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<br /> ti l xFr%A•n•
<br /> r 11i HAND DELIVERED
<br /> c!'KriA•n K• �
<br /> �x
<br /> February 28, 1984
<br /> j MF.yr Eli,%Oar n V;.. Ma;pO r
<br />'?^)L ,. MnnNaporn City Council
<br /> MIr gpm55a0; City of Orono E;'w �.•
<br /> ^' , ,.•,.,. , Orono City Hall
<br /> Box 66 f
<br /> cawonl ;r•tr•..••.• Crystal Day, Minnesota 55323 f • • '
<br /> �a r
<br /> rlerr�.t f lr.pr„ ,
<br /> RE: Vacation of a portion of Brook Streetw�
<br /> na.d r h1•.,n,-,, 1
<br /> Ladies and Gentlemen:
<br /> rrY•,•I• t «I This office represents Scott and Debra McLain in connec-
<br /> tion with the above-captioned street vacation. Y
<br /> JNrx.•y � :p.,.,.r 4 Air ..
<br /> My clie►:ts own Lots I and 2, Block 3, Bayside Addition ,
<br /> to Laku Minnetonka. Hennepin County. These two lots are
<br /> +,•".,,.:., r;.,. developed as a single parcel with a home, garage, and
<br /> 't '�`N`t ^`^ storage building. " '
<br />'" eraf This property was platted on March 1, 1912 by John Bjorhus xl : '
<br /> and Helen W. Djorhus, his wife. According to a copy of
<br /> thep lat, and the relevant portions of the Abstract (co
<br /> ies attached) all of the land underlying Brook Street was
<br /> owned by Mr. and Mrs. B'orhus at the time of platting.
<br /> [crook Street was never developed or opened for public travel ;
<br /> in the area adjacent to the McLain property. The McLainsi�-._
<br /> irk •.
<br /> were not aware that some of the buildings encroached on a
<br /> j { w_ Brook Street until the fall of 1983, when it was discovered t
<br />• �Fx:.
<br /> by Jeff Martineau, a sales associate with Eberhardt Company,
<br /> who discovered the problem while marketing the property.
<br /> x we have attached a survey which indicates an encroachment 3
<br /> by the dwelling of approximately four feet and an encroach-
<br /> y, ment of the garage of approximately 14 f•-et. It appears '
<br /> that a permit to construct a basement for the home was
<br /> I' issued on October 10, 1955, a permit for the <7aracte was h; ,
<br /> r issued on October 13, 1958, and a permit to move a storage .
<br /> <1i shed onto the property was issued on June 30, 1964. i
<br /> P
<br /> The property is clearly unmarketable in its present state.
<br /> The McLains have a purchase agreement for the sale of the
<br /> property which is contingent upon rr+moval of the encroach- ;4 '
<br /> mont. Sincc, movinit the housr and aara+te is not economic-
<br /> �r
<br /> .,, iliy feasible, we have ceduested that a portion of Brook
<br /> •• - � ' .,� t` •a6• -. .:E {._, TSS. .r
<br /> k . iar et
<br />
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