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RATWIK, ROSZAK & MALONEY, P.A. Attorneys at Law Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence J. Foy* Stephen G. Andersen** Scott T. Anderson Kevin J. Rupp Jay T. Squires*t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel Michael J. Waldspurger* Margaret A. Skelton Amy E. Mace Erin K. Munson 300 U.S. Trust Building 730 Second Avenue South Minneapolis, Minnesota 55402 (612) 339-0060 Fax (612) 339-0038 www.ratwiklaw.com Isaac Kaufman Mark J. Girouard Eric J. Quiring Stacey L. Wilson Eric L. Hedtke Sonya J. Guggemos Jennifer L. Wolf * Also admitted in Wisconsin ** Civil Trial Specialist Certified by the Minnesota State Bar Association t Real Property Law Specialist Certified by the Minnesota State Bar Association February 20,2004 Baiers C. Heeren Eckberg, Lammers, Briggs, Wolff & Vierling, P .L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 RE: Condemnation of Terrace Drive Easement Our File No. 4002(2)-0003 Dear Mr. Heeren: This is to follow up on our telephone conversation on February 18th. Your client's survey shows that the apartment building encroaches upon the road easement by .13 feet, which is 1.56 inches. You asked if the road easement could be moved slightly south so that no encroachment exists. The City's records, however, do not show any encroachment of the apartment building into the road easement. According to the City's drawings, the road easement goes up to, but not into, the area occupied by the apartment building. As far as the City is concerned, no encroachment exists. Given the City's position on this issue, further modification to the legal description should not be necessary. As for the parking lot issue, please see the attached letter from Dennis Welsch, who is the Director of Community Development for the City. Mr. Welsh states that, with the last modification to the legal description, the property will have 190 or 191 parking spaces and an appropriate setback on the south edge.