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CouncJJmombor DoLuca introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #89-07-156 <br /> <br />RESOLU¥1©N VACATING THE CITY'S DRAINAGE EASEMENT OVER LOT 3, BLOCK 5, <br />WHISPERING PINES ESTATES <br /> <br /> WIIEREAS, the City has an easement for drainage purposes over the entire Lot <br />3, Block 5 ol Whi~;pering Pines Estates, which easement was recorded on November 2, 1973 as <br />Anoka Couuly R~,corder's Document #400156; and <br /> <br /> W;IEREAS, said drainage easement did not appear on the Certificate of Survey <br />submitted t~ tho ~i~ity by the builder for a building permit review; and <br /> <br /> ~I-!EREAS, through inadvertence a building permit was issued by the City and a <br />residential dwolli~:g has been constructed on Lot 3, Block 5, Whispering Pines Estates <br />(hereinafter "l_ol,,'~"~'~, and <br /> <br /> WI~EREAS, Richard and Wendi Jarson (hereinafter "Jarsons"), the fee owners <br />of Lot 3, hav~ r¢¢quested the City to vacate a portion of its drainage easement on said Lot 3; and <br /> <br /> WI.IEREAS, the City finds that there definitely is a need for the drainage <br />easement on I_ot :.~ or a satisfactory alternative in lieu thereof must be established; and <br /> <br /> W,I.~EREAS, the City finds that none of the alternatives available provide as good <br />of flood free .",ufcty for the residential home as there would be had the home not been built on the <br />City's eas~;rr, r;n? aud <br /> <br /> WEEREAS, as an alternative to maintaining the City's easement over Lot 3, the <br />City Engino~r tins proposed three alternatives to the drainage problem created by the <br />construction of ff~r; house on Lot 3. <br /> <br />NOW THEI{EFOP, E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, AN(')K/[ COUNTY, STATE OF MINNESOTA, as follows: <br /> <br /> ) That the City hereby vacates its drainage easement over Lot 3, Block 5, <br />Whisperin!~ fhu~;~ ~istates, contingent on paragraphs 2b and 2c below. <br /> <br />following <br /> <br />That the vacating of the easement above described is contingent upon the <br /> <br />The Jarsons conveying to the City a permanent drainage easement <br />over a portion of Lot 3, which easement is described on the <br />attached Exhibit "A". <br /> <br />b) <br /> <br />That on the easement described on the attached Exhibit "A", the <br />City will cause to be constructed a storm sewer in order to <br />compensate for the loss of the drainage easement on Lot 3. <br /> <br /> <br />