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Councilmember <br />moved for its adoption: <br /> <br />introduced the following resolution and <br /> <br />}~iESOLUTION ~89-07- <br /> <br /> WHEREAS, the city has an easement for drainage purposes over <br />the entire Lot 3, Block 5 of Whispering Pines Estates which <br />easement was recorded on November 2, 1973 as Anoka County <br />Recorder's document ~400156, and <br /> <br /> WHEREAS, said drainage easement did not appear on the <br />Certificate of Survey submitted to the City by the builder for a <br />bui'lding permit review; and <br /> <br /> .~ WHEREAS, through inadvertence a building permit was issued by <br />the!Jcity and a residential dwelling has been constructed on Lot 3, <br />Block 5, Whispering Pines Estates (hereinafter "Lot 3"); and <br /> <br /> WHEREAS, Richard and Wendi Jarson (hereinafter "Jarsons") the <br />fee owners of Lot 3, have requested the City to vacate a portion <br />of its drainage easement on said Lot 3; and <br /> <br /> WHEREAS, the City finds that there definitely is a need for <br />the drainage easement on Lot 3 or a satisfactory alternative in <br />lieu thereof must be established; and <br /> <br /> WHEREAS, the City finds that none of the alternatives <br />available provide as good of flood free safety for the residential <br />home as there would be had the home not been built on the City's <br />easement; and <br /> <br /> WHEREAS, as an alternative to maintaining the City's easement <br />over Lot 3, mhe City Engineer has proposed three alternatives to <br />the drainage problem created by the construction of the house on <br />Lot 3. <br /> <br />NOW, THEREFORE, be it resolved by the Ramsey City Council as <br />follows: <br /> <br /> 1. That the City hereby vacates its drainage easement over <br />Lot 3, Block 5, ~nispering Pines Estates, contingent on paragraphs <br />2b and 2c below. <br /> <br /> 2. That the vacating of the easement above described is <br />contingent upon the following: <br /> <br />Jarsons conveying to the City a pe_~-~..anent drainage <br />easement over a portion of Lot 3, which easement is <br />described on the attached Exhibit "A". <br /> <br />That on the easement described on attached Exhibit <br />"A", the City will cause to be constructed a storm <br />sewer in order to compensate for the loss of the <br />drainage easement on Lot 3. <br /> <br /> <br />