HomeMy WebLinkAboutCC Report - Auto Owners Vacation Notice 07052016 (2) THE CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 7/05/2016
CONSENT
ITEM#: 4
AGENDA ITEM: Auto-Owners Easement Vacation
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Auto-Owners recorded a Permanent Water Main Easement on December 23,2015 as requested by the
City on PID#3302921430014. After this was recorded,the City moved the location of the water mains
and hydrants, and a new Permanent Water Main Easement was recorded on this same property to
accommodate this move on April 19,2016. Auto Owners is requesting the original easement be vacated.
ISSUE BEFORE COUNCIL:
The Council should decide if the originally recorded easement should be vacated.
PROPOSAL DETAILS/ANALYSIS:
The only amendment to the originally recorded Permanent Water Main Easement is the location/legal
description of the location of the easement. All other terms and conditions remain.
A public hearing was held on June 13,2016 considering this easement vacation request.No one was at
the public hearing to speak and the only inquiry received from the public was from Machine Shed;no
concern was expressed after explanation of the application. The Planning Commission is recommending
that the Council approve the easement vacation request.
FISCAL IMPACT:
There is no fiscal impact as a new Permanent Water Main Easement exists to accommodate the new
locations of the water mains and fire hydrants.
OPTIONS:
The Council may approve or deny the request to vacate the originally recorded Permanent Water Main
Easement.
RECOMMENDATION:
Staff respectfully requests, as part of tonight's consent agenda, Council approve the request to vacate the
Permanent Water Main Easement as outlined in 1238129 Permanent Water Main Easement Agreement,
Exhibit B-2, dated September 29, 2015 and recorded December 23, 2015. If removed from the Consent
Agenda,the recommended action can be completed through the following motion:
City Council Meeting 71512016 Consent Agenda Item#
"Move to approve the request of Auto-Owners to vacate the easement recorded for PID#
3302921430014, as outlined in Exhibit B-211238129 Water Main Easement, as recorded by
Washington County on December 23,2015."
ATTACHMENTS:
1. Letter of Easement Vacation Request from Auto-Owners showing originally recorded
easement documents as well as revised recorded easement documents.
2. Resolution No. 2016-58 Vacating a Water Main Easement Over a Portion of Lot 1 Block
1 of Eagle Point Business Park 81h Addition.
3. Planning Commission Meeting Minutes from discussion on Auto Owners Easement
Vacation.
2
AUTO-OWNERS INSURANCE COMPANY
Q
AUTO-OWNERS LIFE INSURANCE COMPANY E
.Owners Insurance
HOME-OWNERS INSURANCE COMPANY
OWNERS INSURANCE COMPANY Life Home Car Business
PROPERTY-OWNERS INSURANCE COMPANY
SOUTHERN-OWNERS INSURANCE COMPANY
BOX 30660,LANSING,MICHIGAN 48909-8160 517-323-1200
FAX 517-323-8796
WWW.AUTO-OWNERS.COM
May 27, 2016
The City of Lake Elmo
Attn: Planning Commission
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: EASEMENT VACATION: A request by the City of Lake Elmo to vacate watermain easement
on property located at 8574 Eagle Point Circle N, City of Lake Elmo, Washington Count, MN, PID
#33.029.21.43.0014
Members of the Planning Commission,
As owner of the property impacted by the referenced watermain easement, Auto-Owners Life
Insurance Company fully supports vacating said easement, which is recorded document number
1238129 with the Office of the Registrar of Titles, Washington County, Minnesota. This document
is enclosed for reference, as well as a diagram showing its location.
This easement to be vacated has already been replaced with a new watermain easement, which
is recorded document number 1239943 with the Office of the Registrar of Titles, Washington
County, Minnesota. The new easement was created to cooperate with the City's request to
relocate a fire hydrant. The replacement easement and a diagram depicting it's location are also
enclosed.
We appreciate your support in having the original watermain easement vacated from the Auto-
Owners property.
Sincerely,
ov-
J. Daniel Keefe
Director, Real Estate Development & Acquisition
— Serving Our Policyholders and Agents Since 19I6
Receipt:#310086
Attested Copy 1238129
EAS $46.00 111111111111111111111111111111111111111111
AT $2.00CRV Not RequiredNo Tax Due 17,
`a r "'i Certified Filed and/or recorded on:
Return to: 12/23/20151:41 PM
SUNDE LAND SURVEYING
LLC 1238129
Easement To Be Vacated 9001 E BLOOMINGTON
FRWY#118 Certificate#: 73220
BLOOMINGTON MN 55420
Office of the Registrar of Titles
Washington County,Minnesota
Jennifer Wagenius,Registrar of Titles
Kevin Corbid,Auditor Treasurer
PERMANENT WATER MAIN EASEMENT AGREEMENT
THIS PERMANENT WATER MAIN EASEMENT AGREEMENT shall be effective as of
the date that the last party executes this Agreement, is made by and between Auto-Owners Life
Insurance Company,a Michigan Corporation,hereinafter referred to as the"Owner,"and the City of
Lake Elmo, a Minnesota Municipal Corporation,hereinafter referred to as the"City."
The Owner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A(hereinafter"Owner's Property").
The Owner in consideration of one dollar($1.00) and other good and valuable consideration
does hereby grant and convey to the City,its successors and assigns,the following:
1. A permanent easement for water main and, all such purposes
ancillary, incident or related thereto (hereinafter "Permanent
Easement") under, over, across, through and upon that real property
identified and legally described on Exhibit B, (hereinafter the
"Permanent Easement Area")attached hereto and incorporated herein
by reference.
The Permanent Easement rights granted herein are forever and shall include,but not be limited
to, the construction, maintenance, inspection, repair and replacement of water mains, pipes,
hydrants,and all facilities and improvements ancillary,incident or related thereto,under,over,
across,through and upon the Permanent Easement Area.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City,its contractors, agents and servants:
a.) to enter upon the Permanent Easement Area at all reasonable times for the
purposes of construction, reconstruction, inspection, repair, replacement, grading,
sloping, and restoration relating to the purposes of this Permanent Easement; and
b.) to maintain the Permanent Easement Area, any City improvements and any
underground pipes or mains, together with the right to excavate and refill ditches or
trenches for the location of such mains; and
c.) to remove from the Permanent Easement Area, trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location,
construction and maintenance of the pipes or mains; and
d.) to remove or otherwise dispose of and replace as necessary all earth or other
material excavated from the Permanent Easement Area as the City may deem
appropriate.
e.) to prohibit obstructions or interference with its use of the Easement Area.
The City shall not be responsible for any costs, expenses, damages, demands, obligations,
penalties,attorneys' fees and losses resulting from any claims, actions, suits,or proceedings based
upon a release or threat of release of any hazardous substances, petroleum, pollutants, and
contaminants which may have existed on, or which relate to the Permanent Easement Area or the
Owner's Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by the Owner,its successors or
assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statute, Chapter 466.
The Owner,for itself and its successors and assigns,does hereby warrant to and covenant with
the City, its successors and assigns,that it is well seized in fee of the Owner's Property described on
Exhibit A,and the Permanent Easement Area described on Exhibit B,and has good right to grant and
convey the Permanent Easement herein to the City. In addition, the Owner, for itself and its
successors and assigns,does hereby warrant to and covenant with the City,its successors and assigns,
the right of after acquired title to the Permanent Easement granted and conveyed in this Agreement
provided that the Owner receives title to all or part of the Permanent Easement Area after the recording
of this Agreement.
This Permanent Easement Agreement may be simultaneously executed in several
counterparts,each of which shall be an original and all of which shall constitute but one and the same
instrument.
2
IN TESTIMONY WHEREOF,the Owner and the City have caused this Permanent
Easement Agreement to be executed as follows:
Owner:
AUTO-OWNERS LIFE INSURANCE COMPANY,
a Michigan Corporation
Signature: By
Print Name: Ian R. Ward
Its: Senior Vice President
Signature: By
Print Name: Eileen K. Fhaner
Its: Senior Vice President,Treasurer&CFO
STATE OF MICHIGAN )
) SS
COUNTY OF EATON )
The foregoing instrument was acknowledged before me this V day of November, 2015, by
r mt and «` � ui r the
��. � �
and Ci � , respectively of Auto-Owners Life Insurance Company, a Michigan
corporation, on behalf of said corporation.
LORI A.MILLER ° f
NOTARY PUBLIC•STATE OF MICHIGAN Notary Public
COUNTY OF CLINTON '
My Commission Expires November 10,2020 - County,Michigan
Acting in "€ . 'rs J County, Michigan
My Commission Expires: j t j- Cr, ie {
�A
i
CITY OF LAKE ELMO
y,
Mike Pearson,Mayor
ATTEST: P
Jule ohnson, Clerk c t,
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
On this )4�0_ day of , 2015, before me a Notary Public within
and for said County,personally appeared Mike Pearson and Adam Bell,to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Lake Elmo, a Minnesota municipal corporation,the municipality named in the
foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf
of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said municipality.
Notary Pub Vc
0
This instrument was drafted by:
JdAN MARIE ZIERTIUTAN
David K. Snyder,Esq.
=:r Notary Public-Minnesota
Johnson&Turner,P.A. M v
Commission Expires Jan 31,2016
56 East Broadway Avenue, Suite 206
Forest Lake,MN 55025
651-464-7292
4
EXHIBIT A
LEGAL DESCRIPTION OF OWNER'S PROPERTY
Lot 1,Block 1,HOA 3rd ADDITION, according to the recorded plat thereof, Washington
County,Minnesota.
5
EXHWIT B
LEGAL DESCRIPTION OF
THE PERMANENT WATER MAIN EASEMENT AREA
An easement over,under and across that part of Lot 1,Block 1, HOA 3rd ADDITION, according
to the recorded plat thereof, Washington County, Minnesota, described as commencing at the
southwest corner of said Lot 1;thence on an assumed bearing of North, along the westerly line of
said Lot 1, a distance of 219.13 feet; thence on a bearing of East 9.50 feet to the point of
beginning of the easement to be described;thence on a bearing of North 43.50 feet;thence on a
bearing of East 177.06 feet;thence on a bearing of North 25.50 feet;thence on a bearing of East
23.80 feet;thence North 45 degrees 00 minutes 00 seconds East 60.10 feet;thence North 22
degrees 30 minutes 00 seconds East 43.50 feet;thence on a bearing of North 142.26 feet;thence
on a bearing of East 30.00 feet;thence on a bearing of South 89.44 feet;thence South 72 degrees
18 minutes 14 seconds East 20.02 feet to the easterly line of said Lot 1; thence southwesterly
70.48 feet, along said easterly line of Lot 1, along a curve concave to the southeast not tangential
with the last described line,to a point of tangency; thence South 16 degrees 02 minutes 57
seconds West,tangent to said curve, along said easterly line of Lot 1, a distance of 27.53 feet to a
point of curvature; thence southwesterly 25.37 feet along said easterly line of Lot 1, along a
tangential curve concave to the northwest to a point of reverse curvature;thence southwesterly
58.80 feet, along said easterly line of Lot 1, along a reverse curve;thence South 45 degrees 00
minutes 00 seconds West 57.49 feet;thence on a bearing of South 41.77 feet;thence on a bearing
of East 48.00 feet;thence North 65 degrees 00 minutes 00 seconds East 17.31 feet to said
easterly line of Lot 1;thence southeasterly 39.00 feet, along said easterly line of Lot 1, along a
curve concave to the northeast not tangential with the last described line,to an easterly corner of
said Lot 1;thence South 1 degree 23 minutes 22 seconds East, along said easterly line of Lot 1, a
distance of 3.93; thence South 65 degrees 00 minutes 00 seconds West 50.04 feet; thence on a
bearing of West 84.66 feet; thence on a bearing of North 78.06 feet; thence on a bearing of West
121.49 feet; thence on a bearing of South 13.50 feet;thence on a bearing of West 30.00 feet to
the point of beginning.
12960:00151:2414228-2
6
0 60 120 EXHIBIT B - 2
Easement To Be Vacated E T
'� .
SCALE IN FEET , . ��,,
�
I.........I0 o �i
ory, V
N
Io %so
—I.........I �O
°
< DRAINAGE AND O O >
C \\ UTILITY EASEMENT
J PER HOA 3RD ADD. z
PROPOSED WATER
> MAIN EASEMENT Co
C 20,700 sq. ft.
\ �_ 0.475 acres
J_ W'LY LINE 000 ........ `V J
OF LOT I
N /.......,.. POINT OF I
z� /............ \
r
TANGENCY
O ` EAST O .. -----5�`----- --- 516002'57"W
23.80` 6p•/........ .
/......... o' ;
\ NORTH POINT OF R=26.00
u
25.50 r. i� CURVATURE A o i 55 54 50
I...............
-- ____EAST_ 177.06 - , - POINT OF
— REVERSE CURVATURE J
o= >
Z I� ................................................... a� �1/ O o� <
9 9ST I: o WEST 121.49 �' / O p Q
— ! ,
�WESTJ.-o - ------- —�.:1,
30.00-' LO D
......
00
o 100.. : —EAST—
z I...::::::..,_
. ............. ....i, AN Ely..............
I WEST......... CORNER C
OF LOT I
84.66 -'S6�o 00.00 N Ir\
DRAINAGE AND
N UTILITY EASEMENT (j
PER HOA 3RD ADD. 5 E'LY LINE
�J
PROPOSED BUILDING I OF LOT I
rY,
_V
I hereby certify that this sketch, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
—SW Dated this 29th day of September, 2015
\ CORNER
OF LOT I C SUND-FILAND SURVEYING,
By - -- --------
Mark S. Hanson, P.L.S. Minn. Lic. No. 15480
j r
l \ Q�ps . �/ ��
_ JISUNDE
2005098E sm s dwg 0 D F29, R.21, 5.33 \\ r A ND SUR*1 YJ2VG
Receipt:#320320 1239943
EAS S46 00
CRV Not Required 1111111111111111111111111111111111111111111
Re �
turn to
�V 1' CITY OF LAKE ELMO Certified Filed and/or recorded on:
3800 LAVERNE AVE NORTH
LAKE ELMO MN 55042 4/19/2016 2:42 PM
1239943
Certificate#: 73220
Revised Easement Office of the Registrar of Titles
Washington County,Minnesota
Jennifer Wagenius,Registrar of Titles
Kevin Corbid,Auditor Treasurer
PERMANENT WATER MAIN EASEMENT AGREEMENT
THIS PERMANENT WATER MAIN EASEMENT AGREEMENT shall be effective as of
the date that the last parry executes this Agreement, is made by and between Auto-Owners Life
Insurance Company, a Michigan Corporation,hereinafter referred to as the"Owner," and the City of
Lake Elmo, a Minnesota Municipal Corporation,hereinafter referred to as the"City."
The Owner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A (hereinafter"Owner's Property").
The Owner in consideration of one dollar($1.00) and other good and valuable consideration
does hereby grant and convey to the City, its successors and assigns,the following:
1. A permanent easement for water main and, all such purposes
ancillary, incident or related thereto (hereinafter "Permanent
Easement") under, over, across, through and upon that real property
identified and legally described on Exhibit B, (hereinafter the
"Permanent Easement Area")attached hereto and incorporated herein
by reference.
The Permanent Easement rights granted herein are forever and shall include,but not be limited
to, the construction, maintenance, inspection, repair and replacement of water mains, pipes,
hydrants,and all facilities and improvements ancillary,incident or related thereto,under,over,
across,through and upon the Permanent Easement Area.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City, its contractors,agents and servants:
a.) to enter upon the Permanent Easement Area at all reasonable times for the
purposes of construction, reconstruction, inspection, repair, replacement, grading,
sloping, and restoration relating to the purposes of this Permanent Easement; and
b.) to maintain the Permanent Easement Area, any City improvements and any
underground pipes or mains, together with the right to excavate and refill ditches or
trenches for the location of such mains; and
c.) to remove from the Permanent Easement Area, trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location,
construction and maintenance of the pipes or mains; and
d.) to remove or otherwise dispose of and replace as necessary all earth or other
material excavated from the Permanent Easement Area as the City may deem
appropriate.
e.) to prohibit obstructions or interference with its use of the Easement Area.
The City shall not be responsible for any costs, expenses, damages, demands, obligations,
penalties, attorneys' fees and losses resulting from any claims,actions, suits, or proceedings based
upon a release or threat of release of any hazardous substances, petroleum, pollutants, and
contaminants which may have existed on, or which relate to the Permanent Easement Area or the
Owner's Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by the Owner, its successors or
assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statute, Chapter 466.
The Owner,for itself and its successors and assigns,does hereby warrant to and covenant with
the City, its successors and assigns,that it is well seized in fee of the Owner's Property described on
Exhibit A,and the Permanent Easement Area described on Exhibit B,and has good right to grant and
convey the Permanent Easement herein to the City. In addition, the Owner, for itself and its
successors and assigns,does hereby warrant to and covenant with the City,its successors and assigns,
the right of after acquired title to the Permanent Easement granted and conveyed in this Agreement
provided that the Owner receives title to all or part of the Permanent Easement Area after the recording
of this Agreement.
This Permanent Easement Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
2
IN TESTIMONY WHEREOF,the Owner and the City have caused this Permanent
Easement Agreement to be executed as follows:
Owner:
AUTO-OWNERS LIFE INSURANCE COMPANY,
a Michigan Corporation
Signature: By L-
Print Name: Ian R. Ward
Its: Senior Vice President
Signature: By e t" Z/66-vLt�,,
Print Name: Eileen K. Fhaner
Its: Senior Vice President, Treasurer& CFO
STATE OF MICHIGAN )
) SS
COUNTY OF EATON )
The foregoing instrument was acknowledged before me this 31 day of M c--fc h ,2016,
by j�..k n lLarA. and �. I.Ee v, ►L- Er 1,e ne..r
the ,��y;u YS�?st.�X and S,,.,,Y Y�,, (?�es,d ,,t, T,<'.,,,,,.,respectively of Auto-Owners Life
41`6'
Insurance Company, a Michigan corporation, on behalf of said corporation.
Ew L,
LORI A.MILLER nn Notary Public
NOTARY PUBLIC-STATE OF MICHIGAN County, Michigan
COUNTY OF CLINTON Actin in County, Michigan
My Commission Expires November 10,2020 g = Y� ty,
My Commission Expires: kmilk17 ,p
..... .... .
3
CITY OF LAKE ELMO
By:
M' e earson, ayor
ATTEST:
Juli ohnson,-Qj Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
On this bIl' day of Nri.. I , 2016, before me a Notary Public within
and for said County, personally appeared Mike Pearson and Jui,c .ronlls`to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Lake Elmo, a Minnesota municipal corporation,the municipality named in the
foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf
of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said municipality.
JOAN MARIE ZIERTMAN
Notary Public-Minnesota
My Commkelon EVkes JW 31,2M1 Notary bhc
This instrument was drafted by:
David K. Snyder, Esq.
Johnson&Turner,P.A.
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
651-464-7292
4
EXHIBIT A
LEGAL DESCRIPTION OF OWNER'S PROPERTY
Lot 1, Block 1, HOA Yd ADDITION, according to the recorded plat thereof, Washington
County, Minnesota.
5
EXHIBIT B
LEGAL DESCRIPTION OF
THE PERMANENT WATER MAIN EASEMENT AREA
An easement over,under and across that part of Lot 1, Block 1, HOA 3rd ADDITION, according
to the recorded plat thereof, Washington County, Minnesota, described as commencing at the
southwest corner of said Lot 1; thence on an assumed bearing of North, along the westerly line of
said Lot 1, a distance of 219.13 feet;thence on a bearing of East 9.50 feet to the point of
beginning of the easement to be described; thence on a bearing of North 43.50 feet; thence on a
bearing of East 177.06 feet; thence on a bearing of North 25.50 feet; thence on a bearing of East
23.80 feet; thence North 45 degrees 00 minutes 00 seconds East 60.10 feet; thence North 22
degrees 30 minutes 00 seconds East 43.50 feet; thence on a bearing of North 24.57 feet; thence
on a bearing of West 42.03 feet; thence North 45 degrees 00 minutes 00 seconds West 130.37
feet; thence North 45 degrees 00 minutes 00 seconds East 30.00 feet; thence South 45 degrees 00
minutes 00 seconds East 117.94 feet; thence on a bearing of East 54.10 feet; thence South 72
degrees 18 minutes 14 seconds East 25.80 feet to the easterly line of said Lot 1; thence
southwesterly 70.48 feet, along said easterly line of Lot 1, along a curve concave to the southeast
not tangential with the last described line,to a point of tangency; thence South 16 degrees 02
minutes 57 seconds West, tangent to said curve, along said easterly line of Lot 1, a distance of
27.53 feet to a point of curvature; thence southwesterly 25.37 feet along said easterly line of Lot
1, along a tangential curve concave to the northwest to a point of reverse curvature; thence
southwesterly 58.80 feet, along said easterly line of Lot 1, along a reverse curve; thence South 45
degrees 00 minutes 00 seconds West 57.49 feet; thence on a bearing of South 41.77 feet; thence
on a bearing of East 48.00 feet; thence North 65 degrees 00 minutes 00 seconds East 17.31 feet
to said easterly line of Lot 1; thence southeasterly 39.00 feet, along said easterly line of Lot 1,
along a curve concave to the northeast not tangential with the last described line, to an easterly
corner of said Lot 1; thence South 1 degree 23 minutes 22 seconds East, along said easterly line
of Lot 1, a distance of 3.93; thence South 65 degrees 00 minutes 00 seconds West 50.04 feet;
thence on a bearing of West 84.66 feet; thence on a bearing of North 78.06 feet; thence on a
bearing of West 121.49 feet; thence on a bearing of South 13.50 feet; thence on a bearing of
West 30.00 feet to the point of beginning.
6
0 60 120 EXHIBIT B - 2
Revised Easement
SCALE IN FEET - '"-- /
� __ / V
.......... goo \
tiR� ••.•••• �F S�
o°off .... .. �� 26�80�, / so
< \ ' ly��.::::::::::: EAST O >
DRAINAGE AND
\\ UTILITY EASEMENT �U0 N 54_I0 _ �c O
C J PER HOA 3RD ADD. ....:.:...............:.:.:......................
a: //.... WEST....•.•..�� . .�.•:
�P�� ...NZ..... CO
-42.03
C �
c a �� �� o
W'LY LINE
OF LOT I �t o �........... ;
O N �.......... POINT OF I
�� =cV . ............. TANGENCY \
So,----- --- 5/6002'57"W
EAST oo°\o/ ........�..: _ '27.53
23.80` �g 6p/........ .
/..........: ---- -------- L=25.37
\ NORTH POINT OF R=26.00
ii
25.50 r. i� CURVATURE A-55 o i 54 50
,- EAST I77.06 - _ - POINT OF r \
O ----------- ----=}.....0° (�Q REVERSE C
O
o= CURVATURE >
Z �� ................................... ...............
99ST �. o...... :.....WEST I21.49 ... .;_. .........� / 00
z f=-— !
/ "E
o
lb
30.00-' Ln
p0
rip
o 00 ::::::.
AST—� .3 ----"',
z�... .,
48.00
............................ ....i, AN E'LY
l ,.........WEST..............�.0�� CORNER F-
OF LOT I
84.66 --"56�oOp,OO � N �Ir\
DRAINAGE AND
N UTILITY EASEMENT (j
PROPOSED
PER HOA 3RD ADD. 5 E'LY LINE
J i OF LOT I
rY,
_V
I hereby certify that this sketch, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
—SW Dated this 29th day of September, 2015
\ CORNER
OF LOT I C SUND-FILAND SURVEYING,
Mark S. Hanson, P.L.S. Minn. Lic. No. 15480
l ���j/�� �` REVISED: 3/22/2016
� �1S OS
_ JISUNDE
2005098E sm sORI dwg T29,DFR.21, 5.33 \\ LAND SUR*1Ei7f G
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2016-58
A RESOLUTION VACATING A WATER MAIN EASEMENT OVER A PORTION OF LOT I
BLOCK] OF EAGLE POINT B USINESS PARK 8TH ADDITION
WHEREAS,the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved the Preliminary and Final PUD Plans for the
Auto Owners Insurance Building located in Eagle Point Business Park as Lot 1, Block I HOA
3rd Addition(Lot) on August 18, 2015; and
WHEREAS, the Lot is owned by Auto Owners Insurance Company, 6101 Anacapri
Boulevard, Lansing, MI 48917 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Water Main Easement over a portion
of the Lot, and this easement was recorded by the Office of the Registrar of Titles of Washington
County on December 23, 2015; and
WHEREAS, the City requested an amendment to the originally proposed locations of
fire hydrants on the Lot; and
WHEREAS, consequentially an amendment to the originally proposed location of the
Water Main Easement was required and was recorded by the Office of the Registrar of Titles of
Washington County on April 19, 2016; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Water Main Easement recorded on December 23, 2015 over a portion of
Lot 1 Block 1 of Eagle Point Business Park 81h Addition legally described as follows:
An easement over, under and across that part of Lot 1, Block 1, HOA 3rd ADDITION,
according to the recorded plat thereof, Washington County, Minnesota, described as
commencing at the southwest corner of said Lot 1; thence on an assumed bearing of
North, along the westerly line of said Lot 1, a distance of 219.13 feet; thence on a bearing
of East 9.50 feet to the point of beginning of the easement to be described; thence on a
bearing of North 43.50 feet; thence on a bearing of East 177.06 feet; thence on a bearing
of North 25.50 feet; thence on a bearing of East 23.80 feet; thence North 45 degrees 00
minutes 00 seconds East 60.10 feet; thence North 22 degrees 30 minutes 00 seconds East
43.50 feet; thence on a bearing of North 142.26 feet; thence on a bearing of East 30.00
feet; thence on a bearing of South 89.44 feet; thence South 72 degrees 18 minutes 14
seconds East 20.02 feet to the easterly line of said Lot 1; thence southwesterly 70.48 feet,
along said easterly line of Lot 1, along a curve concave to the southeast not tangential
with the last described line, to a point of tangency; thence South 16 degrees 02 minutes
57 seconds West, tangent to said curve, along said easterly line of Lot 1, a distance of
27.53 feet to a point of curvature; thence southwesterly 25.37 feet along said easterly line
of Lot 1, along a tangential curve concave to the northwest to a point of reverse
curvature; thence southwesterly 58.80 feet, along said easterly line of Lot 1, along a
reverse curve; thence South 45 degrees 00 minutes 00 seconds West 57.49 feet; thence on
a bearing of South 41.77 feet; thence on a bearing of East 48.00 feet; thence North 65
degrees 00 minutes 00 seconds East 17.31 feet to said easterly line of Lot 1; thence
southeasterly 39.00 feet, along said easterly line of Lot 1, along a curve concave to the
northeast not tangential with the last described line, to an easterly corner of said Lot 1;
thence South 1 degree 23 minutes 22 seconds East, along said easterly line of Lot 1, a
distance of 3.93; thence South 65 degrees 00 minutes 00 seconds West 50.04 feet; thence
on a bearing of West 84.66 feet; thence on a bearing of North 78.06 feet; thence on a
bearing of West 121.49 feet; thence on a bearing of South 13.50 feet; thence on a bearing
of West 30.00 feet to the point of beginning.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, a public hearing to consider the vacation of the Water Main Easement was
held on the 131h day of June 2016 before the Planning Commission in the Lake Elmo City Hall
located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and
posted notice had been given, as well as personal mailed notice to all property owners within 350
feet of the Lot by the City Clerk on the 25th day of May 2016 and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, the Planning Commission in its discretion has determined that the vacation
will benefit the public interest because:
1) The new Water Main Easement will serve requested hydrant locations.
WHEREAS, the Council, at its meeting on the 5th day of July 2016, considered the
recommendation of the Planning Commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing Water Main Easement is hereby granted in accordance with the
property descriptions provided above.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 5th day of July 2016.
Effective Date:
Approved:
Mike Pearson, Mayor
Attested by:
Julie Johnson, City Clerk
Teti CITY OI'
LAKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of June 13, 2016
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dunn, Fields, Larson, Griffin, Dodson, and Williams.
COMMISSIONERS ABSENT: Haggard, Kreimer, & Lundquist
STAFF PRESENT: Planning Director Wensman & City Planner Becker
Approve Agenda:
Agenda is approved as presented.
Approve Minutes: May 23, 2016
M/S/P:Dunn/Fields, move to approve the May 23, 2016 minutes as amended, Vote:4-0,
motion carried with Griffin and Dodson not voting.
Public Hearing— Easement Vacation 8574 Eagle Point circle
Becker started her presentation regarding the easements related to Auto Owners water
mains and hydrants. The city moved the location of the water mains and hydrants, so
new easements were recorded. Auto Owners is requesting the old easments be
vacated.
Public hearing opened at 7:07 pm
No one spoke
There was written comment from Machine Shed, but once the application was
explained to them, they were fine with the item.
Public hearing closed at 7:08 pm
Dunn stated it was straight forward and she has no issue with it.
M/S/P: Dunn/Griffin, move to recommend approval of the request to vacate the
easement as outlined in Exhibit B-2/2138129 Water Main Easement as recorded, Vote:
6-0, motion carried unanimoulsy.
Lake Elmo Planning Commission Minutes; 6-13-16