03-27-85 Council Minutes - Laserfiche WebLink

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MINUTES Ci.ty Counc:il P9arch 27, 1985 0'Keef.e Mr. Rocky [dai.te appeared before the Council requesting approval of Property the di.vi.sion of. the 0'Keefe property i.nt o three parcels. Di.vi.sion Mr. Fahey poi.nted out T.hat the Planni.ng Commission r.ecommended approval A~enda of the di.vision subject to drai.nage and uti.l.ity easemenr.s being Item No. 6 provided along lot lines, 'Che PLanni.ng Commission di.d noC require a re~;istered land survey or a devel.oper' s a~;reement, title insurance, garage eLevations. Mr. Waite reported that Che property ~oas originally three par.cels and f:or. tax reasons the 0'Keefe's combined the property i.n the 19~40's. Mr. Sdai.te stated that they are willi.ng to give the easements, but questi.oned the necess:i.ty for a re~istered Land survey. Sdaite pointed out that a survey o~as done of the property in the 1970's. 'f.he Planner reported that the ordinance requi.res that the property k>e platted. klowever, if a regi.ster.ed land survey i.s provided, then the City can forego the platting process. The Cicy Clerk stated that the property is already pl.atted. Mrs. Scalze disagreed ZYI(I StBt(.'C~ that [he property has been combined and now must be replatted. Mr. rahey aslced for the opinion of the City Attorney in this matter.. Fahey al.so asked if the Attorney feLt that a L-i.tle opinion coas necessary. Fahey asked what the Cicy ciid in the case of: Mr. S3rausen recently. The Eng,ineer replied that Mr. I3rausen was creating a new lot Li.ne. This, however, was platted i.n tkie 1800's. The ~ngineer sCated that the descri.pti.on woul.d be the same as the ori.ginal plat. The City Clerk stated that Che City di.d not requi.re a registered land survey of. Mr. F3rausen. Mr. ?~aite s[ated that a registerzd land survey i.s usualLy used when there is a probl.em wi.th a title. The City Attorney stated that the matter can be handled ~ai.th a plat or a regi.stered land survey. The CiCy can aLso waive either of these requirements if i.t choses. The Attorney also stated that the only way that he can determine that the City i.s ~etting an easement it requcsCS i: throu~;h an exami.nat:i.on of title. P9r. Pahey commented t:hat the Ci.ty shouLd have a Citle search Lor the protection of the City to ensure that an easement i.s recordable. Pahey inf:or.med Mr. i~laite that he could provide tiele i.nsurance. Mr. Waite stated Chat a registerect land survey would cost $500 per loc and felt thi.s was a tremendous c.ost to subdi.vide the property. Sdaite again pointed out that the property was surveyePage -4-