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3.5. SR 10-14-2002Howard R , Green Company September 30, 2002 File: 818890J-0325 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: COLLINS DRAINAGE ISSUE DEERFIELD THIRD ADDITION Dear Council Members: City Administrator Pat Klaers and I have been talking with Mr. Dan Collins regarding the drainage concerns in his rear yard in the Deerfield Third Addition. The settlement we have been able to negotiate and are requesting City Council approval of is payment to Mr. Collins of $3,000 in exchange for a drainage and utility easement in his rear yard that will encompass the area that was inundated dudng the high intensity rainfall events this year. Mr. Collins has indicated that he intends to do some new landscaping in his rear yard, including a small retaining wall, which will define the edge of the inundation dudng high frequency rainfall events. We have suggested to Mr. Collins that the City is prepared to purchase the easement with the exchange of money conditioned upon he and his wife signing an agreement that they will fully execute a drainage easement upon completion of the landscaping he has planned for his rear yard. This way, we will be able to descdbe the easement around the landscaping that Mr. Collins performs, rather than Mr. Collins having to insure that his retaining wall fall dght on the easement line and all plantings outside the easement. With City Council approval, we will prepare an agreement for Mr. and Mrs. Collins to sign stating they will execute an easement at a later date in exchange for payment of $3,000. If you have any questions regarding this issue, I will be in attendance at your October 14, 2002 City Council Meeting. Sincerely, Howard R. Green Company Terry J.raau~rer, P.E. TJM:sgw Ltr-093002-Council 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389