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DORM LAW FIRM, LTD. <br />Wilbur F. Dorn, Jr., Attorney at Law <br />Jody L. Erickson, Certified Paralegal <br />Telephone: 763-783-7000 <br />9380 Central Avenue NE <br />Blaine, MN 55434 <br />Fax: 763-783-5715 <br />December 5, 2014 <br />Mr. Chris Anderson <br />City of Ramsey <br />7550 Sunwood Drive <br />Ramsey, MN 55303 <br />RE: Request of 21St Century Bank — Replat of Outlot F, Brookfield <br />Dear Mr. Anderson: <br />This letter is intended to accompany the re -submission of the above replat, being sent to you by <br />Jason Rud, our surveyor. I understand that Jason has had numerous discussions with you <br />regarding the status of the existing cul-de-sac, particularly in terms of making it a "permanent" <br />cul-de-sac. I have also reviewed the City proceedings regarding John Peterson's recently <br />approved replat of an outlot in Alpine Woods, and have spoken with Mr. Peterson regarding that <br />matter. We are asking the City to consider the following in reviewing our request. <br />1. The reason for creating the temporary cul de sac was because City Code required it. It <br />seems most inequitable for a property owner to be required to wait for perhaps decades to <br />develop what is a perfectly good residential lot because the developer complied with the <br />City's mandate. <br />2. Making the cul de sac "permanent" is totally unnecessary, because from a legal <br />standpoint the easement is already permanent. I have enclosed a copy of the deed that <br />created the easement. While the legal description uses the word "temporary", the deed <br />fails to state any date or condition under which the easement will be terminated. There is <br />no person or entity that has standing to assert that any portion of the easement should be <br />vacated. In addition, it will not be possible to obtain "permanent" easements from the <br />two neighbors. The same situation was present in Alpine Woods and Mr. Peterson was <br />not required to obtain anything from the other two property owners upon whose land the <br />temporary cul de sac line encroaches. The one advantage of the use of the word <br />"Temporary" in the deed, even though the 60 foot ROW was dedicated, is that I do not <br />see any references to setback requirements from the line of a temporary easement, so <br />there could be some flexibility there as long as snow storage can be handled. <br />3. The main reason given for allowing the Alpine Woods replat was the fact that a residence <br />has been constructed in the path of where future Uranium Street would go, making <br />