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Home My WebLink AboutRe: Mailbox location� � �tECE1VED � )�� ORSEY JUL 2 82016 ��JR`i_Y 8 +��I��iEY LLF CIT'Y OF ORONO ROBERT J.OLSON Partner (612)492-6549 FAX(612)340-2644 July 25, 2016 Via Certified Mail- Return Receipt Repuested David and Leslie Rudow 3380 Graham Hill Road Orono, Minnesota 55356 RE: Mailbox location at 3375 Graham Hill Road, Orono, Minnesota (the "Smith Residence") Dear Mr. and Mrs. Rudow, Dorsey &Whitney LLP represents Sherry and Jim Smith, the owners of the Smith Residence, and we submit this letter to you on their behalf. Please share this letter with your attorney if you are represented by counsel, and please direct to my attention all future communications regarding this matter. As you are aware, your mailbox is currently located on the Smith Residence land. Although you do not have any right to maintain your mailbox on the Smith Residence land, the Smiths have permitted, and will continue to permit, you to maintain your mailbox on the Smith Residence land until such time that it creates an issue, but in a location that is closer to your home. The Smiths have discussed the mailbox relocation with the appropriate officials, including the City of Orono and the U.S. Postal Service O�ce, and they have no objections to the proposed mailbox relocation. As of now, the Smiths will relocate your mailbox in its current configuration at their sole expense and at a time that is reasonably acceptable to you. While the Smiths will not relocate your mailbox without authorization, your refusal to agree to their very reasonable request will force them to seek judicial authorization and consideration of other remedies, including those related to trespass. The Smiths expressly reserve all rights and remedies. Please inform me by August 8, 2016 as to whether you have reconsidered the Smith's very reasonable offer. Very truly yours, DORSEY &WHITNEY LLP obert J. Olson Partner Copy to: � of Orono Police Department ity of Orono U.S. Postal Service Office City of Orono City Attorney DORSFY" �, 1NHItNE:'-' I...L.P WVV1N.DrRS�=Y.CO"vl - T f.i12.34G.2f.iU`0 • F 612.3�1-0.2868 SUIiF 1500 50 St;UTH S!XTH STRF..ET • !t41NNF..APOI..iS, ,141tif�lF..SO?H 55�102-1498 USA CANA�A EIJROPE ASIA . � . Robert J.Olson Partner Dorsey&Whitney LLP 50 South Sixth Street Mfnneapolis,MN 55402-1498 August 5,2016 Mr.Olson, We are i�receipt of your letter dated July 25,2016 and received on August 2,2016. This letter notifies you that we cannot grant permission to relocate the post box for 3380 Graham Hill Road. All requests for relocatfon MUST be submitted dlrectly to the Graham Hill Preserve(GHP) Association and the Long Lake postmaster for their review and approval. Your client is not authorized(nor is any other homeowner fn our private development authorized)to relocate or give permission to relocate any post box without gett(ng the pNor wNtten approml from these two entities. While we understand that your client or their representatives may have had some conversatfons with various City officfals,we have confirmed that a formal request has NOT been submitted nor has a relocation plan been approved by the appropriate officials. Also,it appears that you and your clients may not be aware of the history of how the locatfon of the post boxes were detertnined. The orig(nal mailbox locations throughout the GHP development were determined by the developer(acting GHP association at the time}in conjunction with the postmaster and was then,as ft is now,under the final jurisdiction of the postmaster to ensure no interruption or d(sruption of mail delivery to the addresses on Graham Hiil Road. Additionally,the GHP Association fs responsible for and maintains the arivate road and all easements and access points to it, and reserves all rights to do so. The mailboxes were thoughtfully posftfoned by the developer(n conjunction with the postmaster throughout the neighborhood at the inception of the development to allow for the mail carrier to easfly access the boxes dur(ng all seasons—taking into consideration snow accumulation and removal,which often resulu in large portions of snow stacked into the two cul-de- sac areas on the road. As a result,some post boxes(including the one in question)had to be placed in locations that were not on that speciftc addressee's property in order to ensure year round mail serv(ce. If they have not yet done so,we recommend that your cl(ents rev(ew and confirm the locations of ALL of the post boxes in our development. We hope that after their review,they will have a better understanding of the rationale behind the developer and post maste�'s decision for the location of the 3380 post box. In addition,the mailbox in question was placed 5 years ago in its current position as part of that original postmaster approved plan and was in existence when your cl(ents purchased their property. As such,your clients will need to submit a formal written request to both of these entities if they want to relocate the post box. Their request needs to fnclude specific details as to the exact relocation,including a site map wfth the new location cleariy marked and legal descr(ptions for easements,etc... Piease note that the GHP Association wlll not approve the proposed new location untfl AfTER the Long lake postmaster has reviewed and provided the GHP Associatfon with wr(tten confirmation ensuring that the new location w(II have year round full access to mall service. It is unfortunate that your clients felt the need to engage you or threate�legal action rather than have a verbal conversatfon. We hope that this is simply a misunderstanding and not an indicat(on of our future relationship. Regar , David M.Rudow Mr.&Mrs.Rudow 3380 Graham Hill Road Orono,MN 55356 CC: Roxie Kraai,Rhino Realty(Greham Hill Preserve Assoctatlon) George Stickney(Greham H(II Preserve Developer) Ciry of Orono U.S.Postal Service Office City of Orono City Attorney City of Orono Police Department � ► , • <� �� ORSEY GOR�=Y 8. WHITtv=Y LlF ROBERT J.OLSON Partner (612)492-6549 FAX(612)340-2644 July 25, 2016 Via Certified Mail-Return Receiat Requested David and Leslie Rudow 3380 Graham Hill Road Orono, Minnesota 55356 RE: Mailbox location at 3375 Graham Hill Road, Orono, Minnesota (the °Smith Residence") Dear Mr. and Mrs. Rudow, Dorsey &Whitney LLP represents Sherry and Jim Smith, the owners of the Smith Residence, and we submit this letter to you on their behalf. Please share this letter with your attorney if you are represented by counsel, and please direct to my attention all future communications regarding this matter. As you are aware, your mailbox is currently located on the Smith Residence land. Although you do not have any right to maintain your mailbox on the Smith Residence land, the Smiths have permitted, and will continue to permit, you to maintain your mailbox on the Smith Residence land until such time that it creates an issue, but in a location that is closer to your home. The Smiths have discussed the mailbox relocation with the appropriate officials, including the City of Orono and the U.S. Postal Service Office, and they have no objections to the proposed mailbox relocation. As of now, the Smiths will relocate your mailbox in its current configuration at their sole expense and at a time that is reasonably acceptable to you. While the Smiths will not relocate your mailbox without authorization, your refusal to agree to their very reasonable request will force them to seek judicial authorization and consideration of other remedies, including those related to trespass. The Smiths expressly reserve all rights and remedies. Please inform me by August 8, 2016 as to whether you have reconsidered the Smith's very reasonable offer. Very truly yours, . DORSEY &WHITNEY LLP obert J. Olson Partner Copy to: City of Orono Police Department City of Orono U.S. Postal Service Office City of Orono City Attorney �ORSFY & WHITNFY I_.L.F' • WWIN.DORSFY.COM • T 4a12.340.2�i00 • F Fi12.340.286$ SUITE i500 • 50 SCUTH SlXTH STREFT • �v11N�EAP01_JS, MINNFSOTA 554p1-149$ USA CANA�A EUROPE ASIA