10-13-1982 Council Agenda - Laserfiche WebLink

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Mr. Joseph G. Chlebeck October 5, 1982 Page Two There remain two questions, the first being the interest of the City in spending additional legal time and resources on the obtaining of the balance of the easements, several of whom have indicated substantial resistance to granting the City the easement. The second question is that of the necessity for obtaining Consents to Easement by the various mortgagees who may have interests in the property, which are prior to the City's recorded interest by virtue of the easement. As to the second question, the process would be to communicate by mail with each of the mortgagees involved, explain to them the granting of the easement by the individual property owner, and request that they execute and return to us the Consent to Easement, which would subject their mortgage to the terms of the easement. The potential problem with not obtaining a Consent to Easement on Torrens property, is that in the event of foreclosure by the mortgagee, the mortgagee would take title to the property, which would not be subject to the easement by the City. We are not able to assess the likelihood of foreclosure on any one or more of the properties, nor can we make any present judgments concerning whether the mortgagee, subsequent to a foreclosure, would at that time, grant to the City an easement for the existing drainage ditch. While it has always been our policy, in other municipalities that we represent, to attempt to obtain such consents by mortgagees, sometimes it is impossible and not feasible. It is indeed difficult to make any firm estimate as to the amount of time necessary to secure Consents to Easement, but our experience indicates that many times such requests become misplaced in financial institutions and we find it necessary to do a significant am.,'Int of correspondence to finally accomplish that objective. We would ask that you discuss this matter with the Council, and advise us on what action, if any, you wish us to take. We have been receiving telephone calls from various property owners concerning the location of the Owner's Duplicate Certificates of Title, and we are hesitant to return those Certificates to them until a decision is made as to whether or not we will be obtaining Consents to Easements from the respective mortgagees. We sincerely appreciate your cooperation in this matter, and look forward to hearing from you at your early convenience. Sincerely yours, SWEEI4EY,' 'CONNOR & LEMAY i if; John H.,. LeMay JHL:peg