5.1. SR 08-01-2005 - Laserfiche WebLink

Home Browse Search

?/ Stephen H. Munstenteiger Gretchen R. Severin Debra J. Klatt Stephen H. Munstenteiger Law Offices, P.A. Attorneys and Counselors at Law Anoka Professional Building Suite 300 403 Jackson Street Anoka, Minnesota 55303-2372 FAX (763) 421-3817 (763) 421-2300 http://munstenteigerlaw.wld.com June 22, 2005 Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: A & R Land Development Proposal of Subdivision at Meadowvale Road and 225th Avenue Dear Ms. McPherson: We received your notice pertaining to the public hearing on the request by A & R Land Development to divide one parcel into three lots (Meadowvale), Case No. P 05-10." As we understand it, the matter was tabled until the City Council meeting on August 1, 2005. The purpose of this letter is not to object to the development, per se. Rather, we want to point out a potential problem regarding the West boundary of the property, which lies adjacent to our property. The drawing provided by A & R Land Development, showing its preliminary plat, indicates that the property, as described for legal purposes, actually lies to the West of the drainage ditch. My clients have always treated the property that lies West of the ditch as their property. I am sure that you are familiar with the doctrine of the practicql location of boundaries, which must come up fairly often relating to the establishment of a legal right to an area that has been used for 15 years or more. ". In the instant case, we are confident that a Court would enter a Decree vesting title in my clients for all of the A & R parcel that lies West of the ditch. I believe we are talking about a strip of land approximately 25 feet wide.