04-18-1994 Planning Packet - Laserfiche WebLink

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Ms. Jeanne Mabusih March 15. 1994 Page 2 The Hennepin County District Court has now ruled on Mr. Whitman’s Summary Judgment Motion. Specincally. paragraph 3 of the Coiut’s Order provides "that the easement permits the construction and extension of roadway across Tract E. RLS No. 1418. to served subdivided lots within Tract A. RLS No. 1418." In addition, please note that, on page 5 of the Memorandum in support of the Order, the Court outlines the dilemma the Whitman’s find themselves in. noting that the Whitmans had brought this action and moved for Summary Judgment because "the City had refused to consider [their] application without the written consent of [the Lawrences]." Finally, on page 8 of the Memorandum in support of the Order. the Court states: After reviewing the parties’ contentions, the Court concludes that the scope of the particular easement, as contemplated by the express language of the 1976 deed and by the 1978 easement agreement, is without restrictions as to the geographic location of the easement over Tract E. There is no limiting legal description of the easement, nor is there any other limiting definition of the wasement’s location other than the tract of land origmally platted as a roadway and demarcated as Tract E. Accordingly, from the face of the warranty deed and from the 1978 easement agreement, the whole of Tract E is subject to an easement for driveway purposes, access to County Road 6, and for utilities. ConsequenUy, the Court concluded that the Whitmans "may extend the current roadway over Tract E to serve subdivided lots contained in the northern portion of Tract A." Slip. Op. at 12. Now that the Whitmans’ have obtained the judicial interpretation of the easement that we requested in my September 28. 1993 letter, it is unnecessary for you to obtain permission from the Lawrence’s prior to accepting the Conditional Use Permit. Please feel free to contact me if you have anv questions. via P. Staunton enclosures cc: Ronald Moorse TJBarrett *il9/2;0J95l 13/15/94