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<br />------~_/ <br /> <br />RATWIK, ROSZAK & MALONEY, P.A. <br />Attorneys at Law <br /> <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A. Maloney* <br />Terrence 1. Foy* <br />Stephen G. Andersen** <br />Scott T. Anderson <br />Kevin J. Rupp <br />Jay T. Squires*t <br />Ann R. Goering <br />Nancy E. Blumstein* <br />Joseph 1. Langel <br />Michael J. 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 />Minneapolis, Minnesota 55402 <br /> <br />(612) 339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br /> <br />Mark 1. Girouard <br />Eric J. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Kimberley K. Sobieck <br />Sonya 1. Guggemos <br />Jennifer L. Wolf <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 />May 25,2004 <br /> <br />Mr. Michael Cashill <br />Mr. Alan Spaulding <br />@ Home Apartments <br />616 Lincoln Avenue <br />St. Paul, MN 55102-0339 <br /> <br />Re: Pathway Easement <br />Our File No. 4002(2)-0003 <br /> <br />Dear Gentlemen: <br /> <br />I have reviewed with the City and its appraiser the appraisal report that you had <br />commissioned from Herman Appraisal Services, Inc. I had indicated to you in our last <br />telephone conversation when you first told me the estimated appraisal value that I thought it <br />was far too high. After a thorough review of Ms. Herman's appraisal, I have to say that our <br />position has not changed. Damages of$120,000 for a path easement are simply not realistic. <br /> <br />'iVhile I will not set fOlih a point-by-point list of our disagreements with Ms. Herman's <br />appraisal, I will say that the restricted report contains a number of inaccurate facts and <br />unsupported assumptions and conclusions. For example, there is much emphasis on the "loss <br />of privacy" because the new path will pass "within 10 feet of the building." The path, <br />however, will be over 30 feet from the building, is lower in elevation, will be screened by <br />thousands of dollars of shrubs and trees installed at City expense, and is contained entirely <br />within an existing ponding easement controlled by the City. Ms. Herman nevertheless uses the <br />"loss of privacy" as a basis to estimate (without adequate explanation or market support) a <br />permanent and significant reduction in rental income. Other factors are also used in the <br />calculation that are not explained or supported by objective data. <br />