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OCT 27 2004 12:19 PM FR HINSHAWCULBERTSONLLP334 8888 TO 1461~7048395~952 P.02 JOHN M. l>IERSON CHRISTOPHER J. PIERSON PIERSON & PIERSON PROFl'\SSIONAL LIMITED LIAlllLITY PARTNllRSl'IIP ATIORNllYS AT LAW 1055 EAST WAYZATA BOULEVARD SUITE 303 WAYZATA. MINNESOTA 55391 October 26, 2004 Mr. Rolfe A. Worden Hinshaw & Culbertson 222 South Ninth Street Suite 3100 Minneapolis, MN 55402 Re: City of Orono TELEPHONE (952) 473-1400 FACSlMILB (952) 473-0969 Johnson & Bryson Big Island Lot Line Rearrangement Lots 3, 4, S, 6, 7, 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) Dear Mr. Worden: As we discussed on the phone a couple weeks ago and again yesterday morning, our finn represents the above.referenced property owners in connection with their proposed lot line rearrangement on Big Island. Since you can't locate a file on the matter in your office, let me review its history and present status. I have enclosed copies of the following: J. City of Orono City Council Resolution No. 4794 (faxed from Paul Weinberger); 2. 3/28/02 Request For Council Action (which contains the record of previous proceedings on the matter); 3. McCombs Frank Roos Associates, Inc. Survey dated 4/17/02. William and Thelma Bryson own Lots 3 and 4, Pleasant View At Lake Minnetonka . .Tames A. R. Johnson owns (but see below) Lots 7 and 8. In 1998 they jointly purchased Lots 5 and 6 located between their parcels, and hold that parcel as tenants in common -½ Brysons, ½ Johnson. Theil' ultimate plan was to rearrange the lot lines such that Brysons would own Lots 3-5 and Mr. Johnson lots 6-8. The plan was consistent with the City of Orono's overall goal of lowering densities on the island. The Planning Commission approved the lot line rearrangement March 15, 1999. However, the City Council tabled the application at its April 12, 1999 meeting. The reason was that the cabin that was on the center parcel would have been too close to the new lot line to comply with the State Fire Code, which required a 3-foot setback. (Please note that the tabling was due to a Fire Code issue on an island where there is virtually no ability to fight fires, and there would be no change on the ground -just movement of a line on a map.) By March of 2002, the Brysons and Mr. Johnson had removed the cabin on the center parcel. The matter went back to the City Council on April 8, 2002 and was passed (I believe unanimously) subject to conditions and preparation of various documents, including title opinions for the properties. I