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V.5. Approve Conveyance of Certain Real Property and Direct Necessary Actions for Transaction; Stanley November 20, 2018 Council Report 2018-119 APPROVE CONVEYANCE OF CERTAIN REAL PROPERTY AND DIRECT NECESSARY ACTIONS FOR TRANSACTION Proposed Action Staff recommends the following motion: “Adopt Resolution 2018-084, Authorizing the Conveyance of Certain Real Property and Directing all Necessary Actions for Said Transaction.” Overview The Metropolitan Council (Council) has plans to construct a new station for Southwest Light Rail line at Excelsior Boulevard and 8th Avenue South. The city of Hopkins owns property adjacent to the proposed station site, a portion of which the Council desires to develop as part of the station area. City staff has worked with the Council to determine the location and limits of what is needed, as well as the transfer mechanism. The property proposed for transfer will be used for the ‘kiss and ride’ drop off area and for adjustment of the regional trail. The City Engineer and City Attorney have reviewed and staff recommends approval. Supporting Documents • Quit Claim Deed Form • Exhibit A – Parcel Legal Description and Sketch • Resolution 2018-084 _______________________________________ Nate Stanley, P.E. City Engineer Financial Impact: Budgeted Y/N Source: Related Documents (CIP, ERP, etc.): Notes: __________________________________________________________________ Exhibit A – Parcel Legal Description That part of the following described parcel: That part of the South Half of the Southeast Quarter of Section 24, Township 117, Range 22 described as follows: Beginning at the intersection of the Southerly right-of-way line of County Road Number 3, as shown in Book 4 of Highway Plats, Page 4, office of the County Recorder, with the Southerly right-of-way line of the Chicago and North Western Transportation Company, formerly The Minneapolis & St. Louis Railway Company; thence Southwesterly 249.23 feet along the Southerly right-of-way line of said County Road Number 3, which right-of-way line is a curved line concave to the Northwest having a radius of 1860.08 feet, a central angle of 7 degrees 40 minutes 37 seconds and an assumed chord bearing of South 66 degrees 17 minutes 41 seconds West; thence South 70 degrees 08 minutes West along the Southerly right-of-way line of said County Road Number 3 a distance of 1224.29 feet, said line hereinafter referred to as line “A”; thence Westerly on a tangential curve to the right along the Southerly right-of-way line of County Road Number 3 a distance of 971.08 feet, said curve having a radius of 2814.77 feet and a central angle of 19 degrees 46 minutes; thence South 89 degrees 54 minutes West along the Southerly right-of-way line of County Road Number 3, which line is hereinafter referred to as line “B” to its intersection with the Northerly extension of the East line of Registered Land Survey No. 1316; thence Southerly along said extension and along said East line to its intersection with a line drawn parallel with and 100.00 feet Southerly from said line “B”; thence North 89 degrees 54 minutes East along said parallel line and its extension to the intersection with a line drawn parallel with and 76.00 feet Southeasterly from said line “A” and its Southwesterly extension; thence North 70 degrees 08 minutes East along the last described parallel line and its extension a distance of 2098.14 feet; thence North 60 degrees 15 minutes 48 seconds East a distance of 73.56 feet to a point which is on a line bearing South 76 degrees 51 minutes 15 seconds East and distant 146.95 feet from the beginning; thence along a curve concave to the Northeast, having a radius of 686.62 feet and a central angle of 12 degrees 17 minutes 10 seconds a distance of 147.23 feet to the point of beginning, except that part thereof embraced within the plat of 10417 Associates Addition Being described as follows: Commencing at the southwesterly corner of the above described parcel; thence on an assumed bearing of North 19 degrees 58 minutes 37 seconds West, along the westerly line of said parcel, a distance of 94.04 feet to the northwesterly corner of said parcel; thence easterly and northeasterly 326.03 feet, along the northwesterly line of said parcel, on a non-tangential curve concave to the northwest having a radius of 2814.77 feet, a central angle of 06 degrees 38 minutes 11 seconds and a chord bearing of North 73 degrees 19 minutes 20 seconds East to an angle point in said northwesterly line; thence continuing on said northwesterly line, North 70 degrees 00 minutes 15 seconds East, tangent to said curve, a distance of 41.17 feet to an angle point in said northwesterly line; thence continuing along said northwesterly line, North 71 degrees 40 minutes 54 seconds East a distance of 59.10 feet to the point of beginning; thence South 26 degrees 45 minutes 13 seconds East a distance of 20.84 feet; thence southeasterly and easterly 70.41 feet on a tangential curve concave to the northeast having a radius of 48.50 feet and a central angle of 83 degrees 11 minutes 04 seconds; thence North 70 degrees 03 minutes 43 seconds East, tangent to said curve, a distance of 77.00 feet; thence northeasterly and northerly 73.55 feet on a tangential curve concave to the northwest having a radius of 48.50 feet and a central angle of 86 degrees 53 minutes 38 seconds; thence North 16 degrees 49 minutes 54 seconds West, tangent to said curve, a distance of 12.58 feet to the northwesterly line of said parcel; thence South 71 degrees 40 minutes 54 seconds West, along said northwesterly line, 176.81 feet to the point of beginning. TOGETHER WITH The easterly 270.60 feet of the westerly 944.01 feet of the southerly 18.22 feet of the above described parcel. Subject to the rights and interests identified and described in Document Nos. T2556554, T4074060, T4132713, T4688062, and T4690795. 24-117 - 2 2 - 4 3 - 0 1 6 1 10201 E X C E L S I O R B L V D CITY O F H O P K I N S FD IP EXCEL S I O R B L V D (HCS A H N O . 3 ) 2ND S T S7TH AVE S6TH AVE S8TH AVE S24-117 - 2 2 - 4 3 - 0 1 3 9 ADDR E S S N O T A S S I G N E D CITY O F H O P K I N S 10417 ASSO C I A T E S ADDIT I O N LOT 1 BLOCK 2 E LINE , B L O C K 2 , 10417 A S S O C I A T E S A D D I T I O N HCCR A P R O P E R T Y M A P N O . 2 9 5TH AVE SSW 1/4 , SE 1/4 , SEC. 2 4 , T. 117 , R.22 1001ƒ    (  > 1   ƒ   ( @         1ƒ ( >1ƒ (@ 73.56 C=60.1 5 &%UJ 1   ƒ      : R=68 6 . 6 2 ǻ ƒ     L=60.1 7 L =3 2 6 .0 3 ǻ =6 ƒ3 8 '1 1 "R =2 8 1 4 .7 7 94.041ƒ : LINE ' A' TELEC O M M U N I C A T I O N S E A S E M E N T PER D O C . N O . T 2 5 5 6 5 5 4 TELEC O M M U N I C A T I O N S E A S E M E N T PER D O C . N O . T 2 5 5 6 5 5 4 1010101080 STREE T , D R A I N A G E & U T I L I T Y EASEM E N T P E R D O C . N O . T 4 0 7 4 0 6 0 550 50 3636TRANS P O R T A T I O N E A S E M E N T PER D O C . N O . T 4 1 3 2 7 1 3 6ƒ    :        L = 1 3 7 . 3 6 ǻ   ƒ      R = 1 3 9 . 0 0 TO HE N N E P I N C O U N T Y PER D O C . N O . 4 4 3 3 1 9 5 101ƒ     (  > 1   ƒ   ( @       101ƒ ( >1ƒ (@ 10.78 1ƒ    ( >1ƒ   ( @ 2.50 1ƒ ( >1ƒ (@ 81.99 TO HE N N E P I N C O U N T Y PER D O C . N O . 4 4 3 3 1 9 5 6ƒ : >6ƒ :@ 81.98 6ƒ ( 76.48 6ƒ ( 76.52 L=90.17 ǻ ƒ  R=61.00 1ƒ    (        6ƒ : >6ƒ :@ 41.17 SE 1/4 , SE 1/4 , SEC. 2 4 , T. 117 , R.22 EXCEL S I O R B L V D (HCS A H N O . 3 ) 24-117 - 2 2 - 4 4 - 0 0 2 3 ADDR E S S N O T A S S I G N E D CITY O F H O P K I N S POINT OF BEGINNING 363.88 59.10 176.81 C =3 2 5 .8 5 C .B r g .=N 7 3 ƒ1 9 '2 0 "E 1ƒ :12.586ƒ    ( 20.84 L=73.5 5 ǻ ƒ     R=48.5 0 1ƒ    ( 77.00 L=70.4 1 ǻ ƒ     R=48.5 0 SW'LY C O R N E R , PARCE L 5 0 0 0 POB, FEE TA K I N G HCCRA P R O P E R T Y M A P NO. 12 NO.DATE DRAWN REVISION / SUBMITTALCHECKDESIGN DRAFT-WORK IN PROCESS 1.The horizontal datum of this map is based on the Hennepin County Coordinate System which is related to the Minnesota State Plane Coordinate System NAD 83 (2007) Adjustment South Zone. 2.The planimetric features shown on this map are as prepared by Aero-Metric, Inc. from aerial data and imagery collected in April 2012, as supplemented by field surveys completed by Sambatek, Inc. 3.Horizontal Positional Accuracy: using the National Standard for Spatial Data Accuracy, the data set tested 0.14 feet horizontal accuracy at a 95% confidence level. 4.Vertical Positional Accuracy: using the National Standard for Spatial Data Accuracy, the data set tested 0.10 feet vertical accuracy at 95% confidence level. 5.This survey was prepared utilizing Metropolitan Council title opinion, Project No. 61001, Parcel 5000A, dated 03/27/2018. OVERHEAD ELECTRIC OVERHEAD ELECTRIC TRANSMISSION UNDERGROUND ELECTRIC UNDERGROUND TELEPHONE OVERHEAD COMMUNICATION UNDERGROUND COMMUNICATION OVERHEAD CABLE TELEVISION UNDERGROUND CABLE TELEVISION UNDERGROUND FIBER OPTIC UNDERGROUND FUEL UNDERGROUND GAS ABANDONED UTILITY WATER SANITARY SEWER SANITARY FORCE MAIN STORM SEWER CURB AND GUTTER FENCE GUARDRAIL WALK BUILDING RIGHT-OF-WAY PROPERTY LINE ADJACENT PROPERTY LINE CENTERLINE OF RAIL CENTERLINE OF TRAIL VEGETATION WATER BODY That part of the South Half of the Southeast Quarter of Section 24, Township 117, Range 22 described as follows: Beginning at the intersection of the Southerly right-of-way line of County Road Number 3, as shown in Book 4 of Highway Plats, Page 4, office of the County Recorder, with the Southerly right-of-way line of the Chicago and North Western Transportation Company, formerly The Minneapolis & St. Louis Railway Company; thence Southwesterly 249.23 feet along the Southerly right-of-way line of said County Road Number 3, which right-of-way line is a curved line concave to the Northwest having a radius of 1860.08 feet, a central angle of 7 degrees 40 minutes 37 seconds and an assumed chord bearing of South 66 degrees 17 minutes 41 seconds West; thence South 70 degrees 08 minutes West along the Southerly right-of-way line of said County Road Number 3 a distance of 1224.29 feet, said line KHUHLQDIWHUUHIHUUHGWRDVOLQH³$´WKHQFH:HVWHUO\RQDWDQJHQWLDOFXUYHWRWKHULJKWDORQJWKH6RXWKHUO\ULJKWRIZD\OLQHRI&RXQW\ Road Number 3 a distance of 971.08 feet, said curve having a radius of 2814.77 feet and a central angle of 19 degrees 46 minutes; thence South 89 degrees 54 minutes West along the Southerly right-of-way line of County Road Number 3, which line is hereinafter UHIHUUHGWRDVOLQH³%´WRLWVLQWHUVHFWLRQZLWKWKH1RUWKHUO\H[WHQVLRQRIWKH(DVWOLQHRI5HJLVWHUHG/DQG6XUYH\1RWKHQFH Southerly along said extension and along said East line to its intersection with a line drawn parallel with and 100.00 feet Southerly from VDLGOLQH³%´WKHQFH1RUWKGHJUHHVPLQXWHV(DVWDORQJVDLGSDUDOOHOOLQHDQGLWVH[WHQVLRQWRWKHLQWHUVHFWLRQZLWKDOLQHGUDZQ SDUDOOHOZLWKDQGIHHW6RXWKHDVWHUO\IURPVDLGOLQH³$´DQGLWV6RXWKZHVWHUO\H[WHQVLRQWKHQFH1RUWKGHJUHHVPLQXWHV(DVW along the last described parallel line and its extension a distance of 2098.14 feet; thence North 60 degrees 15 minutes 48 seconds East a distance of 73.56 feet to a point which is on a line bearing South 76 degrees 51 minutes 15 seconds East and distant 146.95 feet from the beginning; thence along a curve concave to the Northeast, having a radius of 686.62 feet and a central angle of 12 degrees 17 minutes 10 seconds a distance of 147.23 feet to the point of beginning, except that part thereof embraced within the plat of 10417 Associates Addition 0 04/30/2017 DL CEJ DL I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. KEITH E DAHL DATE:LIC. NO.:1841805/08/2018 1.Subject property's addresses and property identification numbers are: 10201 Excelsior Blvd 24-117-22-43-0161 Not Assigned 24-117-22-43-0139 Not Assigned 24-117-22-44-0023 2.The gross area of the subject property is 2.641 acres or 115,060 square feet. 3.The subject property is zoned I-2, General Industrial, per City of Hopkins zoning map accessed 04/13/2018. That part of the following described parcel: That part of the South Half of the Southeast Quarter of Section 24, Township 117, Range 22 described as follows: Beginning at the intersection of the Southerly right-of-way line of County Road Number 3, as shown in Book 4 of Highway Plats, Page 4, office of the County Recorder, with the Southerly right-of-way line of the Chicago and North Western Transportation Company, formerly The Minneapolis & St. Louis Railway Company; thence Southwesterly 249.23 feet along the Southerly right-of-way line of said County Road Number 3, which right-of-way line is a curved line concave to the Northwest having a radius of 1860.08 feet, a central angle of 7 degrees 40 minutes 37 seconds and an assumed chord bearing of South 66 degrees 17 minutes 41 seconds West; thence South 70 degrees 08 minutes West along the Southerly right-of-way line of said County Road Number 3 a distance of 1224.29 feet, said OLQHKHUHLQDIWHUUHIHUUHGWRDVOLQH³$´WKHQFH:HVWHUO\RQDWDQJHQWLDOFXUYHWRWKHULJKWDORQJWKH6RXWKHUO\ULJKWRIZD\OLQHRI County Road Number 3 a distance of 971.08 feet, said curve having a radius of 2814.77 feet and a central angle of 19 degrees 46 minutes; thence South 89 degrees 54 minutes West along the Southerly right-of-way line of County Road Number 3, which line is KHUHLQDIWHUUHIHUUHGWRDVOLQH³%´WRLWVLQWHUVHFWLRQZLWKWKH1RUWKHUO\H[WHQVLRQRIWKH(DVWOLQHRI5HJLVWHUHG/DQG6XUYH\1R thence Southerly along said extension and along said East line to its intersection with a line drawn parallel with and 100.00 feet 6RXWKHUO\IURPVDLGOLQH³%´WKHQFH1RUWKGHJUHHVPLQXWHV(DVWDORQJVDLGSDUDOOHOOLQHDQGLWVH[WHQVLRQWRWKHLQWHUVHFWLRQ ZLWKDOLQHGUDZQSDUDOOHOZLWKDQGIHHW6RXWKHDVWHUO\IURPVDLGOLQH³$´DQGLWV6RXWKZHVWHUO\H[WHQVLRQWKHQFH1RUWK degrees 08 minutes East along the last described parallel line and its extension a distance of 2098.14 feet; thence North 60 degrees 15 minutes 48 seconds East a distance of 73.56 feet to a point which is on a line bearing South 76 degrees 51 minutes 15 seconds East and distant 146.95 feet from the beginning; thence along a curve concave to the Northeast, having a radius of 686.62 feet and a central angle of 12 degrees 17 minutes 10 seconds a distance of 147.23 feet to the point of beginning, except that part thereof embraced within the plat of 10417 Associates Addition Being described as follows: Commencing at the southwesterly corner of the above described parcel; thence on an assumed bearing of North 19 degrees 58 minutes 37 seconds West, along the westerly line of said parcel, a distance of 94.04 feet to the northwesterly corner of said parcel; thence easterly and northeasterly 326.03 feet, along the northwesterly line of said parcel, on a non-tangential curve concave to the northwest having a radius of 2814.77 feet, a central angle of 06 degrees 38 minutes 11 seconds and a chord bearing of North 73 degrees 19 minutes 20 seconds East to an angle point in said northwesterly line; thence continuing on said northwesterly line, North 70 degrees 00 minutes 15 seconds East, tangent to said curve, a distance of 41.17 feet to an angle point in said northwesterly line; thence continuing along said northwesterly line, North 71 degrees 40 minutes 54 seconds East a distance of 59.10 feet to the point of beginning; thence South 26 degrees 45 minutes 13 seconds East a distance of 20.84 feet; thence southeasterly and easterly 70.41 feet on a tangential curve concave to the northeast having a radius of 48.50 feet and a central angle of 83 degrees 11 minutes 04 seconds; thence North 70 degrees 03 minutes 43 seconds East, tangent to said curve, a distance of 77.00 feet; thence northeasterly and northerly 73.55 feet on a tangential curve concave to the northwest having a radius of 48.50 feet and a central angle of 86 degrees 53 minutes 38 seconds; thence North 16 degrees 49 minutes 54 seconds West, tangent to said curve, a distance of 12.58 feet to the northwesterly line of said parcel; thence South 71 degrees 40 minutes 54 seconds West, along said northwesterly line, 176.81 feet to the point of beginning. TOGETHER WITH The easterly 270.60 feet of the westerly 944.01 feet of the southerly 18.22 feet of the above described parcel. PERMANENT FEE: 14,543 SF BOUNDARY & PROPOSED EASEMENT SURVEY PARCEL NUMBERS P5000A &P5000B MINNEAPOLIS, MINNESOTA FOUND PROPERTY CORNER FOUND CAST IRON MONUMENT FOUND JUDICIAL LAND MARK CATCH BASIN STORM MANHOLE SANITARY MANHOLE SANITARY CLEANOUT WATER MANHOLE WATER GATE VALVE MANHOLE WATER VALVE WATER METER CORP STOP HYDRANT ELECTRIC METER ELECTRIC TRANSFORMER ELECTRIC PANEL ELECTRIC MANHOLE ELECTRIC BOX GAS VALVE GAS METER TRAFFIC SIGNAL LIGHT POLE HAND HOLE STRUCTURE CABLE TELEVISION COMMUNICATION STRUCTURE TELEPHONE STRUCTURE TELEPHONE MANHOLE FIBER OPTIC MANHOLE UTILITY POLE UTILITY POLE WITH LIGHT TREE, DECIDUOUS TREE, CONIFEROUS CAMERA MONITOR WELL BOLLARD FLAG POLE UNIDENTIFIED STRUCTURE EXISTING DIRECTIONAL LANE USE SIGN SET MONUMENT MARKED LS 18418 1 05/08/2017 DL CEJ DL Added title opinion notes. The following comments reference notes from Page 2 of the title opinion: A certain Quit Claim deed dated March 28, 1980 and recorded April 29, 1980 as Document No. T1379408 in favor of The Metropolitan Transit Area creates a temporary easement for public transit purposes; this easement expired on March 28, 2000. See attached document. Does not affect the surveyed property. A certain Quit Claim deed dated September 21, 1994 and recorded October 5, 1994 as Document No. T2556554 in favor of Independent School District No. 270 creates a permanent easement for the construction, installation, repair, maintenance, and use of underground telecommunication facilities. See attached document. Easement is shown on the survey. A certain Easement Agreement dated August 4, 1998 and recorded September 15, 1998 as Document No. T3068693 in favor of 10417 Associates LLP, creates an easement for driveway purposes. A certain Termination of Easement Agreement dated February 1, 2005 and recorded February 4, 2005 as Document No. T4074059 in favor of City of Hopkins, terminates this easement. See attached documents. Does not affect the surveyed property. A certain Plat Map dated September 15, 1998 and recorded September 29, 1998 as Document No. T10896 in favor of City of Hopkins, creates several easements for utility purposes. See attached document. Does not affect the surveyed property. A certain Declaration of Easement dated February 1, 2005 and recorded February 4, 2005 as Document No. T4074060 in favor of City of Hopkins creates a permanent easement for public street, drainage and utility purposes. See attached document. Easement is shown on the survey. A certain Easement Agreement dated June 21, 2005 and recorded July 5, 2005 as Document No. T4132712 in favor of City of Hopkins, creates an easement for public road purposes, over, across and under the easement area. See attached document. Does not affect the surveyed property. A certain Easement Agreement dated June 21, 2005 and recorded July 5, 2005 as Document No. T4132713 in favor of Hennepin County Regional Railroad Authority creates an easement for public transportation purposes, over, across and under the easement area. See attached document. Easement is shown on the survey. A certain Railway plat for Hennepin County Regional Railroad Authority Property Map No. 1 recorded September 14, 2009 as Document No. T4685955, appears of record. See attached document. Does not affect the surveyed property. A certain Railway plat for Hennepin County Regional Railroad Authority Property Map No. 12 recorded September 21, 2009 as Document No. T4688062, appears of record. See attached document. Hennepin County Regional Railroad Authority right of way is shown on the survey. A certain Railway plat for Hennepin County Regional Railroad Authority Property Map No. 29 recorded September 29, 2009 as Document No. T4690795, appears of record. See attached document. Hennepin County Regional Railroad Authority right of way is shown on the survey. A A A B B C C D E D E 1 543067v2 DTA HP145-18 CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2018-084 RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY AND DIRECTING ALL NECESSARY ACTIONS FOR SAID TRANSACTION WHEREAS, the Metropolitan Council, a public corporation and political subdivision under the laws of the State of Minnesota (the “Council”), is in the process of extending a public light rail transit system into and through the City of Hopkins, a Minnesota municipal corporation (the “City”); and WHEREAS, to provide it with the ability to construct, operate, and maintain said light rail transit system and its infrastructure, the Council has requested that the City convey the Council its interest in the real property legally described on the attached Exhibit A (the “Property”) via quit claim deed; and WHEREAS, City staff has the authority to approve the subdivision of real property administratively pursuant to Hopkins City Code, section 500.63; and WHEREAS, City staff has reviewed the requested conveyance, recommends approval, and the Council deems it in the public interest to convey the Property to the Council for the public purpose outlined herein. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota that the recitals and the exhibit set forth in and attached to this Resolution are incorporated into and made a part of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Hopkins, Minnesota hereby authorizes the conveyance of the Property to the Council and the subdivision of property necessitated by this transaction, and further authorizes the Mayor and City Manager to execute a quit claim deed on behalf of the City and undertake all other actions necessary to facilitate and complete the transaction contemplated herein. NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Hopkins, Minnesota that the Mayor, City staff, City attorney and City consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Approved this 20th day of November, 2018, by the City Council of the City of Hopkins, Minnesota. 2 543067v2 DTA HP145-18 CITY OF HOPKINS, MINNESOTA Molly Cummings, Mayor Attest: Amy Domeier, City Clerk A-1 543067v2 DTA HP145-18 A-2 543067v2 DTA HP145-18