HomeMy WebLinkAboutRe: MWCC easement � O�
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Orono, MN 55356 Crystal Bay, MN 55323-0066
November 16, 1994
Mr. Robert Carlson
Re: MWCC Easement in Lot 2, Block 1, Foxwood Second Addition
Dear Mr. Carlson:
At your request I have reviewed our subdivision file in regards to the 35' wide MWCC easement
also shown as a "drainage and utility easement" dedicated to the public on the plat of Foxwood
Second Addition.
As you know, this easement did not appear on the initial plat of Foxwood approved in 1978.
The sanitary sewer easement had been granted to MWCC in the spring of 1975. My review of
the Foxwood Second Addition subdivision file finds absolutely no references to this easement.
It does not show up on any of the preliminary plat drawings, it is not discussed in any of the
memos or meeting minutes, and is not called out in either the preliminary approval or final plat
approval resolutions. The preliminary plat approval resolution references the Coffin-Gronberg
survey of 8/22/84 revised 7/18/86. This survey doesn't show the subject easement.
There is no documentation in the file that the City Attorney did or did not require placement of
the easement on the plat drawings. The easement as granted to MWCC was merely for sanitary
sewer purposes, and not fQr general drainage or utility purposes. The City has no apparent
reason to retain a drainage and utility easement coinciding with the MWCC easement. If the
City Attornev r�qiiired the easement be shc�wn on the plat drawings or if County or State
rPgulations required it t� be sh�wn, it probahly should have been shown as a "sewer easement
per docum�rit #1138926" rather than as a "drainage and utility easement" which automatically
is dedicated to the public via the standard plat dedication language.
Given the above information, and given your discussions with MWCC which apparently have
concluded they are willing to release the easement, I can find no apparent reason why the City
would oppose a vacation of the public's interest in this easement should you make such an
application.
Telephone (612) 473-7357 • FAX 473-0510
Mr. Bob Carlson
November 16, 1994
Page 2
Further, as long as you provide documentation that MWCC has or is in the process of releasing
their easement, the City will allow construction of your sewage treatment system within the
easement, but would encourage you to make the vacation application to the City, in order that
future potential utility conflicts be avoided.
Please contact me at 473-7357 if you have any questions. I believe you have a copy of the
vacation application packet.
Sincerely, r�
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Michael P. Gaffron
Asst. Planning & Zoning Administrator
MPG/cti
cc: Jeanne A. Mabusth, Building & Zoning Adm.
Stephen Weckman, On-Site Systems Manager