ADDITION_ROW Encroachment License 10875 213th StRIGHT-OF-WAY ENCROACHMENT
LICENSE AGREEMENT
WHEREAS, the City of Scandia does hereby conditionally grant John J.
Peltier and Sharene Peltier, husband and wife, non-exclusive license to locate segments
of their driveway into the right-of-way of 213th Street North adjacent to their real
estate located at 10875 213th Street North, Scandia, MN; as further depicted in the Site
Drawing attachment annexed hereto; and
WHEREAS, the area of encroachment shall be maintained at least 10 feet
distant from the traveled surface of 213th Street North except where the current driveway
connects to the road surface; and
WHEREAS, the only purpose for which the encroachment is allowed is
for purposes listed above; and
WHEREAS, the City's permission may be rescinded by the City of
Scandia at any time it deems the same necessary to serve a public purpose; and
WHEREAS, John J. Peltier and Sharene Peltier are in agreement with
same and acknowledge that they are placing segments of their driveway in the location of
the City's present right-of-way for at their own risk; and
WHEREAS, the property owned by John J. Peltier and Sharene Peltier is
legally described as follows, to wit:
That part of the South Half of the Southeast Quarter of Section 18, Towmbip 32 North, Range 20 west,
Washington County, Minnesota. described as follows:
Beginning at the northwest comer of said South Half of the Southeast Quarter.
thence on an azimuth from north of 89 degrees 44 minutes 02 seconds oriented to the Washington County
Cnordinatc System, North Zone, along the north line of said South Half of the Southeast Quarter a distance
of 377.74 feet; thence on an azimuth of 120 degrees 1 l minutes 59 seconds a distance of 227,54 feet;
thence southeasterly a distance of 198.09 feet along a tangential curve concave to the southwest having a
radius of 200.00 feet and a central angle of 56 degrees 44 minutes 51 seconds;
thence on an azimuth of 176 degrees 56 minutes 50 seconds, tangent to said curve, a distance of 92.12 feet;
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 658,24 feet to a point on rhe west
line of said South Half of the Southeast Quarter distant 370.50 feet south of the point of beginning.
thence on an azimuth of 356 degrees 52 minutes 43 seconds, along said west line, a distance of 370.50 feet to
the point of beginning.
The above described parcel contains 5.0 acres.
Subject to a perpetual, non-exclusive casement for public roadway purposes over, under and across the
castcrly 30.00 feet of the above described petrel.
Subject to a temporary construction easement over, under and across the westerly 30,00 fret of the easterly
60.00 feet of the above described parcel.
Subject to drainage casement for wetland purposes over, under and across part of the southwesterly part of
the above described parcel_ Granted to New Scandia Township by quit claim deed dated August 31, 1995.
(PID # 18.032.20.43.0002)
NOW THEREFORE, be it agreed by and between the City of Scandia and
John J. Peltier and Sharene Peltier as follows:
1. That the City of Scandia grants non-exclusive license to encroach
into an area of right-of-way for 213th Street North adjacent to their
home atl0875 213th Street North, the area of encroachment to be
maintained at least 10 feet distant from the traveled surface of
213' Street N except where the existing driveway meets the road
surface.
2. That both parties to this agreement understand, acknowledge, and
agree that the nature of the encroachment and permission allowed
by the City of Scandia is permissive and temporary in nature and
that this permission may be rescinded by the City at any time and
for any reason where the City determines that a public purpose
reasonably requires the utilization of the area within the right-of-
way of I� Street/Road.
3. That in the event that the City should rescind this license John J.
Peltier and Sharene Peltier and/or their successors in title shall
promptly remove from the right-of-way of 213th Street North the
improvements listed above in the manner and time instructed by
the City, all at their exclusive expense, and that no compensation,
payment, or other consideration shall be due from the City of
Scandia.
4. John J. Peltier and Sharene Peltier shall hold harmless and
indemnify the City of Scandia from any and all loss or damage
resulting the placement of these improvements and from their
failure to comply with the requirements of this agreement
including but not limited to expenses the City incurs in removing
the improvements if necessary or remediating problems resulting
therefrom in the right of way.
5. No property rights are created by this License Agreement.
Additionally no rights superior to other utilities located or to be
located within the affected right of way are granted hereby. John J.
Peltier and Sharene Peltier assume the risk of damage,
replacement, dislocation or other displacement of their
improvements by the City of Scandia or other utility providers
located or to be located within the affected right of way as may be
necessary.
6. Any and all expenses or liabilities that occur due to conflicts with
utilities that are using the right-of-way under a city permit are solely
the responsibility of the licensee.
Dated this 11 day of E4!— 2020.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this L * day of ND V 421' 9 � t Y- _ . 2020, before me, a Notary
Public, within and for said County and State, personally appeared John J. Peltier and
Sharene Peltier, husband and wife, to me personally known, who, being duly sworn, did
say that they are the owners of the above property and have signed said instrument as
their free act and deed.
®R.,
BRENDA EKLUND0.", NOTARY PUBLIC - MINNESOTA
W Commission Expires Jan. 31, 2021
CITY OF SCANDIA
Chris Ness, Acting Mayor
Ken Cammilleri, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2020, before me, a Notary Public,
in and for said County and State, appeared Chris Ness and Ken Cammilleri, to me
personally known, who, being by me first duly sworn, did say that they are respectively
the Acting Mayor and City Administrator of the City of Scandia, by authority of the City
Council of the City of Scandia, said Mayor and City Clerk acknowledge said instrument
to be the free act and deed of said City of Scandia.
Notary Public
SITE DRAWING ATTACHMENT
THIS INSTRUMENT DRAFTED BY:
Christopher Nelson (0395768)
Attorney at Law
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
CERTIFICATE OF SURVEY
PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER,
SECTION 18, TOWNSHIP 32 NORTH, RANGE 20 WEST,
CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA
Computed center of
0 000�0�
South Half of the Southeast Quarter a distance of 35.05 feet;
Section 18, T32N, R20W.
thence on an azimuth of 120 degrees 32 minutes 33 seconds a distance of 93.62 feet;
Washington County stone
leo;
thence on an azimuth of 137 degrees 18 minutes 55 seconds a distance of 62.05 feet;
M 1co
monument at the
That part of the South Half of the Southeast Quarter of Section 18, Township 32 North, Range 20 West,
r 11
Washington County, Minnesota, described as follows:
E1/4 corner of Section 18,
i
S89°2855"E 2640.69
108.00 11
T32N, R20W.
Coordinate System, North Zone, along the north line of said South Half of the Southeast Quarter a distance
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ocoo
of 377.74 feet; thence on an azimuth of 120 degrees 11 minutes 59 seconds a distance of 227.54 feet;
thence on an azimuth of 327 degrees 27 minutes 30 seconds a distance of 22.47 feet;
thence southeasterly a distance of 198.09 feet along a tangential curve concave to the southwest having a
0
radius of 200.00 feet and a central angle of 56 degrees 44 minutes 51 seconds;
N89°26'57"W
/\ r- r\ A r, 1 / N /\ r\
ry�
A
-1-
3
3
thence on an azimuth of 356 degrees 52 minutes 43 seconds, along said west line, a distance of 370.50 feet to
to
to
the point of beginning.
--
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N
s' 1�
IK♦ i
SCALE IN FEET I z [89°4402"]
S89026'57"E 377.74 - -
0 30 60 120
SCALE: 1 INCH = 60 FEET
LEGEND
Fi Denotes stone monument.
Denotes cast iron monument.
L, Denotes length of curve.
R Denotes radius of curve.
QDenotes delta of curve.
[89044'02''] Denotes record azimuth per
Deeds shown hereon.
978.8 X Denotes existing spot elev.
978.8 X Denotes proposed spot elev.
Denotes existing contour.
Denotes proposed contour.
Orientation of the bearing system is based
on the Washington County Coordinate
System, NAD 83, 1986 Adjustment.
Distances are in feet and decimals of a
foot.
Distances shown as 10, 33, 60, etc., are
exact extrinsic values.
Contours are at 2 foot intervals and
elevations are based on the North American
Vertical Datum of 1988. Contours were
derived from data published by the
Minnesota Department of Natural Resources
and field measurements.
Aerial imagery was obtained from
Washington County and is from the spring
of 2018.
The wetland management class is
undetermined and therefore the wetland
setback is unknown. Fifty (50) feet is
shown as a setback hereon but may be
changed by a local unit of government.
Observed wetland edge by Landmark
Surveying Inc. 04/24/2020.
Approximate drain field location
mapped per land owner's markings.
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A 4 I 1 A 1/ r -
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SURVEY PREPARED FOR:
JOHN J. PELTIER
SHARENE PELTIER
P.O. Box 1151
Forest Lake, Minnesota 55025
PROPERTY ADDRESS
10875 213th Street North
PID 18.032.20.43.0002
- v AREA OF PROPERTY
35.05 \ 5.004 acres
20 OOT IDE YA D SETBACK ,gyp A�
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-northwest ner, A8-.
S 112 -SE 1 o�7y��� �'` GC0 v ,�� \e�`�l` �� SA o eco
96 �J- Foy r�c� • "� �scp ��
j`Sc'-OiS N1' � �
mss• Fly As 201 ��
west line, 8
S 112 -SE 114 `� ` �� �� vF� c ���
On 61
--DRAIN GE EA EMENT
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x`303° SITE BENCHMARK WELL 10�L
�S. `�iy ..<�, ♦ J ; ; 1 EXISTINP LOW FLOOR
(5)- F\�
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CD
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Co Cv
119.81
N89026'57"W
[279°44'02'']
N89026'57"W 658.25
[279°44'02'']
l 0 o PP P
/ 50 FOOT SET ACK
/ TO THE APPRO MATE o
WETLAND BOLIN RY 0-
- A rp
C",
QUIT CLAIM DEED, Document No. 868446
A perpetual drainage easement for wetland purposes over, under and across that part
of the South Half of the Southeast Quarter of Section 18, Township 32 North, Range
20 West, described as follows:
Beginning at the northwest corner of said South Half of the Southeast Quarter;
thence on an azimuth from north of 89 degrees 44 minutes 02 seconds, oriented to the
on men un er an
pec cons ieacross es er
emporary ruc Bas over, e wy ey
0 000�0�
South Half of the Southeast Quarter a distance of 35.05 feet;
thence on an azimuth of 120 degrees 32 minutes 33 seconds a distance of 93.62 feet;
thence on an azimuth of 129 degrees 40 minutes 21 seconds a distance of 64.60 feet;
leo;
thence on an azimuth of 137 degrees 18 minutes 55 seconds a distance of 62.05 feet;
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I4 w
That part of the South Half of the Southeast Quarter of Section 18, Township 32 North, Range 20 West,
r 11
Washington County, Minnesota, described as follows:
thence on an azimuth of 165 degrees 14 minutes 52 seconds a distance of 53.81 feet;
i 0
thence on an azimuth of 196 degrees 37 minutes 52 seconds a distance of 88.22 feet;
108.00 11
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 119.81 feet;
Coordinate System, North Zone, along the north line of said South Half of the Southeast Quarter a distance
� o0
ocoo
of 377.74 feet; thence on an azimuth of 120 degrees 11 minutes 59 seconds a distance of 227.54 feet;
thence on an azimuth of 327 degrees 27 minutes 30 seconds a distance of 22.47 feet;
thence southeasterly a distance of 198.09 feet along a tangential curve concave to the southwest having a
0)
Oo
radius of 200.00 feet and a central angle of 56 degrees 44 minutes 51 seconds;
N89°26'57"W
thence on an azimuth of 176 degrees 56 minutes 50 seconds, tangent to said curve, a distance of 92.12 feet;
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 108.00 feet
[279°44'02"] 1
u z
3
feet south of the point of beginning, thence on an azimuth of 356 degrees 52 minutes
thence on an azimuth of 356 degrees 52 minutes 43 seconds, along said west line, a distance of 370.50 feet to
to
to
the point of beginning.
rn
Subject to a perpetual, non-exclusive easement for public roadway purposes over, under and across the
easterly 30.00 feet of the above described parcel.
NOTES
0
z
Washington County cast
iron monument at the
-
S1/4 corner of Section 18,
T32N, R20W.
l 0 o PP P
/ 50 FOOT SET ACK
/ TO THE APPRO MATE o
WETLAND BOLIN RY 0-
- A rp
C",
QUIT CLAIM DEED, Document No. 868446
A perpetual drainage easement for wetland purposes over, under and across that part
of the South Half of the Southeast Quarter of Section 18, Township 32 North, Range
20 West, described as follows:
Beginning at the northwest corner of said South Half of the Southeast Quarter;
thence on an azimuth from north of 89 degrees 44 minutes 02 seconds, oriented to the
on men un er an
pec cons ieacross es er
emporary ruc Bas over, e wy ey
Washington County Coordinate System, North Zone, along the north line of said
South Half of the Southeast Quarter a distance of 35.05 feet;
thence on an azimuth of 120 degrees 32 minutes 33 seconds a distance of 93.62 feet;
thence on an azimuth of 129 degrees 40 minutes 21 seconds a distance of 64.60 feet;
WARRANTY DEED, Document No. 868447
thence on an azimuth of 137 degrees 18 minutes 55 seconds a distance of 62.05 feet;
thence on an azimuth of 154 degrees 54 minutes 45 seconds a distance of 64.21 feet;
That part of the South Half of the Southeast Quarter of Section 18, Township 32 North, Range 20 West,
thence on an azimuth of 121 degrees 53 minutes 48 seconds a distance of 75.18 feet;
Washington County, Minnesota, described as follows:
thence on an azimuth of 165 degrees 14 minutes 52 seconds a distance of 53.81 feet;
Beginning at the northwest corner of said South Half of the Southeast Quarter;
thence on an azimuth of 196 degrees 37 minutes 52 seconds a distance of 88.22 feet;
thence on an azimuth from north of 89 degrees 44 minutes 02 seconds, oriented to the Washington County
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 119.81 feet;
Coordinate System, North Zone, along the north line of said South Half of the Southeast Quarter a distance
thence on an azimuth of 359 degrees 44 minutes 02 seconds a distance of 68.00 feet;
of 377.74 feet; thence on an azimuth of 120 degrees 11 minutes 59 seconds a distance of 227.54 feet;
thence on an azimuth of 327 degrees 27 minutes 30 seconds a distance of 22.47 feet;
thence southeasterly a distance of 198.09 feet along a tangential curve concave to the southwest having a
thence on an azimuth of 303 degrees 25 minutes 26 seconds a distance of 54.08 feet;
radius of 200.00 feet and a central angle of 56 degrees 44 minutes 51 seconds;
thence on an azimuth of 170 degrees 59 minutes 16 seconds a distance of 118.38 feet;
thence on an azimuth of 176 degrees 56 minutes 50 seconds, tangent to said curve, a distance of 92.12 feet;
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 108.00 feet
thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 658.24 feet to a point on the west
to a point on the west line of said South Half of the Southeast Quarter distant 370.50
line of said South Half of the Southeast Quarter distant 370.50 feet south of the point of beginning;
feet south of the point of beginning, thence on an azimuth of 356 degrees 52 minutes
thence on an azimuth of 356 degrees 52 minutes 43 seconds, along said west line, a distance of 370.50 feet to
43 seconds along said west line a distance of 370.50 feet to the point of beginning.
the point of beginning.
The above described parcel contains 5.0 acres.
Subject to a perpetual, non-exclusive easement for public roadway purposes over, under and across the
easterly 30.00 feet of the above described parcel.
NOTES
Q_],' Su' t t t t t' t d d th t 1 30 00 f t th t 1
f
e o e Bas er
o a
60.00 feet of the above described parcel.
Subject to drainage easement for wetland purposes over, under and across part of the southwesterly part of
the above described parcel. Granted to New Scandia Township by quit claim deed dated August 31, 1995.
SURVEY PREPARED BY:
Landmark Surveying, Inc.
21070 Olinda Trail North - P.O. Box 65
Scandio, Minnesota 55073
Office number. 651-433-3421
Cell number. 651-755-5760
E-mail address: infoolandmorksurveying.us
The azimuths of 279 degrees 44 minutes 02 seconds
recorded on Quit Claim Deed Document No. 868446 compute
to be 269 degrees 44 minutes 02 seconds.
0_�
CP
1
30y 30
979.6
30
a
LP
VCM
r SIDE YARD SETBA K
PROPOSED BUILDING ELEVATIONS:
LOW FLOOR=972.5
mi GARAGE FLOOR=982.0
QUIT CLAIM DEED, Document No. 868445
A 60.00 foot wide, perpetual, non-exclusive easement for public roadway
purposes over, under and across part of the South Half of the Southeast
Quarter of Section 18, Township 32 North, Range 20 West, Washington
County, Minnesota. The center line of said easement is described as follows:
Commencing at the northwest corner of said South Half of the Southeast
Quarter; thence on an azimuth from north of 89 degrees 44 minutes 02
seconds, oriented to the Washington County Coordinate System, North Zone,
along the north line of said South Half of the Southeast Quarter a distance of
377.74 feet to the point of beginning of the center line to be described;
thence on an azimuth of 120 degrees 11 minutes 59 seconds a distance of
227.54 feet; thence southeasterly a distance of 198.09 feet along a tangential
curve concave to the southwest having a radius of 200.00 feet and a central
angle of 56 degrees, 44 minutes 51 seconds; thence on an azimuth of 176
degrees 56 minutes 50 seconds, tangent to said curve, a distance of 92.12 feet
and said center line there terminating.
The northerly side lines of said easement are to be prolonged or shortened to
terminate in the boundary of the land of the grantor.
Together with 30.00 foot wide temporary construction easements lying
westerly and easterly and abutting the above described perpetual roadway
easement. Said easements are to terminate upon completion of construction of
the roadway.
Official copies of this map are crimp sealed.
I hereby certify that this survey, 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.
Landmark Surveying Inc.
0
April 28, 2020
Milo B. Horok Minnesota License No. 52577 Date
REVISED SEPTEMBER 29, 2020: Added proposed building
REVISED OCTOBER 14, 2020: Added well, septic, proposed improvements
REVISED OCTOBER 26, 2020: Added proposed elevations and contours
REVISED NOVEMBER 04, 2020: Proposed driveway configuration
Job Number 2020-22