2004-10-25 Fax - to Al regarding 10301 Karston Ave - Fence10/25/2004 13:13 76349T2�-8
P "-GE 01
Fax Covemheet
bertville Cityof
Albertville
smon Tqwn Lbfft. b c;fv ur.. 5964 Main A,*-enue NE
Y.O. Box 9
Albertville, MN 5.530 i
Building Department
Phone: 763-497-5106
Fax: 763-497-2068 Website: www.ci.albertville"mn.us
To:
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s of I
t1111114 _
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Purpose.
For your information Take appropriate action
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Remarks:
As we discussed
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Reply to sender
10/25/2004 13:13
�`'�Grim
t,enhardt
7634972J2rq9
DRIES & LENHAIWT, P_L.L.:?
ATTORNEYS AND COUNSELORS AT LA W
12725 - 43rd Street NE - Suite 201 - St. Michael, Minnesota 55376
Tel: 763-497-3099 - Fax: 763-497-3639
October 22, 2004
VIA FACSIMILE: 763-497-2068
AND VIA U.S. MAIL
Mr. Jon Sutherland
Building Official
City of Albertville
5975 Main Avenue N.E.
P.O. ,Box 9
Albertville, MN 55301
'Poi SZ
S �'ao
Re: Our Client: Cully and Doreen Cederberg
Property Address: 10301 Karston Avenue, Albertville
Dear Jon:
P aGE 02,
John A. lines
David l , enhardt
GreLZpr%- J V in Her:
.Illllvt PreSSzll
Patr ck w Mid,rnfeld-,
Nathan I Aller
It was nice seeing you during the course of the meeting on Tuesday,
October 19, 2004. Pursuant to your request, I am enclosing a copy of; t document
verifying that the Cederbergs did obtain permission ftom Mr. Roessler to construct
the portion of the fencing at issue which is located on Outlot B. This document
demonstrates that the Pittelkows' claim (made in the letter from David Porter,
dated October 4, 2004 to you) that the Cederbergs erected the fencil ig at issue
without permission from the golf course owner is simply not true. " hould you
have any questions whatsoever regarding this issue of permission, I wol dd suggest
that you contact Mr. Kent Roessler directly at: 763-753-9357.
I have also enclosed a copy of the Settlement Agreement r--ached on
October 13, 2004 between the Cederbergs and the Pittelkows regarding he lawsuit
that the Pittelkows brought against the Cederbergs related to the fenci. ig at issue
here. As you can see, the Pittelkows agreed to dismiss all of their claims in
exchange for the Cederbergs' commitment to simply remove 5 of the fence panels
at issue. This, I would suggest, confirms that the allegations of attoraey Porter
regarding the interference the fencing is causing the Pittelkows are overstated. As
the Settlement Agreement makes obvious, the Pittelkows have no conce -n with the
10/25/2004 13:13 7634972-0,1k8 Pa13E G_i_;
Mr. Jon Sutherland
City of Albertville
October 20, 2004
Page -2-
fencing any longer, and all of their concerns were alleviated by a relat vely minor
alteration of the fencing that the Cederbergs agreed to.
In reviewing my file, I see that the City of Albertville conducted a final
inspection and approved all of the fencing at issue here on June 9, 203. i have
enclosed a copy of that final approval with this correspondence as well.
Lastly, I would note that the claim of Mr. Porter that the fencing at issue on
Outlot 8 is subject to the boundary line fencing ordinance is inappropriate. That
portion of the fencing simply is not a boundary line fence. The fencing on Outlot
B simply does not run along the Cederbergs' property boundary line.
Please feel free to contact me if there is anything finiher I can io to be of
assistance in connection with this matter. Thank you.
Very truly yours,
Patrick W. Michenfelder
PWM Jlp
Enclosures
cc: Mr. Michael Couri, Albertville City Attorney (w/encls.)
Mr. and Mrs. Cully Cederberg (w/o encls.)
10;- 25;` 201�4 13: 13 _ _ 7634972�b$
Jun 07 04 09:06a yy1G
May-28-04 05:50A CullY
ezp co we u .: 10.6 Kent
71 497 54183
763 497 5983
'�63 ^ 753 - 9357
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This is &Ckww *Wftment tht the Gvbf Course is awm of the fence the property , ►w„er at
-7 !- -K �_ Las WIN on Golf Ccwrw Prope -Ty
Attsched is exhibn A GoifCowrse will allow UK feme but at
01 bensroc>v aiwtricA tree �Y•� may rogue t fence
Pr'�y Owner agrm to remove said fence
Prop" 0"�'g*"tO indemrwfy AM hoid h+Rnjem Cedar Crcck Golf Inc, its
lfll sc from any claims, lawsuits or trusts ofactmon ofsny type related to the
r use at tnaiin enanre of the ftrrce
peT1y
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10/25/2004 13:13 7634972J�8
P�G�E OF
MEMORANDUM OF AGREEMENT
RE: Caad Kevin Pittelkow and Connie Lynn Pittelkow (Pittelkows)v. Cully Cederberg, Doreen
M. Cederberg (Cederbergs), Kenco Enterprises, et al. (Court File No. C�-04-534)
October 13, 2004
Pittelkows have initiated litigation asking a court to require Cederbergs to remove a fence on property owned by Cederbergs and Pilot Land Development Company (pilot)_ Can October 13 2G04,
Kim Brandell provided the parties with mediation services. Through the use )f the mediation
process, which included full disclosure of all relavant facts and information, Cederbergs and
Pittelkows have reached the following agreements:
Cederbergs will remove the five fence panels furthest from the ?ot line which sep., rates the
Cederberg and Pilot lots and only on the fence line closest to the Pitrelkow propel ty, each
approximately six feet in width, and all related above ground support structures,14thin 30 days,
2.
The parties agree to release each other from claims they have or may have against one another,
regarding the disputed fence. Pittelkows agree to dismiss their pending claims agj inst
Cederbergs, Pilot and Kenco Enterprises, regarding the fence in question.
3.
This Agreement is contingent upon the parties' ability to obtain the permission of he City Of
Albertville to remove the fencing in question.
4.
As a compromise of disputed claims, this Agreement is not an admission of liability or fault of
any of the parties to the Agreement_
10/25/2004 13:13 7634977�8
P AGE CI -
S.
The Parties agree that this MEMORANDUM OF AGREEMENT is binding.
Chad Pittelkow
Connie Pittelkow
Da Porter
Attorney for Pittelkows
/1
Cully C.derr erg
Dor" Cede -berg
Patrick Mich �felder
Attomey for ( _'ederbergs
10/25/2004 13:13 763497?�68 P +aE tl-
CITY OF ALBERTVILL.E
INSPECTION NOTICE
M T W TH F
PERMIT NO. —SCHEDULED
fDate Time
ADDRESS 21 r` ;1' '` -
OWNER --PH+ENE -
CONTRACTOR PHONE
j °d f3 FOOTINGS Lz O PLUMBING ROJGH-IN ❑ SITE INSPECTIC V
k ❑ FRAMING Q PLUMBING FINAL ❑ GRADING/EXCA '.
} Q ❑ INSULATION Q MECHANICAL ❑ COMPLAINT
Z ❑ WALLBOARD S O FIREPLACE AT THROAT ❑ FOLLOW UP
O PROGRESS O FIREPLACE FINAL
Z ❑ FINAL ❑ DEMOLITION
COMMENTS
a
77-77
e i
LU
Z
w
w .r
WORK SATISFACTORY: PROCEED. ❑ PHOTO TAKEN
CC ❑ CORRECT WORK & PROCEED.
W ❑ CORRECT WORK & CALL FOR RE -INSPECTION BEFORE COVERING.
Q ❑ CORRECT UNSAFE CONDITION WITHIN —HOURS- INSPECTOR W LL RETUI ?N.
C] (ISTOP ORDER POSTED, CALL INSPECTOR.
❑ INSPECTION REQUIRED. CAL'- TO ARRANGE ACCESS.
Call Bldg. Dept. at 763-497.5106 at least 24 hours in +,dvance for an appointme it
Owner/Contractor'on situ/ - —
Inspector 763-497-5'06
--
City of Albertville, 5975 Main Avenue NE, Alt ertville, MN 5530'
White Copy/ Inspector's Files Yellow Cc.pyi Site N( +icP
-10/25/2004 13:13 763497204�3
• This Permit card shall be posted so it is visible from th ! street.
No dumpsters construction materials equipment or
' �aggregate allowed on ei4 street
Address II _
t� Permit is a ,
Owner/ Contractor L
L%. nat� �� R3
Description of Warlr .1a I --
Contact Name
W
Contact Number 118 - _--� — I
Do not cover work until the above has been
Wallboard— I— "—
electrical Final*
Plumbing Final
Fireplace Final
Heating/Mechanical Final w"
Building FinalNotes
Date
w
i
__ - i
roved
Jon Sutherland, Albertville Building Official
For inspections call the City of Albertville Building Department q, '163-497-5176
24 hours in advance for appointment.
*For Electrical inspections contact Dean Eggert 763-42$- 9083