9.1. SR 06-02-2008 - Laserfiche WebLink

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Barbara and David Burandt 19118 Tyler Street NW Elk River, MN 55330-1928 April 11, 2008 Terry Mauer Public Works Director City of Elk River 13065 Orono Parkway Elk River, MN 55330 Dear Mr. Mauer: David and I are writing to you in order to reach an agreement regarding payment for the temporary easement onto our land that will result from the construction of the extension of 193rd Avenue. In talking to you, David and I were under the impression that we would be discussing the monetary value of the temporary easement sometime this year, in fate winter or spring. On one of the visits you made to our house last fall, you told us that the City's attorney would be working with the three land owners that the city would be purchasing land from. You, indicated, however, that you would be working with David and I to come to an agreement regarding the temporary easement. We were very surprised when some weeks ago, we received a contract in the mail to be signed and returned to John Anderson, Engineer. The payment for the temporary easement was "in consideration of the sum of $1.00, and other good and valuable consideration." We, of course, called Mr. Anderson, questioning the amount to be paid for the easement. In a follow-up letter we received from Mr. Anderson, he wrote that "it was our understanding going into this process that your primary goal was to work with the City staff through the design to insure you were in agreement with the details:' He goes on to state, "the staff incorporated many of your specific requests into the design of the plans." The implication in this letter is that we agreed to trade involvement in the planning process for remuneration for our property. That was never our understanding. As with any activity that involves more than one party, discussion to seek agreement is a necessary part of the process. But we never imagined that mutual participation in a project would be considered to be in lieu of monetary payment for the temporary easement. The land to be taken for the temporary easement amounts to approximately 0.25 acres for a period of 36 months. The land is zoned "city water and sewer". We expect remuneration that would be considered by the courts to be "fair" to both the city and the landowner. We offer you two options for consideration by the city. They are 1. Settlement: $10,000 for a temporary easement for 0.25 acres/36 months; 2. Alternative: Have two land appraisals completed. One by an appraiser who would represent the city and one by an appraiser who would represent the owner. If you are