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� .. <br /> ARLO H. VAN DE VEGTE, P. A. <br /> ATTORNEV AND COUNSELOR AT LAW 6 1 2 • 4 7 5 - 2 2 1 9 � <br /> of Counsel: <br /> Terence J. McCloskey 1850 W. WAVZATA BOULEVARD <br /> r.o. eox 3� <br /> LONG IAKE, MINNESOTA SS356 <br /> May 7, 1991 <br /> James and Mora Tierney <br /> 3565-6th Avenue North <br /> Long Lake, MN 55356 <br /> RE: My client: Ben and Myrna t�feinnardt <br /> Issue: Easement Encroachment <br /> Dear Mr. and Mrs. Tierney: <br /> As you know, Ben and Myrna Meinhardt have been attempting to <br /> resolve the issue of your encroachment onto the 25-foot roadway <br /> easement with your garage as constructed in 1986. My client' s have <br /> done substantial investigation into this matter at this point and <br /> now have turned the file over to me. Having reviewed the file and <br /> the information contained in it, it is my opinion that you are, <br /> indeed, encroaching upon my client' s property rights. <br /> Records obtained from the City of Orono indicate that they are �in <br /> agreement with this. Furthermore, records obtained from the City <br /> of Orono provided a deceptive sketch when you applied for the <br /> permit in April of 1986. Although prepared by Gordon Coffin, the <br /> sketch does not indicate the location of the mutual easements on my <br /> client' s property or your property. Further, the location of the <br /> driveway as depicted on the sketch is, as you know, incorrect. <br /> Your driveway, as you know, crosses your easterly boundary line and <br /> amounts to an encroachment upon my client' s property. <br /> I am enclosing a copy of the appropriate portinn of tize original <br /> joint declaration of easement dated January 12, 1876. The purpose <br /> of the easement, as disclosed in the document, is for "common <br /> roadway" . Your driveway is not "common roadway" but is for the <br /> exclusive benefit and use of your property. <br /> Given the above circumstances, my clients feel that you are <br /> rendering their title unmarketable by virtue of the encroachments. <br /> This creates cause for them to do something about it and do <br /> something they will. <br /> I am authorized, at this time, to offer to grant the right of <br /> continuing existence of the garage in its present location in <br /> exchange for the removal, at your expense, of your driveway <br /> encroachment upon my clients' property. If you are unwilling to do <br />