#10 - Berschens Minor Subdivision and Zoning Map Amendment

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Ms. Sophia Jensen April 29, 2025 Page 6 b. Easement for utility purposes in favor of Northwestern Bell Telephone Company filed September 25, 1973 as Document Number 315811; as affected by Partial Release of Easement filed January 28, 1977 as Document Number 354273; as affected by Definition of Easement filed February 4, 1997 as Document Number 920420. The easement is depicted on the Preliminary Plat and appears to run along 45th St. N., along Parcel C of the Property. The private easement is not required to be depicted on the Final Plat. When a Final Plat is provided, the City should review and determine if the easement interferes with any public utilities dedicated on the Final Plat. I require review of the Final Plat. c. Road easement in favor of the City of Lake Elmo, a Minnesota municipal corporation, filed February 21, 1985 as Document Number 479692. The public easement is depicted on pages 2 and 3 of the Preliminary Plat along 45th St. N. and Julep Ave. N. The public easement will need to be depicted on the Final Plat. I require review of the Final Plat. d. Grant of Permanent Drainage, Utility, Roadway and Conservation Easement in favor of the City of Lake Elmo, a Minnesota municipal corporation, filed January 4, 2005 as Document Number 3490401. The public easement is depicted on page 2 of the Preliminary Plat along 45th St. N. The public easement will need to be depicted on the Final Plat, unless otherwise vacated by the City. I require review of the Final Plat. e. Grant of Permanent Drainage, Utility, Roadway and Conservation Easement in favor of the City of Lake Elmo, a Minnesota municipal corporation, filed January 4, 2005 as Document Number 3490402. The public easement is depicted on page 3 of the Preliminary Plat along 45th St. N. The public easement will need to be depicted on the Final Plat, unless otherwise vacated by the City. I require review of the Final Plat. f. Grant of Permanent Landscaping Easement in favor of the Charlotte’s Grove Community Association, a Minnesota non-profit corporation, filed January 4, 2005 as Document Number 3490404; as affected by Corrective Grant of Permanent Landscaping Easement correcting grantee to Tapestry Community Association, a Minnesota non-profit corporation, filed July 1, 2005 as Document Number 3523596. The easement is depicted along the North perimeter of Parcel C of the Property. The private easement, which includes the rights on ingress and egress, is not required to be depicted on the Final Plat. When a Final Plat is provided, the City should review and determine if the easement interferes with any public utilities dedicated on the Final Plat. I require review of the Final Plat. This letter does not purport to set forth every matter relevant to a determination of whether title to the Property is marketable, and no one should rely upon it for that purpose. The sole purpose of this letter is to identify required signatories to the plat and related issues of interest to the City in connection with platting, as evidenced by the Commitment. This opinion is conditioned upon the issuance of a title policy in the amount of $100,000 in favor of the City of Lake Elmo, insuring the City’s interests as they appear on the plat.