10-23-1989 - Agenda Packet City Council - regular meeting

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To: From: Date: Subj ect: 1013 3CRTAUOCIL MEETING Mayor Grabek & Orono Council Members /� Mark E. Bernhardson, City Administrato$,.), _ October 16, 1989 Hauser/Lauer/wayzata Country Club Subdivision Application 4 Attachment - A - Resolutions #2607 and #2658 B - Tom Barrett Letter Dated :0/3/89 C - Kathleen Martin Letter rated 10/3/89 D - Kathleen Martin Le�Ler Dated 10/4/89 E - Kathleen Martin Letter Dated 10/18/89 F - Final Plat Dated 30/28/89 G - Map of Area Issue - OCT 23 1989 CITY OF CRONO Determine if the City desires to delete its requirement for the easement rights for a potential street corridor as part of this subdivision. Introduct:.ori - As ycu may recall, this was originally to be a subdivision of a lot from the Country Club property which was to have access to the nor-h. After considerable discussion, the property to the east owned hy the Hausers was subdivided jointly with this one and a corridor serving all three of these lots was platted as a private driveway through the Hauser property. Additionally, outlots were created on the north of these properties to accomodate a potential future public street access. The City, as part of that, was to receive easements over that portion of the outlot over the two properties. Discussion - Working to achieve the City's goal of having clear rights to establish a public street if it choose over this property (for half of the street), the City Attorney felt because of all the concurrent easements some dating from 1956 that the easement to be given by the Country Club and the Hausers to the City would not achieve that. The issue is that if the City attempted to exercise its rights, they may run into litigation with the other easement holders over the property (some of whom were objecting to the subdivision in the first place). Even though the City would be receiving a non-exclusive easement, the easement rights of the other property owners might limit the City's ability to use its easement for str,-!et purposes. In order to resolve the issue, the following concepts were discussed: