HomeMy WebLinkAbout4B - Westbury Ponds
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
4b
VERLYN RMEN, CIVIL ENGINEERING TECHNICIAN
CONSIDER APPROVAL OF RELEASE OF EASEMENT IN WESTBURY
PONDS
NOVEMBER 7, 1994
Due to encroachment into certain lots in Blocks 4 and 5 in the Westbury
Ponds subdivision by a sanitary sewer easement which does not fit the
location of the sewermain, a release of easement is necessary. The
purpose of this agenda item is to approve the release of easement.
The easement to be released is a 30' wide sanitary sewer easement
recorded on November 6, 1973, at about the time that the sewermain was
constructed through what was then a large unplatted piece of property.
The document dedicating this easement was recorded as document
number 138489, and it included descriptions of easements outside of the
plat boundaries of Westbury Ponds. This Mayor and Council action will
release only that portion of the easements within Westbury Ponds
subdivision.
See attached "Westbury Ponds Easement Release" map for reference.
Recent surveys done in conjunction with the Westbury Ponds
development show that the easement does not fit the location of the
sewermain for the majority of its length. In Blocks 4 and 5 the sewermain
is only slightly within the platted residential lots at one location which is on
Lot 10, Block 4 encroaching approximately 3 feet. At this location, the
drainage and utility easement dedicated in the plat provides the
necessary legal access to the sewermain. The sewermain also
encroaches into Outlot B. An easement has been executed by the fee
owner of Outlot B favoring the City of Prior Lake and this easement area
will be required to be dedicated on the future plat of Westbury Ponds 1 st
Addition. The remainder of the sewermain traverses Outlot A of Westbury
Ponds. This parcel has been deeded to the City of Prior Lake, therefore,
there is no need for an easement over this parcel.
The alternatives are as follows:
1. Approve the release because the easement to be released does
not fit the location of the sewermain, and therefore, does not
serve the purpose of providing legal access for the City.
2. Table this item for further discussion.
RECOMMENDATION: The release of this easement in conjunction with the execution of the easement
across Outlot B benefits everyone concerned, and alternative number 1 is
recommended by staff.
4629 Dakota St. S.E., Prior Lake, Minnesota 553?.f~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL oPPCmTUNITY EMPLOYER
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ACTION REQUIRED:
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LOCATION MAP - WESTBURY PONDS EASEMENT RELEASE
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SITE OF EASEMENT RELEASE
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PRIOR LAKE PLANNING DEPARTMENT 1994
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EXHIBIT A"
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THIS INSTR\l~mNl', dated this 4th day of' Sept.ember, 1973,
hy and hetliecn Echiard J. Simpkins, Guardian of \~:illialll J. SirnpkinA,
party of the first part, and the Village of Ppj,or Lake, a
lIlu:1icipal corporation organized under the laws (If the State of
HJnnesota, party of the second part;
\vllEREAS, William J. Simpkins is the fee owner 0 f the
foJ 10ldng described property situated in the COllnty 0 f Scott and
State of Hinn(~soLa 'to-wit:
Lot "A" plat of Spring Brook Park, Scott County, N:i.nIlosota;
That part of Government Lot 1, Section J, TOImship 114,
Range 22, Scott County, ~Iinnesota, lyinl{ southerly of
the plats of Green lIeights ami Green Heights FJrst
Addition and Spring Brook Park 2nd Addition and northerly
of State 'frunk Highway No. 13;
The West 1/2 of the Southliest 1/4 of Section 2, TOlmship
114, Range 22, Scott County, ~linne r;;oi;a lyil1~ nOl'therly
of State Trunk Highway No. 13; Eyer-; P'l' t,ho following
described parcels:
That part of said W! of tho [5\':\ ly:Ll{',,' within the
plats of Spring Brook PIll'I: lIHll .spr:!.'!i': Ilrook Park
2nd Addition, except said I,'Ji--, ",~ ":
Beginning at the interseeti.'1l1 '..:f i:h,,) enst lino of
said W! of the SW{ and the norther'): right of lmy
liIle of Trunk Highway No. 13; HHll'C'J IHll'th along
said east line a distance of 6S(). 0., (',,~~t; thencp. west
at right angles a distanco of JOO.QO feet; thence
sout.h parallel to said east line a distance of
795.94 feet more or less to the lIurthCl'ly righ"t of
way line;" thence northeasterly along said right
of way line to the point of beginning;
All that part of the South 390.0 feet of the West
820.0 feet (as measured at right angles) of the
Southeast quarter of the Southeast qllarter (SE~
of the 58,i) of Section 3, Township 114, Range 22,
Scott County, Hinnesota, lying Northerly of the
North'ly right of way line of Trunk lIiglmay No. 13;
That part of the West Half of Southwest Quarter
(w-k of SW-!), Section 2, Township 114, Range 22,
Scott County, ~1innesota, described as follO\~s: Conunencing
at the southwest corner of said West Half of Southwest
Quarter (W! of 5\'11); thence North P 08' 30" East
alonp; the west l.ine of said West Half of Southwest
Quarter (W! of Sl'l-!) a distance of 990.50 feet; thence
South 880 51' 30" East a distance of 150.78 feet
to the point of beginning of the tract to be described; thence
North 10 08' 30" East parallel to said west line a distance
of 1090.00 feet; thence South 880 51' 30" East a distance
of 792.27 feet to the intel'section with a line parallel
with and distant 366.0 feet west of the east line of
said \vest Half of Southwest Quarter (W~ of SW{); thence
South 000 44' 08" West along said parallel line a distance
of 1090.00 feet to its intersection ,11th a line which
bears South 880 511 30" East from the point of beginning;
thence North 880 51' 30" \"est a distance of 800.00 feet
to the point of beginning;
That part of the West Half of Southwest Quarter (W! of
S\V~), Section 2, Township 114, Range 22, Scott County,
l>linnesota, described as follows: Commencing at the
Soutln~est corner of said West Half of Southwest Quarter
(w-k of S\v-1); thence North 10 081 30" East along the west
line of said \vest Half of Southwest Quarter (S! of swi)
a distance of 2080.50 feet; thence South 880 51' 30" East
a distance of 943.05 feet to its intersection with a
line parallel with and distant 366.00 feet west of the
east line of said West Half of Southwest Quarter (\V,~ of
S\V~) and to the point of beginning of the tract to be
described; thence continuing South 880 51' 30" East a
distance of 66.00 feet; thence South 00 441 08" ''''est
parallel to said East line a distance of 1298.72 feet
to the northerly right of way line of State Trunk Highway
No. 13; thence southwesterly along said right of way
line a distance of 72.84 feet to its intersection with sald
parallel line distant 366.00 feet west of the east line
of said West Half of Southwest Quarter (w-k of S\vi); thence
Nort,h 00 441 08" East along said parallel line a distance
of 1330.00 feet to the point of beginning.
WITNI::SSEl'!l, That the said party of the first part, in
consideration of the deferment of special assessments hereinafter
de.scribed, does hereby Grant, Bargain, Sell and Convey to said
party of the second part, an easement in perpetuity for municipal
.
sanitary sewer, storm sewer, and \1ater purposes, including the
right to enter for the purpose of constructing, maintaining,
altering, repairing and reconstructing the sanitary sewer, storm
sewer, and water systems in, under, and over the following
described property situated in the COWlty of Scott and State 0 f
Hinnesota, to-wit:
That part of Government Lot 1, and that part; of the
Southeast Quarter of 'the Southeast Quarter of Section
3, Township 114, Range 22, described as fo110\1s:
A strip of land 30 feet in width lying IS feet either
side of the following described line: BClr;iulling at
a point on the South line of Lot IIAII Spring Brook
Park 2nd Addition, distant 10.00 feet Westerly of the
Southeast corner of said Lot "All; thence South 00
00' East parallel with the East line of said Section
3 a distance of 260.81 feet; thencCl South'i4 0 251 \'!est
a distance of 322.19 feet; thence South 21u 10' \"es-l;
a distance of 162.16 feet; thence South 890 12' \vest
578.04 feet; thence South 10 291 East a distance of
178.30 feet; thence South 770 10' West a distance of
439.20 feet more or less to the West line of said
Southeast Quarter of the Southeast Quarter and there
terminating.
AND
The North 332.00 feet of the East 15.00 feet 0 f the
West half of the Southwest Quarter of Section 2,
Township 114, Range 22
AND
That part of the West half of the Southwe st Quarter of
of Section 2, Township 114, Range 22 lying 15.00 feet
either side of the following described line:
Beginning at a point on the East line of said \vest half
of the Soutlwe st Quarter distant 881.05 feet North of the
intersection of said East line with the Northerly line
of Trunk Highway #13; thence West at right angle to
said East line a distance of 300.00 feet and there
terminating.
All special assessments which would normally be levied
against any part of the property first above described, caused by
construction of said municipal sanitary sewer, storm sewer, and
water improvements, pursuant to the easements hereby granted, are
deferred until such time as said part is used for other than
agriculture purposes, except, any of said assessments against
said Lot "A", Spring Brook Park, are deferred until such ti.me as
the fee title to same is conveyed. Conveyance of the fee title,
as said term is used herein, shall not include a Final Decree of
the County Court, Probate Division, in the administration of the
estate of said ll'illiam J. Simpkins, in case of the latter's death.
The party of the second part shall, in the constructing,
maintaining, altering, repairing and reconstructing said sanitary
sewer, storm sewer and water improvements, replace any shrubs,
sod or other surface removed or destroyed by any excavation in
connection with said improvements, to the same condition as before
such excavation.
Deferment of special assessments as used herein shall
mean there shall be no accwnulation of deferred annual install-
ments all to become due and payable at the time when said
deferred period ceases. The amortization of any special assess-
ments levied shall not commence until said deferred period ceases,
the first installment to become due and payable during the
calendar year following the year in which said property is used
for other than agriculture purposes or said fee title is conveyed,
as above described.
In the event the party of the second part should
construct a street through said easement tracts at any time in
the future, the said party of the second part does hereby agree
.
to asswne all costs of relocation or extension of said sanitary
construction.
sewer, storm sewer, and water improvements necessita-ted by such
IN WITNESS \VHEREOF, the parties have hereunto set their
hands the day and year first above written.
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STATE OF ~IINNESOTA
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COUNTY OF SCOTT
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Edward J. 8'impki.ns, Guardian of
William J. Simpkins
VILLAGE OF PRIOR LAKE
llY-: '~JLg;" Afl-;t
,ralter Stock, Mayor
-2Jt c"ltL-~f)2f!~,,~' (
~Iichael HcGuire, Clerk
On this 4th day of September, 1973, before me. a Notary
Public within and for said County, personally appe ared Edwal'd J.
Simpkins, Guardian of William J. Si.mpkins, to me known to be the
person described in. and who executed the foregoi.ng instrwuent,
and ac~now1edged
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that he executed the same as his free act and deed.
.vJ1U
Richard J. Hen e, Notary Public.
Soot'\; COlUlty, Hinnesota
>>y co~n~ssion expires October 6, 1974
STATE OF MINNESOTA)
(ss
COUNTY OF SCOTT )
On this 4th day of September, 1973, before me, a Notary
Public within and for said County, personally appeared Walter
Stock and Michael l>lcGuire, to me personally known, who, being
by me first duly sworn did say that they are the f.layor and
Clerk of the Village of Prior Lake, Scott County, Hinnesota;
that the seal affixed to the foregoing instrument is the corporate
seal of said Villagi;l, and that said instrument was executed in
behalf of said Village by authority of its Council; and said
'Yalter Stock and "lichael lolcGuire ackno,lledged said instrwnent
to be the free act and deed of said Village.
NJtl4
7$<'~tf-~(;J!c()l{{j~J ~ G,,~t~
Subscribed and sworn to before me
this 4th day of Septem 1', 1973
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RELEASE OF EASEMENT
THIS INDENTURE made this _ day of , 19 _, by
and between Westbury Development Cor:poration. a Minnesota Cor:poration, party
of the first part, and the City of Prior Lake, a municipal corporation, party of the
second part;
WHEREAS, the party of the first part is the owner of the following described
land in the City of Prior Lake, County of Scott, State of Minnesota, to wit:
Lots 9 & 10, Block 4, Westbury Ponds
Lots 1, 2 & 3, Block 5, Westbury Ponds
Outlot B, Westbury Ponds
and
WHEREAS, the party of the second part is the grantee of a certain easement
located on the above-described land located in the City of Prior Lake, County of
Scott, State of Minnesota described on Exhibit "A" attached hereto and made a part
thereof; and
WHEREAS, under an Easement dated September 4. 1973 made between
Edward J. Simpkins, Guardian of William J. Simpkins, the owner at that time of
said lands, and the party of the second part, and recorded on November 10, 1973 in
the Scott County Recorder's Office as Document No. 138489, the party of the second
part was granted an easement for public utility purposes as described on Exhibit
"A" attached hereto; and
WHEREAS, the party of the first part has granted the party of the second
part a certain easement to replace the easement described herein and therefore
desire the release, cancellation and annulment of said easement described herein;
NOW THEREFORE, in consideration of the sum of One Dollar paid by the
party of the second part to the party of the first part, and the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
whereof is hereby acknowledged, the party of the second part hereby releases, quit
claims and abandons unto said party of the first part that portion of the easement
described on "Exhibit A" attached hereto which lies within the plat boundaries of
Westbury Ponds.
IN TESTIMONY WHEREOF, the party of the second part has hereunto set
its hand the day and year first above written.
CITY OF PRIOR LAKE
By:
Its Mayor
By:
Its City Manager
This instrument was drafted by:
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
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