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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 /> A"I-rORNEYS AT LAW <br /> 913 MAIN STREET <br />ELK RIVER, MINNESOTA 55330 <br />(612) 441-7040 <br /> FAX (612) 441-0901 <br /> <br />December 15, 1997 <br /> <br />JEFFERY J. JENSEN <br />ELIZABETH K. MOORE <br />JAMES W. HESS <br /> <br />Dennis C h_..ub~a <br />10451.~1~5th Avenue NW <br />El, lr,~River, Minnesota 55330 <br /> <br />RE: Drainage in Heritage Land I and II <br /> <br />via fax (441-5835) and U.S. Mail <br /> <br />Dear Mr. Chuba: <br /> <br />I have reviewed the contents of the Memo dated December 3, 1997 from Heritage Land <br />Development Company with Mr. and Mrs. Anderson. My clients find the proposal deficient in <br />several respects. The following will detail the concerns. <br /> <br /> 1. There is no evidence that the drainage in Heritage Landing I has been altered, <br />destroyed or even existed in the first place. Therefore, any reference to restoration of drainage <br />must be deleted. <br /> <br /> 2. Exhibit B does not disclose what excavation work, if any, will be performed at the <br />pont D depicted on Exhibit A. This point must be clarified. <br /> <br /> 3. The centerline of the new excavation must coincide with the Northerly boundary <br />for Lots 2, 3 and 4, Heritage Landing II, and Lots 4, 5 and 6 of Heritage Landing I. In as much <br />as both plats will presumably benefit from the proposed ditch, both developments should be <br />burdened by maintaining a ditch. Since the Ebert plantings will be restored, centering the ditch <br />should not present any difficulties. <br /> <br /> 4. The Anderson lot must be filled and regraded to eliminate the artificial banks <br />created when the unauthorized ditch was constructed. See attached sketch. At this time, Mrs. <br />Anderson cannot walk in the back yard because of the steep grade. <br /> <br /> 5. In the event the work is not completed, funds sufficient to complete the grading, <br />sodding and tree planting be escrowed with Sherburne County Abstract and Title or the City <br />of Elk River. <br /> <br /> 6. The owners of Lots 4, 5 and 6 of Heritage Landing and Lot 2 and 3 of Heritage <br />Landing II consent to the work and agree, in writing, to indemnify each other from any further <br />claims. <br /> <br /> <br />