5.5. SR 01-11-1999 - Laserfiche WebLink

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. Stephanie Klinzing Mayor of Elk River 13065 Orono Road Elk River, Mn. 55330 Dear Mayor, This letter is written to summarize our experience in the Council Chambers on 12/21/98. I believe that item 6.4 on that Agenda was incorrectly labeled "Vacation of Easement". Is it possible to vacate property which is neither legally owned nor occupied? The developer granted the easement property alleging that ~ was the owner of fee simple title to the easement tract on 9/27/95. In point of fact he was not the owner. We became owners of that tract on August 7, 1995 (See Warrantee Deed of that date). As a matter of fact, he trespassed on our property when he caused a 14 foot ditch to be dug in that erroneous easement. Subsequently a functional drainage was constructed by Big John Construction Co. This work was supervised by City Authorities and was within the legally established six foot easements existing on the adjoirning properties. The specifications for this work were provided by the City Engineer on the basis of a survey conducted by the engineering firm of Oliver and Associates. . There is no cause for the concerns raised by an agitator-alarmist named Droegemueller. This was a nearly mirror image of a tirade he delivered at an earlier date. To hear him, one would be led to believe that there must be a huge hidden geyser in the lot which could flood the area at any given moment. His remarks seem to denigrate the talents and efforts of staff persons who have been diligent in their efforts to clear up this problem, which has needed resolution for too long. Please note there are not even rain gutters on the rear of the house which would channel any rainfall down the hill. It should also be noted that none of the other existing drainage easements on neighboring lots in Heritage # I have been utilized to alleviate any real or imagined flooding concerns. Rather, the time worn ploys of planting bushes and trees, erecting fences and installing sprinkling systems has been used to hinder any use of the easements for their intended purpose. We are again requesting the correction of the recorded easement to clear the cloud on our title, and the removal of any reference to a 20 foot erroneous easement. aIJ derson / :J.-: Terry Maurer, City Engineer Peter Beck, City Attorney Scott Hedicker, City Planner 1/ Pat Klaers, City Administrator . JA"ES D AHDE~SON . ttt611oIlT~C~330