Correspondence - Driveway Easement - 3861 Park Lane - 7/18/2022 DRIVEWAY AND ACCESS EASEMENT AGREEMENT
THIS DRIVEWA ND ACCESS EASEMENT AGREEMENT (the "Agreement") is
made on this/ day o 2022,by and between the City of Spring Park,a Minnesota
municipal corporation, Grantor, and William A. Anderson, an individual, Grantee.
Recitals
A. Grantor is the fee owner of certain property located in Hennepin County, Minnesota and
legally described on Exhibit A attached hereto(the"Property").
B. Grantee is the fee owner of certain real property located at 3877 Park Lane, Spring Park,MN
55384("Grantee's Parcel"), adjacent to the Property.
C. Lying East of Grantee's Parcel is certain real property located at 3861 Park Lane,Spring Park,
MN 55384 (PID No. 17-117-23-33-0022) (the`Brigham Thompson Parcel"), owned by Robert and
Robin Brigham("Brigham and Thompson").
D. Grantor desires to improve both Grantee's and Brigham and Thompson's (each a "Parcel
Owner"or the"Parcel Owners")access to Park Lane and Grantee desires the same.
NOW,THEREFORE,in consideration of the mutual covenants of the parties set forth herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties agree to the terms of this Agreement.
Terms
1. Incorporation. The recitals above and the attached exhibits are incorporated herein and made
part of this Agreement.
2. Grant of Easement. For good and valuable consideration,receipt of which is acknowledged
by Grantor, Grantor grants and conveys to Grantee a perpetual, non-exclusive easement for
DOCSOPEN\SP275\1\804505.v5-7/l/22
driveway and access purposes over and across the portion of the Property legally described on
Exhibit B and depicted on Exhibit C attached hereto (the"Easement Area").
3. Scope of Easement. The perpetual non-exclusive easement for driveway and access
purposes granted herein includes the right of Grantee to enter upon, locate, maintain, and repair a
driveway and access area within the described Easement Area. The Parcel Owners shall be equally
responsible for the cost of ongoing maintenance, repair, related improvements, and all other
actions required to keep the driveway and access area in good repair, provided that if the Parcel
Owner or their respective guests or invitees shall cause damage requiring repair,that Parcel Owner
shall be exclusively responsible for the cost thereof. The Parcel Owners shall be equally
responsible for snow and ice removal, and all other actions necessary for the safe use of the
Easement Area.
The Parcel Owners shall be responsible for the use of the Easement Area by their respective
guests and invitees. Parking shall not be permitted in the Easement Area and neither Parcel
Owner shall obstruct the reasonable use thereof or leave or store personal property thereon. Each
Parcel Owner shall carry liability insurance for claimed losses in the use of the Easement Area
by the respective owners,their guests and invitees and shall hold the other, and Grantor,
harmless from such claims or damages.
If a Parcel Owner or the Parcel Owners convey their respective parcel to a subsequent owner or
owners, that conveying Parcel Owner or Owners shall have no obligations or benefits under this
Agreement once the parcel has been conveyed.
4. Reservation of Grantor's Access to Sanitary Sewer Line. Grantor reserves for itself and any
of its employees,agents,and contractors,all rights to access and conduct all necessary work to inspect,
maintain,repair, and replace the sanitary sewer line and manhole located within the Easement Area.
5. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the
right, title, and capacity to convey to Grantee the easement herein.
6. Recording;Run with the Land; Successors and Assigns. This Agreement shall be recorded
against the Property. All duties and obligations of Grantees under this Agreement shall also be
duties and obligations of Grantor's heirs, successors and assigns. The terms and conditions of this
Agreement shall run with the Property.
7. Effective Date. This Agreement shall be binding and effective as of the date first written
above.
STATE DEED TAX DUE HEREON: NONE
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GRANTOR
CITY OF SPRING PARK
A Minnesota municipal corporation
Jerome P. "Jerry"Rockvam, Mayor
Jamie Hoffinan, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2022,by
Jerome P. "Jerry" Rockvam, the Mayor of the City of Spring Park, a Minnesota municipal
corporation, on behalf of the City as Grantor.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2022,by
Jamie Hoffinan, the City Clerk of the City of Spring Park, a Minnesota municipal corporation, on
behalf of the City as Grantor.
Notary Public
DOCSOPEN\SP275\1\804505.v5-7/1/22
GRANTEE
William A. Anderson
STATE OF MINNESOTA )
• ) ss.
COUNTY OF / )
�Q
This instrument was acknowledged before me this 0' day of , 2022, by
William A. Anderson, an individual, Grantee.
Ru
AMIE K HOFFMAN
N01a PublicState 0tinnesota
My Commission Expires
01/31/2026
Rota
THIS INSTRUMENT DRAFTED BY:
Kennedy& Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
DOCSOPEN\SP275\1\804505.v5-7/1/22
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EXHBIT A
Legal Description of the Property
Lot 29, Togo Park Lake Minnetonka, according to the recorded plat thereof, Hennepin County,
Minnesota.
PID 1711723320031
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EXHIBIT B
Legal Description of Easement Area
A 16 foot wide strip of land over, under, and across Lot 29, TOGO PARK and an alley dedicated
as part of SKARP AND LINDQUISTS HAZELDELL ADDITION TO MINNETONKA lying 8
feet on each side of the following described centerline.
Beginning at the northeast corner of Lot 6, SKARP AND LINDQUISTS HAZELDELL
ADDITION TO MINNETONKA; thence northeasterly on a deflection of 22 degrees to the right
with the east line of said Lot 6, having an assumed bearing of North 00 degrees 56 minutes 20
seconds West, a distance of 55.22 feet to the southwest right of way line of Park Lane (platted as
Togo Park Way) and there terminating.
The sidelines of said strip shall shorten or extend at the north line of Lots 5 and 6, SKARP AND
LINDQUISTS HAZELDELL ADDITION TO MINNETONKA,and at the southwest right of way
line of Park Lane.
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EXHIBIT C
Depiction of the Easement Area
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TNORTHEAST CORNER OF LOT 6 -- -__-
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DESCRIPTION
A 16 foot wide strip of land over,under,and across Lot 29,TOGO PARK and an alley
dedicated as part of SKARP AND LINDQUISTS HAZELDELL ADDITION TO
MINNETONKA lying 8 feet on each side of the following described centerline.
Beginning at the northeast corner of Lot 6,SKARP AND LINDQUISTS HAZELDELL NORTH
ADDITION TO MINNETONKA;thence northeasterly on a deflection of 22 degrees 0 30
to the right with the east line of said Lot 6,having an assumed bearing of North
00 degrees 56 minutes 20 seconds West,a distance of 55.22 feet to the SCALE IN FEET
southwest right of way line of Park Lane(platted as Togo Park Way)and there
terminating. EASEMENT
kThe sidelines of said strip shall shorten or extend at the north line of Lots 5 and 6,
SKARP AND LINDQUISTS HAZELDELL ADDITION TO MINNETONKA,and at the
southwest ri ht of wayline of Park Lane.
DRAWNBV: DJT EASEMENT EXHIBIT
ED BY: '�Sambatek
D BY: MRS CITY OF SPRING PARK1A
06/30/2022 PARK LANE EASEMENT
N: www.sambatek.com
REV DATE: Engineering I Surveying I Planning I Environmental SPRING PARK, M INNESOTA ROJECT NO: 168
DOCSOPEN\SP275\1\804505.v5-7/1/22
Jamie Hoffman
From: Alan Brixius <abrixius@nacplanning.com>
Sent: Thursday, March 10, 2022 9:14 AM
To: Jamie Hoffman
Subject: FW: 3861 Park Lane - Driveway Easement Issue
Jamie, I mistakenly sent this to Jeff Hoffman.
From:jeffhoffman05@gmail.com <jeffhoffman05@gmail.com>
Sent:Wednesday, March 09, 2022 5:15 PM
To:Alan Brixius<abrixius@nacplanning.com>;jhoffman@ci.spring-park.mn.us;jbrimeyer@ci.spring-park.mn.us;
'Tietjen, Mary D.' <mtietjen@kennedy-graven.com>
Subject: RE: 3861 Park Lane - Driveway Easement Issue
I have the following comments.
1. 1 would be in favor of exploring the possibility of reclaiming the park property and re-routing the Park Lane properties
driveways.
a. If these properties fall under prescriptive easement guidelines, and the property owners are not in favor,
then I would not be in favor of pursuing this option.
2. 1 am in favor of restricting access to Park Lane for the Mapleton Ave. property.
Jeff Hoffman
612.720.1397
From:Alan Brixius<abrixius@nacplanning.com>
Sent:Wednesday, March 9, 2022 2:55 PM
To: jhoffman@ci.spring-park.mn.us; ibrimeyer@ci.spring-park.mn.us;Tietjen, Mary D. (mtietien@Kennedy-Graven.com)
<mtietien@kennedy-graven.com>
Subject: FW: 3861 Park Lane- Driveway Easement Issue
The email chain below outlines an unusual situation. The attached map shows that
Park Lane curving to the north around the park. However, the Hennepin County shows
an unimproved street right-of-way extending west from Park Lane. This current layout
has lots at 3861 and 3877 Park Lane without frontage on an improved
street. According to the emails below these two lots contain single family homes that
gain access via a shared private driveway that crosses city parkland to access Park
Lane.
The lot a 3893 Mapleton Avenue, (outlined in blue on the attachment) has started to
use the aforementioned private drive to gain access to their lot although their lot has
frontage on Mapleton Avenue.
In review of the complaint below and the current street and lot layouts I offer the
following comments:
1 . The City has allowed the for the construction of homes on lots 3861 and 3877
Park Lane. Having allow for these homes to be construction without the direct
access to an improved public street, the current shared private drive appears to
be an appropriate access solution without having to construct an extension of
Park Lane. According to the emails below this driveway access has existed for
years. I have not seen any formal easement language allowing the private drive
to cross the city property (street right-of-way or park), however, the house at
3877 Park Lane was built in 1930 and the home at 3861 Park Lane was built in
1955, the age of these homes and historic use of the private drive may give
these properties prescriptive easement for the continued use of this
driveway. We must have Mary, give us an opinion on this issue.
2. The right of access in 1 above, is not available to the home at 3893 Mapleton
Avenue for the following reasons.
a. The lot has direct lot access from and improved Mapleton Avenue.
b. To access Park Lane, this lot must traverse unimproved City street right-of-
way to get to the private share drive. This is trespassing on to City property
for private use, which is not allowed.
c. The lot at 3893 Mapleton has no right to make alterations to the City's
unimproved right-of-way (clearing of vegetation, grading or the establishing
a private travel path). This is not their property and they have no right of
use.
Cl. The 3893 Mapleton Avenue lot cannot trespass onto private property to
gain access to Park Lane.
I do not believe that the historic use of the private driveway over the City right-of-way
or parkland to gain access to Park Lane by lots 3861 and 3877 Park Lane should be
disrupted. However, the City may prohibit 3893 Mapleton Avenue from using the
unimproved City street right-of-way or parkland to access Park Lane. The City may
construct a barrier to prevent this lot from using the City right-of-way for private use.
Please give me your thoughts on this matter.
From: Robin Brigham<robin.brigham@gmail.com>
Sent:Wednesday, March 09, 2022 7:44 AM
To:Jamie Hoffman <jkhoffman@ci.spring-park.mn.us>; Alan Brixius<abrixius@nacplanning.com>
Cc: Robert Thompson <robert.h.thompson.88@gmail.com>
Subject: Re: 3861 Park Lane- Driveway Easement Issue
Hi Al,
We were directed to you by Mark Chase. I would like to talk to you about an issue my husband and I are encountering
with our shared driveway at 3861 Park Lane.
2
Blow is an email thread we have going with Jamie Hoffman, the Spring Park City Clerk detailing our issue with the
driveway. We are becoming concerned about the continued encroachment from the tenants at 3893 Mapleton
Ave Spring Park, MN 55384. We have a survey document for Bill Anderson's property that shows a driveway
easement for our lot#5 that ends at the park, as shown on the Certificate of Title No. 1227274. Historical aerial
images show that the property 3861 Park Lane has been using the access for the past two decades. Can you
please provide documentation that verifies our ability to use this access road as a nonconforming driveway
(based off historical use) or verify the easement continues through the park.
We spoke with the police on this matter and they have directed us to complete a survey for our property, as
well as obtain clarification from the City of Spring Park regarding which properties are entitled to use this
access road.
Please note, we have reached out to a survey company to get on their schedule. In addition, we are in the
process of refinancing our home and the issue of this driveway access has been raised. We are hoping that
you will be able to help us resolve the issue soon so we can move forward with our refinancing as quickly as possible.
Feel free to reach out to us via phone or email.
Robin Brigham
(952) 500-3345
Robert Thomposn
(763)458-3209
Thank you,
Robin Brigham and Robert Thompson
---------- Forwarded message---------
From: Robin Brigham<robin.brigham@Rmail.com>
Date:Tue, Mar 8, 2022 at 6:20 PM
Subject: Re: 3861 Park Lane- Driveway Easement Issue
To: Robert Thomposn<robe rt.h.thompson.88@gmaiLcom>,Jamie Hoffman<ikhoffman@ci.spring-park.mn.us>
Hi Jamie and Al,
After Robert sent you the above email, I returned home to discover that the tenant's nextdoor had spray painted the
road (park property) at the end of the access road to our and Bill's property. I have attached these photos here. I realize
that it is only snow that they spray painted but this is park property,and it is disruptive, disrespectful, and
unacceptable.
We have reached out to the Orono Police again because we viewed that action as vandalism to the park. However since
it is just snow, they were not too concerned and they have directed us to the City of Spring Park.We need to
determine who is allowed to use that access and who is allowed to give access to use the driveway.
Thank you,
Robin Brigham
On Tue, Mar 8, 2022 at 4:47 PM Robert Thomposn<robert.h.thompson.88@gmail.com>wrote:
Hi Jamie,
3
I hope you had a great vacation.
Newest development here with the driveway situation,the tenants 3893 Mapleton Ave are now using our
driveway as the bus stop location for their child. I'm very concerned about their encroachment of our property
as Bill and I do share a corner of the driveway before it reaches the park property. Robin again tried
discussing the issue with the tenants today and they are not willing to use their own access as the property
owner is not returning our calls.
We are looking forward to hearing from you.
Thank you,
Robert
On Fri, Mar 4, 2022 at 11:48 AM Robin Brigham<robin.brigham@gmail.com>wrote:
Hi Jamie,
I know you are out of office this week, but I just wanted to shoot over a quick note. I have attached a video and a
photo of the current situation.The tenant next door to Bill has been getting his truck stuck on Bill's driveway when
trying to pull into his yard -which used to be a hedge that he has cleared out.As you can see in the attached video,
this is quite loud and is disturbing the peace of our area. I believe he also crashed into some of the trees when he was
trying to get his vehicle unstuck. I can hear him spinning his tires and revving his truck from inside my house.This is
one of the many reasons we are hoping to resolve the issue with him using the Park Lane access.
I hope you had a nice time away and look forward to connecting upon your return.
Thank you again,
Robin.
IAIMG_6417.MOV
5IMG_6424.JPG
On Fri, Feb 25, 2022 at 1:00 PM Jamie Hoffman<ikhoffman@ci.spring-park.mn.us>wrote:
Thank you Robin!
I will send this to our City Planner and Interim City Administrator for review. I am out next week but will give you an
update when I return.
4
..r— Jamie Hoffman
City Clerk
City of Spring Park
SPRING PARK 4349 Warren Ave
Spring Park, MN 55384
952.999.7491 (Direct)
952.471.9051 (City Hall)
ikhoffman@ci.spring-park.mn.us
www.ci.spring-park.mn.us
City Hall Hours are Monday- Friday 8:00 a.m. -4:30 p.m.
From: Robin Brigham <robin.brigham@gmail.com>
Sent: Friday, February 25, 2022 12:41 PM
To:Jamie Hoffman<ikhoffman@ci.spring-park.mn.us>
Cc: Robert Thompson<robert.h.thompson.88@gmail.com>
Subject: 3861 Park Lane- Driveway Easement Issue
Hi Jamie,
Thank you for your time today. I really appreciate your willingness to look into options and viable solutions for this
issue. I have recapped the main issues from our earlier conversation.
Our Property: PID: 1711723330022
3861 Park Lane
Spring Park, MN 55384
Bill Anderson
PID: 1711723330156
3877 Park La
Spring Park, MN 55384
5
House in Question: (Listed property owner is deceased)
PI D: 1711723330024
3893 Mapleton Ave
Spring Park, MN 55384
As I mentioned, the tenants at 3893 Mapleton Ave, have been using the driveway access off Park Lane
allotted for our property and Bill Anderson's property. Their property access is off Mapleton.
What we are trying to understand is who holds easements or is 'grandfathered in' to use the
driveway/current access?
Who is allowed to give 'permission' to use that access road?
I
Is there a way to stop the tenets from 3893 Mapleton using the driveway and parking in the lawn?
i
My husband Robert, came across the below ordinance in the Spring Park City Code. We thought this might
be a starting point to prohibiting them from using the Park Lane access.
;
I
In addition, I have attached a few photos of what the situation looks like currently. They cut a hole through
the shrubs to access this area. This hedge served visual screening between the two properties. This is the
backside of their property, which borders the park and visually impacts the park and both ours and Bill's
property. It is not the designated access, paved area, or parking stall.
i
I
l
Again, thank you for your time and I look forward to hearing back from you and Allen on
possible solutions.
I
Robin Brigham
952.500.3345
6
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM:
TO: Jim Brimeyer
FROM: Alan Brixius
DATE: April 12, 2022
RE: Park Lane Access Complaint
FILE NO: 175.01
PROPERTY ADDRESS: 3861 and 3877 Park Lane and 3893 Mapleton Avenue
BACKGROUND:
The attached aerial photo shows that Park Lane curves to the north around the park.
However, the Hennepin County Interactive Map shows an unimproved 20 foot wide street
right-of-way extending west from Park Lane. This current layout has lots at 3861 and 3877
Park Lane without frontage on an improved street. These two lots contain single family
homes that gain access via a shared private driveway that crosses a portion of Thor
Thompson Park to access Park Lane.
The lot at 3893 Mapleton Avenue, (outlined in blue on the attachment) has started to use the
aforementioned private drive to gain access to their lot although their lot has frontage on
Mapleton Avenue. This has generated complaints of misuse of the driveway and damage to
the park.
Exhibits:
Exhibit A Aerial Photo
Exhibit B Half Section Map
Analysis:
In review of the complaint and the current street and lot layouts we offer the following
comments:
1. The City has allowed the for the construction of homes on lots 3861 and 3877 Park
Lane. Having allowed these homes to be constructed without the direct access to an
improved public street, a shared private drive appears to be an appropriate access
solution without having to construct an extension of Park Lane. According to emails
from the property owners this driveway access has existed for years. However, it
does not appear that a formal easement allowing the private drive to cross the City
property (street right-of-way or Thor Thompson Park) exists. The house at 3877 Park
Lane was built in 1930 and the home at 3861 Park Lane was built in 1955, the age of
these homes gives some historic reference for the use of the driveway.
If the City, finds the current situation acceptable the City may approve a access
easement over the street right-of-way and parkland for the two lots without frontage
on an improved public street. This would be limited to the two affected property
owners and would also need to contain conditions for the long-term private
maintenance of the private drive.
2. The access outlined in 1 above, is not available to the home at 3893 Mapleton
Avenue for the following reasons.
a. The lot has direct lot access from and improved Mapleton Avenue.
b. To access Park Lane, this lot must traverse unimproved City street right-of-
way to get to the private share drive. This is trespassing on to City property for
private use, which is not allowed.
c. The lot at 3893 Mapleton has no right to make alterations to the City's
unimproved right-of-way (clearing of vegetation, grading or the establishing a
private travel path). This is not their property, and they have no right of use.
d. The 3893 Mapleton Avenue lot cannot trespass onto private property to gain
access to Park Lane.
3. Without a formal easement over the park property, the City may require the affected
properties to seek alternative driveway access options. This may include rerouting
the existing driveway east along the 20-foot unimproved street right-of-way to gain
access to the improved Park Lane. This would remove the private drive through the
park. This would require granting an access easement to 3861 and 3877 Park Lane
allowing a private driveway on public right-of way and the reconstruction of the
driveway.
4. The City may consider vacating the 20 foot wide unimproved street right-of-way
extending between Park Lane and Sunset Drive; if this right-of-way does not serve
any existing or future public purpose. The City Engineer should comment as to
whether this right-of-way contains any utilities or is needed for any future City
2
infrastructure or street improvements. Vacating the right-of way will return the land to
the properties within the subdivision that originally dedicated the right-of-way.
Based on the Section maps, the right-of way was dedicated by either Togo Park Lake
Minnetonka Addition or Sharps and Lindquist's Hazeldell Addition Lake Minnetonka.
If the land was dedicated by Togo Park, the land would become part of Thor
Thompson Park. If the land was dedicated by the Sharps and Lindquist's Hazeldell
Addition the property will go to the lots south of the existing right-of-way. Further
research needs to be done to determine which subdivision would receive the land
within the street right-of-way if vacated.
If the unimproved right-of way is vacated and returned to Togo Park Addition, it will
remain with the City as parkland. To provide access to 3861 and 3877 Park Lane the
City would still need to provide a shared driveway easement to allow these lots to
access Park Lane. The location and design may be dictated by the City.
If the unimproved right-of-way is vacated and returned to the Sharps and Lindquist
lots, the City may condition the vacation on having 3861 and 3877 Park Lane remove
the driveway through the Thor Thompson Park and establish a new share driveway to
Park Lane across their private properties. The creation of a new shared driveway to
Park Lane would require to the affected property owners to establish a private
driveway easement across the private properties and build the new driveway. This
option removes the shared driveway from City property and make the access a
private property matter.
We believe that some access to Park Lane by lots 3861 and 3877 Park Lane must be
provided. This report spells out a number of options that may be considered depending how
the Council wishes to proceed. The City may prohibit 3893 Mapleton Avenue from using the
unimproved City street right-of-way or parkland to access Park Lane. The City may
construct a barrier to prevent this lot from using the City right-of-way for private use.
Conclusion
City Staff requests direction from the City Council as how they wish to proceed in the
address the issues related to access to 3861 and 3877 Park Lane.
Cc. Jamie Hoffman
Mary Tietjen
Mike Nielsen
3
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