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Mike Gaffron From: Melanie Curtis Sent: Wednesday, November 17, 2010 9:59 AM To: Soren Mattick Cc: Mike Gaffron; Tom Kellogg; Scott Oberaigner; Don Debaere Subject: Right of way question Attachments: elmwoodliftstation_smaller.jpg; admin@ci.orono.mn.us_20101117_095017.pdf; admin@ci.orono.mn.us_20101117_095038.pdf; admin@ci.orono.mn.us_20101117_ 100115.pdf; admin@ci.orono.mn.us_20101117_103122.pdf; admin@ci.orono.mn.us_ 20101117_094917.pdf Soren Attached please find: 1. An aerial photo of the area - highlighted 2. Copies of surveys for each property- highlighted 3. Copy of the old 1/2 section map— highlighted 4. Copy of the new 1/2 section map— highlighted 5. Special Lot Combination agreement for 1169 North Arm 6. Resolution denying variances for the"lake lot" portion of 1169 North Arm 7. Bird's Eye aerial photo- highlighted The attached information relates to the properties at: • 1153 Elmwood Rd (Pete Danakis) which is shown on the maps in RED and • 1169 North Arm Dr(Ryan Alness) which is shown in YELLOW Elmwood Avenue exists, for the most part, on a piece of property owned by the City (via tax forfeit) and not the platted right of way. (I didn't go back any further into the history of why this right of way is only 20-feet wide and why the paved road isn't actually on the right of way.) The paved portion of Elmwood Ave ends at the RED lot. Just north of the RED lot is the City's sewer lift station &/or electrical panel —which appears to be centered in the 20' ROW. The YELLOW lot is fronted on North Arm Drive however the special lot combination agreement combined the YELLOW lake lot to the YELLOW North Arm lot. The access to this property is over Elmwood Avenue &city ROW. This becomes problematic because a piece of the paved portion of Elmwood Avenue appears to be the driveway for the RED property. YELLOW guy has to cross RED guy's property to access his lake lot. I don't see any prohibition of vehicular access to the YELLOW lake lot in the special lot combination agreement but technically, the improved road doesn't reach his lake piece. I do think YELLOW guy drives to the lot and drives on the lot (this causes potential hardcover and erosion issues that I have to deal with eventually as well). I know some of this stuff is clearly between the two property owners but I need to sort through it to get to the City's responsibility or interest in this if there is any outside of the lift station access. YELLOW allegedly has done some title work to determine what his rights are—and no easement regarding #2 below appears. Clearly there are some neighbor dispute issues that we don't need to get involved with other than to offer Mediation Services. What other information should I be looking for? Some of the issues are: 1. Allegedly RED guy is telling YELLOW guy who can and can't access over his driveway/property to get to the YELLOW lake lot. RED guy often parks vehicles in the driveway which block YELLOW's access to the lake lot. I assume this impedes vehicle access and he could get in on foot— but I don't know if YELLOW has a right to vehicle access... a. [Excerpt from YELLOW'S email: "Danakis(RED)told me that he owns the property I have to go across to get to my property. Which is true according to the property lines. According to the property lines he also 1