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4MUNDSON OHNSON, PA. 217 West James Street P.O. Box 241 Paynesville, Minnesota 56362 320-243-3878 320-243-4956 [Fax] legalsrv@amundsonlaw.com www.amundsonlaw.com Attorneys: Ross M. Amundson David T. Johnson Paralegals: Sheri L. Blonigen Edith K. Buermann Debra K. Stanger August 31, 2017 Timothy J. Nolan Attorney at Law, PLLC 4725 Excelsior Blvd. Suite 402 St. Louis Park, MN 55416 RE: Lots 1, 2, and 3 Casco Point Addition, PID 201172320001, 20117232002, and 201172320003 Dear Mr. Nolan: I have reviewed your letter to the City of Orono dated August 4, 2017. That letter was drafted in response to the May 1, 2017 which I drafted to address concerns of Jay and Tera White regarding the Lake West Development project happening on the lot adjacent to the Whites. You seem to dismiss the ability of the Whites to bring a lawsuit because of the 2012 Agreement signed by the Whites, and because adverse possession is not an available remedy on Torrens property. I agree with you that an adverse possession claim is not available to the Whites. (When I wrote the May 1 letter, I did not realize these were Torrens properties). But Whites certainly can bring a Proceeding Subsequent action to determine boundaries. Also, regarding the 2012 agreement signed by the Whites, they certainly did not waive their rights to bring a boundary line action. This waiver did not address encroachments. It only addressed Whites ability to make a claim on the Lupient property for use of dock space, garden, and green space. It doesn't address utility encroachments, or the driveway encroachment and it is not likely that any of the parties even knew of these encroachments when the 2012 agreement was signed. So I disagree with your characterization to the City of Orono that the Whites cannot bring a legal claim to determine the above issue, and the issues relating to the easement. I also disagree with your aggressive statement that these issues are only White's problems, and that by the goodness of the developer they are not requiring the Whites to remove the encroachments. I can assure you that any action to attempt to force the Whites to remove these encroachments would be met with a counterclaim concerning the above-mentioned issues. I expect that if either party initiated a lawsuit, the delays in your client's project would be significant and the fees and costs would be excessive. You indicated in your August 4, 2017 letter that Mr. Frethem has