1979-09-27 Letter, Drainfield Easement

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Telephone 473.7357 • l\ n r::: CITY of ORONO ` I Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices • On the North Shore of Lake Minnetonka September 27, 1979 Mr. David Nitz David Nitz, Inc. 3059 Farview Laiie Long Lake, Minnesota 55356 Dear Mr. Nitz: I have discussed your proposal to install a septic system/drainfield on the neighboring lot with Alan Olson the City Planner. We agree that while Orono's ordinances do not specifically prohibit the obtaining of easements for drainfield use, the intent of the code is to retain and preserve on each lot enough ared for all future drainfield needs. We could further extend the intent of the code to include using the most feasible and logical drainfield sites, which may in your case be on the neighboring lot. This would infer a lot line relocation or resubdivision. As a practical matter, an easement may be acceptable. The easement would have to be drawn up by your attorney and must be acceptable to the City Attorney. The easement at a ininimum would have to include the following points: 1. Must be irrevocable. 2. Must be detailed as to purpose and technological standards. 3. Must spell out which party has responsibility and authority for maintenance. 4. Must give the City right of way of entry for inspection purposes. 5. Must hold harmless and indemnify the City for issuance of permit(s) under terms of the easement rather than requiring strict adherence to the letter of the code. 6. Must include language to clarify that other proven future drainfield site] do exist on each lot, that these are to be preserved, and that these can and will be used in the future as necessary if the easemF is at some future date declared invalid. 7. Any other points you may wish to include or which may be required by the City Attorney.