The URL can be used to link to this page

Home My WebLink Abouteasement violation 320 Anchor Bank Building 1055 East Wayzata Boulevard Wayzata, Minnesota 55391 � TELEPHONE: (952)475-1515 C. SCOTT MASSIE FACSI:�iILE: (952)475-0311 E-Mail:csmassie�.aol.com COUNSELOR AT LAW . August 20, 2013 .�, ��f ��%..:. � Mr. and Mrs. Jeff Strandberg 3895 Bayside Road Orono, MN �5356 Re: Easement Issues Dear Mr. and Mrs. Strandberg: I am the attorney for David and Karen Dianis and they have retained me to represent them with respect to violations of the easement that benefits your property. As you know, David and Karen Dianis own the properry located at 3865 Bayside Road, Orono, Minnesota, which abuts Stubbs Bay on Lake Minnetonka. There is an existing easement that benefits your property that provides to you, as owners of 3895 Bayside Road, the existing walking path within the ten foot right-of-way easement over David and Karen Dianis' property that allows only walking access to the lake, and that permits the construction of a dock only within the ten (10) foot easement area that abuts the southeast property line. It has come to the attention of my clients that your use of the easement area has conflicted with the scope of the easement that was granted. In particular, the following violations have been observed: 1. The dock that you are using parts and other ancillary items, have been stored on the easement area. The easement DOES NOT allow you to store your dock, dock parts and ancillary items (canoes, life jackets, grills etc.) on the easement right-a- way. Furthermore, no tractors, wagons, carts, wheelbarrows etc. are allowed in this walking easement right-a-way. 2. In addition, any maintenance of the easement area must be approved by Mr. and Mrs. Dianis. This means that there should be no trimming of bushes, trees, brush, or any vegetation within the easement area without the consent of my clients. The original easement grants a walking path to the lake. This cannot be expanded without��iolating the specific terms of the easement. Mr. and Mrs. Jeff Strandberg August 20, 2013 Page 2 3. The easement that was granted to tYte owners of your property, which include yourselves, specifically provides for no storage of any items at any time. This would include no storage of items on the dock and/or on the easement area during and after any use of the easement for boating activity or swimming activity. You should also be aware that the easement allows for a dock, but the length and conditions of the dock must conform with all Lake Minnetonka Conservation District and the City of Orono's rules and regulations. Any misuse of the easement results in remedies that could include compensatory damages, punitive damages, nominal damages, injunctions, restitution and imposition of liens. My clients hereby demand that you cease and desist from any activity defined herein that would violate the specific terms of the easement. In addition,my clients are very concerned about the fact that you trimmed trees on their property at the westerly lot line. The trimming of the trees included trimming and/or removing trees that were on my clients' property. This constitutes a trespass, and such trespass would result in damages due from you to my clients. My clients are willing to overlook the past trespasses as long as no further tresp�ss is committed. This letter demands that you cease and desist from using the easement right-of-way in accordance with the concerns expressed above. In addition, no future trespass will be allowed or tolerated. � If you have any questions or coneerns,please feel free to contact me. Si ely, . ott assie CSM� cc: Mr. Greg Nybeck, Lake Minnetonka Conservation District Mr. Andrew McDermott, Orono Representative, Lake Minnetonka Conservation District Ms. Christine Mattson, Planning&Zoning, City of Orono Mr. Don DeBeare, Public Works Supervisor, City of Orono Mr. and Mrs. D�vid Dianis C:\CSM�Dianis\Strandbcrg,Jeff#4(8-20-13).doc , �m.�y�H«,F�o �A pM�,,,,.�.�.�.s..M,�,"vy"�+.�..�-,r�:� � ��t� ��T'��'t�F��L�� a� � '`� � _ . �°�;;., C �catt Nid�s;e, �:�:�. . .� f �055 East`Nayzata Boulevard , _ -y Jt .- 9 ,� -�" _ ' ...� ��d._E3�:'� .:'.�..;.9....} T"'t�'��'�:�:� 2. .....n,.p� � �UItE JZ� �....�. A . �J'�Mw' y�hR4tyrw.�w ...�». V�layzata, MN 55391 �ustice FOREVER � R��,�� AU� 2� � City c.�f Orono Cj�-�, ZGj� 2750 Kel�ey �'arkEvay 4F�R Oro��o, M�! �535�i oNo ATTENTION: Ms. Christine Mattson �.:�:�w,�:M:�;�,=rv:�=�=.�.� !�l�I,j�,1�INl�jil�1�1�1��'III}ii�#��1�i11lj�iifi�t!lj,tj�ii�,i!