Resolution - #89-07-178 - 07/25/1989

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Counc.i [I member Kenneth Peterson introduced the following resolution and mov~,.~ for its adoption: RESOLUTION #89-07-178 WH~E~S, the City has an easement for drainage purposes over the enti~-e Lot 3, Block 5 of Whispering Pines Estates which easement was recorded on November 2, 1973, as Anoka County Recor¢te~'s 0ocument No. 400156; and WHEREAS, said drainage easement did not appear on the Certificate of Survey submitted to the City by the builder for a buildir~9 o~rmi% review; and WHERiEAS, through inadvertence a building permit was issued by the C~ty and a residential dwelling has been constructed on Lot 3, Block 5, W~l[spering Pines Estates (hereinafter "Lot 3"); and K~HEREA~, Richard and Wendi Jarson (hereinafter "Jarsons") the fee owner's of Lot 3, have requested the City to vacate a portion of it~', d~?ai~age easement on said Lot 3; and WHER.EA~, the City finds that there definitely is a need for the drainage easement on Lot 3 or a satisfactory alternative in lieu the~:~o'i7 must be established; and WH.~ R~,A,~,, the City finds that none of the alternatives available provide as good of flood free safety for the residential home ~s thece would be had the home not been built on the City's easeme~'t; WH}~i~,A~,, as an alternative to maintaining the city's easement over' Lob 3, the City Engineer has proposed three alternatives to the drai. n.'~q~ problem created by the construction of the house on Lot 3. ..I.EREFORE be it resolved by the Ramsey City Council as 1. 't'l~at the city hereby vacates its drainage easement over Lot 3, }~(io¢:k 5, Whispering Pines Estates, contingent on paragraphs 2 below~ 2~ ?bat the vacating of the easement above described is contingentlY, t~pon the following: Jarsons conveying to the City a permanent drainage easement over a portion of Lot 3, which easement is described on the attached Exhibit "A". That the Jarsons will permit the amount of $8,000.00 to be specially assessed against Lot 3, Block 5,