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MEMORANDUM <br />TO: Mayor and Citv Council Members / L <br />FROM: Thomas J. Radio, City Attorne.Y7 <br />RE: Public Easement in Favor of the City of Orono <br />DATE: November 21, 1984 <br />FACTUAL BACKGROUND <br />In May 1984, Mr. and Mrs. Thomas J. Friede, 3215 <br />Crystal Bay Road, Orono, Minnesota were in the process of <br />selling their home at that address. During that process, they <br />were advised by the attorney for the purchaser that the <br />property did not have access to a public street. The <br />purchasers' attorney stated that while the property is located <br />on Crystal Bay Road, this does not constitute access since <br />their research showed that Crystal Bay Road had never been <br />platted and exists simply by virtue of use. Property owners <br />along this stretch of Crystal Bay Road also gain access to the <br />rear of their property across a railroad right of way owned by <br />the Burlington Northern Inc. Only one particular homeowner <br />along Crystal Bay Road, Mr. Peter Cohen, has access to the rear <br />of his property by virtue of a lease with the Burlington <br />Northern Inc. None of the other property owners have any <br />formal arrangement with Burlington Northern Inc. <br />Mr. Judd, attorney for the Friedes, discussed this <br />situation with Burlington Northern Inc., requesting a private <br />easement for the benefit of Mr. and Mrs. Friede. Burlington <br />Northern advised him that they would not grant private <br />easements but would be willing to consider a public easement to <br />the City of Orono and to the City of Minnetonka Beach. Their <br />discussions concerned an easement benefiting either the <br />properties located at 3205 and 3215 Crystal Bay Road or for the <br />benefit of all property owners along Crystal Bay Road extending <br />700 feet to Mr. Cohen's property. <br />Mr. Judd then contacted John Gerhardson, and Mr. <br />Gerhardson advised Mr. Judd that it was the staff's opinion <br />that the City would be willing to attain the easement on the <br />condition that there be no expense to the general public, that <br />all expenses would be borne by the directly benefited property <br />owners, and that the City would not be responsible for the <br />maintenance of the easement. Based upon that understanding, <br />