HomeMy WebLinkAbout[05] Easement Release f
CITY OF ST. JOSBPH Council Agenda Item 5
MEETING DATE: February 18, 2010
AGENDA ITEM: Public Hearing — Easement Release, 709 CR 75
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
709 County Rd 75. The property owner was in the process of selling their property when title work
indicated that the entire lot is covered with a storm water 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 request for easement release
and have verified that the property does not have any storm sewer pipe and the easement could be
released. The Office staff mailed notice to all utility companies to see if the release of easement would
have an impact and they only responded that private service lines access the property. The easement is
not listed as a utility easement the City does not have make provisions for.
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. At the time of writing this request Stearns
County Highway Department has not responded to the inquiry, but in a phone conversation they stated
they would review prior to Thursday's meeting.
Yes No Private
Provider Impact Impact Service
Qwest — Telephone x
Charter Communications
US Cable x
Xcel Energy x
Northern Natural Gas x
Stearns Electric X
BUDGET /FISCAL IMPACT: N/A
ATTACHMENTS: Request for Action 5:1 -2
Hearing Notice 5:3
Application and Request 5:4 -6
Easement Release Document 5:7 -8
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Certificate of
Compliance releasing the storm water easement.
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\ CITY OF ST. J OSEPH
w vw.cityof stjoseph
Administrator
Judy Weyrens
NOTICE OF PUBLIC HEARING ON VACATION
Storm Water Easement
Mayor
Rick Schultz Notice is hereby given that a public hearing will be held before the City Council on the 6 day
of October, 2011, in the City Hall located at 25 College Avenue North, St. Joseph, Minnesota at
7:00 p.m., to consider the vacation of a drainage easement located across the property legally
Councilors described as:
Steve Frank The most Westerly 170 feet of the that part of Lot 9, Auditor's Subdivision No. 4,
Bob Loso Stearns County, Minnesota which lies East of the West 16.5 feet thereof; Northerly of the
Renee Symanietz North right of way line of County State Aid Highway 75 (formerly U.S. Trunk Highway 52) and
Dale wick West of a line drawn due South from a point which is 800.00 feet due West of a point on the
West line of Schneider's Addition, plat on file and of record, distant 800.00 feet Northerly of
the intersection of said West line and the Northerly right of way line of said County State Aid
Highway 75.
All persons wishing to be heard will be heard and oral testimony will be limited to five minutes.
Written testimony can be mailed to the City Administrator, PO Box 668, St. Joseph MN
56374.
Judy Weyrens
Administrator
Publish: September 23, 2011
zS College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374
Phone 3zo.363.7zoi FOX 32.0.563.034z
September 19, 2011
To: City of St. Joseph
From: James W. Henningsen
Property address: 709 County Road 75, St. Joseph, MN
Attn. City of St. Joseph
Attached is a check in the amount of $400.00 which is payment for the
public hearing to vacate the easement as identified in Easement dated July
12, 1951, filed of record July 11, 1960, in Book 35 of A &A, page 510.
There is my written request to have the easement vacated or my property
legal description released from said easement. Legal description is
attached and identified as Exhibit "A ".
Respectfully submitted,
1J 7
James W. Henningsen
EXHIBIT "A"
James W. Henningsen
709 County Road 75, St. Joseph, MN
Legal description:
The most Westerly 170 feet of that part of Lot 9, Auditor's Subdivision No.
4, Stearns County, Minnesota which lies East of the West 16.5 feet thereof;
Northerly of the North right of way line of County State Aid Highway 75
(formerly U.S. Trunk Highway 52) and West of a line drawn due South
from a point which is 800.00 feet due West of a point on the West line of
Schneider's Addition, plat on file and of record, distant 800.00 feet
Northerly of the intersection of said West line and the Northerly right of
way line of said County State Aid Highway 75.
Try County Abstract
FILE No.: 107762 LOCATION REPORT
1 THI S IS NOT A SURVEY)
LEGAL :SEE SCHEDULE A
30 SCALE
170.00'
N
69 '
33
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O) 1 STORY r
FRAME r'
44
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(C) 33 69'± )
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PROPERTY ADDRESS: 709 CO RD 75 ST JOSEPH
The Infornotion reloting to the dlnensions shown on this exhibit are based upon the recorded
plat or nop In the county records. The location of Inprovenents Is based on on Inspection of
the property and is not based on neosurenents. The liability of issuing agent and the conpany
os to information contained herein is Ignited to thot contained on endorsenent CLTA forn 116
(31113).
Notice of Completion of Vacation of Proceedings
The City Council received a petition for the vacation of an easement described as follows to wit:
Easement Vacation Request and Legal Description: The most Westerly 170 feet of that part
of Lot 9, Auditor's Subdivision No. 4, Stearns County, Minnesota which lies East of the West 16.5 feet
thereof; Northerly of the North right of way line of County State Aid Highway 75 (formerly U.S. Trunk
Highway 52) and West of a line drawn due South from a point which is 800.00 feet due West of a point
on the West line of Schneider's Addition, plat on file and of record, distant 800.00 feet Northerly of the
intersection of said West line and the Northerly right of way line of said County State Aid Highway 75.
The current easement is recorded as follows:
Easement for storm sewer purposes, in favor of the Village of St. Joseph, as set forth in
Easement, dated July 12, 1951, filed of record July 11, 1960, in Book 35 of A &A, page 510.
The matter came before the City Council pursuant to a petition submitted by James W. Henningsen and
Antoinette R. Henningsen.
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 is hereby vacated effective immediately.
Adopted by the City Council on day of , 2011.
Rick Schultz, Mayor
Attest
Judy Weyrens, Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this day of , 2011, before me, a notary public within and for said County,
personally appeared Rick Schultz and Judy Weyrens, to me personally known, who, being each by me
duly sworn did say that they are respectively the Mayor and the Administrator of the City of St. Joseph,
the municipal corporation named in the foregoing instrument, and that the seal affixed to said
instrument is the municipal seal of the corporation, and that said instrument was signed and sealed in
behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator
acknowledged said instrument to e the free act and deed of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Tri- County Title and Abstract Guaranty, Inc.
122 12 Avenue North
St. Cloud, MN 56303