HomeMy WebLinkAbout2013-02-20 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/20/13 • ,
PREPARED BY Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider authorizing the acquisition of a 1,221.81 square foot parcel of land (PIN
22.027.21.32.0005) from Century Link /Qwest/Northwestern Bell Telephone Company as a
component of the Phase I East Point Douglas Road Project.
2. Consider authorizing the execution of a purchase agreement related to the acquisition of
Parcel #22.027.21.32.0005 with Century Link/Qwest /Northwestern Bell Telephone
Company.
STAFF RECOMMENDATION
1. Authorize the acquisition of a 1,221.81 square foot parcel of land from Century
Link /Qwest/Northwestern Bell Telephone Company.
2. Authorize the execution of a purchase agreement for that acquisition with Century Link/
Qwest/Northwestern Bell Telephone Company.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from John M.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Purchase agreement
Burbank dated 2/14/13
ADMINISTRATOR'S COMMENTS
Administrator
Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove
h ere Pride and?V05 perity Meet
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: February 14, 2013
RE: Century Link / Qwest Land Acquisition
Discussion
A component of the Phase I Roadway Improvement Project for East Point Douglas Road is the
installation of a public sidewalk and utility extensions on the north side of the roadway.
There is a small parcel of property (1,221 square feet) adjacent to Cottage Grove VFW Post
#8752 that is currently owned by Century Link/Qwest. This parcel benefits from the improve-
ment project and is also physically impacted by the planned construction. The acquisition of
temporary and permanent easements was required as a component of the project. The feasibil-
ity report for the planned 2013 improvement project included $10,704.00 as the property's pro-
portioned share of the project in accordance with the City's current infrastructure management
policy. During the easement acquisition process it was determined that it would be in the best
interests of the City and the property owner if the following actions occurred:
• Century Link / Qwest dedicates the fee title of the property to the City for public right -of -way
purposes.
• The conveyance of the property includes a reservation of easement in favor of Century Link/
Qwest reserving its successors and assigns, forever, the right to construct, operate, inspect,
maintain, repair, alter, or remove communications systems consisting of buried telephone
cables, conduits, manholes, and appurtenances, under and across the land being conveyed.
That as a result of the land dedication and transfer of the property to the public for public
right -of -way purposes, the City will re- apportion the project costs associated with the
property.
Recommendation
1. Authorize the acquisition of a 1,221.81 square foot parcel of land (PIN 22.027.21.32.0005)
from Century Lin k/Qwest/N orthwestern Bell Telephone Company as a component of the
Phase I East Point Douglas Road Project.
2. Authorize the execution of a purchase agreement related to the acquisition of the 1,221.81
square foot parcel of land (PIN 22.027.21.32.0005) with Century Link /Qwest/Northwestern
Bell Telephone Company, subject to final approval by the City Attorney.
AGREEMENT RELATING TO
RIGHT -OF -WAY ACQUISITION
E
THE CITY OF COTTAGE GROVE
This agreement is entered into by and between Northwestern Bell Telephone Company, a
corporation organized under the laws of Minnesota ( "Seller ") and the City of Cottage Grove, a
municipal corporation, organized under the state of Minnesota ( "City ").
Recitals
A. Seller owns real property located at East Point Douglas Roadway South,
Cottage Grove, Washington County, Minnesota, legally described in the attached Exhibit A (the
Property), consisting of approximately 1,221.81 square feet of land.
B. East Point Douglas Roadway South is a public roadway classified as a minor
arterial roadway (the "Roadway ").
C. In order to accommodate the future traffic growth of the commercially guided
Cottage View development district, of which the Property is a part, the City has identified the
need to construct a two phased public improvement project related to the Roadway (the
D. The phase of the Project is programmed to be completed in 2013 ( "Phase I "),
and future commercial development in the district will necessitate additional improvements to
be constructed in a subsequent phase of the Project ( "Phase II ").
E. The City has determined the need to acquire fee simple title to the Property, in
order to facilitate completion of Phase I of the Project.
F. The City has determined that, if it were to construct the Project without the
Property, the special assessment that would be levied against the Property, based on the City's
special assessment policy, is approximately $10,700.
G. The City desires to purchase and the Seller desires to sell the Property to City
upon the terms and conditions set forth below.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Within seven (7) business days after this agreement has been signed by both parties,
the Seller will convey and quitclaim to the City the Property as legally described in
Exhibit A by executing instruments to be prepared by the City. The quitclaim deed
shall include a reservation of a utility easement over and under the Property in favor
of the Seller.
2. The consideration for the Property shall be in the mutual promises made in this
Agreement.
3. The City agrees to be responsible for any assessments that would otherwise be
levied against the Property for the Project.
Dated this day of , 2013.
(The remainder of this page left blank intentionally.)
CITY OF COTTAGE GROVE
Myron Bailey, Mayor
M
Caron Stransky, City Clerk
Northwestern Bell Telephone Company
By
Its
By:
Its
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section
Twenty -two (22), Township Twenty -seven (27) North, Range Twenty -one (21) West, in the
Village of Cottage Grove, described as follows:
Commencing at the West Quarter corner of Section 22, Township 27, Range 21 West;
thence East along the North line of the Northwest Quarter of the Southwest Quarter of
said Section 22 for 960 feet to a 2" iron pipe in place; thence South and parallel with the
West line of said Section 22 for 847 feet to the point of beginning of this description;
thence continuing South and parallel with said West line of Section 22 for 75 feet to the
northeasterly R/W of Minnesota Highways 10 and 61; thence northwesterly along said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet; thence North and
parallel with said West line of Section 22 for 75 feet; thence southeasterly parallel with
said northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet to the point of
beginning.
EXCEPT that part of the above - described land shown as Parcel 225A on the plat
designated as Minnesota Department of Transportation Right of Way Plat Numbered
82 -23 on file and of record in the office of the county recorder in and for Washington
County, Minnesota.
4181540 CAH CT160 -18
Quit Claim Deed
STATE DEED TAX DUE HEREON: $353.10
Date:
FOR VALUABLE CONSIDERATION, Northwestern Bell Telephone Company, a corporation under the
laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to City of Cottage Grove, a
municipal corporation under the laws of Minnesota, Grantee, real property in Washington County,
Minnesota, described as follows:
See full legal description on the attached Exhibit A
(if more space is needed, continue on back)
together with all hereditaments and appurtenances.
®The Seller certifies that the seller does not know of any wells on the described real property.
❑A well disclosure certificate accompanies this document.
❑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.
Northwestern Bell Telephone Company
Its
Its
418241v2 NKE CT160 -18
STATE OF
COUNTY OF
The foregoing was acknowledged before me this day of , 2013, by
and , the and of
Northwestern Bell Telephone Company, a corporation organized under the laws of the State of
Minnesota, on behalf of the corporation, Grantor.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Check here if part or all of the land is Registered (Torrens) ❑
This instrument drafted by:
Kennedy & Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612 - 337 -9300 (CAH)
Tax Statements for the real property described in this
instrument should be sent to (include name and address
of Grantee):
City of Cottage Grove
12800 Ravine Parkway
Cottage Grove, MN 55016
418241v2 NKE CT160 -18
EXHIBIT A
LEGAL DESCRIPTION
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section
Twenty -two (22), Township Twenty -seven (27) North, Range Twenty -one (21) West, in the Village
of Cottage Grove, described as follows:
Commencing at the West Quarter corner of Section 22, Township 27, Range 21 West;
thence East along the North line of the Northwest Quarter of the Southwest Quarter of said
Section 22 for 960 feet to a 2" iron pipe in place; thence South and parallel with the West
line of said Section 22 for 847 feet to the point of beginning of this description; thence
continuing South and parallel with said West line of Section 22 for 75 feet to the
northeasterly R/W of Minnesota Highways 10 and 61; thence northwesterly along said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet; thence North and parallel
with said West line of Section 22 for 75 feet; thence southeasterly parallel with said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet to the point of beginning.
EXCEPT that part of the above - described land shown as Parcel 225A on the plat designated
as Minnesota Department of Transportation Right of Way Plat Numbered 82 -23 on file and
of record in the office of the county recorder in and for Washington County, Minnesota.
418241v2 NKE CT160 -18
Quit Claim Deed
STATE DEED TAX DUE HEREON: $353.10
Date:
FOR VALUABLE CONSIDERATION, Northwestern Bell Telephone Company, a corporation under the
laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to City of Cottage Grove, a
municipal corporation under the laws of Minnesota, Grantee, real property in Washington County,
Minnesota, described as follows:
See full legal description on the attached Exhibit A
(if more space is needed, continue on back)
together with all hereditaments and appurtenances.
®The Seller certifies that the seller does not know of any wells on the described real property.
❑A well disclosure certificate accompanies this document.
❑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.
Northwestern Bell Telephone Company
By_
Its
By_
Its
418241v2 NKE CT160 -18
STATE OF
COUNTY OF
The foregoing was acknowledged before me this day of , 2013, by
and , the and of
Northwestern Bell Telephone Company, a corporation organized under the laws of the State of
Minnesota, on behalf of the corporation, Grantor.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Check here if part or all of the land is Registered (Torrens) ❑
This instrument drafted by:
Kennedy & Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612 - 337 -9300 (CAH)
Tax Statements for the real property described in this
instrument should be sent to (include name and address
of Grantee):
City of Cottage Grove
12800 Ravine Parkway
Cottage Grove, MN 55016
418241v2 NKE CT160 -18
EXHIBIT A
LEGAL DESCRIPTION
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section
Twenty -two (22), Township Twenty -seven (27) North, Range Twenty -one (21) West, in the Village
of Cottage Grove, described as follows:
Commencing at the West Quarter corner of Section 22, Township 27, Range 21 West;
thence East along the North line of the Northwest Quarter of the Southwest Quarter of said
Section 22 for 960 feet to a 2" iron pipe in place; thence South and parallel with the West
line of said Section 22 for 847 feet to the point of beginning of this description; thence
continuing South and parallel with said West line of Section 22 for 75 feet to the
northeasterly R/W of Minnesota Highways 10 and 61; thence northwesterly along said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet; thence North and parallel
with said West line of Section 22 for 75 feet; thence southeasterly parallel with said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet to the point of beginning.
EXCEPT that part of the above - described land shown as Parcel 225A on the plat designated
as Minnesota Department of Transportation Right of Way Plat Numbered 82 -23 on file and
of record in the office of the county recorder in and for Washington County, Minnesota.
418241v2 NKE CT160 -18
AGREEMENT RELATING TO
RIGHT -OF -WAY ACQUISITION
DE
THE CITY OF COTTAGE GROVE
This agreement is entered into by and between Northwestern Bell Telephone Company, a
corporation organized under the laws of Minnesota ( "Seller ") and the City of Cottage Grove, a
municipal corporation, organized under the state of Minnesota ( "City ").
Recitals
A. Seller owns real property located at East Point Douglas Roadway South,
Cottage Grove, Washington County, Minnesota, legally described in the attached Exhibit A (the
Property), consisting of approximately 1,221.81 square feet of land.
B. East Point Douglas Roadway South is a public roadway classified as a minor
arterial roadway (the "Roadway ").
C. In order to accommodate the future traffic growth of the commercially guided
Cottage View development district, of which the Property is a part, the City has identified the
need to construct a two phased public improvement project related to the Roadway (the
"Project ").
D. The phase of the Project is programmed to be completed in 2013 ( "Phase I "),
and future commercial development in the district will necessitate additional improvements to
be constructed in a subsequent phase of the Project ( "Phase II ").
E. The City has determined the need to acquire fee simple title to the Property, in
order to facilitate completion of Phase I of the Project.
F. The City has determined that, if it were to construct the Project without the
Property, the special assessment that would be levied against the Property, based on the City's
special assessment policy, is approximately $10,700.
G. The City desires to purchase and the Seller desires to sell the Property to City
upon the terms and conditions set forth below.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Within seven (7) business days after this agreement has been signed by both parties,
the Seller will convey and quitclaim to the City the Property as legally described in
Exhibit A by executing instruments to be prepared by the City. The quitclaim deed
shall include a reservation of a utility easement over and under the Property in favor
of the Seller.
2. The consideration for the Property shall be in the mutual promises made in this
Agreement.
3. The City agrees to be responsible for any assessments that would otherwise be
levied against the Property for the Project.
Dated this day of , 2013.
(The remainder of this page left blank intentionally.)
CITY OF COTTAGE GROVE
Myron Bailey, Mayor
In
Caron Stransky, City Clerk
Northwestern Bell Telephone Company
By
Its
By:
Its
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section
Twenty -two (22), Township Twenty -seven (27) North, Range Twenty -one (21) West, in the
Village of Cottage Grove, described as follows:
Commencing at the West Quarter corner of Section 22, Township 27, Range 21 West;
thence East along the North line of the Northwest Quarter of the Southwest Quarter of
said Section 22 for 960 feet to a 2" iron pipe in place; thence South and parallel with the
West line of said Section 22 for 847 feet to the point of beginning of this description;
thence continuing South and parallel with said West line of Section 22 for 75 feet to the
northeasterly R/W of Minnesota Highways 10 and 61; thence northwesterly along said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet; thence North and
parallel with said West line of Section 22 for 75 feet; thence southeasterly parallel with
said northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet to the point of
beginning.
EXCEPT that part of the above - described land shown as Parcel 225A on the plat
designated as Minnesota Department of Transportation Right of Way Plat Numbered
82 -23 on file and of record in the office of the county recorder in and for Washington
County, Minnesota.
4181540 CAE CT160 -18
AGREEMENT RELATING TO
RIGHT -OF -WAY ACQUISITION
p
THE CITY OF COTTAGE GROVE
This agreement is entered into by and between Northwestern Bell Telephone Company, a
corporation organized under the laws of Minnesota ( "Seller ") and the City of Cottage Grove, a
municipal corporation, organized under the state of Minnesota ( "City ").
Recitals
A. Seller owns real property located at East Point Douglas Roadway South,
Cottage Grove, Washington County, Minnesota, legally described in the attached Exhibit A (the
Property), consisting of approximately 1,221.81 square feet of land.
B. East Point Douglas Roadway South is a public roadway classified as a minor
arterial roadway (the "Roadway ").
C. In order to accommodate the future traffic growth of the commercially guided
Cottage View development district, of which the Property is a part, the City has identified the
need to construct a two phased public improvement project related to the Roadway (the
"Project ").
D. The phase of the Project is programmed to be completed in 2013 ( "Phase I "),
and future commercial development in the district will necessitate additional improvements to
be constructed in a subsequent phase of the Project ( "Phase II ").
E. The City has determined the need to acquire fee simple title to the Property, in
order to facilitate completion of Phase I of the Project.
1
F. The City has determined that, if it were to construct the Project without the
Property, the special assessment that would be levied against the Property, based on the City's
special assessment policy, is approximately $10,700.
G. The City desires to purchase and the Seller desires to sell the Property to City
upon the terms and conditions set forth below.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Within seven (7) business days after this agreement has been signed by both parties,
the Seller will convey and quitclaim to the City the Property as legally described in
Exhibit A by executing instruments to be prepared by the City. The quitclaim deed
shall include a reservation of a utility easement over and under the Property in favor
of the Seller.
2. The consideration for the Property shall be in the mutual promises made in this
Agreement.
3. The City agrees to be responsible for any assessments that would otherwise be
levied against the Property for the Project.
Dated this day of , 2013.
(The remainder of this page left blank intentionally.)
CITY OF COTTAGE GROVE
M
Myron Bailey, Mayor
By
Caron Stransky, City Clerk
Northwestern Bell Telephone Company
Its
By:
Its
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section
Twenty -two (22), Township Twenty -seven (27) North, Range Twenty -one (21) West, in the
Village of Cottage Grove, described as follows:
Commencing at the West Quarter corner of Section 22, Township 27, Range 21 West;
thence East along the North line of the Northwest Quarter of the Southwest Quarter of
said Section 22 for 960 feet to a 2" iron pipe in place; thence South and parallel with the
West line of said Section 22 for 847 feet to the point of beginning of this description;
thence continuing South and parallel with said West line of Section 22 for 75 feet to the
northeasterly R/W of Minnesota Highways 10 and 61; thence northwesterly along said
northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet; thence North and
parallel with said West line of Section 22 for 75 feet; thence southeasterly parallel with
said northeasterly R/W of Minnesota Highways 10 and 61 for 50 feet to the point of
beginning.
EXCEPT that part of the above - described land shown as Parcel 225A on the plat
designated as Minnesota Department of Transportation Right of Way Plat Numbered
82 -23 on file and of record in the office of the county recorder in and for Washington
County, Minnesota.
418154A CAH CT160 -18