2007-02-16 Easement Vacation Agreement & ResolutionMichael C. Couri~
Andrew J. MacArthur
Robert T. Ruppe~~
*Adso licensed in Illenais
**Also licensed in Californea
February 16, 2007
Bridget Miller, Clerk
City of Albertville
POBox9
5959 Main Avenue
Albertville, MN 55301
COURT, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MIV 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthl ink. net
Re: City of Albertville -Original Documents
Dear Bridget:
Kristen H. Carr
Kyle R. Hartnett
Enclosed please find Resolution No. 2007-12 and the Easement Vacation Agreement for
Hutners Pass Estates. Mike believes you gave him the originals by accident, so we are
returning the original documents back to you for the City's files. We have kept a copy of
the documents for our records.
If you have any questions, please do not hesitate to call. Thank you.
Sincerely,
Kathleen H. Bost
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION N0.2007-12
RESOLUTION VACATING A PORTION OF THE
DRAINAGE AND UTILITY EASEMENT ON
LOT 9, BLOCK 3, HUNTER'S PASS ESTATES
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, the City Council, pursuant to its own motion and it's authority under Minnesota
Statute §412.851 did hold a public hearing on February 5, 2007 at the Albertville City Hall. At said
time and place the City Council heard all interested parties on whether to vacate that portion the
drainage and utility easement on Lot 9, Block 3, Hunter's Pass Estates shown on the attached
Exhibit A.
WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied; and
WHEREAS, the City Council finds and determines that it is in the public interest to vacate the
roadway as legally described above as such roadway is no longer required by the City.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright
County, Minnesota does hereby order as follows:
1. That portion the drainage an utility easement on Lot 9, Block 3, Hunters Pass Estates shown on the
attached Exhibit A within the City of Albertville is hereby vacated.
2. The City Council has determined that the following property owners have not been negatively
affected by the easement vacation:
a. K. Hovnanian T&C Homes at Minnesota, LLC
3. The City Clerk is directed to file a certified copy of this Order in the records of the City and
along with a "Notice of Completion of Proceeding" with the Office of the Wright County
Auditor and Recorder.
Passed by the Albertville City Council on the 5~` day of February, 2007.
Ron Klecker, Mayor
"~ L"' C~~ 6' f 1- ~J ~~~~.9
Bridget Mille ,City Clerk
City of Albertville
County of Wright
Resolution No. 2007-12
Page 2
EXHIBIT A
LEGAL DESCRIPTION OF DRAINAGE AND
UTILITY EASEMENT BEING VACATED
That part of the drainage and utility easement lying over, under and across Lot 9, Block 3,
HUNTERS PASS ESTATES, Wright County, Minnesota as delineated and dedicated on
said I-ILINTERS PASS ESTATES, described as follows:
Commencing at the northeast corner of said Lot 9; thence on an assumed bearing of
South 12 degrees 00 minutes 00 seconds East, along the east line of said Lot 9, a
distance of 66.84 feet; thence northwesterly, along a line hereinafter referred to as
line "A", to a point on the north line of said Lot 9, distant 59.73 feet from said
northeast corner, as measured along said north line; thence southeasterly, along said
line "A", a distance of 40.95 feet to the point of beginning; thence North 57 degrees
00 minutes 00 seconds East, a distance of 6.20 feet; thence South 33 degrees 00
minutes 00 seconds East, a distance 20.01 feet, to said line "A"; thence
northwesterly, along said line "A", to the point of beginning.
2
CITY OF ALBERTVILLE
EASEMENT VACATION AGREEMENT
HUNTERS PASS ESTATES
THIS AGREEMENT, entered into this ~ day of C ~~ , 2007 by and between
K. Hovnanian T&C Homes at Minnesota, LLC, a Minnesota limite~ty company referred to
herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota,
hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in Exhibit A,
attached hereto and incorporated herein by reference; and
WHEREAS, Developer has begun construction of a home on the described property which
encroaches on the City's drainage and utility easement as shown in the attached Exhibit B; and
WHEREAS, Developer has requested that a portion of the drainage and utility easement be
vacated; and
WHEREAS, Developer has fee title to other lots within the same plat and plans to develop
those lots; and
WHERAS, the City requires that all developments within the City meet the applicable set
back requirements and wants to ensure the City's requirements are complied with on all
developments; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings of the parties concerning
the vacation of a portion of the drainage and utility easement and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
Vacation of a Portion of the Drainage and Utility Easement. The City agrees to
vacate the portion of the Drainage and Utility Easement as shown in the attached
Exhibit C.
Future Building Permits. To ensure Developer complies with the City's
requirements in the future, the City will review all setback measurements both on
renderings and on the building site, for the placement of buildings on the next three
building permit applications submitted by the Developer in Hunters Pass Estates.
This review may include having the City Engineer or some other surveyor verify
that the certificate of survey submitted by the Developer is correct. The City will
not issue the building permits until all applicable measurements are confirmed by
City staff
Developer to Pay CitV's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcerr~ent or execution of this Agreement, the processing of Developer's
vacation request, and the verifying of Developer's surveys on the next three building
permits as set out in paragraph 2 of this Agreement. Developer agrees to pay all
such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, the City may, at its option, special assess the amount owed against the
property upon which the building permit is requested.
4. Miscellaneous.
a. Breach of any of the terms of this Contract by the Developer shall be grounds for
denial of building permits on such property.
b. This Agreement shall be binding upon and extend to the representatives, heirs,
succe-ssors and assigns of the parties hereto.
CITY OF ALBERTVI]LLE,
BY ~- ~JC v -M
It's Mayor
It's Clerk
K. Hovna n T Ho rota, LLC
Its
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ `~'~~ ~ day of
} L ~t i,t"~,~ {, j" , 2007, by Ron Klecker as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
,f
~` ~ ~~~
Notary Public ~
STATE OF MINNESOTA ) ~~'~``~ ~ ~ ~}
~~~ T(J' ~ ~.~~~HARDT
) SS. '` Pdv i ~Rlfv4ESi~TA
COUNTY OF WRIGHT ) ~~ _''
The foregoing instrument was acknowledged before me this ~ ~ _ day of
_}- -~ ~r)Y ~ ~ , 2007, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
~ ,. f ~ "~Y~~ ~
Notary Public '~
r:
STATE OF MINNESOTA )
ss.
COUNTY OF£rFI~' ) `•; ~._...
-T~+~Y~a,~,._ -_ -
~,
.. -
~
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HA~DT
~"'~k" c
~.~
~ ~~ "•S N ESOTA
.;
., i, 2~
The foregoing instrument was ~ acknowledged before me this ~ ~_ ~ `~ da of
y
~~ '-~. ~.._~,~~. ~.., , 2007, by ~~~ ~ t- {` ~.~,~-~~~ , as `' c~~ ' ct;~,f~`of K. Hovnanian T&C Homes
at Minnesota, LLC, a Minnesota limited liability company.
Notary Public `-
DRAFTED BY:
Couri, MacArthur & Ruppe P.L.L.P
P.O. Box 369
nn+~nn~w~MMnn~nnnnw
KATHRYN M. COTTER
__ ` Notary P~i~c-Mirm~o~a
_ ~' INrCon•Neefan r~rres,an at, xo~o
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930