HomeMy WebLinkAbout1979-09-27 Letter, Drainfield Easement0
September 27, 1979
Mr. David Nit2
Page 2
Please be reminded that comrlete soil testing must be approved and
proper setbacks adhered to prior to the City's review of the easement.
The City retains the right to accept, reject, or make changes to any
proposed easement submitted, or the concept of the use of easements
should some other situation arise that we are not aware of now.
If you have further questions, please do not hesitate to call.
Sincerely,
Michael P. Gaffroi,
Septic System Inspector
MPG:kh
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.