HomeMy WebLinkAbout4J - Lemke Property
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
4J
VERL YN RAAEN, ENGINEERING TECHNICIAN
CONSIDER APPROVAL OF RELEASE OF EASEMENT ON
LEMKE PROPERTY NORTH OF GATEWAY STREET
OCTOBER 6,1997
INTRODUCTION:
This item has been placed on the Council agenda for the Mayor
and Council to consider approval of a release of easement.
Attached are the release document, a blanket easement
Document No. 184273, and the subsequent easement Document
No. 185173.
BACKGROUND:
The easement acquired in Document No. 184273 created a
blanket easement over the entire vacant parcel of land adjacent to
and north of Gateway Street for the purpose of allowing the City to
install a storm sewer pipe in 1981. Soon after, the City acquired
the easement in Document No. 185173 which reduced and
defined the easement area of the blanket easement establishing a
15' wide easement centered on the storm sewer pipe. With the
documentation of this 15' permanent easement, the blanket
easement serves no purpose and can be released as requested
by property owner Paul Lemke.
ALTERNATIVES:
There are three alternatives for the City Council to consider:
1. Approve the release of the blanket easement, Document No.
184273.
2. Table the release for a specific reason.
3. Deny the release. .
RECOMMENDATION:
The release of the blanket easement is in everyone's best
interest. Recommendation by staff is to release the blanket
easement, Alternative NO.1.
ACTION REQUIRED:
ii' //
162~~M~~;~ Creek Ave. S.E., Prior Lake, Minnes~'~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(Reserved for Recording Data)
RELEASE OF EASEMENT
RELEASE OF EASEMENT granted this day of
PRIOR LAKE, a Minnesota municipal corporation ("City").
, 19 , by the CITY OF
RECITALS
1. The City acquired a blanket Easement interest for drainage purposes from Gateway
Development Co. dated August 28, 1981, and recorded November 5, 1981 as Document No.
184273 in the office of the Scott County Recorder ("Blanket Easement) over the following
described property:
See Attached Exhibit "A" (hereinafter "Subject Property").
2. The City acquired a subsequent easement for storm sewer and drainage purposes upon
installation of a storm sewer over the Subject Property (said easement is dated December 7,
1981, filed January 7, 1982 as Document No. 185173 in the office of the Scott County
Recorder, State of Minnesota) which easement reduced and defined the easement area of the
Blanket Easement.
3. The City has further determined that said Blanket Easement across the Subject
Property is no longer needed.
Now, THEREFORE, the City of Prior Lake for good and valuable consideration, does
hereby release the Subject Property from the easement dated August 28, 1981 and recorded
November 5, 1981 as Document No. 184273 in the office of the Scott COunty Recorder. This
Release of Easement applies only to said easement and not any other rights of the City over,
under or across the Subject Property. In particular, the City does not release the following
easement interests:
Easement for roadway and utility purposes dated July 17, 1981,
filed November 5, 1981 as Document No. 184272 in the office of
the Scott County Recorder, State of Minnesota.
Easement for storm sewer and drainage purposes dated December
7, 1981, filed January 7, 1982 as Document No. 185173 in the
office of the Scott County Recorder, State of Minnesota.
Dated this _ day of
,1997.
CITY OF PRIOR LAKE
By:
Lydia Andren, Mayor
By:
Frank Boyles, City Manager
STATE OF MINNESOTA)
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager, of the CITY OF
PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to authority granted by the its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
EXHIBIT "A"
TO
RELEASE OF EASEMENT
(Legal Description)
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the Southwest comer of said Southwest Quarter of the Southwest
Quarter; thence East along the South line thereof a distance of 393.00 feet to a point
hereinafter referred to as point "A"; thence North at right angles to said South line a
distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet
more or less to a point 200.00 feet West of the East line of said Southwest Quarter of
the Southwest Quarter; thence Northerly and parallel with said East line a distance of
246.91 feet to the actual point of beginning of the tract of land to be described; thence
continuing Northerly parallel with said East line a distance of 70.60 feet; thence
deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of
376.61 feet; thence Northwesterly along a line drawn at right angles from the
Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet
to the South~asterly right-of-way line of said State Trunk Highway No. 13; thence
Southwesterly along said right-of-way line to its intersection with a line drawn North at
right angles to the South line of said Southwest Quarter of the Southwest Quarter from
the aforementioned point "A"; thence South along said line to its intersection with a line
drawn West parallel with said South line of said Southwest Quarter of the Southwest
Quarter from the actual point of beginning; thence East along said parallel line to the
actual point of beginning.
Abstract Property
XXXX Gateway Street, Prior Lake, MN 55372
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OFFICE COpy-_.
!AS !IIIBft
TIIIS INSTRUIWI'l"". ..~ thh 28thday of AuiUst . 191.1.. bY'
and ~tw..n Ga~-ay Developnent Co.. a partnership coosistin2 of
M. FJImett Knox. Frri J. Wic1cer and Janice E. Gans ____
of the County of Scott, State of Minnesota, pact~ of the first p.r~.
and the CITY or PRIOR LASS. . aunicipal corporatLon, party of the second
part,
WITNESSETS. tha~ tbe said p.rt~ of the first part 1n coa-
sideration of On. Dollar and other good and valuable consideration. to
it 1n hand paid by the said pacty of the second part, the receipt
of which is hereby acknowledged, doeS hereby Grant, Bargain. Sell,
Convey and Warrant to said party of the second part, the easements
~ituated in Scott County, Minnesota, described on Exhibit -A- attached
hereto and made & p&c~ hereof.
IW nSTIJIOn NBEREOPa. the. saId partL of the. f1rat p&r~ h-i.:":-. ~ "-
hereunto set i~ hand(.) the
STATE OF ~INNESOTA)
) 55
COUNTY OF Scott )
On th is 28th day of ~t
, 198~, before me, 4 Notary
Public, within and for said County, personally appeared Frank J. Wicker..
Partner. for Gateway Development Co~
to me known to be the person__ described
in and who executed the foregoing instrument and acknowledged that _he__
executed the same as
his
, e-- -. -_, - JANE M. WICt<ER_ - _ t' _,_
- N01'AIY 1IU1UC- MINHaOtA ,_
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free act and deed.
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OS M EASEMENT NO.
O..crlpt'on and Dr.wlng
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SHOULD BE: Gateway Development Co.,
a partnership consisting of
M. Emmett Knox, Frank J, Wicker and
Janice E, Gans
3600
82414
. lCJli Beach Trail
innesota 55372
DESCRIPI'I~ CF FASEMENI':
A blanket drainage easE!tent ewer, lI'rler, and across that part of the Southwest
()Jarter eX the Southwest ().larter of Secticn 36, ~ip 115, Range 22, Soott
Camty, Minnesota described as folla.iS: 0:::mtencin3 at the Southwest oxner of
said Soutl"Mest (Uarter of the Southwest ().larter: thence East alClO3 the South
line thereof a distance of 393.00 feet to_ a point hereinafter referred to as
point -A-: thence ~rth at right angles to said South line a distance of
173.00 feet: thence East parallel with said South line a distance of 717.34
feet IIDI'e Qt> less to a point 200.00 feet 1ieIIt of the East line of said
.SoJtlvest ~rter cL the Southwest ~rJ . thence Rxtherly a'X3 parallel With
:eaid Fast line a distance of 246.91 feet to the actual point at. beginrlini of
'fthe tract d la.n5 to be described; thence amt.1roin3 lbrtherly parallel vith
said Past line a distance of 70.60 feet: thence deflectin;J to the Left ~t an
&rr;lle eX 82 degrees 15 minutes 01 seo::nds a ais~ of ')76.61 feet: thence
N:>I1:llwest:.erly alcng a line drawn at right angles fran the Southeasterly right
of Wirj line eX State Trunk Highway lb. 13 a distance of 143.62 feet to the
. Southeasterly right of way line of said State Trunk Highway lb. 13: ~oe
Scot.~terly along said right of '-1a'j line to its intersecticn with a line
dra'wn !brth at right angles to the South line of said SoutJr-rest ().larter of the
SaJt..~t ().larter fran the aforE!Tlenticned p:>int -A-; thence Sooth along said
line to its intersect.ioo w~th a line drawn west parallel with said South line
of said S:\JtiJ,.>est C).lart~r m the Sou~t ~rter fran the actual p:>int d.
beginning; thence east alc.ng said parallel line to the point cL beginning.
Sa id easement CXJntAins 2. 42 Acres JIOI'e 0[' 1 ess .
~ City of Prior !Me intends to red.loe i!ITrl define the easer.ent at such time
as storm sewer is ins tal led .
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EASEMENT
THIS INSTRUMENT, made this 7th day of
O F."'':j= "1 A'<fo.. ':'<:"'"lI
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December , 1981 :.'-bY
and between
Gateway Development
of the County of Scott, Sta~e of Minnesota, part~ of the first part,
and the CITY OF PRIOR LAKE, a municipal corporation, party of the second
part1
WITNESSETH, that the said part~ of the first part in con-
sideration of One Dollar and other good and valuable considerations to
it in hand paid by the said party of the second part, the receipt
of which is hereby acknowledged, do~ hereby Grant, Bargain, Sell,
'Convey and Warrant to said party of the second part, the easements
situated in Scott County, Minnesota, described on Exhibit "A" attached
hereto and made a part hereof.
IN TESTIMONY WHEREOF, the said part~ of the first part ha~
hereunto set its
hand(s) the day and year first above written.
STATE OF MINNESOTA)
) SS
COUNTY OF )
On this 7th day of
December
, 1981-, before me, a Notary
Public, within and for said County, personally appeared
Fr:mk.T Wicker,
Partner, Gateway Development.
to me known to be the person__ described
in and who executed the foregoing instrument and acknowledged that he
executed the same as
hi~
free act and deed.
Prepared by:
Orr.Sch81i~n. ~.,t?aYGron
8.. k~soc!ates, Inc.
2021 East Henr~epin
Minneapo!is, ['JlN 55413
~)JJ. d~o
o ary Publ1~
Jane M. Wicker
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I Q""W"i; JP,:E M. WICKER
i. -..:It NO,A::"] ~11611C-MINNESOTA
....... ... SCOTT COUNTY'
1 MY COMMI9SI~ EXPIR:S !une 21, 1995 6~~
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OS M EASEMENT NO.
Description and Drawing
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. LU~ Dec. 3, 1981
. I..A AMI' .0.. DATI
WA,", I. lONG 110. NO. '''2
ORR. SCHELEN . MADRON. ASSOCIATB8.INC.
'''I IAn IIUIIIPlII In . '"111 ,.1 . ..III1IA'OLla. .'1111110'" tun .. '"11 UI.....
NOT E: No bou"d." "',.., work ... ,.,..,..d at to tho ".ci..
loc.tion of thi. troct.
OWNER: Gateway Development Co., A partnership
DESCRIPTION OF PARCEL:
That part of the Southwest Quarter of the Southwest Quarter of
Section 36, Township 115, Range 22, Scott County, Minnesota described
as follows: Commencing at the Southwest corner of said Southwest
Quarter of the Southwest Quarter; thence East along the South line
thereof a distance of 393.00 feet to a point hereinaftr referred to as
point "A"; thence North at right angles to said South line a distance
of 173.00 feet; thence East parallel with said South line a distance
of 717.34 feet more or less to a point 200.00 feet West of the East
line of said Southwest Quarter of the Southwest Quarter; thence
Northerly and parallel with said East line a distance of 246.91 feet
to the actual point of beginning of the tract of land to be described;
thence continuing Northerly parallel with said East line a distance of
70.60 feet; thence deflecting to the left at an angle of 82 degrees 15
minutes 01 seconds a distance of 376.61 feet; thence Northwesterly
along a line drawn at right angles from the Southeasterly right of way
line of State Trunk Highway No. 13 a distance of 143.62 feet to the
Southeasterly right of way line of said State Trunk Highway No. 13;
thence Southwesterly along said right of way line to its intersection
with a line drawn North at right angles to the South line of said
Southwest Quarter of the Southwest Quarter from the aforementioned
point "A"; thence South along said line to its intersection with a
line drawn west parallel with said South line of said Southwest
Quarter of the Southwept Quarter from the actual point of beginning;
thence east along said parallel line to the point of beginning.
DESCRIPTION OF EASEMENT:
A 15.00 foot permanent easement for storm sewer and drainage purposes
over, under and across the above described parcel. The centerline of
said easement is described as follows:
Commencing at the Northeast corner of the record plat of Gateway
Center, 1st Add'n; thence West, record bearing along the North line of
said plat 158.55 feet to the point of beginning of the center line to'
(Page 1 of 2)
be described; thence North 47.10 feet; thence North 38 degrees 01
minutes 50 seconds East 51.08 feet to a point in the Northerly line of
the above described parcel distant 128.03 feet Westerly of the
Northeast corner thereof and said center line there terminating.
And a temporary construction easement over, under and across that part
of the above described parcel lying 22.50 feet on each side of the
above described center line.
Said permanent easement contains 1,100 square feet, more or less.
Said temporary easement contains 2,150 square feet, more or less.
Said temporary easement expires December 31, 1982.
(Page 2 of 2)
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