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HomeMy WebLinkAboutRe: storm water management improvements 09/14/2009 MON 16: 21 FAX 9524760007 Peter W. Johnson 2002/003 PETER W. JOHNSON ATTORNEY AT LAW This address by appointment only: Please direct all correspondence/inquiries to: 2305 COMMERCE BOULEVARD 15250 WA'YZATA BOULEVARD,SUITE 103 MOUND,MINNESOTA 55364 WAYZATA,MINNESOTA 55391 TELEPHONE(952)475-1907 FACSIMILE(952)476-0007 EMAIL-PETERJ a..PETERWJOHNSON.COM DIRECT DIAL: (952)475-1907 CELLULAR: (612) 741-1907 September 14, 2009 Mr. Greg Engel Long Lake Properties, LLC SENT BY FAX c/o Spensa Development Group, LLC 952-404-3399 601 Carlson Parkway, Suite 350 Minnetonka, MN 55305 Re: WJM Properties, LLC; Property at 2605 Wayzata Blvd West Dear Mr. Engel: I represent WJM Properties, LLC regarding its property at 2605 Wayzata Boulevard West in Orono. We spoke briefly at the end of August regarding the storm water management improvements being made on the property of Long Lake Properties, LLC at 2687 Wayzata Boulevard in Orono. At the time, I requested copies of your storm water calculations and conveyed to you that my client had a strong preference for diverting storm water to the north so that it could flow alongside Wayzata Boulevard into the engineered drainage ditch which runs along the entire length of my client's eastern property boundary. You provided a copy of the Storm Water Management Plan on August 31, 2009. Last week, your contractor entered upon the property of WJM Properties, LLC and "daylighted" the bottom of the rain garden drain pipe onto the property of WJM Properties, LLC. This was done by excavating through the embankment on my client's property without a temporary or permanent easement and without permission or consent by my client. This has occurred before we have Leen able to receive any feedback from our civil engineer regarding the materials that you forwarded at the end of August. RECEIVED SEP 14 2009 CITY OF ORONO 09/14/2009 MON 16: 21 FAX 9524760007 Peter W. Johnson 2002/003 PETER W. JOHNSON ATTORNEY AT LAW This address by appointment only: Please direct all correspondence/inquiries to: 2305 COMMERCE BOULEVARD 15250 WA'YZATA BOULEVARD,SUITE 103 MOUND,MINNESOTA 55364 WAYZATA,MINNESOTA 55391 TELEPHONE(952)475-1907 FACSIMILE(952)476-0007 EMAIL-PETERJ a..PETERWJOHNSON.COM DIRECT DIAL: (952)475-1907 CELLULAR: (612) 741-1907 September 14, 2009 Mr. Greg Engel Long Lake Properties, LLC SENT BY FAX c/o Spensa Development Group, LLC 952-404-3399 601 Carlson Parkway, Suite 350 Minnetonka, MN 55305 Re: WJM Properties, LLC; Property at 2605 Wayzata Blvd West Dear Mr. Engel: I represent WJM Properties, LLC regarding its property at 2605 Wayzata Boulevard West in Orono. We spoke briefly at the end of August regarding the storm water management improvements being made on the property of Long Lake Properties, LLC at 2687 Wayzata Boulevard in Orono. At the time, I requested copies of your storm water calculations and conveyed to you that my client had a strong preference for diverting storm water to the north so that it could flow alongside Wayzata Boulevard into the engineered drainage ditch which runs along the entire length of my client's eastern property boundary. You provided a copy of the Storm Water Management Plan on August 31, 2009. Last week, your contractor entered upon the property of WJM Properties, LLC and "daylighted" the bottom of the rain garden drain pipe onto the property of WJM Properties, LLC. This was done by excavating through the embankment on my client's property without a temporary or permanent easement and without permission or consent by my client. This has occurred before we have Leen able to receive any feedback from our civil engineer regarding the materials that you forwarded at the end of August. RECEIVED SEP 14 2009 CITY OF ORONO 09/14/2009 MON 16: 21 FAX 9524760007 Peter W. Johnson 2003/003 Mr. Greg Engel September 14, 2009 Page 2 My client will not be giving retroactive consent to the drainage improvements which have been placed on its property. My client doesn't intend to allow the recently installed drainage pipe to remain in place. As I indicated in our initial discussions, my client would much prefer that the rain garden be designed with the outflow directed to the north and into the drainage ditch running along the Wayzata Boulevard right-of-way. I expect that it will take until at least September 20 before we are able to obtain recommendations from our civil engineer. In the meantime, please cease and desist from any further entry upon the property of WJM Properties, LLC. I would also strongly recommend against any further construction which is dependent upon or connected to the drainage improvements placed on the property of WJM Properties, LLC without permission, ery tru y rs, . Johnson PWJ/jh cc: Maurice J. Wagener Charlie Wagener City of Orono Mark Gronberg \\PWJDESKTOP\SharedDocs\aaPWJactive\Morrie's Orono\Engel Ltr(9.14-09).doc 09/14/2009 MON 16: 21 FAX 9524760007 Peter W. Johnson 2003/003 Mr. Greg Engel September 14, 2009 Page 2 My client will not be giving retroactive consent to the drainage improvements which have been placed on its property. My client doesn't intend to allow the recently installed drainage pipe to remain in place. As I indicated in our initial discussions, my client would much prefer that the rain garden be designed with the outflow directed to the north and into the drainage ditch running along the Wayzata Boulevard right-of-way. I expect that it will take until at least September 20 before we are able to obtain recommendations from our civil engineer. In the meantime, please cease and desist from any further entry upon the property of WJM Properties, LLC. I would also strongly recommend against any further construction which is dependent upon or connected to the drainage improvements placed on the property of WJM Properties, LLC without permission, ery tru y rs, . Johnson PWJ/jh cc: Maurice J. Wagener Charlie Wagener City of Orono Mark Gronberg \\PWJDESKTOP\SharedDocs\aaPWJactive\Morrie's Orono\Engel Ltr(9.14-09).doc