2004-10-15 Wetland Restoration
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"Also licensed in California
COURI, 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)
courimacarthur@earthlink.net
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
David R. Wendoif
Kristen H. Carr
'Also licensed in Illinois
October 15, 2004
11r. Paul VV.Fahning
Peterson, Fram & Bergman, P.A.
50 Fifth St. E., Suite 300
St. Paul, 11N 55101-1197
Re: City of Albertville; Edina Development Corp. Wetland Restoration.
Dear 11r. Fahning:
I have received your letter of October 8th requesting that the a representative of the
City meet with the property owners on whose land the wetlands will be restored and that
the City obtain the property owners' written consent before your client enters the
easements.
Pete Carlson, the City's Engineer has been meeting with most, if not all, of these
residents, Please have your client coordinate on this issue with Pete Carlson. As to
obtaining written permission for the City to direct restoration to occur on its own
easements, I will not recommend that the City seek to obtain such written permission.
Because the easements are dedicated to the City, the City has the absolute right to enter
upon the easements and have its contractors or agents enter upon the easements to
perform the repairs. Requiring written permission from the property owners before the
City exercises its rights to those easements may act to compromise the City's existing
right in the easement.
As noted in my prior letter, if any property owner refuses to let your client 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 rights issue between the City and the property
owner. VVhile this may cause your clienno incur additional expense if the property
owner refuses entry, the City sees this as a product of your client's own making since it
failed to properly preserve its own rights via covenants that were a requirement of its
approved wetland mitigation plan. Thank you.
l. J ~ .-,(.,
~r. PaulVV.FahrUng
October 15,2004
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~ichael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Larry Kruse
Pete Carlson