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Home My WebLink AboutRE: Mailbox location� � �tECEIVED (� )�� L70RSEY JUL 2 82016 °°`��=-'� � �"'T"=Y `�F: CIT'Y OF ORONO ROBERT J.OLSON Partner (612)492-6549 FAX(612)340-2644 July 25, 2016 Via Certified Mail- Return Receipt 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 Iocation 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: Ci�y of Orono Police Department �ty of Orono U.S. Postal Service Office City of Orono City Attorney l�(.)kSr:Y K �h1H11"NF:'-' I...L.N • WUJNJ.DORS�Y.CO'vl T f�12.34D.2f.iu0 • F 612.34-0.`Z.8fi8 SUITF I�:Ot) 50 StiUTH SlXTN Sl"REET '�4lNNFF+POI.JS, 141tit�1F..SU?H 554U2-1498 USA CANA�A EUROPE ASIA . � . Robert J.Olson Partner Dorsey&Whitney LLP 50 South Sixth Street Minneapolis,MN 55402-1498 August 5,2016 Mr.Olson, We are in rece(pt of your letter dated July 25,2016 and received on August 2,2016. This letter�otifies you that we cannot grant permission to relocate the post box for 3380 Graham Hill Road. Ali requesu for relocatfon MUST be submitted directly to the Greham Hill Preserve(GNP) Association and the Long Lake postmaster for their review and approval. Your client is not authorized(nor Is any other homeowner in our prfvate development authorized)to relocate or give permission to relocate any post box wfthout getting tbe prlor writMn opproval from these two entities. While we understand that your client or their representatives may have had some conversations with various City officials,we have conftrmed 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 determined. The origfnal mailbox locations throughout the GHP development were determined by the developer(acting GHP assocfation at the time)in conjunction with the postmaster and was then,as(t is now,under the flnal jurisdiction of the postmaster to ensure no interruption or dtsruption of mail delfvery to the addresses on Graham Hiil Road. Additionally,the GHP Association Is responsible for and maintains the orivate road and all easements and access points to ft,and reserves all rtghu to do so. The mailboxes were thoughtfully positfoned by the developer tn conjunction with the postmaster throughout the neighborhood at the(nception of the deve�opment to allow for the ma(I carrier to eas(ly access the boxes durfng 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 fn locations that were not on that speciflc addressee's property in order to ensure year round mail servfce. If they have not yet done so,we recommend that your cl(ents revfew 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 masters 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 originai postmaster approved plan and was in existence when your clients 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(nclude speciflc details as to the exact relocation,including a site map w(th the new location cleariy marked and fegal descr(ptfons for easemenu,etc... Please note that the GHP Association will not approve the proposed new location until AFTER the long Lake postmaster has reviewed and provided the GHP Associat(on with written confirmation ensuring that the new location wfll have year round full access to mall service. It is unfortunate that your clients felt the need to engage you or threaten legal action rather than have a verbal conversation. We hope that this is simply a m(sunderstanding and not an indication of our future relationship. Regar , David M.Rudow Mr.&Mrs.Rudow 3380 Greham Hill Road Orono,MN 55356 CC: Roxfe Kraai,Rhino Realty(Graham Hill Preserve Associat(on) George Stickney(Greham Hill Preserve Developer) City of Orono U.S.Postal Servfce Office City of Orono City Attorney City of Orono Poltce Department � • � , � �ia� � ORSEY CORScY 8 Wi�ITNEY L�F ROBERT J.OLSON Partner (612)492-6549 FAX(612)340-2644 July 25, 2016 Vfa Certified Mail-Return Receipt Reauested 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 DORSEY & WHIT"NFY I...l..l' • WWW.t�ORSFY.COM • T 612.34U.J600 • F �12.340.2.86$ SUITE. 1500 • 50 SGUTH SIXTH STRFFT � MIN��EAPOI..IS, MI(VNF50TA 55402-149$ USA CANAOA EUROPE ASIA