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<br />From: steven D. Gatlin, Public Works Director <br /> <br /> <br />To: steven Sarkozy, city Manager <br /> <br />Re: WILLARD AND LOUISE GROVE, <br />1975 NORTH OXFORD STREET <br /> <br />Date: March 16, 1992 <br /> <br />In a memo to me last week, you asked several questions regarding <br />the Grove matter. I will attempt to answer these as requested. <br /> <br />1. The city has other similar drainage easements covering <br />occupied and developed residential properties. It is <br />impossible to determine how many of these exist. We do not <br />have a complete record of all public easements within the <br />city. We have most records on plat maps, sections maps, or <br />in our easement files. However, the city does not have a <br />complete set of information for all areas. <br /> <br />The Ramsey County surveyor and recorder are the agencies <br />that are required to keep public records of all of these <br />plats and easement documents. None of our records are all <br />inclusive. As a matter of fact, the section maps do not <br />routinely show easements if they have been dedicated as part <br />of the original plat. Our section map for the Grove <br />property did not show the underlining platted drainage <br />easement. <br /> <br />We routinely get three to five requests for similar action <br />annually. We must vacate the easement if it was granted by <br />a plat. If the easement was simply conveyed, a release is <br />adequate. <br /> <br />2. When the city was requested to do so, we routinely vacated <br />similar easements. Easement vacation is a planning process <br />and requires notice to surrounding properties and a public <br />hearing before the planning commission and the city council. <br />The request must be made by the property owner. <br /> <br />Historically, most of the requests have come from the <br />property owners as part of their real estate transaction. <br />Either the attorney for the buyer or seller or a title <br />company has discovered an easement that needs to be vacated <br />or released. We have not routinely vacated easements as a <br />matter of practice. I can't think of any case where the <br />city initiated the easement vacation process. <br />