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� <br /> �— <br /> November 17, 1998 <br /> Mr. Michael P. Gaffron <br /> Senior Planning Coordinator <br /> City of Orono <br /> 2750 Kelly Parkway <br /> P.O. Box 66 <br /> Orono, Minnesota 55323 <br /> Re: Blue Hill-Special Lot Combination <br /> Agreement <br /> Dear Mike; <br /> As you know, we entered into a "Special Lot Com- <br /> bination Agreement" with the City of Orono in March of 1993 as a <br /> part of the subdivision of our property at 1385 Fox Street. The Lot <br /> Combination Agreement related to the use of a lakeshore piece of <br /> ground, south of County Road 15, in conjunction with Lot 1, Block l, <br /> Blue Hill Addition, the main lot, which lies north of County Road 15. <br /> Among other things the agreement provides that the lake piece "shall <br /> be considered accessory to" the main lot, and that the lake piece <br /> "shall not serve as an accessory parking area". <br /> You are correct that there was no documented specific <br /> discussion of this condition at the time of the sub-division, but I <br /> did not know then, and I do not know now the specific definition of <br /> accessory Parking or what it was meant to apply to in this instance. <br /> Accessory to the main piece or Accessory only to the lake piece? <br /> Whatever the intent or validity of the restriction at the time of the <br /> sub-division, we believe the substantial upgrading and widening of <br /> County Road 15 adjacent to this property makes the restriction un- <br /> workable and unrealistic. <br /> As I wrote you on March 18, 1998 "In view of the <br /> (revised) adjoining road (Orono Lane) and thoroughfare (County Road <br /> 15) configurations , access to the outlot must now be mainly if not <br /> entirely by automobile.�� Foot access across County Road 15 from the <br /> main lot is now materially more hazardous. Further, with the widening <br /> and upgrading of County Road 15, we may not access the lake piece <br /> from its frontage on County Road 15, but rather from a roadway piece <br /> created by the extension of Orono Lane, already platted, but not <br /> fully opened at this point in time. <br /> This letter is to voice our concern that we have <br /> reasonable access to and use of the lake piece. It is over 35 foot wide, <br /> on average about 290 foot deep (from the lakeshore to County Road 15), <br /> -1- <br />