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JOHN W. TERPSTRA <br />RONALD G. BLACK <br />KlM E. BRANDELL <br />JOHN C. HOFFMAN <br /> <br />TERPSTRA, BLACK, BRANDELL & HOFFMAN <br /> <br /> ATTORNEYS AT LAW <br /> 913 MAIN STREET <br />ELK RIVER, MINNESOTA 55330 <br />(612) 441-7040 <br /> FAX (612) 441-0901 <br /> <br />JEFFERY J. JENSEN <br />ELIZABETH K. MOORE <br />JAMES W. HESS <br /> <br />July 29, 1997 <br /> <br />Mr. Steve Ach, City Planner <br />City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330 <br /> <br />Re: Preliminary Plat - Cherrywood Hills <br /> <br />Dear Mr. Ach: <br /> <br />I write to acknowledge your letter of July 25, 1997, actually received in my office on <br />July 28, 1997. <br /> <br />It is our opinion that whether or not the three conditions outlined by Mrs. Carton's <br />engineer were actually specifically made subject to plat approval, the Council by its <br />consideration of these issues has impliedly made the concerns noted by Mrs. Carton's <br />engineer a part of the plat approval process. In other words, if the conditions cannot <br />be satisfactorily met, we would expect the City Council not to give final plat approval <br />to the proposed plat as it would harm Mrs. Carton's property or the ultimate <br />development of the property. <br /> <br />I am writing to clarify our position on this matter. <br /> <br />Sincerely, <br /> <br />d~ffman <br />JCH/ke <br />cc: Lois Carton <br /> <br /> <br />