05. Simpson Petition to Vacate EasementPETITION TO VACATE EASEMENT FOR PEDESTRIAN WAY PURPOSES
To: The City Council of the City of Scandia, Washington County, Minnesota 3/30/2022
WHEREAS, in the year 2000, the developer of the Goose Lake Farm Estates was asked
to grant, and did grant to the Town of New Scandia, an easement for pedestrian way purposes
with the intention of providing public pedestrian only access to Goose Lake ("the Easement");
and
WHEREAS, the Town of New Scandia incorporated as the City of Scandia in 2007; and
WHEREAS, the Easement is legally described as The East 20.00 feet of the Northwest
Quarter of the Southwest Quarter AND That part of the East 20.00 feet of the Southwest Quarter
of the Southwest Quarter lying North of the South 468.27 feet thereof, All in Section 11,
Township 32 North, Range 20 West, Washington County, Minnesota. (exhibit f); and
WHEREAS, the owners of certain land burdened by the Easement wish to complete a
purchase of the land from the adjacent land owner. The new owners would put the land to use as
a large caliper tree farm but are currently prevented from doing so by the existence of the
easement, which prevents the installation of DNR approved deer fencing, irrigation, and general
operations that are needed for the planned tree farm (exhibits c&d); and
WHEREAS, the Easement is located in part over a wetland on the National Wetland
Inventory, as depicted in exhibit (a&e) attached hereto ("the Wetland"); and
WHEREAS, a large portion of the easement is under deep water making it impassable,
sections of dock have been illegally placed in the Wetland by public (exhibit a); and
WHEREAS, the easement cannot be improved without filling or moving part of the
Wetland, and the City of Scandia has no plans to undertake any such improvements; and
WHEREAS, the easement is/has been illegally used by: 4 wheelers, snowmobiles
(exhibit b, 2022), and brush mowing equipment as documented and admitted by public testimony
at Public Hearing on November 16, 2021, with no enforcement by the City of Scandia.
WHEREAS, the liability risk for the City of Scandia is tremendous, especially if the
easement is not improved and maintained. The City of Scandia has done zero improvements
since the easement was granted in the year 2000.
WHEREAS, vacating the portion of the Easement subject to this petition is in the
interest of the public as it would facilitate the productive use of land, thereby contributing to the
local economy and property tax base.
NOW, THEREFORE, we, the undersigned landowner abutting the portion of the
Easement depicted in Exhibit 2 hereby petition the City of Scandia to vacate that same portion of
the Easement, namely The East 20.00 feet of the Northwest Quarter of the Southwest Quarter
AND That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter lying
North of the South 468.27 feet thereof, All in Section 11, Township 32 North, Range 20 West,
Washington County, Minnesota.
Encl: exhibit a, b, c, d, e, f
Link to short video
www.dropbox.com/sh/ke7stmoyn67pmhy/AACL tGSglhOBoEREGb6JbYga?dl=0
James M. Simpson
RECEIVED
MAR 3 0 2022 Peggy A. Simpson
CITY OF SCANDIA Owners of Tax Parcel Nos.
1103220310001 and 1103220340002 and
1103220230008
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DEPARTMENT OF
NATURAL RESOURCES National Wetland Inventory
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Date Printed: 08/03/2021
This map is for general reference only. Neither the state of Minnesota
nor the Minnesota Department of Natural Resources make any
representations or warranties with respect to the use of or reliance
on the data. There are no guarantees as to the accuracy, currency,
completeness, suitability or reliability of this data for any purpose.
exhibit f
EASEMENT VACATION EXHIBIT
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EASEMENT VACATION
DESCRIPTION:
ID 0.11.632-20.32� L an.
11.03220.23.0008 I
The East 20.00 feet of the Nwmwm Quarter
of the Southwest Quarter.
AND
That pan of the East 20.00 feet of the
Southwest Quarter of the Soudymg Quarter
long North oi the South 468.27 teet themof.
All in Section 11, Immsbio 32 North, Range
20 West, Washington Um!ft Minnesota.
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LEGEND
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EASEMENT TO
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