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Home My WebLink About3J - Mahaney Utility Easement Release I I CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: HERITAGE 1891 COMMUNITY 1991 2Q91 18J$jV' 3 (j) LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF UTILITY EASEMENT RELEASE FOR MICHAEL MAHANEY DECEMBER 17, 1990 Michael Mahaney is in the process of title registration for his property on Todd Road. The survey of the property determined that an easement which was acquired by the City in 1974 does not cover the location of the utilities in place. Mr Mahaney has signed a new easement which describes the proper location. The request of the Council is to relinquish the easement acquired in 1974. Staff has been work~ng with Attorney, Bryce Huemoeller, who 1S handling the title registration for Mr. Mahaney and has provided the proper signed easement. The appropriate action for the Council is to release the easement which was previously acquired. The attached document, when signed by the Mayor and City Manager, viII release the easement. The following alternatives exist: 1. 2. as submitted by Approve the Staff. Table the information. request request for additional Staff recommends that the request be approved b~ authorizing the Mayor and City Manager to s1gn the Release of Easement Agreement. Motion, as part of the Consent Agenda, to approve the release of the easement by authorizing the Mayor and City Manager to sign the Release of Easement Agreement. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 \ \ EJ ,q'lf EASEMENT I \ Jo · TO 8E RELEASED ~ ~ NEW EASEMENT . FO 3Jlt.'.IlI. . , Sl6NEO 8Y MAHAN I , .. "l ___, " FD I/Z.' '" \ :....-.Q .-1/ , ~ iSAN. IIIH. <tO~~., '~ ~,,. - _ f,04 ___- (1\eO'# ~5'" . 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I ~L_j",....-'t"n.'" ....~ , ___ \ - ...,. ..-'........ . ...' .... , , . ... . t- -. 'I I I I I I ! I (-) . . ..... , ...~. -' ~I ,.. ....." . @ 2~2!>~o ooc !'IO' 'I OE ~~EP. w~~R::r f€E~~E~ J. 9-p & 4, to! . ~\J~EO & W\fE. ~\JS8~~ I "Oa\~ I -I! .~ .1 01\ ~ .\-~ f coO \0 , N~ Z i ~ I \J \: f I .~;';:" ~ .\ HUEMOELLER & BATES ATTORNEYS AT LAW POST OFFICE BOX 67 16670 FRANKLIN TRAil PRIOR LAKE. MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOEllER T~I~phon~ (612) 447.2131 T~I~opi~r (612) 447.56211 November 19, 1990 f:1~c /fOy ~/V~D ?O ~/Jy .1990 VIf J 0,:. (~ Mr. Larry Anderson City of Prior Lake 4629 Dakota street Prior Lake, MN 55372 Re: Michael w. Mahaney Title Registration Proceeding Dear Larry: I am enclosing copy of the signed utility Easement for your information and a proposed Release of Easement to be signed by the Mayor and City Manager. Please return the signed Release of Easement to me and I will arrange to have the Release and the replacement utility Easement recorded so that we can complete our title registration proceeding. I am also enclosing a statement covering the cost to obtain a revised legal description and draft a replacement easement and release. Please call if you have any questions or need additional information from us. Sincerely yours, !3~yu Ai. hk/f~~ /tZI- Bryc~ D. Huemoeller BDH:ab Enclosures cc: Michael w. Mahaney UTILITY EASEMENT BY THIS INDENTURE, the undersigned, (Grantor), hereby grants to the City of Prior Lake, its Successors and assigns, (Grantee). a perpetual easement and right to install, repair. maintain. alter and operate sewers. storm drains and watermains, in. into. upon. across and under the following described land, (Easement Area). to-wit: A strip of land, 20 feet in width, in Government Lot 3. Section 3. Township 114, Range 22. Scott County. Minnesota. whi~'~s described as follows: ~A;irlC!.i.~ mm.~. ~ sduthwest Corner of said Government Lot 3; en ~ , ' ~~ed bearing of North 00 degrees 00 minutes ' 'along the west line of said Government Lot 3, a distance of 1022.20 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 140.92 feet to the southeast corner of Tract A. Registered Land Survey Number 129. said southeast corner being 23.00 feet northeasterly of the most southerly corner of said Tract A. said southeast corner also being on the northerly right-of-way line of Todd Road according to the monumented plat of PRIORWOOD; thence North 74 degrees 23 minutes 45 seconds East along said northerly right-of-way line a distance of 99.82 feet; thence North 06 degrees 22 minutes 59 seconds West a distance of 151.60 feet to the point of beginning of the centerline to be described; thence South 71 degrees 14 minutes 35 seconds west to the intersection with the east line of said Tract A, Registered Land Survey No. 129. and there terminating. The side lines of said easement shall be shortened or extended as required to provide a continuous 20.00 foot wide easement across the property. This Utility Easement is granted subject to the following mutual covenants: 1. Grantee shall. after installation of its facilities, or after the exercise of any rights granted herein. restore the Easement Area to as near its original condition as is reasonably possible and remove therefrom all debris, spoils and equipment resulting from or used in connection with the installation or exercise of rights. 2. Grantor reserves the right to enter upon and use the Easement Area for any purpose so long as such use does not unreasonably interfere with the Grantee use of the Easement Area or otherwise endanger Grantee's facilities. 3. This easement grant is non-exclusive. 4. This easement grant is made subject to all existing ease- ments of record. 5. Grantee shall indemnify. defend and hold the Grantor harmless against any claims for personal injury. death and prop- erty damage. which may arise out of the Grantee's use of the Easement Area or exercise of the rights granted to Grantee under this Indenture. 6. This Indenture shall bind and inure to the benefit of the parties hereto and their respective heirs. representatives. suc- cessors and assigns. EXECUTED IN WITNESS HEREOF on this ~ day of )JOU<=:v..JAI..199D. \1 ~ -Jl_~\) ~~~ ___ A ~}CHAEL W. MAHANEY 0 I STATE OF MINNESOTA) )55. COUNTY OF SCOTT ) /s This utility Easement was acknowledged before me on this day of l7a~~~ 1990, by Michael w. Mahaney, a single person, (;;ulu t( du;'o.'J I-+~ Notary Public ' This instrument was drafted by: 8#'.~ AHDAEA.~ .I' NOtMY~""'A \ sconoc:unv ':. r"'~"""""'1o:3 Hun.it'LI i.Ln 0- e,'\TES /. r . '-~:\' ~[Y3 '\ T lA'" Wj7(~! rV':'I'\!.H.j HV\ll PRIOR LAKE, MN. 35372 -2- I RELEASE OF UTILITY EASEMENT BY THIS INDENTURE. the undersigned. being the owner and holder of certain public utility easements established by Ease- ment Agreement. dated February 4. 1974. recorded February 13. 1974. as document 139608. (the Utility Easements). over. across and under the follOWing described land. (the Burden Parcel). to- wit: That part of Government Lot 3. Section 3. Township 114. Range 22. Scott County. Minnesota described as follows: Commencing at the southwest corner of said Government Lot 3; thence on an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the west line of said Government Lot 3. a distance of 1022.20 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 140.92 feet to the southeast corner of Tract A. Registered Land Survey Number 129. said southeast corner being 23.00 feet northeasterly of the most southerly corner of said Tract A. the point of beginning of the land to be described; (said southeast corner also being on the northerly Right-of-Way line of Todd Road according to the monumented plat of PRIORWOOD). thence North 74 degrees 23 minutes 45 seconds East along said northerly Right-of-Way line a distance of 99.82 feet; thence North 6 degrees 22 minutes 59 seconds West a distance of 275 feet more or less to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with the east line of said Tract A; thence southerly along said east line to the point of beginning; hereby releases and cancels the Utility Easements and quit claims unto the grantors and their heirs. successors and assigns, all right. title and interest of the undersigned in and to the Benefited Parcel. EXECUTED IN WITMESS HEREOF on this ____ day of CITY OF PRIOR LAKE . 1990. BY ITS MAYOR AND ITS CITY MANAGER State of Minnesota) )5S. County of Scott ) This Release of Easement was acknowledged before me on this day of . 1990. by Lydia Andren and David J. Unmacht. the Mayor and City Manager. respectively. of the CITY OF PRIOR LAKE. on its behalf. Notary Public This instrument was drafted by: ~~i <;:;::~ ~: /j::):.,..'::::;,TG l6G-if,) FI{f~: t:\L!t'J Ti."L PRIOR LAKE. MN. 55372 I