ITEM 4.1 Autumn WoodsV-1,32
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DEPARTMENT INFORMATION
Request for
City Council Action
of lhCATI I DEPAf T(E T:
µREQUE To :
MEETING DATE:
Legal
Ander MacArthur, City Attrner
October 28., 2013
PRESS TE (s):
REVIEWED BY:
ITEM ##:
City Attorney MacArthur
City Administrator Johnson
4.1
AGENDA ITEM DETAILS
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RECOMMENDATION:
Council approval of vacation of existing drainage and utility easement over Lot , Block 2 AUTUMN
WOODS in exchange for utility and drainage easement from property owners over existing storm severer
16
pipe.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING S ENS ED
No
Yes
BAS FOU DIJUSTIFI ATI N:
The property owners of Lot 2, Block 2 AUTUM N WOO DS Daryl and Sahvan na Caldwell have requested
that the City vacate the existing drainage easement and have agreed to execute an alternative drainage
easement close to the current easement so that the City can complete drainage work on the property
including installation of a culvert on QuilleyAvenue.
The vacation is subject to a public hearing. The C ld v ll's have already signed the new drainage
easement. The City Engineer has determined that the new easement is more appropriate for drainage
and utility purposes on the property, and thus there is no public interest in retaining the original
easement.
Attached to this document is a Resolution Approving the vacation, a copy of the easement from the
Caldwell'sto the City, as well ars a drawing showing the proposed vacated easement and the new
easement.
SUPPORTINGDOCUMENTS: MENTS: ATTACHED ❑ NONE
• Resolution Approving Vacation
* Easement
• Drawing of easement and easement to be vacated
MOTION: (Please word motion as you would like It to appear In the minutes.)
Motion to approve Resolution No. 2013-57 Vacating An Existing Drainage and Utility Easement On Lot 2,.
Block 2 AUTUMN WOODS.
BUDGET INFORMATION
FUNDING: I BUDGETED: ❑ YES
A
ACTION f TAC EN
❑ NO
APP VED AS REQUESTED o DENIED ❑ TABLED o OTHER List changes)
COMMENTS:
CITY of OTS GO
COUNTY of WRIGHT
STATE of MINNESOTA
RESOLUTION NO. 2 3-5
RESOLUTION APPROVING VACATION of A. DRAINAGE AND UTILITY
EASEMENT, CITY of OTSEGO, COUNTY OF WRIGHT- LOT 2BLOCK 21
AUTUMN WOODS
WHEREAS, the City of Otsego has received a request to vacate the above-described
drainage and utility easement from the affected property owners, Daryl and
Sahvanna. Caldwell, ; and
WH R1:AS, the Otsego City Council, on its own motion, ordered a public hearing
n the proposed vacation; and
WHERE the established drainage and utilit easement to be vacated is described
as follows:
See Exhibit A,.
WHERE, AS, the City Council has determined that vacating said described drainage
and utility easement would be in the public interest; and
WHEREAS, the City of Otsego having; considered testimony related to the
I
proposed vacation of the drainage and utility easement so described; and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 7:00 pm on the 28th day of October, 2013, at the Otsego City
Hall; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
WAS, the City Council did meet on the 28th day of October, 2013, at the
Otsego City Hall and heard all parties interested erei , and;
WHEREAS, it now appears to the Otsego City Council that said drainage and utility
easement t serves no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the drainage and utility easement located in the City of Otsego, Wright County,
Minnesota, described as follows:
See Exhibit A.
is hereby vacated.
2. The City Council hereby determines that vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby proper owners and
therefore no damages are awarded to any such propclty owners.
Motion for adoption of resolution y , seconded by
at the meeting of the Otsego City Council on the 28th day of
October, 2013.
IN FAVOR:
OPPOSE:
2
CITY of OSLO
Jessica Stockamp,1 r
Tams Lo , City Clerk
EXHIBITA
DRAINAGE AND UTILITY EASEMENT TO BE VACATED
The drainage and utility easement over under and across Lot 2, Bloch 2, as
dedicated per the recorded plat of AUTUMN WOODS, Wright County, Minnesota
described as follows:
Commencing g at the most Westerly corner of said Lot 2, thence North 67 degrees
3 minutes 19 seconds East assumed bearing along the most northerly lino of said
Lot 2 a distance of 130.00 feet; thence South 59 degrees 55 minutes 06 seconds
East a distance of 13 6.5 9 feet; thence South o 1 degrees 25 minutes 5 8 seconds
East a distance of 151.40 feet to a line parallel with and distant 10.00 feet
northerly of the most southerly line of said Lot 2; thence forth 72 degrees 21
minutes 54 seconds East parallel with said most southerly lire of Lot 2 a distance
of 52.96 feet to the point of beginning of easement to be vacated; thence North
21 degrees o 1 minutes 16 seconds West a distance of 62.22 feet; thence North o 1
degrees 25 minutes 58 seconds West a distance of 73.72 feet; thence North 72
degrees 22 minutes 13 seconds East a distance of 31.97 feet to a line parallel with
and distant 10.00 feet westerly of the easterly lire of said Lot 2; thence South 32
degrees 34 minutes 49 seconds East parallel with said easterly line of said Lot 2
distance o 13 T5 5 feet to a l i ne parallel with and distant 10. 0 0 feet northerly of the
most southerly lire of said Lot 2; thence South 72 degrees 21 minutes 54 seconds
West parallel with said most southerly lige a distance of 84,33 feet to the point of
beginning.
CI'T'Y OF oSo
COUNTY OF WRIGHT
STATE OF MINNESOTA
UTILITY AND DRAINAGE' S M NT
Daryl A. Caldwell and Sah anna f. Caldwell, husband aid wife, Owners and Grantor
herein, here convey to the City of Otsego, a Minnesota municipal corporation, Grantee,
a perpetual easement for utility and drainagQ purposes, along with a right to remove trees,
excavate and tale all actions neees aty to lay, -•e air replace and inai tain utilities and
drainage facilities over, under and across the following described real property located in
Wright County, Mhmesota;
See Exhibit A.
GRANTOR
A. CaI well
ahvanna I. Caldwell
STATE OF MINNESOTA)
)8S
COUNTY OF WRIGHT
Subscribed d and swom before me U3 1=a day of
20 1 3 Daryl A. Caldwell and Salianna I.
c
Caldwell, husband and wife, Grantor.
&ANDRA L LINDENFELSER
L"
E TI Y PMW • MINNESOTA
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mi cw�xp�r im. �, 2418
NOTARY PUBLICseeMe
DRAFTED BY:
MACARTHUR LAW OFFICE, 5 LLC
3 6 01 Thurston Avenge North
Suite 103
Anoka, IST 55303
763-231-5850
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EXHIBIT
A Permanent casement for drainage and utility purposes over under and across Lot
2, Block 2, AUTUMN M WOODS., Wright County, Minnesota, described as
otos:
Commencing at the most Westerly corner of said Lot 2, thence North 67 degrees
03 minutes 19 seconds East assumed bearing along the most northerly line of said
Lot 2 a distance of 130.00 feet; thence South 59 degrees 55 minutes 06 seconds
East a distance of 136.59 feet to the point of beginning of the casement to be
described; thence South off. degrees 25 minutes 58 seconds East a distance o
51.40 Feet to a line parallel with and distant 10.00 feet northerly of the most
southerly line of said Lot 2; thence North 72 degrees 21 minutes 5 seconds East
parallel with said most southerly line of Lot 2 a. distance of 52.96 Feet; thence
Iofti 21 degrees 01 minutes 16 seconds West a distance of 143.15 feet; thence
North 59 degrees 55 minutes 06 seconds West a distance of 3.36 feet to the point
of beginning.
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PROPOSED DRAINAGE A E AND U-nLITY EASEMENT DESCRIPTION To BE VACATED
Those drainage and utility easements over under and across Lot 2, Block 2, as dedicated per the
recorded plat of AUTUMN WOODS, Wright County, Minnesota described as follows:
Commencing at the most Westerly corner of said Let 2, thence North 67 degrees 03 minutes 19
seconds East assumed bearing along the most northerly line of said Lot 2 a distance of 130.00 feet;
thence South 59 degrees 55 minutes 06 seconds East a distance of 136.59 feet; thence South 01
degrees 25 minutes 58 seconds East a€ distance of 151.40 feet to a line parallel With and distant
10.00 feet northerly of the most southerly line of said Lot 2; thence forth 72 degrees 21 minutes54
seconds East paroill With said most southerly line of Lot 2 a distance of 52.96 feet to the point of
beginning of the easement to be vacated; thence North 21 degrees 01 minutes 16 seconds West a
distance of 62.22 feet; thence North 01 degrees 25 minutes 58 seconds West a distance of 73.72
feet; thence forth 72 degrees 22 minutes 13 seconds East a distance of 31.97 feet to a line parallel
wRh and distant 10.00 feet westerly of the easterly lire of said Lot ; thence South 32 degrees 34
minutes 49 seconds East a parallel with said easterly line of said Lot 2 a distance of 137.55 feet to
a line parallel With and distant 10.00 feet northerly of the most southerly line of sold Lot 2; thence
South 72 degrees 21 minutes 54 seconds West parallel with said most southerly line a distance of
84.33 feet to the point of beginning.
Area of proposed Easement Vacation = 8,497 sq. ft. or 0,20 ocre
Seale
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I hereby certify that this survey, pian or report was prepared by meDrainage & Utility SHEET
or ander my direct supervision and that I arra a dulyProfessionalHaonkans
Easement Vocation Exhibit
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Ucensed and urve v underPe laws of the State of KlInnesota. for
Ander on Lot 2, Block 2, of
01/21/1.3 CMI Engl'nears and I-cmd Surveyors AUTUMN WOODS �
� . hrist pher an, sol Trr-nta, Aafe-. ,krcU, 3�r
Charles r a t
{ cense No. 18420 Dake 763-427-5860 fA-763-427-8520 WE O1 21 13 FU 43. OT 01--2012 St.1EETS
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Easement Exhibit
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Lot 2
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Existing Storm
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Proposed Droinage &
Utility Easement
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PROPOSED DRAINAGE AND UTIUT' EASEMENT DESCRIFFION
A permanent easement for drainage and utllit r purposes over under and across Lot 2, Bloch
, AUTUMN WOODS, Wright County, Minnesota, described as follo.ws:
Commencing at the most Westerly corner of said Lot 2, thence North 67 degrees 03 minutes
19 seconds East assumed bearing along the most northerly lire of said Lot 2 a distance of
1,30.00 feet; thence South 59 degrees 55 minutes 06 seconds East a distance of 136.59 feet
to the point of beginning of the easement to b described; thence South 1 degrees 25 00
minutes seconds East a distance of 151.40 feet t a line parallel wit and distant 10
.
feet northerly of the most southerly lire of said Lot ; thence North 72 degrees 21 minutes
54 seconds East parallel with said most southerly lire of Lot 2 a distance of 52.96 feet;
thence North 21 degrees 01 minutes 16 seconds Fest a distance of 143.1 feet; thence north
9 degrees 55 minutes 06 seconds West a distance of 3,36 feet to the point of beginning. �
Area of Proposed Easement = 41001 sq. ft, or 0.09 acres Scole
= 8o°
1 hereby certify thot this survey, plan or report was prepared by me - Drainage & Utility SHEET
or under rnyr direct supervision and that I on! a duly ProfessionalHakansonlEasement Exhibit 1 1
Uc sed and ur a 00-1/13 under a lags of the tote of Minnesota. for
Anderson Lot , Block , °
CMI £ng'neers vi%d Land Suryey6ra ALJTUMN WOODS
$4i �F�.sta:e,:,c�a, iFrfiSCta �3 f]CE W. f12-
HE7
Charles R. Christopherson, MN cense o. 18420 Dote 783-427-5860 FAY7ss-427--052 DATEj Q