HomeMy WebLinkAboutRe street vacation I,AW OI�'I'ICI•:S
MESHBESHER 8L SPENCE, LTD.
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iLONALll I.MESI IBESHER RANDALL(3.SPP]NCE
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.�AMLS�i.ci�'sFrzT MINNETONKA,MINNESOTA 55305 �>ANtt:�,c.c�iritriFRo
JOHN P.CLIFFORD KATIfI.NINE S.FIAM
DENNIS R.JOHNSON I'AMI?LA R.F INNEY
.IACK NORDBY (612)476-9941 .II?FE�RF.Y P.UISTAll
YAUL W.BEHGSTROM FAX �612)476-9937 I)ANII;L P;.MESHBESHER
PATRICK K.HORAN ANTHONY J.NFMO
DANIF.L.I.BONIN REPLY TO MINNETONKA OFFICE JEI�I�RLY A.OLSON
MICHAEL C.SNYllER COLLEEN M.CHRISTIANSON
JAMES A.WELLNER RUSSF.LI,M.�MICK)SPENCE,JR.
JOHN P.SHEEHY'
April 6 , 1994
�C��:�NE�
Ms . Jear.ne A. Mab��:sth
APR 7 1994
Building & Zoning Administrator ��Q�
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re : Richard J. Johnson
1304 Elmwood Road
Mound, MN 55364
Dear Ms . Mabusth:
This law firm has just been retained by Richard Johnson in
regard to the street vacation and easement problem that he has been
working with the City on for over six years . I have had an
opportunity to review all the prior correspondence, the proposed
easements, and City memoranda relating to it . I am also aware that
eight of the adjacent homeowners have been granted street vacations
by the City pursuant to petitions that were initially coordinated
and filed by Mr. Johnson.
For some reason, now, the City is holding up granting the
�acation to Mr. �ohnscn, based ��Iely cn sorne additional ca5en�ent
rights on the back of his property.
This situation has been very frustrating and expensive for my
client and he would like to resolve it in the immediate future with
the City on a mutually satisfactory basis .
In an order to resolve this, my client is willing to execute
an easement or ingress and egress over a portion of this property
that was previously vacated by the Village of Orono Resolution No .
509 , which was recorded in 1974 . He does not want any easement
rights to go beyond that and has some minor recommended changes on
the easement proposal that was forwarded to him by the City
Attorney.
OFFICES IN MINNEAPOLIS,ST.PAUI.,MINNETONKA,S'C.CLOUD,ROCHESTER
. .A,.,i��e,
MESHBESHER & SPENCE, LTD.
Ms . Mabusth
April 6 , 1994
Page 2
He is not willing to grant any easement rights or other
property rights to the City or the Gordon N. Nelson family. He is
willing to give this easement immediately, without any requests for
consideration or forcing the City to possibly condemn this portion
of the property in exchange for paying him the fair market value .
However, in turn, he must insist that the property that he
wants vacated o. t'�e front cf his let be v�cated and that that be
done immediately.
If this cannot be satisfactorily resolved in the immediate
near term, this settlement proposal will be withdrawn.
I would appreciate it if you would review this request at your
earliest convenience and get back to me to discuss a resolution.
I have some questions as to the way this has been handled up to
date by the City in relation to the adjacent property owner, but we
might not even have to get into those, if we can get it resolved.
Time is of the essence and I will be waiting to hear from you.
Yours truly,
MESHBESHER & SPEN�E, LTD.
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James;j H. ilbert
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cc : Richard J. JOhriSO::
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