HomeMy WebLinkAbout2001-11-27 Oppidan Email to OPH Re Roadway EasementKris Danielson
From: Keith Ulstad [Keith@oppidan.com]
Sent: Tuesda November 27, 2001 11:03 AM
To: 'kdanie,lson@cit
Subject: Revised Roadwa Easement Memorandum - Oak Park Ponds Shoppin Cen ter
Kris-
Hopefull this answers some of staffs q uestions re: the Bracke
easement. See y ou tommorrowatlO:00am.
Keith Ulstad
-----Ori Messa -
From: Gre Brenn [mailto:
Sent: Tuesda November 27, 2001 10:53 AM
To: 'keith@oppidan.com'
Subject: Revised Roadwa Easement Memorandum - Oak Park Ponds Shoppin
Cen ter
November 26, 2001
Keith:
A s of the sa concernin the roadwa easement on the north side
of
Lot 2, Block 1, Oak Park Ponds Addition, is as follows:
1. Robert Bracke attorne proposed a easement be g ranted via
q uitclaim deed in September. I responded with a re that an
easement be
recorded rather than a q uitclaim deed and that the easement address some
basic q uestions concernin its scope, construction, maintenance and an
additional costs incurred as a result of the easement. I also re
that Bracke contribute to m le costs in draftin the easement and
obtainin the consent of our lender and Flemin The refused and
responded
in October with a proposed easement rather than a q uitclaim deed. The
proposed easement did not address an of the basic q uestions previousl
raised.
2. The main easement issues are as follows:
a. Maintenance and repair costs. Bracke should contribute
since the primar purpose of the easement is to benefit
his lot.
Is b. Scope of the easement. What does roadwa purposes mean?
it limited to customer traffic or can semi-trucks
use the easement?
C. Cit costs resultin from easement. Bracke should be
willin to contribute if easement results in additional cit
assessment for infrastructure costs such as stopli
etc.
d. Location of easement. Surve needs to be certified to
KTJ
Limited Partnership Eleven and a depiction of the
easement area needs to be attached to the document.
I Other issue. Pa of costs to draft and revise the easement
and
obtain lender and Fleming consent.
4. Note that Fleming's approval is not a given here, as the
granting of
the easement may affect their existing expansion rights
to the north.
Greg
Gregory P. Brenny
Morrison Fenske & Sund, P.A.
5125 County Road 101, Suite 102
Minnetonka, Minnesota 55345
952.975.0050 (general)
952.277.0115 (direct dial)
952.975.0058 (facsimile)
email: gbrenny@morrisonfenske.com
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