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

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Hauser/Lauer/Wayzata Country Club Subdivision October 16, 1989 Page 2 of 4 1. Consent. The Cit; suggested that in order to clear up the -issue—, ,, that the Country Club gain the necessary consents from the property owners who are possessors of easements. Because of the number of property owners and financing arrangements, this may require getting upwards of 100 signatures and could not be done in a timely manner. In fact there is an issue of whether certain people would not object to giving the needed consent because of their opposition to the project. 2. Request for legal opinion of unencumbered rights. The City suggested that the attorney for the Country Club give an opinion that the City would be able to exercise its right free and clear of other easement rights and that the firm giving the opinion indemnify that opinion. The legal firm was rot willing to do this. 3. Larger easement. As the easements of the other property owners are the first 1611 of the 25' outlot, it was suggested that perhaps the City could get an additional 161, further south of the outlot so that it would have a total of 25' unencumbered easement and should the City be able to gain the first 1611 on the outlot, that it would cancel the other easement. This encroaches considerably into the golf course's tee and they did not feel that that would be appropriate. 4. Deeding of outlot to the City. One suggestion was to deed the outlot to the City which would alleviate the easement rights issue as the City would be fee owner of the property. This apparently M4a not a solution agreeable to the Country Club. 5. Delayed acquisition of fee title. As the City did not need the outlot at this time, one option is an agreement to give the City the outlot at the point in the future that the City would want a public street, if ever. Until then it could remain the ownership of the Country Club. If the street were to be constructed, the actual configuration of the street utilizing an easement would probably to the same as if the City acquired the outlot. The Country Club however has not indicated a willingness to give up the outlot as it encroached into part of their tee. The City has suggested that the Country Club could require a lead time and define where the edge of the street could be in relationship to their outlot boundary that in order to not severely impact thei.- tee or to give them sufficient lead times to alter that, two things they would not have with the easement.