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Council Agenda Item 5
MEETING DATE: February 18, 2010
AGENDA ITEM: Public Hearing — Easement Release, 626 Fir Street
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: None required
PREVIOUS COUNCIL ACTION: N/A
BACKGROUND INFORMATION: The City was contacted by a title company representing the owner of
626 Fir Street. The property owner was in the process of selling their home when title work indicated
that a portion of the house was located over a utility and drainage easement. This discovery prevented
the property owner from receiving clear title and closing was delayed.
The City Engineer and Public Works Director have reviewed the proposed encroachment and have
verified that a portion of the house is over the easement. This particular lot has a twenty foot easement
as does the adjoining property creating a forty foot easement. At the time the property was platted,
the utility plan included a sewer line extension between the properties. When the property was
developed sewer was accessed from a different direction. It is typical for all lots to have a drainage
easement between five and ten feet on all sides, a twenty foot easement is used if accesses to a pond or
pipes are installed. The house was built in 1999 prior to Inspectron. It is hard to say what happened at
that time. The best way to make sure the foundation is located in the correct place is through a survey.
The process for securing building permits and verifying location has substantially increased over the past
years.
With that being said, the full width of the easement for the property located at 626 Fir Street East is not
needed. It is the recommendation of the City Engineer and Public Works Director to release 10 feet of
the easement as indicated on the attached maps.
Since the easement is recorded on the plat, it is considered public right of way and can only be released
through a public hearing process. The Council must determine at the hearing that it is in the best
interest of the City to release the portion of easement. Since a utility easement can be used by any
public utility, the City staff has sent a hearing notice to all utility companies that have underground lines
in St. Joseph. While some do not have lines in the area identified, we chose to send to all regardless.
Yes No No
Provider Impact Impact Response
Qwest — Telephone X
Charter Communications
US Cable
Xcel Energy
Northern Natural Gas X
Stearns Electric X
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BUDGET /FISCAL IMPACT: N/A
ATTACHMENTS
Public Hearing Notice ............. ............................... 5:3
Certificate of Release ............. ............................... 5:4
Email identifying encroachment ......................... 5:5
Location Report ...................... ............................... 5:6
Aerial with easement lines ... ............................... 5:7
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Certificate of
Compliance releasing the eastern 10 feet of the 20 foot easement located parallel to the western
property line.
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CITY OF ST. JOSEPH
\V/WW. cityolstjosepk. coal
City of St. Joseph
Public Hearing
The City Council for the City of St. Joseph shall conduct a public hearing on Thursday, February
Administrator 18, 2010 at 7:00 PM in the St. Joseph City Hall, 25 College Avenue North, St. Joseph MN
Judy Weyrens 56374.
The purpose of the hearing is to consider a request to release the eastern ten (10) feet of
Mayor the20 foot easement located parallel to the western property line on property legally
Al Rassier described as Lot 34 Block 5, Northland Plat 5. The request for release has been submitted by
Josh Christy, 626 Fir Street E.
Councilors
Steve Frank The request will release any rights of the City contained in the plat as it relates to the utility
Bob Loso and drainage easement. The is action the City is not affecting any rights of public utility
Renee Symanietz companies not owned and operated by the City of St. Joseph.
Dale Wick
All persons wishing to speak will be heard. Written testimony should be submitted to the City
Offices, PO Box 668, St. Joseph MN 56374.
Judy Weyrens
Administrator
Publish: February 5, 2010
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7-S College Avenue North • PO Box 668 • Saint lose ph, Minnesota 56374
Phone 32- 0.363.77- 01 Fax 3zo.363.0342
Notice of Completion of Vacation Proceedings
The City Council received a petition for the partial vacation of an easement described as follows to wit:
Legal Description: Lot 34, Block 2, Northland Plat 5
Easement Vacation Request: The eastern ten (10) feet of the 20 foot easement located
parallel to the western property line.
The matter came before the City Council pursuant to a petition submitted by Josh Christy for partial
vacation of a public utility easement pursuant to MN Statute 462.358 subd. 7 and 412.851.
Based upon the information presented at the time of the hearing, the City Council for the City of St.
Joseph resolves that the above described easement vacation request located on Lot 34, Block 2,
Northland Plat 5 is hereby vacated effective immediately.
Adopted by the City Council on the day of .2010.
Alan Rassier, Mayor
ATTEST
Judy Weyrens, Administrator
5:4
Jenni Philippi
From: Dave S gmail [ dpschnei @accessinformation.com]
Sent: Thursday, January 28, 2010 11:25 AM
To: Jenni Philippi
Subject: 103099
In researching the property on 626 Fir st E in St Joseph, it appears that
platted esmt to a 10' width (down from 20') would clear the encroachment
measurements taken and shown by site inspection and plat drawing.
David Schneider
Corrections and Redraws
Plat Department
952 - 888 -8503- ph
952 - 888 -4576- fax
dpschneiRaccessinformation.com
modifying the
issue, based on the
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I
FILE NO.: 103099
LEGAL :SEE SCHEDULE A
30 SCALE
Trl County Abstract
LOCATION REPORT
(THIS IS NOT 'A SURVEY)
0.
ENCROACHED
PROPERTY
STAKE
N
123.69'
PROPERTY ADDRESS: 626 FIR ST E . ST JOSEPH
The Information relating to the dimensions shown on this exhibit are based upon the recorded
plat or nop In the county records. The location of Improvements 1s based on an Inspection of
the property and Is not based on measurements. The liability of Issuing agent and the company
os to-Infornatlon contained herein is limited io that . contained on endorsement CLJA form lie
( 31 18) . 5 6b
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Copyright Tj SEW 2003
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Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be
used as one. This map is a compilation of records, information and data from city, county, state
and federal offices, and is to be used for reference purposes only.
https:// portal. sehinc. com /sehsvcihtml /dvo /mapLayout.htm 1/27/2010