1970-07 Letter, Survey Error - Laserfiche WebLink

Home Browse Search

Jilt' 30, 1970 Mr. Rolfe A. Morden Popham, Haik, Schnobrich, Kaufman & Doty ^10 Farmers and Mechanics Bldg. _nneapolis, Minnesota Dear Rolfes An odd one ease in today, even odder than the Falk case. I am enclosing copies submitted to me today. A brief on this is as follows: Mr. Bets made application last year for a permit for a new house and submitted a surrey, marked A, which showed he met the setback require- ments, so I issued the permit. Be started construction and I inspected footings, noting they were set by a surveyor - a lath with a red flag - and passed them. When I inspected the framing, at which tine dirt was leveled off; it seemed that he was too olose to the road and asked his to bring the surveyor out so I could watch a measurement. They then come up with a front setback of 2141 so I halted construction until Bets cleared a variance through council, which was granted. Zarly this year Mr. Bets applied for a vacation of Lake Street, (the other half was vacated years ago) which is still pending before Village Council. Today he comes up with a new survey by a new sur- veyor and submitted Exhibit B, which shows the house on foresaid Lake Street and also on the City right-of-way. This also shows the City road actually on private property to the north. M.S.S. 160.05, Sub. 2, states that the City, through a six year usage can acquire two rods on each side of bhe road. The legal question then does the City own the entire area es plotted, or 669 on each side of the existing property? If they own the entire area, Mr. Bets is in trouble with the City as well as us. People have called as and said his house also appeared to be in the Village Lake Street access, and I always told then the survey shows he 1s �5' vwq. One could question whethor he knew he was in the right-of-way and that was the reason for asking for the vacation of the street, but I note the new survey was made on June 10 oand his application for a street vacation has been pending for four months. Please advise. Yours truly.