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London DC 1100 International Centre 900 Second Avenue South MN 55402-3397 347-7000 FlLK 347-7077 wVlw.fredlaw.com Direct Dial No. (612) 347-7052 1berg@fred1aw.coll1 FREDRIKSON & BYRON, EA. Attorneys and Advisors Mexico VVarsaw Montreal Toronto Vancouver October 30,2001 VIA FACSIMILE AND U. S. MAIL Mr. Thomas Paschke City Planner City of Roseville 2660 Civic Center Drive Roseville, Minnesota 55113 Re: Re-division of property owned by Thomas Willmus at 3040 N. Hamline Avenue Dear Mr. Paschke: Thomas Willmus is the owner of the property at 3040 N. Hamline Avenue, which is legally described as Tract B, Registered Land Survey No. 189 (the "Property"). I have enclosed a copy of Registered Land Survey No. 189 which identifies an easement in favor of Tract B (the "Original Access Easement"). On September 27, 1993, the City Council approved a lot division of the Property (the "1993 Lot Division"). The 1993 Lot Division had the effect of dividing the Property into a "Northerly Lot" and a "Southerly Lot." A copy of the City's action approving the 1993 Lot Division is attached as well as accompanying material showing the boundary between the Northerly Lot and the Southerly Lot. As you will note from the enclosed copy of the City Staffs report on this matter, the Northerly Lot and Southerly Lot were permitted to vary from certain of the City's requirements, including the lot frontage requirement. The inclusion of the Original Access Easement on Registered Land Survey No. 189 was subsequently adjudicated as not serving as a memorial to the certificate of title of the owner of the property upon which the easement was located, and was therefore not sufficient to create constructive notice of the existence of the Original Access Easement against that property owner. Without the Original Access Easement, the Northerly Lot lacks direct access to Hamline Avenue. A recent survey of the Property confirms that the Southerly Lot has approximately thirty five (35) feet of existing Hamline Avenue frontage (which is incorrectly described in the staff report from the City's 1993 Lot Division as being only 23 feet).