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2004-10-06 Authorization to enter easements .. Also licensed In Califorma COURl, MACARTHUR & RUPPE, P.L.L.P. Attorneys at Law 705 Central Avenue East PO Box 369 St MIchael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) counmacarthur@earthlmk net j MIchael C. COUrI* Andrew J MacArthur Robert T. Ruppe** DavId R. Wendorf Kristen H. Carr . Also licensed In ntlnotS October 6, 2004 EdIna Land CorporatIOn AttentIOn RIck LewondowskI 700 Industry Avenue Anoka, MN 55303 Re: City of Albertville; Wetland Restoration in Albertvilla's plats. Dear Mr LewondowskI Our office represents the CIty of AlbertvIlle ThIS letter wIll serve as authonzatIon for EdIna Land CorporatIon to enter onto the CIty'S draInage and utIlIty easements located In the vanous AlbertvIlla's plats to restore wetlands wmch you are oblIgated to mamtaIn or restore m accordance With wetland mItIgatIon plans filed by you WhICh were approved by the CIty and/or the Wnght County SoIl and Water ConservatIon DIStnCt ThIs authonzatIon extends only to those areas over WhICh the CIty has a draInage and utIlIty easement ThIS work IS to be completed wItmn 30 days of the date of tms letter If the work IS not completed wItrun thIS tIme frame, the CIty may declare a default In the applIcable Developer's Agreements for the AlbertvIlla's plats or may Issue a cease and deSIst order The CIty request that you notIfy the owners of the property upon wmch the applIcable draInage and utIlIty easements are located WIthIn a reasonable amount of tIme pnor to your workIng m the respectIve easement areas We also request that yOU coordInate WIth the respectIve owners how spnnkler systems and other Improvements wmch are located In these easements wIll be handled When pnvate spnnkler systems have been removed from easements by CIty personnel, It has been CIty polIcy to cap the spnnkler system at the easement lIne and return all parts to the property owner If any property owner refuses you entry onto the easements or otherwIse objects to your entry, please contact Pete Carlson of SEH, Larry Kruse at CIty Hall, or myself Thank you . , Edma Land CorporatIon October 6, 2004 Page 2 of2 7i1J~~ MIchael C Coun Couri, MacArthur & Ruppe, P.L.L.P. Cc Larry Kruse Pete Carlson Bob Moberg Todd UdVIg Paul W Fahmng ~ SEH October 8, 2004 RE Albertv1l1e, Mmnesota Albert V 1I1as SEH No A-ALBEV0212oo 14 Doug Muyres V Ice PresIdent - Land Development DIrector Edma Development CorporatIon 700 Industry Avenue Anoka, MN 55303 Dear Doug Reference IS made to the wetland mItIgatIOn plan that has been prepared by EG Rud & Sons, Inc that have IdentifIed Wetlands 1M-5M that need to be corrected m vanous locations wlthm the development, as shown on the EG Rud plan After confemng wIth MIke COUl, Albertv1l1e CIty Attorney, and Larry Kruse, AlbertVille CIty AdmInIstrator, we have concurred that the CIty has adequate easements on the subject property to access the area of the easements and to complete the work as planned Therefore, you are hereby notified that Edma Development Corporation has pefffilssIOn to enter the CIty'S dramage easements as shown on the EG Rud plan Please prOVIde me WIth 48 hours notice that work IS commencmg Il S ncdr I Jmw c Larry Kruse, Albertv1l1e CIty AdmInIstrator Mike Coun, Albertv1l1e CIty Attorney Matt Davlch, EG Rud & Sons u \alalbev\021200\corr\l dmuyres 100804 doc Short Elliott Hendrickson Inc, 1200 25th Avenue South PO Box 1717 5t Cloud MN 56302-1717 SEH IS an equal opportUnity employer I wwwsehlnc com I 3202294300 I 800572 0617 I 3202294301 fax 09/22/2004 11 16 F~X SEH ST PAl.JL ~OO1l002 ~ . ~ SEH FAX TRANSMITTAL From B-l1o~r3 o Field Office Date SEH File No Total Pages 'r 122/0'-1 2- (Includng cover sheetl JSURGENT t.arrjl, Kcu.~-e- IUfJer4v"l/~ Fax No ~~ - Y,?/-32,1 ~ Phone AUn Co/Org Fax No Phone. It '/;.e. d, tA ,-/ Attn Co/Org 7~ 3 - 'fq7" 2S9r Attn ColOrg Fax No Phone Subject Remarks uTA:< fT-o~ E.d2~a.. .terlehf~e./l.T: (J;~e CA.! I J4'1e ~ ct~ ~'$ ~ AUn Co/Org Fax No It f/;2rf ~~. f/Q So Phone We are o Sending onglnal by mall (2=>Sendlng by i:AX only o Sending as requesled For your o Information/Records o ActIon ~Revlew and comment o DlstnbL.llton o Approval o Revision and resubmrt1al If transmission was not received properly, please contact the sender at the phone number above We request 8 response from you by tkx. UIT~n e 11{J4 Short Elliott H..ndrlckGon 11'0 , 3536 VadnalG Cenler Drive St Paul, MN 5611061 es SI:H 15 an eQual ;)pportunlty employer I www.ehlnc com I 651 490 2000 I 6CO 325 2055 I 651 49021 5J tax 09/22,2004 11 16 FAX SEH ST PAlJL . OBI)2/20g4 WED 10:52 FAX 7633231245 HI Homebul1ders Ial002l002 ~002/002 . Edina De t 100 Indusby Avenul, Anoka, MN 55303 Pbcno: (763) 323-9086 Pax. (763) 323-1245 Septemb=r 22, 2004 Robert Moberg, P E SEH 3535 Vadnais Center Dnve St. Paul, MN 5511G-Sl96 RE Albert Villas Phase 1 &. 2, Wetland. Mltlg8t1on Dem: Robert, I am wri1ins 10 you in regards to Out meetmg on Monday September 22, 2004 for the wetland mitIgatIon areas for phases 1 &:; 2 in AlbertvIlle. As per all the diSQUSSlons it appears that moving the mitigatlon areas would come with Some resistancel therefore we mIl proceed to make the COtfeCtlons in the origmal areas as depicted on the monltorina xeport. We are proceeding with this work in good f8.1th and Without admitting halnIity n')wand for future OOl'1'eCtlons as we believe it is not our responsIbility to pollee these properties once they 81~ sold. FO\1f om of the five a.rce.s were fined or changed by the homeowners We expect the city will cooperate with us in meeting with the homeowners and explauung the n.ecessrty of the work as promised at our meeting. As we discussed, Edina Development expenenoed slgndicantly more resistance to entenng these prop~l.'ties from the homeowners than you and other CIty representatJ.ves lCponed. We also expect the city \>t4U be W1llmg to enforce any violations by homeowners In the future as we have no legal1'Ights to these propetScs. r would like the city to provide a letter t\; us that will be a&reed upon by the Clty attomey and Paul Fabmng who represents Edina Development 31VU1g us the lepl right to use the c:ttJ.es dramage and. u.tJhty easements to make these corrections and spccif)'ing the correctlons expected. We wW procee<l to schedule tlus work once we reneive written authonzation from the CIty and m COnnect1on WIth meetmg with the homeowners As Wl' alllcnow we arc in a t3J.ny part of the season and the weather and or wet conditIons may prevent us from proceeding As I stated. in our meeting we WCl'e not e-ven able to proceed with the bIke tra:Jl due to wet condttions. We are optm:ustlc that the weather wdl change and these areas will dry up as we ate anxious to complete thIs work and put 1.hxs issue bchmd WJ If you have any questions or would like to discuss this further please feel free to contact me at 763-323- 9086. zz.~ Do~~s VP ~tlons Ce' Lar:ry Kruse Paul Fahning RIck LcwaDdowski U~/'U/'UU~ mu~ ~:UG ~A! IOJJ~Jl,4~ 1M HOmeDUllderS ~ 002/002 , EdIna De t tion 700 Industry Avenue, Anoka, MN 55303 Phone (763) 323-9086 Fax (763)323-1245 September 20, 2004 Mr. Robert L Moberg, PE SEH 3535 Vadnais Center Dnve St Paul. MN 55110-5196 RE: Albert Villas Phase 1 &; 2. Wetland Mitigation Dear Mr. Moberg. I am wrltwg to you in response to your letter dated September 16, 2004 It was my understandmg from our meetllli last Monday that we would be consulenng some possIble alterna.t1ves to the ml'ugation areas, therefore I cUd not proceed to schedule a contractor After we meet today we will schedule a Contractor to proceed WIth the work If COndItIons allow We had to stop construction of the tralllast week due to wet conditions If you would lIke to dISCUSS this further please feel free to call me at 763~323.9086 SIncerely, L2 ~~ Dou~es VP :J6;~ons ~~ Cc: Larry Kruse Mike COl.ll'l Rick Lewandowski ~ SEH September 16,2004 RE AlbertvIlle, MInnesota Albert VIllas Phases 1 & and 2 Wetland MItigatIOn SEH No A-ALBEV0501 00 1400 Mr Doug Muyres Edma Development CorporatIOn 700 Industry A venue Anoka, MN 55303 Dear Mr Muyres At you request, please consIder thIS letter as an authonzatIOn to commence work on wetland restoratIOn and rmtIgatIOn requITed for the subject development Pnor to start of work, you need to subrmt the name of the contractor perforrmng the work and a schedule mdIcatmg when the work wIll be performed Tms mformatIOn IS needed so the CIty can properly notify the affected property owners It IS my understandmg that some of the areas must be staked by your surveyor before work can begm You wIll need to coordmate WIth your surveyor Please call me at 651490 2147 If you have questIOns Smcere1y, !f:!~~ Project Manager nrn c Larry Kruse, City of AlbertVIlle MIke Coun, CIty Attorney x Iaelalbev\050100lwordlmuyres09l604 doc Short Elhott Hendrickson Inc, 3535 Vadnais Center Drive St Paul, MN 55110-5196 SEH IS an equal opportunity employer I wwwsehmc com I 651 490 2000 I 800325 2055 I 651 490 2150 fax