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Home My WebLink About7.b. David Ganfiled Easement Rights Discussion CITY OF ROSEMOUNT EXECIITIVE SUMMARY FOR ACTiON CITY COUNCIL MEETING DATE: October 16, 1990 AGENDA ITEM: David Ganfield Easement Rights AGENDA SECTION: Discussion New Business PREPARED BY: Richard M. Hefti AGENDA��n/� .f� �Q City Engineer/Public Works Director �� r��• � ATTACHMENTS: Miscellaneous Correspondence APPR ' � BY• , Mr. David Ganfield is requesting to address the Counci regarding the fact that we are presently using his backyard as a ponding rea for storm water runoff without the appropriate drainage or ponding easement. The attached correspondence presents a fairly accurate history of the situation, however I will provide some more background prior to Mr. Ganfields purchasing his house. To begin with, the area behind Mr. Ganfields house was originally intended to drain completely. Mr. Lee Johnson, of U. S. Homes, had initially planned for this natural basin area to drain to the west into a much larger - outlot that was dedicated as a ponding -and natura3 area -with the Country Hills 3rd Addition. Mr. Johnson claims that during the review p�ocess for FHA or HUD approval, that the U. S. Fish and Wildlife Department required him to make this pond into a wet pond. Apparently this requirem�nt took place before any changes could be made to the final plat. Mr. Jqhnson intended to obtain these easements on these lots through separat� means before the lots were sold, however there was some apparent misco�munication between Mr. Johnson and the sales people at U. S. Homes and this did not occur. Mr. Johnson has been attempting to negotiate with the th�ee property owners as you can see from the attached correspondence. The three property owners do not feel that Mr. Johnson's offer accurately r�flects the damages they have incurred as a result of their desire to purcha$e a large and usable lot rather than having a portion of their rear yard ur�der water. St clearly was the responsibility of U. S. Homes to provide the �ity with any necessary easements that are required. Since the property o�tners and the developer cannot reach an agreement in this matter, I would �ecommend that we initiate condemnation proceedings to resolve this matter once and tor all. I would further recommend that U. S. Homes be responsi}�le f.^r the cost .of obtaining these easements that they were to have dedicat�d to begin with. I have requested that our City Attorney, Dave Grannis, be presen� for this discussion and also that the developer, Mr. Lee Johnson, also be present. I anticipate both of their attendance. RECOMMENDED ACTION: Motion to Adopt a Resolution Authorizing Condemnation Proceedings over Lot 12, 13 and 14, Block 3 , Coun�ry Hills 3rd Addition. COUNCIL ACTION: ' Adopted resolution. 9 � � CITY OF ROSEMOIINT DAROTA COIINTY, MINNESOTA RESOLUTION 1990 - A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS ON LOTS 12, 13 AND 14, BLOCR 3 , COtTNTRY HILL3 3RD ADDITION WHEREAS, the City of Rosemount has determined that it is in, the public interest to acquire the property necessary for a drainage �asement in Country Hills 3rd Addition. ' NOW THEREFORE BE IT RESOLVED, by the Council of the City of Rosemount, Minnesota: The City Attorney is hereby authorized and directed to �cquire the -- ra ert _ p p y" necessary for drainage easement, across the backya�ds of Lots 12, 13 and 14, Block 3, Country Hills 3rd Addition, by emirient domain proceedings unless acquired by negotiation or otherwise ,before the proceedings are complete. ADOPTED this 16th day of October, 1990. , Vernon J. Napper, ',Mayor ATTEST: _ '� Susan M. Johnson, City Clerk , Motion by: Seconded by: Voted in favor• I Votedagainst• . �' ' 9-21-�0 RECEIVE �D Administrator Jilk, Mayor and , Council Members of the City of Rosemount �� 1 19�0 2��s 145th st. w. CLERK'S OFFIC�E Rosemount, MN. 55068 ��NOFROSEMOUNt Dear City Officiais, I am enclosing copies of correspondence between myself, U.S. F�omes and the City of Rosemount. lt is pertaining to easement rights to the �ear of our property at 13728 Danbury Path. Upon your review you will see that this has been going on for quite some time. _ _ _Since I last sent that information to Rich Hefti _in May, _little _has _ ,_ _ been done to resolve the situation. Mr. Johnson of U.S. Homes only seems to respond when pushed by the City. You will see by Exhibit E, that Mr. tiefti replied to my request immediately, however, the response and Agreerhen# drawn up by the City Attorney was delayed till August. That is enclos�d as Exhibit F. '' Mr. Johnson and U.S. Homes did not agree to the City's request bu�t came up with an alternate plan. He contends that they will fill in the pond on our property and not need the easement. That was told to me by Mrr. Hefti when I had contacted him about U.S. Homes response. Rich felt Mtr. Johnsan would be contacting me soon, so I waited to hear from him. �fter more than a week I contacted Mr. Johnson who stated he was on uaca�ion and apofogized for not getting in touch with me, but that he would get a proposal to me in the mail soon. After another 2 weeks I have sti11 naf heard from him. ' In our discussion he stated he wouid fiN in whatever portion of ;our property in the pond that we wanted so we would have full use of our', lot back. If that were the case I mentioned he would have to fill into the existing yard so that the grade slope would be right. He didn't think so. I said if only one of three neighbors involved wanted their yard fiiled in, it would not look very nice around the pond. He didn't care. I said if 1 had my lot filled in, my back lot line is near the inlet to the pond and that I was concerned that erosion would occur. He didn't think so. i asked if he had considered the neighbors to the south where he had proposed to elongate the pond and if they might be upset about having a pond at the rear of their property? He didn't think so. I told him I was still concerned about flooding if the outlet were to become plugged and asked if he would put in the overflow? He didn't think so, but felt he would have to discuss it with the City. He felt there was little chance of that outlet becoming plugged. We lived in Apple Va(ley for 10 years before moving here and went through the heavy rains and flooding that occurred in 1987. A lot of peopls felt there was little chance of getting flooded out, but found they were wrong. I know that those were supposed to be 1000 and 3000 year rains but I am 37 and have lived through about 15 one hundred year rains. We _ _plan to live here for_many years and _feel that the possibility exists. _ _ We are not opposed to granting the easement, but are only asking that an overflow drain be put in and that we be compensated for the loss of our property. With the easement our lot is no larger than a base lot and the difference between the two is $8000. As long as ourselves and U.S. Homes can not reach an agreement we are hoping that through condemnation the City's appraisers will decide on a value. Thank you for reviewing all this information. You may get the feeling, however, of how troublesome and annoying this has been for us. Please put me an the Council Agenda for the October 2,1990 meeting and I will be there to answer any questions you may have. If you have any questions before then, feel free to contact me at 423-1897, nk Yo , David J. Ganfield 13728 Danbury Path Rosemount, MN. 55068 , May 21', 1990 Mayor and Council Members '� of the City of Rosemount , c/o Rich Hefti- City Engineer 2875 - 145th St. ',J. Rosemount, MN. 55068 ' RE: Drainage Easement � Lot 13, Block 3 ; Country Hills Second Addition Dear City Officials, ' Over the past year an attempt has been made to negotiate an easement right to the rear of our property for a storm water drain- , age pond. We feel that an agreeable settlement can not be reached � _ _- - - _. _ . _ _ - - - __ _ �y negot�ating any further and are re.auesting that condemnation pro- ceedings will be;in to settle this issue. � You will see by the attached Exhibit A, that U.S. Nomes contends this was an inadvertant oversight and ofr"ered us one dollar for the easement rights. My reoly to their offer is attached as Exhibit B, and shows : how we reel we were misled when we purcnased the property. Lee ',J. Jonnson of U.S. ,-lomes reolied to my raquest, however he ' also chanqed the size of the easement without consultinq with City � Engineer - Rich Hefti , which caused me great concern. See attached Exhibit C. After thai we decided to wait until Spring to see exactly where� the pond level would be before further disct�ssions as '�Jinter had ; set in. In �March of 1990 after 2-3 inch rains the pond rnached its �eak� which also is higner than U.S. Nomes claimed it would be according to the survey stakes placed in our yard. After discussing our situation with 3n attornev, he suagested that an overrlow safety drain in the outlet might possibly solve our, flooding worries, but the pro�rty values :�ou�d still have to be neaotiated. I contacted Lee Johnson who was race�tive to the idea of the , safety overrlow and stated he would get back to me, : Page 2 After waitinq over a month and no reply, I contacted the City Clerk of Rosemount to inquire about putting this issue on the Council Agenda and was referred to f�rst talk to Rich Hefti . Rich requested that a meeting be arranqed with Lee Johnson, Rich Hefti, and the property owners aff ected on 0anbury Path. This was done on Friday, May 18, 1990 and I appreciate Mr. Hefti 's assist- ance with this issue. We discussed the overflow saf ety drain as is normally installed on most drainage ponds in the City and then the property value. Mr. Johnson was very determined that the pond was an amenity to our property and would not be willing to pay any more than S20Q0 for the loss of use of our property. - As Mr. Her"ti witnessed; we are now at a stalemate.- We contend - - - - that when we purchased the orooert;� there was no pond and we were able to walk to our re�r corner marker because there was very li�tle water in the area and it was more like a sma11 marsh at the+back 20 to 30 feet. '�le asked �he questions relating to the pond and were ' told by the sales staff and the bui�ding superuisors for U.S. Homes, that there was no inle+ or autlet to the ponding ar2a and that only runofr" from the surrounding back yards would go in�o it. Uoon closing, the certificate or" surve�, Exhibit D, showed only a 5 foot rear easement which confirmed our beliet"s. '�Je feel it is U.S. Homes and the City of Rosemounts respons- ability to rectify the situation as they are taking our property without right of easement, ��le also feel we should be compensated accordingly for the loss of property. Condemnation proceedings apparently are the only way this can be accomplished. Please inform us of your decision in this matter and we thank you for your prompt action to assist us. Please feel free to contact me if you re�uire any further information or have any questions or" me. . orely, � � � �, ._ �f, / '�`"'� -i � �_ '� David & Bo�nie Ganfield 13728 Danbury Path 405i�^'OU11t}., ytn�. ��E`�L Exhibit A ' July 18, 1989 David J. and Bonnie J. Ganfield I 13728 Danbury Path ' Rosemount, MN 55068 RE: Drainage Easement ' Lot 13, Block 3 Country Hills Second Addition ' RCM Project No. 871002 ' Dear David and Bonnie Ganfield: It has recently been brought to our attention that the easement f�r the drainage pond, located in the rear of your lot, was inadvertentl�y left off the original plat. Enclosed you will -find a sketch and.descr�ption of the easement required for the drainage pond. This easem�nt is required for maintenance purposes by the City of Rosemount. rieke ��'o�� Flease review the easement sketch and description, sign the en�losed muller agreement and return it, along with the sketch and description, ko the associates, inc. Cit of Rosemaunt. Plesse note that a notar q engineers Y y public is re ui ed to arc�hitects witness your signature. Copies of the agreement and easemer�t are land surveyors included for your use. ' equal opportunrry I will be happy to meet with you at your convenience to discuss the employer easement. If you have any questions or would like to meet with me, please call me at 935-6901. Si Y, Peter Carlson, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. PC/�J �nclosures c: Lee Johnson, US Home Corp. Rich Hefti, City of Rosemount _ 10901 red circle drive box 13Q minnetonka. minnesota 55343 612-935-6901 i PERMANENT EASEMENT Lot 13, Block 3 Country Hill Second Addition A permanent easement for surface drainage over, under and across that part of Lot 13, Block 3, Country Hills Second Addition according to the recorded plat thereof. Said easement is described as follows: The most easterly 90.00 feet of Lot 13, Block 3, Country Hills Second Addition. �xhibit A � /. ,,� Cd �r 47 ¢ / ; i , � � ��8' � � � �--1 � � .� .� ' � �3 �, , �- __ _ _ __ _- - ��N�� 'O7, �C .�M�vr ti ��.._..., � �� s � /Z �`'`� � � � -� � , ,�, ^ �� .�E'cay.7] �Dir�yv Ex h i b i t A � ;zAG.�'a' I HEREBY CEATIFY THAT THIS PLAN, SURVEY OR oa�wN oa,ewiNc NUMBER REPOAT WAS PR€PARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY rieke REGFS7ERED UNOER THE LAWS OF cHecx carroU THE STATE OF MINNESOTA mulier associates inc � � � � � � SURVEY � � � � 81'CfiltlCtS � �FILE NO. . 8Y eflglflElr3 DATE ?EGISTRATION NO. i�nd surveyon Exhibit A ' � EASEMENT AGREEMEN'T THIS INDENTURE made this day of , 1989, by and between David J. and Bonnie J. Ganfieid , hereinafter jointly referred to as "Grantors", and the CITY OF ROSEMOUNT, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City". The Grantors, in consideration of one and no/100 Dollars ($I,QQJ in hand paid by the city, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, forever, a permanent easement and right- of-way for drainage purposes over, under and across land situated within the County of Dakota and State of Minnesota as described on attached Exhibit "A"; INCLUDING the rights of the City, its contractors, agents, servanu and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain public drainage system over, under and across the easement premises. _ _ _ The above named Grantors, for themselv_es, their successors, _heirs and assigns to ___ ,___ covenant with the City, its successors and assigns, the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTORS: (SEAL) STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowiedged before me this day of , 1989, by , to me personally known to be the person(s) described in and who executed the oregoing ' instrument and acknowledged that executed the same as free act and deed of the parties. Notary Public Exhibit B September 10, 1989 Peter Carlson, P.E. Rieke Carroll Muller Associates, Inc. RE: Drainage cas�ment Lot l3, Block 3 Country Hills Second Addition RCM Project �Jo. 871002 Dear Peter, After reviewing the easement sketch and description far the drain- age pond on our propEr��i, � ��vas appalled to think that �.S. Home Corp. , the City of Rcsemeun�, and RC�1 a11 overlooked the ease:nent on the plat and that the sa12s pe�ple arrd the construction supervisors did not in- form us that the pond :vould be used for storm drainage and be at a level much greater than �we saw when we purchased the property. We ask�d �he sales people what was going to happen to the pond at the rear of our 1oi and were told that there was not going to be an in- let or an outlet �o �he pond and that it �,�as only to hold run off from the back yards surrounding the pond. Only after we moved in did we find the drainage outlei and then later watched as they ins�alled the 27" inlet from Shannon Parkway. For us �o sign �his easement, the following criteria would have to be met; 1. A sump pump installed in our house, as we never recieved one when all of Qur neighbors did. 2. Survey irons placed on the lot lines at the 90' easement mark. 3. Compensation for the loss of pr�perty for the easement, which amounts to nearly 35ro or our lot, which we paid a premium to have the larger lot. One-third of the �33,000 we paid amounts. to 5II,000. 4. Compensation for the possibility of future property damage and market value loss on our house in case of flooding in the amount of 510,000. Exhibit B Please review the requirements we have set forth and inf orm us of your decision. These are things that we feel should be taken care of and would like to settle without going to court, however, if we cannot reach an agreement I have already contacted my attorny and will put it in their hands. ,�fi�k You, � � �"`�1 � � J David and Bonnie Ganfield 13728 Danbury Path - - --___ _ _ _ _ _ _ _ _ -- __ _ .Rosemount, _MN. _5_5068 _ _ _ __ _ - - - - Ph. 423-1897 :� _ � �s•�� : � Exhibit C Thompson LanC Deveiopmer�t Divisicn 300 South Courty�cac ':a • Su;te 87,� • SL LOU14 �;�rk. �,�i^n�s��a 55426 � (612) 54a-7333 November 20, 1989 Mr. and Mrs. David Gantield 13728 Danbury Path Rosemount, MN 55068 Dear Mr. and Mrs. Ganfield: Please accept ny apologies for not addressing the easement for _ _. _ _ the drainage pond sooner, but Z have -been really bogged down with construction this fall. I'm sure you are aware that our surveyor restaked the pond levels in your yard. Attached is a revised sketch showing what the revised dimensions of the drainage easement should be. In my analysis of the situation, I do recognize that the pond is bigger than what you thought the size was when you bought your house. However, I don't believe the value of your lot has decreased and a larger pond may actually have increased the vaiue of your lot. Irres- pective of these arguments however, I am prepared to offer you $1000 for thP drainage ease�ent a� conpensation for the incremental decrease in lot useability because the pond level is higher than when you purchased your house. Please carefully review this offer and contact me if you have any questions. Z an available most any tir.te if you want to discuss this in more detail. I will contact you again the week of November 27th. Sincerely, L�� =-�^�� . nson Sr. Vice President/Project I�.anager LWJ/lds Attachnent Exhibit C PERMANENT EASEMENT Lot 13, �Block 3 Country Hill Second Addition A permanent easement for surface drainage over, under and across that part of Lot 13, Block 3, Country Hills Second Addition according to the recorded plat thereof. Said easement is described as follows: The most easterly 80.00 feet of Lot 13, Block 3, Country Hills Second Addition. Exhibit C �7 /¢ �s8� � � � � � •oa � __ I3 � _ _ � - - - - __ --' - - - �A��E �S--�a, ,� �',y�r � � �� fi � �Z � � � , � � � � C'��r�� r�s ..��'GG�� D�r� Exhibit A � �AGlc" i HEREBY CERTIFY THAT THIS PLAN, SURVEY OR oa��""'' oRnwiNc NUMBER REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANp THAT 1 AM A DULY rfeke REG�STEAED UNOEfl THE I.AWS OF caRoil THE STATE OF MINNESOTA Cr+Ecx muUer assxiatea inc SUFiVEY_ afC�1�1lC2E FIIE NO. er engineers OATE: REGISTRATION NO. land aurveyors CLARK ENGINEERING COMPANY • 2a15 WAYZATA BOULEVF,RD • MIMVEAPOGIS� hA1 • PHONE: 374-4740 CERTIFICATE OF SURYEY F'OR: • _,. Exhibit D ORRIN THOMPSON� HOMES �� A Division of U.S. Home Corporation � Scale: 1" = 40' � • Iron monument found II � / • , � . Q�"'d ° ' � ' `�- ^O /0� �� ''dV e � � � . . � . . • � � . . . . d - _ __a4 __ _ _ � _ _ _ ��` S 71��a�- _ _ ___ _ - _ _ . _ . . . o / . 25_3 � �� °o' F �z�.�` � }- a �, a ��\ 2 g 8 �Y E. � � I '" � N �� 8 �'sPy�C . ��•,�r�'1 C� / Z.p � � ry� `r .� t w . 2.0 ' • `` }"Ji Z � � � � ,N 1 ll.p �A � Q . . � _ � m �� Q M '�0.7� N N `� � � 2T.g � �4.p • � � + � a 'O.� � �. � :+ rr�.�,� ; l5 �` � ' � i�� I �. � : ! ' I O �_```1 � ' � . ,i�1� '�, �, � �` f � � � �' ' t �1 �''" ; � �` , . � .N �,q. '�� ; � 3 / ( � ' p . . + . rl � 4 5•W �``,_ � o � i 23��, ` � 1 0 f f D�+�t'�'t�. . ��5 �' - N cn . • ' ' I Lot 13, B1ock 3, - COUNTRY HILLS SECOND ADDITION Oakota County, Minnesota � • I heceby cecCity that �ii� 'i`s'h 'true and correct representatio� of a survey ot the boundaciee of the land above desccibed and of the location of all buiidings, if any, � thereon, and all visible eneroaehmcents, if any, fran or on said land. I fucther ce[t3ty that this sucvey vas prepared by me or under my direct superviaion and that I am a duly Rpg,i��ered Gand Surveyoc undec the laws oE the State ot !linnesota. • ' � - �/1 / _ ��.t !IIQ Reg. No.� Date /�? "/� ,Cjn� ! . ___ , .. _.. _ _ , .. ., u . , . ,.,._ _ • Exh i b it E �1� p{ ^ P��ti -,c �"� � � _ ,,,y��_,c;., ,-_�g � aStYl202�� _y - • n,�--��-��. May 24, 1990 David and Bannie Ganfield 13728 Danbury Path Rosemount, NIl�T 55068 Re: Request for Condemnation on Drainage Easement Lot 13 , Block 3 , Country Hills 2nd Addition Dear Mr. & Mrs. Ganfield: I have received your letter requesting the City to step in and assist in settling this issue. I have forwarded this letter and my comments as I understand the situation to our City Attorney, Dave Grannis, for his opinion regarding this matter. I have asked - him -to --respond-to-me by June 1, 1990. -I will -let'you know by June` 8, 1990 as to �he outcome of that opinion. 2 appreciate your cooperation and patience regarding this matter. I'm sure we will be able to resolve this satisfactorily. Si r , i / � Richard M. He . E. City Engineer/ �c Works Director cc: Steve Jilk, City Administrator E ibit F Z �o. eox s�o 16� � 2875-145TH S7. W. O�QMn O'`�2 ROSEMOUNT. MINNESOTA 55068 G/�{r v�. � 612-423-aai 1 August 17 , 1990 Mr. Lee Johnson U. S. Homes 300 So. Hwy 169 Suite 870 St. Louis Park, MN 55426 Re: Agreement to Proceed with Condemnation for Ponding Easement Country Hills 2nd Addition Dear Mr. Johnson: I am enclosing a copy of an agreement that I had our City Attorney draft that states that_ U._ S,_ Fiomes, _ Inc. is_responsib_ le for all______ _ __. _ cost incurred for obtaining the necessary drainage and ponding easements over portions of Lots 12 , 13 and 14 of B1ock 3 , Country Hills 2nd Addition. I would appreciate your executing this agreement and returning it to me by August 29 , 1990 so that- I can ask Council to authorize condemnation proceedings at the September 4, 1990 Council meeting. Si}�ser . , � . � Richard M. H � i, P. E. City Engineer/ blic Works Director cc: Mayor Napper Councilmembers: Klassen Oxborough Willcox Wippermann Administrator Jilk Dave Ganfield • AGREEMENT AGREEMENT made this day of , 1990, by and between the CITY OF RQSEMOUNT, a Minnesota municipal corporation, hereinafter referred to as "City", and U.S. HOME CORPORATION, a Delaware corporation, hereinafter referred to as "U.S. Home". WHEREAS, the City and U.S. Home entered into a develapment contract which allowed U.S. Home to plat and build Country Hills 2nd Addition in the City of �osemount; and WFiEREAS, the development agreement obligated U.S. Home to secure drainage/ponding easements over Lots 12-14, Block 3 , Country Hills 2nd Addition.; and _ _ _ - - - -- _ _ WHEREAS, the drainageJponding easements were never secured by U.S. Home; and WHEREAS, the City is willing ta use its power of condemnation to secure the easements. NOW THEREF�RE, in consideration of the above and other good and valuable consideration, the parties hereto agree as follows: 1. The City of Rosemount, upon the request of U.S. Home, will institute condemnation proceedings to secure the drainage/ponding easernents over the lots. 2 . U.S. Home will reimburse the City for all costs associated with the condemnation proceedings including, but not limited to, attorneys fees, appraisal fees, engineering costs, witness costs, commissioner costs, costs of appeal, and the condemnation award to the property owners. 3 . To guarantee compliance with the terms of this Agreement and payment of the costs associated with the condemnation proceedings, U. S. Home shall furnish the City with a cash escrow or irrevocable letter of credit from a bank (security) in the amount of $25, 000. The bank and form of any letter of credit shall be subject to the approval of the City Administrator. The security shall remain in effect until such time as all appeals from the condemnation award are settled or are barred by applicable statutes. The City may draw down the security, without prior notice, for any violation of this Agreement. 4 . The City will invoice U. S. Home on a monthly basis for all costs associated with the condemnation proceedings and U. S . Home agrees to pay the invoices within 10 days of receipt of Notice for Payment. If the invoices are not paid on time, the City may draw down on the security in the amount of the unpaid invoices. Invoices not paid within ten (10) days of the Date of Notice shall accrue interest at the rate of ten percent (10%) per year. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF ROSEMOUNT U. S. HOME CORPORATION By By V�rn�n J. Napper, �iayor Its By By Stephan Jilk, Its City Administrator -2- _.- � RE� � 5�� r �9��'� o THo�saN ��oF��,��,«� H�l�TES A Division of U.S. Home Corporation � September 25, 1990 Mr. & Mrs. David Ganfield 13728 Danbury Path Rosemount, MN 55068 Dear Mr. & Mrs. Ganfield: We would like to resolve our dispute regarding the expected depth of your yard above the pond 100 year flood elevation. I have verbally offered to pay you $2,OQ0.00 for a drainage easement that covers the existing situation as legally described in the documents I sent you on November 20, 1989. . That $2,000.00 offer still stands. However, if you wish, I will instead fill in all of your rear yard so that no pond or easement would be on �t�ur property. If you wish only a portion of your yard filled' in; with a corresponding smaller easement to the city, I will also do that. I would like �to do this grading work yet this fall so please let me know your decision within 10 days. If you have any questions please contact me or our attorne�, Ms. Karlin Symons of Kaplan, Strangis and Kaplan, at 375-,1138: Sincerely, . -_..,, . ee W. o nson Sr. Vice President - Project Manager 300 South Highway 169 • Suite 870 • St. Louis Park, MN 55426 • 544-7333 6 Z'88-1 ;�.r�u - � ' ; ' '2 / � .� 2.of. �• 4-i• �v...�. \b,, . 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