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THOMAS L. OWENS <br />attobnby at law <br />1512 PIRST BANK PLACE WEST <br />120 SOUTH SIXTH STREET <br />MINNEAPOLIS. MINNESOTA SS402 <br />(612) 338-2919 <br />VIA MESSENGER <br />November 16, 1989 <br />Hike Gaffron <br />Assistant Planning and Zoning <br />Administrator <br />city of Orono <br />1335 Brown Road South <br />Wayzata, MN 55391 <br />Re: Proposed Plat of "Bayside Ridge" <br />My Client: Robert P. White <br />4245 Bayside Road <br />Dear Mr. Gaffron: <br />My client is in receipt of the City's Notice of a Planning <br />Commission hearing on November 20 to consider John McDowell's <br />application for a lot division and preliminary plat approval. I <br />am writing on Mr. White's behalf to object to these proposals and <br />express his concerns. <br />Mr. White's homestead lies Westerly and Northerly of the <br />proposed plat. The pertinent boundaries of his property are <br />depicted in green on the map enclosed for your reference. The <br />map also shows in red the pertinent boundaries of the larger <br />tract which was owned by Mr. McDowell as recently as mid-1987. <br />Finally, outlined in orange on the map are most of the <br />boundaries of the homestead of Mr. and Mrs. Allan E. Rezabek. <br />The second map enclosed shows, highlighted in yellow, the <br />approximate location of a recorded driveway easement in favor of <br />tih0 Rezabsks• propeirty and running across Mr# White's property# <br />The owners of Tracts A, B and C of Registered Land Survey <br />No. 748 do not have the right to use the existing driveway, and <br />the owners of Tracts B and C have no legal right <br />Bayside Road. By letter dated October 11, 1988, my client and I <br />put these three owners on notice that "your use of the drxveway <br />appears to be unauthorized and without legal basis." The title <br />company which insured access over the White/Rezabek driveway <br />easement has undertaken to establish a legal right of access.