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<br /> <br />November 5, 1993 <br /> <br />Roger Jensen <br />Peterson, Bell, Converse and Jensen <br />3000 Lincoln Centre <br />333 South Seventh Street <br />Minneapolis, MN 55402 <br /> <br />RE: VACATION OF UTILITY EASEMENT LOCATED IN PALISADE APARTMENTS <br /> <br />Dear Roger: <br /> <br />Enclosed is a map showing an existing sanitary sewer main <br />outlined in red and a City utility easement colored in yellow. <br />The Palisade Apartment complex is presently applying for <br />refinancing. A survey discovered that'the building at 550 <br />Sandhurst Avenue encroached on the City easement. That portion <br />of the encroachment is colored in blue. <br /> <br />Due to the encroachment in the easement, Palisade Apartment <br />representatives have requested a vacation of easement to clear <br />any cloud that might appear on the title. <br /> <br />The engineering staff has concerns with the encroachment due to <br />the closeness of the building to the sanitary sewer main and the <br />depth of the main. It is our feeling that, if the city needed to <br />replace or repair the line at this location, there will be an <br />additional expense to protect the building from any damage due to <br />the excavation. <br /> <br />Please investigate the possibility of including language or <br />guaranties by the present or future owners of Palisade Apartments <br />to pay for any additional expense required to protect the <br />footings and wall of the building at 550 Sandhurst Drive if the <br />easement is vacated. <br /> <br />The owners have started the procedure required for vacation of <br />easement by both the Planning Commission and City Council. Staff <br />has delayed any proceedings until the appropriate conditions or <br />guaranties have been secured. <br /> <br />2660 CIVIC CENTER DRIVE. ROSE\lLLE. MINNESOTA· 55113-1899 <br />612-490-2200 · FAX 612-490-2270 <br />