Laserfiche WebLink
MUNDSON <br />HNSON, PA. <br />217 West James Street <br />P.O. Box 241 <br />Paynesville, Minnesota 56362 <br />320-243-3878 <br />320-243-4956 [Fax] <br />legalsry ,amundsonlaw. com <br />www.amundsonlaw.com <br />Attorneys: <br />Ross M. Amundson <br />David T. Johnson <br />Paralegals: <br />Sheri L. Blonigen <br />Edith K Buermann <br />Debra K. Stanger <br />In the event a compromise cannot be reached regarding these <br />issues, Mr. and Mrs. White are again prepared to initiate a legal <br />proceeding for adverse possession regarding the driveway and <br />deck encroachments, and a claim for a prescriptive or implied <br />easement regarding septic system, water main and gas line <br />encroachments. The legal elements necessary to prove these <br />claims are that Whites or their predecessors in interest occupied <br />the property in an actual, open, continuous, exclusive and hostile <br />manner for 15 years. The facts surrounding these <br />encroachments appear to indicate that Whites will be able to <br />prove these elements. <br />At the very least, a legal proceeding would delay final approval <br />of the re -plat because ownership of a portion of the subject <br />property is legally disputed. I don't expect that the City of <br />Orono Planning Commission would recommend approval of a <br />final re -plat for property with unsettled ownership. <br />3) Drainage and Proximity (Legal Nuisance). The submitted <br />sketch plan indicates that the developer intends to fill the lots to <br />an elevation of 933.5 feet. That is above the White's elevation <br />and could potentially create serious water drainage issues for <br />Whites. (Please see enclosed survey indicating Whites home <br />and garage are at 933 feet. White's lakeside yard is at 932 feet). <br />Building a residence so near White's residence (as the sketch <br />plan indicates) and at an elevation above that of Whites means <br />that water can only run toward White's residence. A home built <br />further away from Whites would allow for a more gradual slope <br />and room to divert water away from Whites. The developer <br />must address how this storm water runoff will not create a legal <br />nuisance for Whites. In addition, building a home so close to <br />Whites will create dust and noise also to the extent of creating a <br />legal nuisance. <br />4) Utilities. Enclosed are two preliminary surveys created for the <br />Barbara Lupient Revocable Trust. You will notice a demarcation <br />for a "G" line servicing White's house which encroaches on the <br />subject property. The Legend of the survey indicates that this is <br />a buried gas line. The survey also indicates that a water main <br />"W" and sanitary sewer lines "S" servicing the White's home <br />encroach onto the subject property. These are some of the <br />encroachments referred to in paragraph 2 above. Mr. Gaffron <br />referred to the septic encroachment in his Memo and suggested <br />that the system be moved, or an easement granted by the owners <br />of the subject property. He did not comment on the gas line <br />encroachment or the water main encroachment and these issues <br />