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Ms. Mary Kueffner <br />October 15, 1993 <br />Page 2 f <br />to how the subdivision must be accomplished, and which side must <br />pay for it. Attached you will find a copy of an order signed by <br />Judge Maas of the Washington County District Court. The Order lays <br />out a settlement which was agreed to by the Collyards and the <br />Colosimos. Attached to the Order is a copy of the Contract which <br />the Collyards and Colosimos had entered into. <br />In short, the Collyards maintained that a road should be <br />installed from Jane Road North to the presently existing cul-de- <br />sac. The Collyards were of the belief that the road should be paid <br />for by having the Colosimos pay for all of the road except for 246 <br />feet, which would be paid for by the Collyards. The Collyards view <br />the Contract as requiring the Colosimos to also pay for the <br />Maistrovich side of the road. (See paragraph 3(a) of the <br />Contract). <br />The Colosimos viewed the Contract as requiring them only <br />to obtain any subdivision approval from the City. They did not <br />believe it required them to install Isle Avenue North as a through <br />street. Consequently, the Colosimos suggested the option of a cul- <br />de-sac as a way of resolving the dispute. The final settlement <br />agreed to by the parties provided for the construction of a cul-de- <br />sac. <br />C <br />Please understand that the Collyards, to this day, would <br />still prefer that Isle Avenue North be constructed as a through <br />street. They have been ready, willing, and able to pay for their <br />percentage of the construction costs as per the Contract they have <br />had with the Colosimos. However, the Colosimos did not wish to pay <br />for the remaining costs of the road. Consequently, the Colosimos <br />have been continually trying to find a less expensive method of <br />having this subdivision approved. The sole reason for the "cul-de- <br />sac" settlement was to save money. <br />I have been provided a copy of the transcription of the <br />October 5, 1993 City Council Meeting. As I understand it, <br />Councilperson Dick Johnson expressed certain safety concerns <br />regarding the extension of the cul-de-sac. The. Collyards have <br />shared those concerns. The Collyards believe that a through street <br />provides the greatest safety to all. Additionally, the Collyards <br />believe that the construction of Isle Avenue North as a through <br />street would enhance the value of their property and provide a more <br />convenient access to their property. The Collyards have <br />traditionally accessed their property via the Isle Avenue North <br />easement. They intend on continuing to do so even after the cul- <br />de-sac has been constructed. <br />You may recall that the Collyards and the Colosimos came <br />before the City Council a little over a year ago asking for the f <br />City to approve of the construction of Isle Avenue North as a <br />through street. That proposal envisioned that the costs of <br />