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TO;Mayor Callahan and Orono Councilmembers <br />Ron Moorse, Citv Administrator <br />FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator <br />DATE: November 29, 1993 <br />SUBJECT: 1340 Baldur Park Road - Sewer Connection <br />%a. % <br />List of Exhibits <br />A - Plat Map/Sketch <br />B - Letter from David Mess 4/11/89 <br />C - Table - lIistor>' of Ownership <br />D • Ix-tter to Jack Collins (Midwest Federal) 6/5/84 <br />F: - 1982 Approved Preliminary Plat Drawing <br />/ <br />Suiimiary <br />This residence is within the MUSA boundary and has a nonconforming septic sy stem (due <br />to lack of y separation from water table identified by mottling) which must be replaced by <br />12/31/95. There is no place on the property meeting the minimum criteria tor .system <br />replacement. Connection to City sewer is the only reasonable alternative. <br />Connection Issues <br />The house sits on Lot 30 (see E.xhibit A) and is owned by David Mess. The sewer in <br />Baldur Park F.-ad only extends up to Lot about 500’ from tlie house. William Franklin <br />owns Lots 21 through 29 and 31 through 33, all of which are vacant except for a detached <br />garage on Lot 28 Mr. Mess has a driveway easement through Lots 21 29. but not a sewer <br />easement. Mr. Franklin apparently has refused to grant Mess a sewer easement (see Exhibit B). <br />All of Lots 21 through 33 were owned by Gladys and Fred Olson at the time sewer was <br />installed in Baldur Park Road as part of the 1965-LS-l project. Lot 21 was assessed front <br />f(M)tage. and Lot 30. with the house, was assessed one $225.00 sewer unit. A 1970 letter to <br />Fred Olson camfirmed that the sewer was provided to dK: property and that he was already past <br />the deadline for connection. <br />In 1974 ijois 21 through 29 and Lot 33 were sidd by Olson. The history of property <br />ownership appears in Exhibit C. <br />Although the City has sent many leucrN demanding sewer connection and had many <br />discussions with »hc various property owners thr.High the years, it can be argued that the <br />propeny techiuwady has m>t been ‘served* by sewer since the intervening Lots 21-29 were sold <br />iwcniy years ago