ITEM 1 Warehime Properties LLCTY 0
ot C1 e F 0
MINNESOTA Og
L/
DEPARTMENT INFORMATION
Request for
City Council Action
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Legal
And y MacArthur, City Attorney
October 28, 2013
PRE SENTER(s):
REVIEWED BY:
ITEM M
City Attorney
City Administrator
owner in 2007 to obtain an easement and to proposed vacation of the unneeded State turnback
AGENDA ITEM DETAII
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RECOMMENDATION:
Council approval of vacation of roadway turnback property and conveyance to Warehime Properties,
LLC in exchange for easement over existing roadway.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A P U BLIG HEARING REQU IREO?
No
Yes
13AC KGROU N D/J USTI F ICATION:
In 2006 the State of Minnesota turned back certain properties to the City from the State project on
Highway 101 from 1998. At the same time the City constructed Queens Avenue and realigned a portion
of the roadway on the property currently owned by Warehime Properties, LLC. Staff contacted the
owner in 2007 to obtain an easement and to proposed vacation of the unneeded State turnback
property back to the subject property. The previous owner never followed through and the property
was transferred to War him Properties, LLC which has agreed to sign the easement.
The vacation is subject to a public hearing. The vacation and easement will authenticate on paper what
already exists on the property. The acreage of the turnback and the easement is almost exactly the same
and so it is a fair swap of properties between the landowner and the City of Otsego.
Attached to this document is a Resolution Approving the vacation, a quit claim deed of the turnback
from the City to Warehime Properties, LLC and an easement from war him properties, LLC to the City
as well as a drawing showing the turnback and easement areas.
SUPPORTING DOCUMENTS: X ATTACHED NONE
0 Resolution Approving Vacation
0 Quit Claim Deed
0 Easement
& Drawing of turnback and easement
MOTION: (Please word motion as you would like It to appear In the minutes.)
Motion to approve Resolution No. 2013-56 Approving Vacation of Right of Way in the City of Otsego,
County of Wright- Turnback Property Released by the State of Minnesota Effective March 1, 2007
Pursuant to Release of Trunk Highway No. 1348 (a Portion of 60th Street and Queens Avenue) and
Reserving Existing Utility Easements and Quit Claim Deed conveyance of the same property, subject to
execution and delivery of easement by the property owner.
BUDGET INFORMATION
FUNDING:
NA
ACTION TAKEN
BUDGETED: a YES
o NO
--------- --- ........ .. ... ...................... . . ......
APPROVED AS REQUESTED ❑ DENIED [i TABLED a OTHER (Ust changes)
COMMENTS:
CITY OF OTS GO
COUNTY of WRIGHT
STATE of MINNESOTA
RESOLUTION NO, 2013-56
RESOLUTION A. PROVING VACATION OF PORTION of RIGHT OF WAY
N THE CITY of OTS Go COUNTY of WRIGHT- TLRN ACK PROPERTY
RELEASED BY THE STATE of MINNESOTA EFFECTIVE BCH 1, 2007
PURSUANT To NOTICE of RELEASE of TRUNK HIGHWAY No, 1348 A
PORTION of 60TH
�. STREET AND QUEENSAVENUE) AND RESERVING
EXISTING UTILITY EASEMEl TS
AREAS, the City of Otsego has received a request to vacate the above-described
tumback from the affected propel ower, Warehire properties, LLC; and
WHEREAS, the City received a Notice of Release of Trunk Highway No. 1348
dated February 20, 2007 releasing the property ( a portion of 60flStreet and Queens
.Avenue) from the right of way of State Tnink Highway No. 1 ; and
WH AS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation,- and
WHEREAS, that previous portion of the right of way for Trunk Highway 101
released by the State of Minnesota proposed to be vacated is described and
graphically depleted on attaehed Exhibit A; and
WHEREAS, the City has not located any existing utilities to be Maintained within
the casement area; and
WHEREAS, the City does not need to retain a utility easement for purposes of
sanitary sewer, grater and storm sever; and
WHEREAS, the City Council has determined that vacating the City's roadway
interest in the described portion of the turnback and retaining any private utility
easement gold be in the public interest; and
WHEREAS, the City of Otsego having considered the testimony in favor and
opposed to vacating that portion of the turnb ek so described-, and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 6:30 p.m. on the 28th day of October, 2013 at the Otsego City
Hall; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
WHEREAS, the City Council did meet on the 28th day of October, 2013, at the
Otsego City Hall and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such portion of said
trnback serves no useful purpose; and
WHEREAS, that the rights of utilities currently using the right of way, if any, need
to be preserved,
NOW, THERE ORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
That the portion of that turnback property previously included as part of the Fronk
Highway 1 o right of gra and released b the State of Minnesota a portion of 600'
g � g � �
Street and Queens Avenue located in the City of Otsego, Wright County,
Minnesota, described as follows.-
See
ollows:
See Exhibit A
is hereby vacated, subject to the rights of existing private utilities to maintain urr
utilities within identified areas oft t rnback being vacated.
2. The City Council hereby determines that vacation of said tumback shall cause n
damage to any abutting or ncarby property owners and therefore no damages are
awarded to any such property owners.
Motion for adoption of resolution by � seconded by
at the meeting of the Otsego City Council on the 28th day of
October, 2013.
IN 'AVOR,
PS:
3
CITY OF OTSEGO
Jessica Stca, Mayor
Tari Loff, City Clerk
EXHIBIT A
PARCEL A.
The North 240 feet of the East Half of the Northwest Quarter ofSection 2,
Township 120, Range 23, Wright County, Minnesota, lying easterly of the easterly
right of way line of Minnesota Mate Highway 10 1, subject to the following
described prescriptive road easement:
All that part of the above described PARCEL A. lying 33.00 feet on either side of
Line "A"" described as commencing at the northeast corner of said East Half of the
Northwest Quarter; thence South oo degrees 23 minutes 06 seconds West,
assumed ed bearing along the east line of said East Half of the Northwest Quarter,
557.03 feet to the point of beginning of Lire "A"; thence Forth oo degrees 23
minutes 06 seconds East 238.22 feet; thence northwesterly along a tangential
curve concave to the southwest 469.82 feet, said curve having a radius of 300.00
feet and a central angle of 89 degrees 43 minutes 46 seconds; thence North 89
degrees 20 minutes 41 seconds West 221.76 feet to a point hereafter referred to as
Point "B"' and said Line "X' there terminating. Together with all that pert of the
above described PARCEL A described as lying within the circumference of a
circle with a radius of 60.00 feet and whose center point is the above referred to
RIGHT of WAY:
All that part of the prescriptive road easement over PARCEL A lying southerly of
a line 30.00 feet southerly of a Line "C" described as beginning at the northeast
corner of said East Half of the Northwest Quarter; thence South 89 degrees 45
minutes 43 seconds West, along the north line of said East Half of the Northwest
Quarter, 520.00 feet and said line there terminating, together with that part of said
prescriptive road casement. over PARCEL A. lying outside of the circumference of
a circle with a radi
Commencing at the northeast corner of said East Half of the Northwest Quarter;
thence South 89 degrees 45 minutes 43 seconds West, along the north lire of said
East Half of the Northwest Quarter., assuming the east lire of said East Half of the
Northwest Quarter hears South 00 degrees 23 minutes 06 seconds West, 122.64
feet; thence North 00 degrees 15 minutes 55 seconds East 50.00 feet to the point of
beginning f said Line "B".- thence South 00 degrees 15 minutes 55 seconds West
44.84 feet; thence South 00 degrees 1 5 minutes 55 seconds Nest 44.84 feet.;
thence Southerly along a tangential curve concave to the east 136.14 feet, said
curve having a radius of 650.00 Feet and a central angle of 12 degrees 00 minutes
00 seconds - thence South 11 degrees minutes 05 seconds East 229.20 feet;
thence southerly along a tangential curve concave to the vest 95.07 feet, said
curve having a radius of450.00 feet and a central angle of 12 degrees 06 minutes
16 seconds ; thence South 00 degrees 22 minutes 11 seconds West 150.00 feet and
said Line "B" there terminating.
2
QUIT CLAIM DEED
Deed Tax Due: $1.65
Date .. , 2 1 3
For Valuable Consideration, the CITY OF OTSEGO,., a Minnesota municipal
corporation, Grantor conveys to Warehime Properties, LLC, a Minnesota limited
liability company, real property in Wright County, Minnesota, described as
follows:
See Exhibit A.
Subject to an easement for existing private utilities.
Together with all hereditaments and appurtenances.
The seller certifies that the seller does not know of any wells on the described
property.
The consideration for this transfer is less than $500.00.
CITY of O SEGO
Jessica Stoekap, Mayor
Tams Loff, City Clerk
State ofMinnesota
)SS.
County ofWright
This instrument was acknowledged before me this , 2013 by Jessica
Stoka, Mayor and Tami Loff, City Clerks with authority and on behalf of the
City of Otsego, Minnesota MiLini i al Corporation,, and Grantor.
NOTARY PUBLIC
This instrument was drafted y
Rotum to:
MACARTHUR LAW OFFICE LLC
3601 Thurston Avenue N
Suite 103
Anoka, MN 55303
(763) 231-5850
Tax Statements Should Be Seat
To:
Warcie Properties, LLC
1640160'1' Street Northeast
Otsego, Minnesota 55330
EXHIBIT
PARCELA:
The North 240 feet of the East Half of the Northwest Quarter of Secti
Commencing at the northeast corner of said East Half of the Northwest Quarter;
thence South 89 degrees 45 minutes 43 seconds West, along the north lire of said
East Half of the Northwest Quarter, assuming the east lire of said East Half of the
Northwest Quarter bears South 00 degrees 23 minutes seconds West, 122.64
feet; thence Forth 00 degrees 15 minutes 55 seconds East 50.00 feet to the point of
beginning of said Line "B"'; thence South 00 degrees 15 minutes 55 seconds West
44.84 feet; thence South 00 degrees 15 minutes 55 seconds West 44.84 feet;
thence Southerly along a tangential curve concave to the east 136.14 feet, said
curve having a radius of 650.00 feet and a central angle of 12 degrees 00 minutes
00 seconds ; thence South 1 I degrees 44 minutes 05 seconds East 229,20 Feet;
thence southerly along a tangential curve concave to the west 95,07 feet, said
curve having a radius of 450.00 feet and a central angle of 12 degrees 06 minutes
6 seconds ; thence South 00 degrees 22 minutes 11 seconds West 150.00 feet and
said Lire "B" there terminating.
CITY OF OTSEGO
COUNTY CSF WIGHT
STATE of MINNESOTA
ROADWAY, UTI]LITY ANDDRAINAGE AG ASEME '
Ware ime Properties, LLC, a Minnesota Limited Liability Company, Owner and Grantor
herein, hereby conveys to the City of Otsego, a Minnesota municipal corporation,
Grantee, a perpetual casement for roadway, utility and drainage purposes, along with
right to remove trees, excavate and take all actions necessary to lay, repair replace and
maintain roadway, -utilities and drainage facilities over, under and across the following
described real property located in Wright County, Minnesota:
See Exhibit A.
GRANTOR
WARE HIME PROPER IES, LLC
Jason A. Ware i e, Chief Manager
STATE OF MINNESOTA
)ss
COUNTY OF WRIGHT )
Subscribed and sworn before me this day o
2013 by Jason A. Ware ime, Chief Manager
of Warehilrne Properties, LLC Kith authority and on behalf
of the company, Grantor,
DRAFTEDNOTARYPUBLIC
Y:
MACARTHUR LAW [OFFICE, ITC
3601 Thurston Avenue North
Suite 103
Anoka, NM 55303
763-231-5850
2
EXHIBIT A
PARCEL A.
The North 240 feet of the Fast Half of the Northwest Quarter of Section 2,
Township 120, Range 23, Wright County, Minnesota, lying easterly of the easterly
right of way lire of Minnesota State Highway 101, subject to the following
described prescriptive road easement:
All that part of the above described PARCEL A lying 33.00 feet on either side of
Line A" described as commencing at the northeast corner of said East Half of the
Northwest Quarter; thence South 00 degrees 23 minutes 06 seconds 'lest,
assumed bearing along the east line of said East Half of the Northwest Quarter.,
557.03 feet to the point of beginning of Line "A"; thence Forth 00 degrees 2
minutes 06 seconds East 238.22 feet,- thence northwesterly along a tangential
curve concave to the southwest 469.82 feet, said curve having a radius of 300.00
feet and a central angle of 89 degrees 43 minutes 46 seconds, thence North 89
degrees 20 minutes 41 seconds West 221.76 feet to a point hereafter referred to as
Point "B"' and said Line "A" there terminating. Together with all that part of the
above described PARCEL A. described as lying within the circumference of a
circle with a radius of 60,00 feet and whose center point is the above referred to
Point "B
ROAD EASEMENT
permanent easement for road and utility purposes over, under and across the
above described PARCEL A described as lying northeasterly of a line 33.00 feet
northeasterly of the above described Line "A", together with that part of said
PARCEL A described as lying westerly of a line 33.00 feet westerly of the above
described Line "A" and easterly of the following described Line "B".
Commencing at the northeast corner of said East Half of the Northwest Quarter;
thence South 89 degrees 45 minutes 43 seconds West, along the north lire of said
East Half of the Northwest Quarter, assuming the cast line of said East Half of the
Northwest Quarter bears South oo degrees 23 minutes 06 seconds guest, 122.64
feet; thence North oo degrees 15 minutes 55 seconds East 50*00 feet to the point o
beginning of said Line "'B"; thence South 00 degrees 15 minutes 55 seconds West
44.84 feet; thence South 00 degrees 15 minutes 55 seconds West 44,84 feet;
thence Southerly along a tangential curve concave to the east 136.14 feet, said
curve laving a radius of 650.00 feet and a central angle of 12 degrees 00 Minute
00 seconds ; thence South 1 I degrees 44 minutes 05 seconds East 229.20 Feet;
thence southerly along a tangential curve concave to the west 95.07 feet, said
curve having a radius of 450.00 feet and a central angle of 12 degrees 06 minutes
16 seconds; thence South 00 degrees 22 minutes 11 seconds West 150.00 feet and
said Line "B" there terminating.
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TuTnback Exhibit
ri 101,
City of Otsego
PIN; 118802022102
FARM A:
The Ncdh 240 fejt of Lha Fort Hdf of tt #ri;Mwest Quarter of Section 2.
7cwrsNp 120, Longa 23, t Counter* L-yw.Giota, ewte€fy of the
easterly rbght� of gay F'r,o OrMncscta Skate Wsh�ay�o. 101, subject to the
foYo�I p es kfre road e�xsecrEenl:
Al that park of the 95at)3 Grp a4,J PAR.M A bJ,,g 3L3.00 fest on cith-er side
of L .e "A'r descrit.--d o oorcar�eroa of the n"Vacst corner of &$d East Fiat#
Of tfiB Ort}i3fe3k rtCr; tFlGflfi$ wG`J h00 e reel 23 r6l:Ates CG seconds
West, css-n-,ed bearkr1 dwq tJes cast Ise of aid €est Hoff of the IWLN-Ke9t
Q�"ter, 557,43 feat to the p*it of begnr of tis W; thence Werth 00
degrees 23 mlr,.,ites 06 st cavAs Earot 23&22 feet; ih ce n cekkuestady long a
tc r.nW A c rs-a toac-�Nv to the j-0ovthwe5t 469.82 feet, s ld cmc haVAg a
raewws of 344.00 feet orad o centrol cng!e of 89 degrees rnhdes 46
sods; #ham ftth 89 gees 20 rr tee 41 s:;c,nda Weak M.76 feet to
o pout hsrCstarter referred to a Foam re and sand tine W these tsar' -A rig.
Tac••� eether wM dJ that perk of the o•,a etscrbM PAR I. des t d cs l g
tr"thh Ve ckcvmfesence of a a;rde with a roTus of x4.08 feet and vkhv,:%
tenter p Znt Is tVo abow referred to Pont 'a.
Wt of Vky Tim bac
A.I Q.ot peat of the pres +p Me re, i cower t over Parcel A lyra s"thariy of
a rsi� 30,00 feqR's�uthoy of a Llr:e %' d-gerb d os t nhg at the
n#F st cGrner of sd-d tz5t Hdf of the Nortbwf;A Quarter; V'W" South 59
&grees 45 rr.?s . res 43 seconds Wes4 dc* -,g tY& north Lne of vaW Fort Hdf or
the Norfhuest Qenter, MOO feet con4 s4o" rino there termIm rg, together
wtth that part of scud presar�the road easement over Fared A Iy4U "944
of tW �*ewnfetence of a orda isith a rad'us of 50.00 feat ord whoss ctnter
pant Ls tyre pant of term ite of the obwo desab d Lana V, togathtr 14th
that pwk of sa;d ve}£cripth'a read ecstenent oyer perre A Wr, j sweatedy Of the
Wowhg descrbed Line w8wi
Cprrrrv�di n ct tVa r,wtheost corner of sad Ecst Half of the Ffarthweat
Ouortef; thence South 89 Tees 45 m*!,utes 43 s ands West,a g t]'ra
rwrth rho of Td Ecst HdF of Lhe hcfU-iwast 0"terr, osmir*y the east rhe
of se's task Hdf of tho Northwest 0"Ier beats Sow%h OEC�e�rees 23 rrl�,utes
06 seconds Wes t, 122.54 feet; then" hath 00 degrees 15 mutes 55
seoo}fis East 50:00 feet to the pont of b2m' rwg of solid the W; thence
South 04 degre-m 15 m1nites 55 soomda best 44.84 feat; the:,,ce Smth,-Ay
don a t"antJ4 ,o corozoa to V.a ecst 138.14 feat, Wd cLn%a h47Mg a
rad`,va of 650.00 fact and o centrcd "!e of 12 d new 00 m;rutes GO
second;S theac,e South 11 degrees 44 mfsites 05 secorrds East 228.28 feet*
therca wutheriy dun a tcrw -mW cLnv =ways to the vest 95.07 feet, "4
v,ne bejVq o rQd�i3 of 450.00 feet " a cwtral a4a of 12 depyee3 W
mbwtea 16 stems thmcs South 00 degrees 22 rWWAts 11 s. ds 'Fest
IMM feet and sed Urea `0Y there termTnatln%
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