Letter from Bruce Odlaug 06-21-2012LINDQUIST
L I N D Q U I S T+ V E N N U M Minneapolis • Denver • Sioux Falls
Bruce G. Odlaug
Lindquist & Vennum PLLP
(612) 371 -5792
4200 IDS Center
bodlaug @lindquist.com
80 South Eighth Street
www.lindquist.com
Minneapolis, MINI 55402
Phone: (6 371 -3211
Fax: (612) 371 -3207
June 21, 2012
Kate Aanenson
City of Chanhassen - a
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317 JUN 2 2 ®I
CITY OF CHAAfH,
Re: Klingelhutz Property
Outlot E,_ Mission Hills Addition
Dear Ms. Aanenson:
It has come to our attention concerning the proposed rezoning of the above - captioned property
that a question has arisen regarding the access to and from Outlot E to Highway ,101. I
understand that it was indicated that any access reserved along Highway 101 adjacent to Outlot E
was only for farm use purposes.
While I realize that this access does not involve the proposed rezoning, I cannot let stand in the
discussions or in any documentation somehow indicating that there is not a right to a right -in and
right -out access from Outlot E to Highway 101.
I represented Al Klinbelhutz in connection .:'ith the MnDOT taking relating to Highways 212
and 101. As part of our settlement of the condemnation matter with MnDOT, access was
reserved from Outlot E to Highway 101 in a Trustee's Deed given by the Klingelhutz Trust to
the State of Minnesota dated February 7, 2002. This right of access was an important
consideration in the ultimate settlement with MnDOT.
I have reviewed my letter to MnDOT dated November 5, 2001, outlining our settlement. I
indicate in my letter that Al Klingelhutz and I met with Theresa Burgess, the Chanhassen City
Engineer, and Kate Aanenson, Chanhassen City Planner, to discuss this proposed access point.
They stated that they did not have a problem with right -in and right -out access, but they would
want it located approximately 600 feet north of the freeway intersection so they could maintain
an appropriate distance from the 86th Street intersection. The letter also indicated that we have
checked with Roger Gustafson, the Carver County Engineer, and he indicates that the County
will not have a problem with a right -in and right -out access.
DOCS - #3710624 -v
Kate Aanenson
City of Chanhassen
June 21, 2012
Paue 2
I would ask that you put this letter in the City files relating to Outlot E so that it is clear as to our
position regarding this matter. If you have any questions or need additional information, please
let me know.
Very truly yours,
UNDQUIST & VENNUM PLLP
cc G. Odlaug
BGO /mlo
Cc: Mr. Al Klingelhutz
Mr. Michael Klingelhutz
Mr. Robert Generous
DOCS- #3710624 -v 1