HomeMy WebLinkAbout4B - Shady Beach EasementCONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
iNTRODUCTION:
BACKGROUND:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
AGE,WRT
4 (b) _
ROBERT BARTH,, ENGINEERING iNTERN
CONSIDER APPROVAL OF RELEASE OF EASEMENT LOT 6, SHADY
BEACH
MARCH 6, 1995
This item has been placed on the council agenda so that council might
consider approval of this release of easement. Attached to this
memorandum is the release document and an attendant exhibit, which
describes the easement to be released.
The easement to be released is a 20' wide sanitary sewer easement
recorded on September 18, 1975, about the time that the sewermain was
constructed through Shady Beach. Recent surveys showed that the
easement did not fit the sewermain. To correct this, staff comissioned
Valley Surveying to draw up an accurate easement which staff then
presented to the current owners, Harry and Janine AIcorn. The AIcoms
signed the new easement with the understanding that, once the the City
recorded the new easement, the old easement would be released. To
that end this item has been brought to Council.
1) Release the old sanitary sewer easement for Lot 6, Shady
Beach.
2) Deny.
Recommendation by Staff is to release the old easement.
Approval by the Mayor and Council authorizing the Mayor and City
attached ,RELEASE OF EASEMENT"
to enter into/'~he
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL oPPORTUNITY EHPLOYER
RELEASE OF EASEMENT
THIS INDENTURE made this day of ., 19 . , by and between Harry
Alcom and Janine Alcorn, husband and wife, of the County of Scott, State of Minnesota, parties
of the first part, and the City of Prior Lake, a municipal corporation, party of the second part;
WHEREAS, the parties of the first part are the owners of the following described land in
the City of Prior Lake, County of Scott, State of Minnesota, to wit:
Lot 6, Shady Beach. According to the plat thereof on file and of record in the office of the
Registrar of Deeds of Scott County, Minnesota.
and
WHEREAS, the party of the second part is the grantee of certain easements located on a
portion of 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 Agreement dated September 18 1975 made between
Theodore A. and Mary Joe Pouliot, husband and wife, and W.C. and Marion Youngquist,
husband and wife, the owners at that time of said lands, and the party of the second part, and
recorded on December 12. 1975 in the Scott County Recorder's Office as Document # 148096,
the party of the second part was granted easements for public utility purposes as described on
Exhibit "A" attached hereto; and
WHEREAS, the parties of the first part have granted the party of the second part certain
easements to replace the easements described herein and therefore desire the release, cancellation
and annulment of said easements described herein;
NOW, THEREFORE, in consideration of 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 release, quit claims and abandons unto said parties of the first
part the easement described on Exhibit "A" attached hereto.
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 drafted by:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
EXHIBIT "A"
DESCRIPTION OF EASEMENT
Lot 6, Shady Beach.
Lying within the boundaries of a strip of land twenty (20) feet in width, the center line of which
is described as follows:
Beginning at a point on the Northwest line of Lot 8, Shady Beach, said point distant 61.76 feet
from the most Northerly comer of said Lot 8; thence South 68°-58'-10'' East a distance of 110.55
feet; thence North 68°-54'-00'' East a distance of 84.08 feet; thence North 28°-11'-50" East a
distance of 111.00 feet; thence North 59°-52'-24'' East a distance of 104.82 feet; thence North
47°-03'-36'' East to the Northeast line of Lot 5, Shady Beach and there terminating. For the
purpose of this description the Northwest line of Lots 8 through 10, Shady Beach is assumed to
have a bearing of South 220-30, West.