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

Home Browse Search

Craig M. Mertz, Esc. Re: File No. 3643-047 Page 2 October 4, 1989 intp-ested property owners in the easement created in 1956. You indicated to Nancy Husnik of our office that you have consulted your client and would be prepared to submit a formal legal opinion that the existing easement is valid and enforceable, notwithstanding the lack of consents. However, you have also indicated that you would not be prepared t- have your client indemnify the interests of the City in the easement, and that since your client would not be in final ownership of either Outlots B or C, he would not be able to grant a nee:, easement at a different location. Mr. Berg has informed our office thGc his law firm would not allow him to deliver a legal opinion on the easement as requested in oui letter. In the alternative to the suggestions '_i.rted in my October 3 letter, we propose that Mr. Lauer, Wayzata Country Club and the Hausers gi,,nt the City of Orono a read easement over Out'_ots B and C and the Northerly 16.5 feet of Outlot A and Lot 1, E�lock 1, of th. proposed addition. In this way, allowance can be made for the 16.5 feet of the two outlots encumbered by the pre-existing easement, and the City's standard of a 25 foot wide access easement (in conformance with the preliminary plat approval for Wayzata Country Club, which was passed by the Orono City Council as Resolution No. 2657, on .;.i:y 10, 1989) can be accommodated. An adjustment may be made in the leg ' desc-iption of the easement to allow for some slight variation in footage which may oe affected by setback requirements for an existing structure. Should y and your client or Mr. Berg and his client fins that the above alternative is not acceptable. T suggest that tnis matter be brought up before the Orono City ._..ncil at its October 23, 1989 meeting. At that time, the locatinn or relocation of the outlots or easement placement can be c:iscussed. It is our e that there will be a timely resolution to the easement issue suerounding this subdivision. Tom Barrett and I will be unavailable this afternoon, so please contact us Thursday morning with your comments. We await your reply. Very truly yours, Kathleen M. Martin KM14/NEH/ZGMM-1100!12) ✓ cc: Mark Bernhar,'son, City Manager (Via alecouy) Larry K. perg (Via Tei•:.;,,py) Thomas J. Barrett, Eso_. Nancy Husnik