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RESOLUTION NO. 7386
RESOLUTION APPROVING ENCUMBRANCE OF AN EASEMENT.
BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota as follows:
(1) It has come to the attention of the City Council that a dwelling owned by Donald and
Marie A. Peterson located on Lot 9, Block 4, Oak Glen according to the plat thereof has been
improperly placed upon the lot so as to encroach upon, and be located over, a portion of Lot 8,
Block 4, Oak Glen, a parcel owned by the Oak Glen Development Company. The dwelling house is
also encroaching, and is located over a drainage easement, owned and maintained by the City
of Stillwater, the easement being presently utilized by the City of Stillwater for stone sewer
purposes. The easement presently extends six (6) feet on either side of the line between Lots
8 and 9, Block 4, Oak Glen according to the plat thereof. Presently located in the easement is
a twelve (12) inch T.C.P. storm sewer pipe that is buried beneath the ground conveying storm
water from the surface of Amundson Court through the easement to a drainage easement located at
the rear of Lots 8 and 9.
(2) It is hereby determined that it would be destructive and unnecessary to require the
structure to be roved and that justice would best be served if the house remains where it is
now located.
(3) That to accommodate this determination and for the express benefit of Donald and Marie A.
Peterson the City hereby grants a sideyard variance for the structure to be located at five (5)
feet from its new property line, and that the structure be granted a front yard variance to be
located at 28 feet from the front property line.
(4) That the above determination and variances are conditioned upon the City being conveyed
an additional drainage easement described as follows:
A permanent easement for drainage and utility purposes over that part of Lot 8, Block 4,
OAK GLEN according to the plat on file in the office of the Registrar of Titles, Washington County.
Minnesota described as follows:
Beginning at the southwest corner of said Lot 8; thence North 39 degrees 57 minutes 41
seconds West, bearing oriented to said plat, along the southwesterly line of said Lot 8 a distance
of 124.41 feet; thence North 35 degrees 38 minutes 15 seconds East 6.03 feet; thence South 48
degrees 25 minutes 34 seconds East 67.05 feet; thence South 31 degrees 42 minutes 48 seconds East
60.63 feet to the south line of said Lot 8; thence southwesterly along said southerline and a
curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 06 degrees
42 minutds 46 seconds. a distance of 7.03 feet to the point of beginning, containing 1390 square
feet, more or less.
that will allow the City to abandon the encumbered storm sewer easement in the event of a failure
and relocate the pipe in a proper easement, that will not be encumbered by the structure.
(5) The above determination is further conditioned upon the conveyance from OAK GLEN
DEVELOPMENT COMPANY to Donald and Marie A. Peterson of the following described real estate:
That part of Lot 8. Block 4, OAK GLEN, according to the plat on file in the office of the
Registrar of Titles, Washington County, Minnesota described as follows:
Beginning at the southwest corner of said Lot 8; thence North 39 degrees 57 minutes 41 seconds
West, bearing oriented to said plat, along the southwesterly line of said Lot 8 a distance of
79.85 feet; thence South 68 degrees 27 minutes 16 seconds East 19.15 feet; thence South 31 degrees
42 minutes 48 seconds East 63.68 feet to the point of beginning, containing 365 square feet. more
or less.
Subject to drainage and utility easements of record.
This will allow the Petersons to maintain the new approved sideyard. Subdivision approval is hereby
given for the conveyance.
(6) The above determination is also conditioned upon the assurances already given to the City
by Donald and Marie A. Peterson that they release and forever discharge the City of Stillwater from
any claims for damages now or in the future that are known or unknown that are now present or that
may arise in the future because of the location of the dwelling house over the easement.
(7) That the City hereby releases Donald and Marie A. Peterson from claims for damage to the
drainage pipe that will remain located under the structure.
Adopted by the City Council this 2nd day of October, 1984.
Published: October 8, 1984
Attest:
Acting City Clerk
RESOLUTION NO. 7387 RESERVED FOR A SPECIFIC PURPOSE --
NOT NEEDED - VOIDED
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