INFORMATION #3 07-18-2005
JUL 1 5 2005
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July 13, 2005
City of Elk River
Cc: Terry Maurer, Peter Beck, Stephanie Klinzing
13065 Orono Parkway
Elk River, MN 55330
Re: City encroachment on private land
2005 Pavement Rehabilitation Project
441 Upland Ave NW
Elk River, MN 55330
City of Elk River,
I am writing to notify you that you have encroached further on to my private property.
Placing the storm sewer underneath my private property is beyond your prescriptive
rights. I never approved the installation of storm sewer on my private property. As
warning to the construction companies before installation I placed No Trespassing signs
on my private property lines. These signs were ignored and the city/construction
company have installed storm sewer on my private property.
I would like you to remove the storm sewer from my private property and restore the land
to its previous condition. Also, I will not allow the road to be widened on my side of
Upland Ave. Please use the city's right of way on the east side of Upland Ave for the
project. Any action other than repaving the existing road on my property will require the
city to purchase right of way.
If the city is not willing to return the property to its preconstruction condition or pay for
the right of way I will force eminent domain on the city. I will petition for writ of
mandamus seeking to compel the city to initiate condemnation proceedings on all land
taken and intended to be taken during the construction project.
Once again, if the city is not willing to pay for the right of way please remove the storm
sewer from my property and return the propeliY to its original condition. Also, use the
east side of Upland's right of way for the widening of the street. It is very important that
my property remains unchanged. I thank you for diligence in your forthcoming
proceedings and taking the time to review this letter and situation that the city is faced
with. I look forward to discussing this with you in further detail. I can be reached at
work during the day 612-766-3248 (phone) and 612-766-3281 (fax). During the
evenings you can reach me at 612-812-6746 (home/cell).
Sincerely,
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441 Upland Ave NW
Elk River, MN 55330
612-812-6746