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. 4. c MEMO TO FILE 4-7-0 I1'1A-O'k (20oN4 — RE: Richard Lossenegger file, 95SAL033 DATE: September 12, 1995 Richard and his wife are considering the re-zoning and sale of an approximately acre parcel lying immediately north and Schur ti- of a right-of-way, which his father,Johan, in 1922 and 1923 gave to Wilma R. Larson, who owns the East Half of the Northeast Quarter of Section 3, immediately west of and adjacent to this three acre parcel. See plat book page 19. The right-of-way given by Quit Claim Deed recorded in Volume 275 of Deeds at Page 415 as Document No. 419235 prohibits the fencing of the right-of-way and requires Mrs. Larson to maintain the right-of-way. However, not fencing the right-of-way, meant that Larsons had to maintain a gate at the entrance to Bergum Road and at the downhill end at the entrance onto their property at all times, so that Lossenegger's cattle would have free access to his lands lying on both sides of the right-of-way. With Richard's permission in the mid-1970's, Mrs. Larson built a fence on both sides of the right-of-way with gates along the sides of the right-of-way at the lower end, so that Richard's cattle could go through the gates and cross the right-of-way to get to the three acre parcel lying northerly of the right-of-way. Those gates are no longer in use, since Richard doesn't keep cattle on the three acres any longer. his proposal is to re-zone the q acres to RII-?l, obtain the appropriate soil test and driveway permits and allow the buyer of the q acre parcel to use the right-of-way along with Mrs. Larson. His question was whether or not he had the right to do so. Since he owns a fee interest in the land subject only to Mrs. Larson's non-exclusive right to use the three rod right-of- way, there is no question that he can let others use that same right-of-way to access the three acre parcel, the same way that he has. I.strongly advised him to not sell the right-of-way property to Mrs. Larson or anyone else.