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2004-08-17 Cattle in Easement ~ "Also licensed in California 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) couriandmacanhun@poboxcom Michael C. Couri- Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf 'Also licensed in illinois August 17, 2004 VIA FACSIMILE AND U.S. MAIL Mr. Andy L. Bond 5775 Wayzata Boulevard St. Louis Park, MN 55416-1231 Re: City of Albertville; Prairie Run Plat. Dear Mr. Bond: As we discussed on the phone today, Mr. Heuring has placed his cattle within the easement areas which he recently granted to the City. As Mr. Heuring is aware, these areas are needed to install the municipal improvements to the Prairie Run plat, and Mr. Heuring's use of the property to keep cattle is interfering with the City's easement needs. Having delivered the easements to the City, Mr. Heuring may no longer interfere with the City's use of these easements. I am advising the City Engineer to have the City's contractor begin work in the easement areas Wednesday morning, August 18th. Please have Mr. Heuring confine his cattle now to an area that is not contained in the easements he delivered to the City. I expect that there are adequate confinement facilities in and around Mr. Heuring's bam. The City will not be responsible for any losses suffered by Mr. Heuring or his cattle if he fails to confine the cattle and they are subsequently lost or injured as a result of the City's contractor working within the easement area. The City has no desire to see any harm occur to Mr. Heuring's cattle, but the City's contractor is on a very tight construction schedule and must begin as soon as possible. Unfortunately, the City cannot delay the contractor any longer. Please contact me if you have any questions regarding this matter. Thank you.