09-11-2017 Council Packet - Laserfiche WebLink

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N DSON OHNSON, PA. 217 West James Street P.O. Box 241 Paynesville, Minnesota 56362 320-243-3878 320-243-4956 [Fax] legalsry@amundsonlaw com www.amundsonlaw.com Attorneys.: Ross M. Amundson David T. Johnson Paralegals; Sheri L. Blonigen Edith K. Buermann Debra K. Stanger been in communication with the Whites to resolve these issues, but my clients state that there has been no real effort by your client to resolve the issues. However, instead of immediately filing a lawsuit, my client would like to make another effort to resolve the following issues; 1) Driveway Easement. Whites acknowledge that there is a right of access through their property. However, they are concerned that the amount of fill necessary and the weight and size of the trucks will damage their property. They are also concerned that the trucks and equipment will also encroach onto their property outside of the described easement area. Whites propose that a new easement agreement be drafted that would require any damage incurred during the development be restored and completely paid for by the developer. And that any future maintenance/improvements (as agreed upon by the Whites) to the easement area be split equally between the owner of White's property and the owners of the two properties being developed. (Each party will pay 1/3 of these costs). 2) Driveway Encroachment. Whites require an easement or a lot line adjustment for the encroaching driveway so they do not lose any part of their driveway surface. 3) Utility Encroachments. Whites require that Lupients sign a utility easement for the septic and gas line encroachments. 4) Septic System or Utility Damage. In the course of the development, Whites are concerned that excavation and tree removal may result in damage to the utilities (natural gas and septic lines) serving their house. White require an agreement that the developer or landowner pay for any such damage. 5) Side Line Lot Adjustment. Whites have no space on the side of their home to accommodate necessary maintenance to the home. For instance, if scaffolding was needed for repairs, or a lift for an entrance to the upstairs living area was necessary, there is no space available to set up. Whites would like to obtain land necessary to do this either through a lot line adjustment or an easement. Please discuss this with your client and respond within one week. The parties have never had any meaningful discussions to resolve these issues, but Whites would once again like to invite your client to address them. Please respond with your client's position on all of the above