10-13-1997 Council Packet - Laserfiche WebLink

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September 2,1997 GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 I Kevin W. DeVore Attorney at Law Iliff & Associates, P, A, Americana Bank Building 5050 France Avenue South Suite 240 Edina, MN 55410 P^: Brooks/Floyd Matter ‘ Yo«r Letter of August 28 Dear Kevin: I don t believe the City s position regarding your client's interest in the 20 Foot Parcel has changed significantly during the course of the subdivision application review. My staff memo of August 8, 1997 references the 1951 deed from Skarp to Austin and Dye, of which 1 am sure you have a copy since it was in the package of information provided to the Court by Mr. Mitchell. You, your client, and Mr. Mitchell have all during the course of various discussions of the subdivision process, given me the impression that the owners of 960 and 980 claim and intend to prove some type of joint ownership of the 20 Foot Parcel (Parcel B on the application survey) as separate from the former Skarp property which includes Parcels F, G, and I. My reasonable conclusion therefore, is that the intent of both Brooks and Floyd is to establish Parcel B as a separate tax parcel. Further, because the City apparently did not have a subdivision ordinance in effect in 1951 (as evidenced by my review of Orono Township ordinances adopted from 1950 thru 1954), Skarp was likely able to quit claim Parcel B without City approval. And, since that 1951 deed was apparently recorded with the County on December 5, 1962 (based on the notation at the bottom of the second page of the deed). Parcel B is likely to be considered a "Lot of Record" per Orono Zoning Code Section 10.03, Subd. 6 which states that "a Lot of Record is any lot for which a deed or registered land survey has been recorded in the Office of the Register of Deeds or the Registrar of Titles for Hennepin County, Minnesota prior to January 1, 1975 and after approval by the Council if required." My reasonable cr»nrl*ision based on the uiformation noted above, is that for unknown reasons. Parcel 1 Telephone (612) 473-7357 • FAX 473-05)0 r 4^ #