Letter from Craig Mertz 7-9-09
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CRAIG M. MERTZ LAW OFFICE
ATTORNEY AND COUNSELOR A T.LAW
FAX: 952-975-9963 Stone Creek Town Office Complex
E-MAIL:CMERTZ@CflANHASSENLAWYERS.COM
TELePHONE: c952-975~9960
Craig M. Mertz
July 9, 2009
City of Chanhassen
Community Development Department
Attn: Angie Kairies
P.O. Box 147
Chanhassen, MN 55317
RECEIVED
JUL 1 8 2009
CITY OF CHANHASSEN
Re: Nick's Storage / 900 Stoughton Avenue / Planning Case #08-10
Dear Ms. Kairies:
I am writing to you on behalf of Jacques Gibbs, owner and operator of Progress Valley Storage
of Minnesota, LLC, d/b/a Nick's Storage.
My client's conditional use and interim use permits call for the construction of certain drainage
improvements to be located upon certain lands which ar~ owned by "Gary W. Dungey and Gary
L. Brown, LL:P", (hereinafter the "DungeyPartersl;1ip") wl1i~hlands adjoin my client's property
on Stoughton Avenue; On October 13 2008 my client.' s company and the Dungey Partnership
executed.a "Cooperation Agreement", which am.ong other things, contained the Dungey
Partnership's consent to construction of the drainage improvements and its commitment to sign a
drainage/utility easement deed, which would run in favor of the City of Chanhassen. One of the
two members of Dungey Partnership apparently now has reservations as to a) the necessity of the
drainage improvement construction and b) the necessity of signing the easement deed. At the
present time the Dungey Partnership is unwilling to allow the construction and unwilling to sign
the easement deed. As a result, my client has been unable to proceed with the drainage
improvement construction.
Please consider this letter to be my client's request to table consideration of any revocation of my
client's use permits until at least the end of September, 2009. My client would use the
intervening weeks to meet with the members of the Dungey Partnership, and attempt to resolve
the partnership's reservations concerning the construction activities and execution ofthe
necessary easement deed.
Craig M. Mertz
CMM\ptk
cc: Jacques Gibbs.
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