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Baiers C. Heeren February 17,2004 Page 2 2. Sewer Easement. While this easement is currently in the City's name, the sanitation pipe contained within it is operated and maintained by the Metropolitan Council. The easement was supposed to have been transferred to the Council back in 1971, but the transfer papers were never fully executed and recorded. Nevertheless, the Council has controlled the easement since that time and has recently requested that transfer of the easement be completed as soon as possible. Under these circumstances, any issues that your client has with the easement should be addressed to the Metropolitan Council. The person you can contact is Jeanne K. Matross, Associate General Counsel, at (651) 602-1108. 3. Garage Setback. The garage setback issue is entirely separate from the current condemnation action. The areas of the property with setback issues do not overlap the area along the southern edge that is subject to the road easement. Consequently, the setback issue is not properly part of any settlement agreement concerning the new road. Moreover, assuming the garage does in fact violate the setback requirements in the original ordinance, an after-the- fact variance would be required. Such a variance cannot simply be granted by City staff. Mr. Garley has to utilize the variance procedure contained in the City ordinance. 4. Temporary Construction Easement. Enclosed is a copy of the signed Easement. The City agrees that the easement expires on October 8, 2005. 5. Additional Compensation. The property damage referred to in the City's appraisal is being compensated by way of the landscaping that the City is planning and implementing. The landscape plan was discussed between the City and your client last year. Enclosed is a copy of the draft plan for your review. As for the $600 in property tax reimbursement, the City agrees to add that amount to the $60,000 already offered to your client for damages. The settlement terms, therefore, would be (1) $60,600 payment via a single check; (2) written verification from a City Inspector concerning the existence of 190 or 19.1 parking spaces; and (3) landscaping pursuant to the mutually agreed landscape plan. Please relay your client's position on this offer as soon as possible, and give me a call if you have any questions. Very truly yours, J~f1~ cc: Mr. Dennis Welsch, City of Roseville RRN1: 58804