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i <br />o <br />CV4 <br />Lrl\\fic UfI<T <br />Kniiirdv <br />(nirini M <br />Draw/ <br />A I’loltsviiiii.il <br />Ans<m i.itiiiti <br />2000 First Bank Place West <br />Minneapolis <br />Minnesota 55402 <br />e:ep^one 612-333-0543 <br />0 a.’tn L LeFevere <br />"•e'r.en P teller <br />. "e'nisO Bnen <br />E Drawz <br />Za. c J Kennedy <br />-C'" 5 Dean <br />Z a" E Purdue <br />= :'5'd j Schieffcr <br />Z'a’es L LeFevere <br />-e'ce'i P. teller ill <br />-e“'e, J Strand <br />'.'a',, w Bjorklund <br />.C" J Kressel <br />Ee-e'iJoian <br />L tavorato <br />z'a<r' P Naso <br />.-•'e P Komarek <br />• >1 <br />E D Moran <br />5' a' ~ Rice <br />_:”3 'e S Ciugg <br />.a"*: J Thorr.son. Jr. <br />t:HAND DELIVERED <br />February 28, 1984 <br />Mayor <br />City Council <br />City of Orono <br />Orono City Hall <br />Box 66 <br />Crystal Bay, Minnesota 55323 <br />RE: Vacation of a portion of Brook Street <br />Ladies and Gentlemen: <br />This office represents Scott and Debra McLain in connec­ <br />tion with the above-captioned street vacation. <br />My clients own Lots 1 and 2, Block 3, Bayside Addition <br />to Lake Minnetonka, Hennepin County. These two lots are <br />developed as a single parcel with a home, garage, and <br />storage building. <br />This property was platted on March 1, 1912 by John Bjorhus <br />and Helen W. Bjorhus, his wife. According to a copy of <br />the plat, and the relevant portions of the Abstract (cop­ <br />ies attached) all of the land underlying Brook Street was <br />owned by Mr. and Mrs. Bjorhus at the time of platting. <br />Brook Street was never developed or opened for public travel <br />in the area adjacent to the McLain property. The McLains <br />were not aware that some of the buildings encroached on <br />Brook Street until the fall of 1983, when it was discovered <br />by Jeff Martineau, a sales associate with Eberhardt Company, <br />who discovered the problem while marketing the property. <br />We have attached a survey which indicates an encroachment <br />by the dwelling of approximately four feet and an encroach­ <br />ment of the garage of approximately 14 feet. It appears <br />that a permit to construct a basement for the home was <br />issued on October 10, 1955, a permit for the garage was <br />issued on October 13, 1958, and a permit to move a storage <br />shed onto the property was issued on June 30, 1964. <br />The property is clearly unmarketable in its present state. <br />The McLains have a purchase agreement for the sale of the <br />property which is contingent upon removal of the encroach­ <br />ment. Since moving the house and garage is not economic­ <br />ally feasible, we have requested that a portion of Brook <br />- <br />r <br />i <br />Ma] <br />Cil <br />Pac <br />Feh <br />Str <br />ask <br />sma <br />to <br />We <br />RJS/ <br />Enel