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\ FROM FAX NO. :6514648180 Jun. 09 2004 10: 45AM P2 Butts, Sandberg and Schneider, LLP Attorneys at Law 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts'" Jame~ F. Schneider ... David S. Sandberg (Retired) June 9, 2004 Telephone (651) 464-6162 Fax: (651) 464-8180 Mayor Terry Sweeney City of Centerville 1880 Main Street Cenrerville, MN 55038 Re: Petition For Vacation Of Mill Road ExtensionlEighth Street Submitted By Clay Alcock Dear Mayor Sweeney: I represent Teri and Lawrcnce Perron, fee owners of lands lying immediately adjacent to and just westerly of the above-referenced street. Please accept this letter a~ a full and complete written objection to the proposed vacation, which matter comes up for discus~ion this evening. The Perrons object to the proposed vacation for the following reasons: 1. Eighth Street, a.~ shown and located in the plat of Peterson's Addition to Centerville, was dedicated to the public at the time of filing said plat for two reasons: to provide access to Lots I and 2, Block 2, and Lot 13, Block I, and also to provide access to lands lying south of said plat. The lands lying south of said plat now have access from a different direction, but one ofthe original reasons, providing access to the lot~ within the plat, still remains. Mr. Peterson, the pony who originally plaited this land, originally built and lived in the Perron hornestead, and at the time of its construction, situated the garages on the Perron property very close tll the west side of Eighth Street. This was obviously done with the assumption and understanding that Eighth Street would then and always would be a public street, providing ample and proper access to said garage areas, and thus the garages could be placed very close to the west line of Eighth Street. If Eighth Street is vacated, the Perrons will thereafter own and have access to only the westerly 33 feet of the 66-root width, which will not provide them adequate room for their access purposes to their garage area, particularly in such instances where boat or other accessory trailers arc being backed or mlUlcuvcrcd into the garage area. If Eighth Street is vacated, the proper and necessary access to the Perron garages will be limited to an extent not acceptable to the Pcrrons. 2. Eighth Street was originally platted as a public roadway as and for the use of the above-referenced lots in Peterson's Addition to CenterviIle. That original intent and original purpose for which it was established is still true today, !md the road should not be vacated when it is still being used for the purpose for which it was originally intended. .Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association