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� O� <br /> O O <br /> 3= A � C ITY of ORONO <br /> � ����T�,� ,� <br /> � �t �, Municipal Offices <br /> '�� ,. ,�" � � Gti, <br /> a � Street Address: Mailing Address: <br /> ��kESH��� 2750 Kelley Parkway P.O. Box 66 <br /> Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> November 16, 1994 <br /> Mr. Robert Carlson <br /> Re: MWCC Easement in Lot 2, Block 1, Foxwood Second Addition <br /> Dear Mr. Carlson: <br /> At your request I have reviewed our subdivision file in regards to the 35' wide MWCC easement <br /> also shown as a "drainage and utility easement" dedicated to the public on the plat of Foxwood <br /> Second Addition. <br /> As you know, this easement did not appear on the initial plat of Foxwood approved in 1978. <br /> The sanitary sewer easement had been granted to MWCC in the spring of 1975. My review of <br /> the Foxwood Second Addition subdivision file finds absolutely no references to this easement. <br /> It does not show up on any of the preliminary plat drawings, it is not discussed in any of the <br /> memos or meeting minutes, and is not called out in either the preliminary approval or final plat <br /> approval resolutions. The preliminary plat approval resolution references the Coffin-Gronberg <br /> survey of 8/22/84 revised 7/18/86. This survey doesn't show the subject easement. <br /> There is no documentation in the file that the City Attorney did or did not require placement of <br /> the easement on the plat drawings. The easement as granted to MWCC was merely for sanitary <br /> sewer purposes, and not fQr general drainage or utility purposes. The City has no apparent <br /> reason to retain a drainage and utility easement coinciding with the MWCC easement. If the <br /> City Attornev r�qiiired the easement be shc�wn on the plat drawings or if County or State <br /> rPgulations required it t� be sh�wn, it probahly should have been shown as a "sewer easement <br /> per docum�rit #1138926" rather than as a "drainage and utility easement" which automatically <br /> is dedicated to the public via the standard plat dedication language. <br /> Given the above information, and given your discussions with MWCC which apparently have <br /> concluded they are willing to release the easement, I can find no apparent reason why the City <br /> would oppose a vacation of the public's interest in this easement should you make such an <br /> application. <br /> Telephone (612) 473-7357 • FAX 473-0510 <br />