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January 5, 1984 <br />Page 2 <br />The Smiths did not use their home last year because of <br />reasons unrelated to the sewer easement and this summer they will <br />probably not be spending much time in Minnesota. In the event <br />that they do spend time in Minnesota, they have no need to use the <br />home and they will live in their motor home in which they travel <br />anyway. Therefore, there is no possibility of the Smith's needing <br />to use the home prior to any reasonable settlement of this matter. <br />However, we know that sooner or later the house needs to be <br />hooked up to municipal sewer. Since the parties are talking about <br />settling their differences, I recommend that we wait 30 days <br />before the City Council passes any resolution commencing <br />condemnation. There are numerous advantages to the Powers if they <br />are able to work out an agreement with the Smiths short of <br />condemnation such as release of other easements, etc. that I have <br />discussed with all of the parties before. Once we commence <br />condemnation, then there is no incentive to the Smiths to work anv <br />agreement out with Powers. <br />Very truly yours, <br />�0-, A94��� <br />Bruce D. Malkerson <br />BUM/ jf <br />CC: Mr. Thomas H. Rutten <br />Mr. and Mrs. Powers <br />1--_ f.�Walter R. Benson <br />Mr. John Gerhardson <br />3692j <br />