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Cyr 9a9�q <br />LAW OFFICES OF <br />ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING <br />1835 NORTHWESTERN AVENUE <br />STILLWATER. MINNESOTA 55082 <br />LYLE J. ECKBERG (612) 439.2878 <br />JAMES F. [,AMMER$ FAX (612) 439-2923 <br />ROBERT G. BRIGGS <br />PAUL A. WOLFF <br />MARK J. VIERLING <br />GREGORY G. GALLER <br />KEVIN K. 5HOESERG <br />THOMAS J. WEIDNER October 15, 1993 <br />SUSAN D. OLSON <br />Ms. Mary Kueffner <br />City Administrator <br />City of Lake Elmo <br />3800 Laverne Avenue North <br />Lake Elmo, MN 55042 <br />In Re: Collyard/Colosimo Minor Subdivision Request <br />Dear Mary: <br />As you know, this office represents Danny and Gail <br />Collyard with respect to trying to solve the problems associated <br />with the property they own located at 8896 Jane Road North in the <br />City of Lake Elmo. It is my understanding that the Planning <br />Commission has recommended approval of this minor subdivision as <br />submitted, subject to several minor conditions. <br />I also understand that the Lake Elmo City Council <br />addressed the matter on October 5, 1993, but that the issue was <br />tabled until October 19, 1993. 1 would like to address for you the <br />Collyards' position with regard to this proposal. <br />The property in question is currently owned in fee simple <br />title by Danny and Gail Collyard. The Collyards purchased the <br />property from Ron and Grace Colosimo. The Colosimos had originally <br />wished to divide the property into three lots. However, the, <br />Colosimos were told by the City of Lake Elmo that no subdivision <br />would be possible unless Isle Avenue North was improved as a <br />through street to connect up with Gaylen 5pringborn's proposed <br />subdivision to the north of their property. The cost of installing <br />the through street was cost prohibitive. <br />The Collyards entered into the picture because they were <br />looking for a home. The Colosimos had already moved to Arizona <br />along with all of their furnishings and they desired to sell their <br />land. In the Purchase Agreement between the Collyards and the <br />Colosimos, there was an option which would allow the Collyards to <br />purchase either all or only a portion of the land now in question. <br />The Collyards exercised their option so as to buy only a <br />( portion of the land. Pursuant to the Contract between the <br />Collyards and Colosimos, the land would then have to be subdivided. <br />The parties have been in disagreement for the last three years as <br />