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<br />JUL 1 5 2005 <br /> <br />((1 [G (rtCch~ <br />II!?/~ <br /> <br />~ <br /> <br />July 13, 2005 <br /> <br />City of Elk River <br />Cc: Terry Maurer, Peter Beck, Stephanie Klinzing <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />Re: City encroachment on private land <br />2005 Pavement Rehabilitation Project <br />441 Upland Ave NW <br />Elk River, MN 55330 <br /> <br />City of Elk River, <br /> <br />I am writing to notify you that you have encroached further on to my private property. <br />Placing the storm sewer underneath my private property is beyond your prescriptive <br />rights. I never approved the installation of storm sewer on my private property. As <br />warning to the construction companies before installation I placed No Trespassing signs <br />on my private property lines. These signs were ignored and the city/construction <br />company have installed storm sewer on my private property. <br /> <br />I would like you to remove the storm sewer from my private property and restore the land <br />to its previous condition. Also, I will not allow the road to be widened on my side of <br />Upland Ave. Please use the city's right of way on the east side of Upland Ave for the <br />project. Any action other than repaving the existing road on my property will require the <br />city to purchase right of way. <br /> <br />If the city is not willing to return the property to its preconstruction condition or pay for <br />the right of way I will force eminent domain on the city. I will petition for writ of <br />mandamus seeking to compel the city to initiate condemnation proceedings on all land <br />taken and intended to be taken during the construction project. <br /> <br />Once again, if the city is not willing to pay for the right of way please remove the storm <br />sewer from my property and return the propeliY to its original condition. Also, use the <br />east side of Upland's right of way for the widening of the street. It is very important that <br />my property remains unchanged. I thank you for diligence in your forthcoming <br />proceedings and taking the time to review this letter and situation that the city is faced <br />with. I look forward to discussing this with you in further detail. I can be reached at <br />work during the day 612-766-3248 (phone) and 612-766-3281 (fax). During the <br />evenings you can reach me at 612-812-6746 (home/cell). <br /> <br />Sincerely, <br /> <br />2:::~ <br /> <br />441 Upland Ave NW <br />Elk River, MN 55330 <br />612-812-6746 <br />