
and will pay in full any pending special assessments. The owners' obligation to pay deferred and
pending taxes and assessments shall continue after the sale and shall not merge with the delivery and
acceptance of the deed.
(7) If encumbrances, mechanics liens or other items intervene before the date the instrument of
conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to
validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall
be returned to the owners.
(8) Payment to the owners shall be made in the due course of the State's business after payment
of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The
owners will not be required to vacate the property until the owners have received payment.
(9) No payments shall be made of any part of the consideration for said sale until marketable title
is found to be in the owners and until said instrument of conveyance has been recorded.
(10)The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed
by them on this date, and a copy of this offer and memorandum.
(11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances
belonging to the premises including: 451_ ( rd G- 4 ( C
6 I
OWNERS
CITY OF STILLWAT R
By
Its ✓ ��/,o
F
And ,- : � r .� y � (__,
Its / L / lit /A, _._.
(Address of Owner where acceptance is to be mailed.)
� �/� mere, ��
•
QUITCLAIM DEED
STATE DEED TAX DUE HEREON: $ C.S. 8214 (36=118) 906
Parcel 21
Date: County of Washington
•
For and in con ideration of the sum of
�L�c*e U Ststit Dollars ($ O($4,-0-710..cy0
City of Stillwater, a municipal corporation under the laws of the state of Minnesota, Grantors,
hereby convey and quitclaim to the State of Minnesota, Grantee, real property in Washington
County, Minnesota, described as follows:
All of the following:
That part of Lots 1 through 5, Block 1, Hersey Staples and Co's Addition to
Stillwater and Government Lot 3, Section 34, Township 30 North, Range 20
West, shown as Parcel 21 on Minnesota Department of Transportation Right of
Way Plat Numbered 82-123 as the same is on file and of record in the office of
the County Recorder in and for Washington County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 21:
Drainage Easement:
A drainage easement in perpetuity as shown on said plat as to said Parcel 21
and designated as a drainage easement;
containing 0.31 acre, more or less, in the unplatted portion thereof.
together with all hereditaments and appurtenances belonging hereto.
CITY OF STILLWATER
nom.
y"r
By < ' „
eV
Its / / i' "...
And
Its
Page 1 of 2
STATE OF MINNESOTA )
)SS.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of
, , by and
, the and
of City of Stillwater,a municipal corporation under
the laws of the state of Minnesota, on behalf of the municipal corporation.
NOTARY PUBLIC
My commission expires:
This instrument was drafted by the Send tax statements to Grantee:
State of Minnesota, Department of State of Minnesota
Transportation, Metro Right of Way, Department of Transportation
Roseville, MN 55113 METRO DISTRICT RIGHT OF WAY
1500 W. County Road B2
Roseville, MN 55113
•
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