11-26-1984 Council Packet - Laserfiche WebLink

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Mr. Judd wrote to Mr. Nelson requesting further discussions regarding a public easement in favor of the City of Minnetonka Beach and the City of Orono. Based upon this understanding, Mr. and Mrs. Frieda were able to sell their home. The sellers, however, ascrowed $2,625 to cover the costs of the acquisition of the easement. In October 1984, John Gerhardson received a letter from Burlington Northern transmitting copies of the proposed easement and requesting payment in the amount of $2,625. LEGAL ISSUES 1. Whether the City is obligated to provide access through the acquisition of the easement. 2. Whether the costs of the easement should be borne by the City through special assessment or borne ty the property owner. ANALYSIS The Friedes contend that the City should acquire the easement and assess the costs to all benefited homeowners for the following reasons: 1. The City should provide some type of access since Crystal Bay Road is unplatted; and 2. That the City would be obtaining access to two fire hydrants which are located in the railroad right of way. The Friedes contend that the public easement benefits all of the abutting landowners and hence the costs should be spread out among them. In the event that the City chooses not to assess the other landowners, the Friedes have indicated that they would like to see an easement obtained only to their property for which they would be willing to pay. The issue of whether Crystal Bay Road is platted or unplatted would seem to be somewhat irrelevant. Under Minnesota Statute Section 160.05, when any road has been used and kept in repair for at least six years continuously, it is deemed dedicated to the public use. Crystal Bay Road has been maintained for at least 16 years. Hence, access would not seem to be a necessary reason for obtaining the easement. -2-