HomeMy WebLinkAbout07S CP Rail Conveyance
City Council
Action Request Form
Meeting Date
9/7/2016
Department
Community Development
Agenda Category
Consent Agenda
Title
CP Rail Conveyance
Staff Recommendation
Adopt Resolution No. 2016-XXX authorizing City Staff and the City Attorney to review and revise the
appropriate documents to effectuate the understanding with CP Rail to convey fee title to Outlot C,
which is proposed as a future water tower, and for CP Rail to execute a public dedication for Outlot E,
which is proposed to be used for stormwater management, and execute the documents accordingly.
Budget Implication
N/A
Attachments
Council Memo
Resolution No. 2016-XXX
TIMOTHY J. KUNTZ
DANIEL J. BEESON
*KENNETH J. ROHLF
STEPHEN H. FOCHLER
JAY P. KARLOVICH
ANGELA M. LUTZ AMANN
*KORINE L. LAND
*DONALD L. HOEFT
DARCY M. ERICKSON
DAVID S. KENDALL
*BRIDGET McCAULEY NASON
TONA T. DOVE
BRADLEY R. HUTTER
ARIEL A. PITTNER
HAROLD LEVANDER
1910-1992
ARTHUR GILLEN
1919-2005
MEMO
ROGER C. MILLER
1924-2009
*
ALSO ADMITTED IN WISCONSIN
ALSO ADMITTED IN NORTH DAKOTA
ALSO ADMITTED IN MASSACHUSETTS
ALSO ADMITTED IN OKLAHOMA
ALSO ADMITTED IN ARIZONA
TO: Mayor Myron Bailey and Members of the Cottage Grove City Council
FROM: Korine Land, City Attorney
DATE: September 7, 2016
RE: CP Rail Conveyance
On or about September 6, 2006, the City executed a development agreement with Canadian
RailThe Agreement required CP Rail to dedicate and convey
ownership of certain parcels, specifically, Outlots C and E to the City; one for use as a future
water tower and one for use as a stormwater pond. CP Rail has since disagreed with the
interpretation of the Development Agreement and believed that an easement interest to the City
for both parcels would be sufficient to meet the intent of the Agreement.
The parties have determined that a reasonable resolution is for CP Rail to convey fee title to
Outlot C, the parcel that is proposed as a future water tower and for CP Rail to execute a public
dedication for Outlot E, which is proposed to be used for stormwater management.
If agreeable to the Council, please consider adopting the attached resolution that authorizes City
Staff and the City Attorney to review and revise the appropriate documents to effectuate this
understanding and execute the documents accordingly.
-451--450-7384
OFFICE ALSO LOCATED IN SPOONER, WISCONSIN
RESOLUTION NO. 2016-XXX
A RESOLUTION AUTHORIZING THE PREPARATION AND EXECUTION OF
DOCUMENTS TO TRANSFER TITLE AND ACCEPT A PUBLIC DEDICATION
FOR CERTAIN OUTLOTS OWNED BY CANADIAN PACIFIC RAILWAY
WHEREAS, Canadian Pacific Railway (“CP Rail”) owns certain properties, known as
Outlot C and Outlot E that were part of a Development Agreement dated September 6, 2006;
and
WHEREAS, the City intended to use Outlot C for a city-owned water tower and Outlot E
for public stormwater ponds; and
WHEREAS, the parties disagree as to the method of conveyance for these Outlots to the
City; and
WHEREAS, the parties have determined that the best resolution for this issue is for CP
Rail to convey fee title of Outlot C to the City and to provide a public dedication for Outlot E for
use as stormwater ponds; and
WHEREAS, the City is willing to accept these conveyances as satisfying the conditions
in the Development Agreement for dedication, transfer, or conveyance of Outlot C and Outlot E.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
County of Washington, State of Minnesota, as follows:
1. The City accepts the conveyance of Outlot C from CP Rail in fee title;
2. The City accepts a public dedication of Outlot E from CP Rail;
3. City Staff and the City Attorney are authorized to prepare and negotiate said
documents;
4. The appropriate City officials are authorized to execute said documents.
Passed this 7th day of September 2016.
Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk