HomeMy WebLinkAbout5B Quit Claim Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 10, 2016
AGENDA #: 5B
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF QUIT CLAIM DEED TO SOURCE
PROPERTIES, LLC TO CLARIFY LEGAL DESCRIPTION
DISCUSSION: Introduction
The City has been contacted by the owner of a parcel of property located at
16801 Industrial Circle SE. The property owner has requested that the City
execute a quit claim deed to clarify the boundaries of the property.
Current Circumstances
The property owner is seeking to clarify the legal description. The City has
right-of-way that abuts the property as well as an easement over the
property for drainage and utility. Due to the City’s interests the property
owner has requested that the City execute a quit claim deed to establish the
new boundaries. The drainage and utility easement is specifically reserved
in the quit claim deed the City is being asked to execute.
The City is not obligated to provide a quit claim deed. If the City does not
provide the quit claim deed the property owner will likely need to institute a
quiet title action to have the boundaries established in court.
The City Attorney and City Engineer have reviewed the request and
determined that, other than the easement which is being reserved, there are
no City easements or infrastructure located on the property which would
create an issue with releasing the City interest in the property.
Conclusion
It is recommended that the City Council approve and authorize the Mayor
and City Manager to execute the quit claim deed to clarify the boundaries of
the property in question.
FINANCIAL
IMPACT:
There has been City Staff and City Attorney review of this matter although it
has been limited. As previously discussed staff intends to establish a fee
and pass through costs to add to the fee schedule for 2017 for similar
requests in the future.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve and
authorize the Mayor and City Manager to execute the quit claim
deed.
2. Remove this item from the consent agenda for additional discussion.
RECOMMENDED
MOTION:
Alternative #1
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED
Business Entity to Individual(s)
DEED TAX DUE: $1.65
DATE: , 2015
FOR VALUABLE CONSIDERATION, the City of Prior Lake, a municipal corporation under the laws of the State of Minnesota ("Grantor"),
hereby conveys and quitclaims to Source Properties, LLC, a limited liability company under the laws of Minnesota ("Grantee"), real property
in Scott County, Minnesota, legally described as follows:
That part of the East '4 of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota,
described as follows: Commencing at the SE corner of said Section 1; thence on an assumed bearing of North 01
degree 21 minutes 00 seconds West, along the line between the southeast corner and the northeast corner of said
Section 1, a distance of 1251.72 feet; thence at right angles South 88 degrees 39 minutes 00 seconds West, a
distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the East
line of the West 30.0 feet of the East 3/4 of the Southeast Quarter of said Section 1; thence North 86 degrees 11
minutes 30 seconds East a distance of 514.66 feet; thence South 00 degrees 00 minutes 00 seconds East a distance
of 704.31 feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds
East, along the centerline of said Highway No. 12, a distance of 73.66 feet to the actual point of beginning of the
property to be described; thence North 00 degrees 00 minutes 00 seconds East a distance of 412.00 feet; thence
North 90 degrees 00 minutes 00 seconds East a distance of 670.15 feet; thence North 00 degrees 00 minutes 00
seconds East a distance of 325.0 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 736.15
feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 704.31 feet; thence South 63 degrees 37
minutes 56 seconds East along the centerline of said Highway No. 12, a distance of 73.66 feet to the point of
beginning. EXCEPT the Westerly 66 feet of the above described parcel.
Except that this Quit Claim Deed does not release and the Grantor specifically reserves and maintains all rights granted to it in that Easement
Agreement dated September 4, 2007, and filed September 19, 2007, as Document No. 783510.
Check here if all or part of the described real property is Registered (Torrens) El
together with all hereditaments and appurtenances belonging thereto.
ECB-1034 Page 1 of 2
Page 2 of 2 QUIT CLAIM DEED
Check applicable box:
The Seller certifies that the Seller does not know of
any wells on the described real property.
111 A well disclosure certificate accompanies this
document or has been electronically filed. Of electronically filed,
insert WOO number: [...].)
ED I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
Grantor
City of Prior Lake
By:
Its:
State of Minnesota, County of
This instrument was acknowledged before me on , 2015, by
of the City of Prior Lake, a municipal corporation under the laws of the State of Minnesota.
(Stamp)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(mont/day/year)
THIS INSTRUMENT WAS DRAFTED BY. TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
Christopher A. Neisen INSTRUMENT SHOULD BE SENT TO:
WORNSON, GOGGINS, NEISEN, Source Properties, LLC
MORRIS & BREVER, PC
16801 Industrial Circle Southeast
119 East Main Street
Prior Lake, MN 55372
New Prague, MN 56071
952-758-4161