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<br />RATWIK, ROSZAK & MALONEY, P.A. <br />Attorneys at Law <br /> <br />Eric 1. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Kimberley K. Sobieck <br />Sonya 1. Guggemos <br />Jelmifer L. Wolf <br />Dawit Haile <br /> <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A. Maloney* <br />Terrence J. Foy* <br />Stephen G. Andersen** <br />Scott T. Anderson <br />Kevin 1. Rupp <br />Jay T. Squires*t <br />Ann R. Goering <br />Nancy E. Blumstein* <br />Joseph J. Langel <br />Michael 1. Waldspurger* <br />Margaret A. Skelton <br />Amy E. Mace <br />Isaac Kaufman <br /> <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Mimleapolis, Minnesota 55402 <br /> <br />(612) 339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br /> <br />* Also admitted in Wisconsin <br />** Civil Trial Specialist <br />Certified by the Minnesota <br />State Bar Association <br />t Real Property Law Specialist <br />Certified by the Minnesota <br />State Bar Association <br /> <br />October 7, 2004 <br /> <br />Mr. Dennis Welsch <br />Community Development Director <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br /> <br />RE: Condemnation of Pathway Easement <br />Our File No. 4002(2)-0006 <br /> <br />Dear Mr. Welsch: <br /> <br />I recently had another telephone conversation with Alan Spaulding, one of the owners <br />of the Terrace Park Apartments where we are seeking a pathway easement as part of the Arona <br />project. You will recall that the City's appraiser appraised the damages to the Terrace Park <br />property at $20,200. Mr. Spaulding hired Herman Appraisal Services, which estimated total <br />damages at $124,300. Mr. Spaulding had said earlier that he felt his appraisal was too high and <br />was willing to resolve the issue in the $60,000 to $70,000 range. In my most recent <br />conversation with him, he indicated that the pathway is mostly finished and that it "does not <br />look as bad as I thought it would." He indicated again that he does not wish to litigate this <br />issue, but still feels that the City's proposal of $20,200 is unreasonable. I therefore asked him <br />for a new settlement demand given his improved viewpoint on the project. He responded that <br />he would take $35,000 in order to settle this matter without litigation. He then stated that he is <br />not starting high to go down, but rather is putting a number out there that he feels is reasonable. <br /> <br />My take on the conversation is that he would in fact accept less than $35,000 but he <br />feels that $20,200 is too low, and he has spent thousands of dollars on the appraiser, which he <br />sees as an out-of-pocket expense that was necessary and for which he should be reimbursed. I <br />suspect that this would probably settle for something in the neighborhood of $30,000, perhaps <br />