Three Railroad Right of Way Retracement Projects

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2 Three Railroad Right of Way Retracement Projects Point Douglas Trail Denmark Township Browns Creek Trail Former MN Zephyr Ramsey County Warner Road Bridge 2

3 Point Douglas Trail Two mile segment of former railroad Important trail system connection Political issues (acquisition, funding, etc.) Survey necessary to determine boundary and identify encroachments, gaps, topography issues, etc. Presentation will focus on the surveying issues 3

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5 Acquisition and Survey The Trust for Public Land Conservation project conveyance through TPL Grant money partially funded acquisition and survey Washington County Survey Estimate Research/Analyze record ownership R/R and adjoiners Analyze all railroad maps, adjoining surveys, plats, etc. Locate all boundary evidence Analyze all evidence and make a boundary determination Estimate deemed too high (Cadillac vs. Chevrolet) Private Surveying Firm Hired Agreed to do survey for the specified dollar amount 5

6 Railroad Corridor History 1881 original tracks laid 1891 tracks Pt. Douglas to Hastings removed & realigned 1891 second set of tracks laid south of and parallel 1891 deed recorded describing both 1891 centerlines 1917 ROW map shows third set of tracks laid 1918 ROW map shows track location information 1920 s-30 s some tracks removed 1979 tracks realigned in 1891 were removed 1981 corridor acquired by private party 6

7 1917 Railroad Right of Way Map 7

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10 R/R Map 1C 10

11 Right of Way Evidence Recorded deed descriptions Railroad Right of Way maps Right of Way at easterly end controlled by un-monumented plat of POINT DOUGLASS and two additions recorded North ROW line in most of unplatted area is 50 north and parallel with original track built in 1881 and removed in 1891 Most of South ROW line is 24 south and parallel with track built/realigned in 1891 and removed in

12 Right of Way Evidence (continued) Tracks built/realigned in 1891 were witnessed by 18 stone monuments set near each curve PC and PT 1918 railroad map shows 5 wire fence along entire north ROW line in un-platted area 1917 railroad map indicates existence of another fence near north ROW line that is not on the ROW line Private surveys performed and irons set along ROW while tracks existed Remains of old railroad bed Remains of old fences Adjoining title and occupation evidence 12

13 Record Deed Description All that tract or parcel of land in Washington County, Minnesota being the abandoned railroad right of way of Chicago, Milwaukee, St. Paul and Pacific Railroad Company from St. Croix Junction to the West line of Burris Street in Point Douglas, approximately 2.2 miles long and covering approximately 21.7 acres of widths varying from approximately 33 feet to 160 feet together with all culverts and right of way fencing thereon which right of way crosses the following tracts or parcels of land: 13

14 Performing the Survey Private survey firm: Numerous changes made retracement complicated Located centerline of current railroad bed Located portions of fence (mostly down) near north ROW Based ROW determination predominantly on current railroad bed and fence remains and prepared a preliminary survey 14

15 Concerns with the Survey Trail centerline altered by erosion and/or use by ATV s Much of the fence was down or missing, questionable accuracy, 1917 Railroad map indicates 2 fences No search for 18 controlling stone monuments set in 1891 Inadequate search for adjoining boundary evidence Inadequate research of adjoining title evidence No determination of extent of currently operating BNSF Railroad easement/ownership where it crosses the trail Appeared to be discrepancies with MnDOT ROW plat Appeared to be un-vacated platted streets within the ROW Lengthy proposed description 15

16 Preliminary Survey Conflicting Record Title Evidence 16

17 Proposed Legal Description 17

18 Cadillac vs. Chevrolet Review of proposed survey Need to increase scope of evidence investigation Search for controlling stone monuments Search for adjoining survey evidence Research title and identify controlling deeds Identify easement interests, e.g. platted streets, BNSF R/R Search for and locate any encroachments Estimate for additional work required by County Funds exhausted request County reimbursement County took over completion of survey 18

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25 Additional Evidence Found 3 original stone monuments set in 1891 to define location of PC s and PT s 10 iron monuments from 11 private surveys from 1960 s and 1970 s when tracks were still in place Evidence of ROW location within adjoining title documents 25

26 Analysis of Evidence and Determination of Right of Way Southerly Right of Way Line: Southerly centerline computed per 1891 description Found stones matched computed locations within.7 foot Stones held for rotation of computed southerly centerline Compared computed southerly centerline with existing centerline as located, 48 check points average difference 1.5 feet, maximum difference 8.4 feet Southerly right of way line established at 24 foot offset of computed centerline 26

27 Analysis of Evidence and Determination of Right of Way Northerly Right of Way Line: Northerly centerline computed per 1918 Railroad Right of Way map 10 found irons from era surveys 8 irons within 1 foot and 4 of 8 irons within 0.17 foot of 50 offset of computed centerline 126 ROW fence shots 112 within.45 foot, 14 deviate 7-30 feet from computed 50 foot centerline offset 27

28 Analysis of Evidence and Determination of Right of Way Platted Areas: Deeds pulled for each lot and block and analyzed to determine extent of railroad acquisitions Original plats recorded in 1849 & 1857 not monumented Found MnDOT ROW Plat monuments and private survey irons held to define underlying platted lots and blocks Discrepancy of about 10 feet in platted lot and block locations using found railroad stone monuments. Found monuments hold and distances are subordinate 28

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30 Conclusions Computing the southerly centerline based on the record description and rotating to the found stones was the best solution for a smooth continuous centerline and ROW line Existing centerline shots were a good check on the solution Holding adjoining found irons and adjoining descriptions (Torrens) honored adjoining property rights Computing remaining northerly centerline based on 1918 R/R map results in smooth continuous centerline and ROW line as opposed to holding fence with numerous angle pts. Fence locations are a good check on the solution Break in the trail where operating BNSF railroad crosses Recommend Quiet Title action (streets, MnDOT ROW plat) 30

31 Solutions Prepared a Right of Way Plat per MS New and improved description: Parcels A, B and C of Washington County Right of Way Plat No. 148 Point Douglas Trail. Said Parcels are within Sections 7, 8 and 9, Township 26 North, Range 20 West, Washington County, Minnesota. 31

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37 Questions - Comments? 37

38 Browns Creek Trail 5.5 mile corridor - former MN Zephyr Dinner Train Corridor acquired by MN DNR Key connection from Gateway State Trail to downtown Stillwater riverfront Political issues (acquisition, funding, etc.) Survey necessary to determine boundary and identify encroachments, gaps, topography issues, etc. DNR contracted with Washington County Surveyor to prepare Right of Way Plat of the corridor 38

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40 Performing the Survey Researched/analyzed record ownership railroad & adjoiners Analyzed railroad maps, adjoining surveys, plats, etc. Located all known boundary evidence Located centerline of existing railroad tracks Poor fit between tracks and R/R map data low speed track Poor fit between R/R map data and adjoining surveys Adjoining survey data was relied upon heavily Analyzed all evidence and made boundary determination Preparing a Right of Way Plat per MS

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56 Questions - Comments? 56

57 Ramsey County Warner Road railroad bridge scheduled for replacement Monuments called for in original pre-1900 deeds Monuments shown on historic bridge and road surveys Monuments necessary to determine divisions & ROW for 4 different R/R lines consisting of 9 different tracks Research & comps put search area within 0.5 of first monument found down 2 in railroad ballast Finding monuments dividing R/R property led to finding several R/R right of way monuments Understanding importance, careful analysis of record documents & R/R plans, good survey work = success 57

58 3 square cast iron monuments Boundary between two R/R properties 58

59 3 square cast iron R/R monuments at a 1/16 th corner & on a N-S ¼ line 59

60 What did we learn? No shortcuts to an accurate right of way survey Need to research title, survey and railroad records Need a thorough search for field evidence Analyze all evidence to arrive at accurate conclusions Evidence and answers will not be found on the Internet Beware of middlemen or clients dictating costs of surveys Make sure you understand what you re getting into 60

61 Questions - Comments? 61