CCP 08-31-1992 - Laserfiche WebLink

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LAW OFFICES OF ~ and (jJmwdle. .~ ~- A PROFESSIONAL ASSOCIATION . THE BARRISTER BUILDING 1465 ARCADE STREET ST. PAUL, MINNESOTA 55106 ATTORNEYS: TELEPHONE ALF E, SIVERTSON 612-77&0575 MICHELLE M, BARRETTE HAND DELIVERED FAX: 612-778,1149 August 28, 1992 Mr. Mark Graham city Engineering Department city of Arden Hills 1450 Highway 96 West Arden Hills, MN 55112-5794 Re: 1540 Arden Place West Raymond Johnson Dear Mr. Graham: This law office has been retained by Raymond Johnson to represent his interests pertaining to a culvert pipe existing on his . property. . The city is well aware of Mr. Johnson's obj ection to the. city trespassing upon his property in order to, as the city. says, ".. .maintain an existing pUblic works structure." The culvert pipe is not an "...existing public works structure" and never has been one. The culvert pipe which was installed in the early 1940's has been vacated for many, many years and has not been in use. The city of Arden Hills has no easement of record to "maintain" this culvert. No easement appears of Mr. Johnson Torren's certificate. Yesterday, the city of Arden Hills, performed work on the culvert pipe which unplugged the culvert and caused water to rush onto Mr. Johnson's property. The culvert pipe end opens in the middle of Mr. Johnson's yard. This action was a trespass upon Mr. Johnson's property without his consent. As you are aware, just a few days earlier, Mr. Johnson and his neighbor refused to sign a Waiver of Trespass to consent to the City of Arden Hills to take the action that they did. Before we proceed to obtain a temporary restraining order against the City of Arden Hills, Mr. Johnson has asked that our office contact you to request a meeting between he, our office and the City to discuss the future use of the city of the culvert. Until such a meeting would occur, Mr. Johnson is hereby putting the City .