HomeMy WebLinkAbout3D - Breckner Easement Agreement
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CONSENT AGENDA:
PREPARED BY:
SUBJECT :
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
HERITAGE
I891
COMMUNITY
1991
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3 (d)
DOUG HARTMAN, ENGINEERING TECHNICIAN
CONSIDER APPROVAL OF STIPULATION AND CONSENT
AGREEMENT FOR BRECKNER EASEMENT
AUGUST 5, 1991
The purpose of this Agenda item is to approve
the stipulation and Consent Agreement between
Ronald C. and Judith A. Breckner and the City
of Prior Lake.
Ronald C. Breckner and Judith A. Breckner are
in the process of registering their property
located at 4000 Grainwood Trail N.E. The
survey prepared for the Breckners' shows a
sanitary sewermain, gravel drive, and a fire
hydrant encroaching on the Breckner property.
Larry Brynestadt, an attorney representing the
Breckners', contacted the Engineering
Department and asked what interest the City
has in this property.
Apparently, the sanitary sewer and wabermain
were installed outside of the right-of-way
areas. Therefore, the City is requesting an
easement to maintain these utilities. Page
two (2) of the stipulation and Consent
Agreement describes the easements.
Description number one (1) is an easement for
roadway and utility purposes that will serve
to maintain the sanitary sewermain and also
provide an adequate sized road easement.
Description number two (2) describes the
watermain easement needed to maintain the
hydrant. Description number three (3)
describes an existing utility easement in
favor of the City of Prior Lake.
The alternatives are as follows:
1. Approve the Stipulation of Consent
A~reement contingent on Breckners"
s1gnatures.
2. Do not approve the stipulation of Consent
Agreement.
3. Table this item for further discussion.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 Ph. (612) 447-4230
Fax (612) 447-4245
RECOMMENDATION:
ACTION REQUIRED:
staff recommends that the Council approve the
stipulation of Consent Agreement contingent on
the Breckners' signing of the agreement.
Make a motion, as part of the Consent Agenda,
to approve the Stipulation and Consent
Agreement.
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NO. 88-0330'
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
In the Matter of the Application of
RONALD C. BRECltNER AND
JUDITH A. aREC~R
STIPULATION AND
CONSENT
To Reqister the Title to the Real
Estate in Scott County, Minnesota,
Described in the Report or Reports of
the Examiner of Titles o~-!i~~_he~~~n.
WHEREAS, Applicants are reqisterinq title to the real
estate described on Exhibit A attached hereto; and
WHEREAS, a roadway and sanitary sewer pipe have been
constructed on and under the Northwesterly lC feet ~f P~rcel C as
described on attached Exhibit A; and
WHEREAS, the City of Prior Lake is a named party
dafQndan~ to this proceeding and is asserting that it clai~s an
easem~nt in favor of the public over said Northwesterly 10 feet
of Parcel C for roadway and utility purposes; and
WHEREAS, the City of Prior Lake is asserting that it
=laim~ an easement in favor of the City OV~T the Scuth~ast~rly S
feet of th~ Northeasterly 8 feet of Parcel C as desc~ibed on
attache.d Exhibit A for w-ater line and hydrant purpos,~,5; and
WHEREAS, the Applicants are ~illing to grant the City
of Prior Lake such easements.
-
NOW THEREFORE, it is hereby stipulated and agreed to
between the undersigned as follows:
1. Ronald C. Breckner and Judith A. 9reckner, husband
and ~ife, do hereby qran~ and convey to the City of Prior r~kc ~n
ease~ent for roadway and utility purposes over the Southeasterly
10 feet of the Northwesterly 24 feet of Lot 5, 8lock 7,
GRAIllWOOO, as m~asured at a right anqle to th~ Northwesterly line
of said Lot S.
I 2.
and wife, do hereby qrant and convey to the City of P~ior Lak~ an
,
Ronald C. Breckner and Judith A. Brecxner, husband
easement tor the purposes of maintaining, repairing and/or
replacing water pipes and a hydrant on and under th.
Southeasterly S fe~t of the Northeasterly S feet, as ill~a$ured
along the Southeasterly and Northeasterly lines, of the parcel of
land described as follows:
Lot 5, except the northwesterly 14 feet
thereof, as measured at a right angle to
the northwesterly line of said Lot 5, and
the Northwesterly 36 feet of Lot 8, as
measured at a right angle to the northwest-
erly line of said Lot 8, all in Block 7,
GRAINWOOO, according to the plat thereof
on file and of record in the office of
the County Recorder, Scott County,
Minnesota
3. In exchange for the grant of said easements the
City of Prior Lake hereby consents to the entry of the Decree of
Registration as prayed for by the Applicants in the Amended
Application on file herein subject to the eas~rnents described
above, and also subject to an easement in favor of the City of
Prior Lake for ~anitary sewer, watermain, storm, drainage and
utility purposes on, across and under the North~asterly 30 feet
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of those parts of Lots 3, 6 and 7, Block 7, GRAINWOOD which are
described on Exhibit A attached hereto.
Oated:
, 1991
Ronald C. Breckner
Judith A. Breckner
CITY OF PRIOR LAKE
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