Laserfiche WebLink
Bruce Westby <br />From: Ron Schmitz <SCHMITZ1301@msn.com> <br />Sent: Wednesday, August 30, 2017 8:41 PM <br />To: Bruce Westby <br />Cc: Charlie@gilbertalden.com; Kurt Ulrich; Joe Langel; Shannon Schmitz <br />Subject: Re: Proposed Potassium Street Aggregate Cul-De-Sac Cost -Share Amounts <br />Hi Bruce, <br />Shannon and I have reviewed the cost -share amounts and design proposed by the City of Ramsey. We believe <br />the design proposed is the best option at this point. As mentioned during our meeting on Friday, August 11th <br />we will not agree to any cost -share where we are to fund 100% of the construction. As a gesture of good -faith, <br />we will offer to contribute $3,000 to the cost of the cul-de-sac construction assuming both parties can agree <br />to terms and conditions in a written agreement. <br />Here are our arguments as to why we will only offer $3,000 to the cost of construction: <br />• First, from a legal perspective the City of Ramsey has no recorded easement on our property. <br />• Second, the city attorney has argued the City of Ramsey can claim an easement under Minn. Stat. § <br />160.05 subdivision 1. We find this implausible. As you witnessed during our meeting on Friday, August <br />11th, the City of Ramsey has not been maintaining the area in our front yard. If the city was <br />maintaining the area in our front yard, it would have graded or paved the front yard, or at least <br />removed the garbage piles that were present before our home was built. Also, the area in our front <br />yard is not of similar character or quality to the rest of Potassium St NW let alone other streets near <br />the property. Lastly, the area in our front yard does not come anywhere close to the design standards <br />in the proposed design. <br />• Third, the City of Ramsey's claim of an easement is further undone by the fact that the City of Ramsey <br />approved our construction permits in 2015, and signed off on them without the existence of any <br />easements. Our certificate of survey with no easements was approved by the city with our <br />construction plans on August 3, 2015. City of Ramsey Planning and Engineering staff held a meeting on <br />August 17, 2015 to discuss our permit application and encumbrances onthe property, and again <br />nothing arose. <br />• Fourth, the proposed cul-de-sac is not on our property though it will require a permanent easement on <br />our property. We will not pay for construction of a cul-de-sac while also giving a permanent easement <br />to the City of Ramsey on our property without being compensated. <br />i <br />