HomeMy WebLinkAbout1998-252RESOLUTION NO. 98-252
A RESOLUTION ACCEPTING STREET EASEMENT
FOR THIRD AVENUE SOUTH
WHEREAS, during the construction of Local Improvement #185 the roadway on Third
Avenue South was replaced in the same location that it had existed. After replacement it was
discovered that the curb and gutter encroached upon property owned by Orwin Lee and Anita M.
Carter, owners of Lot 1, Block 13; Hersey, Staples and Co.'s Addition to Stillwater; and
WHEREAS, the encroaching right-of--way of Third Avenue South had been traveled in
the same location for at least thirty (30) continuous years giving prescriptive rights in the City to
the traveled portion of Third Avenue South even though private adjacent owners have improved
and maintained the road from time to time; and
WHEREAS, Carters are willing to convey an easement to the City in order that the
boundaries of the encroachment can be properly defined. The easement form is attached as
Exhibit "A". However, the Carters have requested assurances from the City that the conveyance
of the easement to the City will not work prejudice to them.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That after the conveyance of the easement to the City, the lot setback azea, both for
front yard, side yazd and corner lot requirements be measured from the boundaries of the lot
before the encroachment and not be reduced by the azea of the easement.
2. That the area required under the Zoning Ordinance for lot size area requirements will
be measured from the lot lines before the conveyance of the easement and not be reduced by the
area of the easement.
22nd ge tember
Enacted by the City Council of the City of Stillwater this day of p
1998.
CITY OF STILLWATER
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Morli eldon, Clerk
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SHEET 1 OF 2 SHEETS
CERT]FICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA NECiSTERED
LAND SURVEYOR
Tel. No. 439-5630
JOB NOi
SURVEYh1A0EEXCLUSIVELY FUR, Mr. Jerome M. MCCO110r, 5020 Stewart Ave., White Bear Lake, MN
DESCRIPTION, Per Doc No. 910223:
Lots One (1) and Two (2}, Three (3) and Four (4) in Block number thirteen (13), of HERSEY,
STAPLES & CO'S. ADDITION to Stillwater as surveyed and platted and now of record in the
office of the Register of Deeds in and for said County of Washington and State of Minnesota.
Notes:
Orientation of this bearing system is assumed.
o Indicates 1/2" I.D. iron pipe set marked with a plastic plug inscribed RLS 13774.
• Indicates iron monument found in place as noted.
Underground or overhead public or private utilities on or adjacent the parcel were not
located in conjunction with this survey, unless shown or noted otherwise.
Offsets shown to existing structures are measured to the outside building wall line. Any
projections from said outside wall line such as eaves, sills, etc., will decrease these
offsets accordingly.
The recorded plat of HERSEY, STAPLES & CO'S. ADDITION to Stillwater, is recorded as Doc.
416049, office of the County. Recorder, Washington County, Minnesota.
"M." Indicates measured value. "R." Indicates plat record value.
Parcel contains 27,085 sq. ft.t, or 0.6218 acres, more or less.
Note Street improvements and
Barn encroachments as shown.
See Sheet 2 of 2 Sheets for ~,~, /g
proposed roadway and utility Lar
easement description and .3 !er ~ Lor s-
proposed existing structure
easement descriptions. Discuss
the encroachments and proposed
easement descriptions with an
attorney for an opinion on what E DUBUQlJL~
legal steps are required to v v ~
address these matters. The old
barn is in excess of 60 years old.
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<1` Lar 1 hereby certify that thin wrvey, plan, or rcpurt way
_ .5 repued by me or under my direct supcrviaion and that
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-i-~. 1 am a duty Registtred Land Surveyor under the lawn of
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.................
Date....June.. 28_,. 1,997...Rcg.No......1,37,74... .
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GRANT' OF EASEMENT
FOR VALUABLE CONSIDERATION, the undersigned, Orwin Lee Carter and Anita M.
Carter, husband and wife, Grantors, hereby convey and quitclaim to the City of Stillwater, a
municipal corporation under the laws of Minnesota, Grantee, a permanent roadway and utility
easement over, under and across the following described real estate in Washington County,
Minnesota:
Beginning at the northeast corner of Lot 1, Black 13, Hersey, Staples and
Company's addition to the City of Stillwater; thence west along the north line of
Lot 1 a distance of 4.3 feet; thence southeasterly to a point on the east line of Lot
1 a distance of 30.00 feet south of the northeast corner of Lot l; thence north
along the east line of Lot 1 to the point of beginning.
Dated:
Orwin Lee Carter
STATE OF MINNESOTA )
ss.
COUNTY OF 1
Anita M. Carter
The foregoing instrument was acknowledged before me this day of
1998, by Orwin Lee Carter and Anita M. Carter, husband and wife.
THIS INSTRUMENT DRAFTED BY:
David T. Magnuson (#66400)
Magnuson Law Firm
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
Notary Public