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Todd R. Iliff* <br />K kvin W. D eV ore <br />A nn M. H ale <br />Iliff <br />& A ssociates , P.A. <br />A ttorneys A t Law <br />September 4, 1997 <br />Phone: 612/922-4647 <br />RFCBVEO 612/922-4788 <br />SEP 8^997 <br />Mr. Mike Gaffron <br />City of Orono <br />2750 Kelley Parkway <br />P.O. Box 66 <br />Cr>'stal Bay, MN 55323 <br />Re: Charles and Joan Floyd <br />Our File No. 1652.9701 <br />Dear Mr. Gaffron: <br />VIA TELECOPIER TRANSMISSION <br />AND FIRST CLASS MAIL <br />I am in receipt of your letter dated September 2, 1997 as well as the letter from the City <br />Attorney, Thomas J. Barrett, Esq., regarding my letter addressed to you dated August 28, 1997. <br />My clients and I are encouraged by the fact that the City apparently recognizes Parcel <br />B as a separate tax parcel and that apparently it was created in 1951 by Henry Skarp. We are <br />also encouraged by the fact that you and Mr. Barrett believe the City will consider the Parcel <br />B a "lot of record". Nonetheless, my clients have some concerns regarding how the City is <br />going to handle the issue of whether Parcel B will in fact be considered a lot of record as of <br />1951. <br />My clients have no intention of being disadvantaged or hindered in any way because <br />of some misguided recording work done by previous owners of Parcel B or by the City back <br />in 1951. It is my client's position that Parcel B should be approved as a separate tax parcel <br />retroactively as of 1951. My clients request the City to give them a definitive determinati./n <br />whether Parcel B will be treated as a separate tax parcel created in 1951 or whether the City <br />intends to apply the Zoning Ordinances that are currently in place. If the City cannot <br />definitively state that Parcel B is a separate tax parcel created in 1951, then there still exists <br />the possibility that Parcel B is a part of the tax parcel that is currently under Subdivision <br />Application. If so, the owners of Parcel B (Charles and Joan Floyd) should have been named <br />as parties to the subdivision proceedings. Moreover, it is uncertain whether any City action <br />is required to find that Parcel B is a lot of record. Is any such action required? <br />If a definitive answer cannot be given by the City to these issues, then I insist that the <br />City postpone making a final determination on the Subdivision Application until such time as <br />the Parcel B issues can be resolved. <br />A mericana Bank Building . 5050 France A venue South , Suite 240. Edina . MN 55410 <br />* Certified by the Real Property Law Section of the Minnesota State Bar Association as a Real Property Law Specialist