03-20-2003 Planning Commission Meeting

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JOHN E. MAC GIBBON ATTORNEY AT LAW 261 EAST BROADWAY P.O. BOX 999 MONTICELLO,MN 55362 TELEPHONE (763) 295-6667 March 7, 2003 Mr-. Charles Marohn Planning and Zoning Department City of Pequot Lakes 31108 Government Drive P.O. Box 361 Pequot Lakes, MN 56472 Dear Mr. Marohn: I will acknowledge the response you have provided to my inquiry to the City of Pequot Lakes dated February 3, 2003 . However, it does not provide for me information that I believe I will need when I seek the services of a contractor to rectify or correct the problem. In my opinion, at least, it is not a prudent situation where the property owner must go to a contractor and ask the contractor what needs to be done to rectify the property and then hire the same person to do the work necessary to rectify the problem. Putting it simply, if you could simply provide for me the situation that makes it necessary to respond to the general problem involving the on- site system on our land, we can get to the business of correcting this . Secondly, your response did not indicate my responsibilities with respect to disseminating the information that you provided in your correspondence and what, if any, action you would expect me to do in contacting the other four fee owners . Your suggestion that you could go to the County Seat at Brainerd, Minnesota and get information as to the ownership of the property seems to me, at least, to be an oversimplification of the process of ascertaining such ownership. You can certainly acquire from the County Recorder copies of any instrument filed with respect to the property, but in my judgment, at least, an opinion as to ownership would require an analysis of these recorded instruments. I would be surprised if the office of the County Attorney would undertake such title analysis wherein an incorrect response or answer would expose the County to civil liability.