HomeMy WebLinkAbout4F - Costello's Addition
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
4(t)
LARRY J. ANDERSON, DIREcroR OF PUBLIC WORKS
RELEASE OF LOT 5, BLOCK 2, COSTELLO'S ADDITION
EASEMENT ON 16044 JORDAN AVENUE
SEPTEMBER 13, 1993
INTRODUCTION:
The sale of an existing home on the above referenced lot on which
the City operates a sanitary sewermain and over which the City has
an easement lot has prompted the request for a Release of
Easement.
BACKGROUND:
On February 20, 1965, the City acquired Lot 5, Block 2, Costello's
Addition. A sanitary sewer line crosses the lot. The purchase of
the lot created in Document Number 108181 created a sanitary
sewer easement over the entire lot The lot was subsequently sold
without releasing the easement. A home was built on the lot in
1977 with appropriate setbacks from sanitary sewer and the
easement.
DISCUSSION:
To clear title on the parcel, Staff suggests that the old easement be
released and a new easement be provided to the City to cover the
actual location of the sanitary sewer. The owner concurs with this
and has agreed to sign the attached easement in exchange for the
City releasing the old easement. This procedure has been
successfully used in the past when conflicts existed with
easements.
The attached map shows the location of the lot where the easement
is being released.
ALTERNATIVES:
The alternatives are as follows:
1. Approve a motion authorizing the signing of the attached
"RELEASE OF EASEMENT" by the Mayor and City
Manager.
2. Do not approve motion in Alternative #1 for a specific
reason.
3. Table the item.
RECOMMENDATION: The release and signing of the easement benefits everyone
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
FINANCIAL IMPACT:
ACTION REQUIRED:
CAGE4F.WRT
concerned. Recommendation is to release the existing easement by
approval and signing of the attached "RELEASE OF
EASEMENT".
There is no financial impact on the budget by this action.
The action required is a motion authorizing the Mayor and City
Manager to sign the attached "RELEASE OF EASEMENT" for
Lot 5, Block 2, Costello's Addition.
RELEASE. OF EASEMENT
THIS INDENTURE made this _ day of , 19 _, by
and between Duane L. Crocker and Meridee A. Crocker, 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 5, Block 2, Costello's Addition
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 Agreement dated February 20, 1965 made
between Earl Ehlers and Katherine Ehlers, a husband and wife, the owners at that
time of said lands, and the party of the second part, and recorded on May 24. 1965
in the Scott County Recorder's Office as Document No. 108181 in Book 165, pages
235 and 236, the party of the second part was granted an easement 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 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 parties of the first part, and the mutual covenants
and agreements contained herein and other good and valuable consideration, the
receipt whereof is hereby acknowledge, the party of the second part hereby releases,
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
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SEPTEMBER 13, 1993
RELEASE OF EASEMENT ON LOT 5,
BLOCK 2, COSTEllO'S ADDITION
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RELEASE OF EASEMENT ON' LOT 5
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PROPOSED 20' SANITARY
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DESCIUP l'ION: )
Lot 5, Block 2 t plat of CO:3TELLO' S ADDITION Scott, ,pi>Un~y, Minnesota.
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The house as proposed -...vill overlap "Jle'
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Ind,vldual (,I to COrpor81l0n
or p.ftnerthip
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No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No._~_.~.~____~._
___n,~__~_,,_,,~,___, 19 _._~
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County Auditor
by _._
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Deput
STATE DEED TAX DUE HEREON $
Date:
,_ ,19 "'_
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(reserved for recording dal<l)
FOR VALUABLE CONSIDERATION, ..J)JJ.ane...1~.anLM.er1.d.e,LA......c.r.Q.c.~.(~ _~_~_,____
"-----..h\l.Jilu!.ruLaruLlti~__n___._~_ ,Grantor (s),
{marital status}
hereby convey (s) and quitclaim (s) to the Ci~f Prior Lak~_..__,___~_,~
-~-~ _._--._-~--___~_____~. Gran~ee.
a _...!"IJ..nicipal corporation under the laws of "the State of Minnesota
real property in Scott County, Minnesol<l, described as follows:
An easement to construct, operate, maintain and repair a Dublic sanItary se~er over,
under and across that part of Lot 5, Block 2, Costello's Addition, Scott COUllty,
Minnesota described as follo~s:
A strIp of land 20.00 feet in wedth the centerline of which is described as follJws:
Beginning at a point on the east line of said Lot 5 distant 13.30 feet south
of the northeast corner of said Lot 5; thence s~uthwe,terly to a ?oint on
the west line of said Lot 5 distant 0.80 feet north of the south~est corner
of said Lot 5 and there terminating.
The side lines of said easement shall be shortened or extended as required to pro\'ide
a continuous 20.00 faot wide easenent across the property.
(If more space is needed, continue on back)
together with a1l heredil<lments and appurtenances belonging thereto,
,\rrl)'; 1J"",j Tn ;;laml' Ilu~
~uane L. Crocker
STATE OF MINNESOTA
Meridee A. Crocker
COUNTY OF
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The foregomg instrument was acknowledged before me this
by
day of
,19~,
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
, Grantorls).
SIGNATUaE OF PERSON TAKING ACKNOWLEDGMENT
Tax Stattmenh for tb. rul property duc:rlb.d In thll In.trument .h~\.i1d
be Ifmt to (Include name and addr... of Grant..):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADORE-55):
CITY OF PRIOR LAKE
4629 Dakota Street S.E.
Prior Lake, MN 55372
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