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Letter from Page Law Firm 09-11-2014H. KELSEY PAGE, ESQ. V Mr. Todd Gerhardt City Manager City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 PAGE LAW FIRM 5101 THIMSEN AVENUE SUITE Zoo MINNE- "ONKA, MINNESOTA 55345 September 11, 2014 4 -C) TELEPHONE: (952) 474-4406 FACSIMILE;: (952) 474 -5270 page.kelsey@gmaii.com Re: Notice of Claim Pursuant to Minnesota Statutes Section 466.05; My Client: Mr. Paul A. Seeman; Boulder Cove Development — Lennar Corporation Dear Mr. Gerhardt: I communicate with you as attorney for Mr. Paul A. Seeman, Chanhassen resident at 6330 Church Road. The City is hereby advised pursuant to Minnesota Statutes Section 466.05 that Mr. Seeman makes claim against the City of Chanhassen in on amount over Fifty Thousand Dollars ($50,000.00). This claim is for misconduct of the City Planning Department, City Council and potentially other City employees and/or departments. The factual basis for this claim as far as can be determined at this juncture involves the following: 1. City staff willfully failed to make a bona fide effort to notify residents within 500' of the Boulder Cove Development of the application tendered to the City by Lennar Corporation for subdivision and variance in violation of Chanhassen City Ordinances Nos. 18 -39 and other applicable ordinances and State Statutes. 2. City staff failed to verify the list of residents within 500' of Boulder Cove submitted by Lennar Corporation to the City for compliance with City Code Sections 20 -517 and 18 -37 regarding public hearing. 3. City staff misrepresented to the Chanhassen Planning Commission that all residents within 500' of Boulder Cove has been mailed notice of Planning Commission Meeting of April 1, 2014. No bona fide attempt was made to notify Mr. Seeman. 4. The City staff failed to provide Mr. Seeman with notice of City Council proceedings regarding plat approval/subdivision of Boulder Cove. Mr. Seeman was entitled to notice as within 500' of said development. 5. The City staff failed to verify Lennar Corporation met with residents within 500' of Boulder Cove development. No notice was received of any such meeting by Mr. Seeman. This was a violation of Chanhassen Ordinance, No. 18 -39. 6. The City staff willfully failed to assure residents in close proximity to the proposed Boulder Cove development were noticed and met with by the developer Lennar Corporation as required by City Ordinance, No. 18 -39. 7. The City staff failed to verify that proposed development signage was conspicuously placed on the Lennar Corporation premises as required by City Ordinance Section 18 -39. 8. That the City granted subdivision, including variances which negatively affect W. Seeman's property. Due to an enormous increase in traffic on Church Road, substandard for the increased traffic. I have advised my client that actions taken by City staff violate City Ordinances. Please rescind that plat approval and variance approvals and require Lennar Corporation to resubmit plans for development in strict compliance with Chanhassen ordinances. I have advised my client that he has rights and remedies, including but not limited to commence litigation against both the City and Lennar Corporation for damages and injunctive relief. Mr. Seeman's property has clearly been devalued by the City approvals with traffic, noise, pollution, etc., all allowed beyond the zoning for the area. Please advise what actions that City plans to take to rectify the improper grant of subdivision and variance. If I do not hear back from you in short order, I have been authorized to and will exercise available remedies. Very truly yours, PAGE LAW FIRM H. Kelsey Page cc: client Lennar Corporation, Attn: Jablowski/Tabone ajk Netw/Se w/Gerhwdt, Todd 9 -11 -14