City Council Agenda Packet 01-24-2022 SpecialAGENDA
MONTICELLO CITY COUNCIL SPECIAL MEETING
Monday, January 24, 2022 — 5:30 p.m.
Monticello Community Center
Call to Order
5:30 p.m. Annual Administrative Review (Academy Room)
3. Adjournment
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Doc. No. A 1102560
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
11-13-2008 at 02:20
Check #: Fee: $ 46.00
Payment Code 04
Addl. Fee
Larry A. Unger, County Recorder
EASEMENT AGREEMENT
THIS AGREEMENT made this 9th day of June , 2008, by MERRILL J.
BUSCH and MARY D. BUSCH, husband and wife, the Grantors and the CITY OF
MONTICELLO, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as "City".
The parties agree as follows:
1. In exchange for good and valuable consideration, the Grantors do hereby grant
unto the City and its assigns a permanent easement for public street purposes legally described on
the attached Exhibit "A" and depicted on the attached Exhibit "B."
2. The use of the easement by the City shall be limited to the construction, maintenance
and public use of a gravel road surface no more than twelve (12) feet in width to serve only
the currently existing adjacent property uses. The existing adjacent properties and their uses include
the Jamison property, a single-family residence, and the Grantor's property, a private residence
and bed and breakfast establishment.
Maintenance is defined as follows:
134334
• The City shall provide snow removal operations in accordance with the City of
Monticello's Snow Plowing Policy for the most recent season. The policy, in
Return to:
City of Monticello
505 Walnut St, Ste 1
Monticello, MN 55362
J14(o
general, currently stipulates that snow removal operations shall begin when snow
accumulation reaches 2 -inches and that the street will be open to traffic within 12
hours after a snow storm subsides.
• The City shall grade the roadway as needed to maintain it in a drivable condition, as
reasonably determined by the City, including after heavy rainfall events where
erosion or washouts exist on the roadway.
• The City shall trim trees that encroach within the easement where they interfere with
City maintenance equipment.
• The City will re -seed green areas that are disturbed by City maintenance equipment
to a mowable condition.
• The Grantors shall maintain the green area within the easement (i.e. mowing,
watering).
3. The City will seed and/or sod disturbed areas caused by construction of the roadway.
4. The roadway design will include preservation of trees and the lilac hedge to the best
extent possible.
5. The Grantors shall review and approve the construction plans for the roadway prior
to the start of construction.
6. The easement cannot be utilized for the installation of public sanitary sewer,
watermain or other public utilities.
7. The City will compensate the Grantor for all costs associated with obtaining the
mortgage consent documents.
8. The City shall complete construction of the road surface no later than June 30, 2008.
9. The Grantors, for themselves, their heirs and assigns, do covenant with the City,
134334 2
its successors and assigns, that they are well seized in fee title of the above described easement
premises; that they have the sole right to grant and convey the easement to the City; that there are
no unrecorded interests in the easement premises.
This Agreement shall run with the land and may be recorded in the Wright County
Recorder's Office.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date first written.
CITY OF MONTICELLO
By:
Clint, Herbst, Mayor
By:
J eill, City Administrator
'll J. Busch
Mary D. Wsch
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 9 th day of
June , 2008, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator
of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
�.rll. tel, rrlJl./.1./ll./../ll.�l✓lJY./. /✓�
134334
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 5th day of
June , 2008, by Merrill J. Busch and Mary D. Busch, husband and wife,
Grantors.
THIS INSTRUMENT DRAFTED BY:
Campbell Knutson
Professional Association
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS/cjh
134334
Notary Public
.%./✓./✓."�_!✓lei".-v.J"✓"./✓'..J"/'.�'✓u✓' -. -'�/* .
EXHIBIT A
TO
EASEMENT AGREEMENT
STREET EASEMENT
A permanent easement for public street purposes over, under and across that part of the
following described tract of land in the City of Monticello:
(THE TRACT)
That part of the SW 1/4 of the SW 1/4 of Section 12, Township 121, Range 25, Wright County,
Minnesota, also being a part of tracts known as Lot 1 of said SW 1/4 of the SW 1/4 and Lot 9 of
Auditor's Subdivision Number One according to the plats of record, described as follows:
Beginning at a point on the west line of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the
southwest corner thereof; thence east at a right angle from the said west line a distance of 318.00
feet; thence deflect 79 degrees left bearing N 11 degrees E a distance of 285.08 feet to a point on
the southerly line of the Old Territorial Road, said point being the centerline of Old Territorial
Road bearing northwesterly extended southeasterly; thence northwesterly along said centerline a
distance of 308.29 feet to the southerly right-of-way of the Great Northern Railway; thence
northwesterly along said right-of-way a distance of 303.5 feet to the west line of said SW 1/4 of
the SW 1/4; thence south along the said west line a distance of 663.50 feet to the point of
beginning. Except therefrom that part described as follows: Beginning at a point on the west line
of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the southwest corner thereof; thence east
at a right angle from the said west line a distance of 318.00 feet; thence deflect 79 degrees left
bearing N 11 degrees E a distance of 155.44 feet; thence deflect 79 degrees 30 minutes left a
distance of 252.20 feet; thence deflect 21 degrees 30 minutes left a distance of 113.00 feet to the
west line of said SW 1/4 of the SW 1/4; thence south along the said west line a distance of
245.00 feet to the point of beginning.
Which lies within the following permanent easement for street purposes:
That part of (THE TRACT), which lies easterly of the easterly right-of-way line of Fallon
Avenue, and also which lies northerly, easterly and northerly of the following described line:
Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of
Section 12, Township 121, Range 25, Wright County, Minnesota; thence North 00 degrees 00
minutes 34 seconds East, assumed bearing along the west line of said Southwest Quarter of the
Southwest Quarter, 1159.63 feet, to the point of beginning of said line to be hereinafter
described; thence North 76 degrees 09 minutes 05 seconds East, 29.77 feet; thence easterly,
34.74 feet, along a tangential curve, concave to the south, having a radius of 65.00 feet, and a
central angle of 30 degrees 37 minutes 36 seconds; thence South 73 degrees 13 minutes 19
seconds East, tangent to the last described curve, 162.58 feet; thence southeasterly, 40.79 feet,
along a tangential curve, concave to the southwest, having a radius of 125.00 feet, and a central
angle of 18 degrees 41 minutes 48 seconds; thence South 15 degrees 25 minutes 09 seconds East,
134334 5
not tangent to the last described curve, 31.48 feet; thence South 72 degrees 53 minutes 25
seconds East, 47.78 feet, to the easterly line of (THE TRACT), and said line there terminating.
134334
MAR -30-2008 16:33 WSB & ASSOCIATES
Sent By: The Historic Rand House; 763 295 6037;
7635411700 P.03'03
Mar -30-08 4:18PM; Page 3/3
MORTGAGE HOLDER
CONSENT TO EASEMENT
Wats Far' gv Bank, National Association, which holds amortgage on all or part of the
property more particularly described in the foregoing Easement A�'eement, which mortgage is
dated May 20, 2004, and recorded September 15, 2004, as Docurri nt No. 927146, with the
office of the County Recorder for Wright County, Minnesota, for food and valuable
consideration, the:receipt and sufficiency of which is hereby acknowledged. does hereby join in,
consent, and is subject to the foregoing Easement ,Agreement.
STATE OF
)ss.
COUNTY OF
The i'oregoing instruMent was ackr
.2008T by
of Wells Fargo
:DRAFTED BY:
CAMPBELL KNU*rSQN
-Professional Assaciat f tart
317 Eagandale Office Center
1380 Corporation CCnter Curve
.Eagan, Minnesota 55121
Telephone: 651-45-2-5000
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Wel ergo n . ationat ssociaition
By.
Its:
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before the this day of
the
tonal Assoc ion, on its behalf:
Public
Lmy
W ROSENBE`RG
Notary i�UNC
Minnesota
� t:xires J&vary 31, 2010
TOTAL P.03
—SW COR OF THE SW 1/4 OF
/ THE SW 114 SEC 12 T 121 R 25W
/ WEST LINE OF THE SW 1/4 OF --� •v.�e �`� `�iA��%
i� THE SW 114 SEC 12 T 121 R 25WFALLOWAVENU
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PROPOSED PERMANENT STREET j r Q' r'
EASEMENT AREA = 7345 sq ft - '
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PROPERTY
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JAMESON PROPERTY
Prepared by:
701 Xenia Avenue South. Suite 300
Minneapolis, MN 55416
V)Kwww.wsbeng.com
16}5111800 • Fa Jb1bIFI7fe
INFRASTRUCTURE, ENGINEERING, PUWNINO CONSTRUCTIO?
Territorial Road Realignment
Street Improvements
Parcel Sketch
for the City of
Monticello, Minnesota
City Pmjed No. 2005-21C
WSB Project No. 01627-16 Date: 3!071
Exhibit B
MONWELL0
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