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Imp. Proj. #490COUNCIL Originating Department I Approved for Agenda City Manager B Kirk McDonald By: 7 -27 -92 RESOLUTION ACCEPTING EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT AT 7649 46TH AVENUE NORTH (PROJECT NO. 490) The attached resolution accepts an easement for construction and maintenance of a public improvement at 7649 46th Avenue North. Last fall the former property owner contacted the City regarding what he felt were incorrect lot dimensions. Staff research into the situation showed that the City had a road and storm sewer located on the north portion of the property where the road curves north with no easements. This spring the property was sold and staff has been working with the new owner to obtain an easement, to which the owner is agreeable. Mr. Bowe, current owner of the property, has been sent the enclosed easement for signature and it is anticipated that the signed documents will be returned to the City prior to July 27th. Staff requests that the Council approve the resolution accepting the easement. Once the easement is acquired on the south side of the street, staff will be initiating a vacation on the north side of 46th Avenue. Staff recommends approval of the resolution. MOTION BY go 6 1 1 410 Di 3iJ Agenda Section Item No. 6.8 Review: Administration: Finance: ,RFA -001 RESOLUTION NO. 92-124 RESOLUTION ACCEPTING EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT AT 7649 46TH AVENUE NORTH (PROJECT NO. 490) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That a certain easement for construction and maintenance of public improvement relating to a street and utilities has been obtained from James Richard Bowe and Jennie F. Bowe, a copy of which is attached as Exhibit A. That said easement involves certain covenants and agreements on the part of the City. That acceptance of said easement is necessary for the successful maintenance of the public street and any utilities. 2. It is hereby found and determined that this Council accepts the Easement for Construction and Maintenance of Public Improvement from James Richard Bowe and Jennie F. Bowe. Dated the 27th day of July, 1992. Edw. J~yErickson, Mayor Attest: Valerie Leone, City Clerk CORRICK & SONDRALL CORRICK LAW OFFICES, PA. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A.SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425 -5671 FAX (612) 425.5867 LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D.DERBY Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55425 RE: Street Easement - 7649 46th Avenue North (Bowe) Our File No. 99.11092 it Enclosed for your further handling please find an original Resolution Accepting Easement for Construction and maintenance of Publ is Improvement at 7649 46th Avenue North. You plan to have this matter on the July 27th Council agenda. Thank you for your help. Please contact me if you have any questions, EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT THIS INDENTURE, executed on the day of July, 1992, between JAMES RICHARD BOWE and JENNIE F. BOWE, husband and wife (herein "First Party ") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (Herein "City "). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as {herein "Property ") : Lot 10, Block 2, Winnetka Hills 2nd Addition. WHEREAS, the City is desirous of obtaining a street and utility easement over, under and across a portion of said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement over, under and across the easement tract described below, including full and free right and authority to enter upon and to make such use of said easement tract as is reasonably necessary and advisable in the construction, operation and maintenance of a street and utilities. The permanent street and utility easement herein granted is situated over, under and across a tract of land (the easement tract) situated in the County of Hennepin and State of Minnesota, described as follows: Commencing at the northwest corner of Lot 10, Block 2, Wi nnet ka Hills 2nd Addition; thence north 890 52' 45" east a distance of 24.06 feet to the point of beginning, thence easterly along a curve concave to the northeast having a radius of 346.92 feet a distance of 122.44 feet, thence south OOo 03' 00" east a distance of 20.88 feet, thence south 890 52' 45" west a distance of 117.58 feet to the point of beginning. James Richard Bowe Jennie F. Bowe STATE OF MINNESOTA ) ) ao. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of ' 1992, by James Richard Bowe and Jennie F. Bowe, husband and wife. Notary Public This Document was Drafted by: CORRIOK & SONDRALL, a Partnership of Professional Corporations 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5871 I the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: City Clerk November 27, 1991 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: 46th & Rhode Island Street Easement/Vacation Our File No. 34 -Gen. Dear Kirk: Keith A. Gordon, P.E. Orto G. Bonestroo, PE. BB one5 }' / � ®® Richard W Foster, P.E. `i Joseph C. AAnderlik. RE. R®sene Marvin L. S PE. Richard E. Turner. P.E. ® Anderiik & Glenn R Cook PE. Thomas E. Noyes, P.E. Howard A. Sanford. P.E. Robert G. Schunicht PE. A ssociates Ass ociates Susan M. Eberlin, C.P.A. Engineers& Ted K. Field, P.E. November 27, 1991 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: 46th & Rhode Island Street Easement/Vacation Our File No. 34 -Gen. Dear Kirk: Keith A. Gordon, P.E. Mark R. RoMS, PE. Rene C Plumart. A!A Richard W Foster, P.E. Robert C. Russek A.I.A. Agnes M. Ring, A.I C Donald C. Burgarat PE, Thomas E. Angus, P.E. Jerry 0 Permsch, PE Jerry A. Bourdon, PE. Howard A. Sanford. P.E. Cecdio Olivier. PE Mark A. Hanson, P.E. Daniel J. Edgerton. RE. Robert R. Dreblow. PE Ted K. Field, P.E. Mark A. Seip, P.E. Gary W Monen, PE. Michael 7 Rautmann. P.E. Philip J. Caswell, PE, Karen L. Wiemen, PE. Robert R. Pfefferk, P.E. Ismael Martinez RE. Keith R. Yapp. PE, David O. Loskota, PE. Mark 0. Wallis, P.E. Charles A. Erickson Thomas W. Peterson, P.E. Thomas R. Anderson, A.I.A. Leo M. Pawelsky Michael C. Lynch, PE. Gary F Rytandet P.E. Harlan M. Olson James R. Maland, P.E. Miles B. Jensen, P.E. Kenneth P. Anderson. PE. L. Phillip Grand III, P.E. We have completed the descriptions for the utility and street easement for 7649 46th Avenue and the street vacation for 4600 Rhode Island. Attached are the descriptions and drawings. Please call with any questions. Yours very truly, BO STROO OSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:dh cc: Steve Sondrall 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612- 636 -4600 • 35th Anniversary EASEMENT Sonostroo I I ,,, -- - Al Aosona NEW HOPE, MINNESOTA FIGURE 1 Arndorllk b 7649 46th AVENUE " Associates N EVro"n 4 Architect, K:`34 \34GEN \7649 -46A DECEMBER 1991 COMM. 34GEN 2335 Wart Highway 38 8L PuU+4 WinfM601a 55113 tl) z W W 4 STREET & UTILITY EASEMENT rq.r r r N h N N 67 52r 4S" E 24,08' 117.58 5 87 :12' 43" w 46th Avenue N LOT 10 7649 BLOCK 2 0 40 80 Scale in feet Lot 10, Block 2, Winnetka Hills 2nd Addition, Hennepin County, Minnesota A permanent easement for street and utility purposes over, under and across that part as described; Commencing at the NW corner of Lot 10, Block 2. Winnetka Hills 2nd Addition, thence: N 89' 52' 45 E a distance of 24.06' to the point of beginning, thence easterly along a curve concave to the Northeast having a radius of 346,92' a distance of 122.44'. thence S 00' 03' 00" E a distance of 20.88`, thence S 89. 52' 45" W a distance of 117.58' to the point of beginning. EASEMENT Sonostroo I I ,,, -- - Al Aosona NEW HOPE, MINNESOTA FIGURE 1 Arndorllk b 7649 46th AVENUE " Associates N EVro"n 4 Architect, K:`34 \34GEN \7649 -46A DECEMBER 1991 COMM. 34GEN 2335 Wart Highway 38 8L PuU+4 WinfM601a 55113 ♦ 'A i '" �� h h � � (� v I n om . iu >Gi t~ 46TH AVE. ` 481 CIR "' h M CL PARK r PARK 6 ✓ds' 7901 �4GD1 4700 45 L 4W 1bzk bLA 7 h 8 u jl J a �� 48TH AVE. N. 474b474°t 74 �474M •474(4.741 7� 4741 i 473 479 < 47524 4735 472.+ 4 ; 4 -471L# 4 A711 q'ro ' 471MI 47 0br47 on W 5 X106 •4 �0"�' _ P ! IC r ♦ 'A i '" �� h h � � (� v I n om . iu >Gi t~ 46TH AVE. ` 481 CIR "' h M CL PARK r PARK { VE- N. V3 W Afi& o K z 4rr3 `� Z 7 ' 1 ac W � •YGt 4S.tt.' � 6 0 4N = iC r. � 60 4bDD t a 46 THY AVE. Q 455 L d. T ,v � I ^ O u n `fS31 z 4rA8 �l c' n h w 0 AV r, N LE A VE. $ i5l 44 H P 4401 1 - < I '• h flU o -�1 4,Gt4 44u 4314 + 4z2o 4Z3 j 42 Io 4211 0 iv 1, o w 42 NO AVE. N. F A a.� it -}4,30 0 C '7 _k7ll 7th Q� 0 470-1 Z 470 t 4 • J +10 4701 T H <' > c a zr I ; •4�oq h h �4GD1 4700 45 L 4W t 7 h 8 J a �� • z z. 4 45So W ' y { VE- N. V3 W Afi& o K z 4rr3 `� Z 7 ' 1 ac W � •YGt 4S.tt.' � 6 0 4N = iC r. � 60 4bDD t a 46 THY AVE. Q 455 L d. T ,v � I ^ O u n `fS31 z 4rA8 �l c' n h w 0 AV r, N LE A VE. $ i5l 44 H P 4401 1 - < I '• h flU o -�1 4,Gt4 44u 4314 + 4z2o 4Z3 j 42 Io 4211 0 iv 1, o w 42 NO AVE. N. F A a.� it -}4,30 0 C '7 _k7ll 7th Q� 0 470-1 Z 470 t 4 • J +10 4701 T H <' > c a zr I ; •4�oq � moo •4601 �4GD1 �. 46 T H 45 L 4W t 7 6 J a �� • z 4 45So W ' y 4s a z y 4'F I� 17 cr = 417 X106 •4 �0"�' _ , Soo 44.0o r . 1 1 r 43Z i 43� i N � � 4124 1 r 4z1s 1 42-1/2 AV Z 4t �s 4 ZZD 4 71(' ROC 2 Z � 4iL � r 411 4 1 ,,, n ,� 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531 -5100 FAX o ' 2 July 13, 1992 Mr. James Bowe 7649 46th Avenue North New Hope, MN 55428 Subject: STREET AND UTILITY EASEMENT Dear Mr. Bowe: You will recall that in March and June of this year the City sent you correspondence regarding the acquisition of a street and utility easement on the northerly edge of your property for City utilities that have been in place for some time. The City had previously discussed this matter with the former owner of your property, Mr. Loren Fresonke. After the June correspondence, you stopped at the City Hall and indicated you had no problem granting the easement and I indicated that the City would prepare the formal easement documents. The City Attorney has prepared the necessary easement documents and three (3) copies of the easement are enclosed. I would request that you and your wife please sign the documents on page 2 and return them to the City Hall in the enclosed postage paid envelope. The signatures must be notarized and if it is not convenient for you to find a notary, you may bring them to the City Hall and have them notarized here. Please return all three (3) copies and I will send you a fully executed copy once the easement has been accepted by the City Council and executed by the Mayor and City Clerk. Although the easements are titled "Construction and Maintenance of Public Improvement ", it is not the City's intent to do any construction. The City merely desires an easement for routine maintenance of the street and storm sewer that are in place. When the easements are returned they will be formally approved by the City Council on July 27th and the City will then record the documents with the County. As I stated in previous correspondence, the City will assume all legal and engineering costs to prepare and record.the easement. Family Styled City For Family Living -2- Please contact me if you have any questions and thanks for your cooperation in resolving this matter. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator Enclosure: Easement Documents cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Mark Hanson, City Engineer Valerie Leone, City Clerk Project #490 4401 Xyfon Avenue North New Hope. Minnesota 55428 Phone: 531 -5 FAX June 8, 1992 Mr. James Bowe 7649 46th Avenue North New Hope, MN 55428 Subject: STREET AND UTILITY EASEMENT Dear Mr. Bowe: On March 16, 1992, the City sent you the enclosed letter regarding the possible acquisition of a street and utility easement for City utilities that are currently in place. The City indicated that we would assume all legal and engineering costs to prepare the easement and to properly record it with the County. The City requested that you please review the proposed easement documents to let us know if you were agreeable to this suggestion. To date no response has been given. I have enclosed a duplicate copy of all materials previously mailed to you and would again request that you review the information and respond. Please contact-me at 531 -5119 or stop at the City Hall if you have comments or questions. Sincerely, Kirk McDonald Management Assistant /Community Development Coordinator KM/ lb Enclosure: Easement Description /Past Correpondence cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Mark Hanson, City Engineer Valerie Leone, City Clerk Project File #490- J0 Family Styled City For Family living 4401 Xylon Avenue North New Hope. Mlnnesota 55428 Phone, 531-5100 FAX 5 z z March 16, 1992 Mr. James Bowe 7649 46th Avenue North New Hope,, MN 55428 Subject: STREET AND UTILITY EASEMENT Dear Mr. Bowe: It is my understanding that you recently purchased the property at 7649 46th Avenue North from Mr. Loren Fresonke and that you are the new owner of the property. I am sure that you are probably aware that Mr. Fresonke had contacted the City on several occasions regarding what he felt were incorrect lot dimensions (see enclosed correspondence dated 10/17/91). The City has initiated research on this situation and was prepared to recommend a solution, however Mr. Fresonke sold the property before we were able to further discuss this issue with him. The purpose of this letter is to inform you about Mr. Fresonke's past concerns, the solution recommended by the City, and to determine if you want to proceed to resolve the situation or not. 41 Last fall Mr. Fresonke had written to New Hope City Manager Dan Donahue and had discussions with Building Official Doug Sandstad regarding the dimensions of his property fronting onto 46th Avenue North. He had indicated that he felt that the lot shape, which curves on the north, was incorrect and that the builder of the home had told him that the curving, dead-end roadway would be eliminated since the street would not be extended. I am not certain as to what happened in the past, but the curvature in the lot was not eliminated and the City has a road and storm sewer located on this portion of the property. Mr. Fresonke, also felt he should not have to pay taxes on what he called "the extra property". Per Mr. Fresonke's request, the City researched this matter with the City Engineer and Attorney. In an effort to resolve both problems, the "squaring off" of the property and the acquisition of an easement for the City utilities that are in place, the City would propose that the property owner provide the City with a street and utility easement. The property would be "squared off" if the easement was provided and properly recorded. The City has followed through and completed the easement description, which is described legally and graphically on the enclosure. I am unaware as to whether granting the easement would have any impact on the taxes paid, but it would help to correct the dimensions on the property. Family Styled City For Family Living As the new property owner, would you please review the enclosed easement and let the City know if you are agreeable to this suggestion. The City can "square off" the northerly property line if you will provide the necessary easement. The City would assume all legal and engineering costs to prepare the easement and to properly record it with the County. If this solution is agreeable to you, the City will forward the necessary documents to you for your signature. Please contact me at 531-5119 or stop at the City Hall if you have comments or questions and to let me know if you want the City to proceed in correcting this past error. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosure: Easement Description/Past-Correspondence cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building official Mark Hanson, City Engineer Valerie Leone, City Clerk Project File 1490 TO: KIRK McDONALD FROM: DOUGLAS SANDSTAD DATE: OCTOBER 22, 1991 SUBJECT: OCTOBER 17th LETTER FROM LOREN FRESONKE, 7649 46th Ave. No. Mr. Fresonke first visited my office about 60 days ago to ask for a copy of any lot surveys or plats showing his lot. He felt that the city and county records were incorrect as to his lot shape, because of what the county tax people told hire. 1 showed him all of my maps, plats and graphics that he felt were in error. He had been told by the homebuilder, Glen Kuch, when his house was completed that the "curving dead end Roadway would be eliminated" since the city had decided MJt to extend streets east Lo Quebec Avenue. As the original owner, I didn't question his memory or the details. I have since checked our property files and the Winn.etka Hills and Winnetka Hills 2nd Addition plat files in vain for any indication that the street in front of his home was straightened - legally. He revisited city hall recently, during the street i;�pr�wec,on.t project involving his street. I pulled out the plans for ^roj�­r_ P�70 to refer to in his continuing insistence that our records were wror;g. Those Bonestroo plans illustrate the same lot shape as our plats and county half - sections, but they also show the roadway crossing over onto the Fresonke lot at the northeast corner. I checked this out and found no easement or right -of -way to explain it. It is possible that-the storm sewer work running from the dead -end towards the south is also across the Fr. , -ssonke lot and NOT within an existing drainage & Utility easement. The disturbed surface area is hash - marked ou the attached overlay "P ". I told him I would meet with our city engineer to discuss the situation. A week later I advised him that the work was done in the same area as the existing dead -end, per the Engineer. I briefly discussed the concept of platting with the Fresonkes, to see if they had an interest in creating a new lot on their .38 acre site; they did not. I informed him that the city may want to acquire an easement along the north and east sides of his lot, but he insists that the city "Take the curving triangle section of his lot that dose not parallel the road, as he understood was done 28 years ago. There are several reasons that we should seriously consider a plat that would include 2 lots and the street as suggested in concept on attachment "P ". I have not spoken with owner "B ", but understand that he, too, is not aware that his property line is 12 feet from the street right -of -way (south) leaving him little driveway, and a nonconforming setback. Clearly, such a plat would correct our roadway problem and the storm sewer problem, while satisfying the Fresonkes demand. for a front property line that parallel the road. Survey & legal costs, naturally, will exist whether it is handled by easements or platting or street vacation (Lot "B ") or a combination. om 72) N ( F--�1 3 ( 39) W� 6 (34) L J � CD } 7 (3 5) ~ C= 4 ( i om 72) N ( W� � N s 2 i t i� w a 1 i Problem # 3 POTENTIAL t° PLAT" 2 Lots and street Problem # 1 .,.04 Problem 1 4 Problem # 2 r i r `—� PROBLEMS: 1. Street on private property "A" 2. Storm Sewer excavation on lot "A" without easement. 3. Nonconforming building setback, corrected by this plat. " 4. Owner "A" insists on "rectangular" lot, with front line parallel the road S. 1991 Street Project #470 should not have drawn the roadway across the property line at the northeast corner of lot "A ": Such problems need to be addressed when found. 10 -22 -91 , i 2 II WOZ r ® Z > 5S ----------------- W11 ----------------- ----------- - - - - -- 0 SALVAGE AND REINSTALL BARRICADE AS NECESSARY. 1 _ . +. 1 �6 �q i 24 7' RT MH --124 CB -1248 8 +67, 15'R 0 10. 8 5 17' -12" RCP,; t CB -124A 8 +52, 32'R 9 J.60 CBMH - 4 123 2 CL. 5 0 2.00% -- - - - so ds �.��� �,°° `91 o a� j 51' - 15" RCP CL. 5 +iD 1.509: ' 9 00 91 15" RCP, I f CL. �5 ® 1.669 � t R ! .d '4 t? . , c (D c g W .:, . , c (D c October 17, 1991 City of New Hope ATTN: Mr. Dan Donahue 4401 Xylon Avenue North New Hope, MN 55428 Dear Sir: The City of New Hope has denied me the authority to permit use of the easement for the construction of road and sewer on my property. After being incorrectly taxed for so many years based on the front footage of this property, I believe the City of New Hope should rectify this problem at no cost to me with an updated survey report and the corrected dimensions. Please reply at your earliest convenience. Sincerely, Loren H. Fresonke 7649 46th Ave. No. New Hope, MN 55428 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone. 531-5100 FAX (612) 531-51 November 9, 1992 Mr. James Bowe 7649 46th Avenue North New Hope, MN 55428 Subject: STREET AND UTILITY EASEMENT Dear Mr. Bowe: You will recall that in March and June of this year the City sent you correspondence regarding the acquisition of a street and utility easement on the northerly edge of your property for City utilities that have been in place for some time. The City had previously discussed this matter with the former owner of your property, Mr. Loren Fresonke. After the June correspondence, you stopped at the City Hall and indicated you had no problem granting the easement and I indicated that the City would prepare the f ormal easement documents. The City sent the easement documents to you on July 13th for signature, but I do not believe they were ever returned to the City. I would appreciate your letting me know the status of the easements. If they have been misplaced, I would be glad to send new copies. If you have changed your mind about granting the easement, that is fine, but I would like to know the status so that this matter is not left open-ended. It was my understanding that both parties were agreeable to the easement, as the City was absorbing all legal, engineering and recording costs. Perhaps you still have the easements and have not had the time to have them signed and notarized. If that is the case, the City will provide the notary and meet with you at your schedules convenience. Please contact me at 531-5119, or stop at the City Hall to let me know the status of the easements. Thanks for your cooperation in resolving this matter. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building official Mark Hanson, City Engineer Valerie Leone, City Clerk Project #490 Family Styled City A�� For Family Living January 9, 1995 y 1S Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: September 26, 1994 Memo Regarding Executed Contracts on Various Files Our File No: 99.10000 Dear Valerie: I did not mean to ignore the enclosed memo regarding the whereabouts of executed contracts referred to therein. 1. Easement for Construction and Maintenance of Public Improvement No. 490 (7649 46th Avenue North James Bowe). Our File No: 99.11092 - this matter was initiated by the property owner. On November 9, 1992 Kirk transmitted easement documents to the property owner for their signature. The property owners have not returned the easements and it appears they are no longer interested in giving the City the requested easements. As a result, the executed easements will not be obtained,a we do not intend to bursue this matter any further 2. Ardel Engineering License and Indemnification Agreement - Our File No. 99.11111. Kirk requested the execution and return of this agreement in his August 25, 1993 letter to the President of Ardel Engineering. I do not know if Kirk has received a response to this letter, however this matter should be pursued until we obtain a signed document from Ardel Engineering. I will talk with Kirk and Ardel Engineering so we can obtain signed copies of this agreement. 3. Broadway Village Community Center Project No. 513 - Our File No. 99.11115. We have the signed documents by the property owner in our possession. We will provide you with a copy shortly. CORRICK & SONDRALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAW LEGAL ASSISTANTS MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza LAVONNE E. KESKE WILLIAM C. STRAIT 8525 Edinbrook Crossing SHARON D. DERBY Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425 -5671 FAX (612) 425.5867 January 9, 1995 y 1S Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: September 26, 1994 Memo Regarding Executed Contracts on Various Files Our File No: 99.10000 Dear Valerie: I did not mean to ignore the enclosed memo regarding the whereabouts of executed contracts referred to therein. 1. Easement for Construction and Maintenance of Public Improvement No. 490 (7649 46th Avenue North James Bowe). Our File No: 99.11092 - this matter was initiated by the property owner. On November 9, 1992 Kirk transmitted easement documents to the property owner for their signature. The property owners have not returned the easements and it appears they are no longer interested in giving the City the requested easements. As a result, the executed easements will not be obtained,a we do not intend to bursue this matter any further 2. Ardel Engineering License and Indemnification Agreement - Our File No. 99.11111. Kirk requested the execution and return of this agreement in his August 25, 1993 letter to the President of Ardel Engineering. I do not know if Kirk has received a response to this letter, however this matter should be pursued until we obtain a signed document from Ardel Engineering. I will talk with Kirk and Ardel Engineering so we can obtain signed copies of this agreement. 3. Broadway Village Community Center Project No. 513 - Our File No. 99.11115. We have the signed documents by the property owner in our possession. We will provide you with a copy shortly.