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2006-05-16 MN Affidavit of Adam Nafstad STATE OF MINNESOTA DISTRICT COURT COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT Case Type: Other Civil Court File No. C9-05-2481 City of Albertville, Minnesota, Plaintiff, vs. AFFIDAVIT OF ADAM NAFSTAD Edina Development Corporation, Defendant. STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) ADAM NAFSTAD, being fIrst duly sworn and under oath deposes and states, under penalty of peIjury, as follows: 1. This affIant is a professional engineer licensed by the State of Minnesota and employed as a Project Engineer by the engineering fIrm of Bolton & Menk, Inc. ("BMI"). 2. BMI has been retained by the City of Albertville to provide engineering consulting services. This affIant, through his employ with BMI, is currently serving in the capacity of Assistant Engineer for the City of Albertville. 3. In 2003 and 2005, during and after heavy storm events, portions of the plats known as Albert Villas, Albert Villas Second Addition, Albert Villas Third Addition and Albert Villas Fourth Addition (collectively, "Albert Villas Development") experienced flooding of streets and lots. During the 2003 I storm event several homes in one or more of these plats experienced flooding to the inside of the structure. 4. In late 2005, the City Council of the City of Albertville requested that BMI conduct a study of the drainage situation affecting the various Albert Villas plats ("Flood Study"). BMI completed that study and presented it to the Albertville City Council on April 17, 2006. This AffIant assisted in the preparation, analysis and presentation of Flood Study to the Albertville City Council. 5. Upon completion of the Flood Study, it is the professional opinion of BMI that provisions for drainage and flood control in the Albert . Villas Development are insufficient in that they do not meet the City of Albertville ordinance requirements to adequately remove . all natural drainage that accumulates on the Albert Villas Development, nor did they meet the ordinance requirements at the time the individual plats within the Albert Villas Development were approved and fIled. 6. To the best of the AffIant's knowledge, the Flood Study is the fIrst document presented to the Albertville City Council which presented fIndings that the drainage in the Albert Villas Development did not meet the City's ordinance requirements. Dated ;111 ~{ I b ~ 1coG 2 Further Your Affiant Sayeth Not, A/~iiK State of Minnesota ) ) ss. County of Wright ) The foregoing instrument was acknowledged before me this 2006 by Adam Nafstad. I 'tb- lto day of May, ~(l~ ~ Notary Public 3 KATHLEEN BOST NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010