HomeMy WebLinkAbout10. Partial Easement Vacation - 14350 Cameo Avenue x ' t
r P.O. BOX 510
\�i�� � 2875-145TH ST. W.
OcQ�Ou�� ROSEMOUNT. MINNESOTA 55Q68
�G '�� 612-423-4471
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TO: MAYOR NAPPER, CITY COUNCIL, & CITY ADMINISTRATOR
FROM: MICHAEL WOZNIAR, AICP, CITY PLANNER
DATE: JUNE l, 1990
SUBJ: JtTNE 5, 1990 REGULAR MEETING REVIEWS
10. PUBLIC HEARING - PARTIAL EASEMENT VACATION - 14350 CAMEO
AVENIIE
Staff Recommendation: Approve Partial Vacation of Sanitary Sewer
Easement effecting 14350 Cameo Avenue as authorized in -the attached
Resolution.
The City has recieved a petition from Scott and Karen Rynerson of
14350 Cameo Avenue to vacate a portion of a sanitary sewer easement
which effects their property. Attached with this review are the
following materials:
1. Plat Map of School Addition Subdivision;
2 . Detail site drawing indicating location of sanitary sewer
line;
3. Copy of Easement Deed for Sanitary Sewer easement.
4. Resolution authorizing Partial Easement Vacation.
This request to vacate' a portion of the sanitary sewer easement
effecting 14350 Cameo Avenue was initiated by a former owner of the
property Mr. Raymond Mardell. While selling the property to the
Rynerson's, Mr. Mardell, was required by his Title Company, Dakota
Abstract to place $500. 00 in an escrow account until concerns
regarding the sewer easement could be resolved. The sanitary sewer
easement as written (see Easement Deed) effects Lot 5, in the
8ehool Addition. The legal description in the Easement deed
identi�ies the location of the actual sewer line but does not
specify a width of easement. Dakota Abstract has interpreted that
the easement applies to all of Lot 5, and is concerned that the
easement could allow the City to cause damage to the Rynerson's
home if it is necessary to service the sanitary sewer line.
The Rynerson's property is legally described as follows: The south
10 feet of Lot 5 and all of Lot 6 and the north 8 feet of Lot 7.
The detailed sketch attached with this review indicates that the
actual sewer line is situated approximately 5 feet north of the
Rynerson's north lot line on the abutting property, 14340 Cameo
Avenue, which is owned by Dan and Lisa Ryan.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
- RESOLUTION 1990-
A RESOLUTION CAUSING PARTIAL VACATION OF AN EASEMENT
TO CONSTRUCT, MAINTAIN AND OPERATE A SANITARY SEWER AND APPURTENANCES
WHEREAS, the City Council did receive a petition to vacate a
portion of the drainage easement described as follows:
Lot five (5) , School Addition to the Village of
Rosemount, Minnesota, according to the plat thereof
now on file and of record in the office of the
Register of Deeds in and for said County and State,
said sanitary sewer to be laid at a depth of
approximately ten (10) feet below ground level, with
its center line being described as follows:
Beginning at a point on the West line of said Lot
Five (5) , which point is fifteen (15} feet North of
the Southwest corner thereof, thence Easterly on a
line parallel to and fifteen ( 15) feet North of the
South Line of said Lot Five (5) a distance of one
hundred fifty seven and three/tenths (157 .3) feet
more or less to a point on the East line of said Lot
Five (5) which is fifteen (15) North of the
Southeast corner thereof; Dakota County, Minnesota.
WHEREAS, a public hearing was scheduled according to law and held
on the fifth day of ,7une, 1990 to consider the vacation of the
south ten ( 10) feet of said easement; and
WHEREAS, it was determined that the partial easement vacation
will not adversely affect public health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby vacates that portion of said easement, described
as follows :
The south ten feet of Lot 5, School Addition; Dakota
County, Minnesota.
SE IT FURTHER RESOLVED, that the City Clerk shall prepare a
notice of completion of the proceedings which shall contain the
- name of the City, identification of the vacation and a statement
of the time of completion thereof, and shall present the same to
the County Auditor and then file a copy with the Register of
Deeds .
1
ADOPTED this 5th day of June, 1990 .
vernon J. Napper, Mayor
ATTEST:
Susan M. Johnson, City Clerk
Motion by: Seconded by:
Voted in favor• �
Voted against•
2
City Engineer Rich Hefti, has reviewed this matter and determined
that the City does not require easement on the Rynerson's Property.
To allow the former owner, Mr Mardell's escrowed funds to be
released and to avoid any problems in future sale of the property
the best solution is� for the City to vacate the easement effecting
the Rynerson's property.
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EASEMF,NT D�D
THZS INDENTURE� l�de this Ztday of � G 19��S between
in yan anc� t.;ar�e L'.. Ityan, his v ife,
$oee A• H an a widow au:i �w•.v uivaarri na d•J. Hyan end Iiaverly lvi. Ftyan, his
wife,
of the County of Dnlcota and Sbats of Idinnesota , part�B
,�
of the first �rt, and THE VILLAGE OF ROSEMOUNT� MINNESOTA, a corporation under
the laws of the State of Minnasota� �rty of the second �rt,
WITNESSETH, that the said partfseof the first �rt, for and in consideration
of the sum of RUree snd no/1Ci0tLa- -
Dollars, to the� in hand paid by the said �rty of the second �rt, the
receipt whereof is hereby acknowledged, and the ftirther considezetion of the
perfozmance of the covenants and agreements by the party of the second part as
hereinafter aet out and expressed, do_ hereby Grant, Remise and 'Relinquish
unto the party of the aecond part, its succesaors and assigns, the Right,Privilege
and Easement to construct,maintain and operate a sanitary sewer and appurtenances
thereto, over and thraugh the following described landsi situated in the County
of Dakota and State of Minnesota, to wit: I+ot fira (5)� £;chool Addition to
tl» Yillugb uY Iipae:�c.unt� nJiruieaot:�� (sCI:UTi�fYlg to tbe pla6 Lhsrnof no+v
�n t'ils an3 ot r�cotd itt tl.a ofCin3 ot t1,3 R��iatar ut P,aeSr lu uu3 [ar
a.id Couc�ty :.nd Strats� �wi� eesnitaxy d�ar to bo L.id nt a dopth of apF�-
roxL�.�t�ly ten (1S,)) tea� belew groun3 1�v�1, H11;h i6a oaciter line D�ic�
dasorib�i ae P011o:+ra: Bag1�r►ir►g at a point un the Waot 11ue oP 8,:13 Lot
i��.va (5), :aLiali point ie fiPt�an (15} teat NurLL uf :t:n Gc^ath•�eet aorn3r
6aaraoff� ttiaaoe �aetarly oa x line prsrs11e1 to �s:ni f'ii'taan (15j Peat �orth
. � OP ClsH� SOI1Wl I�SA6 GI .6$1C� L�Ot Y�VO �J� ��'�����'���������'�'�'���'r�'�1�1�'ILO�����7� � � . � . .
e dist+sriwe of on�a t�uridreci iifty eevan and threeJte�it2,s (15'l.3) f'eot ��ore
ox• leaa to a point on the �at 11ne oP aaid t,ot fiv� (5) �rhiah Se fir.'t�an
(15) t�prth of the 3outh�st oort�dr theraof. :
TO HAVE AND TO HOLD �Zi� same, unto the said party of the second �rt, its
successors and assigns� so long as said sanitary aewer and appurtenances thereto
shall be msintained, together with the right of ingress to and egress from said
premises, for the purpose of constructing, inspecting, repairing, maintaining and
rePlac3ng the property of the �g rty of the second Fart located thereon, or the
removal thereof, in whole or in �,rt, at the will of the said party of the second
�rt, its successors and assigns, it being the intantion of the Farties hereto
that said �rt� of the first �xi rt°Te ` hereby g�nting the uses herein specified
theiaselves
without divesting �e�� of the right to usa and enjoy said above
described premises, subject only to the right of the �rty of the second �rt to
use the same for tha ourrqaes herein expres_ad.
As a flirther considerntion for this easement� the �rty of the second g�rt
agrees that it will �a.y to the �rt i�s o£ the first Fart any dam3ges which may
arisa �o growing crops, lawns, treas, shrubbery, fences or buildings from the
COTI9tT`UCt�Oi)� maintar�snca� oporation or ramoval of said sanitary s�war and
appurtenances therato, said damages, if not mutua,lly agreed upon, to ba ascertained
and 8etenni.ned by threa disinterested persons, on� of �rhom sha11 be appointed by
the �xi rt� of the first Fart, one by the Farty of the aecond �nrt, and the
third to be salactad by the two appointed as aforesaid, and the written award of
such threa persons shall be final� conclusive and binding upon the �rtias hereto.
IN TESTIhY�NY WHEREOF, the said �arties have hereunto set their hands and saals
the day and ya3r first above written.
IN PRESENCE OFs THE VILI�0.GE OF AjJ6E2�UNT, MINtJE30TA
n �—'�� �.:.''�
�-c-��,,.-r.,..r%/.�. :•, L.//G'�l�..�.-s: .1�.
� ' y..�..J S�e`' E.d. McDonald-Mayor :
SEAL Eu J. Duf lerk �,
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STATE OF MINNESOTA ���
ss X 5���� ���
COUNTY OF DAKOTk �
On this �th day of July ,lq� be£ore me, a notary public within
and for said County� peraonally appeared E. J. McDonald and Atgene J. Duff, to
me personally known, who� being by me duly sworn did say that they are respectively
the t�yor and the Clerk of the Village of Rosemount� Minnesota; that the seal
affixed to tha foregoing instnunent is the corpoz�te seal of the Yillage of Resa-
mount, Minnesota; and that the instntment rxis executed in behalf of the Village
of Rosemount, Minnasota by authority of its Village Council; and said E.J.McDonald
and EttKene J.Duff acknowledged said instrument to be the frea act and deed of the
Village of Rosemount, Minnesota.
lc�� �• 7Y'�1"�-�
STAT� OF MINNESOTA EDWARD B.McMENOMY
Noiary PuDlic, Dakota County,Minn.
39 My Commiuion Expires Dec.iJ,1959.
GOUN1'Y OF DAKOTA
On this .. th day of � 195xsbefore me, a notary public
within and for sa d County, onally pp�zred Roee A. &yan� a single perao� and
John B, xyan and Hargie M. Ry r�; h1a W Se; Donald J. Byan and Baverly M. Ryan,
hia wife
to me known to be tha person,e •described in, and who executad the foregoing
instrumant, and acknor,ledgad that �ha� exacuted the same as �,heir free
act and daed.
_ �' / ���
HAROLD LE VANDER
� � � lUtMary Public,.Dakota County, Mtnn. � � . . .
My Commisaion Expires RAay 18,1959.