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Councilmcmber 5mteberg introduced the following resolution and moved for it adoption:
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<br />RESOLUTION #88.192
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<br /> WH~_,~,t~AS, North Fork Inc. has conveyed to J.P. Homes, Inc. Lot 4, Block 4,
<br />NORTHFOI;~. K; at td
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<br /> WHE RE/kS, the City has an easement for drainage purposes over the North one-half of
<br />said Lot 4; ~md
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<br /> WtlEREAS, said drainage easement does not appear on the Certificate of Survey
<br />submitted to the C'i. ty by the Builder for a building permit review; and
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<br /> WI-tl,;i{EAS, through inadvertence a residential dwelling has been constructed on a
<br />portion of' thc: City's drainage easement; and
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<br /> WHERE/~..S, North Fork has requested the City to vacate a portion of its drainage
<br />easement r~n ~;a~d I x~t 4 and substitute a partial easement on Lot 3, Block 9; and
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<br /> WHI?;REAS, the City finds that there definitely is a need for the drainage easement or a
<br />satisfactory a!l¢rn;~tive in lieu thereof; and
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<br /> WHEREAS, the City finds that none of the alternatives available provide as good of flood
<br />free safety I~,r ~:hc~ residential home as there would be had the home not been built on the City's
<br />easement and plac<~d in a different location on the said Lot 4; and
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<br /> WHERE~S, as an alternative to maintaining the City's easement over Lot 4, the City
<br />Engineer has approved North Fork's plan which will use a swale on the north side of Lot 4
<br />draining said lot with the outlet being a holding pond located on the adjacent Lot 3, Block 4,
<br />NORTHFOR K,
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<br />NOW, ~IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY Ol¢ RAMSEY~ ANOKA COUNTY, STATE OF MINNESOTA, as follows:
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<br />1) That tim ~' '
<br /> .... :,~:y hereby vacates its drainage easement over Lot 4, Block 4, NORTHFORK.
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<br />2) That ti~:~ v~'ming of the easement above described is contingent upon the following:
<br />
<br />ao
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<br />.N(r~ th Fork, Inc. shall convey to the City a permanent drainage easement over Lot
<br />(~!~ I:;,lock 4, NORTHFORK.
<br />
<br /> Homes, Inc. conveying to the City a permanent drainage easement over,
<br />~m(ier and across the following described property, to-wit:
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<br />The East 160' of the North 180' of Lot 3, Block 4, NORTHFORK.
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<br />North Fork shall construct a ponding area with a volume equal to 1.43 acre feet
<br />bcl(~w an elevation of 876.3 on Lot 3, Block 4, NORTHFO~, using maximum
<br />~dc,~e of 4.1.
<br />
<br />{~o[~struction by North Fork, Inc. and/or J. P. Homes, Inc. of a drainage swale on
<br />L¢~t 4, Block 4, NORTHFORK across the Northerly 100' of Lot 4, Block 4,
<br />NORTHFORK, as shown on the attached sketch, including the providing of a
<br />¢':~lve~t under the existing driveway on said Lot 4.
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