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Three Railroad Right of Way Retracement Projects

Point Douglas Trail – Denmark Township

Browns Creek Trail – Former MN Zephyr

Ramsey County – Warner Road Bridge

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Point Douglas Trail

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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

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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

Railroad Corridor History

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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

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1917 Railroad Right of Way Map

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R/R Map 1B

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R/R Map 1C

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R/R Map 1C

Right of Way Evidence

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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 1849-1857

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 1979

Right of Way Evidence (continued)

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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

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:

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Performing the Survey

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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

Concerns with the Survey

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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

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Preliminary Survey Conflicting Record Title Evidence

Proposed Legal Description

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Cadillac vs. Chevrolet

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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

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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

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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

Analysis of Evidence and Determination of Right of Way

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Northerly Right of Way Line: Northerly centerline computed per 1918 Railroad Right of

Way map

10 found irons from 1960-1970 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

Analysis of Evidence and Determination of Right of Way

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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

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Conclusions

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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)

Prepared a Right of Way Plat per MS 505.1792 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.

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Solutions

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Questions - Comments?

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Browns Creek Trail

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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

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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 505.1792

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Questions - Comments?

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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

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

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

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What did we learn?

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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

Questions - Comments?

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