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To: File #1280, 1376 Baldur Park Road From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: June 13, 1988 Subject: Easements Wendy Weihe's attorney has provided two documents which appear to be filled in the chain of title of the subject property. The first of those documents is Document #2513998 which is a document that transfers property from Arnold Boxrud and Mabel Boxrud to John and ? Ferrin, and at the same time reserves an easement for driveway purposes over a portion of the property. Boxrud, the grantor, transfers Lot 20 and a portion of Lot 21 to Ferrin. In addition, Boxrud reserves an easement for driveway purposes over a portion described by a four-sided tigure as has been described previously. This easement Is subject to interpretation, because it does not descr: oe the property which is benefitted by the easement, only two persons who are presumably benefitted by it. It does no* indicate what properties the Boxruds owned prior to their transfer to Ferrin, hence it is questionable just what properties have the right for driveway purposes over the easement in Lot 20. They other. Document #144094-L is not an easement document at all but is a copy of a mortgage agreement which decribes Lot 30, Block l of Baldur Park as security for a mortgage loan. The description for Lot �0, Block 1 in this mortgage includes an easement over Lot 31 for a septic system and includes a non-exclusive easement for driveway purposes over a strip of land 12' in width, with a description that places that easement partially within Lot 20. However, according to applicant's attorney Daniel Tyson, there is no easement document itself filed against 1376 Baldur Park Road, hence the purported easement described in the mortgage may in fact have never been legally granted, and may not legally exist. It would appear then that there are potentially two easements for "driveway purposes" over Lot 20, and the validity of those two easements has yet to be determined. The descriptions of the two purported easements are not concurrent, and neither easement appears to coincide directly with the two representations of the existing gravel road presentee: by Gron berg 6 Brown. Lacking additional information, staff would suggest that these easements will certainly have an affect. on development of Baldur Park Point. However, for purposes of determining lot area for use in hardcover calculations, the easements that may exist are considered as driveway easements, not private road or public road easements.