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Mayor Brad Van Nest City of Orono 1335 Brown Road South Crystal Bay, Minn. 55323 nnuum MAY 18 1979 CITY OF. ORONO Theodore W. Boer 1392 Baldur Park Road daytata, Minnesota 55391 May 18, 1979 Reference: Pruposed subdivision for Gary P. Peterson of lots 22-29, 3,L-33, and part of 21, Block 1, "Baldur Park". For the benefit of the City Council's deliberations on the proposed subdivision, I respectfully submit certain information for your consideration. In searching the abstract relating to my property (lots 17 & 18, Block 1), I have determined that an easement had been granted to the Village of Orono for purposes of sewer construction and maintenance..This easement was granted only through a portion of lot 18. No other easement for any purpose is recorded through the balanc- of my property. All property beyond lat 18 has had access only by "trespass on sufferance" across lots 17 & 18. This apparently has developed due to the continual erosion of the south-western lakeshore of Baldur Parts-, causing the City of Orono and other property owners to encroach upon lots 17 ty 18. It is implied by the easement granted the Village of Orono through lot 18, that the Village of Orono is obligated to "restore and maintain the surface of the ground to approximately the same condition that existed prior to any -construction". In the six years that I have resided here, I have observed an absolute minimum of surface maintenance and approximately ten feet of lakeshore erosion causing a corresponding encroachment on lots 17 & 18. I wish to protest and do vigorously oppose this creeoing encroaclunent upon my property. My first and only consideration when informed of this proposed development was, what if any adverse affect the access would have on my property. Unfortunately, I was not privy to the developer's plans for the additional traffic that would be generated, contributing to the continuing degeneration of the access road and possible additional encroachment upon my property. As ir: developed, I have since been put to a great deal of time and trouble to determine the affect, access to this development, may have on the status of my property. I am concerned by certain information that has been brought *_o my attention:- Apparently the majority of the lots in this proposed development have been tax delinquent since 1973, with forfeiture imminent. Ownership appears to reside in Can -Am holdings, Inc., and Richfield Bank u Trust Co. Question? - Has the deprivation of revenue on these lands fro+a the City of Orono and the County of Hennepin placed an additional financial burden on neighboring taxpayers these past six years? Corporations and Banks hardly seem qualified to plead for hardship relief from tax obligations. Is this proposal an exercize in speculative development that will eventually create hardship and additional financial burden on the neighboring property owners? In recent history the outlying properties neither required nor sought easement across my property. Access has developed purely through encroachnent due to lakeshore erusion. May I request that the Council address the question of access,to lakeshore reclamation for purposes of road -bed development to preclude encroachment on lots 17 b 18; with the total burden of financial obligations to be assessed against the developer if this proposed subdivision be approved. Yours truly,