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<br />City of Orono <br />Mayor Walsh & Councilmembers <br />April 7, 2020 <br />Page 2 <br /> <br /> <br />of the right of way until it is activated for public use. Further, if the City decides to activate it for <br />public use, it would have to do so under federal and state regulations that provide for <br />accessibility. <br /> <br />The City has recognized this principle on a number of occasions, including when it approved an <br />encroachment agreement at 4051 Highwood Road. There, property owners constructed <br />improvements in the right of way and still provide access to the lakeshore. <br /> <br />Conclusion <br /> <br />The use of the right of way by the Musgjerds is a reasonable request designed to prevent erosion <br />of the slope located within the right of way thereby protecting private property and the public <br />lakeshore. The request is supported by Minnesota law which recognizes an adjoining owner’s <br />rights in the property. The City request is consistent with approval of encroachment agreements <br />for the use of right of way by nearby property owners who have improved their properties <br />without limiting access to the lakeshore. <br /> <br />Accordingly, we respectfully request that the City grant the request of the Mugsjerds. We will <br />work with the City staff to implement the agreement so as to fully preserve the City’s rights to <br />activate the right of way for public use. <br /> <br />Sincerely, <br />/s/ William C. Griffith <br />William C. Griffith, for <br />Larkin Hoffman <br />Direct Dial: 952-896-3290 <br />Direct Fax: 952-842-1729 <br />Email: wgriffith@larkinhoffman.com <br />Enclosure <br />cc: Scott and Melissa Musgjerd (via email only) <br />