02-08-95 Council Minutes - Laserfiche WebLink

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MINi1TES CITY COUNCIL FEBRUARY 8, 1995 It was pointed out that the property owners believe that the current roadway through the neighborhood is a public road. Anderson reported that the property owners' abstracts indicate that there is a 25 foot road easement through the area. It appears that the easement originated in 1934, however, there was a loss of documents at that time which results in the confusion over whether or not the easement exists. Anderson also stated that it is the feeling of the neighborhood that due to the maintenance and capital improvements made to the road since 1934, there is an implied acceptance of the road by the City. Fahey asked if the neighbors are willinq to increase the road easement from 25 feet to 30 feet. Anderson reported that the City Administrator has met with the neighbors and has been very supportive of their position and understands the desire to protect the integrity of the neighborhood. Fahey asked how Anderson verified that the 25 foot easement exists. Anderson replied that he has looked at all the abstracts for the various properties involved. Fahey asked how Anderson concluded that the road easement forms a loop. Anderson pointed out that the southern portion of the road is on the State Highway Department right-of-way. It was pointed out that at one time Viking Drive had two outlets to Highway 36. When 36 was reconstructed, MN DOT closed these outlets and provided a new outlet onto County Road B-2. However, the property owners were allowed the continued use of the looped portion of road on the Highway 36 right-of-way. Anderson reported that he has discussed the situation with MN DOT, who has agreed to participate in the improvement of the road, which may be eligible for some sort of State-Aid funding. LaValle pointed out that the access to 777 Viking Drive crosses private property. Anderson replied that the existing roadway follows the easement, and the diaqram before the Council is just a 4