HomeMy WebLinkAboutre: easement agreement ' ��
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ATTORP!�Y,4T LAW �CY �, 7 1994
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�-- � ��'.'-; �?�'.` ?�':i�.) IVORWEST BANY. BUILUING
Octi�ber 14 , 1994 {� � , 1011 FIRST STREET SOUTH
h10PKINS, AAINNESOTA 55343
(6).2)935-1697
Citv of Orono
ATTN: John Gresh�im
PO Box 66
Crystal Bay, MN 55323-0066
Re : '���~~ t Agr ee men or Driveway and Utility Purposes
1305 Elmwood Avenue
Dear Mr . Gresheim:
�Ir. and Mrs. Carlson, the residents at the above address,
have advised me of ynur request that they indicate a price
for the 15 foot easement for roadway purposes whic�l the City
is seeking. As you know, the Carlsc�ns have raised a number
of issues regarding the maintenance of the roadway , traffic
control and other issues relative to their health and safety
which is parti.cularly sensitive because of the proximity of
the proposed easemer�t to their dwelling. It is the Carlsons '
understanding that the City will riot make any particular
commitments relative to these issues and only asks that they
inc1:'t�ate what their price would be for the requested
nasement.
`I';,.is puts the Carlsons in quite a difficult position because
a rc�adway so cl.ose to their home so greatly effects their
].i��ing and safety that they can only view it as a
�;ubstantial loss t� them well beyond what would normally be
c�1r.�aected far a .roadway easement .
�'�c�cor.d�ngly, �n an eftort to resol�ae this dilemma and at the
sarne time assist the City, the Carlsons would propose �o g�ve
i.l1e Cf ty free of charge a five i'oot easement along the
YJesL-crY� pr.operty line . This might necessitate expanding
the easement requirements by the neighbcr to the West,
how�yer , the distances to improvements an their propert_y are
such that any effect would be remote. At the same time, not
having to pa� the Car�lsons their damages for the presently
propos�d roadway easement shauld more than offset the minor
realignment of the roadway . Even under this alter�r.ate
proposal the roadway represents a real hinderance to the
Carlsons ' property, however, as I anY sure you can appreciate
�;he proximity of the proposed alignment is so close that a
few feet becomes very crucial . It is our sincere hope
that this alte:.^nate suggestion and gift to the City will
resolve the present dilemma.
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� October 14 , 1994
City of Orono cont .
page 2
Even though the present use of the Carlsons ' property for
roadway purposes has created a real hardship and hazard for
them they have been patient in not taking action because of
the hope that the pending discussions would lead to a
solution. Because it appears that no one is willing to take
responsibility for the maintenance of the road or its safe
use the Carlsons find themselves in a position where they
must put some time limit on a resolution. Accordingly, if
their above proposal is not accepted or at least in the
process of serious consideration within the next two weeks
they will be giving notice that anyone coming upon their
property will be considered a trespasser under the Minnesota
Statute making such trespassing a misdemeanor. In addition
to notifying people who have been using this property
without the Carlsons ' permission the property will be posted
and in absence of an ability to have their property
otherwise respected they will block the trespass .
Please give the above proposal your prompt consideration so
this matter may be resolved at an earlier time.
Very tru_ly yours ,
% �
`� ,t `'„�-��f���
� �
Keith E. Simons
KES/lcr
cc : Mr . and Mrs . Charles Carlson
Gordon Nelson
1310 Elmwood Ave .
Orono , MN 55364
Richard Johnson
1304 Elmwood Ave.
Orona , MN 55364