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• <br />Fsl <br />Previously because of the uncertainty about the status of the easements for these dock lots, several <br />options for access to the dock lots have been discussed. One possible option discussed with <br />Hennepin County was the construction of a new driveway entrance on the north end of the dock <br />lots. The existing entrance had always been off the private road along the south side of the dock <br />lots. The space available for a new driveway, on the north side, is severely limited because of the <br />steep site topography. However, obtaining the necessary easements for tliis new driveway became <br />very difficult. <br />Another option presented for consideration, was allowing for parking along the southernmost 100 <br />feet of the southbound shoulder area. Although the sight distance problems from the Narrows <br />Bridge are less severe, there is still a safety concern from bicyclists moving out into traffic to pass <br />the parked vehicles. This option received a generally unfavorable response because of safety <br />concerns and difficulty in controlling the use of the parking for dock lot owners only. <br />Recent Research Appears to show Necessary Easements are In Place <br />Since the previous meetings. City staff has spent time researching the easement issue further. We <br />have obtained copies of recorded easement documents from Hennepin County. Copies of these <br />documents are attached for your review. Researching this issue was a time consuming and <br />complicated process because of the way this area was originally subdivided. The dock lot area and <br />several residential sites to the south were plated, in 1955, out of Lot 27 from the Pheasant Lawn <br />subdivision. Pheasant Lawn was platted in the 1940's and created numerous lots north of the dock <br />lot area. Lot 27 was a large lot in the southernmost portion of the Pheasant Lawn Subdivision. <br />Lot 27 was platted by four different Registered Land Surveys into approximately 30 small lots <br />labeled by letters. <br />The dock lots are "Torrens" Property which provides for a higher level of assurance than <br />"Abstract" property. The "Certificates of Title" for these dock lots list easements that are <br />recorded against the properties. We have obtained copies of these easements that are listed on the <br />Title Certificates. These easements are listed in the 1955 documents conveying the various lots <br />from the original owners of Lot 27 Pheasant Lawn Subdivision. Because of the large number of <br />lots referenced these documents are complex, but a review of tlie documents appears to indicate <br />that road easements were granted to allow for access to the various properties. This is logical that <br />easements would have to been granted before these properties were originally sold off. However <br />the research we conducted is not intended to provide a "Title Opinion" or other legal advice, and <br />the information provided should not be construed as guarantee of the validity of these easements <br />by the City of Orono. If the property owners would like more detailed information regarding these <br />easements, they should obtain their own legal advice or Title Opinions. <br />Existence of Easements Diminishes the Need for City Action <br />The finding of the recorded easement documents diminishes the need to consider changes to the <br />current no parking area. The parking of one car in the area adjacent to the dock lot is in <br />conformance with the Conclusions, Order and Conditions listed in the 1985 Conditional Use <br />Permit Resolutions.