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N%-- Marshall Street Sandy Peine From: Sent: To: Cc: Subjec Paul Sandelin [psandelin @sandelinlaw.com] Tuesday, September 21, 2010 11:44 AM Sandy Peine Mike Loven; Tim Houle t: Marshall Street Page 1 of 1 Sandy: Mike Loven stopped by my office today and we discussed a road improvement project for Marshall Street which would include some drainage improvements. The drainage improvements would be constructed on property adjacent to property owned by Larry Lien and I understand from speaking with Mike that the property owner has consented to the drainage improvements being constructed on their property. We would want to obtain a utility easement from the property owner adjacent to the Lien property which is where the improvements will be constructed. Mike also mentioned that the drainage improvements are intended to correct a chronic drainage problem on the property adjacent to Lien as well as the Lien property. The drainage improvements will hopefully eliminate wash outs and erosion. There will still be drainage onto the Lien property which I understand has taken place for many years. Although ideally we would want to obtain a drainage easement from Mr. Lien according to Mike that is probably not going to happen. My advice to Mike was to proceed with the improvements and obtain the drainage easement from the neighbor. This will hopefully improve the problem with erosion and wash outs. There will still be drainage onto the Lien property but that has been the case for several years. The fact that we cannot obtain a drainage easement right now would not prevent the City from constructing the improvement because there will be no construction on the Lien property. I indicated to Mike I would forward this to you in advance of the October council meeting. Forward this on to Mayor Adams and the council members. Thank you. Paul Sandelin SANDELIN LAW OFFICE 30849 First Street P.O. Box 298 Pequot Lakes, MN 56472 Phone: 218 - 568 -8481 Fax: 218- 568 -8444 psandelin(dsandelinlaw.com This communication (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521. This communication is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this information is prohibited. If you have received this communication in error, please notify me by telephone immediately and destroy the information. Thank you. 9/29/2010