05-12-1982 Council Agenda - Laserfiche WebLink

Home Browse Search

THOMAS M. SWEENEY JAMES J. O'CONNOR JOHN H. LeMAY GEORGE F. BORER SWEENEY, O'CONNOR S. LeMAY PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW (612) 2222541 April 21, 1982 Carley and Associates 500 W. Highway 96 St. Paul, Minnesota 55112 Re: North Payne Avenue Addition Drainage Easements Our File No. 4592 SUITE 350 NORTHERN FEDERAL BUILDING SIXTH AND WABASHA ST. PAUL, MINNESOTA 55102 Dear Mr. Carley: Over the past several months we have been attempting to obtain and file of record, on behalf of the City of Little Canada, drainage easements over most of the lots in the North Payne Avenue Addition. Presently, we have filed of record better than one -half of the easements needed, received promises from an additional eight or so people to deliver their easements to us and have encountered three specifically identifiable problems. These problems are of an engineering nature, and we are therefore requesting that you investigate them and make a recommendation to us and the City Council con- cerning their resolution. Specifically, Robert Jackson, owner of Lot 1, Block 1, which is 3095 Payne Avenue, is taking the position that he will not sign the new five foot easement over the south five feet of his lot unless and until the City is willing to release the drainage and utility easement over and across the north six feet and the west six feet of his property, which easements were originally established at the time the plat was filed. The question, therefore, seems to be, is it necessary that the City retain the drainage and utility easements as established by the plat for Lot 1, Block 1 or should the City commence vacation proceedings concerning that easement. John Mills, owner of Lot 3, Block 2, 2979 Payne Avenue, presently will not sign the easement claiming that the lots to the north and south of him are higher, resulting in ponding occurring in his back yard, which ponding is threatening to damage the few trees he has in that area. Therefore, we ask if you would look into this condition and advise us as appropriate.