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HomeMy WebLinkAbout[04g] Drainage & Utility Easement - Indian Hill Park Council Agenda Item 4g MEETING DATE: May 6, 2019 AGENDA ITEM: Drainage & Utility Easement – Indian Hill Park SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Staff recommends approval of Drainage and Utility Easement agreement accepting the easement for Lot 2, Block 2, Indian Hill Park as proposed. PREVIOUS COUNCIL ACTION: In 2001, the City Council approved the final plat of Indian Hill Park. BACKGROUND INFORMATION: JOBI Ventures LLC owns the subject property located on the southeast corner of Elm St. E and Northland Dr. The parcel is 3.94 acres and the owner has proposed to subdivide into two lots. The City’s Subdivision Ordinance allows for administrative review and approval of such a lot split. Drainage and utility easements are required along property lines to provide for lot drainage and placement of utilities. The typical easement would be 6 feet (12 feet total) along the interior boundary lines. The lot split does not require City Council approval but approval of the easement agreement is before the City Council for action. ATTACHMENTS: Request for Council Action Location Map Easement Agreement Certificate of Survey REQUESTED COUNCIL ACTION: Motion 1: Authorize the Mayor and Administrator to execute the Easement Agreement related to the administrative subdivision of Lot 2, Block 2 of Indian Hill Park. Easement Approval: Lot 2, Block 2, Indian Hill Park Legend Road Labels Roads 04590180 Auditor/Treasurer Feet Division of Land Management ± Data is as represented in Stearns County May 1, 2019 Databases, It is NOT Intended for Locational Use and Stearns County waives all liability from this product.This map is made available on an "as is" basis, without express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). PERMANENT DRAINAGE AND UTILITY EASEMENT This agreement is made this _____day of ______________, 2019, by and between JOBI Ventures LLC, a Minnesota limited liability company, hereinafter called “Grantor” and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called “Grantee”. That for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee and its assigns, forever, a perpetual drainage and utility easement over and under that part of INDIAN HILL PARK as described in the attached EXHIBIT A. IN WITNESS WHEREOF, the parties have hereunto executed this document the day and year first above written. GRANTOR JOBI VENTURES LLC a Minnesota limited liability company By _______________________________ John Meyer, Managing Partner STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) On this ____day of _____________, 2019, before me, a Notary Public in and for said County and State, personally appeared John Meyer, Managing Partner of JOBI Ventures LLC, a Minnesota limited liability company, on behalf of said limited liability company, Grantor. ________________________________________ Notary Public GRANTEE CITY OF ST. JOSEPH By_________________________________ Rick Schultz, Mayor ATTEST: By _________________________________ Judy Weyrens, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing was acknowledged before me the _____ day of ____________, 2019, by Rick Schultz and Judy Weyrens, the Mayor and City Administrator, respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said municipal corporation, Grantee. ___________________________________ Notary Public Drafted By: City of St. Joseph 75 Callaway ST. E St. Joseph, MN 56374 (320)363-7201 EXHIBIT A DRAINAGE AND UTILITY EASEMENT A non-exclusive easement for drainage and utility purposes over, under, and across the East 12 feet of the West 267 feet of Lot Two (2), Block Two (2), INDIAN HILL PARK, as measured at right angles to the West line of said Lot 2, according to the plat and survey thereof, now on file and of record in the office of the Stearns County Recorder.