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HomeMy WebLinkAboutRe: excavating F l UC Stem ey 2600 Thoroughbred Lane,Long Lake,Minnesota 55356 April 15,2003 Mr.Fred Farr FARR Construction&Excavating 100 Bridge Avenue West Deleno,Minnesota 55328 Fred, The purpose of this correspondence is to provide you with the evident damage to our property from your excavating project on the west end of our property. 1. Approximately 27 cubic yard of soil has been unearthed and removed. 2. The mature roots of several 40+ year old trees have been unearthed, severed, and left exposed. 3. The dropping of trees,limbs,and branches onto our property required 3 hours of dean up. 4. The removal of trees,shrubs,and thicket is irreparable. 5. Mature trees have bark removed and have been left skinned and exposed. 6. Large limb tom off of 40+year old tree and left exposed. 7. Landscaping(shrubs)broken from fallen trees and limbs 8. Sod has been disturbed in the ditch. 9. 100 square feet of lawn had been covered with branches, limbs, and trees, and has since been removed leaving lawn in questionable status. Fred,this is what I have prepared to present to our insurance agent. Please contact me regarding how you want to handle a resolution to the damage. Sincerely, tZ even C.Hankey cc. Lyle Oman � a Farr Construction ',Jt' 100 Bridge Avenue Licensed—Bonded-Insured Delano,MN 55328 (763)972,300 May 1, 2003 Mr. Steve Hankey Miller Brewing Company 2600 Thoroughbred Lane Long Lake, MN 55356 VIA CERTIFICATE OF MAILING Re: RESPONSE TO LETTER OF APRIL 18TH,2003 AND CONFIRMATION OF PREVIOUS DISCUSSION Mr. Hankey, As follows please regard our response in chronological order to your letter of April I e, 2003. 1. No soil on your property has been unearthed or removed. No soil from the entire jobsite was removed. 2. A small amount of tree roots may be left unexposed but they are not on your property and they are as a result of the concrete foundation that was removed. 3. The only dropping of tree limbs and branches on your property that required cleanup was more than likely due to your trimming your own trees with a chain saw on your property. 4. We didn't remove any of your trees, shrubs or thicket. 5. I am not aware of any tree bark that that has been removed, skinned and exposed. 6. The only tree limbs that I am aware of that have been torn off and left exposed are the ones that you cut with a chain saw. 7. Not one single shrub was broken on your property. 8. We did not utilize the ditch between your property and the road. 9. Duplicitous of item 3. Mr. Hankey, after speaking with Mr. Lyle Oman the City of Orono Building Inspector I contacted you to address your concerns about our work at the property adjacent to yours. I asked you to please furnish me with a copy of your survey so that I might come out and evaluate your allegations of damage to your property. You refused to give me a copy of your survey. Mr. Oman and I met at your property the next day to evaluate your allegations. We meticulously observed the physical status of your property relative to your allegations. I also took numerous photographs of your property at the time.Neither Mr. Oman nor myself observed any of the damage as described by you in your April 15, 2003 letter. After my meeting I picked up a few small twigs on your property that I believed were a result of your carving branches off your own trees. I later had an impromptu meeting with you out on your site approximately two days later and asked you to identify the damage that you alleged our company had caused to your site. We looked at the trees, shrubs etc. and you could not point to one thing. In closing you stated that I had talo out a tree of yours and I asked you to identify it for me. You could not.I than asked you to send me any pictures that you might have of this tree and you said that you would send them. As of today's date you have not sent me any pictures. Mr. Hankey, we will not be making a claim to our insurance company regarding your allegations because we believe they are without merit.I have asked you time and again to show me evidence that supports your allegations and you have not provided any. I have photographed the entire are in question along with Mr.Haw's survey in support of our position. For the record,if you commence a frivolous lawsuit in an attempt of unjust enrichment we will seek all to recover all costs associated with your bad faith action. Keep in mind your going to have to explain to the judge how you chain-sawed your trees from the top .and let them rip from the bottom to make them look like they were damaged. If our company had broken your tree limbs they would have a rough break from the top and not a clean cut. Also the fresh snow belies your ingenious assertions of 3 hours of clean up work on your site as do the pictures of all your shrubs and the property survey. Sincerly, Fred Farr Pc Lyle Oman Pc Doug Havir Pc John Ganley esq. j T 2600 Thoroughbred Lane,Long Lake,hinnesota 55356 April 15,2003 Mr.Fred Farr FARR Construction&Excavating 100 Bridge Avenue West Deleno,Minnesota 55328 Fred, The purpose of this correspondence is to provide you with the evident damage to our property from your excavating project on the west end of our property. 1. Approximately 27 cubic yard of soil has been unearthed and removed. 2. The mature roots of several 40+ year old trees have been unearthed, severed, and left exposed. 3. The dropping of trees,limbs,and branches onto our property required 3 hours of dean up. 4. The removal of trees,shrubs,and thicket is irreparable. 5. Mature trees have bark removed and have been left skinned and exposed. 6. Large limb tom off of 40+year old tree and left exposed. 7. Landscaping(shrubs)broken from fallen trees and limbs 8. Sod has been disturbed in the ditch. 9. 100 square feet of lawn had been covered with branches, limbs, and trees, and has since been removed leaving lawn in questionable status. Fred,this is what 1 have prepared to present to our insurance agent. Please contact me regarding how you want to handle a resolution to the damage. Sincerely, ISteGve;n;C.Hankey cc. Lyle Oman Farr Construction 100 Bridge Avenue Licensed—Bonded-Insured Delano, MN 55328 (763)972-3005 June 5, 2003 LA Mr. Steve Hankey Miller Brewing Company 2600 Thoroughbred Lane Long Lake, MN 55356 VIA CERTIFICATE OF MAILING Re: CONFIRMATION OF TELEPHONE CONVERSATION Mr. Hankey, As follows is a summation of our telephone conversation on or about May 21, 2003 when you called in response of my May 5a', 2003 letter to you. You said that you would consider this whole issue settled if- 1. f1. We repaired alleged lawn damaged by our work activities in the ditch in front of your property. 2. We installed soil over the small amount of tree roots that were exposed. 3. We would agree to take down a tree on your property because you thought that that it might fall down on your property in a storm. You said that this would satisfy all your claims and agreed to send a written proposal signed by you confirming the aforementioned. I went out to the Havir property that abuts your property to the West on June 4th 2003. After carefully considering the abovementioned items 1-3 our position is as follows: 1. Our company did not damage your lawn in the ditch area or anywhere else for that matter. We did no work on your site with any equipment,during the winter, on top of snow cover that could have damaged your lawn. There is no evidence of new sod, new grass shoots or lawn repair visible. Consequently if there are no signs of repair or visible damage we did not damage your lawn. Your yard was again photographed and these photographs visibly support our assertions. 2. Black dirt was installed over the area where a small amount of tree roots were showing. All of the trees on your property were in full leaf, not wilted and in excellent condition. We took photographs of the trees also. Y 3. We will not be cutting down any trees on your property. If a tree blows over in a storm it is not our fault. Many trees are leaning onto your property. We have no control over and are not responsible for removing any trees because you think they might fall over when we did no damage to them. Because you failed to respond to us as promised we are responding to you. Sincerely, Fred Farr Pc Lyle Oman Pc Doug Havir Pc John Ganley esq.