Agenda - Council - 05/28/1985 - Laserfiche WebLink

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I/ I I I I I I I '1 I I I I I I I I I ANN! M BI NI~! ~ WEINBLATT AND NADLER P.A. October 9, 1984 OCT 1~4 ' / City of Ramsey 15153 Nowthen Blvd. N.W. Anoka, MN 55303 Re: Vacation of Drainage Easement Lot 3, Block 4, Menkvelds Country Park To Whom It May Concern: It has recently come to my attention, through my client, Gene and Margaret Kellogg, that they wish to vacate an alleged easement which exists pursuant to Quit Claim Deed dated August 22, 1974, over a portion of Lot 3, Block 4, Menkvelds Country Park, to which they are fee owners pursuant to Warranty Deed dated December 26, 1978 and recorded December 26, 1978 as Document Number 515861. Mr. Kellogg has advised me that he requested said vacation of easement by letter in June of 1978. It is my understanding that a determination was made by Clayton R. Berg, Building Official, that it was not necessary for the Planning and Zoning Commission to take action concerning this issue. Please be advised of the following: The purported existence of this drainage easement was not contained in the legal description of either the Contract for Deed, in which my clients were named vendees, nor in the subsequent Warranty Deed above~ described. Further, it is our contention that the document of conveyance dated August 22, 1974, may not, in and of itself, effectuate the creation of an easement. Thirdly, I have been advised by my clients that there is no drainage on this particular lot. A clay pocket exists, but my clients have not personally observed in the more than seven year period in which they have had an interest in this property, any drainage of water in this area. Therefore, it appears that this purported easement serves no purpose.