HomeMy WebLinkAbout[05a] Easement Releases - 504 MN St E s Council f3I�"�'1.J6) E]NEI Council Agenda Item 5a
MEETING DATE: February 1, 2016
AGENDA ITEM: Public Hearing—Easement Release
504 MN Street E
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None required
PREVIOUS COUNCIL ACTION: In 2004 the City approved the platting of the property located 504 MN
St E, creating the plat entitled Braden and Bennet Place. The plat included the appropriate easements.
BACKGROUND INFORMATION: The City received a request from Tri County Abstract to release a
blanket sewer easement from 1972. The easement covered the entire lot and in reality the sewer line is
located in the rear yard. In 2004 the property was platted as Bennet and Branden Place. The property
was platted so that each portion of existing duplex could be sold. At the time the property was platted
appropriate easements were included. Since the plat did not reference the 1972 document the
easement is still in place.
It was verified with the City Engineer that the 1972 easement is not needed as the plat confined the
easement. The Office staff mailed notice to all utility companies to see if the release of easement would
have an impact(see chart below).
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 easement.
Yes No
Provider Impact Impact
Century Link
Charter Communications
Mid Continent Communications x
Xcel Energy x
Stearns Electric x
BUDGET/FISCAL IMPACT: N/A
ATTACHMENTS: Request for Action
Hearing Notice
Application and Request
Easement Release Certificate
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Certificate of
Compliance releasing the 1972 utility easement recorded on October 18, 1972.
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. �, CITY OF ST. OS�PH
1
Wwvu.cityof stjoseph.com
NOTICE OF PUBLIC HEARING ON RELEASE OF UTILITY EASEMENT
Notice is hereby given that a public hearing will be held before the City Council at 6:00 PM,
Monday, February 1, 2016 at the St. Joseph City Hall, 25 College Avenue North. The purpose
Administrator of the hearing is to consider a release of utility easements recorded on October 18, 1972
�udy V(�eyrens located at Lot 1, Block 1, Braden and Bennet Place, Stearns County, Minnesota.
All persons wishing to be heard will be heard and oral testimony will be limited to five minutes.
Mayor Written testimony can be mailed to the City Administrator, PO Box 668, St. Joseph, MN
Rick Schultz 56374.
Councilors
Matt Killam �udy Weyrens
Bob Loso Administrator
lZenee Symanietz
Dale Wick
Publish: January 15, 2016
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Subject Property
504 M N St E
as College Avenue North • PO Box 668 • Saint �oseph, Minnesota Sb374
Phone 3zo.363.�zo� Fdx 3Zo.363.o34z
(Top 3 inches reserved for recording data)
RELEASE OF EASEMENT
DATE:
FOR VALUABLE CONSIDERATION the real property in Stearns County, Minnesota, legally described as follows:
See Exhibit A
is hereby released from the easements owned by the undersigned,which were described in the Easement recorded on October 18, 1972 in
Book 55 of A&A,page 809 and in the Easement recorded on October 18, 1972 in Book 55 of A&A, page 811, in the Office of the County
Recorder of Stearns County, Minnesota.
City of St.Joseph
BY:
Its:
AND
BY:
Its:
State of Minnesota, County of Stearns
This instrument was acknowledged before me on by the
of the City of St.Joseph,and by the of the
City of St.Joseph.
Page 1 of 3
Page 2 of 3 RELEASE OF EASEMENT
(Stamp)
(signature of notarial officer)
Title(and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Tri County Abstract and Title Guaranty
12212th Ave N
St.Cloud MN,56303
Page 3 of 3 RELEASE OF EASEMENT
EXHIBIT A
Lot 1, Block 1, Braden and Bennet Place,Stearns County, Minnesota
Notice of Completion of Vacation of Proceedings
The City Council received a request for the release of the easements described as follows to wit:
Easement Vacation Request and Legal Description: Lot 1, Block 1, Braden and Bennet Place,
Stearns County, Minnesota.
The current easement is recorded as follows:
Easements for storm sewer purposes, in favor of the Village of St. Joseph, as set forth in
Easements, dated October 18, 1972 in Book 55 of A&A,page 809 and in the Easement recorded
on October 18, 1972 in Book 55 of A&A,page 811, in the Office of the County Recorder of
Stearns County, Minnesota.
The matter came before the City Council pursuant to a request submitted by Tri-County Abstract
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 released effective immediately.
Adopted by the City Council this , day of , 2016
Rick Schultz, Mayor
ATTEST
Judy Weyrens, Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this day of 2016,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 on behalf of said
municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201