6.16. SR 10-20-1997 - Laserfiche WebLink

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of iver August 4, 1997 Dennis Chuba 10451 175th Avenue NW Elk River MN 55330 Dear Dennis: Over the past year a resident in Heritage Landing 2nd Addition has contacted either Terry Maurer or myself to discuss two issues of concern. One of these issues relates to the drainage ditch along the rear property hne of his lot. Apparently, the property owner has expressed the same concern to you which has prompted submitting a grading plan illustrating the relocation of this existing ditch. Staff doesn't believe the plan is satisfactory because a portion of the ditch would extend outside of the existing drainage and utility easement. Therefore, staff is not approving the grading plan as it has been submitted. The second issue relates to the easement document signed granting the city necessary drainage and utility easements to facilitate correcting the grading error on Heritage Landing 1st Addition. This document was originally signed by yourself as the property owner. I was informed last year by the affected resident that he was the property owner at the time you had executed the easement agreement. Therefore, the 20 foot easement, thought to be in place, now raises the question whether the easement document is vahd. The city attorney has indicated a concern with the document as it exists today and has suggested having the document resigned by the current property owner. This particular issue is of greater importance since the city understood a drainage and utility easement would be granted along the north 20 feet of Heritage Landing 2"d Addition to facilitate the necessary drainage correction. Without the easement in place, obviously the drainage is flowing across private property. This is a matter which needs to be resolved. 13065 Orono Parkway · P.O. Box 490 · Elk River. MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425