HomeMy WebLinkAbout4D - Braddy Easement
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
SUBJECT:
DECEMBER 18, 2000 L
4D OO....I'L-J
SUE MCDERMOTT, CITY ENGINEER /
CONSIDER APPROVAL OF A RESOLUTION GRANTING
AN EASEMENT TO DALE AND SUSAN BRADDY, LOT 30
CANDY COVE PARK
DISCUSSION:
HISTORY
Candy Cove Trail was reconstructed as a part of the 1999
Improvement Project (#99-11) in the summer of 2000. During the
design process, it was discovered that a segment of the roadway
was outside of the platted right-of-way. In addition, it was
determined that excess right-of-way believed to be the City's was
actually MnDOT right-of-way. (See the attached survey.) The City
requested that MnDOT turn back the right-of-way and this action
was completed in January 2000.
CURRENT CIRCUMSTANCES
Staff has been working with the Braddys to acquire an easement
over Candy Cove Trail (Area A on the attached survey). In return
the Braddys would like an easement for driveway and landscaping
purposes over an area that they had been maintaining as their front
yard (Area B on the attached survey).
ISSUES
The owner of Lot 31, Candy Cove Park, has been working with
staff to determine building permit requirements on the lot. At the
time of permit approval, the Council will be asked to grant an
easement to the owner of Lot 31 over Area C shown on the
attached survey. The same action will be required for Lot 32.
CONCLUSION
Mr. and Mrs. Braddy have signed a quit claim form granting the
City an easement for Candy Cove Trail over Area A (see attached
162~g1e.ICreek Ave. S.E., Prior Lake, Minnesota 55372.1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
braddyeasemenl
survey). Staff recommends granting an easement for driveway and
landscaping purposed to Mr. and Mrs. Braddy.
The alternatives are as follows:
1. Approve Resolution OO-XX authorizing the Mayor and City
Manager to sign the attached quit claim form granting an
easement to Dale and Susan Braddy.
2. Table this item for a specific reason.
3. Deny the resolution.
A motion and second as part of the consent agenda to approve
Resolution OO-XX authorizing the Mayor and City Manager to sign
the attached quit claim form granting an easement to Dale and
Susan Braddy.
RESOLUTION OO-XX
RESOLUTION GRANTING AN EASMENT FOR DRIVEWAY AND LANDSCAPING
PURPOSES TO DALE AND SUSAN BRADDY
MOTION BY:
SECOND BY:
WHEREAS,
the State of Minnesota acquired real estate for trunk highway purposes; and
WHEREAS,
the Commissioner of Transportation has determined that the real estate is no
longer needed for trunk highway purposes and has conveyed and
quitclaimed the same to the City of Prior Lake; and
WHEREAS,
Dale and Susan Braddy, have requested an easement over a portion of the
property for driveway and landscaping purposes over the land described in
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE
THAT:
1. The Recitals set forth above are fully incorporated herein as if set forth herein.
2. The City grants an easement for driveway and landscaping purposes over the land
described in Exhibit A to Dale and Susan Braddy.
Passed and adopted this 18th day of December, 2000.
YES
NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
{ Seal }
City Manager
City of Prior Lake
16200~<@mrldf.WOCS.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
--~-------T---'
Individual (5) to Corporatior
or Partnership
EXHIBIT A
Miller-Davis Co., Minneapolis
Form No. 28-M--QUIT CtAl
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,20
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON:$
Date:
,20
(reserved for recording data)
FOR VALUABLE CONSIDERA T[ON,
City of Prior Lake
a municipal corporation
(marital status)
, Grantor (s),
hereby convey (s) and quitclaim (s) to
Dale E & Susan A. Braddy
, Grantee,
a husband & wife
real property in Scott County
under the laws of the State of Minnesota
, Minnesota, described as follows:
A perpetual easement for driveway and landscaping purposes over, under and across that part of the Southwest Quarter of
the Northeast Quarter of Section 36, Township [[5, Range 22, Scott County, Minnesota, described as follows:
Commencing at the southwesterly corner of Lot 30, CANDY COVE, Scott County, Minnesota; thence on an assumed
bearing of South 80 degrees 23 minutes 46 seconds East along the southerly line of said Lot 30, a distance of25.63 feet to
the point of beginning of the [and to be described, thence continuing South 80 degrees 23 minutes 46 seconds East along
said southerly line a distance of 54.32 feet to the southwest corner of Lot 31, of said plat; thence South 22 degrees 39
minutes 18 seconds West a distance of 71.84 feet; thence North 09 degrees 1 [ minutes 23 seconds West a distance of
[5.86 feet; thence along a tangential curve concave to the southwest, having a radius of 152.01 feet; a central angle of 24
degrees 20 minutes 41 seconds, an arch length of 64.59 feet to the point of ~eginning.
(if more space is needed. continue on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
City of Prior Lake
STATE OF MINNESOTA
} ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
by
day of
,20_,
, Grantor (s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real property described in this instrument should be sent
to (Include name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (NAME.AND ADDRESS):
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
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