2004-10-15 Wetland Restoration
,.
"Also licensed In California
COURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central A venue East
PO Box 369
St Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
counmacarthur@earthlmk net
MIchael C Coun'
Andrew J MacArthur
Robert T Ruppe--
David R Wendoif
Knsten H. Carr
'Also licensed In lIlmots
October 15, 2004
Mr Paul W Fahmng
Peterson, Fram & Bergman, P A
50 FIfth St E, Smte 300
St Paul, MN 55101-1197
Re: City of Albertville; Edina Development Corp. Wetland Restoration.
Dear Mr Fahmng
I have receIved your letter of October 8th requestmg that the a representatIve of the
CIty meet WIth the property owners on whose land the wetlands wIll be restored and that
the CIty obtam the property owners' wntten consent before your chent enters the
easements
Pete Carlson, the CIty'S Engmeer has been meetmg WIth most, If not all, of these
resIdents, Please have your chent coordmate on this Issue WIth Pete Carlson As to
obtammg wntten permlSSlOn for the CIty to drrect restoraTIon to occur on ItS own
easements, I WIll not recommend that the CIty seek to obtam such wntten permlSSlOn
Because the easements are dedicated to the CIty, the CIty has the absolute nght to enter
upon the easements and have ItS contractors or agents enter upon the easements to
perform the reparrs Requmng wntten permlSSlOn from the property owners before the
CIty exerCIses ItS nghts to those easements may act to comprormse the CIty'S eXIstmg
nght m the easement
As noted m my pnor letter, If any property owner refuses to let your chent or ItS
contractor on the easement area to perform the restoraTIon, please let me know and the
CIty wIll deal WIth that event as a property nghts Issue between the CIty and the property
owner WhIle this may cause your chent to mcur addiTIonal expense If the property
owner refuses entry, the CIty sees this as a product of your chent's own makIng smce It
faIled to properly preserve ItS own nghts Via covenants that were a requIrement of ItS
approved wetland rmtlgatlOn plan Thank you
..
Mr Paul W Fahnmg
October 15,2004
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MIchael C Coun
Couri, MacArthur & Ruppe, P.L.L.P.
Cc Larry Kruse
Pete Carlson