07-20-1981 Planning Packet - Laserfiche WebLink

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Ms. Mabusth Page Two June 15, 1981 the Application. There was discussion among members of the Planning Coninisslon as to easements which had been Incorrectly described on the plat of Klltzke Addition, which affected both Mr. Evans' and Mr. Klltzke's property, and members of the Planning Conmlsslon apparently believe that the appropriate manner of proceeding was not by vacation but rather by replatting the two lots comprising Klltzke Addition. By tabling Mr. Evans' Application, the Planning Conmlsslon permitted us to discuss this matter with the City Attorney, In order that an appropriate manner of proceeding could be agreed upon. Following the public hearing, 1 contacted the City Attorney, Bruce Malkerson, Esq., and discussed the Application with him. From our discussion. It Is my understanding that Mr. Malkerson has no objection to the proposed vacation nor to the procedure which we are following In attempting to have the Flowage Easement vacated from a part of Mr. Evans' property. In discussing this matter with Mr. Malkerson, 1 brought to his attention certain facts described below, which I think should be borne in mind by the Planning Commission In connection with Its consideration of Mr. Evans' Application. Mr. Evans' property Is Included within what was formerly described as Lot 5, Block 1, Stielows Addition. The plat of Stielows Addition, which Is on file In the Hennepin County Recorder's and the Hennepin County Registrar of Titles' offices, shows various easements Including but not limited to a "drainage easement" over the western portion of Mr. Evans' property and other lands In the plat. When Lots 4 and 5, Block 1. Stielows Addition were replatted Into Klltzke Addition, the existing drainage and other easements encumbering those two lots according to the plat of Stielows Addition were also reflected on the plat of Klltzke Addition. However, It Is Important to note that the plat of Klltzke Addition did not create the drainage easement or other easements which were shown on the plat of Stielows Addition. Rather, those easements were creating by the platting of Stielows Addition in 1978. Unlike the drainage and other easements reflected on the plats of Stielows Addition and Klltzke Addition, the Flowage Easement was created by a written Instrument separate from any plat, and as Indicated above, that instrument was recorded in the offices of the Hennepin County Recorder and the Hennepin County Registrar of Titles. From my discussions with you and my attendance at two meetings of the Planning Conmisslon, I have learned that the "drainage easement" reflected on the plats of Stielows Addition and Klitzke Addition was designed merely to refer to the Flowage Easement. However, from the standpoint of examining title to Mr. Evans' property, I believe that the "drainage easement" shown on the plats of Stielows Addition and Klltzke Addition would be considered to exist independently of the Flowage Easement. Conversely, the Flowage Easement, assuming adequate consideration and due execution and delivery, would be considered to be binding and enforceable without any reference thereto being made on the plat of Stielows Addition or lAlM-