HomeMy WebLinkAbout[05] Public Hearing, Vacate a Utility Easement, 612 MN St E
Council Agenda Item 5
MEETING DATE: December 16, 2019
AGENDA ITEM: Public Hearing, Vacate a Utility Easement, 612 MN St. E
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Accept new Drainage and Utility Easement and Approve Vacation of
Sanitary Sewer System Utility Easement.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The property owner has requested the approval of a vacation of a
sanitary sewer system utility easement. The property was platted many years ago in 1960 and an easement
over the entire property was granted only for the sanitary sewer system to the City in 1972. A sanitary
sewer pipeline is located along the westerly boundary, along with private utilities. The City Engineer and
Public Works Director have reviewed the request and have verified that the vacation is acceptable
provided a new Drainage and Utility Easement of 10 feet along the westerly boundary is dedicated which
would be for both public and private utilities, and lot drainage.
ATTACHMENTS: Request for Council Action
Public Hearing Notice
Permanent Drainage and Utility Easement Agreement
Resolution 2019-070 Vacating Utility Easement
Easement Exhibit
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the
Permanent Drainage and Utility Easement Agreement accepting the easement and Resolution 2019-070
approving the vacation of a Sanitary Sewer Utility Easement.
PERMANENT DRAINAGE AND UTILITY EASEMENT
This agreement is made this _____day of ______________, 2019, by and between Travis Rahn,
owner and proprietor, 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 WAGNER-NOTSCH
SUBDIVISION as illustrated on the attached EXHIBIT A and described as follows:
The West 10.00 feet of Lot 1, Block 1, WAGNER-NOTSCH SUBDIVISION, according to the
recorded plat thereof, Stearns County, Minnesota.
IN WITNESS WHEREOF, the parties have hereunto executed this document the day and year
first above written.
GRANTOR
By _______________________________
Travis Rahn
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 Travis Rahn, owner and proprietor, known to be the persons described herein,
and who executed the foregoing instrument and acknowledged that he executed the same as his free act
and deed.
________________________________________
Notary Public
GRANTEE
CITY OF ST. JOSEPH
By_________________________________
Rick Schultz, Mayor
By _________________________________
Kris Ambuehl, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the _____ day of ____________, 2019, by Rick
Schultz and Kris Ambuehl, 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
RESOLUTION 2019-071
RESOLUTION VACATING AN EASEMENT FOR A SANITARY SEWER SYSTEM
WHEREAS, the City Council of the City of St. Joseph held a public hearing following publication, mail
and posted notice for the purpose of hearing those present to consider the vacation of a portion of a public
sanitary sewer system easement within the City of St. Joseph; and
WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a portion
of a public sanitary sewer system easement be vacated and discontinued;
WHEREAS, a new Drainage and Utility Easement shall be dedicated as described as follows:
The West 10.00 feet of LOT 1, BLOCK 1, WAGNER-NOTSCH SUBDIVISION, according to the
recorded plat thereof, Stearns County, Minnesota.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, STEARNS
COUNTY, STATE OF MINNESOTA, duly assembled that the following described public easement for
a sanitary sewer system as dedicated in Document Number 429279, filed in Stearns County Recorder’s
Office, Minnesota, is hereby vacated to wit:
Lot 1, Block 1, Wagner-Notsch Subdivision, Stearns County, Minnesota.
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Whereupon said resolution was declared duly adopted by the St. Joseph City Council this 16 day of
December, 2019.
____________________
Rick Schultz, Mayor
ATTEST:
_________________________
Kris Ambuehl, Administrator
SEAL
This document was drafted by:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374