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Letter from Attorney Representing 2800 Cty Rd 10 <br />(CVS) property owners (JK&SK MN, LLC) <br />Sherman & .Howu'd L.L.C. <br />Diamr 07, Wendel <br />Direct Dial Number: (303) 299-8362 <br />C -mail: DWcndcl@NSltermanliorverd.cum <br />VIA ELECTRONIC MAIL, <br />Planning Commission <br />c/o Ms. Heidi Heller <br />Planting Associate <br />City of Mounds View <br />2,101 Highway 10 <br />Mounds View, INN 55112 <br />licidi.lieller@ci.inotinds-view.iiiii.us <br />ei.mounds-view.um.us <br />ATTORNEYS & COUNSELORS AT LAW <br />633 SEVENTEENTH STREIiT, SUITE 3000 <br />DENVER, COLORADO 80202 <br />TELLPHONE. (303) 297-2900 <br />FAX: (303) 298-0940 <br />WWW.SHERMANI4IOWARD.COM <br />August 30, 2012 <br />Re: Application by'rires `N More at 2832 County Road 10, Mounds View, Minnesota <br />Ladies and Gentlemen, <br />Reference is made to that certain application for conditional use permit and related documents <br />(the "Development Application") submitted by Naoufe) %ussi and `fires `N More ("TNM") regarding <br />certain approvals to develop and operate a retail tire store and light auto repair business at 2832 County <br />Road 10, Mounds View, Minnesota (Lot I, Block I of Velmcir CVS Addition Plat) (the "TNM Site"). <br />We represent Pe & SK MN, LLC ("JKISK"), the owner of the property located adjacent to the TNM <br />Site, more particularly known as 2800 County Road 10, Mounds View, Minnesota (Lot 2, Block I of <br />Velmeir CVS Addition Plat) and currently operated by CVS Pharmacy (the "CVS Site"). <br />We have reviewed the various Development Application inaterials and submit the following <br />continents for consideration by the Mounds View Planning Commission in its review of these matters: <br />I. Attached are excerpts of the CVS survey prepared in 2005, at the time the CVS Site was <br />acquired by JK/SK, as well an excerpt from the TNM development plan, As you can see from the CVS <br />survey, there is a reciprocal access casement on the CVS Site serving both the CVS Site and the TNM <br />Site --shown cross -hatched in black (page I of the survey excerpt document). A copy of the recorded <br />easement agreement is also enclosed Foryour easy reference. However, the access easement is of limited <br />arca and scope. We do not have an exact distance/length of that easement, but it appears to only extend <br />to a portion of the width of the CVS building, Pursuant to the TNM development plan (page 2 of the <br />survey excerpt document), it appears that'I'NM might intend to use a larger access distance beyond the <br />boundary of the easement. This is mat clear, but to avoid any future problems, JK/SK requests that this <br />be made clear in the developncnt and use of the TNM Site and the access easement by TNM. In <br />reviewing the aerial photographs, there is curbing, but (he curbing doesn't follow the boundary or the <br />casement, making it appear that there is a wirier access area than legally granted. We request that in <br />order to avoid any confusion by patrons of tho TNM Site, upon development, the curbing on the TNM <br />