06-21-2010 Planning Commission Packet

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J To: Distribution list . From: James/Judith Pierpont,owners 1801 West Farm Road,Orono,Mn. � � Date:May 24,2010 Reference: Lot Line/Utility Easement Issue at 1801 VJest Farm Road The property encompasses lot 15 and about 1/3Td of lot 16. The Pierponts who own the property at 1801 West Farm Road have signed a contract with another pariy to sell the property with a closing date of June 2nd. Regency Title,buyer's title company,in anticipation of the sale, reviewed a 2003 survey done to confirm the lot line between lots 15 and 14. On that survey it was discovered that the Utility Easement between lot 15 and lot 16 is apparently compromised by its location with regard to the pre-existing stable(now Carriage House)and the pre-existing two-car garage. e.g.pre- existing the lot line placement and Utility Easement. The subject 2003 survey completed by Gronberg Associates depicts the Utility Easement between lot 15 and lot 16 as running under the two buildings,•both of which pre-existed the determination of lot lines when the property was subdivided by The Farm at Long Lake Parinership and ratified by Orono. ' The potenrial buyers of the property at 1801 West Farm Road have asked for verification of the position of the easement. If it is compromised by the pre-exiting buildings the purchaser would like the matter cleared up so that that there is no resultant title guarantee issue. They have specifically asked that any title coverage include a survey confirming/guaranteeing that there is no issue. They would like this done prior to closing on June 2°a After the issue was brought to our attention on Friday,May 21�` James spoke with Orono City Offices to � confirm that the buildings were indeed in place prior to and at the time the lot lines were drawn. Utility Easements were established at the time of the lot line demarcation.. If,indeed,the Urility Easement is compromised the problem must be resolved. There was no indication of any issue when the Pierponts purchased the property in 1990. " As history,the prior owner from whom the Pierponts purchased the property was from the family of the owner of the properly when the lots were converted from farmland to developable lots. The development vehicle,The Fann at Long Lake,was a partnership of the original owner of the land and the person who was ' residing at 1801 West Fann Road when the lot line arrangement was approved by Orono(and others)for development of West Farm Road and North Farm Road. Once the lot divisions were approved the occupant of 1801 built a house on lot 18 and still resides in that location. This may be helpful: we can consult with him as one of the pariners of The Farm at Long Lake. As mentioned above,the first order of action is to have the survey confirmed or corrected. Having been given clean clear title when we purchased the property in 1990 and with several subsequent applications for variances and property adjustments including the structures in question,we are most eager to resolve this matter immediately. This matter should be capable of immediate resolution so as to complete ownership transition at the planned closing on June 2°d. , � Several courses of action should be pursued concurrently to resolve the issue in a timely manner. First, hopefully a review of surveys focused on the issue of location of the Urility Easement will establish that the existing easement is not compromised. If investigation of past surveys confirm there may be an issue then there are other ways to resolve the matter. In discussing the matter with Orono on May 215C.The city had several thoughts about potential solutions. The first and most likely the easiest would be to vacate the easement if it is not needed. In fact there is no need for a Utility Easement for lot 16. The only beneficiary of the Utility Easement is lot 15 where the Carriage House and two-car garage are located. Lot 16 is not buildable having been subdivided such that