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Home My WebLink About[05] Confinement of Easement CUY OF St-.MEM Council Agenda Item MEETING DATE: July 1, 2019 AGENDA ITEM: Public Hearing—Easement Confinement 406 MN St E SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None required PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The property owner at 406 MN St E was transferring ownership when the closing agency discovered a blanket easement across the entire parcel dated back to 1972.The easement was for the sanitary sewer. In reviewing the sanitary sewer location, Randy Sabart and Terry Thene have indicated that the easement can be confined to a 30' easement. The title company is preparing the required easement release document which will be reviewed by the City Engineer and City Attorney. As this was discovered late during closing,we are trying to work with the current property owner and new property owner to resolve so they close. The title company should have the document by Monday. 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 and all the utility companies must be notified for an opportunity to comment. The table below indicates the response from the utility companies verifying no impact. Century Link,Charter and Midco have yet to respond. Yes No Provider Impact Impact Qwest—Telephone Charter Communications US Cable Xcel Energy X Northern Natural Gas X Stearns Electric X BUDGET/FISCAL IMPACT: N/A ATTACHMENTS: Hearing Notice Application and Request REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Certificate of Compliance confining the Sanitary Sewer Easement recorded in 1972 contingent upon review of the City Attorney and City Engineer. CITY OF ST. JOSEPH www.cityofstjoseph.com NOTICE OF PUBLIC HEARING EASEMENT CONFINEMENT Notice is hereby given that a public hearing will be held before the City Council at 6:00 PM,July 1,2019,at the St.Joseph Government Center,75 Callaway St E.The purpose of the hearing is to consider confinement of a sanitary sewer easement located at 406 MN St E, legally Administrator described as: All that part of the Northwest Quarter of the Southeast Quarter(NW1/4 of SE'A)of Judy Weyrens Section Numbered Ten(10),in Township Numbered One Hundred Twenty-Four(124) North of Range Twenty-nine(29)West,described within the following metes and boundary lines to wit: Beginning at a point in the Southerly boundary line of Old State Highway No.52,a distance of Mayor 428 feet East of the Westerly Section line of said NW'A of SE%of said Section Ten and running thence Southerly parallel to the section line a distance of 150 feet;thence at right angles East Rick Schultz a distance of 68 feet;thence at right angles North a distance of 150 feet; ,more or less to its intersection with the Southerly line of Old State Trunk Highway No.52;thence West along the said Southerly line of Old State Trunk Highway No. 52 to the Point of Beginning. Councilors The Request has been submitted by Bree Olson,406 MN ST E,St.Joseph MN 56374.All Anne Buckvold persons wishing to speak will be heard. Written testimony should be submitted to the City Troy Goracke Administrator,Attn:Judy Weyrens,75 Callaway St E,St.Joseph MN 56374 Bob Loso Brian Theisen Judy Weyrens Administrator Publish:June 26,2019 75 Callaway Street East•Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 **** * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South,Minneapolis, MN 55401-2499 I T: 612.336.7234 E-mail:csnow@oldrepublictitle.com I F: 612.605.2104 Christina Snow Assistant Vice President June 17, 2019 Claims Counsel Judy Weyrens City of St. Joseph 75 Callaway St E St.Joseph, MN 56374 Via U.S. Mail and Email:jweyrensCccityofstjoseph.com Re: Confinement of Sewer Easement Property Address:406 Minnesota Street East,St.Joseph, MN ("Property") ORT Claim No. 325413 Dear Ms.Weyrens: Pursuant to our telephone call, I am emailing you a Vacation Request Application signed by Derek and Bree Olson, the owners of the Property. I will mail you the $500 application fee shortly. Mr. and Mrs. Olson are attempting to sell the property and the enclosed easement was identified. It appears the easement encumbers the entire Property, which is legally described as: All that part of the Northwest Quarter of the Southeast Quarter(NW1/4 of SE1/4)of Section Numbered Ten (10), in Township Numbered One Hundred Twenty-Four(124) North of Range Twenty-nine (29)West, described within the following metes and boundary lines to-wit: Beginning at a point in the Southerly boundary line of Old State Highway No. 52, a distance of 428 feet East of the Westerly Section line of said NW1/4 of SEI/4 of said Section Ten and running thence Southerly parallel to the section line a distance of 150 feet; thence at right angles East a distance of 68 feet; thence at right angles North a distance of 150 feet, more or less to its intersection with the Southerly line of Old State Trunk Highway No. 52;thence West along the said Southerly line of Old State Trunk Highway No. 52 to the Point of Beginning. Pursuant to information obtained from Terry Thene, there is one 12-inch clay pipe that runs from east to west behind the garage located on the Property. You indicated in your call with me this morning that you would forward this application to the City Engineer for review and that you would try and get this on the City Council agenda on July 1st. Please let Mr. and Mrs. Olson and/or me know if this will be possible and, if not, when you anticipate the application request will be decided. Please let Mr. and Mrs. Olson and/or me know if you have any questions or need any additional information from me. / Sin erely, ( v/6 Christina M. Snow Enclosures cc: Bree and Derek Olson OLD REPUBLIC INSURANCE GROUP * * , City of St. Joseph ,,frf.t-ityafstioacph.riiitt Vacation Request Application CITY :OF ST. :JOSEPH Applicant 13refl, Crta Derek Phone ° 543 Email .reeo 1 cod 4 Corn Mailing Address d etelSOn gtier lei '. A Cai Vacation Type Requested: Public Street/AlleyUtility Easement Drainage Easement 4C Project Location/Address ' Ilre St xSi-. s " T Legal Description of Property,(attached a separate document if needed) ,Ste Utility Agencies Agency Representative Signature In Place Utilities? Quest: yes no Xcel Energy-Gas: X yes no Xcel Energy-Electric: > yes no Stearns Electric: yes <no Charter: ___yes �.no Midco: yes Xna Justification for Requested Vacation c - aii . T ' ap r lication must be signed by all owners of the sub t property. .-►� Gp - a 64/5/ / re of Ap i icant Date Signature of Owner(s) —- la - _ For Office Use Only Fee .$500plus add i incurred i'aid • Date Rpcetved. }} S 3.. 4A xy` I..�i:�'4�A`3 a L3� � KittaK..� r J Xe"Y - e r^` ..y4 YAK? �` ["..{ s"Y M i�{rrG� c � tom"*�� ,y s . .} a4 di. ,.,?,,,,,/-..:6y Mailing Address:City of St.Joseph;75 Callaway St E;St.Joseph,MN 56374 Phone:320.363.7201 _. -. ::,, : I } 3'31EASEMENT831 327? . Thin Agreement mase thin. Q _ day of `?y// • . 1972. • lw and betwoeo _. •_.-.GAry__1i 8 Karen L."Mhfeld M• portion of the first pert asul the Village of St. Joseph,a municipal corporation,party of the second pert. •r • } } • ' WHEREAS, the parties of the first pan are'seized In fee pimple°Tighe land described as fnIlowai . ... • • • 10724-C-1 .23 A. E. 68 ft. of W. 496 ft. of N. 160 ¶t. of i'` NW1/4 SE1/4S of Old Hwy. 652... . • Sec. 10'1 .124 R 29 9 WHEREAS, the patty of.the maenad pen is cbnatructing Sanitary Sewer Extensions I for the Vii+age of St. Joseph and in desirous of creasing the land described above in actor • - dance with plans sad speclfleationa,an may be necessary for the full sad proper construction, operation end melntenance•uf die aaweraystetnaccording to the plans developed by the Engineer for the Village of St.Joseph. . NOW THEREFORE, tba portion of the first part in consideration of One Dollar and , other valuable •censtderation, including the mutual benefits to be derived from the construe- • don, maintenance sod operation of a unitary sewer system by the parties of the first part and.ether members of the public in the Village of&.Joseph,hereby grant to the party of the second pan, its auecisabrs and aaelaas,forever.the Aldo It,daBstruce,operate and maintain • sanitary sewer mains across the property above described in accordance with the plus sad recommended ins of the Engineer for the Village of St.Joseph.The party of the second part shall have such right of access as may be necessary and reasonable for the proper coastruction, malatonance and nperatl•'t► of the Sanitary Sewer System without doing unreasonable damage • to the property above described, IN WITNESS WHEREOF, the psnfsa of the first part have hereunto sat their heads the day and year that above wrh,ten. . , .-)117- 642411 • • • wlentsent • „ e • dr STATE OP MINNESOTA • - ss. COENTY OF STEAK On this O daY of + ,1972.before mea . • 97�/A4/d.".&4' a ,p - !!! within rid far said Comity,pers�y appeared_a� �Gr manna ' e/rho sucu� G�.'� . to mo known to a the a described ed who executed fisc *Wag instrument and' • arknoaledged ROA„they�ege�iiledidsa ease as their free set and deed. ,vtiuuul•a.n,,r • ' S6� 'ttAAS�li�� { ��,�, � IfA�.• � • NN. � • My Cserstadsn fib i1,1XX :+n i 4.7....c. ,c Not/ is or Otter Of r $Q, ti -s iv •iw••.ti.,S, 1.i'• es;...-P.: ,.el - -••� '