Re: subdividing - Laserfiche WebLink

Home Browse Search

June 5, 2007 Page 4 Past and Present Use of the Properties. The history of the use of the finro properties and the use of the access easement is simple to state. The Steinhafel Property is and has been for the past 60 years improved with one principal residence and one caretaker residence. Those are the only residences on the Steinhafel Property using the driveway access. Similarly, the Ringer Property is and has been for the past 60 years improved with one principal residence. It is the only residence on the Ringer Property using the driveway access. These were the only residences when the access easement was created, and these are the only residences today. Future Use of the Properties. At present, the Steinhafels desire to maintain the status quo. Their plans could change, but at present, they do not want to see any development take place. They recognize and accept that the owners of the Ringer Property have access to that property over the driveway access easement. However, what the Steinhafels do not want to have happen is to have the owners of the Ringer Property subdivide the property, and attempt to access the subdivided property over the 20 foot wide, or less, driveway access easement described in the 1955 Deed. The access easement was created to serve one residence, and it should remain that way. This situation has been in place for the past 60 years. Subdivision Restricted. With Walter M. Ringer, Jr.'s death earlier this year, the Ringer family may decide to sell the Ringer Property. As part of the sale deliberations, the Ringer family, or a prospective buyer from the Ringer family, may seek approval from the City of Orono to subdivide the Ringer Property. The Ringer Property cannot be subdivided. If subdivision approval were sought, the Steinhafels could immediately act to relocate the access easement to the 20-foot wide strip along the railroad right of way (shown by the blue line on the enclosed survey). A 20-foot wide private way of access to a proposed subdivision having no other access to a public or private road prevents the subdivision from happening. Orono Ordinances, Section 82-256(c) states in part, as follows: