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Home My WebLink AboutRE: settlement for pumping station installed rT"' " • . ` � FREDRIK50�V, BYRON, COL70RN, BISBEE, HA.NSEN oc i�ErtLMAN , � A GFOFESSIONAL ASSOCIATIGN � 1460 NORTHW'ESTERN EANK 6UILOING HAROLO M, FREORIKS�N TERENCE M, FRUTN JOMN P, BYFON MINNEAPOLIS, MINNESOTA 55402 TMOMAS C.MUNT EAqL F,COLBOFN.JR. JOMN H.STOUT 9ERTIN A.BiSBEE,JR. TE�EPHONE(fil2)339-833� STANIEV W. Be.KKE GAqY B.CRAWFOiiO . JAMES L.BAILLIE JONN M,?AIMER . DARRELL 8.JONNS�N qICMARD R. HANSEN R.BERTRAM GREENER J6ROME B.PEDERSON $.CMAR�ES SORENSON,JF. � UWiiENCE PERLMAN � WARREN E.MACK R08ERT 6.WEBER JOMN L.POWERS ROBEfiT P.SANOS � PAUL J.LOKKEN IfE1TM A.lIBBEY DAVID 5.MILL JffpOME S. FICE August 17, 1971 . i��ayor Louis Obernauser i�r. �ari Yd. Dorn 2425 Dunwoody Avenue Route 2, Box 29 Wayzata, Minnesota 55391 Maple Plain, Minnesota 55359 Mr. Richard Franzel Mr. William D. McCarthy 800 N. Arm Drive 2065 River Hills Road t-iound, Minnesota 55364 Wayzata, Minnesota 55391 Mr. Robert L. Searles Route 2, Box 1075 Wayzata, Minnesota 55391 Re: Settlement for Pumping Station Installed on R. G. Bredeson Property - Rest Point, Lake Minnetonka, District 38, Plat 43360, Parcel 9750, Lot 24 Gentlemen: '1'r11S 12tLE'.t� i� wiiL'i.Cii uyv:i i::.;i;:. �:.:a�1C^ .^.� �?':n t7_llar-�ro F_.nt'rir1P�?Y. MY'. Wi7�i.am Mills who has informed us that the Village Council will consider a settlement for the above-mentioned pumpin� station at its August 23rd meeting. Mr. Mills advised us to make a specific proposal to the Council for settlement of this problem. Attached to this letter is an affidavit summarizing the events and agree- ments which underlie the current problem. Mr. Bredeson has authorized me to offer the following proposals as a complete settlement of this matter: � 1. Move the pumping station to the corner of the lot, as agreed � . upon, from its present location 31 feet from the corner stake of the lot. 2 . Lower the pumping station to ground level, as agreed upon, from its present height af 28 inches . 3. Move the power po�e to the North �ot line, as agreed, from its present location of 13 feet into the lot. i . . . .,- . . FREDRIKSON, BYROIv, �OLouRN, BISBEE, HANSEN S� PERLMAN Village Council , Village of Orono Page Two � August 17, 1971 4. Install an elevated vent pipe to disperse the disagreeable odor caused by the pumping station. 5. Resurface the parking area witn gravel. 6 . Replace the damaged or destroyed trees along the North lot • line. - . 7. Replace the two iron boundary stakes in their proper location. 8. Compensate Mr. Bredeson $800 for the easement. 9 . Reduce the assessed value of the lot to $2, 000 to reflect the reduced market value caused by the installation of the pumping station. Since resolution of this matter has been delayed for some time now, I would appreciate it if you would notify me as soon as possible what action the Council plans to take on this proposal. Sincerely, Warren E. Mack � WFM/kjY Enclosure bcc. Mr. William Mills Village Erigineer � Mr. Robert Bredeson . _ _ . AFFIDAVIT SUMMARIZING THE FACTS AND NEGOTIA- STATE OF MINNESOTA ) TIONS WITH RESPECT� TO LOCATION OF ' . ) SS. PUMPING STATION ON PROPERTY OF R.G. COUNTY OF HENNEPIN ) BREDESON - REST POINT, LAKE MINNE- TONKA, DISTRICT 38, PLAT 43360 , PAR- CEL 9750, LOT 24 Robert G. Bredeson, being first duly sworn on oath de- poses and says that: 1. Mr. Bredeson was first contacted by Pa�.zl Johnson iri August of 1970 regarding the location of the pumping station on Lot 24, Rest Point, which lot is owned by Mr. Bredeson. 2 . In October of 1970 Mr. Bredeson was advised that he would be contacted by Robert Mann regarding an easement for said pumping station. 3. Several meetings were arranged between Robert Mann and Mr. Bredeson, all of which meetings were either cancelled or � postponed by Robert Mann. 4 . In March of 1971 Mr. Bredeson was contacted by Robert Mann. again, who indicated that it was very urgent that permission be yranted to install the pumping station before the ground became too soft. Robert Mann also indicated that the loca- tion on the Bredeson property would be much less costly than put- ting the station in the turn-around area of the road. Mr. Brede- son was informed that unless permission was granted, the land would be immediately condemned and construction would begin within 30 days . 5. On March 11, 1971 Mr. Bredeson entered into an agree- ment witti the Orono Village Attorney permitting the Village to enter on the property. The basis of this agreement was Robert Mann's promise that the pumping station would be placed in the extreme Northeast corner of the Lot 24, that the pumping station would be flush with the ground, that the power pole. would be on the lot line, that the area around the station would be landscaped to cover the stat_ ., and the area would be in the same condition as before the in�- ' � tion. The agreement provided that the easement would b� cond`. � if a settlement could not be reached. 6. The pumping station was� not put in the Northeast corfier of the lot as promised, but was 31 feet from the corner stake of the lot. The station is 28 inches high instead of flush with the ground. Instead of putting the power pole on the lot line, it was placed 13 feet into the lot. A number of small trees were damaged and the parking area was not resurfaced with gravel . When Robert Mann was ad�ised of the �above errors he agreed that the installation was wrong but stated that there was nothing he could do about it. 7. At a June 14, 1971 public hearing before the Village Counci:l, Mr. Bredeson explained to the Village Council that the pumping station was not installed as promised and left a photo- graph with the President of the Council showing that the station protrudes 28 inches above the ground level. 8. On June 16, 1971 Mr. Bredeson'a lawyers sent a letter to the Village Attorney requesting that l�ir. Bredeson be contacted regarding a settlement for the pumping station. No reply has been received. _ .. _ ... . , 9 . Ori June. 30, 1971 Mr. Bredeson's lawyers. sent another letter to the Village Attorney informing him that the installation did not conform to the specifications promised and asking that the �situation be corrected. No reply has been received. 10 . On August 10, 1971 a construction crew appeared on the property to commence sodding without discussing this or re- ceiving any approval from Mr. Bredeson. 11. On August 11, 1971 P+Ir. Bredeson's attorneys requested William Mills to cease work on the Bredeson property until a meeting would be arranged. On the afternoon of August 12, 1971 Mr. Bredeson, Mr. Mills, and Mr. Bredeson's attorney, Warren Mack, met at the property to discuss the problem... Robert Mann did not attend. 12. At the August llth meeting Mr. Mills agreed th- �he - 2 - pumpi�g station was not located flush with the ground at the corner of the lot and advised that the matter of a settlement would be considered at the August 23rd meeting of the Village Council and further advised that Mr. Bredeson propose a specific settlement offer to the Council. . . � • Robert G. Bredeson Subscribed and sworn to � before me this day . of Augus t, 19 71 . Notary Public - 3 - � I�nrnt No.5-�l-1VARRAN'1'1'UI'si'sb Minucaolx UnUorm Couvcyxncc Illauk� (6/1/97) InJiviJunl(s)lo Joinl Tcnnnls No dclinqucnt laxcs and lr.iuslcr culcrcd; Ccrlitic�ric of Rcal �statc Va(uc ( ) Glcd O not rcquircd Ccrti(icalc of Rcal �slalc Valuc No. (Dalc) County Auditor Uy Dcputy DEED TAX DUE: $ 323.00 Datc: Mav 12, 2000 (rescrvcd for recording data) rOR VALUABLC CONSIDCRAT(ON, Robert G. Bredeson and Margaret F. Bredeson, husband and wife (ut,rilal alah�) Gr.�nlor(s) hcrcby convcy(s) and warraul(s) to Barbara C�avender and Collins Cavender � Graulccs, as joiul tcnants roal property iu Hennepin Couuty, Miuncsola, dcscribcd as follows: Lot 24, in Subdivision of Lot 14, Rest Point Park, Lake Minnet:onka. PID: 07 117 23 33 0009 logcWcr will� all l�crcditamcuts and appurtcnai�ccs bcloi�ging tl�crcto, subjccl lo tlic following cxccptions: Building and zoning laws, ordinances, staL-e and federal regulations; Re�triction� relating to une or improvement oF t}�e properL-y wiCl�out etfective forfeiL-ure proviaions; Reservation of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing improvements. Clieck Uox if applicable Tl�e Scllcr ccrtiGcs that tl�c scllcr docs not lu�ow of any�vclls on thc dcscribcd real properly. O A well disclosure certi6cate accompanies this document. ❑ I am f�miliar willi thc properly dcscribcd in lhis iusln�mcnt and I ccrtify that tlic stalus and �iu�ubcr of wclls on tl�c describcd real properly l�avc nol changcd sincc lhc last prcvious filcd wcll disclosurc ccrtificatc. � R bert G. Bredeson/� (Aflix i�ced Tnx Slnmp licre) �� , p a�, ��.� i arga t E. Bre son STATE Or MINNESOTA ) ) ss. COUNTY OF Hennepin � This instrument was acknowledged Uefore me this 12th May 2000 liy Robert G. Bredeson and Margaret E. Bredeson, husband and wife V�-�1��uVl�' . NOTARTAf.ST S• RANK) Sf(iNATUltfi O�PCIZSON 'I'nKINC ACKNOWLI:I)CiMIiN'I' '''"��'''�'� LAUREL HUNT TURTINEN ►� NOTARY PUBIIC•MINNESOTA `r� � IAy Comm.E+tp�res Jan.91.2005 Chcck hcrc if psirl or nll ol'Ilic lnnd is Rcgislcrcd('foncns) ❑ �'�. '171IS INS'fIZi1MGNT WAS pRAI�Plib IlY(NAMI:Rr.AI)L)RGSS) Tnx Slnlcmcnls for Ihc rcnl pmperty dcccril�cJ in Ihia in�In�mcnt ehoulJ bc BURNET TITLE scnl lo(Includc nemc nnd nJJress nf(�rnnlcc): 201 E. Lake 5t. ?.nd P'1 . Barbara Cavender Wayzata, MN 55391 Collins Cavender 99-28427 1395 Rest Paint Road 188119h OG90�642 Orono, MN 55369 1•1111111,uVl,id villlVi�U l.lJ1lvUYcUIl.JJ1y U1�.1111.� �1i iv/ iorn:No. 5_M_WAItitAN'I'Y 1)I's1�,D --lndividual(s)lo Joinl'I'cnanls - — -- — ---- -- No delinquent taxes and transfer entered; Certificate of Real Estate Value Ofiled Onot required Certificate of.Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HBREON: $ 765.00 Date: Augus t 31 ,19 9 9 . (reservcd for recording data) FOR VALUABLE CONSIDERATION, �y M. Olson, a sing]�e_pe��on , Grautor(s), (merilai alntus) IicreUy convey(s) and warrant(s) to Collins Cavender and Barbara Cavender , Grantec(s), as joint tenan�s,real property in Hennepin County,Mii�nesota,described as follows: Lot 25 in 5ubdivision of Lot 14, Rest Point Park, Lake Minnetonka. PID: 07 117 23 33 0010 (if more�ace is nceJed,coulinoe on back) together wiW all heredit�ment��aud appurtenances belonging tliereto, subject to tl�e followii�g exceptions: Building and zoning lawa, ordinances, state and Lederal regulations; Restrictions relating to use or improvement of the property without effective forfeiture proviaions; Reservation of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing im vements. a�. Affrx Deed Tax Stamp Here wendy M. son STATB OF MINNESOTA } SS. COUNTY OF �lennepin The fore6oing instrument was acknowledged before me tliis 31st day of Auqusl-. , 19 99 , by Wendy M. Olson, a single Aerson , Grantor(s). Nolarial stamp or seal(or other liUe or rnnk) 1�� Signature of person lakine acknowledgmcut �� , M Tax Slalcmcnts for tUc rcal properly dcscribcd in lhis inslrun►cul should S��'��•��l''�� LAUREL HUNT TURTINEN be sent to pnclude natnc and address oFGrantcc): �L\� r�ara��r r�+uni tC-r.flN��,.;:rn '1 t '•'J��l, MYCnmm E.p•r.; Inr !i iup0 7'his Inst►umcat wn. Grantees: Collins Cavender � BURNET TITLE Barbara Cavender 201 E. Lake St. 2nd F1. 1405 Rest� Point Road Wayzata, MN 55391 , Orono, MN 55364 : 99-22640 0690B501 • 179709h