11-08-1999 Council Packet - Laserfiche WebLink

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HOESCHLER & BEISEL LLP ATTORNEYS Bradley N. Beisel ((.12) 305-1446 Fax (612) 305-1419 bbciscl®.aoI.com 1400 AT&T Tower 901 Marquene Avenue Minneapolis, MN 55402-2859 November 3,1999 Orono Mayor Gabriel Jabbour Orono City Council Members Charles Kelly, Barbra Peterson, Richard Flint, Bob Sansevere 2750 Kelley Parkway Orono, MN 55356 Re: Rudd & Slaughter Access Matter Our File No.: 6452-98CW Dear Mayor and City Council Members; I represent Mr. & Mrs. Slaughter and the Richard Rudd family in connection with an access question which has arisen on the property they own in the City of Orono and, in the case of the Rudd femily, also on adjacent land in the City of Medina. A copy of an area map showing the properties is enclosed for your reference. I understand that this matter will be on the agenda for the Orono City Council meeting to be held on Monday, November 8. I hope to be at that meeting to answer any questions that any of you may have concerning my client s position with respect to this issue. In the meantime, allow me to give this background information and to summarize my clients’ position. Rudds and Slaughters, together with Fraizer and Hickey, presently access their properties oyer a railroad crossing shown on the enclosed map. Unfortunately, the railroad has taken the position that the right to use this crossing is not permanent, and may be terminated by the railroad for any reason at any time. I am sure you can imagine the concern that this has given rise to and I am sure you can appreciate the adverse effect that this situation has on the value and marketability of the properties in question. While we are actively pursuing our options with the railroad it is not at all clear that we will be able to establish a permanent and irrevocable right to use the railroad crossing. Part of the pending proposal for Mn/DOT improvements to Hwy 12 is to construct a frontage road to the south of the railroad right-of-way connecting Town Line Road to *he Rudd property. The proposal as 1 understand it is that the new frontage road would be the new access road for Rudds, Fraizers, Slaughters and Hickeys. This is an acceptable solutio*" . • the access problem so far as my clients are concerned and they wholeheartedly support it. Mo.s Mn/DOT has offered certain financial assistance in building this service road so long ;'s kl ^ .nstruction takes place at or before the time that the Hwy 12/County Rd. 29 improvements arc undertaken. It is