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<br /> ' lots within the plat...." Exhibit A,Page 1, Pazagraph Number 4. The grade plan was, in fact,
<br /> designed and approved and, had the plan been enforced,the easements contained therein would
<br /> have properly addressed the drainage issue. The finish grades on the property of Mr. Waade,
<br /> , however, are definitely out of compliance with the City's grade plan. That puts Mr. Waade in
<br /> violation of Resolution 4125, and it has caused the destruction of my properiy and its diminution
<br /> in value. In May of 2000, I met with Lyle Oman about these issues, and he told me that he would
<br /> ' talk with Mr. Waade. Two years later,however,when I met with Mr. Oman and the City Engineer
<br /> Tom Kelly,they did not provide me with a copy of the approved drainage grade plan. Instead,
<br /> simply relied on a hand-drawn grade summary, which did not reflect the grades on the original
<br /> ' preliminary plan, let alone the approved grade plan. They insisted that they had to follow that
<br /> summary,that my property was in a "low spot," that the "low spot" was my problem,not the
<br /> City's problem,and that if I chose to sue,the City has "a lot of attorneys." Although it may be
<br /> ' accurate that the City has a lot of attorneys,nothing else contained in that statement was true.
<br /> Up to that point,no one had even bothered to locate a copy of the approved plan, but it was clear
<br /> ' that Mr. Waade's development had the support of the City, regardless of what had been officially
<br /> approved. I subsequently located the plans at the Minnehaha Water District, where they are
<br /> available for public review. I found that the grades that currently exist on the Maxwell Landing
<br /> ' property, as developed,vary quite significantly from the grades specified on the approved plan.
<br /> The obvious conclusion is that no one at the City seems to care.
<br /> , A careful look at the preliminary plan of the proposed Ma.�twell Landing development clearly
<br /> shows the grade and water flow,which was to drain out through an easement on Mr. Waade's
<br /> ' property. See preliminary plan, a copy of which is attached hereto as Exhibit B. A review of the
<br /> final drainage grade plan approved by the City and the Water District, a copy of which is attached
<br /> as Exhibit C,makes it even more evident that the drainage water was supposed to flow into the
<br /> ' drainage easement leading to a drainage pond with a bottom elevation of 926.75 feet. The top
<br /> elevation of the pond was to have been 930.75 feet. My adjoining property has an elevation of
<br /> 933. feet,which means that the approved drainage would have flowed away from my property into
<br /> t the drainage easement and pond. That easement and pond are located on Mr. Waade's property.
<br /> Instead,however,Mr. Waade has diverted the drainage by artificially raising the grade on his
<br /> property and building a berm, as well as a non-conforming fence, so that water flows directly onto
<br /> , my property and causes flooding. See pictures of berm and fence,and resulting standing water on
<br /> my property, attached as E�ibit D. Similar evidence shows the lower grade prior to the
<br /> development, and the fact that after the Minnehaha Water District came to the property and
<br /> ' approved the Maxwell Landing grading, Mr. Waade altered the grading. See pictures on Exhibit E.
<br /> Resolution 4125 specifically provides that "No grading within the 0 - 75'lakeshore setback zone
<br /> , will be allowed except as needed to accommodate the drainage plan." See Exhibit A,Page 3,
<br /> Paragraph Number 5. Mr. Waade's grading is within 75 feet of the lakeshore setback zone. The
<br /> raised grade of Mr. Waade's property and the berm obviously do nothing to accommodate the
<br /> ' drainage plan, rather,they actually cause water flow away from the drainage pond prescribed in
<br /> the drainage plan. Cleazly,this is additional evidence of Mr. Waade's intentional violation of
<br /> Resolution 4125.
<br /> ' Pursuant to the City's fence regulations,no fence is allowed within 75 feet of the lake shoreline,
<br /> and on a lakeshore lot, a side yard fence behind an average setback line is to be no more than 6
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