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03/19/1981 - City Council Special (2)
SPECIAL CITY COUNCIL MEETING MARCH 19, 1981 7:00 P.M. EAGAN CITY HALL I. ROLL CALL II. ADVISORY PARK COMMITTEE A. Bicycle Trails B. Development of Parks C. Park Dedication D. Advisory Parks & Recreation Committee Objectives E. Other III. OTHER 2 0 r • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR • Marcn 13, 1951 FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: JOINT CITY COUNCIL/PARKS AND RECREATION COMMITTEE MEETING Tom, I've met with the officers of the Advisory Committee to review agenda items/issues which the committee wishes to discuss; as follows: BICYCLE TRAILS: (1) General acceptance of the trails plan by the council. (2) Approach to the remainder of the trails. (3) Funding of the trails program. (4) Type of trails or minor collector. (5) Where do we go from here. DEVELOPMENT OF PARKS: (1) What do the Council members feel the community wants in terms of parks development. (2) Parks master plan. (3) Bond issue for parks development. PARK DEDICATION: (1) Discussion to focus on an annual review of cash dedication/ review of formula. ADVISORY PARKS AND RECREATION COMMITTEE OBJECTIVES: (1) Review of Council input/suggestions. OTHER: The Advisory Committee would like to keep the meeting as informal as possible to promote a good dialogue between the two groups. June 1981 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR ADVISORY PARKS AND RECREATION COMMITTEE FROM: MICHELLE CORDS, PRACTICUM STUDENT KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: BICYCLE TRAIL SURVEY Title: Survey of bike trail usage on the Highline Trail Purpose: The purpose of this survey is to determine the amount of, type of, and reasons for usage on the major bike trail extending from Nicols Road to Lexington Avenue; commonly referred to as the Highline Trail. The reason this site has been chosen is due to the extent of the system, as compared to the much shorter trails in the City of Eagan. In addition to determining numbers, this survey will also serve as an insight as to the users' opinion of the present trail and the system's future, whether users' bikes are registered, if illegal modes of transportation are being used, and what types of users are on the trail in terms of age, single or in groups, joggers, bikers, hikers, or other. It is the department's hunch one will be able to find consistency as to why people use the trails, and what neighborhoods most frequently use them. A survey of the type proposed is very timely, as the data gathered can be used for many purposes. One of the strong points about this survey is that it is designed to -be used in the future on a recurring basis. This is very instrumental in monitoring user trends; whether the trails are continually being more heavily used as the trail system expands. Another use for this survey is that the department will obtain some insight as to whether or not users will support the continued expansion of the city- wide trail system by participating at public meetings and/or special trail campaigns. Finally, this survey should provide the department with a substantial informa- tion base to support the continued funding of the bike trail system. Definition: For the purpose of this study, Bike Trail will be defined as those routes specifically designed for use by bicyclists, but also including other compatible uses like joggers and hikers. Null Hypothesis: There is no difference in the number of cyclists using the bike trail at a given time; and there is no difference in the objectives and opinions of those persons using the bike trail. Bicycle Trail Survey - Memo Page 2 Sources of Data: The department has selected three modes of data gathering: 1. Personal observations. 2. Personal interviews with users. 3. Photography Method: Observations, Interviews, $ Photography To carry out the survey, a staff person will be stationed at different locations along the trail, at various time periods. The intent is to cover a cross- section of a full week, with each user -day consisting of twelve hours, be- ginning at 8:00 A.M. and ending at 8:00 P.M. While on the trail, the surveyor will conduct three modes of data gathering. First of all, an observer's tally sheet will -be used to count numbers and ages of users, types of users, and groupings of users at a given location, at a given time segment. The second mode of data gathering will consist of direct interviews with users. Since it will be difficult to effectively interview every user observed, this mode will be conducted as time allows. The intent of the interview process is to gather input from the public about the Highline Trail. Types of information to be gathered include: A- Type of user yc ist,Fiiker, jogger, other Illegal users Registered bikes Single, couples, small groups, family Ages B= Neighborhood of user C- Why user is on the trail Recreational,transportation to destination area, alternative form of transportation. D- Does user like the trail and why E- What's user's perception about completing city-wide system Are users supporting the trail Will users participate in public meetings concerning the trails F- Further comments The final mode incorporated into the survey process, involves -taking photographs/ slides along the trail. Elements to be included are: 1. Signage 2. Access to schools and parks 3. Action shots of users 4. Scenery and vistas seen from the trail S. Variety of terrain 6. Problem areas on the trail Following, are exhibits of both the observer's tally and the interview question- naire to be used, along with a location map of the Highline Trail. OBSERVER'S TALLY SHEET Make a mark on all that apply) Totals CYCLIST JOGGER HIKER OTHER(specify) ILLEGAL MODE OF TRANSPORTATION (specify) REGISTERED BIKE Yes No SINGLE COUPLE SMALL GROUP FAMILY DATE: TIME: LOCATION: NO: Questionnaire: Age Male/Female_ Neighborhood where you live How often do you use the trail?_ Do you like the trail, if so why? Do you use the trail as a destination route to work, school, shopping, recreation, exercise? Do you support the trail system? Why? Would you be willing to participate in public meetings? How can the trail system be improved? If bike is not registered, tell user they can obtain one through the state. Do you have further comments? DATE: TIME: LOCATION: '1 ID A� 4 `� \li Cn($Tn10tF S\i /' CSLNrME_LA rF�1u+��s�Nmc[ �- ^L y0 °I'PrVP I' o�' eT .," ii ii a•/r: C,L C ' nd[C�M�R.n¢ t Ic Ice /� ° c• xoclrts.. `\✓\ .J` ..' 1 0 ¢ Cte gt a +_ E_� 'e r ° w•®,j� i l �,i" __ 4'i�i irvl[. jxoa. MVOONAL'(/.' C a n[W •� � '•' ,r� N / P ' � ej`�)' P cmx � .Nexo 'Ix. ®� ¢ � I.•` -•>i. t N°w , ti(c�_` \�Y. �iN°u1• P l I�9 LJ�Jlt91 ® o[t oR '" �,� �2— ��...L`[,:h _ .<.u.,ar• 3 000 _ .-_ a--b•—___.fit__ 4p N[ rl[— ,�..�s •.xm+r O•r�:'_r� 11 loR "..r nannn 'u H IRNFL N / ° 8 �V', /t[wyNe� ea r[6x�¢�-y`aldRxV//, i¢^ LL l; pO �(�Pd /P/i.Yi n (I.J V" > b rll f(`Cr l ➢� .�.J �s .�..', 1 I •�K,V {['f fdGdN 'S `, ¢ti r1 T{ ♦00D m C[OR 61Q TO Yl , rr g CIb��,kx 1�� I xxl �e`-� r4 ILJ/ 1¢��- l�~I xf ao u fY 1.. ¢ _ I RIocC� _ m / "y / > _ ° ° and WS L r� M00-'V� i F/VFR �I CS YS'Y'J""' 9 /p rOn ¢�l�x —G�. J /n I � _ .r .� a I-•- I� y „ _�?!f `° ; OY<a /41jL'• Rs X911&� !�'q:. / oR Q8 ow 9 wxU".I j �s^IT Q m 1 III \Iw &•__� / /I J ¢ . I it 1 I I ul not°• I iL - Y _ - _ __ __ a ne s 1' u��'Inr! .tY✓ ° �l�'y^aa eP�OG E.O.LA I oy \P�1 li B a1°i iJ: �� Y"j�,Ij `y aY _ o• dGFnfw n$ tea `� i1 40[F IRK �4 ,te� ,•.I °, i �i'j 9^: �1".'+„A° :; � �,. /' M [y,M1w'° I w 111 8 v,(nNd � 6✓.4 PI N-s.4[Y \ I't 4 Pl I,-Y[.SI:,M pP1 1. _s N BU/MIN L \V.. : IW° PI -u AVER r yY�% . r[xN Pr n. rnxV[Rs p N rl��fy z-F°P[vuo It 16-sonxu r 6 osR¢ IT r ie i Bike Survey - Memo Page 3 Results: The department spent a great deal of time on the Highline Trail during the latter part of April and the month of May. For the most part, the results are very positive, but in relation to numbers of users, it is felt many limiting variables must be considered as they reflect the data to a large extent. If these variables could be overcome, user figures would probably be much higher. Following, are the limiting variables to be accounted for: A. The survey was conducted in the spring of the year. Consequently, inclement weather played a major role in shaping the results. Many days were quite chilly and windy, thus decreasing the number of potential users who might use the trail. B. In conjunction with spring weather, it should be noted school is still in session, thus during school hours, numbers of users are greatly de- creased. Also evidence shows weekends and after school hours to be more heavily used, thus supporting this statement. C. Since only one staff person carried out the majority of the survey, it is inevitable all segments of the trail could not be monitored at one time, and since not every user rides the whole trail each time, many people were probably missed. D. All results were averaged according to time segments. Thus, days of inclement weather were averaged along with peak days; the outcome being lower averages than could be expected if all days were peak days. E. Some segments of the trail are more heavily used than others. Conse- quently, on days when the surveyor was stationed on "quiet" stretches of the trail, numbers were considerably less. F. During the survey process, it was observed many users pass along the same trail segment a number of times. The surveyor did not account for this each time the user passed. Rather, the user was only accounted for once. G. Trail users were only accounted for when they specifically used the Highline Trail. This means trail segments feeding into the trail or segments connecting schools directly to neighborhoods, were not tallied. H. Hours before 8:00 A.M. and after 8:00 P.M. were not surveyed. If those hours were included, especially during long summer days, numbers would probably increase the daily averages. Awareness of the above constraints is essential to the analysis of the data gathered. The survey figures are.only valid within theig yen circumstances. Later surveys may indicate higher results should some or all of the above variables be overcome. Following, is the synthesized data collected by the surveyor, along with necessary explanations where appropriate. Average Number of Trail Usersh hr. Average Week Day 8:00 AM 7.5 8:30 7.5 9:00 1.13 9:30 1.13 10:00 1.3 10:30 1.63 11:00 1.33 11:30 1.55 12:00 1.3 12:30 .85 1:00 .85 1:30 .85 2:00 .85 2:30 2.14 3:00 3.5 3:30 3.5 4:00 3.5 4:30 4.75 5:00 5.54 5:30 6.4 6:00 6.4 6:30 6.4 7:00 6.4 7:30 5.84 TOTAL 82.14 Average Weekend Day 8:00 AM .5 8:30 .5 9:00 3 9:30 3 10:00 3 10:30 3 11:00 5.25 11:30 5.25 12:00 5.25 12:30 5.25 1:00 5.5 1:30 5.5 2:00 5.5 2:30 5.5 3:00 6.4 3:30 6.4 4:00 6.4 4:30 6.4 5:00 6.4 5:30 6.4 6:00 7.25 6:30 7.25 7:00 7.25 7:30 7.25 TOTAL 123.4 PEAK USER TIMES: WEEK DAYS $ WEEKENDS/� hr. Weekdays Weekends----------------- M Bike Survey - Memo Page 4 Data shows the average weekday has approximately 82.14 users/day at one location, while the average weekend has. 123.4 users/day at one location. Thus, weekly projections would be: 82.14 x 5 days = 410.7 123.4 x 2 days = 246.8 657.5 users/week These figures reflect usage for the spring of the year. Summer projections would most likely reflect this formula: 123.4 x 7 = 863.8 users/wk. At one location The flow chart illustrates evidence of peak user times. on weekdays, it can be seen usage occurs before school and progressively increases during after school hours and into the evening. Weekends, on the other hand, indicate a progressive increase throughout the day. Reasons for the extremely different flows are primarily due to the presence of school and work hours occupying a major portion of each weekday vs. the extended periods.of free time characteristically seen on weekends. The total number of users observed in the survey process was 322. A breakdown of types of users follows: 21-M 13-F 9-M 3-F 4-M 69.M 2-F 31% -F 78 Cyclists Joggers Hikers Illegal 6 No. 231 38 49 3 (1 mini bike) % 72% 12% 15% 1% (2 horses) In terms of users with pets, tabulations were made to provide insight as to the percentage of users who walk their pets and whether or not pets are leashed while on the trail. Following are the results: Hikers 3300- were walking dogs Joggers 11% were jogging w/dogs Of those, 71% were not leashed. All were on leashes. Groupings of users indicate the followiu: Single Pair Small Group Family 112 52 18 14 Ages users were tallied by age groups as well as by sex. Data indicates the largest group falls between the ages of 11-20, followed by children under 11; although it can be seen all age groups were represented. In terms of sex, 69% of the users were males, while 31% of the users were females. .,..Lw. ..r 11 by ORP F Sez Under 11 11-20 21-30 31-40 41-50 Over 51 53-M 25 -M 82-M 20-F 28-M 25-F 21-M 13-F 9-M 3-F 4-M 69.M 2-F 31% -F 78 102 53 34 12 6 27.4% 1 35.8% 18.6% 11.9% 4.2% 2.1% Bike Survey - Memo Page 5 Of those users interviewed, 82% lived within one-half mile of the Highline Trail, while 1.5% lived within one mile, 6% within 2 miles, and 10.50" were from out of town. It can be expected,that the majority of users live with- in close proximity to the trail, as it is readily accessible. The interesting figure to note is the percentage of out-of-town users. More specifically, these users were from Burnsville and Rosemount. Of the cyclists interviewed, 87.5% did not have registered bicycles. Although it isnot mandatory to have a bicycle registered, staff did inform each user where they could go to get their bicycles registered by the State. Following, is a breakdown of how often users are on the trail. Dail 2+/wk 1/wk 1/2 wks. Less than every 2 wks. 26.3% 26.3% 14.5% 14.5% 18.4% It can be seen well over 50% use the trail moire than once a week. Conversely, many users interviewed were on the trail for the first time. Of those, all were pleased with the trail and said they would use it more often in the future. All users interviewed liked the trail and were very excited about the possibility of a city-wide system. 41% stated they would be willing to attend public meetings concerning the bicycle trail system if given proper notice. Reasons stated as to why users like the trail, include the following. 1- Off the road and away from traffic, thus adding to safety and limiting noise and congestion. 2- Natural setting with a variety of ecosystems. Is very scenic with beautiful vistas. 3- Wildlife observation and bird watching opportunities. 4- Smooth riding surface with interesting terrain. 5- Convenient and close to home, thus readily accessible to users within close proximity to the trail. 6- Accessibility to parks and schools. 0 ... nne fnr Mina the Trail Exercise 35% Recreation 40% School 21.6% Work Shopping 1.7% Church 1.7% Users indicated if the system were ex- panded, there would be more opportunities to use the trail system as a destination route for shopping and work. Also, extending the trail all the way to the zoo would make it more accessible to trail users. Improvements to the trail, as cited by users, includes the following. 1- Expand the trail system; especially a connection to the new zoo and on east side of Pilot Knob Road to the shopping center (PDQ). 2- Hilly terrain in much of the existing system. With further expansion, include some routes with more level terrain. 3- Consider a safety crossing on Pilot Knob Road. During summer school, mothers take turns patrolling the crossing. Suggested remedies by users: Bike Survey - Memo Page 6 Stop light or over pass. 4- Enforce horses and mini -bikes to keep them off trail. Surveyor observed 1 mini -bike and 2 horses while on the trail. 5- Correct or sign sharp turn at entrance to trail west of Thomas Lake Road. Further comments offered by users include: . 1- Installing park benches near Thomas Lake Park and at intervals along the trail as resting points. 2- Accessibility to snowmobiles. 3- Consider an exercise trail in conjunction with the bike trail. 4- Impressed with the trail and its natural setting. Conclusion: Based on the data gathered in the field, the department concludes the bicycle trail survey was a very timely study. Actual numbers were tallied to analyze the amount of usage at a given time, on a given day. The interview process involved user input which in turn generated valuable geographic information, users' perceptions concerning the trail, and suggested improvements. Further- more, the interview process was good public relations between users and parks department staff, as many questions concerning the trail and the parks system in general could be answered. This report is of great utility to the department, as it can be used as support material for the further expansion and funding of the trails system. Also, suggested improvements, enforcement, and/or added amenities to the trail, as cited by users, can be used as a guide to further trail design and mainte- nance practices. Recommendations: Should this survey be conducted in the future, it is recommended steps be taken to control some of the limiting variables this survey was faced with. For instance, a survey taken during the summer with more than one staff person on the trail at a given time., may yield much higher and more accurate results in terms of numbers. As an addition to this survey, it may prove worthwhile to conduct a Phase II approach to gain data as to why bicyclists, joggers, hikers, etc. do not' use the trail. This would be a more difficult task, but none the less, very timely. Recommendations for locating and conducting a survey of this type may include: 1- Identifying high biker -jogger -hiker routes within the,community other than the trail, as survey locations. 2- Consider shopping center locations. Note: As previously stated, photographs/slides were taken along the trail. These slides will be available upon request at the parks and recreation office. MEMO TO: ADVISORY PARKS AND RECREATION COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS A.ND RECREATION RE: COMPREHENSIVE MASTER PARKS PLAN Background: There has been general discussion by the committee and staff concerning the need for a City Parks Master Plan. This memo is in response to a request from the advisory committee to provide information regarding a master parks plan. This report is simply a brief overview of the process involved. At a later date, a detailed, supplementary report will be pro- vided upon demand. The term "master park plan" usually generates a variety of interpretations as to just exactly what a master plan is, its purpose, and its content. There is no exact definition that carries the same meaning for each indivi- dual. Nor is each master plan similar in the way it is prepared from community to community. Nevertheless, there are some commonalities that do exist in the process of each and every master plan. Following, is a brief outline of those basic factors homogeneous to a parks master plan. Master Plan Utility: A master plan evolves from an inventory and analysis of the community, and particulary from its existing parks system. The analysis is used as a starting point - the factual information that can be used as a statistical data base. Factors commonly under analysis are: A. Natural features such as water and wetlands, topography, woodlands, B. Sites of historical significance C. Population characteristics, such as current and projected populations, densities, composition, income, economic base within the community D. Transportation utilities and accessibility E. Inventory of existing park system, such as acreage, distribution, development, type of facilities, popu- lations served. The analysis will also look at quasi -public and private resources which have an impact on the park system and its future growth. 1. The utility of this type of information is highly apparent in master planning. For instance, a detailed inventory of existing parks, when matched against established national standards for parks, will indicate to the City existing deficiencies in the park system, thus providing a data base upon which improvements can be made to achieve the desired ratios of parks and facilities per given population. 2. To identify with greater accuracy each park's purpose and intent, the master plan is designed to identify the various parks by classification: playfields, tot lots, special facility, reserve area, conservation, etc. rather than utilizing the generic term of parks. 3. The master plan is a system plan. It seeks to integrate "individual parks" and open space of different characteristics into a "whole" integrated unit which seeks to capitalize on the advantages of each park's positive characteristic. This brings each park into a complete network of parks rather than to treat parks as individual units which have no relationship to each other. Links, such as trailway connections, may be addressed at the same time to illustrate how parks can become r% Comprehensive Alaster Pariks Plan - Memo Page 2 a true network. 4. The system -wide master plan addresses recreational opportunities in programming to insure the physical facilities are planned for adequately meet the desired level of programming required/and/or desired. 5. The master plan predicts future needs and will identify deficiencies in the existing and future deficiencies based on the City's rate of growth.. It will help to prioritize these needs, quantify them, and relate them in an orderly manner. As a prediction of the future, the study looks at such issues as zoning, growth factors, schools, existing policies, and public/private lands since future needs can only be projected, it is necessary such predictions be updated at least every 5 years to 'absorb any changes which may occur. 6. A master plan, although it is a document, is arop cess of involvement and input. Neighborhood groups, special interest groups, elected and appointed officials, and informational support data, can all provide input into the plan. The actual process of working on the master plan on a community -wide basis helps to more fully define it, its product, and its implementation. It is, thus, the responsibility of the professional consultant who prepares the master plan to be skilled at integrating these inputs into a plan which is in harmony "with" the community rather than "for" the community. 7. The.master plan is part of a workrp ogram and administrative tool for parks development. The "plan" portion is then followed by specific site plans which is then followed by detailed design and construction documents. The master plan is not a collection of individual "master plans" for each park, however many master plans may and do include concept or sketch plans for parks as a development guide. 8. The master plan may address trails, special use facilities (swimming pools, ice arena, auditorium), staffing pattern, ponding issues, and other park related matters of concern to the community, if it is the desire to have the plan do so. 9. In terms'of financing, a master plan is designed to establish priorities/ sequences of acquisition and development of park lands. Since funding is usually scarce, it is necessary to identify priority projects. Hand in hand with the prioritizing of finance, a master plan fulfills legal requirements upon which grants-in-aid programs fund parks acquisition and development projects. A master plan also aids in the justification of budget priorities and bond issues relating to parks. 10. Finally, a master plan avoids unrelated planning by other groups that may be unqualified; avoids duplicating and overlapping of facilities; and administration changes take place. Summary: Mater plans begin with an analysis of the community, its parks, and its growth patterns. This information is compared against established standards and existing policies of the City. Deficiencies currently in the system and future deficiencies are noted; then a planned approach to development to meet the needs and deficiencies of the system and recreational programs are established. The master plan can also include park related issues such as the need for special facilities. Comprehensive Diaster Parks Plan - Memo Page 3 The cost of a master plan for parks varies widely and is dependent upon the plan of involvement, the elements to be defined in the plan, the extent of "pre -plan" work staff/City can provide and other variables. Recent master parks plans completed for other communities have cost as low as $18,000. (this particular community, however, is a maturing community with fewer parks issues than Eagan would have) Other Master Plans have cost upwards of $30,000 to $35,000. The cost of any park plan is relative to the amount of data requested in the plan and the knowledge one obtains from ensuring an orderly, timely, and efficient growth to a parks system. Should the Advisory Committee members like additional information, staff will be happy to provide this. 1 DEED Minnesota Units= Individual Isijo Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( �) filed ( ) not required ;Certificate of Real Estate Value No. -45 uj _ 19�� County Auditor by STATE DEED TAX DUE. HEREON: $ EXEMPT Date: October 14 19 81 Blanks (1975) —MIIIeI-Davis Co, Minneapolis %reserved for recording FOR VALUABLE CONSIDERATION, ARNOLD A. CARLSON & ANNA C. CARLSON, husband & wife, owns in joint tenancy of an undivided 1/2 interest; and ROBERT S. TILSEN & JOYCE Grantor (S), TILSEN, husband & wife, owners in joint tenancy of an unk"'Ilffulk/2 interest, hereby convey (s) and warrant (s) to CITY OF EAGAN Grantee, a municipal corporation under the laws of Minnesota , real property in Dakota County, Minnesota, described as follows: Lot Eleven (11), Block Five (5), WILDERNESS RUN FOURTH ADDITION lif mere space is raa=rl, c^ntiri on b•ckl together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Exem�pt�om State Deed x Dakota County Treasurer Affix Deed Tax titutnp Mere STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this Pi of �� �`� ' '1981 by AUNam A_ CAR1SnN & ANNA C. CARLSON, husband and wife; and ROBERT S_ TI1.SF.N & JOYCE TILSEN. husband & wife Grantor (s). —..-..._-----,--- ------,------------- -- ----- - NOTARIAL STAMC OR SEAL (OROTH ER�1'17�F. OR-RANK)tAAX 1112M �;. SIGNATURE of PERSON TAKING ACKNOWLEDGMENT I:Oi.�ai lJ)t L: — N•INNS.OIA Tf� H•'+MSt'! COUN6, Tei Statements for the real Property awnbed In this inattvmmt Would -My commission oapin;a Alar. I6, 1996 be wnt to (include acme and adilm" oPGrantee): - ------ -- -- rHIS INSTRUMENT WAS DRAFTED BY (NAME ANOADDRESS): Kevin W. Eide PAUL H. HAUGE & ASSOCIATES, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 (612) 454-4224 CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 r1i C" 01;1 5 11J STATE OF MINNESOTA County of Dakota ss' Office of County Recorder This is to certify that the within instrument was filed for record in w this office Has 'ngs, on the, day of ` A. D. 19�/. a ',,IocM., and that the same wag duly recorded in Dakota County Records. IAmFe 1. FOUTCHIS Coun 'Recorder 9y Deputy MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIT. EAGAN, MINNESOTA I JULY 21, 1981 0C 1.163 A regular meeting of the Eagan City Council was held on Tuesday, July 21, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Councilmembers Parranto, Smith, Egan and Wachter. Mayor Blomquist arrived later in the meeting. Also present were City Engineer Rosene, City Administrator Hedges, City Public Works Director Colbert and City Attorney Hauge. AGENDA Vice -Mayor Smith temporarily chaired the meeting. Egan moved, Wachter seconded a motion to approve the agenda as distributed. All members voted yes. MINUTES—JULY 7, 1981 Egan moved, Parranto seconded the motion to delete wording on page five regarding Winkler/Jackson Addition concerning townhouse or R-3 use. All voted yes. Wachter then moved, Egan seconded the motion to approve the minutes as corrected with a revision on page five, Silver Bell Addition, No. 3, that the pylon sign would project no more than 24 feet above ground level and, No. 5, that the pylon sign would not be nearer than ten feet from any property or dividing line. All voted in favor. PARK AND RECREATION COMMITTEE Park and Recreation Director Ken Vraa was present. I. The Park Committee recommended the Council authorize advertisement for bids for approximately 50 trees for various parks in the City. Upon motion by Wachter, seconded Egan, it was Resolved to authorize the advertise- ment for bids to be opened on August 12, 1981, and consider the award of the bids at the August 18, 1981 regular City Council meeting for approximately 50 trees for City parks. All voted yes. 2. Wilderness Run 4th Addition Lot 11. An offer has been received by the Park Director from James Tilsen of Tilsen Homes offering to donate Lot 11 of Wilderness Run 4th Addition to the City for park purposes. Mr. Vraa recommended the lot be accepted with the understanding the City will pay for all current delinquent taxes and assessments. Parranto moved, Egan seconded the motion, all voted in favor, to accept the recommendation and to accept the dedication of the property. SIENNA CORPORATION Rod Hardy appeared on behalf of Sienna Corporation and outlined the L changes in the Dunn S Curry properties in the City. He indicated Dunn and Company will essentially handle the Blackhawk Park property, Jim -Bar Investment Company under James Curry will handle the Lexington South property, 1 PROPERTY TAX STATEMENT PAVARIF 1. 10111 PROPERTY IDENTIFICATION DIST I PLAT LOi 8lK CP; 10 84353 110 O5 8 ADDR: 1255 WILDERNESS RUN LIR W,5 EAGAN MN' .N pISF TXTMr - 55.123 1 %FS AAh NAME OF TAXPAYER PROPERTY ROMB71AM ARNOLD A & ANNA C CARLSON ALDF 1255 WILDERNESS RUN DR _ JAN. 2, Ino Duux. 1, nw EAGAN MN - - - -59 23 THOMAS V. NOVAK DAKOT COUNTY TREASURER GOVERNMENTCENTER F/O' ARNOLD A & ANNA C C:ARLSON I HASTINGS, MINN. 55033 To Find out if you are ennrled to a refund of parr of your property taxes, see the in(orat.GOn on he bad of thi, form. USE THESE AMOUNTS when you fill our your Prop.rry To. Refund Form M-IPR. 80. 50 1. Ouolit .,q Ta. Amount limited ro dwelling and up T. an 46. 76 acres (or 140 ,,.. of land .ad bulletin . if farm.) Laid 3. Stat. Heartwood Credit ' If rhf. box '. chaded, you moa delinquent taxa, and may not apply for The Property Tax.R.lunds. X YOUR ITEMIZED STATEMENT 3 STATE . 00 4 COUNTY 12. 11 5 TOWNSHIP OR CITY 10. 39 6 SCHOOL DISTRICT 32. 88 y OTHER TAXING DISTRICT 2 54 a. FISCAL DISPARITY , b. DEVELOPMENT DISTRICT ' 8 TAX BEFORE CREDITS 57. 42 9 CREDITS WHICH REDUCE YOUR TAX a. STALL SCHOOL AGRICULTURAL CREDIT It. TITLE II/JCC ASSESSMENT CREDIT ' c WETLAND CREDIT d. STATE PAID HOMESTEAD CREDIT 10 TAX AFTER CREDITS 57. 92 SPECIAL ASSESSMENTS 11 TOTAL (See dw.0 at Right) .90. 50 TOTAL AMOUNT 12 PAYABLE 1.38. 42 FIRST HALF INSTALLMENT 69.21 21 u ' SECOND HALF INSTALLMENT 6S 21 ESTIMATED MARKET VALUE 1,500 ASSESSED VALUE 600 #d *** DUPLICATE iFiF*** PROPERTY DESCRIPTION: SEC TOWN- ?Ct FOR TAX PURPOSE ONLY LOT BM * WILDERNESS RUN 4TFk A,DDIT11ON 111: r SPECIAL ASSESSMENTS ASSESSMENT AMOUNT 221 SEWER TRY. 16.60 341 WATER AREA 20.04 441 STM S TRK 44.46 m / '6790 10/22 81 138.42 1 6790 10122VBI 7.61 SPECIAL ASSESSMENT TOTAL (TO LINE 11J 80. 50 INTEREST INCLUDED IN ASSESSMENTS 46. 76 IINCOME TAX PURPOSE51 INSTRUCTION & TAX LAW INFORMATION 1. IMPORTANT PROPERTY TAX REFUND INFORMATION Here's information on how to get part of your property lax refunded this year -If you were a Minnesota resident In 1980 and you owned and lived in your home on January 2, 1981. - There are two refund programs -The Minnesota Homeowner and Renter Property Tax Refund and the Minnesota Special Pro. party Tax Refund. You may be eligible for one or both refunds. THE MINNESOTA HOMEOWNER AND RENTER PROPERTY TAX REFUND To find out ifyyou're ellgible, all you havle'to do is to follow the instructions that come with form M-1PR. Then, to get your re. fund fill out the form. Whether or not you're eligible depends on the size of your income and your properly tax. THE MINNESOTA SPECIAL PROPERTY TAX REFUND - This year only, there's a Special Property Tax Refund -up to $300-for,people whose property lazes have increased more than 10% this year. To be eligible, you must have been a Minnesota resident In both 1979 and 1980 and have owned and lived in the same home both on January 2, 1980 and January 2, 1981. The only wayy to determine for certain it your propperty tax has increased enough to make you eligible for the Special Property Tax'Refund Is to IIII out both sides of form M-1PR. Even it you find you're not eligible for the Homeowner and Renter Tax RE-' fund, fill out the Special Property Tax Refund form on the back of form M-1 PR anyway, because you may still be eligible for this I refund You may apply for either or both refunds at'any time after January 2, 1981, but no later than August 31, 1981. - You should find theyyellow form M-1 PR and ayellow Instruction booklet for form M-1 PR attached to the Insldeof your 1980 Min. nesota income tax Instructlodbooklet. Or, -You can gel them at most banks and ppostoffices or from the Minnesota Dept. of Revenue. Write: Minnesota Income Tax Forms, Room B•20, Centennial Building, St. Paul, Mn. 55145 or call 297.3737. 2. You now have the opportunity to appeal to the Tax Court It you believe the properly you own Is not correctly valued or •' classified. II you appeal'the valuation, classification or property lax on your properly, you have the choice of having -your case heard In regular Tax Court or having it heard Inlormally by a Tax Courl-ludge in the small claims division. In order to be entitled to appeal to the small claims division, you must have: (1) appealed your valuation or classification to your city or town board of equalization and to your county board of equalization in 1980 and (2) the tax must be on your home or the amount of the tax In dispute must be $2,500 or less. If you do nor meet the above qualifications, you can appeal only to the regular Tax Court. Appeals to the small claims division should be made to the clerk of the tax court In SI. Paul. A decision made In the small claims division is final and cannot be appealed. If you decide to appeal to the Tax Court, you have to file a petition before June 1, 1981 with the Clerk of the District Court Of the county that you live in. You can get the forms and information you need from the Clerk of the Tax Court In St, Paul. 3. IMPORTANT: IF THIS PROPERTY HAS BEEN SOLD NOTIFY AUDITOR'S OFFICE, DAKOTA COUNTY GOVERNMENT CENTER IN WRITING AS TO THE NAME,AND ADDRESS OF THE PURCHASER. 4. PENALTY LAW: HOMESTEAD PROPERTY It the first one-half is not paid on or before May 31st, the fallowing penalties attach: June3%, July;4%, August.5%, Septemben6%, October.7%, November, December, January.8%. - During November, If the second one-half Is not paid on or before October 31st, the following penalties attach: November.4%, December -6%, January.8%, After the first Monday In January -10%. NON—HOMESTEAD PROPERTY . The penalty is 4% higher for the unpaid first one-half tax than those slated above, for instance, the penalty during June S7%, etc. During November, if the second one half is not paid on or before October 31st, the following penalties attach; Novemben4%, December.8%, January-12%.,After the first Monday In January -14%. 5. The first one-half Installment must be paitl before the second one-half installment Is paid. 6. All tax receipts subject to cancellation by county treasurer for dishonor of negotiable paper offered In payment. 7. NOTICE: The County Treasurer does. nol,levy taxes, establish valuation or tax rates. S. If lax is less than $10.00 It must be paid in full by May 31st. If tax is $10.00 or more It must be paid In full or in equal In. stallments by May 31st and October 31st to avoid penalty. TAX RATES AVAILABLE ON REQUEST IMPORTANT — DO NOT SEND CASH. Remittance should be by Personal Chock or Express Money Order. payable to: THOMAS V. NOVAK, COUNTY TREASURER MAIL TO: DAKOTA COUNTY TREASURER I• GOVERNMENT CENTER • HASTINGS, MN 55033 Statement of Taxes Delinquent or Sold to the State — Thi. Slaimnem when %igned be die Counl> -1reu,arer becomes your rea•an. Auditors Office, Dakota County. Minn.. L11 �% 119 As I here y certify that there is now due the sum of 5 in full for the redemption of the following described property from taxes, cost, interest and penalty for [lie years below slated: NO. 60423 Examine - this statement carefully. Compare the description with that given in your deed ur contract. and see that it covers ),our properly. Received S in payment of -d Checks accepted only conditionally and receipt is void until check clears bank. nmty Treasurer 'puly County -Auditor I rl lam. _♦_ !..�� 4 ����■��©1■,11'-r �� /•�����■111,/�1' -� �� ■ ■.1■,111. -■-■ ��.11111 -.--■ ■.1■,111■-■-.-■ ■11111 -�--■ ■.1■,111■-■-■-■.11111 .■--■ ■,1■,111■-■-■-■.11111 ---- ■ ■.1■,111■ -■-■ -■ ■11111 -.-- ■ ■.1■,111■ -■-■ -■.11111 -5--■ ■.1■,111■-■-■-■.11111 -.--■ ■.1.,111■-■-■- ■11111 -.-- � ■.1■,111■ -■ �� �� ■11111 -.--■ ■.1■,111■-■-.-■ ■11111■ -.�-� ■.1■ 111■-■-■-■ ■11111■ Received S in payment of -d Checks accepted only conditionally and receipt is void until check clears bank. nmty Treasurer 'puly County -Auditor TimeI I I W, M 1LE YOU WERE OUT I p� of Phone ' k_'�� : Area Code Number Ezteaaloa TELEPHONED PLEAK CALLED TO SEE YOU WILLWANTS TO SEE YOUURGE RETURNED YOUR CALL eaeee 0 r�/� , -gL On -AMPAD - - 23-000 SOSoft i AO EFFICIENCYO 23-001 25OSS . DISPENSER BOX 0 PAUL H. HAuGE & As60CIATES, P.A. ATTORNEYS AT LAW DYOa SIBLEY MEMORIAL 14IONWAY EAGAN (ST. PAUL). MINNESOTA 66122 PAUL M. MAUDE BRADLEY SMITH KEVIN W. EIDE DAVID O. KILLER Mr. Jim Tilsen TILSEN BUILT HOMES 627. Snelling Avenue St. Paul, MN 55116 November 4, 1981 APIA CODE 612 TELEPHONE 464.4224 RE: Lot 11, Block 5, Wilderness Run 4th Addition Dear Mr. Tilsen: I am enclosing the Dakota County Abstract Company abstracting bill which I referred to in our recent phone conversation. I greatly appreciate your handling this matter. Sincerely, Kevin W. Eide skk enclosure ...osr.f..f�.�...�,:2VJI-!.�.. ���.F.'.-• T•..•T�.�PZ.r .. �... „ , i.. r. ._.. _ - .. , Oct.27,1981 Paul XHage 3908 ley Mem.Highway Bag . 55122 Balance Due As Of Dakota County Abstract Company 1250 WEST HIGHWAY 55, HASTINGS, MINNESOTA 55033 612-437-5600 MONTHLY STATEMENT Oct. 1,1981 CBZ8] PROPERTY TAX STATEMENT THOMAS V. NOVAK PAYABLE in 1981 PAYMENT COPY DAKOTA COUNTY TREASURER PROPERTY IDENTIFICATION DIST I PLAT LOT BILK GOVERNMENT CENTER F/o: ARNOLD A S ANNA C CARLSON I HASTINGS, MINN. 55033 i. 10.64353rN�E CR. 1255 WILDERNESS RUN ,DR ADDR: §• EAGAN MN Scalps, COI, 55123 ik 196 AACAYERD A E ANNA,,C CARLS0N AS01WILDERNESS RUN DR u mLA0. T. INR,R JU0.1. IMNNO ,.\ TWO REFUNDS AVAILABLE THIS YEAR i PLAT YOU MAY BE ELIGIBLE FOR ONE OR BOTH I BILK To find out if you are untitled to o refrad of pan of your property • tears, sec the information on the back of This fmm. 110 USE THESE AMOUNTS 8' when you fill out your Property Tae Refund Fond M -TPR: +s ' • 1. Ouolifyying Tom Amount dwelling and up IR tan I' cies (or lee a<ras of land and all., , +� buildings if farms 7. Slate Paid Homestead Crodil State • DELINQUENT TAXES ii 4. s' If this box is corded you owe delinquent sa.m and X may not apply for the Properly Tae Refunds. - YOUR ITEMIZED STATEMENT .00 3 STATE- 12.11 st 4 COUNTY s. 10.39 S TOWNSHIP OR CITY 32.88 6 SCHOOL DISTRICT - T OTHER TAXING DISTRICT 2.54 s' a. FISCAL DISPARITY ' It. DEVELOPMENT DISTRICT t. )Is 8 TAX BEFORE CREDITS - 57.92 F t' 9 CREDITS WHICH REDUCE YOUR TAX ` !, a. STATE SCHOOL AGRICULTURAL CRLDII It. TITLE II/3CC ASSESSMENT CREDIT " c. WETLAND CREDIT • d. STATE PAID HOMESTEAD CREDIT 10 TAX AFTER CREDITS 57.92 j I I SPECIAL ASSESSMENTS BO. SD TOTAL ISee detail ai RiRla TOTAL AMOUNT 138.42 17 PAYABLE 69.21 ' FIRST HALF INSTALLMENT 69.21_ " n SECOND HALF INSTALLMENT \V ESTIMATED MARKET VALUE 19500 A ESSED VALUE 600 PROPERTY DESCRIPTION SEC TOWN 20 _ FOR TAX PURPOSE ONLY LOT BLK Tv WILDERNESS RUN 4TH;ADIDITION :.III 5 SPECIAL ASSESSMENTS ASSESSMENT AMOUNT --SFHLK ME, 221 115*010 WATER AREA 341 20.04 STM S TRK 441, 44.46 1255 WILDERNESS RUN DR EAGAN MN- 55123 CODE: AAC - PROPERTY IDENTIFICATION DIST i PLAT I LOT I BILK 10 10 84353 110 05 8' 11981 TO AVOID PENALTY t. ST PAY ON OR BEFORE MAY 31, 1981 �J IST HALF TAX 69.21 PAYABLE TO: THOMAS V. NOVAK -DAKOTA COUNTY TREASURER .I 0 - COUNTER #0 - CASH NH 0 - MAIL T E PD PEN PD. ARNOLD A E ANNA C CARLSON 1255 WILDERNESS RUN OR EAGAN MN 55123 LOAN CODE: AAC PROPERTY IDENTIFICATION DIST I PLAT LOT 10 84353 110 05 8 1981 TO AVOID PENALTY ND PAY ON OR BEFORE OCT. 31, 1981 PF I 2ND HALF TAX 1 69.21 PAYABLE TO: THOMAS V. NOVAK SPECIAL ASSESSMENT DAKOTA COUNTY TREASURER TOTAL (70 LINE 11) 80.50 AN. TAX PD. INTEREST INCLUDED 46.76 [-7 IN ASSESSMENTS PD. - (INCOME IA% rURROSE51 SIN PEN B • ' Me 10 TOTAL MAKE ANZ 6ANGE IN'NAME AND ADDRESS • • ONLY IF DIFFERENT THAW NAME OF TAXPAYER NAME NAME r 1 NEW ADDRESS CITY STATE PAID BY RECD By MAKE ANY CHANGE IN NAME AND ADDRESS J ONLY IF DIFFERENT THAN NAME OF TAXPAYER NAME NAME NEW ADDRESS CITY STATE PAID BY RECD BY INSTRUCTION & TAX LAWIINFORMATION 1. IMPORTANT PROPERTY TAX REFUND INFORMATION Here's information on how to get part of your property lax refunded this year -If you were a Minnesota resident in 1980 and you owned and lived in your home 9n January 2, 198.1.y I 1 There are two refund programs -The Minnesota Hfomeowner and Renter Proplrly Tax Refuna and 4jmnesolsd Spacial Pro - party Tax Refund. You may be eligible for one or both refunds.' THE MINNESOTA HOMEOWNER AND RENTER PROPERTY TAX REFUND To,Ond %ui if you're eligible, all you have to do is to follow the instructions that come with form N-IPR. Then �1oo r)el your je- funa. sill o0t the form. Whether or not you're eligible depends on the size of your income and your property't'ak.' THE MINNESOTAISPECIAL PROPERTY TAX R&UNDI - ' This year only, there's a Sp ecio Property Tax been a Minn 4ota resident people whoa rep IO tends have Increased more than 10% chis year. To be January you must have been a Minnesota resident In both 1979 entl,7 0 �ndhave owned and lived in the same home both on January 2, 1960 and January 2, 1987. ' ( The only way to determine for certain It your property tax has increased enough to make yoe 61161ble for the Special Property Tax Refund is to IIII out both sides of farm M-1PR. Even It you find you're not eligible for the Homeowner and Renter Tax Re. fund, fill out the Special Property Tax Refund form on the back of form M-1 PR anyway, because you may still be eligible for this refund. You may apply for either or both refunds at any time after January 2, 1981, but no later than August 31, 1981. You should find the yellow form M-1PR and ayellow instruction booklet for form M-1 PR attached to the Insideof your 1960 Min. nesota Income tax Instruction booklet. Or, you can get them at most banks andppostofflces or from the Minnesota Dept. of Revenue. Write: Minnesota Income Tax Forms, Room B-20, Centennial Building, St. Paul, [.'n. 55145 or call 297-3737. g. 'Ydujnw hape thalo0popudity' tq=aPpeid to the 9-hy pourt if you believe the property you own Is not correctly valued or class) ea.II 11 If you appEa! the valuation, classification or property tax on your property, you have the choice of having your case heard In regular Tax Court or having It heard Informally by a Tax Court judge in the small claims ditrislop. j t , 7 J In order to be entitled to appeal to the small claims division, y must have: (1) appealed your valuation or classilication to your city or town board of equalization and to your county board o1equalization in 1980 and (2) the tax must be on your home or the amount of the tax in dispute must be $2,500 or less. If you do not meet the above qualifications, you can appeal only to the regular Tax Court. Appeals to the small claims division should be made to the clerk of the tax court in St. Paul. A decision made in the small claims division is final and canllol 6e a f ff ppealed. If you decide to appeal to the Tax Court, you have to file a petit on tiefore June 1, 1981 with the Clerk of the District Court of tha county that you live in. You can get the forms and Information you need from the Clerk of the Tax Court in St. Paul. 3, ;114P.0 TANTAFTHISPROPERTY HAS!BEEN SOLD NOTIFY AUDITOR'S OFFICE, DAKOTA COUNTY GOVERNMENT CENTER Y IN ENARATING AS 70 iH NAME AND ADDRESS OF. THE PURCHA*§ER. 4. PLTY LAW: 1 - l� 1 F' r i1 1 k b .. I L dOMESTEAD PROPERTY If the first one -hall is not paid on or before May 3151, the following penalties attach: June3`,5, July -4%, August -5%, September -6%, October -7%, November, December, January -8%. During November, if the second one-half is not paid on or before October 31st, the following penalties attach: Novemben4%, December -6%, January 8%, After the first Monday in January -1001b.' NON—HOMESTEAD PROPERTY The penalty is 4% higher for the unpaid first one -hall tax than those staled above, for Instance, the penalty during June Is 7%. etc. During November, if the second one-half is not paid on or before October 31st, the following penalties attach: November -4%, Decemben8°/ , January -12%. Alter the first Monday In January -14%. 5. The first one-half installment must be paid before the second one-half installment is paid. 6. All tax receipts subject to cancellation by county treasurer for dishonor of negotiable paper offered In payment. 7. NOTICE: The County Treasurer does not levy taxes, establish,valyallon or tax rales. 6. It tax Is less than S10.00 it must be paid in full by May 31st. If tax is $10.00 or more it must be paid in lull or In equal In. stallments by May 31st and October 31st to avoid penalty. TAX RATES AVAILABLE'ON REQUEST L •f — IMPORTANT — 00 NOT SEND CASH. Remittance should be by PemokalaCheck4r Express Money Order, payable to: .�,. THOMAS V. NOVAK, COUNTY TREASURER MAIL TO: DAKOTA COUNTY TREASURER GOVERNMENT CENTER HASTINGS, MN 55033 (6) TILSEN HOMES INC. Attn: Kevin Eide °�----'--- i Paul Hauge 3908 Sibley Memorial Highway Eagen ,Minnesota 55122 0 0 PAUL H. HAuGE & AssociATEs. P. A. ATTORNEYS AT LAW 3808 SIBLEY MEMORIAL HIGHWAY EAOAN (ST. PAUL). MINNESOTA 06122 PAUL H. HAUOE' BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER RICHARD J. KRAMBEER Mr. Ken Vraa Park Director 3501 Coachman Road Eagan, MN 55122 July 21, 1981 ARE4 CODE eft TELEPwONZ A94.4224 Re: Lot B, Wilderness Run Fifth Addition and Lot 11, Block 5, Wilderness Run Fourth Addition Dear Ken: The purpose of this letter is to state our recommendations regarding the City's acquisition of the two above described parcels. We have previously discussed the taxes outstanding against both parcels, however, I will restate this infor- mation for your records. 1. Lot B, Wilderness Run Fifth Addition. Delinquent taxes totaling $51.24, plus penalty and interest, for tax years 1975, 1979, and 1980. 1981 taxes in the sum of $28.96. There are no special assessments levied or pending against this propertywhich will be subject to tax forfeiture if the delinquent taxes are not paid during this tax year. 2. Lot 11, Block 5, Wilderness Run Fourth Addition. Delinquent taxes in the sum of $91.77 plus penalty and interest. 1981 taxes in the sum of $138.42 including $80.51 for special assessments. Special assessments exist against the property as follows: sanitary sewer trunk, balance $89.76; water area, balance owing of $106.66; and storm sewer trunk, balance owing of $208.92. If it is determined that it will be advisable to acquire one or both lots as proposed by Tilsen Homes, the authority obtained from the City Council should require that title to the property be conveyed by means of a Warranty Deed, excluding delinquent taxes and special assessments, and should also be subject to the provision of -an abstract to the property by the sellers. A judgment search has not been prepared against these properties as such a search would be premature without having fully identified the owners of the property. By means of conveyance through a Warranty Deed, the liability of Tilsen Homes for any judgments or liens which later appear will be insured. These requirements could also be included in a Purchase Agreement which could be executed by both parties prior to conveyance of the property. Mr. Vraa • • July 21, 1981 Page Two Finally, the abstract provided by Tilsen Homes should also include an up to date judgment and lien search against the property and the present owners. I have attempted to contact Mr. Jim Tilson regarding the conveyance of this property to discuss these conditions with him and have been unable to contact him at this point. I hope that I will be able to speak with him prior to the Council meeting. I hope that this information is of.assistance to you. Sincerely, Kevin W. Eide skk May 28, 1981 MEMO TO: PAUL HAUGE, CITY ATTORNEY FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PROPERTY DONATION Paul, Jim Tilsen of Tilsen Homes was into my office on Friday, May 22 with the intended purpose of donating two parcels of land to the City Parks and Recreation Department. Mr. Tilsen indicated that he is willing to donate these two parcels,to thyy_C�'ty for no charge provided that the City pays any remain' g'tax t and,speci"�s�n the two subject parcels and<f dealing wit title transfen.-' Attached is a plat showing the two parcels outlined in yellow which are under consideration. Lot B, the small triangular portion is in Wilderness Run 5th Addition. Its property identification number is District 10, Plat 84354, Lot 020, Block 00. This small triangular piece, as you can see abuts SCarlson Lane as well as existing park property. The second parcel is in Wilderness Run 4th Addition and is identified as District 10, Plat 84353, Lot 110, Block 058. This lot is adjacent to the McMonigal property and is also contingent to City park property. Before taking this to the Advisory Parks and Recreation Committee with a recommendation, I will need to know what the amount of taxes on these two parcels are and ec'als remaining. Further, I will need to know if there are any 'udgment >, li'ens7 or other constraints pending on the property or problems with the title. The next Parks Advisory meeting ^'i on T ursday, June 11th, so if I could have this information by Monday'; June 8 h for inclusion in the parks packet, I would appreciate it very much.` Thank you for your cooperation and assistance in this matter. g S�u r IJ Pglb kcj 13un, rs Ll lob.�b cwu,IS N(. 1�tts1 s aa3.8a 5i-CLA,n 5Z LJ- .•• J la 45.00 °` r to `�f O° 31' 27"'.v O 30 30 "' _ <n N O'2 56"W O' ` u h 32 1 Og5 Gq _� L 1 m m - _ �\ u0 00 _ O '' _ - N 10 ` CD j 3786 m 56 j 2,' ' .\ N' 00° 31' c 7' W tmO A / J. O J O N W r � 45.29 — nni O 5t}',�•C'( .) , r_ . _ - i - \0 2 Iq; 4 j0.l6 it l.•nn6.1.. / ani �, • �o I'o ^ p(ny w'u o1 -0 ;e,IV 7046'54•' �— 200.000 •: tiv •,r C t•+ tN Ita O U� ril. .4 I'l l UJ ' LIJ p d t't w ---- nl I- 1 '✓, _ N Oma. �Ic, �`'Ocl'` N. 3059'53 E� 06S.0 69 150.00 346.71 v 19_6.71 Ss•. � 120.00 0 ��N I/I \ by N C,, p ID i ro — w �„ O `2 v n y/,.(-' —li C� a 86.9: Ll, O D .T11/ 7C I/ / l ��, 0 0O - Z. w / N. 2° 58'2 W. m 0 to — 16974 p 0p D to NN0 O {rl W to N N O m O1 t° 14000 162 31 30 30 115.17 w 0 1 CIO l.6. , 1 .n 1;000 to 01"0 to w 0 1 O 00 o° 371 38'54" Cil N b°'H O• ' i —�_ 1.1� 1 E `1132. I' m Co 28' 20 Eadd lin=� 6, //- m m N ■ N n mt w ' V [° V• I 39.94 ('00024'23"W. � n O _ N t J- 1 " I I ,y O N 00° 24' 23' ,W' '1153 97 85 Qu 1 176 LANE e 45.00 ®_ ` SJ7.B3 r to Nm Jqo � O _ <n N O'2 56"W O 0 ® 1 Og5 Gq _� 1 m m - �\ u0 00 _ - N 10 ` CD j m m d.. p N 0 a m / tmO to N W r /p10� 5go t OS. °z02 — nni O E. L nElm , y p \0 2 Iq; 4 j0.l6 Io / O c ID 1, U n �1,. ^ p(ny w'u o1 -0 i 7046'54•' �— 200.000 •: tiv to E' tom. � .4 I'l o W ---- I- Oma. N. 3059'53 E� 06S.0 150.00 346.71 v 19_6.71 Ss•. � 120.00 0 ��N I/I \ by N C,, p ID i ro — w �„ `2 v n y/,.(-' —li C� a 86.9: Ll, O D .T11/ 7C I/ / l ��, 0 0O - Z. w / N. 2° 58'2 W. m 0 to — 16974 p 0p D to NN0 O {rl W to N N O m O1 14000 162 31 30 30 115.17 w 0 1 to 0 3000- 332_30 5 89° 36'(.)4"W , 1 _ to 01"0 to w 0 1 " 4500 09 38 .wa5jaeaa 99,84 45.00 " N 168 1- <n N O'2 56"W 1 m m _ - N 10 N N m m d.. p N 0 a m tmO to N W r I =.9torix_�i li_r1..�.�. �2?�•� .r'.....P ,9n.e.; �4�0 73 73y A, 3 July 1981 MEMO TO: ADVISORY PARKS AND RECREATION COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PROPOSED LAND GIFT/PURCHASE Mr. Jim Tilsen has discussed with the City staff the transfer of title to two parcels of land near Carlson Lake Park. (see attached map) Mr. Tilsen has indicated he would be willing to give title to the City if the City would pay the remaining taxes and necessary legal work involved in the title transfer. The property identified as Lot 11 is immediately adjacent to existing City park property on Dunrovin Lane. The lot has steep topography, sloping towards Carlson Lake, making the lot difficult for a single family home to be built on. For park purposes, the lot would provide for additional space and an opportunity to extend a possible future trail from the east edge of the lake to the south side. There are approximately $450.00 of special assessments remaining on the property. Taxes have apparently been paid through 1980. 1 a g ( The second parcel is small and has no significant value in term of parks. The parcel is immediately adjacent to existing park space. The taxes on this second parcel have not been paid for in the past seven years, and consequently it may become tax forfeited property in the near future. Review: The second parcel, because it may become forfeited, will then be made available to the City. Because of its limited use and value, it appears that this may happen, at which time the City could acquire the parcel at little cost. The first parcel - Lot 11 - has a higher value and potential for use within the park system. Its acquisition at this time would put the City one step closer to the completion of an eventual trail system. Acquisition through tax forfeiture, does not seem probable at this time and is a high risk if the property is found desirable and useful to the parks system. Action Required: To either approve or disapprove of the acquisition by gift and payment of remaining taxes on one or both of the land parcels. N '.,7 r W11, 1; 0 0, A u(,�' 31'27--w 31 05, 'P ".0 W11 69 D 176.59' 1VI c, CQrO ul T-49 wIN 60 313,54 'o NI N H 1119 Op 432 17 CA N 6028'20"p 11 188 N E 1 .0 0-4 5i783 a) fv O CD 113,3c 4'016 I,I110 96 ly 7 0�•54" E. 200.01) 394.8, ox'r to N 30 59'53' 346.71 OV lbo 00 �y 120.00 �3994 C) ;mv W N 20 5H 20-- 16974 C, M' w 00 -Z7 F1 0 5 00 176 7��7 14() 16� 31 30 30 115. w1 , ' 3009.- N Wo 24 23 A LAN - 0 C)----332.30 S .890 36' )53 §7 0 1 0 85.00 U9 1113 S." 9984 85.00 ,U D 169 t, c t' 0 0 W AGENDA ADVISORY PARK AND RECREATION COMMITTEE REGULAR MEETING EAGAN, MINNESOTA EAGAN CITY HALL SEPTEMBER 3, 1981 6:30 P.M. - PARKS TOUR* 7:30 P.M. - REGULAR MEETING I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIAINCE II. ADOPT AGENDA AND APPROVAL OF MINUTES OF' AUGUST 6, 1981 III. DEVELOPMENT PROPOSALS None IV. OLD BUSINESS None V. NEW BUSINESS None VI. OTHER BITSINESS/REPORTS a. Council Action - Parks Dedications b. Minutes of Study Committee for Parks Master Plan of August.19: Establish date for next meeting. C. Northview Athletic Field d. Donation VII. ADJOURNMENT * The Committee was tour City parks beginning at 6:30 p.m. The regular meeting will begin at 7:30 p.m. . _:1 COTTREHENSIVE PARK PLAN MEETING Present: Martin Thurston Mas in Carroll Vraa Presenters: Mr. Fred Hoisington Mr. John k'orrall of Brauer & Associates # 2 August 19, 1981 The director explained that Fred Hoisington and John Worrall were present by invitation extended on behalf of the committee to explain to members of the committee the process by which a master parks plan might be developed, its content, and its importance to a developing municipal park system. Mr. Hoisington indicated the importance that consultants and members of the community recognize the difference between communities, and that the needs are entirely different from City to City. Because of this, it's important to specifically design a process and plan content for each community even though each vaster plan may have the same elements included. In dis- tinguishing between the existing city comp plan which deals with parks and that of'a master plan he indicated that the comp plan tends to deal with parks as one dimensional, in a "passive" type of document. As such, it is not intended to take active posture for park. The comp plan is intended torespond, while a master plan is active and a specific document which hopes to achieve. The master plan goes beyond that of a comp plan as it indicates what goes first, what type of facility goes into the park, and how it relates to other park elements. It also expresses a concern for those people that are here now and yet to come. In the process of a master plan, the plan first seeks to identify the opportunities that exist in the community, and to quantify and qualify needs as it relates to a park system. Do you know what your needs are, how much and how many? It's important to develop an overall concept of parks and the features of a system. It's important to relate design with an ideal, meaningful "whole" rather than a park at a time. Because it (master Plan) is an interrelated system there is a body of policy that will carry ahead to the next generation of committee,'council, and adminis- tration, so there is not a loss of consistency in the overall system. Thi�consistencv is important as the body of document becomes a base fine in which parks planning and development can continue. As such it can resist the special interest groups whose needs may be\important but have less priority than the overall objectives of the parks system. It tends to be an "objective" document rather than to rely on immediate, emotional 1 Comprehensive Park Plan Meeting �.Q Page 2 needs as they may come up from time to time. The master plan would include time -lines and a period in which development is to suppose to happen with short term and long term goals for the future of the community and the population yet to come. The master plan is a benefit because people have the benefit of knowing, and the ability to make informed decisions by public, staff and officials as it relates to their relationship to a parks system. In effect it acts as a "text- book" and knowledge as a reference.source. The master parks plan will.help in that you can get what you need for parks dedication. To make sure it "fits" into the system and not just because it is there and available to the community. Mr. Hoisington indicated that the master plan process usually consists of a five step sequence. First data collection, followed by public participation, needs identification, plan formulation and then the .final plan documentation. There are numerous headings under each category and the five step process could be expanded if it were so desired. Cenerally this is not necessary. These five steps can cover any kind of master plan or parks plan process, and the divisions of responsibility can generally vary under each of these steps. Mr. Hoisington indi- cated that perhaps the biggest departure in the approach used by Brauer and Associates is the fact that public participation has become a integral part of the plan very early in its process. Mr. Hoisington went on to explain in greater detail each of the five process steps. Under data collection he indicated that this is really an inventory in review of existing features to find out what areas conflict and what .are supportive. Things need to be taken advantage of or may present themselves as an obstacle for further parks system. Distinct programs and policies are reviewed, historical features, land use, housing and housing density, population changes, etc.,etc. Mr. Hoisington explained that the second step, of public partici- pation, was one of interaction of City officials, special interest groups as well as selected and interested people who wish to participate in_the process. It is important for public partici- pation process as it.helps to establish what the direction of the community should be as it relates to its narks system. Is the community "interested in a balanced system which incorporates all aspects of a parks system or should the direction be toward one particular segment of parks needs?" This public participation process would help to define what the direction of the plan should be and the focus of park dedication. Following the inter- active process a report is issued with the objectives of what the future parks system should be like. Mr. Hoisington indicated if there were concern that people aren't interested in the park system the committee would be quickly surprised at how people will come out in support of parks once they are into an inter- active role with people who want results and see things happen. Comprehensive Park Plan Meeting ;2 Page 3 In response to a question Mr. Hoisington indicated that in bringing individuals into an active role, some background in- formation has to be supplied to the individuals in order to allow them to understand the realities and the current status of the parks.system. He explained that people, in an inter- active role share ideas and are not able to espouse only one singular thought and dominate a meeting so the individuals singular priority becomes the priority of the City as a whole. It's a sharing and exchange of ideas. Mr. Hoisington indicated that an alternative to the public participation process would be that a survey could be developed by telephone or otherwise. The difference is that people in a survey can only reflect their own thoughts with no opportunity to interact and see the other view points and other needs from neighbors around them. The next step is the needs identification where assumptions about the .future is made, what types of people will be moving into the community, projections as to what their recreational values are, how manv, how soon,'how you build for it. He ex- plained that the comp plan already has gone to a great detail in the development of its standards and classifications, but that it needs to have more life and to have more meaning. A more specific definition as to what a neighborhood park is. "Should it become an- active or a passive facility, or are there other different types of neighborhood facilities?" Consequently these needs and standards need to be refined, enhanced and be identifiable to those who are to read it. The fourth step of this plan is formularization and concept development that fulfill the needs and the standards of the community; with a public form so there is an opportunity to review, react and change that concept plan. Finally, after this review and adoption, there is the fifth step which is the final plan, which is simply the consolidation of all the work that has gone on prior to this point. It's the design, completion and printing of it in its entirety. Mr. Hoisington went on to explain what the work load might be, and what responsibility could be shared in each of these processes. He indicated that the staff could do a substantial amount of the work .if it has time to complete it. It's important to a timely process to understand how much time is available and the work that would be involved before a decision is made as to who and how this work will- be done. The consultant must be consulted to organize the information that staff and volunteers might have to put together to assure then they get the information that it will need to perform the analysis. He felt that it was important that the consultant organize the public informational process to insure that there is a good interaction as questions are answered and all perspectives are shared fairly. He indi- cated that volunteers and staff could select and make sure that people got there. Following the analysis of the meeting, committee members and staff could prepare the objective statements with Comprehensive Park Plan Meeting #2 Page 4 minimal help from the consulting firm if it was felt desirable. He indicated that this could be a time consuming process and that there must be at least good interaction between the two. In terms of reproductions and distribution again this could be held by the community and staff as well as by the consulting firm. . He concluded: by saying that the consultant has the knowledge to and must be responsible for the nverall scheduling he has the design capability for conceptdrawings and the final plan formu- lation for the master plan. John Worrall explained the contents of the master plan illumi- nating on the current work that the City of Plymouth is doing in regards to their master plan. In response to a question, he indicated that Brauer and Associates have begun working with the City of Plymouth in.April of this year and hopes to complete the plan by November of this year. He indicated that in Plymouth there were six tasks or processes that the parks commission in Plymouth had decided it would follow. He indicated at this time that they had completed three steps and was nearly finished with the fourth phase. Again, in response to a question he indicated that the committee met frequently in'special sessions to deal with the master plan as well as taking some time in its regularly scheduled meetings to work on the process. The first task the City of Plymouth was to complete was the objectives of the city plan and the master parks plan. What was the City trying to do? A body of policy was developed in regards to: preservation of a.certain park areas, acquisition and development of park areas in established portions of the community. Second was the documentation and an inventory, why the community is the way it is at this time and what opportuni- ties still existed. The third phase was the needs identification and understanding of definitions of what the system requires to fill the objectives, needs and policies previously identified. Fourth phase, and the one the community is currently working on, is the plan of the future parks and the criteria for -obtaining what has been established as its needs. He -indicated that the consultant has helped develop a criteria for establishing the priorities, in a sense a "sorting -system' to determine.the essential items that were important to the system. John further indicated that priorities were broken down by categories as well. Priorities for acquisition, priorities for development, and in the case of Plymouth priorities for redevelopment of some existing facilities. Once the priorities were established a C.I.P. is to be established. The C.I.P. is based on population or a threshold which are to trigger development a specific aspect of the plan, included in the potential C.I.P. is a projection of revenue sources as well as other funding sources which would be available to enact a master parks plana A series of questions regarding various aspects of a master parks plan per- taining to involvement of community, selection process of a consultant, amount of time required to complete a master plan, when and how to revise the master plan to keep it current with changing times. After other general questions and discussion the meeting was concluded. Comprehensive Park Plan Meeting #2 Page 5 Next Meeting: Week of 7th,.time, date, place to be established at parks meeting of September 3. Potential Agenda.Items: 1. Review of presentation by Brauer & Associates. 2. "Where to go next?" 3. .Review of master plans done for other communities. 4. Discussion of Eagan .Parks system needs. August 26, 1981 MEMO TO: PARKS MASTER. PLAN STUDY COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PRELIMINARY LIST; SYSTEM! NEEDS I've taken the liberty of preparing for discussion by the study committee, a preliminary listing of issues that the City of Eagan may wish to address 'rio�r to the plan, in a master plan, or in the process of developing a master plan This is ylal d a preliminary and requires revisement, additioniscussion, an revel iew before it could act as a basis for master parks plan. I.would hope that at a future meeting of the study committee, each item could be elaborated on in some detail. 1. Need to pull together existing park policies and practices. And, in some instances prepare or be able to respond and give direction on a number of issues that should be in the planning of a park system; ie. what is the Citv park policies as it relates to "boat access" and the use of City .lakes? Does the City take aggressive steps or passive approval in allowing/not allowing lake usage? 2. What are the recreational objectives of the community? Should the City seek to provide a balanced approach to recreational activities - arts, athletics, enrich- ment programs, passive interest - or is it singular in scope? 3. Special use facilities: Pools, ice arena, nature center, rifle range, community picnic. 4. Review types and uses of parks: definitions that can accurately de$cribe to the reader how that park will materialize once developed; and how it could be used. S. Relate school district(s) plans for development as it would impact the parks system. What impact on the City will the development of a high school have on parks systems needs? What about new elementary schools? 6. Horse trails/snowmobile trails? 7. Impact of county and regional park facilities on system plan? 8. Need to develop overall system wide priorities for: Neighborhood Park Development/Re-development. Community Park Development. Special Use Facilities Acquisition And "threshold" levels for enactment. 9. Review existing park service areas. Utilizing these service areas, develop "park sections" for community study. erellminar: LLSL; JVSLEI[1 ::ccQ5 - 15�i.'IU Page 2 10. With park definitions; develop intensity levels of use and corresponding levels of maintenance required. 11. Review tennis courts, hockey rinks and need for lighted facilities. 12. Review water based recreation resources: Fish Lake McCarthv Thomas Lake Carlson Lake Blackhawk Bur Oak 13. With City staff,. develop a methodology for which a master plan can efficiently be_reviewed and updated. 14. Perform site analysis for "undeveloped" park areas; develop concept plans for: .Rahn Carlson Lake Capricorn/Wedgewood Lakeside South Oaks Cinnamon Ridge Windcrest Windtree Coachman Others 15. Site analysis of existing park currently "developed"; revision for improvements: Evergreen Woodhaven Lexington Northview Highview Oak Chase Country Home Heights Well Site River Hills Pilot Knob Cedar Pond Others 16. Review existing P.U. Developments for proposed park land dedications. 17. After analysis, define specific relationships and intended use relationship for.Thomas Lake Park, Patrick -Eagan and Blackhawk Parks. 18. Review of park system to inter -relate preserve areas with those held in reserve for later dev ment. 19. Preparation of short term development/acquisition objectives, 2-.4 years and preparation of long term development/acquisition objectives, 4-8 years. .Consistent with identifiable needs, future growth, and future population service groups. 20. Review/analysis of community for historical, and ornamental parks/open space. 21. Analysis; qualitative and quantitative, of open space,preserves, and reserve areas by a select meo oT gy which addresses water, slopes, "environmental" relation- ships, vegetation, soils, etc.; to determine "value" of the land parcel within the system. 22. Other PAUL H. HArGF & AssoctATEs. P.A. ATTORNEYS AT LAW 3908 SIOLKY MEMORIAL HIGHWAY RAGAN (ST. PAUU. MINNESOTA 88123 PAUL H. HAUGt BRADLEY SMITH October 14 1981 KEVIN W. EIDE DAVID O. KELLER TO: County Recorder DAKOTA COUNTY COURTHOUSE Hastings, MN 55033 RE: Carlson/Tilsen - City of Eagan Lot 11, Block 5, Wilderness Run Fourth Addition Dear Clerk: Enclosed herewith for recording, please find: X Warranty Deed Quit Claim Deed Contract for Deed ARIA COOK $12 T9LEF"ON6 484.4224 Assignment of Contract for Deed X Certificate of Real Estate Value Affidavit of Purchaser Certified copy of Judgment and Decree Mortgage Deed Easement Owner's Duplicate Certificate of Title # Our check in the sum of $ for recording fees X Check of the City of Eagan in the sum of $239.61 in payment of 1980.and 1981 real estate taxes. Very truly yours, Kevin W. Eide . Individual lA to Corporation or PannerNip No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.-- '19— County o.-,19County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT Date October 14 19 81 1 Miller -Davis Co.. Minneapolis (reserved for recording data) FOR VALUABLE CONSIDERATION, ARNOLD A. CARLSON & ANNA C. CARLSON, husband & wife, owne in joint tenancy of an undivided 1/2 interest; and ROBERT S. TILSEN & JOYCE ,Grantor(s), TILSEN, husband & wife, owners in joint tenancy of an hereby convey (s) and warrant (s) to interest, , Grantee, a municipal corporation under the laws of Minnesota real property in Dakota County, Minnesota, described as follows: Lot Eleven (11), Block Five (5), WILDERNESS RUN FOURTH ADDITION (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Affix Decd ,rux Stamp Hdro STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me thisIV-I't_dBy of �'r «" .1981 - by ARNnfn A r.ARrt;nN & ANNA C CARLSON husband and wife, and ROBERT S- TIT.SFN & JOYCE TILSEN, husband & wife Grantor (s). NOTARIAL STAMP. OR SEAL (OR OTHER -TI '�LE OR RANK)�� (A^.X LEi ,,.r.V 1 s., j _ SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT a ,,o y OL1NIpnan R:.MStY Tea Statements for the rad Property described In tIW Wtrwaat LeoaaM my commission ollA m Mar. IG, 1996 be Not to (Include owe and address of Grantee): CITY OF EAGAN 3795 Pilot Knob Road rHIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Kevin W. Eide PAUL H. HAUGE & ASSOCIATES, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 (612) 454-4224 Eagan, MN 55122 S�r95 READ INSTRUCTIONS ON BACK OF THIS FORM PLEASE TYPE OR PRINT CLEARLY LGAA-20 (REV. 12-79) Rvr-o1931.02 CERTIFICATE I 1. BUYER'S NAME AND ADDRESS CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 SOCIAL SECURITY NO. OR MINN. IDENTIFICATION NO. MINNESOTA AL ESTATE VALUE 2. SELLER'S NAME AND ADDRESS ARNOLD A. CARLSON & ANNA C. CARLSON ROBERT S. TILSEN & JOYCE TILSEN 1255 Wilderness Run Road Eagan, MN 55122 SOCIAL SECURITY NO. OR MINN. IDENTIFICATION NO. 3. LEGAL DESCRIPTION OF ALL PARCELS (Fill in legal description below or attach 3 copies of legal description from instrument of conveyance) PLAT NAME WILDERNESS RUN FOURTH ADDITION LOT NO. 11 BLOCK NO, 5 OR: LOCATION OF PROPERTY TRANSFERRED 17. DATE OF SALE PRICE AGREEMENT lit purchase was on contract for deed, give contract beginning date.) 4, Number & Street or R.R. 5. Town or City Eagan 6. County Dakota MONTH: October YEAR: 19 81 8. Means of transfer (check one)Ui Warranty Deed UContract for Deed UOther (explain) 9. Total sale price including personal Property, assumed mortgage or contract for deed, taxes or special assessments ..... NONE - 10. Total amount of personal property, crops, etc., included in price (list on the back of the Dept. of Revenue Copy) .... — 11. Sale price of real estate only (subtract line 10 from line 9) ............................................... 12. Total amount of assumed old mortgage or contract for deed, assumed special assessments or taxes ................ . 13. Amount subject to deed stamp tax (subtract line 12 from line 11) (see instructions on back of form) ............. . NONE NONE 17. The property transfer was: Between relatives or related firms A gin" El A trade An inheritance (check one) A forced sale El An auction sale ® To or from a government or exempt organization El A partial interest transfer None of the above 18. If in your opinion this was not a sale between a willing buyer or seller, briefly explain why: No opinion 19. 1 (we) declare under penalty of law, that this certificate (including supplemental legal description) has been examined by me (us) and to the best of my (our) knowledge and belief is true, correct, and complete. (Signature of purchaser, setter, or agent.) 10-14-81 Kevin W. E1de Telephone number of (6 12) 454-4224 Print nems here SIGN HERE person signing this form:_ DO NOT WRITE BELOW THIS LINE 1B_ 18� 1161 LIMITED ESTIMATED LIMITED_ ESTIMATED LIMITED ESTIMATED LAND Cal BUILDING TOTAL TYPE OF TRANSFER PLAT —PARCEL S.D. USE CODE ACRES EXEMPT 14. Deed stamp tax (to determine tax, read instructions on the back of this form) ....................... I......... 15. KIND OF PROPERTY SOLD: ® Land only Land with previously used building Land with new building (give year of completion - --) (check one) QResidential �' Apartment (4 or more units) Seas./Rec. Residential a Seas./Rec. Commercial 16. PRINCIPAL INTENDED USE: (check one) El Agricultural 0 Commercial E] Industrial ® Other (explain) Trail Easement — 17. The property transfer was: Between relatives or related firms A gin" El A trade An inheritance (check one) A forced sale El An auction sale ® To or from a government or exempt organization El A partial interest transfer None of the above 18. If in your opinion this was not a sale between a willing buyer or seller, briefly explain why: No opinion 19. 1 (we) declare under penalty of law, that this certificate (including supplemental legal description) has been examined by me (us) and to the best of my (our) knowledge and belief is true, correct, and complete. (Signature of purchaser, setter, or agent.) 10-14-81 Kevin W. E1de Telephone number of (6 12) 454-4224 Print nems here SIGN HERE person signing this form:_ DO NOT WRITE BELOW THIS LINE 1B_ 18� 1161 LIMITED ESTIMATED LIMITED_ ESTIMATED LIMITED ESTIMATED LAND Cal BUILDING TOTAL TYPE OF TRANSFER PLAT —PARCEL S.D. USE CODE ACRES PAUL H. HAIIGE & AssociATEs. P.A. ATTORNEYS AT LAW SSOS SIBLEY MEMORIAL HIGHWAY EAGAN IST, PAULI. MINNESOTA 68122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER RICHARD J. KRAMBEER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 August 12, 1981 Re: Park Land Being Acquired from Tilsen Homes Lot 11, Block 5, Wilderness Run Fourth Addition Tax Parcel No. 10-84353-110-05 Dear Tom: Yv AREA CODE 512 TELEPHONE 474.4224 At your request, I have examined the title to the property above described, using for the purpose of such examination an Abstract of Title containing 170 entries, numbered 1 through 170 last certified by Dakota County Abstract Company as of July 29, 1981, at 8:00 o'clock a.m. Based on such examination, I am of the opinion that as of that date record title to the property was vested in Arnold A. Carlson and Anna C. Carlson, husband and wife, owners in joint tenancy of an undivided one-half interest and Robert S. Tilsen and Joyce Tilsen, husband and wife as owners in joint tenancy of an undivided one-half interest, free and clear of all liens, charges and encumbrances thereon, except as follows: 1. Real estate taxes for 1981 in the sum of $138.42 are unpaid. The Purchase Agreement provides that the City will pay the real estate taxes payable in 1981. Real-estate taxes for 1980 in the sum of $92.38, plus penalty and interest in an unknown amount, are unpaid. The Purchase Agreement provides that the City shall pay said delinquent taxes. 2. A trail easement running in favor of the City of Eagan affecting the property appears at Entry Number 169 consisting of the westerly portion of the subject property. 3. Special assessments against the property according to County records are as follows: sewer trunk, $89.82; water area, $106.70; and storm sewer trunk, $208.90 The Purchase Agreement provides that the City shall pay or abate these special assessments. This opinion is limited to the matters shown by the Abstract of Title. All matters not so shown are excepted from this opinion and include: (a) rights of any parties in possession; (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days; (c) general zoning and building laws and ordinances and other restrictions; (d) special assessments, pending special assessments and liens for unpaid municipal utility bills; (e) en- croachments, overlaps, boundary line disputes, and other matters which an accurate •t Mr. Hedges ' August 12, 1981 Page Two survey and inspection assessments not shown (commonly known as Gr streets or judicial m interests in crops or (j) rights which have of the premises would disclose; (f) any taxes and/or by the Abstract or deferred pursuant to M.S.A. 273.111 ?en Acres); (g) any alleyways, easements, rights-of-way, 3numents actually located upon the ground; (h) security fixtures; (i) water rights of the State of Minnesota; accrued since the date of certification of the Abstract. Certificates attached to the Abstract of Title concerning taxes, federal tax liens, District and County Court judgments and bankruptcy proceedings, indicate that there are no liens oustanding against the above described property and its present owners arising from encumbrances of this nature except as indicated. Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. Kevin id. Eide skk cc: Ken Vraa P.S. I have enclosed the Abstract of Title for this property for the permanent City records. THIS INSTRUMENT, WHEN SIGNED CITY OF EAGAN BY THE TREASURER, SHALL BE. COME A CHECK PAYABLE TO THE 3795 PILOT KNOB ROAD ORDER OF THE PAYEE NAMED FOR 17 913 EAGAN, MINNESOTA 55122 THE AMOUNT STATED. MID AMERICA NAT'L BANK 751429 Eagan, Minnewn 960 W � -' •C f�. t� "Nv'� i*J W � v1 i t N of � � �,e. �'. CHECK NO. PAY TO THE ORDER OF DATE CHECK AMOUNT r 17913 DAKOTA CO TREASURER OCTOBER 14, 1981 $ 239.61 - - - --- L J �. ..MAYOR TREASURER 1:0960 14 29 0: 11.1-0 i0 2 2110 DETACH BEFORE DEPOSITING REMITTANCE ADVICE CITY OF EAGAN 0 3795 PILOT KNOB ROAD • EAGAN,MINNESOTA 55122 ,..,;DESCRIPTION 1 -�r 1 ,. gRQSSAMOUNTj DEDUCTIONS- ' NET AMO4NTT. Carlson-Tilsen �•" i.,: Lot 11 Blk 5 Wilderness Run 4th r " 1980 Taxes - 93.58 1981 Taxcs - 138.42 239.61 •`i '. `;;; ; ;' •' 239.61 Penalties - 7.61 ,r. 1 • ti :♦ 1 CITY OF EAGAN 0 3795 PILOT KNOB ROAD • EAGAN,MINNESOTA 55122 November 1931 ADVISORY PARKS AND RECREATION C0141ITTEE JOB DESCRIPTION/QUALIFICATIONS - 0(zvy LALl L (Qualifications: 1. Resident of the City of Eagan. 2. Willingness and dedication to commit both time and personal energy to the committee. 3. An interest in both parks and recreation issues. Desire to provide a broad range of parks and recreation service to citizens of the community. 5. Interest in and knowledge of the community of Eagan. 6. Interest in recreation and parks fulfilling a vital role in the quality of life for Eagan residents. 7. Willingly seeks input from neighborhoods, organizations, and individuals. 8. Ability to maintain an objective approach to park and recreation issues. Responsibilities: 1. Attend and participate in regular monthly meetings and special meetings. 2. Attend and participate in appointed study committee which may be required to conduct the affairs of the Advisory Committee. 3. To make recommendations concerning parks acquisition and development to council and staff. 4. To review and make recommendations concerning recreation programming. 5. Annually elect officers of the Advisory Committee. 6. Provide input into park site planning. 7. Annually reviews the department budget, providing -suggestions to staff. 8. Performs fact finding tasks for City Council. Reports To: 1. City Council 2. Director of Parks and Recreation formance and Evaluation: 1. Self evaluation by committee. 2. Regular attendance and participation. 3. Knowledge and satisfaction that committee is full -filling a vital role in the community. Condition of Work: 1. 3 year terms; appointment by council. 2. No compensation; but a great deal of personal satisfaction to be offered. /D � Xov�mi�cr 1`.x$1 Page 2 r Duties of Chair -person I. To preside over regularly scheduled and special committee meetings. 2. To call special meeting of the Advisory Committee when required to conduct the responsibilities of the committee. 3. To act as spokes person for the committee. 4. With the Director of Parks and Recreation; establish a tentitive agenda for monthly meetings. S. Assign members to special study committees. 6. Advise and consult with individual members concerning their partici- pation on the committee. Duties of the Vice -Chair -person 1. In the absence of the chair -person, conduct meeting of the Advisory Committee. 2. To perform assigned task as might be requested from the chair -person Duties of the Director of Parks and Recreation 1. To assist in the development of the agenda and preparation of packet material. 2. To act as a liaison to the City Council for the recommendations made by the committee. 3. Provide direction and input to the committee concerning parks dedi- cation and recreational programming. 4. To perform fundamental research in the study of parks and recreation issues. S. To attend meetings of the Advisory Committee and study committee. it EAGAN ADVISORY PARKS AND RECREATION COMMITTEE The Advisory Parks and Recreation Committee is an appointed committee of the City Council of volunteer citizens. The purpose of the committee is to advise and make recommendations to the City Council concerning both parks and _ recreation issues. In addition the committee provides input to City staff, in affect, acts as an advisory board on community interests concerning recreation and parks. Organization: The committee consist of 10 members who are appointed by the City Council for 3 year terms. Chairman, vice-chairman and secretary are elected annually by the committee members at an "organizational meeting" in January. Study committees are also organized at this time. Meetings are held monthly, or at the call of the chair -person. — Members Role: The Advisory Committee's work covers a broad range of issues which must be acted upon in a timely manner. To accomplish this work regular attendance and participation by members. Occasionally, the formation of "task" or "study groups" becomes necessary to look into or work on more complex issues. Assignment to these groups is voluntary. Because regular participation is important to the functioning of the committee, the City Council in January of 1974 passed a motion that three consecutive absences by a member should then be replaced on the committee. If members find that commitments prohibit regular attendance or causes a period of extended absences, they should seriously consider resigning the committee. Perhaps the most significant responsibility the members have is to keep an open mind to parks issues. Listening, learning and discussion of issues are important aspects of committee work. Decision making should be based on in- formation gathered and what can be seen as working towards the betterment of the City and parks and recreation system. Maintaining objectivity in the face of special interest groups is often difficult, but essential to a balanced approach to parks. Both long term objectives and short term benefits should be considered on all issues. The Advisory Committee acts as a group; disagreement and divergent views are expected and desirable. However, these views are not to be represented to outside organizations/committee as being representative of the views of the Advisory Committee or City. Members need to be certain that they do not express personal views and interests as that of the City or Parks and Recreation Department. Responsibility/Authority: The committee does not have statutory powers, as do "Park Boards': It is a creation of the City Council with the responsibility of parks and recreation. The committee reviews residential development for recommendation of parks dedication; annually reviews the budget, provides input regarding programming, hears citizens requests and investigates issues for recommendation. In addition to the general responsibility of parks and recreation, the committee will perform "special" responsibilities as well. !2 page 2 As an example, the Advisory Committee provided input and reviewed the City _ wide Bicycle Trails Plan, the needs for a Master Parks Plan, and reviewed . plans for park development. Staff: The City employs a professional administrator for the Parks and Recreation Department whose responsibility includes the day to day direction and operation of the department. Directly responsible to the City Administrator and City Council, the director prepares the operational budget, purchase major equipment items, oversees the forestry department, and weed control program, plans parks maintenance and development activities, as well as give direction to the effective operation of recreational programming, etc. As the position relates to the Advisory Committee, the director prepares the committee's agenda and support information concerning agenda items. Items require`committee action, informational items on parks and programs are pre- sented by the director and communicated to the appropriate parties. The City Administrator and City Planner are often at meetings of the Advisory Committee and will comment on council directives, as well as background in- formation pertaining to City development. For Your Information: Park Dedication: The City has enacted an ordinance under Minnesota laws, Alch grants a community the authority to receive land for park purposes from residential developers. This dedication is set at10% of the land to be developed. In instances in which suitable land for park purposes is not available, or the amount of land is. not sufficient to support a park, a cash dedication is taken. The amount of the cash dedication is based on the type of residential unit. The committee annually reviews the fees for possible adjustment. The cash collected goes into the "park site acquisition and development" fund for purchase and/or development of parks throughout the community. Comp Plan: Required by the Metropolitan Council the City prepared a "Comprehensive Guide Plan" for the City. One segment of the plan includes parks. Neighborhood service areas were defined to help determine what park needs might be for each portion of the City. C.I.P. or Capital Improvement Program: The department has prepared a C.I.P. document which lists each park area and improvement to each park for a five year period. (This list does not include facilities) The five year program would cost (if funds were available) in excess of three (3) million dollars. P.U.D.: A planned unit development is an agreement between 'a City and developer/ land owner to develop the land included in the agreement according to a specific criteria; including residential densities, park land, commercial area, with a proposed time frame for development. P.U.D.'s run for a period of 5 to 15 years. Master Parks Plan: A Master Parks Plan is a document or intensive study of the park and recreation system to determine existing deficiencies in land and type of facilities the City needs to provide its citizens. The study seeks to focus -in on a specific park needs, prioritize those needs via -vis the rest of the park system needs, as well as provide direction for the department. 13 A COMMITTEE MEMBER'S CODE As a committee member, I believe that the primary purposes of a committee are to achieve effective and wise guidance of the department through group thinking and action, to raise the stan- dards of committee membership and to improve the level of recreation and park services to the community which supports it. I realize that mine is a community trust, that I represent all the people and that I have a duty to the community as well as to my park and recreation department I pledge myself, there- fore, to cultivate an "educated heart" so that I may be sensitive to my obligations and relationships in this trusteeship. I sub- scribe to the code of an ethical person, remembering that ethics refers to what a person is morally obliged to do or not to do in a given situation. I believe that committee service can be an expression of democratic citizenship, signifying a willingness to accept community responsibility and the charge to preserve popular control of American public services. Respecting the dignity and worth of the individual, I shall base my relations with people on their qualities as individuals without distinction as to race or creed or color or economic or social status. I believe that a person's greatest possession, as well as his ® greatest contribution to society, may lie in the ways in,which he differs from me, rather than in the ways in which we are similar. I shall accept these differences and try to build a useful relationship upon them. I uphold the principles of my organization, recognizing and assuming my responsibility as a committee member to establish and administer the best possible program and policies .for my park and recreation department. I shall learn its program and objectives, give to it a fair share of my time and personal abilities, keep a communitywide perspective knowing that, for sound community service, my department's.work must be coordi- nated with the total community. I promise to be loyal to my own organization and a good neighbor to other agencies. My attitude shall be one of co- operative open-mindedness and objectivity. In carrying out my assignments, I shall be professional in realizing that it- is not possible to lay down absolute rules for all situations. I shall be willing to think things through with the other committee members, weighing alternatives and exercising good judgement in choosing among them. I have faith in the fellowship of common endeavor, be- lieving that unity is accomplished through the resolution of differences and not in their suppression. I recognize the 4- value and the necessity of mutual understanding and teamwork between the committee and the staff in developing a good department. I realize that the functions of the committee and the staff are different but that, with common goals in focus, and with confidence in and respect for each other, methods of joint participation will not be difficult to find. I shall try to be a pond cormittee member: a believer, a planner, a doer, an interpreter, a prophet, a reformer, a builder, a friend, a Food citizen. Desirinp to contribute all that I can to the betterment of my community and its people, I willingly accept this code for committee members and will be guided by it. OVERSIZED L '0(,'UMEN '-) ,� � amt Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota GORDON ELMQUIST &, ASSOCIATES, INC, 1381 CENTENNIAL DRIVE ST. PAUL. MINN. 55113 APPRAISAL OF Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota MADEFOR City of Eagan Parks VALUATION DATE: January 25, 1978 PROPERTY OWNER: Name: Thomas Rooney Address: 00%don Efmquist & o4:isociaLes, —Inc. 1381 Centennial Drive St. Paul, Minnesota 55113 Phone 612/636-1950 Since // C cc //// 1946 �04LY012 GG7IL�LLCSE & cAiodatES, -qnC. REAL ESTATE APPRAISERS PHOTOS TAKEN JANUARY 25, 1978 Thomas Rooney Tract City of Eagan Parks Dakota County, MN 1. Marsh and water area on northeast part of subject. 2. Timbered area in central portion of subject. 3. Looking north from tract's south boundary. Since „' 1946 X �o4Qot2 GL20ilt U C AOCiatZl, n% C. REAL ESTATE APPRAISERS Appraisal of Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota TABLE OF CONTENTS Page Purpose of Appraisal . . . . . . . . . . . . . . . . . . . . . 1 Property Rights Appraised . . . ... . . . . . . . . . . . . 1 Legal Description . ... . . . . . . . . . . . . . . . . 1 Area and Neighborhood Data and Location . . . . . . . . . . . 1 Subject Tract Site . . . . . . . . . . . . . . . . ... . . . 3 Portion to be Acquired . . . . . . . . . . . . . . . . . 3 Improvements . . . . . . . . . . . . . . . . . . . . ... 3 Utilities . . . . . . . . . . . . . . . . . . . . . . . . 3 Access . . . . . . . . . . . . . . . . . . . . . . . . . 3 Tract History . . . . . . . . . . . . . . . . . . . . . . 4 Zoning . . . . . . . . . . . . . . . . . . . . . 4 Soils . . . . . . . . . . . . . . . . . . . . . . . 4 Highest and Best Use . . . . . . . . . . . . . . . . . . . . . 4 Market Value of the Tract Under'Appraisal . . . . . . . . . . 5 Courthouse Information . . . . . . . . . . . . . . . . . 5 Inspection . . . . . . . . . . . . . . . . . . . 5 Damages . . . . . . . . . . . . . . 5 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . 6 Addendum Since ��++/� //// 7948 �ozaon// GUG10��//t & T.11OC1atE1, 9nC. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the fee interest of the subject tract. Market Value is defined as: "The price which the property will bring in a competitive market under all conditions requisite to a fair sale which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge, and without undue stimulus." PROPERTY RIGHTS APPRAISED: As noted, the fee value of the tract will be appraised. LEGAL DESCRIPTION: Entire Subject Tract: T. 27N., R. 23W., Section 22; W�WISE� except N. 726' of E. 300', containing in all 35 acres. Portion to be Acquired: All of the above'tract will be acquired ex- cept for the N'ly 726' and except for the S.'ly 660'. The total area to be acquired is 193 ac. AREA AND NEIGHBORHOOD DATA AND LOCATION: The subject tract is located in the NW'ly portion of Dakota County in the former township and now city of Eagan. The property is located in the east -central portion of the City of Eagan. Dakota County is part of the seven county metropolitan area of the Twin Cities of St. Paul and Minneapolis. Planners at the Metropolitan Council estimated Since r /.// 1946 - �o¢cton Efinouc.E & �9.SoCtaE81, JnC. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 2 AREA AND NEIGHBORHOOD DATA AND LOCATION: Continued the 1974 population to be 2,026,771, with the forecast for the Year 2000 of 2,888,000 for the metropolitan area. Present population of the seven counties together, with the projection for the Year 2000 follow: Ramsey 496,688 - 623,250 Hennepin' 997,011 - 1,177,800 Dakota 175,160. - 426,650 Washington 100,842 - 244,550 Anoka 184,063 - 263,050 Carver 34,255 - 73,350 Scott 38,752 - 79,350 More specifically, the City of Eagan with a present population of about 16,000 is anticipated to have a growth to 73,800 by the Year 2000. In the, 1970 census;Dakota County ranked as the 34th richest county in the nation in terms of per capita income, with a median,family income of . $12;120,compared to the national median of just under $10,000. The county is trending from farmland to residential and industrial develop- ment. Future economic influence on higher density development in Eagan, Apple Valley, Lebanon Hills and Rosemount has been and will be brought about by reason of the proposed expenditure of approximately $26,000,000 on the Metropolitan Zoo located.within parts of the aforementioned munici- palities. In addition, proposed I-494 crosses the northern part of Eagan and I -35E is intended.to run northeast -southwest through Eagan and abutting municipalities. Since 194E 00taJo 1 EfmULSE & c �oclat&i, _q= . REAL ESTATE APPRAMERS Appraisal of: Thomas Rooney Tract Page 3 SUBJECT TRACT: Site: The entire subject tract consists of 35 acres. The property is all timber covered with upland species consisting of oak, popple, birch and other hardwoods. The tract has a long north -south dimension of 1/2 mile and an east -west dimension,;for the main part, of 660 feet. The northerly tract boundary is formed by Deerwood Drive, which is a gravel road. The southerly tract boundary is formed by blacktop Hwy. 30. A new home is under construction on the southerly 10 acres of the subject Tract. Portion to be Acquired: The portion to be acquired consists of that area lying north of the southerly 660' and south of the northerly 726'. It includes 19 acres. The tract to be acquired is entirely timber covered with the exception of some small marsh areas. The property is rolling to hilly in nature and would provide for very excellent residen- tial homesites of a wooded nature. Improvements: The only improvements lie on the portion to the south remaining. Utilities: At the present time sewer and water are not available to any portion of the subject tract. The nearest sewer and water lie. approximately 1/4 mile to the west. Access: The access to the entire tract is via either Deerwood Drive on the north or Hwy. 30 on the south. There is no access to the in- terior area. The land immediately adjacent to the west is currently Since �+Pp cc & 0T1�[JJ ��JJ 7948 0011don GLI YULt 10CCQtE1, _YnC. REAL E9TATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 4 SUBJECT TRACT: Continued under development. This will provide roads.coming very near to the interior of the subject tract, which is to be acquired. Further, if the current owner of the subject tract wished to sell building sites in the center of the tract, he would obviously provide access either from Deerwood Drive on the north or blacktop Hwy. 30 on the south. Tract History: The subject tract is currently being purchased by Mr. Thomas Rooney, who is constructing the house on the southerly part of the tract. Zoning: According to the County Zoning Administrator, the property carries an Agricultural zoning designation. Permitted uses in this area include agricultural uses, greenhouses and nurseries, stands for sale of agricultural products, one family detached dwellings and public parks and playgrounds. The minimum lot area is 5 acres with the mini- mum width being 300 feet. The frontyard setback is 30 feet, and the rear and sideyard setbacks are also 30 feet. Soils: Other than the marsh areas, soils on the subject trct consist of Burnsville -Hayden, Scandia sandy loams and loamy sands. HIGHEST AND BEST USE: It is this appraiser's opinion that the highest and best use of the en- tire subject=tract would be for very excellent residential homesites. Since �+p C �/ //%% 1946 0o¢clon E[mquLat & c; s od aEEs, JI2C. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 5 MARKET VALUE OF THE TRACT UNDER APPRAISAL: Since this is an unimproved parcel, the only approach used has been the market approach. Attached at the rear of the report is an analy- sis of the comparable sales used in the market approach. The adjusted sales indicate a range from $4,200 to $4,500 per acre for the subject per acre after adjustments. In my view, Sales 5 and 6 are the best (comparables, and a value of $4,500 per acre indicated is considered the subject's fair market value, Say $85,500. COURTHOUSE INFORMATION: The entire subject tract -consisting of 35 acres has a limited market value of $57,385. This is broken down between land and building. The land is estimated at S41,400 and the building at $15,985. The esti- mated market value is also $57,385. Taxes for the current year are $2,260.42 NHS. This property was inspected by your appraiser on January 25, 1978. The owner, Mr. Rooney, gave the appraiser permission to ,inspect the property. DAMAGES: The reader is referred to the Parcel Layout Sketch at the rear of the report. The portion of the subject tract to be acquired is in the central portion. The remainder to the north consists of 6 acres. As indicated under the zoning the minimum area required for a residential ISineG/pn//!!6 gO'ldot2 EL njulit GT �140datF_1, _yna. REAL ESTATE APPRAISERS Ir X Appraisal of: Thomas Rooney Tract DAMAGES: -Continued Page 6 lot is 5 acres with a minimum width of 300 feet. This remainder satis- fies those conditions since the width is 300 feet and the area is 6 acres. Access to this remainder also is good via Deerwood Drive which forms the remainder's northerly boundary. The remainder to the south consists of 10 acres; which also satisfies the zoning requirements in this district. In addition the 10 acre parcel to the south, which is the southerly remainder, has a house on it which is currently being- finished eingfinished by Mr. Rooney. Therefore, in my opinion, by acquiring the center portion consisting of 19 acres, neither the northerly or the southerly remainder will suffer any damages due to severing the property. CONCLUSION: As a result of my appraisal and analysis, it is my opinion that the portion of the subject tract to be acquired, consisting of 19t acres, had a market value as of January 25, 1978 of ($85,500), and there were no damages due to severing the property. EIGHTY FIVE THOUSAND DOLLARS Respectfully submitted, GORDON ELMQUIST & ASSOCIATES, INC. William H. Cushman, MAI WHC:ir February 2, 1978 gOZdon gj2jUL1E U 07110C1RtC1, -qnC. REAL ESTATE APPRAISERS PARCEL LAYOUT SKETCH ATE 1/ 5/7R PROJECT Eagan Parks COUNTY Dakota_ PARCEL NO. — OWNER Thomas Rooney Entire Ownership — Scale 1" a 660 ft. Part to be Acquired in Fee Section 22 Trap. 27N. Rge 23W. Part to be Acquired in Easement N .�jv/uNaX. �Oao�ov %Z-" • .t1 :V 00uton Efi29uist & c:;4aaoe1atei, —qnc. ' REAL ESTATE APPRAISERS • 1381 CENTENNIAL DRIVE s ST. PAUL, 'MINNESOTA 55113 ANALYSIS OF COMPARABLE SALES Market Approach NAS; Thomas Rooney Tract No. ' Subject Sale Sale Sale Property No. No.___5 No.____6_ Date of Sale 10/76 9/76 2/76, Price -Ad'. for Time $16,950 +13% $60,900 +16% $41,330 +230 'Sale Unit Sale Price acre $3,400 $4,100 $5,200 Assessments Assumed Free and Clear None None None Sewer (Public or Private) None None None None ' Water (Public or Private) None None None Street Im rovem'ts-Surface None access ass. Bit B' Frontage 660' 330' ' ' ' Depth 1/4 mile 660' 13201 logo, Area---Ft,--&r-Acres 19± 5 1 + Zoning Shape Rectangular Rectangular Rectangular 1 Topography lHill ing-Hilly Hill Rolling Hilly Soil Conditions Sandy Loam Soils Firm Firm Firm Relative Location Buildings INone I None INone FOR TRACTS WITH DWELLING OR CABIN ONLY Estimated Land Value Value Garage, Porch etc. ' Value Dwelling only S.F. content Dwelling Cost New/S.F. ' Depreciated Cost/S.F. Depreciation Adjustments of Comparables on a per acre fir.-} basis Sale No. 2 Sale Price per acre $ 3,400 ' Adjustments This sale will require an upward adjustment for time and for the very excellent timbered building sites on the subject. The sale will require downward adjust- ' ment for the sale's smaller size and marsh areas. After adjustments, a value of $4,200 per acre 1 is indicated for the subject. 1 ' 1 Value Indicated for Subject $4.200/acre gotdon eFfm9ut1f & --4a10ciatea, gnc. REAL ESTATE APPRAISERS • 1381 CENTENNIAL DRIVE ST. PAUL, MINNESOTA 55113 Sale No.—__ 5 _____ Sale Price per acre++ -.F.} S-- 4 100___ Adjustments In my opinion this sale should be adjusted upward for time and for the subject's excellent building sites. A downward adjustment is required for the sale's marsh areas, After these adjustments a value of $4,500 per acre is indicated for the subject, -------- Sale No.___6 Adjustments Value Indicated for subject____ S4,500[acre __ Sale Price per acre 200 This sale will require an upward adjustment for time and downward adjustments for the 'sale'-s'smaller size and marsh areas. After these adjustments, a value of $4,500/acre is indicated for the subject, Value Indicated for subject ____-$4,5BWacxe--_____ Correlation and Estimate of Value The adjusted sales indicate a range of $4,200—$4,500.per acre for the subject after adjustments, In my view Sales 5 and 6 are the best comparables and the value of $4,500 per acre indicated is considered th subject's fair market value, Value Estimate LUMYAKABLE SALES• LAND Property Address Eagan County Dakota Grantor St. Thomas Academy Grantee Not known ' Legal Description T. 27N., R. 23W., Sec. 23; E' ASE'34, S. 30 rods of E. 40 rods of SW14NE'y Present use Vacant Zoning AE• Best use Reg - 'Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit, Financing Contract Date of sale 5777 Grantor Conditions of Sale Arms Length Confirmed with Grantee Broker Confirmed By Writ: ' Special Assessments Assumed Non CONFIRwED SALE PRICE S 71 r 75 ' Photo and,,, Sk?�t/1 of ! 0om-rable PioP (xf 10,Y) .•s`` ' Descriptive Data The southerly 10 acres are wooded and front on a blacktop road. The remainder to the north is open. The land is rolling to hilly. Land Topography Size: Frontage 660' Depth 1/2 mile + Area 47.5 acres Per Multiple Unit S Per Front Foot 'S 1n7_9% Per Acre S 1 _ gan , ' Per Square Foot S Per Site S 71,250 ' GORDON ELMQUIST & ASSOCIATES. INC. Comparable no. 1 V. COMPARABLE SALES• LAND ' Property Address Eagan County Dakota Grantor Nary Diffley Grantee Doris Bartel Legal Description T. 27N. R. 23W., Sec. 24; E. 330' of W. 1320' of SkSWk Present use Vacant Zoning Ag. Best use Res. ' Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 10/1976 Grantor Conditions of Sale Arms Length Confirmed with Grantee x Broker W.D. Doc. #487250 ISpecial Assessments Assumed None Photo r !i '�;,✓.. .. . f Confirmed By Certificate CONFIRMED SALE PRICE S 15,000 ' Descriptive Data Tract fronts on 330' of a blacktop road. The property is rolling to hilly. 1 Land Topography Size; Frontage 330' Depth Per Multiple Unit S Per Front Foot 'S 45.45 Per Acre S 3,000 660' Per Site Per Square Foot S $ 15,000 5 acres GORDON E1JQUIST & ASSOCIATES, INC. Comparable no. 2 IProperty Address LuMYAKABUt 3ALLb-LAND County Dakota Grantor Jasper Dietrick Grantee Lexington South Legal Description T. 27N., R. 23W., Sec. 25; All th'. part SEkSE)z lying Wrly of Hwy. #3 Present use Vacant Zoning Ag. Best use Residential Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 3/77 Grantor Conditions of Sale Arms Length Confirmed with Grantee attornev Broker ' Special Assessments Assumed None Photo and Sketch of Comparable Property I Confirmed By Certificate CONFIRMED SALE PRICE S 57,300 Descriptive Data -_ The tract fronts on 1/4 mile of Hwy. 3 and 1/8 mile -.of Hwy.. 32, The property is rolling to hilly and has scattered large trees, There is v Land Topography about 2001 of frontage on a small pond, Size: Frontage 1320' Hwy. 3 Depth 1/8 mile ± Area 19.1± acres Per Multiple Unit S Per Front Foot 'S ' Per Acre S 3,000 Per Site Per Square Foot S ' GORDON ELMQUIST & ASSOCIATES, INC. Comparable no. 3 COMPARABLE SALE5•LAND" Property Address Eagan County Dakota Grantor Cecilia M. Shields Grantee Lexington South Inc. Legal Description T. 27N., R. 23W., Sec. 26; ElINE'-dWk Present use Vacant Zoning F.D. Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 12/65 Grantor Conditions of Sale Arms Length Confirmed with Grantee x McMenomv Broker W.D. Doc. #481525 Special Assessments Assumed None Photo r Confirmed By Certificate CONFIRMED SALE PRICE S 42,000 Descriptive Data This property is all open land and fronts on 660' of a blacktop road. �. Land Topography The tract is level to rolling. It 660' Hwy. 30 1320' Sise: Frontage Depth Area Per Multiple Unit $ Per Front Foot "S 63.64 Per Acre S 2-100 Per Square Foot S Per Site S 42,000 20 acres IGORDON BI2QUIST & ASSOCIATES, INC. Comparable no. 4 COMPARABLE SALES - LAND Property Address Eagan County Dakota Grantor Albert Basil et al Grantee Lexington South Inc.' Legal Description T. 27N., R. 23W., Sec. 26; AWINEkNWk, W. 165' E W1� Present use Vacant Zoning P.D. Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 9/76 Grantor Conditions of Sale Arms Length Confirmed with Grantee McMenomv Broker W.D. Doc. #476019 Special Assessments Assumed Photo Confirmed By Certificate CONFIRMED SALE PRICE S 52,500 Descriptive Data This property fronts on Hwy. 30 and is all open land which is level ' to somewhat rolling. LOtd Topography 1 Size: Frontage 495' Depth 1320' Area 15 acres Per Multiple Unit S IPer Acre S 3,500 - Per Front Foot 'S 706,06 Per Square Foot S Per Site S 52,500 ' GORDON ELIQUIST & ASSOCIATES. INC. Comparable no. 5 4 COMPARABLE SALES• LAND Property Address Eagan County Dakota Grantor Lexington So. Grantee Russell Swanson Legal Description T. 27N., R. 23W., Sec. 26; E. 330' of W. 660' of SEkSW; Present use Vacant Zoning Ag' Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing $6,000 down, $2,00/semi—ann. 8% Date of sale 2/76 Grantor Conditions of Sale Arms length Confirmed with Grantee Broker C.D. Doc. Special Ass.ssments Assumed Photo Confirmed By Contract CONFIRMED SALE PRICE S 33 000 Descriptive Data Tract is hilly and all timbered. A new building is being built north of road. There are about 8 acres north of Hwy. 32 usable. The remainder is in roadway or in narrow strip between Hwy. 32 and Holland Lake. ILead 'topography ISize: Frontage 330' Depth 1050' Usable Area 8± acres Per Multiple Unit S Per Acre S 1.,t S IPer Site Per Front Foot 'S 1110 Per Square Foot S GORDON ELMQUIST & ASSOCIATES, INC. Comparable no. 6 EAGAN T 27 N7R.23 W. Ong I SALES LOCATION MAP ® Subject O !any A 55116 REAL ESTATE Sale O SPECIA -JAMES E. _ LEY APPENDIX R QUALIFICATION STATEMENT OF APPRAISER Appraisals for Land and Water Conservation Act projects must meet educational and experience qualifications in accordance with Federal Management Circular 74-B as listed below: 1. A college degree of four years of verified active experience in the real estate field leading to a basic knowledge of real estate valuation; or any combination of such experience and formal course work sufficient to provide a total of four years beyond a high school education. 2. No less than four years of verified practical experience in various types Of urban and rural appraisals similar to the types of appraisals beiny conducted and the types of appraisal reports being reviewed. 3. Evidence of successfril completion of two or more real estate courses provided by a nationally recognized appraisal society or equivalent organizations. 4. Active affiliation with and accrediation by a nationally recognized appraisal socity (or societies) is desirable but not mandatory. Such affilia- tion or accrediation can he viewed as evidence in support of a sustained performance record of satisfactory experience. 5. For review appraisers, at least two years of field review experience in addition Lo appraisal experience is desirable. 6. Court experience is desirable where it may be necessary to resort to condemnation in order to complete acquisitions. I certify that 1 have attained the education and experience qualifications specified in paragraphs 1, 2, and 3 above and meet the desirable qualifications of//the following encircled paragraphs 4, 5, 6. Signature Title Date State of Minnesota State Planning Agency Office of Local & Urban Affairs Parks & Recreation Grants Section PARCEL DATA SHEET PROJECT: City of Eagan Parks COUNTY: Dakota PARCEL #: ' OWNER: Mr. Thomas Rooney PROPERTY ADDRESS: see legal TOWNSHIP: T. 27 N. RANGE: 23 W. SECTION: 22 1. TOWN: Eagan TOWN POPULATION: 16.000 MILES FROM TOWN: 2. TOTAL ACRES TO BE ACQUIRED: 19 ESTIMATED VALUE OF THE LAND: $85.500 3. A. Forest 16 B. Rock C. Cutover D. Swamp 3 E. Grass F. Water G. Cropland (A) (B) 4. TOPOGRAPHY, ACRES IN: A. Flat B. Hilly 19 C. Rolling 5. WATERFRONT, FEET ON: A. Lake B. Stream C. Impoundments 6. ROAD FRONT, FEET ON: A. Dirt B. Gravel C. Paved _ 0 7. NUMBER OF BUILDINGS: ESTIMATED VALUE OF IMPROVEMENTS: DESCRIPTION: 8. ELECTRICITY: Company Name: Voltage: Pole or Underground: 9. TELEPHONE: Company Name: Overhead or Underground: 10. LIFE ESTATE DATA: A. Value of Life Estate Area: B. Birthdate of owners: Wife I DATE: 3/7/z978 ' SPA/OLUA-17 9-74 TOTAL ESTIMATED COST: Since c//,,„,, L [C� ���/J /�� q// 1946 �0"dOn F 2Jui't U c:, 1oaCa&i, Jna. DEAL ESTATE APPRAISERS ASSUMPTIONS AND LIMITING CONDITIONS IDENTIFICATION OF THE PROPERTY: The legal description given to the appraiser is presumed to be correct. No opinion of a legal nature, such as to ownership of the property or condition of title is rendered. The appraiser assumes the title to the property to be marketable; that the property is an unencumbered fee; and that the property does not exist in violation of any applicable codes, ordinances, statutes or other governmental regulations unless stated in the appraisal report. UNAPPARENT CONDITIONS: The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable than otherwise comparable property. The appraiser assumes no responsibility for such conditions or for engineering which might be required to discover such things. INFORMATION AND DATA: The information and data supplied to the appraiser by others, and which have been considered in the valuation,are from sources believed to be reliable, but no further responsibility is assumed for their accuracy. DISCLOSURE 'AND 'USE: Disclosure of the contents of this appraisal report is governed by the By - Laws and Regulations of the American Institute of Real Estate.Appraisers of the National Association of Real Estate Boards. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the American Institute of.Real Estate Appraisers or to the M.A.I. or R.M. designation) shall be;dissemi nated to the public through advertising media, public relations media, news media, sales media or any other public means of communication with- out the prior written consent and approval of the undersigned. DISTRIBUTION OF VALUE: The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in con- junction with any other appraisal and are invalid if so used. SKETCHES AND MAPS: Sketches in this report are included to assist the reader in visualizing the property. We have made no survey of the property and assume no re- , sponsibility in connection with such matters. Since ��++p cc ��JJ ��%% 1946 Oota G�U11t & 0T110da&l, JYlC. REAL ESTATE APPR AIB ERB ASSUMPTIONS AND LIMITING CONDITIONS (Continued) COURT TESTIMONY: Testimony or attendance in court by reason of this appraisal, with reference to the property in question, shall not be required, unless arrangements have previously been made. CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. I have.no present or contemplated 'future interest in ,the real estate that is the subject of this appraisal report. 2. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved - 3. To the best of my knowledge and belief the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct. 4. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 5. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Stan- dards of Professional Conduct of the American Institute of Real Estate Appraisers of the National Association of Real Estate Boards. 6. The herein described property has been personally inspected by 7. No one other than the undersigned prepared the analyses, con- clusions and opinions concerning real estate that are set forth in this appraisal report. GORDON ELMQUIST & ASSOCIATES, INC. Date Date I0o tdon GLIM quliE U C 4i!io atzi, JnC. REAL ESTATE APPRAISERS APPRAISAL OF WILLIAM H. CUSHMAN Education: ' Graduated from the University of Minnesota in 1956 with a Bachelor of Science Degree in Forestry Attended and successfully completed the American Institute of Real Estate Appraisers Courses I, II, III and V, and a Real Estate Law Course at the University of Minnesota. In addition, several real estate seminars have been attended. ' Experience: Real Estate sales 1958-1961 Overman and Company, Duluth, Minnesota ' Staff appraiser for Bureau of Sport Fisheries and Wildlife, United States Department of Interior, from May of 1961 through November of 1966 Chief of the appraisal section, Bureau of Sport Fisheries and Wildlife, ` Midwest Region, from November 1966 through June of 1969 Staff appraiser for Gordon Elmquist & Associates, Inc. since June of 1969 Appraisals have been made for the following agencies: The Bureau of Sport Fisheries and Wildlife The Bureau of Outdoor Recreation Conservation Departments for the States of: Iowa Minnesota Ohio Indiana Missouri South Dakota Illinois Nebraska Wisconsin Michigan North Dakota Northern States Power Company Housing and Redevelopment Authority, City of St. Paul Numerous private clients United States Department of Justice Specific Types of Appraisals other than Residential: Industrial buildings, service stations, warehouses Motels, apartment buildings Rural lands to be acquired for park and recreation Wild River appraisals - Minnesota and Wisconsin Indian Treaty lands - Michigan, North Dakota, Montana (historical in nature) National Park lands - Northern Minnesota Abandoned Railroad Rights -of -Way All types of commercial and industrial properties Membership: American Institute of Real Estate Appraisers (M.A.I. 115392) Minnesota Association of Realtors General: Qualified to testify in courts as expert real estate appraiser Licensed Real Estate Salesman, State of Minnesota Vice President, Gordon Elmquist & Associates, Inc. 4 V , N 890,39'14" W —659.55— 0 w CD N O 0 M � 1 Z G ' V. -: \\ --490.00 qi•,-- South line of NE I/4 of - -. +- —660.23— 717, — — r '-North N 890 43' 16" W f- — - - w\ `v OOK O P M Ci Pc<es .).(Dot J� 5 N 890 43'16" W — —660.56— • 6 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PARK DIRECTOR SCHMIDT DATE: JANUARY 31, 1979 SUBJECT: ITEM FOR 2-6-79 COUNCIL MEETING Eagan received a check in January in the amount of $35,500 which represents the state share of the grant allocation for the purchase.of the addition to Patrick Eagan Park. This addition includes six -acres of relatively flat land to serve neighborhood park needs in this section, nine acres to complete the aquisi- tion around the north end of hake and 19 acres of wooded terrain to extend the western border of the park and expand the ski trails and connect to the trails being built in Hilltop Estates. The federal portion of the grant, $71,000, is reimbursable after the acquisition is completed. The City share of $35,500 is programmed to be paid from park bond funds as part of Part II of the Park Bond proposal. I am requesting that the City Council authorize Paul Hauge to begin negotiations with property owners Rooney and McCarthy for this acquisition. The estimated cost would be between $150 - $3 per parcel to include nego_iations, title check, and closing and assuming that the se-1-lers-are willing. Ttii.s expenditure has been budgeted to be paid from -Park -Bond -Funds. Action Requested: Authorization for City Attorney Paul Hauge to begin negotiations. Al • • PAUL H, HAUGE 6 ASSOCIATES. P.A. Al TORNEYS AI I.AW PAUL H. HAUGE 3008 SIBLEY MEMORIAL HIGHWAY AREA CODE 612 BRADLEY SMITH EAGAN [ST. PAULI, MINNESOTA 551P2 TELERHONC.154-12PA February 16, 1979 Mr. Thomas Rooney Attorney at Law Northern Federal Building 386 North Mabasha Street St. Paul., Minnesota 55102 RE: City of Eagan - Patrick Eagan Park. Dear Tom: The City Council has authorized me to begin negotiating the purchase of approximately 19 acres from you as an expansion to Patrick Eagan Park. I believe that Barbarn.Schmidt has indicated to you what land it is that the City is interested in acquiring. I assume that you have an asking price for the acreage and therefore, perhaps we can meet with Barbara if necessary and other staff persons at the City and attempt to set up a purchase agreement. I am enclosing a small drawing showing the approximate location. I would appreciate hearing from you at your earliest convenience. Very truly yours, Paul H. Hauge PHH:cdg enc. WIIITIrOtflce Copy No, lol ih/¢ YELLOGRIERNy;Sellur's Copy py \III AIlnnmgh.1[. °° PURCHASE AGREEMENT PINK—Buyer's Receipt ................... .Eagan.-... .............. Minn ., .............March.........,..............., 1979.... RECEIVED OF.. __ ...... C'ITY OF EAGAN ..................... the sum of Two Hundred and no/100----------------------------- 200.00 -- - ... ............._._....................._........._..............($........................) DOLLARS check as earnest money and in part payment for The purchase of property at (Check, Caeh or Now— State Which) 1235,.Coun..y..R9ad.. /30x..Eagan............................................................................................situated in the County of.......Dakp................................................ta ......., State of Minnesota, and legally described as follows, to -wit: Approximately 19 acres in the W1 of the A of the SE's of Section 22, T. 27, R. 23 including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water ranks and heating plant (with -any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: EIGHTY—FIVE THOUSAND FIVE HUNDRED and no/100----------------- 85 500.00 ........................................................................................................................................($.....�.................) DOLLARS, h the buyer agrees to pay in the following manner: May 15, 1979 /F'Eesn�st oney herein paid $ 200,.00,....,.,.. and $ 85, 300,_QQ,,,, cash, on..oiz...4.e.f.u.€/................... the date of closomgf^{IS 40 0 e Subject to performance by the buyer the seller agrees to execute and deliver a ... ... ... ,, ...... _. ........ ... -.....__. ...., Warranty Deed (to be joined in by spouse, if any) conveying marketable Tide to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) The buyer shall pay the real estate taxes due in the year 1980.YID1r��97�CpSid�pteptajtg+K¢Af89[B!t®.Rm��6�C711C876Zk r [dXt5 kq. Seller warrants that real estate taxes due in the year 1980 will be .... non-- - - - - homestead classification (full, partial or non -homestead — state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USI7D AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER ATE OF CLOSING. agreement The have r furthen er re with. Unless otherwise specified this sale Csha101 bong provided that all conditions of this The seller further agrees [o deliver possession not later Than closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before The closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ...Closing_ ...... _. _..._.,.,I ... ... _..................... ._........ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and The making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such tide marketable. Pending correction of tide the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided. This agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or he so made within said time, and Said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract :cod on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by The owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at The office of: - ...................- .......- .... -.... ...,..- Paul ..H...Hauge..&..Associates, P.A. .-....._...................... 3908 Sibley Mem. Hwy., Eagan, MN 55122 1, the undersigned, owner of the above land, do hereby approve By _...._ ... ..............................._...._.............................. .......... Agent the above agreement and the sale thereby made. I hereby agree to purchase the said property for The price and upon the terms above mentioned, and subject to all conditions herein expressed. CITY OF EAGAN .............................................................................................. (SEAL) ) Thomas J. Rooney Seller ..........ar''...................................elle.................................... ( SEAL) Barbara J. Rooney Seller .B.......................................................................................... (SEAL) Buyer Attest: .............................................................................................. (SEAL) Buyer PAR 60 P NSSR�tAENt NSTRU nEN7S Seller shall at his cost furnish a certificate of survey of the property at is the subject of this agreement.. The seller sha 1 arrange to have the su assist the Eagan park maintenance department set sur markers of the proper- ty. 2. It is understood that the purchase price herein is based upon V.,500 per net acre, and the total purchase price shall be based upon the'Kt acreage deter- mined by the.certificate of survey. 3. Seller shall pay all pending and levied assessments against the property in full at the time of closing. 4. As a part of the consideration herein, the seller, Thomas J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for personal use only as firewood, subject to all ordinances and regulations of the City of Eagan. This right shall expire upon the death of Thomas J. Rooney and is not transferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks notice shall be given of the seller's intention to cut any standing dead or dying trees. Notice shall be in writing, directed to the Eagan Park Department and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to examine them. The City of Eagan may deny the right to the seller to remove such standing dead or dying trees. The seller will clear and remove all resultant debris; limbs, etc. as soon after removal of the trees as is reasonably possible. In any event, the City has the first right to remove all dead or dying trees and in the event the City intends to remove all such trees, the City shall give the seller thirty (30) days written notice of its intent to remove all such trees during which time the seller shall be permitted to remove such trees as he desires. 5. The seller agrees to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the seller, including payment of reasonable attorney's fees.and expenses. Further, the seller shall acquire adequate liability insurance to the satisfac- tion of the City covering the removal of such trees and shall name the City as an additional insured on such insurance policy. 6. Eagan agrees to fence the Southerly boundary line between the property it is acquiring and the South eleven acres being retained by the seller. The fence shall be of comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the seller, his successors or assigns, shall at all times be responsible for maintaining such fence. U I .I ........ .._............ ,:-._.................Mirtn.,....,.............-..:............................. 19.:...... RECEIVEDOF,... .......... ..................... I ........ ..... -_... -........ _._.................._.._,,...-.-._..-.-_._...._.-.. the sum of .......... :_,....b'::!-...:'..............'o/Ja:...........................I......'..:.::....". ..........) DOLLARS . ..........................................as earnest money and in part payment for the purchase of property at (Check. Caah or Nate— Suite Which( _ .... y' County of. ... ...:::.':.;:..:i........................................................ State of Minnesota, and legally described as follows, to -wit: including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curmin rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in connection There- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- aror, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: ($ DOLLAr514MEHI3 buyer agrees to pay in the following manner. -1 I oney herein pard $ y and $r I..., cash, on t> .. , the dare of cl g - ...... Subject to performance by the buyer the seller agrees to execute and deliver a .... .......... ...... ................. -.... ,... ...... -.-_.-..__.... , ... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions tions relating to useor improvement of premises without effective forfeiture provision. . (c) Reservation of any minerals or mineral rights to the Slate of Minnesota. (d) Utility and drainage casements which do not interfere with present improvements. (c) Rights of tenants as follows: (unless specified, not subject to tens_ an 'will n..._........,.:m'e'na.._....,.••............. homestead etas The buyer shall pay the real estate taxes due in the year 19 `r.. C... 9ndfany unpetd�insmllments d( specielldssessmenrs'payable therewith ;md:thereafter. Seller warrants that real estate taxes due in the year 19 sification ( full, partial or non -homestead —state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession dare. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDI'T'IONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROP17R WORKING ORDER AT DATE OP CLOSING. �_ The seller further agrees to deliver possession not later than )'.� _........_ ...._. ................. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rat.[ adjustmems of-ren[s, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ... .._....�"'�r na ...'J ,.. _•.._.... .._,..._._....... .._........ ...... ........ _.... .._.. ._....._... . The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to dare to include proper searches covering bankruptcies, and Scare and Federal judgments and liens, The buyer shall be allowed 10 clays after receipt thereof for examination of said tide and The making of any objections thereto, said objections [n be made in writing or deemed To be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pendine correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 clays after written notice TO the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 daps from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property he found marketable or be so made within said time, and said buyer shall default in ;any of the agreements and continue in default for a period of 10 days, then and in that case The seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller ;md said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry, of the right of enforcing the specific performance of this contact provided such contract shall not be terminated as aforesaid, and provided action TO enforce such specific performance shall he commenced within six months :after such right of action shall arise. It is understood and agreed that [his sale is made subject to the approval by the owner of said premises in writing and That the under - Signed agent is in nu manner liable or responsible on ac'rount of this agreement, except to return or account for the earnest money paid under this cantruct. The delivery of all papers and monies shall be made at the office of: .. . ................................................. .. ...... .......... . ........... .. .. -. 1, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. .................... :.................................... -.................................... (SEAL) Seller ...... .........................._........._.......... .......... ..._........... (SEAL) Seller By... ____... _.......... .............._....................,........,...,.............,Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. ...... .................................. (SEAL) Buyer ...................................... Buyer ........................................... (SEAL) RI,iLLO:—Orfl Copy \n. 1517 h/i 1'ELI.N—Sal uycr'a y aColly l,- Copy ]t11J.ett-ll.,y l"" Vlinnuc Dolls PURCHASE AGREEMENT IllNK Buyer'r'a 11\K—Buyar'a Recclpt ........ .._............ ,:-._.................Mirtn.,....,.............-..:............................. 19.:...... RECEIVEDOF,... .......... ..................... I ........ ..... -_... -........ _._.................._.._,,...-.-._..-.-_._...._.-.. the sum of .......... :_,....b'::!-...:'..............'o/Ja:...........................I......'..:.::....". ..........) DOLLARS . ..........................................as earnest money and in part payment for the purchase of property at (Check. Caah or Nate— Suite Which( _ .... y' County of. ... ...:::.':.;:..:i........................................................ State of Minnesota, and legally described as follows, to -wit: including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curmin rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in connection There- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- aror, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: ($ DOLLAr514MEHI3 buyer agrees to pay in the following manner. -1 I oney herein pard $ y and $r I..., cash, on t> .. , the dare of cl g - ...... Subject to performance by the buyer the seller agrees to execute and deliver a .... .......... ...... ................. -.... ,... ...... -.-_.-..__.... , ... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions tions relating to useor improvement of premises without effective forfeiture provision. . (c) Reservation of any minerals or mineral rights to the Slate of Minnesota. (d) Utility and drainage casements which do not interfere with present improvements. (c) Rights of tenants as follows: (unless specified, not subject to tens_ an 'will n..._........,.:m'e'na.._....,.••............. homestead etas The buyer shall pay the real estate taxes due in the year 19 `r.. C... 9ndfany unpetd�insmllments d( specielldssessmenrs'payable therewith ;md:thereafter. Seller warrants that real estate taxes due in the year 19 sification ( full, partial or non -homestead —state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession dare. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDI'T'IONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROP17R WORKING ORDER AT DATE OP CLOSING. �_ The seller further agrees to deliver possession not later than )'.� _........_ ...._. ................. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rat.[ adjustmems of-ren[s, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ... .._....�"'�r na ...'J ,.. _•.._.... .._,..._._....... .._........ ...... ........ _.... .._.. ._....._... . The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to dare to include proper searches covering bankruptcies, and Scare and Federal judgments and liens, The buyer shall be allowed 10 clays after receipt thereof for examination of said tide and The making of any objections thereto, said objections [n be made in writing or deemed To be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pendine correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 clays after written notice TO the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 daps from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property he found marketable or be so made within said time, and said buyer shall default in ;any of the agreements and continue in default for a period of 10 days, then and in that case The seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller ;md said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry, of the right of enforcing the specific performance of this contact provided such contract shall not be terminated as aforesaid, and provided action TO enforce such specific performance shall he commenced within six months :after such right of action shall arise. It is understood and agreed that [his sale is made subject to the approval by the owner of said premises in writing and That the under - Signed agent is in nu manner liable or responsible on ac'rount of this agreement, except to return or account for the earnest money paid under this cantruct. The delivery of all papers and monies shall be made at the office of: .. . ................................................. .. ...... .......... . ........... .. .. -. 1, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. .................... :.................................... -.................................... (SEAL) Seller ...... .........................._........._.......... .......... ..._........... (SEAL) Seller By... ____... _.......... .............._....................,........,...,.............,Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. ...... .................................. (SEAL) Buyer ...................................... Buyer ........................................... (SEAL) Y \NS jRv PI'ISTRUr,dENT 1. Seller shall at his cost furnish a certificate of. survey of the property th. ' is the subject of this agreement. The seller shall arrange to have the survey assist the Eagan nark maintenance department- set survey narkers of the proper - tY 2. It is understood that the purchase price herein is based upon $4,500 per net acre, and the total purchase price shall be based upon the next acreage deter- mined by the certificate of survey. 3. Seller shall. Pay ail pending and levied assessments against the pronertv in full at the time of closine,. 4. As a part of the consideration herein, the seller, Thomas J. Rooney, shall. have the nonexclusive right to remove fallen or dead trees for personal use only as firewood, subject to all ordinances and regulations of the City of Ea?an. This right shall expire upon the death of Thomas J. Rooney and is not transferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks notice shall be given of the seller's intention to cut any standinE dead or dying trees. Notice shall. be in writing, directed to the Eagan Park Department and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to examine them. The City of Fagan may deny the right to the seller to remove such standing dead or dying trees. The seller, will clear and remove all resultant debris, limbs, etc. as soon after removal of the trees as is reasonably possible. In any event, the City has the first right to remove all dead or dying trees 1 and in the event the City intends to remove all such trees, the City shall Dive the; seller thirty (30) days written notice of its intent to remove all such trees during which time the seller shall be permitted to remove such trees as he desires. 5. The seller nGrees to hold the City harmless from any claims or causes of action on behalf of anv person that may arise in any way from the removal of such trees by the seller, including payment of reasonable attorney's fees and expenses. Further, the seller shall acquire adequate liability insurance to the satisfac- tion of the City covering the removal of such trees and shall name the City as an additional insured on such insurance policy. 6. Eagan agrees to fence the Southerly boundary line between the property it is acquiring and the South eleven acres being retained by the seller. The fence shall be of comparable quality and construction as that provided by the Eapan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the seller, his successors or assigns, shall .,1 at all times be responsible for maintaining such fence. OFFICE OF LOCAL AND URBAN AFFAIRI3 MINNESOTA STATE PLANNING AGENCY • CAPITOL SQUARE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE (612) 296.3091 March 2, 1979 Ms. Barb Schmidt Park Director 3501 Coachman Road Eagan, Minnesota 55112 RE: 27-00861 Patrick Eagan Park City of Eagan Dear Ms. Schmidt: Enclosed are two sets of forms which must be reviewed and signed by the landowner during negotiation as requested. Sincerely, P n Peter W. Klose Project Officer Parks and Recreation Grants Section PWK: PP Enclosures AN EQUAL OPPORTUNITY EMPLOYER pO gAUL H. HAUGE & ASSOCIATES, PA ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 56122 PAUL H. HAUGE BRADLEY SMITH March 7, 1979 Mr. Thomas Rooney E3—ant)- 930 — Ea122 Dear Tom:O AREA CODE 612 TELEPHONE 4544224 I am enclosing a copy of the appraisal that was done by Gordon E],mquist and Associates, Inc., that I indicated I would send to you when we met with Barbara Schmidt. At that time, we discussed several issues regarding the suggested acquisition of. about 19 acres from you North of the Caponi land adjoining Patrick Eagan Park. There is access to the'property from the west and it is possible that access from the North from Deerwood Drive is not necessary. However, Babara will be looking into the possible necessity of having access from Deerwood Drive as a connecting link and we hope to let you know this within a short period of time. In addition, she is looking into the possibility of moving the South line of the property and also adjusting the North line adjacent to the property that you sold some time apo. After you have had a chance to look at some comparables and the Park Committee has had a chance to review the proposed adjustments of the park lines, possibly we can get back together and finalize the location. You indicated that you had a survey of the whole parcel and I would appreciate if you would send a copy to me. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt 3-1161-7-7 1Ao � �1 / CM P� R��-`� 9 0 Fc) t-1 PROPERTY SURVEYSSUBDIV• • DESIGN TOPOGRAPHIC IIMAPS C.R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 March 21, 1979 Ms. Barb Schmidt City of Eagan 3501 Coachman Road Eagan, MN 55122 Dear Ms. Schmidt: Enclosed are two prints of the certificate of Survey for the Thomas J. Rooney property in Section 22 in Eagan, Minnesota. Very truly yours, C. R. WINDEN && �AS,S-O_C-IIATTEES, INC. Rodeny H. Halvorson RHH:es enc. 1 C.:rG. a �� G�... � I it't.l.Lt• F• � lr Ci U� L �"2-�•.4�/C �.L�C,%-.i iJ'�' f• :.a�.::= ��"V ��'P�G� /J ti, �'-/.•-... �I 'Croai•�• ( l.;I tt;?..,_<<..r.-.L.-;o ✓, •P^..C..!.• � c/.4.e:.., i �L.t,�,.. pct �: .; rf�1•P PAUL H. HAUGE BRADLEY SMITH *AUL H. HAUGE & ASSOCIATES, P. ATTORNEYS AT LAW 3608 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 March 23, 1979 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 Dear Tom: AREA CODE 612 TELEPHONE 454-0224 I am enclosing a proposed purchase agreement encompassing the items that you and Barbara Schmidt and I talked about when you were last in on March 16th. You mentioned that you would be back during the week of March 26th and we have set a meeting again at my office for Wednesday, March 28th at 8:30 a.m. Please review the purchase agreement and then we can discuss the agreement in more detail when you meet with us. PHH:cdg enc. cc: Barbara Schmidt Very truly yours, Paul H. Hauge 16 0 /VL r R'111Tl—Office Copy Vn. 1517;¢ i YELLOW—Buyer's Cnpy GREEN—Scller's Copy \IILI ER -DA \'15 Co. 1'INR—Buyer's Receipt + MinneapolisRCHASE AGREEMEN .................. E.AMMan..... _........... ...Minn.. _... _...... March ..29...................., 19...79. RECEIVED OF....City of Eagan the sum of.....Five..Hundred............................5.00...0.0 .DOLLARS............................................ check „as earnest money and in part payment for the purchase of property at (Check, Cnxh, to be deposited upon acceptance, or Note— Stab W h1e6) ... 3.0 ..................................... ..........................................................situated in the . County of ....Da,kota alstd�gofS°ws, to -wit: The South 1251.13 feet- 'or- twe th"Y'�91gaTff eo 'We1 e the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, ranks, stokers and ocher equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land all of which property the undersigned has this day sold to the buyer for the sum of: .Eighty-f.ive,.,Thousand„Fiye,.Hundredand no/100-----------7777-- .($ 85.r..... 500...00..) DOLLARS, ... .....................................-............ which the buyer agrees to pay in the following manner: 1979, Earnest money herein paid $ .500.00.._...... and $....$5,000.00 cash On ..or... before April 15 t the date of closing. 1. Sellers shall pay all assessments for improvements presently in and servicing the property. 2. As a part of the consideration herein the Sellers, Thomas J. and Barbara J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for their personal use as firewood, subject to all the ordinances and regulations of the City of Eagan and applicable statutes and regulations of the State of Minnesota. This right shall expire on the death of the survivor of the Sellers and is not trans- ferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks' notice shall be given of the Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Depart- ment and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to locate And examine them. The City of Eagan may deny the right to the Seller to remove the trees in the event they are not dead Subject to performance by the buyer the seller agrees to execute and deliver a _... ..___ _.. ..... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision, (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tr�8(hdareies) The buyer shall pay the real estate taxes due in the year 19 .BU .AAXKPPW alhwft. Seller warrants that real estate taxes due in the year 19 8 will be _.. non homestead classification (full, partial or nun -homestead — stare which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. dg to Of closing The seller further agrees to deliver possession not later than provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, ac the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents}} interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ._.. .date oL closing .. __..... .. _. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tide, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments anti liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections uh be made in writing or deemed to be waived. If any objections are so made the seller shall he allowed 120 days in make such tide marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of tide and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the dute of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for it period of 10 days, then and in that eau the seller may terminate this contract anti on such termination all rhe payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made .subject to the approval by the owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at the office of: ................ .................... —.............. ,.............. ................... ... P.aul..8....Hauge..and..Assnciates,..P..A._....... ....... ....................................... ................. I.. ... __._,.._... _.... ., 3908 Sibley Memorial Highway ................. Agent By........................................................................ $bove a r ed$�BSt0�Se thrT]-oy land, do hereby approve b p pro try for the price and the above a regiment and the sale there y made. 1 herebyagree to purchase the said b upon the terms above mentioned, and s i iea to all conditions � herein expressed. CITY OF EAG .......... . ..........:`.4�i1.......... _.... ... ...........(SEAL) By: Thomas J. Boone ller e... d...., �/�j�<.............................(SEAL) h Attest: �e (SEAL) ...... �.... er ........... ...................(SEAL) ............................. Gl...._... �-�............... Barbara J. Rooney iii Bever V/ or dying. Seller will clear and remove all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notification period, the Sellers shall have the right to remove said dead or dying trees. The parties may waive the strict provisions of this paragraph by written agreement. 3. The Sellers agree to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the Sellers, including the payment of reasonable attorney's fees and expenses. The Sellers shall include the City of Fagan as an additional insured upon the Sellers' liability insurance policy for the liability assumed hereunder in an amount of $300,000/$300,000 on a standard form personal liability insurance policy and furnish a copy of said policy and certificate of said insurance to the City. 4. Eagan agrees to fence the Southerly boundary line between the.paroperty it is acquiring and the South 1l± acres being retained by the Sellers. The fence v' shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Sellers, their successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the closing. 7. Each party will pay one-half of the surveyor's costs which will include setting iron pipe monuments at the corners and setting red flag lath at approxi- mately 200 foot intervals around the perimeter of the land being purchased by .the City of Eagan. STATE OF MINNESOTA SS. COUNTY OF RAMSEY The attached instrument was acknowledged before me this 29th day of March, 1979, by Thomas J. Rooney and Barbara J. Rooney, %hu band and wife. LA 221 I �LSo.J Public 5p LARRY NEILSON j = NOTARY -PUBLIC - MINNESOTA STATE OF MINNESOTA 25$ RAMSEY COUNTY ' My Comm. Expires Dec. 10, 1982 vvvwwvv�n SS.. nn,,. " COUNTY OF DAKOTA The attached instrument was acknowledged before me this 3rd day of April 1979, by Leo Murphy and Alyce Bolke. Mayor and City Clerk of the City of Eagan, a municipal cor rati Notary Public ,I t a '.WHITp}--Ottice Copy f No. ISItill, �'rl I YFLLA Buyer's COPY il' �i 11�� ,. 'GREEN-9e11erb Copy •: MILLER•DAVIS Co. I - PINK—Buyer's it"Ipl.. hrinaeapnlle '0JR' ASE AGREEMEN f ' Satin' Mercer %�j 79 ...............................L....Mmn, ';!r Z...., 19..... , RECEIVED OF City of Eagan - ................ ) DOLLARS __ __.. vsve:xun>sred �t�cd noltov soa.00 the sum of ... ..... . ohobk:... (3 ...... r :. ..as I earnest money and in part payment for the purc*e'of property at (Cheek. Cmh. to bo V. ...... ........ ..DaiSOte.....:...:..........::........................:... �. .....::... . .�:.. .....situated in, the .. County of .................. ...::.., State bf. Minnesota; and legally described as follows, to=wit-. ..I,. .......... fincluding all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, fighting, fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with *any burners, ranks, stokers and otter equipment used in connection there- with), water softener and liquid gas rank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air, conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land r` .................................................:.................... n�....�....................... ghThic g i�out&a� rive tm at, and to er for the sum of: " gg�S00.00 hic th .. e nod t tc ... ......: (_........ ` DOLLARS, which the buyer tees to a e .(wowing man g ., Y 8 pay `9�. - a' a by E an, ;000 or before April 19 L�ilnes8�f44YxheH449P4'dp 'aril aBae(�trta or ^� t��sing. 5.�_ the property. 2. An a part of the �cen�aidion here n the Sellers, Thomas J, a BarbaraRooney, shall haysive right to remove fallen or dead trace for eir personal use asevood, subject to all the ordinances and regulations.of the City of Eag This right shall aspire on the death of tbo survivor of the Sellers and is not transferable or assignable. NOtiotiee•shall be required of the removal of fallen traria but two weeks' notice'shall be given of that Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Dopartment and.`shall sufficiently describe the trees r g intended to be felled so as"to tunable the Sagan Park Department to locseo and Crl alDvnnt no t1onu. The City of Eagan may deny the right to the Bnllnr to remove the I:oA� Hf,1T ane in the event they are n6t dead or dying. ,Seller will clear and remove lr all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty (60) days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notificat on period, the V� Sellers shall have he right to remove said dead or dying trees. _ �. �.��Z,�' (Y-�.� � �l./¢Ni-.t—n--.:- a e -p / lnO--�� !/-.,fJ- � •'7f''� � Gr% 3� The Sellef-jagrees to hold the City harmless"from any claims or causes or. action on behalf of any person that may arise in any way from the removal of such trees by the Seller, including the payment of reasonable attorney's fees and expenses. The Seller shall include the City of Eagan as an additional insured upon the Sel liability insurance policy for the liability assumed hereunder in an amount,of $300,000/$300,000 on a standard form personal liability insurance companx"..and., furnish a copy and certificate of said insurancer/j f— �c�� 4. Eagan agrees to fence the Southerly boundary line between tiie property it is acquiring and the South ll-:racres being retained by the Sellers. The fence shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Selle{ his successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the losing. 14 t - ' ICI STATE OF'M ESOTA(' SS. COUNTY OF r The attached instrument was acknowledged before me this,2E ay of March, 1979, by Thomas J. Rooney and Barbara J. Roongya, husband and wife. Fill "I M\\!FA'f7�fl! 5 , ', ., LARRY NEILSO NOTARY PUBLIC - 111! 11 Qotary Public ,'v,, ti. onenecv MI NTY .•..___ WI IITI-Offlrr Copy ]'n. 1517 tF- 1'I{ILr IK'—I hq'rr•x Copy .ItP.I:\—Srllrr'x Copy' .\II I.LI•:II-UA\'IS 1: n. PINK—n W'crx IWeript "'°°°' °"x OJRCHASE AGREEMEN'S .................. Eagan ........ .............. Minn .,........... March...29....... ........., 19 79 RECEIVED Off..... City of Eagan the sum of... Five. Hundred and no/100----------------------------- 500.00 .................................... (S .._ ) DOLLARS check as earnest money and in part payment for the purchase of property at (Check, Cxxh, W be deposited upon occaptance, or Nato — State Which) 12.35_,County..Road..3Q ................................... I .... ....................... .-.... -.................. ... .situated in the County of....... Dakota gra f in eso 1 I el ( ws, 10 -wit: The South 1,251.13 feet of "tTie"NoiEli"1:;911.f3° feed o�''thi V'e�t �fl��2i %�% the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, wind()% - shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixrures and bulbs, plumbing fixtures, hot water tanks and heating plant (wilh'any burners, ranks, stokers and other equipment used in connection there- with), wirer softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land all of which property the undersigned has this day sold to the buyer for the sum of: Eighty-five. Thousand „Five .. Hundred „and no/100----------------- 85 500.00 .......................................................(:.......r............. )DOLLARS, which the buyer agrees to pay in the following manner: 1979, Earnest money herein paid $..500,.OQ......... and f....85 r000.00 cash, on or before April 15, the date of closing. 1. Sellers shall pay all assessments for improvements presently in and servicing the property. 2. As a part of the consideration herein the Sellers, Thomas J. and Barbara J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for their personal use as firewood, subject to all the ordinances and regulations of the City of Eagan and applicable statutes and regulations of the State of Minnesota. This right shall expire on the death of the survivor of the Sellers and is not trans- ferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks' notice shall be given of the Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Depart- ment and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to locate and examine them. The City of Eagan may deny the right to the Seller to remove the trees in the event they are not dead Subject ro perfonnanm by the buyer the seller agrees to execute and deliver a ... .. ._. Wauanly Deed (n) be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions (a) Building and zoning law's, ordinances, Stam and Pederal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rigbrs of tenants as follows: (unless specified, not subject to t1tlpmics) The buyer shall pay the real estate taxes due in the year 19 . �3t1 ,1 a, Seller warrants that real estate taxies due in the year 19 6 will be ..,... .._ ._, n._.....,...,.._...... homestead c'la+silirarion ( full, partial or non -homestead —state which ) Neither the seller nor the seller's agent make any representation tut warranty whatsoever contenting the amount of real estate taxes which ..hall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely widlin the boundary lines of the property and agrees ul remove all peso n l property not included herein and all debris from the premises prior w possession date. SELLER WARRANTS ALL APPLIANCES, BEATING. AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER i-ORKING ORDER AT DATE OI' CLOSING. The seller further agrees to deliver possession not later than date of closing provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closet) on or before 60 days from the date hereof. In The cvenr this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at rhe purchaser's option, and all monies paid hereunder shall be refunded to him. -File buyer and seller also mutually agree that pro rata adjustments of rents interest, insurance and city water, anti, in the rise of income prop(ny, current operating expenses, shall he made as of .date ok closing - ..... The seller shall, within a reasonable tins after appwvxl of this agreement, furnish an abstract of tide, tar a Itc-6,mred Pruperq- Ab,traa certified to date w include proper searches covering bankruptcies, and State and Federal judgments and liens. The boyo shall be allowed 10 •lays :dace rcu'ipt thcrenf for examination of said tilt and the making of any objections thereto, said objections o, he ns.lde in "'Tiring or deemed to be ";hived. If any objections art- so inaJe the seller shall he allowed 130 Jays it, make such title nurker,iLle. pen ling coro,don of ride the payments hereunder required shall he postponed, hitt upon correction of tide and within IO Jays after written nori,e m The buyer, rhe parties shall perform this agreement aanrtling to its cerins. If said title Is not marketable and is not made so within 120 days from the date of written obicctionx thereto as above provide.. This agreement shall be null anti void, at option tit file buyer, and neither prin6pal shall he liable for damages hereunder To Ill,- other prim,pal. All money rh,mofurc pair) by the buyer shall be refunded. If due ride u) said property lie found marketable or he sit made widlin said time. and +aid buyer shall default in any of the agrecmems and continue in default for a period of Ill days, Then and in that case The seller ntay tvrininate this cunrracr and on such termination all rile payments made' upon this contract shall be retained by said seller and +-yid a,:em, . flit it respective i nerests may appear, as liquidated tamales, rim(. bring of the essence bcrtol. )'his provision shall nor deprive ruhar l),,rty ,d the right nl cuforting the spttific performance of This cuuoan provided wdh ,,Duna .+ball Ani be wnninatel as alore,61..o,.I pr,sol"J oo'n u, enf,mv such spvcilic performance shall be tommenfed "'irhiu six oumrhs after suth righr of anion sb.Jl uio' It is undcn.onnl and agreed that this sale is made subjtst of abs approval by the ow'nrr of said premises in "'ruing and that file under- si,pmal spam is in no manner liable or respomiblc on auounu of this agurmem, extept to Tenon or auomt for the earnest money paid under this,onusO. The delivery of all papers and monies shall be made at the once of: — ...................... I ............ . _. ............. .... ....P.aul..H....Hauge..and..Associates,. P.A....................................................................... 3908 Sibley Memorial Highway By......................................................_.............,. . ......... .. Agent $a�e ou� tnient an the ale therebyve land, do hereby approve The above arrca•nu•nt and the sale thereby made. I 1 hereby agree to purchase the said property for the prim and (SEAL) Thomas J. .:G't! ................ ...................(SEAL) Barbara J. Rooney upon upon the terms above mentioned, and subject to all conditions herein expressed. ITY OF EAG AN. �........ ........................ Attest: _..._... _.............. ..................................................................(SEAL) Buyer or dying. Seller will clear and remove all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notification period, the Sellers shall have the right to remove said dead or dying trees. The parties may waive the strict provisions of this paragraph by written agreement. 3. The Sellers agree to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the Sellers, including the payment of reasonable attorney's fees and expenses. The Sellers shall include the City of Eagan as an additional insured upon the Sellers' liability insurance policy for the liability assumed hereunder in an amount of $300,000/$300,000 on a standard form personal liability insurance policy and furnish a copy of said policy and certificate of said insurance to the City. 4. Eagan agrees to fence the Southerly boundary line between the paroperty it is acquiring and the South Ili acres being retained by the Sellers. The fence shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Sellers, their successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the closing. 7. Each party will pay one-half of the surveyor's costs which will include setting iron pipe monuments at the corners and setting red flag lath at approxi- mately 200 foot intervals around the perimeter of the land being purchased by the City of Eagan. STATE. OF MINNESOTA SS. COUNTY OF RAMSEY The attached instrument was acknowledged before me this 29th day of March, 1979, by Thomas J. Rooney and Barbara J. Rooney, 7h up. band and wife. a,J ary Public LARRY N NOTARY PUBLIC IC - MINNESOTA STATE OF MINNESOTA RAMSEY COUNTY My Comm. Expires Dec. 10, 1932 SS. rVVVVVy w .n/VVVVVWVVWVVWV0■ COUNTY OF DAKOTA The attached instrument was acknowledged before me this 3rd day of April 1979, by_Leo Murphy and Alyce Bolke. Mayor and City Clerk of the City of Eagan, a municipal cor rati Notary Public C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645-3646 For: 1381 EUSTIS ST., ST. PAUL, MINN. 55108 THOMAS ROONEY Sourri /"g,- o/' /9//-/3/;- O;" YY/a o; °EI4 C0&V21Rod No. 90 _ 66787 /1,9905a 0i" w M Saufh //n e or SE%¢ o -f c 2? T? 2 1?23 DESCRIPTION OF PROPERTY 9co%: /"/00 Mol -ch /979 The West quarter of the Southeast quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota except the North 1911.13 feet thereof. 1 hereby certify that this survey, plan, or report VM prepared by me or under my direct super- vision and that I am a duly Registered I -and Surveyor under the laws of the State of Minn- esota.�y z/ 0 Date i-29-79 Reg. No. /a9'<'% Survey — Drawn AfliQ( Checked -_----Approved 1 C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645.3646 For: 1381 EUSTIS ST., ST. PAUL, MINN. 55108'/ 'h THOMAS ROONEY South /ine us /orr6'6'D �'� 660.88 1169 °49'/6"'W i r I 0 �d h l4 00 Scale: /"/00' CIV e /Ylorch /979 Q, I i 1 t CL H m a U T� Xr e Y P v=e> g gg PPS �7 >� G U 9ourh iii�e a� Narfh 1911-13 F'/ o' WZev 0/' SE% a/' S'ec' PP DESCRIPTION OF PROPERTY The South 1251.13 feet of the North 1911.13 feet of the West quarter of Southeast quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645 •3646 For 1381 EUSTIS ST., ST. PAUL, MINN. 55108 THOMAS ROONEY No-rfi iine O,�" SEs of S'ec <P 290-02 Deer ry000 Drive 9 YX.A!98 IV&9V3'/6, "lly Soufh /ine O.r /YOrY/7 06b j'! c° DESCRIPTION OF PROPERTY Sco 16" / "_ /00' Mol -ch /979 The North 660 feet of the West auarter of Southeast quarter of 'Section 22, Township 27, Ranae 23, Dakota County, Minnesota, except the East 330.20 feet thereof. 1 hereby certify that this survey, plan, or report was prepared by me or under my direct super- vision and that I am a duly Registered Land Surveyor under the laws of the State of Minn- esota. y Date 3 z> -%i Reg. No./0917 Survey _ Drawn 44/.-/ Checked Approved SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 March 30, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is Purchase Agreement which has been executed by Barbara and me and which has been notarized. Would you please have this contract executed on behalf of the City of Eagan and return me the original copy together with the earnest money recited in the Purchase Agreement. The Surveyor has given me an estimate that the surveying cost will be between $450 and $650. He will not give a firm quote because of the possibility that he may encounter some unusual con- ditions in the field. Mr. Winden told me that the likliehood of exceeding his estimate would be only one chance in a hundred. The work the surveyor will do includes monumenting the iron pipe,monuments at the 4 corners of the property the City is purchasing and setting red flag lath.at the appropriate intervals. It also includes setting 2 iron pipe monuments dividing the 2 - 5 acre tracts to the north of the property the City is purchasing and removing the monuments which formerly set Tom Bergin's line. Certi- ficates of Survey are also included. Yours very truly, THOMAS J. ROONEY TJR/br / Enc. �'- _ -3 - '% cc: Chuck Winden /J // LEO MURPHY MAYOR THOMAS EGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBERS Mr. Tony Caponi 1215 County Road #30 Eagan, MN 55121 • CITY OF EAGAN 372E PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454.6100 I.m¢al March 30, 1979 RE: Patrick Eagan Park Dear Mr. Caponi: THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLK! CITY CLERK The City of Eagan entered into an agreement with you on concerning the construction of a fence separating the South line of Patrick Eagan Park and the North line of your property lying Northerly of County Road #30. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terrain and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED: THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. 0 0 MINNESOTA CENTRAL C R E D I T U N I O N 577 UNIVERSITY AVENUE* ST. PAUL. MINNESOTA MAILING ADDRESS: P.O. BOXXWW • ST. PAUL. MINNESOTA 55165 3068 April 2, 1979 Mr. Paul H. Hauge, Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 RE: Thomas J. Rooney Mortgage Dear Mr. Hauge: Telephone 222-6574 This letter is being sent to you upon the request of Mr. Thomas J. Rooney. As of April 2, 1979, the principal balance on his real estate mortgage with us is $43,337.31 and the per diem interest is $9.50. Should you require further information, please contact us. GAL/mak cc: Mr. Thomas J. Rooney G. yours, -Manager MEMBER MINNESOTA LEAGUE OF CREDIT UNIONS ... CUNA INTERNATIONAL, INC. 'Jaw.. THIS INSTRUMENT, WHEN SIGNED CITY OF EAGAN BY THE TREASURER, SHALL BE- COME A CHECK PAYABLE TO THE 3785 PILOT KNOB ROAD ORDER OF THE PAYEE NAMED FOR O O 645 EAGAN, MINNESOTA 55174 THE AMOUNT STATED. MID AMERICA NAT'L BANK EoBan, MhmocGto 8 lhr�':�•1:, fA.1?ir,� ..i•e`-• ,e r. .. v(a l�.' ww CHECK NO. PAY TO THE ORDER OF DATE CHECK AMOUNT THOMAS ROONEY rAPRIL 39 197 7 er ^ f' r.. :Y TREASURER 1:0960111 bt, 291: b b1110 b0 2 21" 070000050000111 0 ... r. - A `r /% 3 FRS HoonPAT APT S5" /.7 . a 4b APfP 0 a APR M 02 P.• t.r A\ Leh 11.0 r4 - n 3is 0 A k Ucrest—t. :. m' o cy NO America $tate '® Cc 0 3 a �. Bank i (L Q ST. PAUL, MN, n .., q I PAUL H. HAUGE & ASSOCIATES, PP ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TELEPHONE 4544224 April 4, 1979 Mr. Thomas Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 RE: City of Eagan - Thomas Rooney. Dear Tom: I am enclosing a fully signed copy of the purchase agreement between the City of Eagan and you together with a check from the City in the sum of $500 as earnest money. Please forward the abstract and the survey to me so that we can prepare to close by April 15th. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt P.S. It is understood that the exact location of the fence may vary from the South line of the City property in order to accommodate existing trees and terrain. 0 0 City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Date: April 4, 1979 City of Eagan 3795 Pilot Knob Road SPECIAL ASSESSMENT SEARCH Eagan, MN. 55122 RE: Attention: Paul Hauge t Parcel 10 02200 010 86 (,Thomas s J. Rooney) Enclosed herein is the search which you requested made on the above described property: Kind of Improvement Rttns beginning Original Amount Balance Du-- NONE uaNONE I further certify that according to the records of said office, the following improvements are contemplated or pending after having been approved, and are now in the process of planning or completion. Kirit of Improvement Approxi:nato date cr Completion Approximate Cost NONE "JAIVER: Neither the City of Eagan nor its employees guarantees the accuracy of the above information which was requested by the person or persons indicated. Nor does the City of its employees assume any liability for the correctness thereof. In consideration for the supplying of the indicated information in the above form, and for all other consideration of any nature whatsoever, any claim against the City of its employees rising there from is hereby expressly waived. Levied assessments to be paid to the County Auditor at Hastings, Minnesota 55033. Very truly yours, SPECIAL ASSESSMENT DEPARTMENT /s/ Ann Goers Assessment ClLIZ—."` Wane`S. Boca 11 S. Minneapolis 2053—Partial Release of Mortgage. •Form No. 53 a minvics.t. rm Conveyancing Blanks By Corporation 0 3knobi 211 ;Men kv tbra 3prezent!9, That the undersigned, a corporation under the laws of the State of .......... !AAnPA2t§ ................. owner of the mortgage hereinafter described, for a valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the tract........ of land lying and being in the County of ................ Pako.ta ................................ I State of .411nnesota, described as follows, to -wit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. from all claims and liens of and under that certain mortgage, dated the .................17th_____....._...................... day of -...........Lune . ................................... 19.1.4.., executed by ........ Thomu..R..3eT&:Ln ..and, Lee. .A.n.n ..Bergin, .husband ..and "wife -........................................ ...... . .. ... .. ..... .. ...E�st Produce State waikRMinneapo1i- a as mortgagor.... to .... .................................................................... .................................................................................................................................. as mortgagee2nd.. filed for record in the o)�cj of the Register of Deeds in and for said county on the u 74 ................. ....... ............... clay of.......................... uy ............. 1 19........, and recorded in Book Dak 03746 .... .............. ..... Jt .......... covering the above described and other land. it 0 3n Zatimatip Mbered, The said corprration has caused these presents to be. executed in its corporate name by its ............................ President, and its .................... ....................... and its corporate seaLlo be hereunto afflxed this....! ��/ .......day of ...... . April / 'j .. ...................... 19......... 6tate of Ann"Otat 188 County of. .44NNEPIN FIRST PRODUCE STATE BANK ............................. ...... . ...... .... .......... ** ........................ By.. ............................. .................... The foregoing ins r ment was acknowledged before me ft ........ �9 this.....'.... day of ............. . ....... \ )9......79. 9 -sr by- ..... (NAME OF OFFICER OR ADEN TITLE OF O ICE OR AGEN(T�) and b,,i� .... . ...... Ca_ INA •Pia OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT) of ...... F.Ir'st ... P.T.P.d. P.c..e.. S.t alte . Ban.k.... . I ...... ......... .... ........ ................... (NAME OF CORPORATION ACN.NOWLEDGING) Minnesota a............... .........,.,,.I sLA R AT 1 N IATE OR CE 0F INCORPORATION) THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney 1170 Northern Federal (Name) Bldg. St. Paul, Minnesota 551AW sera) corporation, On behalf of the corporation. ............. .. ERSON TAKING Al__OWLEDG N 17','?). A. (TITLi dR,RANK). (Reused 1976) Pmm Ne. 67 7536790 Doc. No --- — ---------- ------- - Partial Release of Mortgage 13Y Corpom6en TO Office of County Recorder • Optale Of Ainntgota County ofDA.KOTA.,.,...._....__..._..........,} I hereby certify that'the'within Deed rvas f this olftcs,� �F:o on the z -emj . Y� .... ...... -1 7a t. !ock ..... ... 4f ....X., and was duly recorded in Book ....... ....... A COUNTY RECORDS of DeedsDo. T ... ................... or..................__..... E].reroxed GkMicroftImed and was duly reeUrded as'i rument No........... ......... ............................. JAMES J"fFouyms r, 'e --o- der. - By ---- -7�O ........... De L I Welter S. Sae1S • Sen. LtlewDel), 4003—Partlal Release or Mortgage. Form No. 53 By Corooratlon Minnssou Tm Conveyancing Blanks Anow Of[r Ben by tbege jreantfSt That the undersigaed, a corporation under the laws of the State of......... Minnesota................I owner of the mortgage hereinafter described, for a valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the tract......-. f Dakota _,_____„. State of alfinnesola of land lying and being in the County o .................................................... , described as follows, to -wit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 33, Township 27, Range 23, Dakota County, Minnesota. from all claims and liens of and under that certain mortgage, dated the.................11 11th ................................. day of. .......... June .................................... 19-1.4.., executed by ........Thnmas..ltA..T.ergi n.. and. Lee- Ann.. Bergin, .hushand..8nd..wi£e..........................................'-•----"-"--R1............................... ........................... •- ............. ... ......... .... ... ..... First Produce State Bank of Minneapolis asmortgagor.... to ............ ............ "..........._............................................._................................_...... ..._- as mortgagee....__, filed for record in the of of the Register of Deeds in and for said county on the ......2nd...............day of......•.........- _.! y ..............1 19.74.., and recorded in Book Dak.-..G ......lieCCFti& @..DPC..�if�..57Gcovering the above described and other land. Atate of 31ttinne0ta, County of ........ ]RK N[VEPIN The foregoing day of. 31n Wesltimonp Mbereof, The said corporation has caused these presents to be executed in its corporate name by its ............................ President, and its..............................................and its corporate seal tto be hereunto affixed this................clay of• ...... A.F.ril............... 19..79' FIRST PRODUCE STATE. BANK............_........ was acknowledged before me by ....... t::Z:: .'V .:......... �..N.�.......... :......... INAME_OF OFFICER OR and OF OFFICER OR AGENT 79 2 TITLE OF OF ICE OR AGENT) \i ..45.......... "....................................................... s1.?.:.x....:..-...� . TITLE OF OFFICER OR AGENT) First Produce State_. Bank.. of ............................... INASIE OF CORPORATION ACKNOWLEDGING) Minnesota ............. ...._........._.._.........cor oration., wa behalf o the corporation. a.......................................................... P f f P (STATE OR PLACE OF INCORPORATION) I��� �t© J (SIGNATURE OF PERSON TAKING AC” OWLEDLA NT) (TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney 1170 Northern Federal (N-9) Bldg. St. Paul, Minnesota ,,,,i STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollars ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. have been informpd\goy rights under P.L. 91-646. Thomas J. Rooney Dated: 7 CITY rOF EAEAGAN B : / - Leo �M%uurphy, May Attest: 11 e. Alyce tolke, City Clerk Dated: To: Thomas J. Rooney PROJECT NUMBER 27-00861 1170 Northern Federal Building COUNTY NAME DAKOTA Sixth and Wabasha PARK NAME PATRICK EAGAN PARK St. Paul, Minnesota 55102 PARCEL NUMBER 10-02200-010-85 10-02200-010-86 WRITTEN OFFER TO BUY The City of Eagan hereby submits to you an offer of Eighty-five Thousand Dollars ($85,000.00), which amount is its appraised fair market value of the above re- ferenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the en- tire appraisal. Also attached is a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchant- able title. This letter is furnished to inform you of your rights in this land acquisition. It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, CITY OF EAGAN Alyce olke, City Clerk Receipt is acknowledged of the letter known as Written Offer to Buy. Time WHILE YOU WERE OUT Of Phone No. TELEPHONED EASE CALL L •WAS IN TO SEE YOU WILL CALL SACT( WANTS TO SEE YOU URGENT RETURNED YOUR CALL V NV Message T41A?=r W* BRAND No. 01461 A QUALITY PARK PRODUCT tt tl (? /Yd 2so 7 LIL u 5 � C6l� Y6 -(o y c3� SL,/j ..........• 3 --- ---------- • r. . . ... . .. . . . . - - - - - - - - - - - ti . . . . . . . . . . . . . . .. . . . . . . .. ... . . . . .... . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1": al Form PJo. 27- — - — nB.�.C. r � a,, ka Kb` This den Made this------21st-------day of---- ARE11 _-____ 79__ ---__-_, 18_ T omas R. Begin and Lee Ann Bergin husband and wife, 'between--------------------------------------� -_husband wiK ------------------- also known as Le Ann Bergin, i Dakota Minnesota of the�oxnty of------------ ----------and State of---------------------------- yart--- es—of the first part, and_____—__ Thomas J. Rooney_-_------------------- -------------------------------------------------------------------------- of the County of__—_—Dakota________—__and State of_____Minnesota _—---------- ---- part --- Y_—of the second part, WITNESSETH, That the said part_�es------ of the first part, in consideration of the Burn of to------ cnemin hand paid by the said part --- Y --- of the second part, the receipt whereof is hereby acknowledged do_—_-Aweby Grant, Bargain, Quitclaim, and Convey unto the said part --Y ----- of the second part,- 1 i1_ eire and assign, Forever, all the tract --------or parcel --------of land lying and being in the County of ------ Dakota ------------------------and State of Minnesota, .described as follows, toaoit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 33, Township.27, Range 23, Dakota County, Minnesota. This deed specifically releases all easement rights S( eaA� State Deed Tax $ 2.20 TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances 'thereunto belonging or in anywise appertaining, to the said part -Y -----of the second part, --his _heirs and assigns, Forever. IN TESTIMONY WHEREOF, The said part- ies --of the first part ha_°e hereunto ,t_—their -- hand_ s _the day and year first above written. I% Presence of � z1 . -- Thomas-f:-Beigin------------ -------7'L -- miB— -t-------- -- ------------------ ---=- ---- -------------- — ------ -- — ------------ ---- at.im Form Ns 17N Doc. No— QUIT CLALM DEED IndfAdml to Individoal Thomas R_ BergiD-AIL(I JAQQ-AM--- Bergin, husband and wife. ----------------------------------- To Thomas -J. -Rooney ----------------- --------------- Office of Register of Deeds, State of Minnesota, County of------------------------- 1 hereby certify that the within Deed was filed in this office for record on the ---day of --------------------- 19 ------ at -------- o'clock -------- M.. and was duly recorded in Book ----_-__ of Deeds, page --_-----. ----------------------------------- Register of Deeds. By-------------------------Deputy. Taxes for the year 19_--, on the lands described within, paid this ----------- day of ---------------------r JO ----- ----------------------------------- County Treasurer. By-------------------------Deputy. Taxes paid and Transfer entered this ---------day of ------------------- 19_____. ----------------------------------- County Auditor. By-------------------------Deputy. to r w 1, GQv W m m O rt p C Ln L, r c r N C N C H •M 3 0 o ro w_ 4- a e o " s F'. K � n 9 R rt S i 0 N m 0 9 i i m N LQ i Om i � i ti. i `C 4 C !� I 1 '�• n m ° o ooi 8� i „i K i w0i ii d W 1Di ^ 1 i9 > m 1 I ; , oil I l 1 1 p I Q Q1 M MI O I N > P P. `K"1i E i I P W 1 r• 1 �• I �/ EQ y �O e1' i I ' `� 7 I I A° ��p' I f'• m E I I I I I m IM r I I�� P:, iih:S A%1p ii! CI:EST 10:., Cii A%1,[ `.i LTION r ATTORNEY'S CERTIFICATE OF TITLE 1 hereby certif}- to the State o1 Minnesota that I have examined Ilia title to the real estate herein described as shown by Iiia records in the offico of the Register of Deeds. Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: 51 of Section oZ-'2- , township north, range o'L 3 west, �'�' '�•-' County, s at the date of this opinion in the following named persons: Ilf title is registered, so note and give certificate number.) Nature Data Book & Page Name of Interest Acquired end/or Doe. No. i1.o,,. L-0 .S. �o• -ate 1875 5 35 i�1`i �. During the past five years the title'to said tract was in the following named persons Nature Name of Interest i,�, i-nti Fir OwtinL�+�S� buw d PA.-OLUA FO'R, %: "-1a at .721 Name of Spouso If Single, so steta Date Book & Page Name of Spouse Acquired and/or Doc. No. If single, so state Y,2`i,Y3 7 ' llk»,9, I`1� �Icaa� ��, � • PC,was Signature 6`� _ __. W OFFER TO uUi • Sk-'� WLhF .5 /UZ PROJECT NUMBER 27-OOfS4v COUNTY NAIIE !�u_Ko mac-, (� PARI: NAME 1Fc_•(,C_V Ft- .- — Tri .K.. PARCEL NUMBER 10 - c),;La66 to-b;-�Za6-Gtti The sponsor hereby submits to you an offer of `8i5 UCfD•�O dY��(�,rS , which amount is its appraised fair market value of the above referenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the entire appraisal. Also attached is.a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. f If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchantable title. This letter is furnished to inform you of your rights in this land acquisition. It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, Sponsor's Representative (Signature) SPA/OLUA OR -33/2-74 Receipt is acknowledged of the letter known as written offer to buy. Date _ is no',: in the process of acquiring private P Mp1_,rty nrcess.r r cquiri o Aeen ) VALA.�eicy {�wi{L Title records indicate that you are the ormer of real Identification oT Project )roverty located in the State of lfinnesota, county of T� more particularly iescribed as follows Attach on separate sheet if too deta ;ince your property is within the project area, it is desirable that it be acquired and included as part of the project. !e are prepared to conmence negotiations with you for the purchase of your property subject .o any existing easements or restrictions of record and excepting and reserving the following nterests�erhich will not be acquired and are not included within the appraisal report. n compliance with section 301 of the Uniform Relocation Assistance and Real Property. cquisition Policies Act of 1970, public law 91-646; Just Compensation in the amount of ��0z)-y _ has been made for the interst to be acquired in the above described property. his amount is based upon a state -approved appraisal prepared for the acquiring agency rid is not less than the appraiser's estimate of fair market value which he determined fter a personal inspection of your property, at which time you or your representative ere given the opportunity to accompany the appraiser during the inspection of the property. ie appraisal takes into consideration the location of your property, its highest and ,st use, current land sales of properties similar to your property, and other indicators value such as re appraisal has been reviewed and approved by the State establishing just compensation. ,st Compensation includes amounts for the land, improvements, severance, if any, and other lements as follows: Land 85,v00- co SPROVEMENTS: Buildings Structures Damage to the remainder_ Other — Total y increase or decrease in the market valuation caused by the public improvement or 'oject for which the property is to be acquired, or by the likelihood that the project would acquired for such improvement or project, other than that due to physical deterioration thin the reasonable control of the owner, has been.disregarded in making the determination Just Compensation. .. e signing of this statement by either party does not constitute an offer or the acceptance an offer to purchase. ��z ve been informed of my rights under P.L. 91-646. sinature o Vier) �, to -./OLUA 32 8-77 signature of title authorized representative 5o/ 0 0 STATEMENT OF 014NER WAIVER OF RIGHT OF JUST COMPENSATION have been informed of all of my (landowner orreprc�entative) rights and benefits under the Uniform Relocation Assistance and Real Properties Acquisition Policy Act of 1970 and have been provided with a statement of Just Compensation and a written offer to purchase for the appraised value of Of my own choice, I have elected to accept an amount (amount) less . less than the approved appraisal of fair market value for the following reasons: s (nivnature of landowner or representative) 9 0 ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) Nature of Date Book & Page Name of Spouse N� Interest Acquired and/or Doc.No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J. Rooney Thomas J. Rooney Fee Title April 21, 1979 — unrecorded. (The North 66 feet only.) During the past five years the title to said tract was in the following named persons: NAME Nature of Date Book & Page Name of Spouse Interest Acquired and/or Doc. No. If single, so state Thomas R. Bergin Fee Ownership February 4, 1974 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature PARKS AND RECREATION GRANTS SECTION • • rV ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) NAME Nature of Date Book & Page, Name of Spouse Interest Acquired and/or'Doc.'No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J: Rooney Thomas J. Rooney Fee Title April 21, 1979 - unrecorded. (The North 66 feet only.) During the past five years the title to said tract was in the following named persons: NAME Nature of Date Book & Page Name of Spouse Interest Acquired and/or Doc. No. If single, so state Thomas R. Bergin Fee Ownership February 4, 1974 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 ----- and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature • PAUL H. HAUGE &ASSOCIATES, P.A. • ATTORNEYS AT LAW PAUL H. HAUGE 3908 SIBLEY MEMORIAL HIGHWAY AREA CODE 812 BRADLEY SMITH EAGAN (ST. PAUL), MINNESOTA 55122 TELEPHONE 454-4224 eu- 4/CL- � �. PAUL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW PAUL H. HAUGE 3908 SIBLEY MEMORIAL HIGHWAY AREA CODE 612 BRADLEY SMITH EAGAN IST. PAUL], MINNESOTA 55122 TELEPHONE 454-4224 '/J'7 1 / eJLC�I G7 ./ G.w' / .�`/ CJL�-✓7�!L� c.�G� �` //////Ct�r,�.CS� 1411 P/,C��.. SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: - Harold Shear April 27, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 0 Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Re: West 1/2 of Southeast Quarter of Section 22, Township 27, Range 23, Dakota County Dear Mr. Hauge: Enclosed is the Abstract of Title to the property that the City of Eagan is purchasing from me. Yours very truly, SHEAR & ROONEY, LTD. 9 %o THOMAS J. ROONEY TJR/br Enc. Telephone 224-3361 Area Code 612 'fes. PAUL H. HAUGE BRADLEY SMITH Mr. Thomas Hedges City Administrator CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 UL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 May 1, 1979 AREA CODE 612 TELEPHONE 4544224 RE: The West One-quarter (W14) of the Southeast Quarter (SE2) of Section 22, Township 27, Range 23, Dakota County, Minnesota. Dear Mr. Hedges: At your request I have examined the title to the property above described., using for the purpose of such examination an Abstract of Title containing 58 entries, numbered 1 through 58, last certified by North Star Abstract and Title as of April 16, 1979, at 8:00 o'clock a.m. Based on such examination, I am of the opinion that as of that date record title to the North 726 feet of the East 300 feet of the subject '.property was vested in THOMAS R. BERGIN and LEE ANN BERGIN,.husband and wife, as joint tenants, and to the remainder of the West One-quarter of Section 22, Town- ship 27, Range 23, the title was vested in THOMAS J. ROONEY, marital status unknown, free and clear of all liens, charges and encumbrances thereon, ex- cept as follows: 1. Real estate taxes for 1979 in the sum of $4,825.56 are unpaid. The Purchase Agreement provides that the seller will pay the 1979 real es- tate taxes. 2. The seller shall deliver a special assessment search covering pending and levied assessments at the closing. The Purchase Agreement pro- vides that the seller shall pay all assessments for improvements presently in and servicing the property. 3. The property is subject to a first mortgagein favor of Minnesota Central Credit Union, a Minnesota corporation, in the original principal sum y of $50,000, dated October 11, 1972 and filed December 13, 1972, as Document No. 409374, which was subsequently modified by Partial Releases recorded as / Document Nos. 429836 and 535197. The seller should provide a release or satisfaction of this mortgage. 4. The property is subject to a second mortgage in favor of First's yi r Produce State Bank of Minneapolis, a Minnesota corporation, in the original i principal sum of $52,000, dated June 17, 1974 and filed July 2,_.1074, ns Document No. 435746. The seller should provide a release or satisfaction of this mortgage. Mr. Thomas Hedges May 1, 1979 Page 2. 5. An easement affecting the property appears as Entry No. 24, which easement is dated June 27, 1958 and filed August 20, 1958, in Book 70 of Misc., page 202, and grants the Dakota County Electric Cooperative, a Minn- esota incorporated cooperative association, the right to construct, operate, /f Q and maintain electric transmission lines over the subject property. There 0_f✓ is a sketch attached to the easement. I do not find a confinement of the area over which this easement extends. Should this be an abstract omission, the abstract should be corrected in this respect. If the easement has not been restricted, this should be done prior to closing. 6. An easement for ingress and egress over the subject property was recited in the Probate Deed at Entry No. 44, which deed was dated February 4, 1974 and was filed February 6, 1974, as Document No. 429837. The ease- ment runs in favor of Thomas R. Bergin and Lee Ann Bergin and covers the 2 East 33 feet of the South 175 feet of the North 901 feet of the West 1/4 ° of the Southeast 1/4 of Section 22, Township 27, Range 23. I would recom- mend that the Bergins quit claim their interest to the grantors prior to the closing. 7. Highway Easements appear at Entry Nos. 45 and 46, which easements were recorded as Document Nos. 429969 and 431595, and both grant the use of the North 33 feet of said quarter section to the Village of Eagan for high- way purposes. 8. The seller should provide a certified copy of Letters Testamentary for the Estate of Raymond M. Weymouth stating that such Letters are effec- tive as of February 4, 1974, the date of the Probate Deed shown at Abstract Entry No. 44 and recorded as Document No. 429837. This opinion is limited to the matters shown by the Abstract of Title. All matters not so shown are excepted from this opinion and include: a. Rights of any parties in possession; b. Possibility of liens for improvements in process or completed on the premises within the last ninety (90) days; C. General zoning and building laws and ordinances and other restric- tions; d. Special assessments, pending special assessments and liens for un- paid municipal utility bills; e. Encroachments, overlaps, boundary line disputes, and other matters which an accurate survey and inspection of the premises would disclose; f. Any taxes and/or assessments not shown by the Abstract or deferred pursuant to M.S.A. 273.111 (commonly known as Green Acres); g. Any alleyways, easements, rights of way, streets or judicial monu- ments actually located upon the ground; H • Mr. Thomas Hedges May 1, 1979 Page 3. h. Security interests in crops or fixtures; i. Water rights of the State of Minnesota; j. Rights which have accrued since the date of certification of the Abstract. Certificates attached to the Abstract of Title concerning taxes, Federal tax liens, District and County Court judgments and bankruptcy proceedings, indi- cate that there are no liens outstanding against the above described property and its present owners arising from encumbrances of this nature except as in- dicated. PHH:me cc: Barbara Schmidt Thomas Rooney Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. 0 Paul H. Hauge THOMAS J. ROONEY LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attorneys at Law 1110 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 May 3, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Telephone 224-3361 Area Code 612 Dear Paul'- This aul:This will confirm in conjunction with our closing that I am4having the Minnesota Central,Credit Union hold in escrow $2, 29.72. The form that these escrows will take are daily interest in the amount of $1,029.72 and a savings cert- ificate in the amount of $1,500. The condition under which these items would be held in escrow is payment of the taxes on Tom Bergin's parcel 10-02200-010-85. There is no escrow for Tom Bergin's taxes at the First Produce State Bank in Minneapolis and he pays them himself. Tom will pay half on or before May 31st and half on or before October 31st. Yours very truly, SHEAR & ROONEY, LTD. LOJ. R00 Y TJR/br MINNESOTA CENTRAL CREDIT UNION l�Jy 577 UNIVERSITY AVENUE • ST. PAUL, MINNESOTA MAILING ADDRESS: P.O. BOX 3068 • ST. PAUL, MINNESOTA 55165 Benjamin F. Bryant, President Eugene V. Gillespie, Vice -President M G.A. Lydon, May 4, 1979 Secretary -Treasurer Robert V. Atkinson Director John Fyock Director Marie M. Grow Mr. Paul Hauge, Attorney Director g Y at Law Howard E. Ross 3908 Sibley -Memorial Highway Director Eagan, Minnesota 55122 Wallace W. Ziebarth Director RE: Thomas J. Rooney Dear Mr. Hauge: If you will send us $2,629.72 in addition to the mortgage principal and interest, we will hold same in escrow at interest to be credited to said Thomas J. Rooney until the unpaid taxes on Plat 10-0200, Parcel 010-85 are paid. yours, G. ydon Treasurer -Manager GAL/mak cc: Thomas J. Rooney 1170 Northern Federal Building 6th and Wabasha Streets St. Paul, Minnesota 55102 Telephone 612/222-8574 MEMBER MINNESOTA LEAGUE OF CREDIT UNIONS ... CREDIT UNION NATIONAL ASSOCIATION s- 0 0 -PO-AJ , - -- - - LA-� cQo l ase cw� oa tr �r�_ Sd ho. az_ . CL - A7 - x74P -� - OK- -1 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Please accept this letter as my undertaking that I will have the Easement Agreement dated June 27, 1958 and filed August 20, 1958 as Document 260873 in Book 70 of Misc. page 202 confined by way of an Easement Modification Agreement so that it is clear that the Easement does not affect the 19 acre parcel the City of .0 ti Eagan is purchasing from me. r4 -Q9 A,4 —L—AA 9Olay. Yours very truly, TJR/br M/ SHEAR & ROONEY, LTD. , Attorneys at Law 1170 Northern Federal Building . Sixth and.Wabasha . THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear May 7, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Please accept this letter as my undertaking that I will have the Easement Agreement dated June 27, 1958 and filed August 20, 1958 as Document 260873 in Book 70 of Misc. page 202 confined by way of an Easement Modification Agreement so that it is clear that the Easement does not affect the 19 acre parcel the City of .0 ti Eagan is purchasing from me. r4 -Q9 A,4 —L—AA 9Olay. Yours very truly, TJR/br M/ PARKS AND RECREATION GRANTS SECTION ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) Nature of Date Book & Page Name of Spouse NAME Interest Acquired and/or Doc. No. If single, so state City of Eagan Fee Title May 7, 1979 536792 During the past five years the title to said tract was in the following named persons: Nature of Date Book & Page Name of Spouse NAME Interest Acquired and/or Doc.No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J. Rooney Thomas J. Rooney Fee Title April 21, 1979 536791 (The North 66 feet only) Thomas R. Bergin Fee Ownership February 4, 1979 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature _T' Cs�s - �/ �rl b Barbara J. Rooney i w _ ,-- .. _. ,. 'fi. 4' .1:';Abj S%_�.., ti:�;��r�.�S1 '. �" ��7:•i� :.iY•�='�•ht �.�F•, ttrj •� _ _ a. .. ,�• -. `.%tti•{%,•!'•Y THIS INSTRUMENT, WHEN SIGNED Y71 BY .;�•ul"tnlr'• E TREASUR CITY OF EAGAN ''r, `';�i':• COMEHA CHECK PAYA8LE TO THE 3)95 PILOT KNOB ROAD �,va ORDER OFTHE PAYEE Npf11E�FOR,r , •,, ,. ..Fy 006601-��^"' THE AMOUNT STATED. �.•. w R:'41'•41a�; •}; EAGAN, MINNESOTA 55122 .�`j . 4 1 ' fr f•^. `: �.r ' : ' d 'o MID AMERICA NAT'L BANK960 • 4 SS �-F-•.-.- -Ecadn Inn=)ta �I LY1. ! � I 1 .�, '� ,:f• , .• :r ,. ' - i va r i? 4>,.•i''.T;. [) .4"n DATE �4 'n' • •, CHECK AMOUNT - CHECK NO. PAY TO THE ORDER OF ,t., a... • I ,+ y. �,ti atj * tt" y°�, 79 _ 85 000.00 tt cl ,`v� ,lley Thomas Rooney { r f { { r t c / `i t� 1 fiT q �' t �r - ,.:: J •' ,t :? . ..........TREASURER Y. x.0960 -h L, 29 LSC L.bmO b0211° y• °A00085000006A,V'' - .�. ,J.-iA.p ��r' r 'Ali /.�'h�L.'%, r� pp,, T7 1 v:v� ,v_.r. .._•., . _.a.,. _._, a•�a,i�.._._v._r.s.�J-i.Lv�vliii4 YY S..d+.:. •T/•a- N ^Y{ - .. ,', r `Y ,1�•, .>.',` vl J.�v..bn`.J,vdbiy�+-�,Y.d.;.�•,'..:i:,'� {'��'. ,r' r ,I \, A� V\yJ rrr l�.�.Aa .7i 1. •�r,•. •t +' vl„l, [' ♦ter, v.l,a d, �� ,r•t,S YA r:` `"J '_7 �CD •-a .�• cv '3 ��... .. .1.:. `.:'k••: i:,l�.<, _a,Yr,••`!i vAY,,�,i••.[�„y.r tT'-_, Cr j y.i Q' r PAY ANY BANK, REG. p Toy, Mid Amedca liatlonal Yl~tom v •.': i..03Bank of Eagan A � c o ^1, 1 EAOAN N i 4� -n �• -MINNESOTA • - ; .%- , i ' 1 90 - •ljr /1 Y%+7r,Y v v - nl' � n`��,Yf •fi Yl`l,dY'IYl4J y1 �(' Y�� �..� - .T Y e rr.•{n,.r 't'r. t r•:�iv:,\•��,%Y/ riYA�!i % .l.rrl J•.. 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Form NO. 3` indiddonl to eo"Ontloo. _� _ _ TMs ffndeIIIltur Made this ------- tb--------day of ------AU--------------, 19__79_, between ___Thomas J_ ooneg_and_Barbara _J_ Rooney_,_ husband and wife,,_ --------------- ---- Dakota --and State o _____ Minnesota ---------------- of the County of----------------------------- f------- ies Cit of 1a an pa's -------o} the first part, ¢nd-------------y-----�--�---z---------------------------------- munici2ik ----------------------------- o/corpor¢txon under the laws of the State of -------------------------------- party of the second part, WITNESSETH, That the said part ies __-_-of the first part, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration __DOLLARS, -------------------------------------- --------- in hand paid by the said party of the second part, the receipt whereof is hereby ac7moweldged, do -------- hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract ------ or parcel ------ of land lying and being in the County of____ ___- Dak-ota-_--------------and State of Minnesota, described as follows, to -wit: - The South 1251.13 feet of the North 1911.13 feet of the lVest Quarter of Southeast (quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurteva.sces thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. And the said_____ ------- husy ansl_and_ivife ,---------------------------------------------------------------------- pa^-tie-s�_-of the first part, executors and administrators, do_ ____ covenant with the said party of the second part, its successors and assigns, that -------- they__-ure-.._ well seized in fee of the lands and premises aforesaid, and have --good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, except easements, restrictions and reservations of record. And the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said parol:_* of the, first part will Warrant and Defend. IN TESTIMONY WHEREOF, The said parties___ of the first part hale --hereunto set___lleir hand--S-the day and year first above written. A? 1_1 o% In Presence of --------+ ^--------------- - ---- ------------------------------- Barbara J. l oone THOMAS 1. ROONEY LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attorneys at Law 1170 Norihem Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 May 8, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 This will confirm our conversation that I am paying the $150 bill the Surveyor submitted for prepar- ation of legal descriptions. I understand that the bill for the remainder of the surveying to be done will be divided in half and the City of Eagan will pay $37.50 more than half and I will pay $37.50 less than half as a credit on the $37.50 due me for Eagan's portion of the bill regarding the legal descriptions and Survey certificates. The Minnesota Central Credit Union had to send the Satisfaction out of their office for a second signa- ture and they will forward it to you as soon as it has been signed. Thank you. Yours very truly, SHEAR & ROONEY, LTD. q THOMAS J. ROONF/Y TJR/br , This biQflenMade between Thomas R. Be in an ---------------------- Dakota of theicountyof----------------- part_—e8—of the ilrat part, and -- 21st --day °1--- AEril------------- 19_79--, Berginy husband and wife, also known as Le Ann Bergin, Minnesota ----- —---------- ------ ----------'- ------ — -------------------------- ------- .,.of the County of------ Dakota ------And She o1___Minnesota ------------------, ".apart--_Y_—of the second part, . That the said pot --- Les --___of the Bret part, in consideration, of the sum of to ------ — MU—in hand paid by the said part --_Y --- of the second part, the receipt whereof is hereby acknowledged do ---_hereby Grant, Bargain, Quitclaim, and Convey unto the said part--Y_---- of the second part,-1—it--heirs and assigner Forever, all the tract________ or parcel________ of land lyingand being in the County °1----------Dakota-----------------------and State of Minnesota, ------- described as follows, to -reit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. This deed specifically releases all easement rights, granted'by a Probate Deed dated February 4, 1974, and recorded February 6, 1974, as Document 429837. State Deed Tax $ 2.20 STAT: OF ' IEPT. '1F .' c Mn ,oto' 3 — — TAX � M Com- • Ob [i 4 .' 4 IV':Y N :0 . n:, --,v cornai.k TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said part----- of.the second part, --his -heirs and insigne, Foiever. IN TESTIMONY WHEREOF, The said part_ ies -_of the Bret Part ha-ve-A&reUUt0 86t_ -their hand -.L -the day and year first above written. In Presence of RTiomas R.-Rerg�n----- -------- -- --- -- �-------- --------------- vi/Le nn BepgI -_-- -__�- --------------- a d z B s County of ------- DAKOTA--__ On this_..--------�9 �----------day of---------- April----------' 18------ before me, a __Notary u Iic ------- -- --- ---- -- - ----withi ang�ord eau Conty, Personally appeared T�Tomas R. Bergin and�.ee Ann �ergin�, us n an ,w e, also known as Le Ann Bergin, to me known to be the person --- ---------- described in, and who executed the foregoing instrument, ----------------------------------------------and acknowledged that-__=___ rhe__y----_executed (eu Nepal the same as---their-----------free act and dead ----------------------------- No-") Ins THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney -------------------- --------------- ------------ Attorney at Law Ndmo1 or ern a era A ng Notanj Public_______________________ __ _County, Minn. St. Paul, Minnesota 55102 Mycommission expires-----------------------• v NOTES TM blunt lines anted'Seo Nob^ w for ores, when the instrument is emanated by on �ule�',Clidsn�V J. BUGKLEY, Jfi. ' NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY Tax statements for the red properly deaeribed in this inslmmenl should be sent to; My CommisalOn Eaplrea Mar. 14, 1880 Thomas J. Rooney Road (Address) Eagan, Minnesota 55122 i 1 i R I u WX la .n 0 0 Satisfaction of Marta".7�� Miller•Davis Co., Minneapolis, M..,. : By Corporation. Form No. 51-M. Minnesota Uniform Conveyancing Blanks (1971). know 211 hien by twe Vreantg, That a certain Indenture of Hortgage, now owned by the undersigned, a corporation existing under the laws of the State of ........ Minnesota...................................I bearing date the.................................. I.Tt.h............... I ...... ....day Of ..................... October ., 19.��...... made and ................................... executed by ............... Thomas ... J.,. ... Rooney, .... s..,Executor .... of .... the ,..Estate .... of Raymond. Weymouth,, ... Decedent., ..................... ......... ......... ......... ......... ......... ........., all mortgagor......, to .............................. M.i..nD.eant.a,... G.ent aL...Gxad,it...Umion,....................................................................................... as mortgagee......, and recorded in the Ofjlce of the Register of De� est d for the County of.............Dakota......................................... and State of dfinnesota, in 5 .._Dakota...Cq) f ¢x>9>p .....as...Doc,%womtt.4.0.917.4... gU...thg... l3th day of....................... Decemh.er......................... 19...72...., is, with the indebtedness thereby secured, fully paid and satisfied. .Ind the Register of Deeds of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statute in such case provided. 3n Q6egiimonp Mhereof, The said Corporation has caused these presents to be executed in its corporate name by its ......... Vice................. President and its .......... .ga.4rer..............and its corporate seal to be hereunto affixed this ....... 9th ....... day of. ........ A'qX........................... 19..79... :• c Otate of Oinnoota, l� fCounty of........R..A......MSEY .............................................................. Onthis.................................. 9th ............................. clay of. .................... h7 Y.. ................................................. ., 1929 ...... before me, a ........................ Na.t..oxy.... Puklie................................ I ....................................... within and for said County, personally appeared Eugene._:...Cillespie..................................................................and.............G............ ....... n.ALydo................................................................... to me personally known, who, being each bXme duly sworn ......... theY.......... did say that they are respectively ties..............Y..x.G.0.:........1',eetdent and the ............ ......reasurer............................................ of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority o Board Of................... Directors ..................................................... , and said ........................... F.1!g011.0.... ............................... ..............tL ............ ana..................... ...LycAOn........................... acknow aid instrument to be the ac d o aid corporation. .1,0 NE This instrument drafted by: G�rtr/ru•.......... NN'%, • Larry Neilson ... t�.0`J�yt1�� .............. Attorney at Law 0- . aE'Q 1170 Northern Federal Bldg. NO '71 -- * -C �....... as ° nty, Mtnn. St. Paul, Minnesota 55102 LL My commission expires......... '................................................ 19........ J1t,V to,_ LA IL E6,&.; .i`16h SR4 V& . \.(1t� EaS.4 1W Sri 7 Q • a WISEY Countyof...........................................................I.................. Onthis .................................. 9tli.................... .........day of.....................Na.................................................., Y9.79....., before me, a . ....... .............. N.Q..kSlry..._Puhlic........................................................................ within and for said County, personally appeared I..gciic.. 1....Cillesp g..................................................................aid.............G. Fl. Lydon...................................... I............................. ................ to me personally known, who, beingtach by me duly sworn......... tINY........... did say that they are respectively the ..,.........V,iC.C.. .... ..... resident and t7w............... reasurcr........................... ........ ......... .of Ow corporation named in the foregoing instrument. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instmment was signed and sealed in behalf of said corporation by authority V,11 Board of .................... Directors .......................... I and said .............. .............. 1';.U9QD.G... V.. .... Q.�laes.R:S:�................... .. ............ arab.,... ._......._G_...11....J,ydon.......................... .acknowl aid instrument to be the f ac do o aid corporation,�NEs6' This instrument drafted by: Ncs JN���gti? o Larry Neilson ........................ ... (,r ............Q..SY`a....... Attorney at Lao- `Q �yotPaor�o,^�tiQ"untr t7inn. 1170 Northern Federal Bldg. .N'otary Pub .......................r.._ �......... fig,.... y, St. Paul, Minnesota 55102 My commission expires ......... e'g� 19 ........ F J Ai j V p O O U Ci m o ^moi is o q J Satisfaction of Mortgage. By Coraaration. Form No 51-M, Miller -Dain Co., MiuoenDolis, Minn. lel 41m"Ou Uoi OM Cgnre9meiog Blouho (1931). Al"D 1 RII Act$ by tbv5e V rtantg;, That a certain Indenture of Mortgage, now owned by the undersigned, a corporation existing' under the laws of the State of ....... t.innesota bearing date the ...... ................ ...........],.Z.th.........................,day of ..................... ...........bee . Octo .. , 19.?....., nx¢do and ................................... executed Ly._............Thomas,..J,,,,_,Roongy..... as_„executor,,,of..,the,..Estatg._of Raymond. IJe_ymouth-,. De.ceciczjk ,.. ... . ........ ao mart c ..................................................................................................................................................................... ........................................................... T1ino e.s.a.t.a...C.ank.x.a1....G.x.c.d.t...ll.n?.arx.................................................................................., as mortgagee_....., and recorded in the Ofjice of the Register of Dcr s i�rtggul for the County of ............. Dakota_ and State of Minnesota, in Bc,..Dako ta,. C� ) day o.................� ¢ -tsxao><�cs�'•__.as...Doc.IxA�sc6�i..4.�.4.�7..4_..4I1....[he...l3th Decemhet........................ 19...72..., is, with the indebtedness thereby secured, fully paid and s(Wsfied. ✓Ind the Register of Deeds of said County is hereby authorized and directed to disoh¢rge the came capon the record thereof, according to the statute in such case provided. Xn Tegtimonp Mijereof, The said Corporation has caused these presents to be executed in its corporate name by its...:..... Vice,.. „ President and its......... .............. and its corporate seat to be hereunto afjlxed this ....... Jth....... day of.......... �1i}):.........................., 19..79... PAUL H. HAUGE BRADLEY SMITH Mr. Thomas Hedges City Administrator CITY OF EAGAN 3795 Pilot Rnob Road Eagan, Minnesota 55122 • AUL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW 3938 SIBLEY MEMORIAL HIGHWAY EAGAN MT. PAUL), MINNESOTA 55122 May 14, 1979 RE: Eagan - Thomas Rooney Park Property Acquisition. Dear Tom: AREA CODE 612 TELEPHONE 454-4224 On I4ay 8th we closed the purchase of 19 acres of park land adjacent to Thomas Eagan Park from Thomas Rooney. Barbara Schmidt was at my office for the closing in addition to Tom Rooney and the following is a resume of the closing: 1. We received a Quit Claim Deed from Tom Bergin and wife to Tom Rooney covering 66 feet on the North line of the 19 acres acquired because'of an adjustment in the Tom Bergin property lying North of the Eagan 19 acre parcel and has been recorded. 2. We received a Satisfaction of Mortgage from Produce State Bank covering the Bergin's 66 foot parcel with has been recorded. 3. We received a Warranty Deed from Tom Rooney and wife running to the City of Eagan covering the 19 acres which has been recorded. 4. Tom Rooney is acquiring a rider to his liability insurance policy naming Eagan as a co-insured for purposes of cutting timber on the Eagan property according to the Purchase Agreement, a copy of which is attached to this letter for the park file. 5. In addition, the City of Eagan is required to install a fence on the South property line on the Eagan property according to the Purchase Agreement which is attached. 6. The City agreed to pay one-half of the Charles I -linden Surveyor's bill including staking of the Eagan park property. The amount of this bill will be approximately $350 determined by one-fourt of $150 or $37.50 plus one-half of the balance of about $600. The final determination of this will be made after completion of the work by Winden. 7. We have recorded a Satisfaction of the Minnesota Central Credit Union Mortgage that had a payoff figure of $43,707.81 covering all of the Rooney property. 8. Mr. Rooney delivered a check for $2,529.72 as an escrow covering the Tom Bergin real estate tax relating to the North 66 feet to the Minnesota _Credit Union which will be held until October 31st, at which time Mr. Rooney will deliver a paid receipt that all real estate taxes on the Tom Bergin property have been paid in full and this receipt will be mailed to my office. 9. I have received a check from Tom Rooney for $2,766.12 payable to the Dakota Page 2 Mr. Thomas Hedges May 14, 1979 County Treasurer and it paid the taxes in full on all of the 'Rooney property. 10. In addition,the.City has received a survey of the 19 acres and Barbara Schmidt has two copies of that survey which were prepared by Chuck Winden. 11. I have the Abstract of Title and will forward all of the recorded documents to the City Hall after recording. 12. Mr. Rooney delivered a letter to me dated May 7th where it indicates he will arrange to modify the easement running in favor of Dakota County Electric Co-op which at the present time covers all of the Rooney property. This will be done within 90 days from the date of closing. If there are questions, please call. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt Thomas Rooney zsmtic : REMITTANCE ADVICE f t S //�(/? 9 --- - -- �—w..� p,Q.oc� c,�.�..-o�✓v'e=-o�L _�---- 1�2.�— WCJ�K.a.-J �-��-✓_J�.�_..— TIES BY THE LOCAL UNIT AFTER GA 'PROVAL - Lni.!rnrT 1. The Parks and Recreation Grants Section will notify the local unit as to the date of which Heritage Conservatiorr and Recreation Service has formally approved the project for LAWCON assistance. Included at this time are 3 forms which must be reviewed and signed by the landowner during negotiations. 1. Statement of Just Compensation 2. Written Offer to Purchase 3. Statement of Owner Local units may also develop their own forms provided they contain all of the documentation in the above three forms. 2. An appraisal of the property to be acquired is completed. In this process, the owner or designated representative must be given an opportunity to accompany the appraiser during the inspection of the property. 3. The local unit informs the landowner in writing of the Fair Market Value of the property based on the results of the reviewed appraisal. This must be done by using the form labeled "Statement of Just Compensation." THIS STATEMENT IS NOT AN OFFER TO BUY OR AN ACCEPTANCE TO SELL. One statement should be retained y the landowner and one should be enclosed with the billing documentation which includes the request for LAWCON fund reimbursement. If possible at this time, the.local unit should enter into an option agreement with the landowner. 4. The local unit shall then provide the landowner with a "Written Offer to Purchase," which must contain the approved appraised value. Only at this time may the local unit begin to negotiate the selling price with the landowner. 5. Land acquisition is completed and the owner receives compensation, including any relocation benefits. 6. If relocation is involved, the local unit will present the occupants with the "Written Notice to Vacate." (Please refer to this section within your reloca- tion booklet). 7. Should the selling price be less than the appraised value, the landowner must complete all requirements mentioned in the "Statement of Owner" form. Please have the landowner sign the form below his written statement which is a waiver of right to Just Compensation. 8. All forms must be sent to the Parks and Recreation Grants Section with the request for reimbursement (billing). ' 9. The following information should accompany the billing requests: A. Completed OR -9 billing form (enclosed) B. Copy of Warranty deed C. Attorney's title opinion (Fo.rm OR -18 enclosed) D. 5 year history of conveyance (Lower Part of Form OR -18 enclosed) E. Copy of warrant (both sides) F. Statement of Just Compensation (enclosed) G. Written Offer to Purchase (enclosed) H. Statement of Owner Form (enclosed) %� % G OYI. �AR �it/�wGG�w � e... 7oo� loot PAUL H. HAUGE & ASSOCIATES, A ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH Mr. Thomas J. Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Bldg. Sixth and Wabasha St. Paul, MN 55102 Dear Tom: May 23, 1979 AREA CODE 612 TELEPHONE 4544224 I am enclosing a Statement of Just Compensation form and Written Offer to Buy that are needed in order to complete part of the documentation to be sent to the State Planning Agency to receive the funds for the pur— chase of the park land by the City from you. I would appreciate if you would sign the original of each and forward them back to me in the enclosed stamped self—addressed envelope. Thanks for your assistance. Very truly yours, Paul H. Hauge PHH:me enc. To: Thomas J. Rooney PROJECT NUMBER 27-00861 1170 Northern Federal Building COUNTY NAME DAKOTA Sixth and Wabasha PARK NAME PATRICK EAGAN PARK St. Paul, Minnesota 55102 PARCEL NUMBER 10-02200-010-85 10-02200-010-86 WRITTEN OFFER TO BUY The City of Eagan hereby submits to you an offer of Eighty-five Thousand Dollars ($85,000.00), which amount is its appraised fair market value of the above re- ferenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the en- tire appraisal. Also attached is a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchant- able title. This letter is furnished to inform you of your rights in this land acquisition It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, CITY OF EAGAN By: Alyce Bolke, City Clerk Receipt is acknowledged of the letter known as Written Offer to Buy. Dated: y_ Thomas J. Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street May 24, 1979 Jensen Beach, Florida 33457 Mr. Paul H. Hauge Paul H. Hauge & Associates, P. A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is Statement of Just Compensation and Written Offer to Buy. I have executed both of these. Please return copies to me after they have been fully executed by the City of Eagan. As you know this transaction was closed under a Purchase Agreement which contains provisions that survive the closing and which is the actual contract by which this transaction was closed. Please return to me a copy of the Written Offer to Buy with the notation on it that it does not supersede the Purchase Agreement dated March 29, 1979 by which we closed this transaction. Thank you. Yours very truly, SHEAR & ROONEY, LTD. ILCO-11, THOMAS J. ROONEY TJR/br Enc. �Ir—C uu�m Use . Form No. �"'r.form w.. Conveyancing ` . Corporation to Inelvldusl. Minnesota Uniform Conveyanolnp Blanks (1931) Tbig 30entureli.Madsthis..__.._24th_._day of. __..._.�...._May ._.._....... .... __...... ,la....79._.., between Dakota Electric Association_ an incorporated cooperative association, a corporation under the laws o the State o __..__.._Mipgsota,�,_,__,_, ryo f .- ,party of the Aral part, and Thomas J oor,�ep othe County of........._$...._______._______._......._..._.___._.................._._......._.__..___..._.___._....__..._....._.__....:.. f D kota _....._..._ and State oj..____._Minnesota........ .............. part. --.Y .............of the second part, witne"etb, T1 t the said arae o she at rt, bn ro 1 er•at'o o the sum of One 1.00 Dollar another good a�d vd.luaie consc�era`tor� ................)..........._........._.................................._._......._............._..._........................................................................................now, ens, to it in hand p2id by Ole said part .... y ......... of the second part, the receipt whereof is hereby acknowle(Rd does hereby Grant, Bargain, Quitclaim, and Convey unto the said part ........ Y ....... of the second part,.................. heirs and assigns, Forever, all the tract..................or parcel ....... _......... of land lying and being in the County of Dakota •and State of .Minnesota, described as follows, to -wit: West 1/2 of the West 1/2 of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Eagan Township, except the South 100 feet thereof. The purpose of this Quit Claim Deed property from the Easement contained 1958 and recorded August 20, 1958 as State Deed Tax $2.20 is to release the above described - in 70 Misc. page 202 dated June 27, Document #260873. to ibabe anb to lbolb the lame, Together with all the hereditaments and appua•tenances there- unto belonging or in anywise appertaining, to the said part..... Y........the second part .........._his .......... heirs and assigns, Forever. 311 Megtimonp WberCd. The said first party has caused these presents to be executed in its corporate name by its ......................... . President and its ........... _..... .... ...... _.._..._...and its corporate seal to be hereunto affixed the day and year first above written. DAKOTA ELECTRIC ASSOCIATION Its ............. Yircv.:-.P.I.P..S.id.ont............................... NU Otatt of Ainntoota, County of...............Dakota On this................... _......... "_`- of.....___...__.M.aY........_..__._..._......, 78.79..._.., before me, a .....Whin a%1jorAaV County, personally appeared to nee personaly known, who, becng each by me Vly sworn ___._...._........did say that they are respectively the ............... _.......... _................ President and the..__.%).A,S...._.``_,!_!:11 bt... ............ ......... of the corporation named to the foregoing instrument, and that the seal affixed to said instrument is the corporate eeal of said corpora- tion; and that sai instrament was signed and sealed in behalf of earl corporation by authority of its hoard of .........:..................._...._............._.. _ .— and said.._.._.._......... -so. ...._. .. . I� '4"'n�._........... ......... ............. and corporationn .••••.•_.......•...... .•K�•weyrcw ..�►....�i1*!:.._....acknowledged said instrument to be the free act and deed of said a ...... ......... P.°.^4h..... SR. 9lJow4 nn_....� __. ......... Notary Public ..... ........ .....D9A :{.R.......................................County, Minn. F My commission expires.:e• n ........................................... _............... 78............... CQ.Ci. JrAe +asorA Wf c:,j"'� III Y La;La lull "1, I277 This instrument drafted by: Larry Neilson Attorney at -Law 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 THIS INSTRUMENT WAS DRAFTED BY: Name Address M Ten statements for real property described In this Instrument should be sent to: Name Address C3 I`� q� k I rz F °•Ittj 1y C � o �•" tl ro � w� a V ti o W� �� W ti ti Wa' J W O m > 2 5 D A O rpt �sl h F os a�1 a o Ug x o L.r 0 a I M Ten statements for real property described In this Instrument should be sent to: Name Address C3 I`� q� k I rz F °•Ittj 1y C � o �•" tl ro � w� a V ti o W� �� W ti ti Wa' SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear May 29, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 / V Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 ' Re: Thomas J. Rooney Sale to Eagan Dear Paul: Enclosed is a Quit Claim Deed from Dakota Electric Association to me.releasing the Easement. TJR/br Enc. Yours very truly, SHEAR & ROONEY, LTD. ROONEY Telephone 2243361 Area Code 6,12 203"ult Claim Deed. Corporation to Individual. Form No. 30• •'° • • •'• ... Minnesota Uniform Conveyancing Blanks (1931) Tbfig Nbenture, Olde this...................24th between _ Dakota Electric Assoeiatio association, .....day Of ................................................................... ............................... 19....79....., an incorporated cooperative a corporation under the laws o the State o Minnesota P f f..........................._............................................ party of the first part, and Thoma... ...... RooneY........................................................................................................................................................... of the County of.......Dakota .......................................................arid State of. .... .......... Minnesota .................................................................... part ------ Y..............of the second part, WitWilittlj, That the said part? of lie first rt, iri ron'sldderat'oa of the sum of One ($1.00 Dollar and other good an valua isle consideraitiori DOLL.411S, ............................................................................................ to it in hand paid by the said part....Y...........Of the second part, the receipt whereof is hereby acknowletWed does hereby Grant, Bargain, Quitclaim., and Convey unto the said part ........ Y_ - - ...of the second pant,...1� heirs and assigns, Forever, rill the tract..................or parcel .................. of land lyinsY and being in the County of ...................................Dakota..........and State of Minnesota, described as follows, to -wit: ..... . West 1/2 of the West 1/2 of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Eagan Township, except the South 100 feet thereof. The purpose of this Quit Claim Deed is to release the above described property from the Easement contained in 70 Misc. page 202 dated June 27, 1958 and recorded August 20, 1958 as Document #260873. State Deed Tax $2.20 L - -_ TA 1( to Oabe anb to Jbolb the Oame, Together with all the hereditaments and appurtenances there- unto belonging or in anywise o.pper•tainin_a, to the said part ..... Y......................of the second part ............ hiS heirs and assigns, Forever. •iss : •fin Tegtimonp 19t34ereoi, T'lir, said first party has caiisrd these presents to be executed iu its corporate name by its ........................... p'? 0 RA ' ., r� a �, y_ , President and its...................................................and its corporate seal to abe hereunto affixed the day and year first above uTitten. DAKOTA ELECTRIC ASSOCIATION • .......................... f..................................,..................................... Its.................1.t .t ..-.PX.e.5.id.n t................................ Otate of Aimtegota, County of...............Dakota On this ............. sA Of ....................._M'E* y................................ 79.79......., before Tne, a .....2Kithin a?W forAaV County, personally appeared to me pe7sona.ly known, zaho, being each b me drely sworn ........................did say that they are respectively the ..............................................President and the ......_YW.......\..'!L."44. t..........................of the corporation named in the fo•c�Foing instrument, and that the seal affixed to said instrument is the corporate seal of said corpora- tion, (Intl that, sal instrument tons signed and sealed in behalf of said corporation by authority of its Board of............................Vxh................."Aarl............ ........... and said ........ ..)r......ii!.R........................... ........ ........................ and .............................ti .Nr.'Y+t ._....'AlP.'"`...............acknorvlcdsed said instrument to be the free act and deed of said corporation. ............... !P.!�!o t....�..�x��!�+..!aa�..... ......... o...t........... -li,w................................... Notary Public...................�4%'S K........................................County, .Minn. ,* AAAA"" .My comm7 ission p' 9 ............... i i'1 CA.RUNIfH9RSi •. i>:,'. J� .... •OTAR�NFSOTp Ily Commi:alcn Ecpites lu YY21, 1977 > This instrument drafted by: Larry Neilson Attorney at Law 6 1170 Northern Federal Bldg. !' St. Paul, Minnesota 55102 THIS INSTRUMENT WAS DRAFTED BY: Name Address km Ten statements for reel property described in this instrument should be Bent to: i y � V psi �ft:t ! I ! i k r3 d N q I i f I� Fd w Qi 0 i w I c s � � u O W i i y � V psi �ft:t ! I ! i k r3 d N q IRERTY QURVEYS DIVISION 0461CN 'OGAAPHIC MAPS I0C Iib WONDIEN 65 ASSOCO(i'TE OOCIM LAND SUAVIZVORG 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645.3&46 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 DICE NO. _ 1664 SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $699.00 • • -�" Wil. PROPCRTV SURVEY{ WEDIVI•ION DEsION TOPOGRAPHIC NAPS= FL W INOEN a ASSOCIATE66 INC. LAND EYRVEVORE 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 6453646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 190 1979 INVOICE NO. _ 1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 PROPERTY SURVEYS e • ( V SUBDIVISION DESIGN TOPOGRAPHIC MAPS C. FL W INOEN i ASSOCIATEI% INC. LAND SURVEYORS 1381 EUSTIS STREET. ST. PAUL, MINNESOTA 55108 645-3646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 INVOICE NO. _.1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 a PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 July 20, 1979 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 Dear Mr. Rooney: Enclosed is a copy of the revised Invoice #1864 for the property in Section 22 in the City of Eagan. We have deleted the individual amounts as requested. Very truly yours, C. R. WINDEN & ASSOCIATES, INC. Charles R. Winden Enclosure Es / Enclosure cc: Paul Hauge �a o PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC YAPS C. R WINDEN a ASSOCIATEI%INQ. LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 6453646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 INVOICE NO. -.1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 0 THOMAS 1. ROONEY LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 July 23, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway St. Paul, Minnesota 55122 Dear Paul: 11 Telephone 224:3361 Area Code 612 Enclosedplease find bill from C. R. Winden & Associates in the amount of $899.00. Also enclosed is our check in the amount of $412.00. This represents ane -half of the bill, $449.50, minus $37.50 which is the one-fourth of the bill in the amount of $150.00. paid for the legal description. Please forward my check, together' with your check„ in payment of the City's share of thi's bill, to C. R. Winden & Associates. Thank you. Yours vey truly, SHEAR & ROONEY, LTD. THOMASW J. ROONEY TJR/br Enc. cc: C. R. Winden & Associates UL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW , 3908 SIBLEY MEMORIAL HIGHWAY J EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE TELEPHONE 454.4224 August 6, 1979 Mrs: Alyce Bolke City Clerk City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Thomas Rooney - Eagan Park Acquisition. Dear Alyce: I am enclosing a copy of a bill from Chuck Winden and Associates covering the surveying of -the park land 'bought from Tom Rooney. The agreement in the acquisition was that the City of Eagan would pay one-half of the bill and that Tom Rooney would pay one-half plust $37.50. I received a check from Mr. Rooney for $412.00 representing his portion and request a check from the City in the sum of $487.00 as the balance. I assume that this money would come out of a park site fund but you can verify that with Barbara Schmidt. Please send me the check and I can forward it on to Tom Rooney: The understanding that we had reached was that the bill,for the surveying would be approximately $600 through both Mr. Rooney's contacts and Barbara Schmidt's contactes with Chuck Winden's office. It turned out that the total bill was $899 and approximately $300 above the estimate. If either you or Barbara have any objection to paying the entire bill, please let me know. I called Tom Rooney about the bill and he said Mr. Winden was upset when Tom was critical of the bill. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt. VUL H. HAUGE & ASSOCIATES, P.A.* ATTORNEYS AT LAW , 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE Mrs. Alyce Bolke City Clerk City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Mr. Thomas Rooney SHEAR & ROONEY, LTD. Northern Federal Building St. Paul, Minnesota 55102 RE: Patrick Eagan Park - Thomas Rooney - City of Eagan. Dear Alyce and Tom: AREA CODE 612 TELEPHONE 454-4224 I am enclosing a check payable to C. R. Winden and Associates in the sum of $412 that was sent to me by Tom Rooney about August 1st of last year regarding the Patrick Eagan Park acquisition by the City of Eagan from Tom Rooney. In addition, I am enclosing a check from the City of Eagan in the sum of $487 payable to C. R. Winden and Associates, dated August 12, 1979.The reason that I am returning these is that Barbara Schmidt and I have been attempting since about August 1st to determine the exact amount of the bill that was attributable to Eagan from Mr. Winden and after a number of letters and telephone calls and assurances that we would be receiving a corrected bill, we have decided that Mr. Winden.has chosen not to honor our requests and therefore, I am returning the checks to each of you and if he wants to pursue a bill, he will have to do it more accurately. Clearly, the understanding reached by Barbara Schmidt with Mr. Winden and his asso- ciate differed from the method that the bill was sent to the City and the two of us have spent all together too much time trying to straighten out this bill. There have been a number of telephone conversations with Mr. Winden before the surveying was commenced and several made after completion of the work by me on October 29th, November 27th, and my letter to Mr. Winden on December 17th. If Tom Rooney wants to send his check to Winden and Associates fuer ayment, he can do so. i , Ver truly your , Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt, Park Director Charles Winden LEO MURPHY THOMAS HEDGED MAYOR .. CITY ADMINIRTRATOR 1" • ALYCE DOLKE THOMAS EGAN `I - CITY CLCRK MARK PARRANTO I r ''�• ®YA�y ' JAMES A. SMITH CITY Y ®F' 19AG/ A.. VI' THEODORE CMDCRSWACHTER COUNCIL MEMDER9 3788 PILOT KNOB' ROAD I EAGAN. MINNESOTA _ q 55122 1 ` PHONE 454-Sion October 31', 1979 YM1^l i Mr. Pete Klose OLUA Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 Re: 27-00861 Patrick Eagan Park City of Eagan, Dakota County Dear Pete: Enclosed please find the required documentation of purchase, by the City of Eagan, of one of the two parcels included in the above referenced project. We would appreciate your reviewing this information at this time to verify that it is complete and satisfactory to close out this portion of the project. We are continuing to experience difficulty in negotiating with the owner of the remaining parcel which completes this project and are concerned that, if additional documentation is needed relative to the first acquisition, a time delay will make it more difficult for us to provide the necessary information. We are continuing to attempt to come to a satisfactory agreement with the owner of the remaining parcel and will keep you informed of our progress. We appreciate your cooperation in this matter. Sincerely yours, �Jc�oaa- Scar. ttv.c� ` Barbara Schmidt Eagan Park Director BS/hd cc: Paul Hauge, City Attorney Encl. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. VF RrCFlVED OF.... PURCHASE AGREEMENT ...... ,Minn., i:iiiti,vY� s��u; p'rre ha,p>' •' q • I'INIC—Ito tee's Id•c,;ipt u 19. 7X thesum of.....-.._ ... ..................................................................................... .. .. ........($....%zi-v..--..) DOLLARS ... ...._ .. ...- ................................as earnest money and in pun paynn•nl for Elie purchase of property at (Ghrrk. Cash or Nate — Stole Which .� �:. � �..........�i"U!-....�......-�iv................ ..,,,...................situated in the -ems Count)' of-_-.....:........_....................................................... State of Dfjnnesota, and legally dcscrihed as follows, t) -wit' i� �� eeJ1 P� 4>J,!} ��-� a--7 , 0— � 0 including all garden bulbs, plants, shrt>�js and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian bl}YY'nds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located un said premises and including also the following personal property: all of which property the undersigned has this duo the buyer for the sum of: 77 Q_..._....-....(� 5. ............................— TS. �....................) DOLLARS, gjAv,�yyJ��'n d which the buyer agrees to pay inthe . �following manner 3 G �' wd Earnesimoncy herein paid $....,Q!Qd..s.!...-and $.-J./ cash, on ....... ........... the date of closing. LK r/�2 —�<`� l� � � trout Deed Subject to,prrh)nnanre y the buyet the seller agrees to execute nd deliver a ......._..............................................._.,....... y (m he joined in by spouse. if any) conveying ntarkeutble tide to said premises subject only in the following excepimm: (a) ISuilding and zoning laws, ordinances. Stale and Federal regulations. l b) Restrictions relating to use or improvement of premises without effective forfcitme provision. (c) Reservation of any minerals tar mineral rights to the State til hfinnesota. (d) thility and drainage a:utwiertls which do tint iuu:rferc with present intprovemcnls. (e) It ighcs of tenants is follows: (units% specified, not subject to tenancies) - - t "cw asscssmr '1'ha• buyer shall ria the real reale cues due in the year U-�d .. . `,r•Iler wnnonts that real csUtc rases dot m rbc year UQ' will .-..... no ..Mead— _. ... -. lromcuead cla%%,ucrnon -il1LO''k� '� r //®((til I, partial or tion-humcstcaJ — static Which) Ncid,er the seller nor the seller's agent make :any representation or warrant' whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. : Stllcr cuveniuts that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property nut included herein anti all debris from the premises prior tit possession date SELLER WARRANTS ALL APPLIANCES, 1117M ING, AIR CONDITIONING, WIRING AND PLUaI111NG USI.D AND LOCATED ON SAID PREhIISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. 'rile seller further agrees to tidiver possession not poet than .."-"'"-"'"-" "-.Provi.lcd that all conditions ,f Ilii% arree•n)cnt have been complied with, finless otherwise specified this sale shall he dosed r or before 60 days from the due hcreni. Ili ill, event chis property is destroyed of substantially damaged by fire or any other cause before the closing date, this ngrecmcnE shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjusune•nn l rent), interest, insurance and city water, and, in the" case of income pn gent', current operating rspensrs, -pian be made as of ....,...... ..._.._............. _...................___. ... -. 'I'he seller shall, within a reasonable time after approval of this agreement, for ash an absvac[ of title, ora Registered Trope ray Airstact it, ctified to dace m include proper searches cuvemn, bank topic its, and Shue and Federal judensc•uu and liens. The ban's, shall he .11owe.l IU days after receipt thereof for examination n( said title: and rhe making of any objections then•:), said objuaions to be made in w'riring nr deemed to be waived. If any ubjections are sat ,tide the seller shall be allowed IM days u, make such title marketable. Pendine corrcaiun of title the payntents,hereuoder required shall be pustp(ncci, but upon corrcainn n( tide and within Ill daps attar written notice n) the I,uyeq rhe 113htn5 shall perfonn this :p,tcement arconling ata its turns. If said tide is nut marketable and i% not made so within 120 days from rile date of written objections thereto as above provided, chis agrccuont shall Ise null and void, m option of the buyer, and neither Principal shill be liable for damages hereunder to the other princgpul. All money theretofore paid by Elie buver shall be refunded. If die tilt to said property be found marketable or be %u. mail.,within said tune. :oul said lin yet shall default in any of hhc agrecnn,ms and continue in delimit for a period of 10 day's, then and in that case the seller may terminate this contract and on such termination.all the payments made upon this contract shall he retained by said seller and s.iid agent, as Ehcih respective interests may appear, as liquidated damages, time Iscing of the essence hereof. '['his provision shall not deprive either party of the right of enhnciny the sPerhhc performance of this contract provided such contract shall not be terminated as aforesaid, anti provided action c,a rnforcc such E spcuC performance shall_ lir runhmn ectd within mon six ths after such right of as ion shall :ante It is under.,n5W and ae;reed that this sale is made subject tit the approval by the owner of said premises lin writing and that rile onder- sirned agent is in no nunuer liable or responsible on account of this a_rermem. except to return or account for the earnest money paid under thi%cnntr.ct. -rhe delivery of all papers and monies shall be made at the once of:. .-..... '-"" "—."—'-. -""""' ...... ............................... ......... ......... -.... ....... _.,........ .. By .... .............. ............ Agent 1, the undcrsigrsed, owner of the above land; do hereby approve a �' a-bo�veI agreement ar the sale thereby made. 1 hereby agree to purchase the said property for the price and If '�""'"��� r upon the terms above mentioned, and subject to all conditions h i teased. p_- ....................... .... ....................................................(SEAL) `-' .:..........................................DuYcr ........................................... (SEAL) '!�- � t� I Nlilll,.1.1�t.j) In m.:molt• ;f f RrCFlVED OF.... PURCHASE AGREEMENT ...... ,Minn., i:iiiti,vY� s��u; p'rre ha,p>' •' q • I'INIC—Ito tee's Id•c,;ipt u 19. 7X thesum of.....-.._ ... ..................................................................................... .. .. ........($....%zi-v..--..) DOLLARS ... ...._ .. ...- ................................as earnest money and in pun paynn•nl for Elie purchase of property at (Ghrrk. Cash or Nate — Stole Which .� �:. � �..........�i"U!-....�......-�iv................ ..,,,...................situated in the -ems Count)' of-_-.....:........_....................................................... State of Dfjnnesota, and legally dcscrihed as follows, t) -wit' i� �� eeJ1 P� 4>J,!} ��-� a--7 , 0— � 0 including all garden bulbs, plants, shrt>�js and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian bl}YY'nds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located un said premises and including also the following personal property: all of which property the undersigned has this duo the buyer for the sum of: 77 Q_..._....-....(� 5. ............................— TS. �....................) DOLLARS, gjAv,�yyJ��'n d which the buyer agrees to pay inthe . �following manner 3 G �' wd Earnesimoncy herein paid $....,Q!Qd..s.!...-and $.-J./ cash, on ....... ........... the date of closing. LK r/�2 —�<`� l� � � trout Deed Subject to,prrh)nnanre y the buyet the seller agrees to execute nd deliver a ......._..............................................._.,....... y (m he joined in by spouse. if any) conveying ntarkeutble tide to said premises subject only in the following excepimm: (a) ISuilding and zoning laws, ordinances. Stale and Federal regulations. l b) Restrictions relating to use or improvement of premises without effective forfcitme provision. (c) Reservation of any minerals tar mineral rights to the State til hfinnesota. (d) thility and drainage a:utwiertls which do tint iuu:rferc with present intprovemcnls. (e) It ighcs of tenants is follows: (units% specified, not subject to tenancies) - - t "cw asscssmr '1'ha• buyer shall ria the real reale cues due in the year U-�d .. . `,r•Iler wnnonts that real csUtc rases dot m rbc year UQ' will .-..... no ..Mead— _. ... -. lromcuead cla%%,ucrnon -il1LO''k� '� r //®((til I, partial or tion-humcstcaJ — static Which) Ncid,er the seller nor the seller's agent make :any representation or warrant' whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. : Stllcr cuveniuts that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property nut included herein anti all debris from the premises prior tit possession date SELLER WARRANTS ALL APPLIANCES, 1117M ING, AIR CONDITIONING, WIRING AND PLUaI111NG USI.D AND LOCATED ON SAID PREhIISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. 'rile seller further agrees to tidiver possession not poet than .."-"'"-"'"-" "-.Provi.lcd that all conditions ,f Ilii% arree•n)cnt have been complied with, finless otherwise specified this sale shall he dosed r or before 60 days from the due hcreni. Ili ill, event chis property is destroyed of substantially damaged by fire or any other cause before the closing date, this ngrecmcnE shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjusune•nn l rent), interest, insurance and city water, and, in the" case of income pn gent', current operating rspensrs, -pian be made as of ....,...... ..._.._............. _...................___. ... -. 'I'he seller shall, within a reasonable time after approval of this agreement, for ash an absvac[ of title, ora Registered Trope ray Airstact it, ctified to dace m include proper searches cuvemn, bank topic its, and Shue and Federal judensc•uu and liens. The ban's, shall he .11owe.l IU days after receipt thereof for examination n( said title: and rhe making of any objections then•:), said objuaions to be made in w'riring nr deemed to be waived. If any ubjections are sat ,tide the seller shall be allowed IM days u, make such title marketable. Pendine corrcaiun of title the payntents,hereuoder required shall be pustp(ncci, but upon corrcainn n( tide and within Ill daps attar written notice n) the I,uyeq rhe 113htn5 shall perfonn this :p,tcement arconling ata its turns. If said tide is nut marketable and i% not made so within 120 days from rile date of written objections thereto as above provided, chis agrccuont shall Ise null and void, m option of the buyer, and neither Principal shill be liable for damages hereunder to the other princgpul. All money theretofore paid by Elie buver shall be refunded. If die tilt to said property be found marketable or be %u. mail.,within said tune. :oul said lin yet shall default in any of hhc agrecnn,ms and continue in delimit for a period of 10 day's, then and in that case the seller may terminate this contract and on such termination.all the payments made upon this contract shall he retained by said seller and s.iid agent, as Ehcih respective interests may appear, as liquidated damages, time Iscing of the essence hereof. '['his provision shall not deprive either party of the right of enhnciny the sPerhhc performance of this contract provided such contract shall not be terminated as aforesaid, anti provided action c,a rnforcc such E spcuC performance shall_ lir runhmn ectd within mon six ths after such right of as ion shall :ante It is under.,n5W and ae;reed that this sale is made subject tit the approval by the owner of said premises lin writing and that rile onder- sirned agent is in no nunuer liable or responsible on account of this a_rermem. except to return or account for the earnest money paid under thi%cnntr.ct. -rhe delivery of all papers and monies shall be made at the once of:. .-..... '-"" "—."—'-. -""""' ...... ............................... ......... ......... -.... ....... _.,........ .. By .... .............. ............ Agent 1, the undcrsigrsed, owner of the above land; do hereby approve a �' a-bo�veI agreement ar the sale thereby made. 1 hereby agree to purchase the said property for the price and If '�""'"��� r upon the terms above mentioned, and subject to all conditions h i teased. p_- ....................... .... ....................................................(SEAL) `-' .:..........................................DuYcr ........................................... (SEAL) '!�- � Ll • a -k -u CL4 U Ck to tVLJL,� �A �IS4 C�-,IJ4 . r -k bac. 6,--Z� ez�P e V-zt-e� 7�- • i 0 u 0 0 6A c �t rl 1 AAA a' (' 1 _A L `J 0 J • SHEAR & ROONEY, LTD46 Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street November 13, 1979 Jensen Beach, Florida 33457 Dakota County Treasurer Dakota County Government Center 1255 W. Highway 55 Hastings, Minnesota 55033 Re: Thomas R. Bergin - No. 10-02200-010-85 Dear Sir: Telephone 2243361 Area Code 612 Please let me know if the second half of the 1979 taxes on the above property have been paid. If so, please sign this letter and return it to me. We need to know that the taxes for 1979 are paid on this property in order to release an escrow. Thank you. T.7R/br Yours very truly, SHEAR & ROONEY, LTD. Tes for 9 in the amount of $ 05 . are pap,, in full. November 15, 1979._ O" f Dakota County Treasurer November 20, 1979 Paul Hauge Attorney, at Law 3908 Sibley Memorial Highway Eagan, Minnesota Dear Paul: Please kdvise the Minnesota Central'Credit Union that they can release the escrow�ou.. Y`- (J7�1-7 Thomas J. Boon� _SUL H. HAUGE & ASSOCIATES, P.A.* ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN IST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE November 26, 1979 TELEPHONE 454-0224 Mr. Peter Klose OLUA Minnesota State Planning Agency Capital Square Building St. Paul, Minnesota 55101 RE: 27-00861 Patrick Eagan Park - City of Eagan, Dakota County. Dear Mr. Klose: I am enclosing the following in regard to the Patrick Eagan Park acquisition relating to the purchase of property from Thomas Rooney: 1. A letter dated October 31, 1979, from Barbara Schmidt, Eagan Park Director, addressed to you. 2. A copy of a Warranty Deed dated May 7, 1979, from Thomas J. Rooney and wife to the City of Eagan. 3. Attorney's title opinion - Form OR -18. 4. A five (5) year history of conveyance - see Form OR -18. 5. Copy of Warrant. 6. State of Just Compensation. 7. Written Offer to Purchase. Very truly yours, Paul H. Hauge PHH:cdg enc. CC ' Cd��Ac'e- 0 0 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN 1ST. PAUL), MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH KEVIN W. EIDE Minnesota Central Credit Union 577 University Avenue P.O. Box 3068 St. Paul, Minnesota 55165 Gentlemen: AREA CODE 612 TELEPHONE 4543224 November 26, 1979 RE: Thomas R. Bergin - No. 10-02200- 010-85. On behalf of the City of Eagan, this is the authorization that releases the tax escrow mentioned on the above property. Very truly yours, Paul H. Hauge, City Attorney of Eagan. PHH:cdg 9AUL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW .3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE December 17, 1979 TELEPHONE 454-4224 Mr. Charles Winden C.R. Winden & Associates, Inc. 1381 Eustis Street St. Paul, Minnesota 55108 Dear Chuck: I noticed according to my file dealing with Tom Rooney that I talked with you on October 29th and November 27th about straightening out the bill for surveying for Tom Rooney and the Patrick Eagan Park. Each time you indicated that you would give me a corrected statement with a distinct breakdown between the work down on the request of Tom Rooney relating to his own property as opposed to that done for the City of Eagan in relation to the Patrick Eagan Park being purchased by the City from Tom Rooney. I also understand that Barbara Schmidt talked with you several months ago about this bill and it is still not straightened out. I would appreciate your prompt attention. Very truly yours, Paul H. Hauge PHH:cdg cc: Barbara Schmidt PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH KEVIN W. EIDE Mrs. Alyce Bolke CITY OP FACAN 3795 Pilot knob Road Eagan, Nq 55122 RF: Patrick Eagan Park Dear. Alyce: January 21, 1980 AREA CODE 612 TELEPHONE 4544224 I am enclosing the following in connection with the purchase of the above referenced property: 1. Abstract of Title 2. Photo cony of the Warranty Deed from Thomas and Barbara Roonev 3. Photo copy of our letter to the State Planning Agency enclosing the Lawcon forms. 4. Our statement of fees. Very truly yours, Paul Ii. llauge P1111 : me enc. Fii ee c) % 3S PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE 0 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 January 25, 1980 Mrs. Barbara Schmidt Eagan Park Director City of Eagan Pilot Knob Road Eagan, Q _ Eagan, MN RE: Thoma- Rooney parY file Dear Barb ra: AREA CODE 612 TELEPHONE 454-4224 Concerning the two items which we discussed over the phone on January 24, 1980, I have enclosed a copy of the most recent draft of the Purchase Agreement for your file and I have also contacted Mr. Rooney concerning the insurance binder, naming the City of Eagan as a co-insured. Mr. Rooney's response was that he has not obtained a copy of the insurance binder from his agent as of yet and, therefore, we do not have a copy. He has assured me that he will obtain this insurance binder prior to his cutting of any wood upon the land now owned by the City of Eagan and I have requested that he forward this binder to us at the earliest possible moment. Sincerely, Kevin W. Eide KWE:me enc. cc: Thomas Rooney RATIUNS - Art= to your pogcy vE01'JkEflS MW © SPECIAL ❑ BROAD :,1,1X1 idlr�lc•'1•; FI ❑r I tIOYf 'i%, L1� vDi: .P L. ❑ CONDOMINIUM'OWNERS ❑ TOWNHOUSE ❑ BASIC ® NON-SMOKER 0 BROAD FORM RENTERS ILLINLI5FA.R1•',ERS IASUkAi,LL CCAPANY, CUkLAAr ILL INUIS A 'STLCK IINSURANCE COAPmiaY htREL+ LALLEC Tht L APANY Loan ADEN'(— DENNIS J NELSLn—F17Lnt 464=—c79c No. 1 To 10-0�—caJ. at c NLCA Standard Time at described residence premises flt checked here, this policy will continue for successive policy periods as follows: If we elect to continue this insurance, we wil[ renew this policy it you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then In effect. You must pay us prior to the end of the current policy period or else this policy will expire. If a mortgagee is namcd In this pr;;icy, we will continue Ibis insurance for the marigagee's Interest for ten days atter written notice of termination to the mortgagee and then this policy will terminate. policy Number 1}+Cf;AS J RCONEY E BARtIAi.A J 1.CL..�Y r CL=B L9 i2 2156 UPPER AFTCIv RD A ent S1 PALL Mn SS -19 g 1�—:tL--Set Same as mailing address unless otherwise stated: PkUOLNI]AL INSURANCE CCi!FAiIY �I A;-,E1tJLj+ M L S D BLX 90.49 VAN INUlS CA 9I46L We provide insurance only for those coverages indicated by a 1.5, L_c 6 w chle W: ofConstrpct u. only) ion o wel 1- k A t -I - `''ng No. of Units is. LIE 1 Insured is: Ci,NER Premium r1 i�11R First Year. r6JJ I ]0.1.51'1 Of UseI Liabilit J .. -, J-1 JJ_I 5yJti.v limit or other notation. OTI =isresidential, Medicaly rs hson unless stated of Combined) 'MOTOR11 Be, rte following Forms and Endorsements 1.1 S -L. EItn SLD adla, ;Deductible - Cov. A, B or C $ L -J- Exception. ❑4 If checked here, a deductible of 62b0 applies to loss under coverage C caused bylholl. In case of a loss under Cov. A, B. or C. we cover only Ihr i part of the Iola] loss over the dedu(llble stated. I ya:•, ,%N Ih<_ CC OF AML: — placeollssuance� M L 5 U b)( iJ 9 Uan ,\ClS CA -1145 L UC -LL -C_ Date Countersigned -�lil///J Continued on revers_1 si,a orizud R" epresente vu Attach to; n with Oho soma policy number shown on this;endersemem . CONTRACTUAL LIABILITY EPIDORSEMA T' Effective Date 12-05-79 F 8036 29 12 Policy Number of Company designated In the Declarations ET -68 5TH EDITION AN "%" eELOW MIANB COVERED -LIMITS 'COVERAGE OF LIABILITY EACH PER90N EACH OCCURRENCE Bodily Injury Liability $ ,000 — $ ,000 Property Damage Liability $ ,000 X Bodily Injury and Property Damage Liability $ . 300,000 $ 20.00 . 4 Premium `. In consideration of the payment of an additional premium therefor, ,the policy to which this endorsement is attached is ex- tended, subject to the limits of liability specified above, to cover the liability assumed by the named insured under thatportion, hereinafter set forth, of the named insured's agreement with CITY OF 4 CQaaht PIN as.follows:. (a) For bodily injury to any person or persons other than employees of the insured. (b) For property damage other than to property owned,'leased, occupied or used by, or in the care, custody or control of the insured, his agents, or any of his employees. The exclusion in the -policy relating to liability assumed under a contract or agreement shall not apply to the insurance afforded by this endorsement. _ The liability assumed by the named insured to which this endorsement applies is contained in the following except from the agreement referred to herein: EFFECTIVE not prior to time applied for (12:01 A.1k Standard Time in California and Oregon), on the effective date shown above, this endorsement, when countersigned, becomes part of the above numbered policy issued by the Company designated in the Declarations, and supersedesand controls anything in the policy contrary hereto but is otherwise subject to the Declarations, Insuring Agreements, Exclusions and Conditions thereof. Countcrsignc 7 AOT CO REPRCSENTATIVC 6G -000o (ACT -ET -Ga) STH EDIT/N 9-77 131 tri 62 (CONTRACTUAL LIABILITY END.) r wee �V Attach to yourfVf".ith the same Policy number shown on this endorsement: " �. ENDORSEMENT . : Effective Date 12-05-74 F 8038 29 12 Policy Number of the Company designated in the, Declarations ADDITIONAL INSURRD ENDORSEMENT IT IS AGREED THAT THE CITY OF EAGAN MINNESOTA SHALL BE NAMED AS AN ADDITIONAL INSURED FOR THE PROPERTY SHOWN AS THE SOUTH 1251.13 FEET OF THE NORTH 1911.13 FEET OF THE SOUTHEAST. QUARTER OF SECTION 22 TOWNSHIP 27 RANGE 23, DAKOTO COUNTY, BUT ONLY WITH RESPECT TO LIABILITY OF THE ADDITIONAL INSURED ARISING OUT OF THE ACTS.AND OMISSION OF THE NAMED INSURED. THIS EXTENSION OF COVERAGE DOES NOT APPLY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING EITHER WHOLLY OR PARTLY OUT OF (1) HIS OR ITS OWN NEGLIGENCE OR THAT. OF ITS AGENTS OR EMPLOYEES EXCEPT WHERE THE NAMED INSURED IS AN AGENT OR EMPLOYEE OF THE ADDITIONAL INSURED OR (2) ANY DEFECT OF MATERIAL, DESIGN OR WORKMANSHIP IN ANYTHING OF WHICH HE OR IT IS THE OWNER, LESSOR, MANUFACTURER, MORTGAGEE OR BENIFICIARY. THIS ENDORSEMENT SHALL NOT OPERATE TO INCREASE THE COMPANY'S LIABILITY UNDER THE POLICY. IT IS AGREED THAT UPON CANCELLATION OR TERMINATION OF THIS POLICY FOR ANY CAUSE THE COMPANY WILL MAIL NOTICE THEREOF IN WRITING TO SAID ADDITIONAL INSURED. This endorsement changes your policy contract only as shown. It becomes part of the above numbered policy on the date shown. When signed by us, it supersedes and controls anything to the contrary. It is subject to all other terms of the policy. Countersigned ' Authorize epresentative 91-0002 IE -0002) IST COITION 6.70 1461 Ogib. 62 iRAA1F R3 �1XIUPAX[f� M4 nu Non -Assessable Your e' ~"uro Form Homeowners c, Policy ie .1�' 7 e•,�� i r . . , Package cls ;? f Your Special Form Homeowners Package Policy offers a package of protec- tion tailored to your needs. It is written in non-technical easy -to -read style. Please read this policy to make sure you understand the coverage it provides. Your Farmers Agent will help you with any questions you might have. Ffnrmars gnsuaraa>nce Group 4680 Wilshire Boulevard, Los Angeles, California 90010 We shall provide the insurance described in this policy. In return you will pay the premium and comply with all policy conditions. Throughout this policy, "you" and "your" -mean the "named insured" shown in the Declarations and spouse if a resident of the same household. "We," ..us" and "our" mean the Company named in the Declarations which provides this insurance. In addition, certain words appear in bold type. They are defined as follows: 1. Accident means a sudden event, including contin- uous or repeated exposure to the same conditions, resulting in bodily Injury or property damage neither expected nor intended by the Insured. 2. Actualcash value means replacement cost of the property at the time of loss, less depreciation. 3. Bodily Injury means bodily harm, sickness or dis- ease, including care, loss of services and resulting death. 4. Business means any full or part-time trade, pro- fession or occupation. It includes rental or holding for rental of any premises by an Insured. 5. Insured means you and the following persons if permanent residents of your household: a., your relatives. b. anyone under the age of 21. Under Section II — Liability, insured also means: C. any person or organization legally responsible for animals or watercraft owned by you or anyone included in 5a or 5b, and covered by this policy. A person or organization using or having custody of these animals or watercraft in the course of any business or without permission of the owner is not an insured. d. any person while employed by you or anyone in 5a or 5b with respect to any vehicle covered by this policy. 6. Insured location means: a. the residence premises. b. any other premises acquired by you during the Policy period for your use as a residence. 1 c. part of any other premises used by you as a resi- dence and shown in the Declarations. d. any premises used by you in connection with the premises included in 6a, 6b or 6c. e. part of a premises not owned by an Insured but where an Insured is temporarily residing. f. part of a premises occasionally rented to an in- sured for non -business purposes. g. vacant land, other than farm land, owned by or rented to an Insured if described in the policy. h. land owned by or rented to an insured on which a one or two family dwelling is being built as a residence for an Insured: I. cemetery plots or burial vaults of an insured. 7. Motor vehicle means: a. a motorized land vehicle, including a trailer, semi- trailer or motorized bicycle, designed for travel on public roads. b. any other motorized land vehicle designed for rec- reational use off public roads while off an insured location. c. any vehicle while being towed by or carried on a vehicle described in 7a. None of the following is a motor vehicle: d. a motorized golf cart while used for golfing pur- poses. e. a motorized land vehicle in dead storage on an Insured location. f. a motorized land vehicle used only on an insured location and not subject to motor vehicle registration. g. a boat, camp, home or utility trailer not being towed or carried on a vehicle described in 7a. 8. Nuclear hazard means nuclear reaction, radiation, radioactive contamination or any result of these. 9. Property damage means physical injury to or de- struction of tangible property, including loss of its,use. 10. Residence employee means an employee of an insured whose duties pertain to the maintenance or use of the residence premises or who performs similar duties elsewhere which do not pertain to business pur- suits of an insured.' 11. Residence premises means the one or two family dwelling, separate structures and grounds, or that part of any other building where you reside, and shown in the Declarations. Coverages We cover: 1. The dwelling, including attached structures, on the residence premises and used principally as a private residence. 2. Material and supplies on or adjacent to the resi- dence premises for use in construction, alteration or repair of the dwelling or other structures on the resi- dence premises. Wall-to-wall carpeting attached to the dwelling is part of the dwelling. We cover other structures on the residence premises separated from the dwelling, or connected to the dwelling by only a fence, utility line or similar con- nection. 2 We do not cover separate structures used in whole or in part for business purposes. We do cover separate structures used solely as a private garage and rented or held for rental to a non -tenant of the dwelling. Wall-to-wall carpeting attached to a structure is part of the structure. We cover personal property owned or used by an in- sured anywhere in the world. At your request we shall also cover personal property: a. owned by others while the property is on the part of the residence premises occupied by an insured. b. owned by a guest while the property is in any resi- dence occupied by an insured. c. owned by a residence employee while in the serv- ice of an Insured anywhere in the world, and the prop- erty is in physical custody of the residence employee. Special Limits On Certain Personal Property These limits do not increase the Coverage C limit of insurance. The limit for each numbered group is the total limit for any one loss for all property in that group. 1. 10% of Coverage C limit or $1,000 (whichever is greater) on personal property usually Ibcated at an Insured's residence, other than the residence premises. This limit does not apply to personal property in a newly -acquired principal residence for 45 days after moving begins. 2. $100 on money, bank notes, coins, medals, bullion, platinum, gold and silver other than goldware and silverware, and collections of all such property. 3. $500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, passports, tickets and stamp collections. 4. $500 on watercraft, including their trailers, furnish- ings, equipment and outboard motors. 5. $500 on trailers not used with watercraft. 6. $1,000 on grave markers, headstones and urns. 7. $500 on theft of jewelry, watches, furs, precious and semi-precious stones. 8. $1,000 on theft of silverware, goldware and pewter - ware. 9. $1,000 on theft of guns. The limit of insurance for Coverage D is the total limit for all the following coverages: 1. Additional Living Expense. If a covered property loss makes the residence premises unfit to live in, we cover the necessary increase in living expense incurred by you so that your household can maintain its normal standard of living. We shall pay for the shortest time needed to: a. repair or replace the damaged property, or b• permanently relocate. 2. Loss of Rents. If a covered property loss makes that part of the residence premises rented to others or held for rental by you unfit to live in, we cover the loss of rents. We shall pay for the shortest time needed to make the rented or rental part fit to live in. The time period in 1 and 2 above is not limited by ex- piration of this policy. 3. Prohibited Use. If a civil authority prohibits you from use of the residence premises because of direct 3 damage to neighboring premises by a peril insured against in this policy, we cover resulting Additional Living Expense and Loss of Rents for not more than two weeks during which use is prohibited. No deductible applies to 1, 2 or 3 above. 1. Debris Removal. We shall pay the reasonable ex- pense incurred by you to remove debris of covered property following loss caused by an insured .peril. This expense is included in the limit of insurance ap- plying to the damaged property. 2. Necessary Repairs. We shall pay the reasonable cost incurred by you for necessary repairs made solely to protect covered property from further damage caused by a Peril Insured Against. This coverage does not increase the limit of insurance applying to the property being repaired. 3. Trees, Shrubs, Plants and Lawns. We cover trees,. shrubs, plants and lawns on the residence premises for loss caused by the following insured perils: Fire or Lightning, Explosion, Riot or Civil Commotion, Aircraft, Vehicles not owned or operated by a resident of the residence premises, Vandalism or Malicious Mischief and Theft. The limit .of insurance for any one loss shall not exceed 5% of the limit applying to the dwelling, nor more than $500 for any one tree, shrub or plant. This coverage is in addition to the limit apply- ing to the dwelling. 4. Fire Department Service Charge. We shall pay up to $500 as an additional amount of insurance, for service charges made by a fire department when called to protect covered property from an insured peril. No deductible applies to this coverage. 5. Emergency Removal of Property. We shall pay for direct loss from any cause to covered property while being removed from a premises endangered by a Peril Insured Against, and while removed for not more than 30 days. This coverage does not change the amount of insurance applying to the covered property. 6. Credit Card, Debit Card, Forgery and Counterfeit Money. We shall pay up to $1,000 as an additional amount of insurance, for loss to an insured caused by: a. theft or unauthorized use of credit or debit cards issued to an insured. b. forgery or alteration of a check or other negotiable instrument. c. acceptance in good faith of counterfeit United States or Canadian paper money. No deductible applies to a, b or c above. Defense: a. We may investigate and settle any claim or suit we consider proper. Our duty to defend any claim or suit ends when we pay a loss equal to the amount of in- surance. b. If a claim is made or suit is brought against any insured for payment under the Credit or Debit Card coverage, we defend at our expense. c. At our option and expense, we may defend the insured or the Insured's bank against a suit to en- force payment under the Forgery Coverage. Perils Insured Against We insure for all risks of physical loss to property de- scribed in Coverage A and B, subject to the exclu- sions described elsewhere in Section I of this policy. 4 We Insure for direct loss to property described In Cov- erage C, subject to the exclusions described elsewhere in Section I of this policy, caused by: 1. Fire or lightning. 2. Windstorm or hail. 3. Explosion. 4. Riot or civil commotion, including direct loss from looting. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke, if loss is sudden and accidental. B. Vandalism or Malicious Mischief. 9. Theft, including attempted theft and loss of prop- erty from a known location when it is likely that the property has been stolen. Personal property placed in these locations for safe- keeping is considered to be on the residence prem- ises: bank, trust, safe deposit company, public ware- house or occupied dwelling not owned, occupied or rented to an Insured. 10. Falling objects. 11. Weight of ice, snow or sleet, if property is con- tained ontained in a building. 12. Collapse of a building or any part of a building. 13. Accidental discharge or overflow of water or steam from a plumbing, heating, air conditioning sys- tem or household appliance. This peril does not include loss: a. to the appliance from which the water or steam escaped. b. caused by or resulting from freezing. ! a• We insure for all risks of physical loss to property de- scribed in Coverage A and B, subject to the exclu- sions described elsewhere in Section I of this policy. 4 We Insure for direct loss to property described In Cov- erage C, subject to the exclusions described elsewhere in Section I of this policy, caused by: 1. Fire or lightning. 2. Windstorm or hail. 3. Explosion. 4. Riot or civil commotion, including direct loss from looting. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke, if loss is sudden and accidental. B. Vandalism or Malicious Mischief. 9. Theft, including attempted theft and loss of prop- erty from a known location when it is likely that the property has been stolen. Personal property placed in these locations for safe- keeping is considered to be on the residence prem- ises: bank, trust, safe deposit company, public ware- house or occupied dwelling not owned, occupied or rented to an Insured. 10. Falling objects. 11. Weight of ice, snow or sleet, if property is con- tained ontained in a building. 12. Collapse of a building or any part of a building. 13. Accidental discharge or overflow of water or steam from a plumbing, heating, air conditioning sys- tem or household appliance. This peril does not include loss: a. to the appliance from which the water or steam escaped. b. caused by or resulting from freezing. C. on the residence premises caused by accidental discharge or overflow which occurs oft the residence premises. 14. Sudden and accidental tearing apart, cracking, burning or bulging of a steam, hot water or air condi- tioning system, or appliance for heating water. This peril does not include loss caused by or resulting from freezing. 15. Freezing of a plumbing, heating, air conditioning system or household appliance. This peril does not include loss on the residence premises while the dwelling is unoccupied unless you have used reasonable care to: a. maintain heat In the building, or b. shut off the water supply and drain the system and appliance of water. 16. Sudden and accidental damage from artificially generated electrical current. This peril does not Include loss to a tube, transistor or similar electronic component. Exclusions Applying To Coverage A and B— Dwelling And Separate Structures . We do not cover direct or indirect loss from: 1. Freezing of a plumbing, heating, air conditioning system or household appliance, discharge, leakage or overflow from such system or appliance caused by freezing while the dwelling is vacant or unoccupied unless you have used reasonable care to: a. maintain heat in the building, or b. shut off the water supply and drain the system and appliances of water. 2. Freezing, thawing or pressure of water or ice, whether wind driven or not, to a fence, pavement, patio, swimming pool, foundation, retaining wall, bulk- head, pier, wharf or dock. 3. Theft in or to a dwelling under construction, or of construction materials and supplies until the dwelling is completed and occupied. 4. Vandalism or Malicious Mischief, breakage of glass and safety glazing materials if dwelling has been vacant for more than 30 consecutive days just 5 before the loss. A dwelling under construction is not considered vacant. 5. Continuous or repeated seepage or leakage of water or steam over a period of weeks, months or years, from a plumbing, heating, air conditioning sys- tem or household appliance. 6. Wear and tear, marring, deterioration, inherent vice, latent defect, mechanical breakdown, rust, mold, wet or dry rot, contamination, smog, smoke from farm smudging or industrial operations, settling, cracking, shrinking, bulging. or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings, birds, ver - .min, rodents, insects or domestic animals. If any of these cause water to escape from a plumbing, heating, air conditioning system or household appliance, we cover loss caused by water. We also cover the cost of tearing out and replacing any part of a building neces- sary to repair the system or appliance. We do not cover loss to the system or appliance from which the water escaped. , Under Items 1 through 6, any ensuing loss not excluded is covered. Applying To Coverage C — Personal Property Property Not Covered We do not cover: 1. Personal property insured elsewhere in this or any other policy. 2. Animals, birds or fish. 3. Motor vehicles. 4. Any sound equipment operated from the electrical system of a motor vehicle, watercraft, camp or home trailer, or any tape, wire, record disc or other medium for use with such sound equipment while any of this property is in or upon a motor vehicle, watercraft, camp or home trailer. 5. Aircraft and,parts. 6. Property of roomers, boarders and other tenants, except property of roomers and boarders related to an Insured. 7. Property in an apartment on the residence prem- ises regularly rented or held for rental to others by an Insured. . 6.. Property rented or held for rental to others off the residence premises. 9. Business property off the residence premises. 10. Business property pertaining to a business con- ducted on the residence premises. 11. Business property on the residence premises in storage, held as samples, or held for sale or delivery after sale. Losses Not Covered We do not cover loss: 1. To property in a building caused by rain, snow, sleet, sand or dust unless these elements enter through an opening in the roof or wall of the building caused by the direct force of wind or hail. 2. To watercraft and their trailers, furnishings, equip- ment and outboard motors caused by windstorm or hail except while inside a fully enclosed building. 3. Caused by smoke from farm smudging or indus- trial operations. 4. Caused by theft: a. committed by an insured. b. In or from a dwelling under construction, or of con- struction materials and supplies until the dwelling is completed and occupied. c. from any part of a residence premises rented to others. d. at any other residence owned, rented to, or occu- pied by an insured except while an Insured is tempo- rarily residing there. Property of a student insured is covered at a residence away from home if the student has been there at any time during the 45 days just before the loss. e. of unattended property in or on a motor vehicle, watercraft or trailer (other than a public conveyance) unless there is physical evidence of forcible entry into the locked vehicle. The property is covered when the vehicle is stolen and not recovered within 30 days, or when an insured has entrusted the keys to a custodian. Evidence of forcible entry is not required when the vehicle is on the residence premises. I. of watercraft and their equipment, campers and trailers off the residence premises. 5. To property in a building caused by a falling object, unless the object first damages the roof or an outside wall of the building. 6. Caused by settling, cracking, shrinking, bulging, or expansion. L Applying To Coverage A, B and C We do not cover direct or indirect loss from: 1. Enforcement of any ordinance or law regulating construction, repair or demolition of a building or other structure, unless endorsed to this policy. We do cover loss caused by order of civil authorities to prevent the spread of fire from a Peril Insured Against. 2. Earthquake or other earth movement. We do cover direct loss of fire, explosion, theft, break- age of glass which is part of a building, storm door or storm window, resulting from earthquake or other earth movement. 3. Water damage, meaning: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether driven by wind or not. b. water which backs up through sewers or drains. c. water below ground level, including water which exerts pressure on or flows, seeps or leaks through any part of a building or other structure, sidewalk. driveway, foundation or swimming pool. We do cover direct loss by fire, explosion or theft re- sulting from water damage. 4. Interruption of power or other utility service which originates off the residence premises. If a Peril Insured Against ensues on the residence premises, we shall pay only for loss caused by the ensuing peril. 5. Neglect of an Insured to use all reasonable means to protect covered property at and after the time of loss, or when property is endangered by a Peril Insured Against 6. The result of intentional acts of an Insured. 7. War, including undeclared war, civil war, insurrec- tion, rebellion, revolution or warlike act by military per- sonnel. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. 8. Nuclear hazard. Loss caused by Nuclear hazard shall not be consid- ered loss by perils. of Fire, Explosion or Smoke. We do cover direct loss by fire resulting from Nuclear hazard. Applying To Coverage D—loss 6f Use We do not cover: 1. Loss or expense due to cancellation of a lease or agreement. 2. Under Loss of Rents, any expense that does not continue while that part of the residence premises rented to others or held for rental is unfit to live in. Applying To Additional Coverages We do not cover: 1. Under Trees, Shrubs, Plants and Lawns, property grown for business purposes. 2.. Under the Credit or Debit Card coverage: a. loss arising out of business pursuits or dishonesty of an Insured. b. use by a resident of your household, a person en- trusted with the credit or debit card, or any person if an insured has not met all the terms under which such card is Issued. Conditions 1. Insurable Interest and Limit of Insurance. Even if more than one person has an insurable interest in the covered property, we shall not pay more than: a. an amount equal to the Insured's interest, nor b. the applicable limit of insurance. 2. Your Duties Atter Loss. If a covered loss occurs, you will perform the following duties: a. give immediate notice to us or our agent. In case of theft, also notify the police. In case of loss under the Credit or Debit Card coverage, also notify the credit card company or bank. b. protect the property from further damage. Make necessary and reasonable repairs to protect the prop- erty. Keep records of repair costs. c. make a list of all damaged or destroyed personal property showing in detail the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related records that support your figures. 7 d. as often as we reasonably require: (1) exhibit damaged property. (2) provide us with records and documents we re- quest and permit us to make copies. (3) submit to examination under signed oath. e. submit to us within 60 days after the loss, your signed sworn statement showing: (1) time and cause of loss. (2j interest of the Insured and all others in the property involved. (3) all legal claims against the property. (4) other insurance which may cover the loss. (5) changes in title or occupancy of the property during the term of the policy. (6) specifications and detailed repair estimates of any damaged building. (7) a list of damaged or destroyed personal prop- erty described in 2c. (6) receipts and records that support additional living expenses and loss of rents. (9) evidence supporting a claim under Credit Card, Debit Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss: 3. Loss Settlement. a. Except as stated in Item b, loss to buildings under Coverage A and B will be settled at replacement cost without deduction for depreciation. (1) Settlement under replacement cost will not be more than the smallest of the following: (a) the limit of insurance under this policy applying to the building. (b) the replacement cost of that part of the building damaged for equivalent construction- and use on the same premises. (c) the amount necessarily spent to repair or replace the building intended for the same occupancy and use. (2) When the cost to repair or replace is more than $1,000 or more than 5% of the limit of in- surance in this policy on the building; which- ever is less, we shall pay no more than the actual cash value of the damage until repair or replacement is completed. (3) At your option, you may make a claim under this policy on an actual cash value basis for loss or damage to buildings. Within 180 days after loss you may make a claim for any addi- tional amount on a replacement cost basis if the property has been repaired or replaced. b. Loss to the following types of covered property will be settled at actual cash value, but not more than the amount necessary to repair or replace: (1) personal property and structures that are not buildings. (2) carpeting, domestic appliances, awnings, out- door equipment and antennas, all whether or not attached to buildings. 4. Value Protection Clause. We may change the limit of insurance applying to Coverage A, B. C and D to reflect changes in costs of construction and personal property values. Any such change will .be made on the renewal date of this policy, or on the anniversary date of 3 -year policies paid annually. 5. Other Insurance. If both this and other insurance apply to the same loss, we shall pay our share. Our share will be the amount that this insurance bears to the total limit of all insurance applying to the loss, col- lectible or not. 6. Deductible Clause. We shall pay for loss to covered property less the deductible amount shown in the Declarations. 7. Loss to a Pair or Set. We may elect to: a. repair or replace any part of the pair or set to re- store it to its value before the loss, or b. pay the difference between actual cash value of the property before and after the loss. Loss to a part does not mean a total loss of. the pair or set. 8. Glass Replacement. Glass damage caused by a Peril Insured Against will be replaced with safety glaz- ing materials when required by law. 9. Appraisal. If you and we fail to agree on the amount of loss, either one may make a written demand for ap- praisal. Each parry will choose an able, independent appraiser and notify the other of the appraiser's iden- tity within 20 days after demand is received. The ap- praisers will choose an able, impartial umpire. If the appraisers cannot agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to choose an umpire. The appraisers will then set the amount of loss. If the appraisers submit a written agreement to us, the agreed amount shall be the amount of loss. If the ap- praisers cannot agree, they will submit their differences to the umpire. A written agreement signed by any two shall set the amount of loss. Each party will pay the appraiser it chooses. The um- pire and all other expenses of the appraisal will be paid equally by you and us. 10. Permission Granted. a. The residence premises may be vacant or unoccu- pied without limit of time, except where this _policy states otherwise. b. You may make alterations, additions and repairs to the residence premises and complete structures under construction. - 11. Control of Property. Any act or neglect of another person will not impair this insurance, if not within your control. 12. Suit Against Us. We may not be sued unless there has been full compliance with all the terms of this pol- icy. Suit must be brought within one year after the loss. 13. Our Options. We may repair or replace the dam- aged property with equivalent property. Wbmay also take all or part of the damaged property at the agreed or appraised value. We shall give you written notice of our intention within 30 days after receipt of your signed sworn statement of loss. 14. Loss Payment. We shall adjust all losses with you. We shall pay you unless another payee is named in the policy. We shall pay within 60 days after: a. we reach agreement with you, or b. a court judgment, or c. an appraisal award. A loss payment will not reduce the applicable limit of insurance. 15. Abandoned Property. We need not accept prop- erty abandoned by an Insured. 16. Mortgage Clause. The word "mortgagee" In- cludes trustee or loss payee. If a mortgagee is named in this policy, a covered loss will be paid to the mort- gagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of the mortgages. If we deny your claim, such denial will not apply to a mortgagee's valid claim if the mortgagee: a. knows and notifies us of any change of ownership, occupancy or substantial change in risk. b. pays on demand any premium due if you have failed to do so. c. submits a signed, sworn statement of loss within 60 days after we notify mortgagee of your failure to do so. Policy conditions relating to Other Insurance, Appraisal, Suit Against Us and Loss Payment apply to the mortgagee. We shall give the mortgagee 10 days notice before cancelling this policy. If we pay the mortgagee for any loss and deny pay- ment to you: a. we have right of recovery against any party respon- sible for the loss, or b. at our option, we may pay off the entire mortgage debt to the mortgagee. In this event, we receive full transfer of the mortgage. A mortgagee's claim will not be impaired by transfer of a right of recovery. 17. No Benefit to Bailee. This insurance will not benefit any person or organization who may be caring for or handling property for a fee. Coverages We shall pay all damages from an accident which an Insured is legally liable to pay because of bodily in- jury or property damage covered by this policy. At our expense we shall defend an insured against any covered claim or suit. We may investigate and settle any claim or suit that we consider proper. We shall not defend or make any payments after we have paid the Policy limits for the accident. P We shall pay the necessary medical expenses incurred by a person other than you or any resident of your household within three years from the date of an acci- dent causing bodily Injury. Medical expenses mean reasonable charges for medical, surgical, x-ray and dental services, prosthetic devices, eye glasses, hear-. ing aids, pharmaceuticals, ambulance, hospital, li- censed nursing and funeral services. Limitations. This coverage applies only to a person: a. on the Insured location with permission of an Insured, or b. elsewhere if the bodily injury: (1) arises out of a condition in the insured loca-. tion or the adjoining ways. (2) is caused by the activities of an Insured. (3) is caused by a residence employee in the course of employment by an Insured, or (4) is caused by an animal owned by or in the care of an Insured. Additional Coverages We shall pay, in addition to our limit of liability: 1. Claim Expenses Incurred Before Our Limit of Liability is Paid. a. all costs we incur in the settlement of a claim or defense of a suit. b. premiums on bonds required in a suit we defend, but not for bond amounts greater than the Coverage E limit of liability. c. reasonable expenses incurred by an insured at our request, to help us investigate or defend a claim or suit. These.inciude loss of earnings (but not other income) of up to S60 per day. d. interest after entry of judgment on any amount that does not exceed our limit of liability.. 2. First Aid Expenses. Expenses for first aid to others incurred by an. insured for bodily injury covered by this policy. We shall not pay for first aid to you or any other insured. 3. Damage to Property of Others. At your option, we shall pay up to $500 per accident for property dam- age to property of others caused by an insured. Cov- erage applies when an insured is not legally liable for the damage. Exclusions Applying To Coverage E— Personal Liability We do not cover: 1. Liability assumed under an unwritten contract or agreement, or under any contract or agreement relat- ing to a business of an Insured. 2. Property damage to property owned by an insured or any other resident of your household. 3. Property damage to non -owned property in the care, custody or control of an insured. We do cover such damage caused by Fire, Smoke or Explosion as covered in Section I of this policy. 4. Bodily Injury to any person, if an insured has or is required to have a policy providing workers' compen- sation, occupational disease or non -occupational dis- ability benefits covering the bodily injury. 5. Bodily injury to any resident of the household except a residence employee. 6. Bodily injury or property damage when an insured is covered under any nuclear energy liability policy. This exclusion applies even if the limits of that policy have been exhausted. 10 Applying To Coverage F— Medical Payments To Others We do not cover bodily injury: 1. To you or any resident of your household except a residence employee. . 2. To a residence employee olf the insured location and not in the course of employment by, an insured. 3. To any person eligible to receive benefits provided or mandated under any workers' comcensaticn, occu- pational disease or non -occupational cisatwity law. 4. From any nuclear hazard. Applying To Coverage E and F— Personal Liability and Medical Payments To Others We do not cover bodily injury or property damage 1. Arising out of business pursuits of an Insured. But we do cover: _ a. direct loss. from activities normally considered non -business. b. rental or holding for rental of a residence of yours: (1) on an occasional basis for sole use as a resi- dence. (2) in part, by no more than two roomers or board- ers for sole use as a residence. (3) in part, as an_ office, studio or private garage. c. part-time services performed directly by an insured under age 21 who is a resident of your household. "Part-time'' means no more than 20 hours per week. 2. Arising out of rendering or failure, to render busi- ness or professional services. 3. Arising as a result of intentional acts of an insured. 4. Arising out of a premises owned by or rented to an insured which is not an insured location. 5. Arising out of ownership, maintenance, use, load- ing or unloading of: a. aircraft. b. a motor vehicle owned or operated by or rented or loaned to an insured. c. watercraft: (1) owned or rented to an Insured if it has inboard or inboard-outdrive motor power of more than 50 horsepower. (2) owned or rented to an Insured if it is a sailing vessel 26 feet or more in length. (3) powered by one or more outboard motors of more than 25 total horsepower owned by an Insured. . Exclusion 5c does not apply while watercraft is stored. Exclusions 4, 5b and 5c do not apply to bodily Injury to a residence employee in.the course of employment by an Insured. 6. Caused directly or indirectly by war, including un- declared war, civil war, insurrection, rebellion, revolu- tion or warlike act by military personnel. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. Applying To Additional Coverages Under Damage to Property of Others we do not cover damage: 1. To property covered under Section I of this policy. 2. Purposely caused by an Insured 13 years of age or older. 3. To property owned by or rented to an insured, a tenant of an Insured, or any resident of your house- hold. 4. Arising out of: a. business pursuits b. any actor omission relating to a premises owned, rented or controlled by an Insured, other than the insured location. c. the ownership, maintenance or use of a motor vehicle, aircraft or watercraft. 11 Conditions 1. Limit of Liability. Our total liability under Coverage E for damages resulting from one accident will not exceed the limit shown in the Declarations. This limit applies regardless of the number of insureds, claims made or persons injured. Our total liability under Coverage F for all medical expenses for bodily Injury to one person resulting from one accident will not exceed the limit shown in the Declarations. 2. Separate Insurance. This insurance applies sepa- rately to each Insured. This condition does not in- crease our limit of liability for any one accident. . 3. Duties After Loss. In case of an accident the In- sured will perform the following duties: a. as soon as possible give written notice to us or our agent, stating: (1) the policy number.and name of Insured. (2) the time, place and, circumstances of the accident. (3) names and addresses of claimants and wit- nesses. b. promptly send us any legal papers received re- lating to a claim or suit. c. cooperate with and assist us in any matter relating to a claim or suit. d. under the coverage Damage to Property of Others, send us a sworn statement of loss within 60 days of the loss. -The Insured will also exhibit the damaged property if within the Insured's control. e. the Insured will not, except at the Insured's own cost, voluntarily make any payment, assume any obli- gation or incur any expense except First Aid Expenses at the time of the bodily injury. . . . 4. Duties of an Injured Person — Coverage F — Medical Payments to Others. The injured person or someone acting on behalf of the injured person will: a. as soon as possible give us written proof of claim, under oath if required. b. authorize us to obtain medical records and reports. The injured person will submit to physical examination by a doctor we choose as often as we reasonably require. 5. Payment of Claim — Coverage F — Medical Pay- ments to Others. Payment under this coverage is not an admission of liability by an insured or us. 6. Suit Against Us. We may not be sued unless there has been full compliance with the terms of this policy. No one has the right to make us .a party to a suit against an Insured. We may not be sued under Cover- age E — Personal Liability until the obligation of the Insured has been determined by final judgment or agreement signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insolven- cy of an Insured will not relieve us of our duties under this policy. 8. Other Insurance — Coverage E — Personal Lia- bility. This Insurance is excess over any other valid and collectible insurance. But If other Insurance Is spe- cifically written as excess coverage over this policy, the limit of this policy applies first. If other insurance is written by us, only the highest limit of any one policy applies to the loss. en' viMeg Tlia:+ n*ir.Ai Pnl 1. Entire Contract. This policy and the Declarations include all the agreements between you and us re- lating to this insurance. 2. Policy Period. This policy applies only to loss un- der Section I or bodily Injury or property damage under Section II which occurs during the policy period. 3. Concealment or Fraud. We do not cover an In- sured who has concealed or misrepresented any ma- terial fact or circumstance relating to this Insurance, before or after the loss. 4. Coverage Changes. If any coverage under this policy is broadened within 60 days prior to or during the policy period, this policy will immediately provide the broadened coverage. We may change this policy or replace it to conform to the coverage currently in use. The change or new policy will be delivered to you, or mailed to you at your mailing address shown in the Declarations at least 30 days before its effective date. If a premium adjustment is necessary, we will make the adjustment as of the effective date of the change. No other change or waiver in this policy is valid except by endorsement issued by us. 12 5. Cancellation. a. You may cancel this policy by: (1) returning it to us, or (2) notifying us in writing when cancellation Is to take effect b. We may cancel this policy only for reasons stated below. We shall notify you in writing when cancellation takes effect. This cancellation notice may be delivered to you; of mailed to you at your mailing address shown in the Declarations. The mailing of it will be sufficient proof of notice. Cancellation Reasons (1) Non-payment of premium, whether payable to us, our agent or under a finance or credit plan. We may cancel at any time by notify - Ing you at least 10 days before the date cancella- tion takes effect. (2) Any reason, when this policy has been in effect for less than 60 days and is not a renewal with us. We shall notify you at least 10 days before the date cancellation takes effect. When the policy period is longer than one year and this policy has been In effect for 60 days or more, we may cancel at annual anniversary date. We shall notify you at least 31 days before the cancellation takes effect. (3) Fraud, concealment, material misrepresentation of fact or substantial change in risk, when this policy has been In effect for 60 days or more or at any time if a renewal with us. We shall notify you at least 31 days before the date cancel- lation takes effect. c. Return of premium: (1) If you cancel this policy, we shall return the short rate unused share of the premium. (2) If we cancel this policy, we shall return the prorated unused share of the premium. (3) If the return premium is not refunded with the notice of cancellation or when this policy is re- turned to us, we shall refund it within a reasonable time after the date cancellation takes effect. 6. Non -Renewal. We may elect not to renew this policy. We may do so by delivering to you, or mailing to you at your mailing address shown in the Declara- tions, written notice at least 30 days before the ex- piration date of this policy. The mailing of it will be sufficient proof of notice. 7. Assignment. Your.interest in this policy may not be transferred to another without our written consent. If you should die, we cover: a. any member of your household who is an Insured at the time of your death, but only while a resident of the residence premises. b. your legal representative, but only with respect to your premises and property covered under the policy at the time of death. c. any person having proper custody of your Insured property until a legal representative is appointed. 8. Subrogation. An Insured may waive in writing be- fore a loss all rights of recovery against any person. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us. If we seek an assignment, an Insured will help us to secure these rights and do nothing to impair them. Subrogation does not apply under Section II to Medical Payments to Others or Damage to Property of Others. 9. Conflict of Terms. If there are terms of this policy which conflict with laws of the state where issued, the terms are amended to conform to such laws. 10. Policy Fees. (Applies only if policy is issued in Mid -Century Insurance Company.) If you pay a. Policy Fee it is fully earned when the policy is issued. It is not part of the premium. It is not returnable. However, you may apply it as a credit toward policy fees required for other insurance accepted by us. PPlicable OnlY7lf�Thlsa old a�l�lssue ikB gnegF e1insurra�ncteEx�han`g'e 0 13Farmers lnsucance Exchangel)x r This policy is made and accepted in consideration of your. premium payment to us. It is also in consideration of the power of attorney you signed as part of your application and the information you gave to us on your application. Some of your statements actually become a part of the policy which we call "The Declarations." When you signed the power of attorney authority on your application, you authorized the Underwriters Association to execute interinsurance policies between you and other subscribers. Nothing in this policy is intended, or shall be construed, to create either: 13 1. A partnership or mutual insurance association, 2. Any joint liability. We may sue or be sued in our own name, as though we were an individual, if necessary to enforce any claims which arise under this policy. In any suit against us, service of process shall be upon the Underwriters Association, Attorney -in -Fact. _ : Membership fees which you pay are not part of the premium. They are fully earned when you are granted membership and coverage is effective. They are not re- turnable. However, they may be applied as a credit to membership fees required of you for other insurance which we agree to write. We hold the Annual Meeting of the members of the Fire Insurance Exchange at our Home Office at Los Angeles, California, on the first Monday following the 15th day of March of each year at 10:00 a.m. If this policy is issued by the Farmers Insurance Exchange, we hold such meeting at the same place on the same day each year at 2:00 p.m. The Board of Governors may elect to change the time and place of the_ meeting. If they do so, you will be mailed a written or printed notice at your last known address at least ten (10) days before such a time.. Otherwise, no notice will be sent to you. . The Board of Governors shall be chosen by subscrib- ers from among yourselves. This will take place at the Annual Meeting or at any special meeting which is held for that purpose. The Board of Govemors_shalLhave full power and authority to establiih such rules and' regulations for our management as are not inconsist- ent with the subscriber's agreements. Your premium for this policy and all payment made for its continuance shall be payable to us at our Home Office or such location named by us in your premium invoice. The funds which you pay shall be placed to your credit on our records. They will be applied to the payment of your proportion of losses and expenses and to the establishment of reserves and general surplus. The Board of Governors or its Executive Committee has the authority to deposit, withdraw, invest, and reinvest such funds. You agree that any amount which the Board of Governors allocates to our surplus fund may be re- tained by us. Also, after provision is made for all of our liabilities, it may be applied to any purpose deemed proper and advantageous to you and other policyholders. This policy is non -assessable. If you live in a state shown below, this policy is sub- ject to the provisions applying to your state. Arizona Under Section I, Coverage D. the Fire Department Service Charge coverage is deleted. Under Section I, Condition 12, Suit Against Us, in case of a burglary or theft loss, the words 'One year" are changed to "two years". California Actual cash value means fair market value of the prop- erty at the time of loss. Under General Condition 6, Non -Renewal, the words "30 days" are changed to "45 days". Idaho General Condition 10, Policy Fees, and the fifth para- graph of the Reciprocal Provisions, are deleted and re- placed with the following: Membership or policy fees which you pay are part of the premium, but are fully earned when coverage is effective. They are not refundable (except as noted in a. and b. below), but may be applied as a credit to membership or policy fees required for other insurance accepted by us. a. If we cancel this policy during or at the end of the first policy period, we shall refund all mem- bership or policy fees. b. If you cancel this policy during or at the end of the first policy period because It does not agree with the application and is not as represented by the agent, we shall refund all membership or policy fees. Under General Condition 5, Cancellation, no notice of cancellation is valid unless we notify you at least 20 days before the date cancellation takes effect. Kansas Under Section I, Condition 12, Suit Against Us, the words 'One year" are changed to "five years". , Illinois If we issue this policy on a one-year continuing basis, we agree to renew the policy upon sending notice of renewal premium due. 14 Under General Condition 6, Non -Renewal, the follow- ing is added: After this policy has been in force or renewed for five years we may not non -renew unless: a. the policy was obtained by misrepresentation or fraud, or b. the risk has measurably increased since incep- tion, or c. we notify you at least 60 days before the ex- piration date. Michigan The policy period of the Declarations is amended to add the following: At each renewal date we shall provide you with any form changes affecting the coverages to be continued. Minnesota Under Section 1, Condition 12, Suit Against Us, the words 'One year" are changed to "two years". Missouri Under Section I, Condition 13, Our Options, is amended by adding the following with respect to partial loss caused by fire: In case of partial loss to covered property, at your option and subject to the applicable limit of insurance we shall: a. pay you the actual cost of the damage, or b. repair the damage so that your property. is re- turned to the same condition it was before the tire. - Under General Condition 5, Cancellation Reason (2), the words "10 days" are changed to "30 days". Under General Conditions the following is added: 11. Participating Clause. It is agreed that you are a member of the Company providing this insurance. You shall participate in the distribution of dividends as de- termined by the Board of Governors, subject to the provisions of law. !:!ontana ,order General Condition 5, Cancellation; with respect - :o a residence premises, no notice of cancellation is, valid unless we notify you at least 30 days before the date cancellation takes effect. 4ebraska Under Section I, Conditions, the following is added: B. Valuation Clause. When any building insured undei.Coverage A.and B is wholly destroyed by - fire, tornado, 'windstorm, lightning -:or explosion,- ----- the limit of insurance written -on such property will be taken conclusively to be the true value of the property, amount of loss and measure of dam- age. This clause does not apply if there is any criminal fault on the part of an Insured or an Insured's assignee. North Dakota In this policy and any form attached to it, coverage ends at 12:01 a.m. Standard Time on the day following the day of expiration. Under Section I, Condition 12, Suit Against Us, the words 'one year' are changed to "three years". Oklahoma Under Section I, Condition 3, Loss Settlement item b., the following is added: (3) roof surfacing. Section I, Condition 4, Value Protection Clause is deleted and replaced with the following: Value Protection Clause: At the end of each month during the policy period we shallincrease the limits of insurance applying to Coverage A. B, C and. D. The amount of increase will equal the percentage increase in costs as reported by the United States Department of Commerce Cost Index. At each renewal date (anniversary date of 3 -year poli- cies paid annually) we shall adjust the limits of insur- ance and premium charged to reflect the monthly changes. The new limitsof insurance will be shown on the annual premium notice. Oregon Under Section I, Condition 4, Value Protection Clause, the following is added: If the new limit does not suit your needs, any other limit may be used upon notice to.us if -it represents at . least 80% of the value -of the insured property.:., _: ...... Washington Under General Condition 5, Cancellation, item b is amended as follows: We may cancel this policy by mailing written notice to you, or your representative or any mortgagee named in the policy. Such notice will be mailed.to the last' address known by us. Under Cancellation Reason (2) the words "10 days" are changed to "20 days". Wisconsin Under Section II', Conditions, the time required for giv- ing written notice in item 3a. and written proof In item 4a. will be as soon as possible, but in no event less than 20 days. Wyoming Under Section I; Condition -12, Suit Against Us; the last,- sentence ast„sentence is changed to read: "Suit :must be brought -- within four years after the loss". Under Section I, Condition 14., Loss Payment, the words "60 days" are changed to "45 days". We have caused this policy to be signed by our President and Secretary. This policy shall not be at unless countersigned on the Declarations page by a duly authorized representative of the Company. ��j/ •�� President $enefary 15 PAUL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE Mr. Peter Klose OLUA Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 March 34 1980 AREA CODE 612 TELEPHONE 454.4224 Re: 27-00861, Patrick Eagan Park, City of Eagan, Dakota County Dear Mr. Klose: I am enclosing the land and water conservation fund billing data sheet for Patrick Eagan Park acquisition relating to the purchase of property from Thomas Rooney. I have referred to the schedule of responsibilities of the local unit after grant approval and find that all required forms have been submitted at this time, with the possible exception that in our file I find a Statement of Owner - Waiver of Right of Just Compensation which document was not used because the owner was paid the appraised value of the land. I find in a different file that we have regarding a different park acquisition a form simply referred to as Statement of Owner and I am wondering if this form should be completed and forwarded to you regarding the Rooney acquisition? I would appreciate your response to the above question and also as to whether any other items are yet to be completed by the City regarding this property acquisition. Sincerely, Kevin W. Eide skk enclosure 'fkGleCt min Phnnhio AyxwY ' Offhza of LOW si d'U A/filr[ Invoice Number X -W . f rks ad Rierestbn Orma section No. LAND AND WATER OONSERVATION FUND.BILLINa DATA SHEET A_ YrNoma PATRICK EAW PAHR • I t'stdeme tt` g Ealzall . L w: ,.J. / I hereby cerVy that the goods or materials covered by this claim hays been Inspected and teoek*d or the services that have been per t :, formed ars In. accordance with scifimtl peons and are Ih p►oper form, kited. amount, and quatky and .payment therefore Is hereby recommended. Moog "K."FAVA FF 1 11 1 1 1- 11 . 11 1 1 }�-. a •�81 yr F l i 1(I. Nv�f'�J} p gllrt,t:*d'A a ^3 a ��'Y#r �h�'3 qtr '+' •^%n�y' yS����`•i�� 5 � Yy j+'yFv�l +iZ 'kiz- S�j frtY �A ♦� / j�AF n S f • I • f l I / THOMAS J. ROONEY LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Stmt Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 March:4, 1980 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota Re: Thomas J. Rooney Sale to Eagan Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is a copy of the Rider which has been applied to our liability policy. Also enclosed is copy of the declarations page of the policy and the homeowner's policy itself. Yours very truly, SHEAR & ROONEY, LTD. THOMAS J. ROONEY TJR/br Enc. OFFICE OF LOCAL AND URBAN AFFAIRS MINNESOTA STATE PLANNING AGENCY s CAPITOL SQUARE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE (612) 296-0091 March 6, 1980 Kevin W. Eide Paul H. Hauge & Associates, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 RE: 27-00861„ Patrick--Eagam-Park~--- 27-01021@P, Coachman Oaks Park City of Eagan, Dakota County Dear Mr. Eide: Thank you for the recent billing documentation for the above projects. The salmon color billing sheets ("for both projects) need to be signed and dated by authorized participant. Please return to our office at your earliest convenience. Sincerely, Peter W. Klose, Project Officer Parks and Recreation Grants Section PWK:cak Enclosures AN EQUAL OPPORTUNITY EMPLOYER OO •UL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 88122 PAUL H..HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE March ll, 1980 TELEPHONE 464-4224 Mr. Peter W. Klose, Project Officer Parks and Recreation Grants Section Office of Local and Urban Planning Affairs Capitol Square Building St. Paul, MN 55101 Re: 27-00861, Patrick Eagan Park 27-01021 P, Coachman Oaks Park Dear Mr. Klose: I am enclosing the two billing sheets which, at the time I forwarded other LAWCON forms, were unsigned. I hope this completes our filings with your office. Sincerely, Kevin W. Eide skk enclosures 5/zw/Po PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS 0 C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 March 20, 1980 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55112 RE: Tom Rooney Survey Dear Mr. Hauge: I talked with Barb Schmidt and think I now understand what the concern has been and offer the following explanation of the work completed for consideration. Sketches and descriptions were prepared for the proposed park site, two 5 acre parcels north of the park and one 10 acre par- cel south of the park. The above work was completed in March, 1979. Our invoice for $150.00 was paid by Tom Rooney. A copy is enclosed for your information. Surveys of the above parcels were completed in June, 1979. Iron markers were placed as shown on the survey certificates. Prior to starting the surveys, an estimate of $450.00 to $650.00 for the work was made based on the property lines being free'and clear from brush and trees. The additional time was required to clear brush from the property lines so that measurements could be made and survey monuments placed. An invoice for the $899.00 was mailed has been received. CRW/jl Enclosure cc: Tom Rooney surveys and certificates in the amount of to Mr. Rooney. As to this date, no payment Very truly yours, C. R. WINDEN&�jASSOCIATES, INC. Charles R. Winden PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS C. A. WINDEN a ASSOCIATEGI INC. 11 LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, PIN 55102 RE: INVOICE NO. -.1841r FOR SURVEYING SERVICES RENDERED: April 12, 1979 Sketches and descriptions for parcels in West quarter of Southeast quarter of Section 22, Township 27, Range 23, Dakota County. $150.00 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN 1ST. PAUL), MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH AREA CODE 812 KEVIN W. EIDE March 24, 1980 TELEPHONE 454.4224 Mr. Peter W. Klose, Project Office Parks and Recreation Grants'Section Office of Local and Urban Affairs ' Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 Re: 27-00861, Patrick Eagan Park Dear Mr. Klose: I am enclosing a revised Statement of Just Compensation in the above matter for filing with your office. Please let me know if there are further requirements. Very truly yours, Paul H. Hauge skk enclosure STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions, of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of1x70 �pubb}ic law 91-646, just compensation in the amount of Eighty-five Thousand/�p'd4'8t" " ,5 00.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85.500.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,300.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of m rights under P.L. 91-646. Al CITY OF E CAN Thomas J. Rooney By: Leo Murphy, Ma r Dated: April 17, 1979 7 Attest: /�zlCI '/311° �- Alyce eke, City Clerk Dated: April 17, 1979 a 0 STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the Nest Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollars ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. .Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 Damage to the remainder None IMPROVEMENTS: Building None Other None Structures None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of my rights under P.L. 91-646. Thomas J. Rooney Dated: CITY Or EAGAN Leo Murphy, Mayor Attest: Alyce Bolke, City Clerk Dated: .10AUL H. HAUGE & ASSOCIATES, P.A.` ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 88122 PAUL H..HAUOE AREA CODE 612 BRADLEY SMITH March 28, 1980 TELEPHONE 466224 KEVIN W. EIDE Mr. Charles Winden C. R. Winden & Associates, Inc. 1381 Eustis St. St. Paul, MN 55108 Re: Patrick Eagan Park -- Tom Rooney Dear Chuck: I am enclosing Eagan's check in the sum of $487 covering Eagan's portion of the survey done for the Tom Rooney property last summer. It is my under- standing that Tom Rooney will forward you a check for the balance of $412 and that should then complete the bill that involves that property. Very truly yours, Paul H. Hauge skk enclosure PAIIL H. HAu E & ASSOCIATES, P. A. , ATTORNEYS AT LAW 9808 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 06122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE October 20, 1980 Mr. Ken Vraa, Park Director 3501 Coachman Road Eagan, MN 55122 Re: Caponi Fence - Patrick Eagan Park Dear Ken: AREA CODE 812 TELEPHOKE 484.4224 We have only been able to locate an unsigned, undated copy of a purchase agree- ment for park land from Mr. Caponi. The document does not mention the fence. Minutes of the June 12, 1972, Board of Supervisor's meeting contains a resolu- tion for a woven wire fence. However, a prior statement, in the minutes, indicated that no agreement had been reached with Mr. Caponi. A resolution was passed at the July 18, 1972 meeting whereby the City agreed to maintain the fence. We have no way of telling whether Mr. Caponi had a right to accept or reject the fence. Nor can we tell for sure what type of fence was agreed to. However, the resolutions do indicate that a woven wire fence was agreed to which the City would maintain. We also have a copy of a letter from Barb Schmidt to Mr. Caponi dated March 30, 1979, and signed by Mr. Caponi whereby it is agreed that the fence may vary across property lines. The letter also refers to an alleged agreement made November 6, 1978 regarding the fence. If you could locate a written agreement, we could give you a much more definite opinion but possibly Barbara Schmidt was referring to a verbal agreement between herself and Mr. Caponi. Very truly yours, Paul H. Hauge skk 0 0 MEMO TO: PAUL HAUGE, CITY ATTORNEY FROM: KEN VRAA, DIRECTOR OF PARKS $ RECREATION ti DATE: SEPTEMBER 22, 1980 % I RE: PATRICK EAGAN PARK - CAPONI FENCE / At the time the City purchased an additonal parcel of land from Tony Caponi for the expansion of Patrick Eagan Park, an agreement was made whereby the City would erect a fence between Caponi's remaining land and City park land. This fence was erected about a year ago by City crews. Apparently, Tony has not accepted the quality of the fence and has refused to accept the fence. Part of the agreement was that he would maintain the fence once installed, but because the fence does not meet his standards, he will not accept it and demands that the'City repair or install a suitable fence before he will agree to continue the maintenance on it as stipulated. I have been trying—to—review all the alternatives that the City might have in regards to this issue. One such alternative would be for the City to simply not do anything and be responsible for the maintenance of this fence rather than turning it over to Mr. Caponi as his responsibility to maintain. Would you check into the original purchase agreement and any subsequent agreement that might be in your files that would prohibit us from keeping control and of the maintenance of the fence. Would we be giving Caponi an opportunity to sue the City for not fulfilling its agreement to erect a fence that he can maintain or is there enough latitude that we can proceed as I have indicated? Perhaps you may want to give me a call on receipt of this memo so that I can clarify any of the issues that you may have. Thank you for,your cooperation. i/toz -4- G�J /7� /7y- el7—/ / F_ 07- 5 /75 - a � -I em -c' ? It was reported to the Board that iir. Tony Caponi was requestin3 that before any park improvemento be made on the proposed park site adjacent to his home appropriate fencinL be used to separate his property from the part:. It was pointed out that this had been discussed with !it. Caponi at the time of the negotiation for the purchase of his property for the proposed park but that no specific agreement as to the type of fencing had ;een agreed upon. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it !ias RESOLVED that before any development of this park site be done, a woven wire fence be installed to separate the park site from the remainder of Mr. Caponi's property, The Clerk presented a letter from Mr. Frank Haase, 1539 McCarthy Road, requesting water service to his property. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it was;PESOLVED that this request be referred to the Town Engineer for study and preparation of a preliminary report. Statements were received from Urban Planning and Design, Inc. in the amount of $3,650.00 for par:: development plans and from T. D. Chapman Construc- tion Company for Estimate #3, Improvement 84 in the amount of $46,717.11. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, the statements were approved for payment. There being no further business, on motion, the meeting was adjourned. Dated: June 12, 1972 -4- r Y ;johota County Housing Authority program and presented the Board with a sample cooperation agreement for the development of loci cost housing in the Eagan area. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was r' r.ESOLVED that the agreement be referred to the Town Attorney for examination and report, the matter to be placed on the lugust Board agenda for further con- sideration. Upon motion made by Chairman Rahn and seconded by Supervisor Uselmann it was RESOLVED that the off -sale 3.2 beer license for Country Club Markets be, and the same hereby in, approved for the coming year; and FURTHER RESOLVED thn.: the on -sale 3.2 beer license for the Pizza Hut be, and the same hereby in, . renewed for another year. Supervisor Rydrych presented a statement regarding the joint meeting of PSC-llAC held on July 17, 1972, and requested that the Board either adopt the statement as a resolution or in the form of a letter to be sent to I;AC, the l;etro Council and the St. Paul City Council. Upon motion made by Supervisor "ydrych and seconded by Supervisor Uselmann, it was RESOLVED that the statement as prepared and submitted by Supervisor rydrych, except for the last sentence thereof, be incorporated in•a letter to be prepared by the Clerk and submitted to IIAC, the l;etro Council, the St. Paul City Council, Mr. Borgelt and Fes Lane. Chairman Rahn stated that Dr. Al Hauser had offered his services as a member of the Hospital Committee if the Board wished to appoint him. Upon motion made by Supervisor Rydrych and seconded by Chairman rahn, it was RESOLVED that Dr. Al Hauser be, and he hereby is, appointed a member of the Hospital Committee to serve at the pleasure of the Board. Mr. Tom :.coney appeared on behalf of Tony Caponi with regard to the purchase of a portion of the Caponi property for pari; purposes and requested that the agreement- by the Board so to fencing betcyeen the Caponi property and i the portion of that property to be acquired for park purposes be sated in the r deed running from Caponi to the Toon. It was pointed out to Mr. Rooney that the Board had already adopted an appropriate resolution to the effect that a fence would be erected at such time as the park land would be developed and improved. Xr. r-ooney nonetheless requested that an additional mention in the resolution be made of the fact that the fence would be maintained once it was installed by the Toon. Upon motion made by Supervisor Uselmann and seconded by Chairman Eahn. it was RESOLVED that the former resolution of the Board indicating that the Town would erect a fence between the Caponi property retained and that deeded to the Town for part; purposes be clarified to the extent that the fence would not only be erected at the time of improvin.- the pari: land but would also thereafter be maintained by the Town. Upon motion made by Supervisor Uselmann and seconded by -^upervizor Rydrych, it was RESOLVED that the Chairman and Clerk be, and they h3reby are, authorized and directed to execute a contract for seal coating with Bit-uminoua Construction Company for the amount of $11,250 in the form presented. Upon motion made by Supervisor Uselmann and seconded by Chairman ^.ahn, it was RESOLVED that the contract with Northern Contracting Company for sewer and water laterals to serve Timbershores Third and rourth Additions and sewer lateral to serve Oak Chase Addition be, and the same hereby is, approved as pre- sented in the sum of $57,02:.55; and FURTHER RESOLVED that the Chairman and Clerk be, and they hereby are, authorized and directed to execute said contract in the form as presented. Upon motion made and seconded, it was PESOLVED that all bills as pre- sented be, and they hereby are, approved and ordered paid by the Clark pursuant to T.'arrants 00052 through #0008 and 41090 through #1104. Upon motion the meeting adjourned. Dated: July 18, 1972 -6- /79 -o7 -y .� • • A j TNOMAB HED;GER CITY ADMINISTRATORTHOMAS EGAN/ ALYCE BOLKE - MARK PARRAN TO CITY CLERK JAMES A. SMITH CITY OF EAGAN THEODORE WACNTEp e COVHCIYR /a. 9786 PILOT KNOB ROAD EAGAN. MINNESOTA _ 56122 PHONE 454-8100 March 30, 1979 Mr. Tony Caponi 1215 County Road 1130 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi : The City of Eagan entered into an agreement with ou on 11-6-78 concerning the construction of a fence separating he South line )County trick Eagan Park and the North line of your property lyin rthe Road #30. The City has commenced the construction of the fence and will complete it during 1979. This let ter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary.because of the extreme irregularity of the terrain and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED:_ l THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the.West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollnrs ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current .land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. .lust compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of my rights under P.L. 91-646. CITY OF EAGAN Thomas J. Rooney By: Leo Murphy, Mayor Dated: Attest: Alyce Bolke, City Clerk Dated: ' 1/C ��h�C �OM• ��i�'-EZ / �'�/1/-�l �G�t*.�e�w l�u�C Deal October 29, 1980 MEMO TO: CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS E RECREATION REASON: PATRICK EAGAN PARK - CAPONI FENCE ISSUE: Mr. Anthony Caponi contends that the City of Eagan has not fully completed its obligation to erect a suitable fence between his property and the property that was purchased from him by the City for Patrick Eagan Park. A wire fabric fence, installed in 1979, does not meet Mr. Caponi's standards. BACKGROUND: In the spring of 1972 the City of Eagan purchased approximately 10 acres of land from Mr. Anthony Caponi for park purposes. This parcel of land is Adjacent to Patrick Eagan Park in section'22 in the City of Eagan. Staff searched the files for the original purchase agreement to make a determination as to the City's agreement in this matter. However, a copy of the original purchase agree- ment pertaining to the purchase of the land.is unavailable. The City attorney has been able to locate an unsigned, undated copy of the purchase agreement for land from hh•. Caponi. This document does not mention the City's responsibility for erecting and/or maintaining a.fence. Minutes of the June 12, 1972 Board of Supervisors meeting does contain a resolution for a woven wire fence. A copy of the minutes of the June 12 meeting are attached. Also attached is a resolution, which was passed on July 18, 1972, whereby.the City agreed to maintain a fence. There is no specific indication that can be found which indicates what type of fence was agreed to, only that a woven wire fence which the City wouldmaintain. In an agreement dated 11-6-78 (copies attached)- an agreement was reached by the City with Mr. Caponi which would allow the City to install a fence on property along the common line. It was also agreed at that. time that after completion of the installation of the fence, the fence would become the property in terms of ownership, maintenance and future responsibilities and liabilities of that of March 30, 1979 also concerns construction of a Mr. Caponi. Another letter dated fence on the south line of Patrick Eagan Park and the north line of Mr. Caponi's property. The essence of this letter indicates that there is an understanding between he and the City that the exact.boundary line of the properties may not be defined by the fence, because of irregularities in the terrain. During the summer/fall of 1979, City park maintenance crews began the construction of a wire fence 5 foot high. This fence material consisted of treated cedar poles and channel iron support posts, and an 18 gauge wire fabric. Apparently, during the construction phase Mr. Caponi, complained about the fence and deemed the fence as"unsatisfactory." City staff met with Mr. Caponi in an effort to resolve the issue. Attached is a memo regarding a meeting held on November 1, 1979 in which Mr. Caponi, Mr. Lowery, Barb Schmidt, Jim McGuffee were in attendance. It's apparent from reviewing the memo the concerns regarding the fence. Also attached is a letter dated November 2, 1979 from Barb Schmidt to Mr. Caponi in regards to the resolution of the problem. Mr'. Caponi contends that the fence erected by the City is unaccepatable to him and violates "verbal agreements" that he had made with the City in regards to an accept- able fence. Mr. Caponi has indicated that the fence was to have been suitable for containing cattle within his property area as well as being defined as one that which is not climable. He has also objected to the fence because he will have to 29 maintain he fence, and it is to be installed in a qualitative manner before he t accepts the responsibility. City staff has tried to resolve the issue by looking at several alternatives.Several fence contractors have .been contacted in regards to repair and/or replacement of the existing fence fabric. Those people which have been contacted have indicated that the fence fabric which was utilized is difficult to work with in that type of terrain to achieve satisfactory results. one individual has indicated that the fence fabric itself, if tried to be tightened and straightened, would break while being stretched. Further, his recommendation is that the existing fence be removed and be replaced with a heavier chain link material. He indicate that he wou no e i ing to accept any type of repair or reconstruction job on.existing fence fabric. Second alternative for the City is to do nothing. There appears to be no agree- ments allowing for Mr. Caponi to either accept or reject the fence; the only agreement is for a woven wire fence. Mr. Caponi has indicated that he would instigate legal action if such a decision were reached and that he had received verbal agreements that the fence would be of a quality and acceptance which would meet his needs and purposes of maintaing cattle, etc. Alternative'3three; Staff has reviewed the cost of installation of a chain link fabric fence to be done by a contrac or. rice quotes have ranged from approxi- mately $3.75 to $4.25 per lineal foot. (The City has previously reached an agree- ment with Mr. Rooney for the purchase of additional park property. His purchase agreement states that the City wi-11 provide a fence within three years from date of purchase, similar to the quality and standards of that of Mr. Caponi's) Cost,. thrp,fore, of doing Mr. Caponi's and that of Mr. Rooney's would be approximately $ The last alternative would be for City crews to go back and try to re air the fence to meet RC aponi's expectations. This would require -We replacement of posts and restretching the wire fabric. As before, the fabric is such that it cannot be stretched without breakage. Consequently it appears that this alternative is not feasible and Mr. Caponi would still, perhaps, refuse to accept this fence un- less an extensive repair were implemented. Because of the irregular terrain, lack of proper fencing equipment, type of special construction, it is doubtful that City forces will achieve the results desired. SUMMARY: It appears that the City has agreed to install a fence bordering Mr. Caponi's and the City's property. There is an alleged agreement between the City and Mr. Caponi as to the standard the fence must achieve. The City has no way of telling whether Mr: Caponi had a right to accept or reject the fence once installed. Further, it appears that the existing fence is not of suitable strength to meet the objectives of Mr. Caponi nor does it appear possible to repair the existing fence fabric because of its lack of strength. City staff is seeking council direction in regards to this issue. 3 Eagan Board of Supervisors.-- June 12, 1972 It was reported to the Board that Hr. Tony Caponi was requestin., that before any park improvements be made on the proposes: park site adjacent to his home appropriate fencing Le used to separate his property from the park. It was pointed out that this had been,discussed with !it. Caponi at the time of the negotiation for the purchase of his property, for the proposed park but that no specific agreement as to the type of fencing hal een'agreed upon. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it ,as RESOLVED / that before any development of this park site be done, a woven wire fence be 1V/ installed to separate the park site from the remainder of Mr. Caponi'e property, Eagan Board of Supervisors -- July 18, 1972 Hr. Tom :'coney appeared on behalf of Tony Caponi with regard to the purchase of a portion of the Caponi property for park purposes and requested that the agreement by the Board as to fencing beween the Caponi property and the portion of that property to be acquired for perk purposes be stated in the deed running from Caponi to the Town. It was pointed out to 14r. roo6ey that the Loard had already adopted an appropriate resolution to the effect that t fence would be erected at such time at the park land would be developed and improved. 1::. ^.coney nonetheless requested that an additional mention in the resolution be made of the fact that the fence would be maintained once it was installed by✓ the Town. Upon uotion made by Supervisor Uselmann and seconded by Chairman nahn• it was RESOLVED thet the former resolution of the Board indicating that the Tom would erect a fence between the Caponi property retained and that deeded to the Town for park: purposes be clarified to the extent that the fence would not only be erected at the time of improvinZ the pail: land but would also thereafter be.maintained by the Taira. 0 above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. ' ~ ' Signed �/ witnessed W: l�....Jn'dA•� 'l�omo� d4xsc1caf� Signed Dated: //- G - 9B Ii THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. i LEO MURP.'. THOMAS HEDGE, Y1�OR CITY AO YIY IE TR AICA ALYCE BOLKE THOMAS EGAN CITY CLERK MARK PARRANTO JAMES A. SMITH CITY OF -EAGAN THEODORE WACHTER COUNCIL -i-a..9 j788 PILOT KNOB ROAD _ EAGAN. MINNESOTA - 00122 PHONE 484-8100 oy=i1 Gf I I FENCE AGREEMENT I, Anthony Caponi, fee title owner of property located at 1215 County Road 30; the north line of which is the south boundary of property owned by the City of Eagan and known as Patrick Eagan Park agree to i allow the City to install a fence on my property on this common line above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. ' ~ ' Signed �/ witnessed W: l�....Jn'dA•� 'l�omo� d4xsc1caf� Signed Dated: //- G - 9B Ii THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. THOMAS ELAN .Y AAw SANTO JAMESMES A SMITH THEODORE wACwT$F j_ cou..at r eu I� J ' Mr. Tony Caponi 1215 County Road 030 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi: CITY OF EAGAN 1700 PILOT KNOB ROAD EAGAN. MINNESOTA 16122 PHONE as. -MOS �x March 30, 1979 THOMAS MEOGES Em .0.�we+f.Tw ALYCE BOLKE CITY CI.C.w The City of Eagan entered into an agreement with yJOu on 11-6-78 j concerning the construction of a fence separating ,the South line of�Patrick Eagan Park and the North line of your property lyint aipr[hexJ sE County Road 030. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terrain and the location of certain vegetation, including.trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning .the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, --.1G EL. *1 ' n n c Barbara Schmidt BS:PHH:me APPROVED: AND GROWTH IN OUR COMMUNITY. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH 11-1-79 flet with Tony Caponi, Chuck Lowery, Barb Schmidt, Jim McGuffee Discussed problems with fence. Mr. Caponi: Fence is not satisfactory. - Wants minimum 6 inch diameter wooden posts. Wants fence on outside of wooden posts and braces on inside of fence to prevent climbing. Wants all posts higher than fence so wants all 7 foot posts replaced with 8 foot posts. Recommends going straight across ravine and using cattle gates rather than making square around it. All loose posts must be tightened, fence must be tight. Thinks correction would require removal of all posts and restreching of fence over longest.possible span Wants fence to keep people out not to keep animals out. If corrections are not made will not agree to assume future maintenance. Chuck Lowery: Fence is too loose. Posts are too short and odd sized. Questions that type of fence in that terrain Small trees should be cut so fence can be in straight line. Largertrees'nearby on either side should be cut when fence is taken down. Barb Schmidt: Agreed to evaluate cost and feasibility of correcting existing fence and cost of installation of chain link fence and possibility of reusing material elsewhere.(Tony had bid from Midwest for $3,000 for chain link, material only for fencing front) Existing fence could come apart when streched. Chain link .difficult to install for inexperienced crew a/c very heavy. Mr. Caponi prefers not to be involved in decision. Will write letter to Mr. Caponi explaining that fence is being evaluated. 7 EAf,AN PARK DEPARTITNf 3501 Coachman P.d. Eaoan, Minnesota 55122 November 2, 1979 Mr. Anthony Caponi 1215 County Rd. 30 Ewan, Minnesota S5123 Dear Mr. Caponi! The Eagan Park Department is in the process of exploring a variety 6f methoe.s nnk' r..nterials for sntisfacterily `encinp your Property line adjacent to Patrick Eapan Park. . Whey we arrive at a recommended solution we will cons+ilt with -you before taking action. We appreciate your co-operation and patience regarding this matter. Sincerely yours, Rarb Ichridt Eagan Park Director R Biological Services Program September, 1978 Fish & Wildlife Service U.S. Dept. of Interior "Impact of Water Level Changes on Woody Riparian and Wetland communities" Volume VI Plains Grassland Reaion SPECIES TOLERANCE LIST Definitions VerTrees which can withstand flooding for periods of two y toles or more growing seasons. :These species exhibit good adventitious or . secondary root growth during this period. Tolerant. Trees which can withstand flooding for most of one growing season. Some new root development can be expected during this period. ive le ry Intermedetween oneetonthreecies epmonthswhicdurringrthebgrowinguseason. Then9oot for perio systems of these plants will produce .few new roots or will be Borman during the flooded period. 9 Intolerant. Species which cannot withstand flooding for short periods (1 month or less).during their growing season. The root systems die during this period. (See section in Volume I on Tolerance Mechanisms for a more detailed explanation of flood tolerance). For a complete description of the following species' abilities to withstand changes in water level, refer to the next section, Species Response to Water Level Changes. Species Tolerance List Very tolerant: Fraxinus pennsylvanica green ash PopuZus deZtoides eastern cottonwood Salix nigra black willow Salix spp. willow Tnluran+- Acer negundo boxeZder A. rubrum red maple A. saccharinum silver maple Celtis occidentaZis hackberry Diospyros virginiana persimmon PZatanus occidentalis sycamore .QuercuA_macrocarpa bur oak UZmus aZata winged elm U. americana American elm Intermediatelv tolerant: Betula nigra river birch Carya ilZinoensis pecan Catalpa speciosa catalpa Gleditsia triacanthos honey locust Morus rubra mulberry Quercus shumardii Shumard oak Tilia americana basswood 10 Intolerant: Carya cordiformis JugZans nigra Juni erus virginiana ostrya virginiana Prunus serotina Quercus alba Q. marilandica Q. muehZenbergii Q. stelZata Q. velutina 41 bitternut hickory black walnut eastern redcedar hophornbeam black cherry white oak blackjack oak chinquapin oak post oak black oak MDD TO: BARB SCHMIDT, DIRECTOR OF PARKS & RECREATION PAUL HAUGE, CITY ATTORNEY FR0M: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 4, 1979 SUBJECT: DREXEL HEIGHTS TRAIL EASEMENT DEDICATION Recently, we have all met in regards to reviewing the Park Dedication and additional easement for trail purposes over the Drexel Heights Addition adjacent to Fish Lake. The concerns we were having were in regards the availability of sufficient dry land over which a trailway could be constructed as part of the Park Department's Trail Program. My brief research into this has indicated that when the Drexel Heights Addition was platted several years ago, sufficient park property was dedicated to.accamcdate a trail within the boundaries of the park property. However, since that time, the level of Fish Take has risen to the point where it is now encroaching upon private properties of those lots in Drexel Heights Addition. This rise in water level elevation has completely inundated, for all practical purposes, park property that was to be used for trail purposes. Subsequently, it is my understanding that recent negotiations with Mr. Ralph Wohlers has concluded with his agreement to dedicate an additional 15 foot easement across the back lot lines.of all those lots adjacent to Outlot A. (Lots 2, 3, 4, 5, 8, 9 & 10 of Block 3; and Lots 1, 2, 3 of Block 4) In comparing this 15 foot easement as it pertains to present water elevation and the anticipated proposed high water elevation controlled by a future outlet structure, it appears that this 15 foot additional trail easement will still continue to be submerged and unusable for trail purposes. Contact with Mr. Wohlers on December 27, 1978, indicated that the above referenced lots, with the exception of Lot 8, Block 3, are no longer under his control. Any additional easement acquisition would have to be done through negotiations with the individual private property owners. Because of the proposed future elevation of Fish Lake, additional easements required range from 20 to 50 feet across the rear property lines of the above referenced lots to acocamodate sufficient dry land for the construction of the trail. Therefore, it is reccnr ended that a 15 foot trail easement dedication, as agreed to by Mr. Wohlers, and submitted on November 22, 1978, should be recorded for future trail purposes should the elevation of the lake be adjusted in the future to accommodate the trail construction over such an easement. In the interim period, if the trail is desired to be constructed adjacent to Fish lake through the Drexel Heights Addition, easement acquisition procedure should be initiated in a timely manner. Therefore, it is a decision that the Park Department should make prior to any acquisition process or additional work as performed by the Engineering Department. r, 241 • a .161 my 4'-N!A 'Phomas A. Colbert, P.E. Director of Public Works DNR -8 0 STATE OF t NESOTA DEPARTMENT PHONE: 296-2549 Ms. Barbara Schmidt Parks Director City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Ms. Schmidt: 0 OF NATURAL RESOURCES January 12, 1979 File No 3522 Thank you for your recent letter informing me of _trail concerns you have.at Ft. Snelling State Park. It is unfortunate that you were not aware of our public meeting and did not have opportunity to attend and comment. The meeting you refer to on June 8, 1977, was not an official public hearing which requires in many cases individual notification. It was, in fact, a public information meeting as required by the Outdoor Recreation Act of 1975. With this type of meeting, as in the case of Ft. Snelling, we publicize through both local radio stations and news- papers to try to get a large audience. Unfortunately, no system is perfect in notification of all interested parties. I do, however, strongly advocate cooperation and coordination of our programs and projects with all concerned individuals, organi- zations and governmental units. You are right in stating that our agencies' plan for Ft. Snelling State Park and the recreation planning for the city of Eagan directly affect each other. We are currently in the process of preparing a,joint plan for the Minnesota Valley with the Federal Fish and Wildlife Service. The Ft. Snelling plan left some doors open for modification of the trail system if the Valley plan identifies a need to better coordinate the two units. To achieve this, we will again hold public meetings and we invite you to attend and contribute. Meanwhile, by copy of this letter, I will ask Mr. Don Davison, Director, Parks and Recreation, to investigate the possibility of making some interum modifications that would better satisfy your concerns. I will also request Mr. Jim Newland of our Planning Staff to make sure that the city of Eagan is notified of future meeting dates. Please contact me if I can be of further assistance. Yours trul� oseph N. Alexander Acting Commissioner JNA:WKP:mmr AN EQUAL OPPORTUNITY EMPLOYER cc: Don Davison, Director, Parks & Rec. C1 • f YZo.�x/� fc.��...� a� ��.c����tfm �2✓c:7o� rz� Cl 44)a4,zi ow ,tIU174 /a .rte .40 ccwd auy, c� U Oc�ccQ u7u Or W4ZA07? tea Moe Aum O�Y /:47,0f " 6h -Z�� laO • SCE. l ccmC&4z*c7rn u Le �ic� hcc t AY6 y1�1ay/reL CI�'.�d o r x073 Val (�u/z 551J:) rc6c�-4- e a)b-e��11 0 PHONE 454.8100 CITY OF EAGAN 3799 PILOT KNOB ROAD EAGAN, MINNESOTA 95122 January 26, 1979 Dear Jill, Becky, and Margaret I aat writing in response to your letter questioning the Eagan Park Departments' operation of skating rinks. You state that the lights are turned off when the temperature is belcw 30 degrees. This is not the case. Rather the houses are closed when the wind chill factor is minus 30 degrees below zero or lower. 'Ihi.s policy has been recarmended by the Eagan Advisory Park Com^lttee, a ten member group of citizens from throughout the carnunity, for the following reasons which relate primarily to safety. 1. A wind chill factor of minus 30 degrees or lower is in the range where there is great danger of freezing of exposed flesh. 2. Children who are too young to understand the signs or the dangers of frostbite may be dropped off at the rinks and left on their own. 3. The attendant who must put in long hours should not be expected to work in such severe cold. 4. Very few skaters are likely to be out in such weather and the money spent on opening the houses could be better spent where a larger number of participants can be benefited. An example would be extending the hours that the Rahn Park Building is open as a teen center. Your letter requests more hours for hockey players and others. Prior to the opening of this years' season the Eagan Park Department staff met with officers from the Eagan 'Hockey Boosters who nun the hockey program in your area and they were in agreement with our policy of closing in extreme cold weather. You also felt that we close the warming houses too early in the season. The houses are closed each year, generally in the middle of February, when the frequent thawsand the sun during the day cause dirt to show through the ice and create safety.problems. Flooding continues until it is no longer possible to maintain adequate ice. Fagan follows the same schedule as other metropolitan area park departments in this regard. -2 - Your letter states that the Rahn rinks were not flooded until after - Christmas. Actually flooding, of the Rahn rinks began before the end of November and has continued at the rate of 3-4 times a week to date. We have had a difficult winter so far in terms of sub zero weather but we are working overtime on weekends at this time in order to open as much as possible to take advantage of good weather. I hope when .you have read this letter you will have a better understanding of the work we are doing and the reasons for our policies. I will review your comments with the Park Committee at their next meeting. Sincerely yours, Barb Schmidt Park Director BS:jh cc: Leo Murphy, Mayor Thomas A. Egan, Council Member Mark Parranto, Council Member James A. Smith, Council Member Theodore Wachter, Council Member Myrel lundsten, Park Committee Chairperson 0 0 Memo To: Park Director, Schmidt From: Recreation Programmer, Peterson Re: Thoughts on use of Northview Park fields Date: January 16, 1979 Jim believes the fields will be ready for use by mid June though it may be later depending on what kind of spring we have. In any event, leagues that might be assigned those fields will have to begin elsewhere. The adult leagues we should schedule in there are: Monday: Eagan Women's Softball league; double headers Tuesday: Eagan Men's Recreational League; double headers Wednesday: Univac; double headers Thursday: Over 30's league; single headers Friday: Couples Kittenball League; double headers Would need one or two satellites there from mid June through mid or end of August. Tournament Requests: Saturday, Sunday type Tl�e following are thoughts on criteria to cover all possible users and the types of requests for service we might receive. Classification of Users Class One: CAA, Mend -Eagan, RAAA; No fees, perhaps a deposit though. Class Two: Eagan Adult Leagues; limited fees, deposit, trash, satellite Class Three: Individuals representing no league, Leagues not normally playing in Eagan, Eagan teams,or leagues bringing in outside teams; maximum fees. Types of Fees 1. $20.00 for extra service on satellites. 2. $100.00 deposit by Ind. & Leagues to cover possible damage; refunded if no damage occurs. Also people will not book the fields and then change their minds without telling us! 3. Some may request to be allowed to sell beer. a. Set fee and license requirements and procedure for obtaining license. (Brooklyn Center has a $45.00 license fee) 4. Trash pick up. a. Users arrange for own pick up. If trash not gone by 3:00 PM on Monday $25.00 deducted from deposit. b'. If we pick up the trash, charge $25.00 for the service. S. Fees for outsiders requesting use of the facility a. $25.00 per field per day (or higher) Not a refundable fee b. Additional fee of $15.00 per field if user requests fields to be dragged" late Saturday. (Jim is thinking of making a hand drag, screen so that in an emergency, or in the case of a tournament the fields can be hand dragged) . ' We should make our fee system in ordinance or other form for council action. This should be done in February , no later than mid March as it is not long after that when field requests begin flooding in, it may include week -end tournament requests. .I am particularly concerned about outside requests as the organizer can realize a $500.00 profit from a week -end tounament and we must be prepared to deal with that. w To: Mark Parranto Tom Colbert Tom Hedges Alyce Bolke Mark Parranto, Tom Colbert and Barb Schmidt met with Phil Popehn, Total Tree Co. Lumberjack Shack, and Roger Risbourg, Energy Company of Mid-America. Roger is new tenant of Kehne House along with Mr. and Mrs. Pat Charbonneau. Roger noted that house needs a lot of repair. Design is conducive to retrofitting with solar and other renewable resource energy conservative items (it is earth bermed on the north side -- has south facing windows). House has just about everything wrong with it from energy point of view -- all electric. Could become updated to today's market and become a showplace for City, County, schools, Vo -tech, open one day a week for tours, an example of how to conserve energy even in an older home. Could be done on phase plane,, because of budget limitations. This could be interim use for City. Preliminary list of suggested improvements: 1. Greenhouse 2. Double glase all windows, thermo shutters 3. Compost pile 4. Replace broken toilet with composting toilet which would provide fertilizer for shrubs and trees. 5. Weather stripping and caulking, etc. 6. Solar hot water heater. 7. Increase earth berm 8. Wind generator (windmill) 9. Install water saving devices, shower heads, aerators, toilet dam 10. Modify fireplace. 0 0 Could cut energy use by 75%. City staff expressed interest in seeing a cost estimate for the suggested improvements. City staff will investigate the architectural significance of the house to determine whether altering the exterior would have negative effects on it. Barb Schmidt was asked to determine the building's possible future uses as a park facility. Tom Colbert was asked to determine whether there are any major structural problems with the building. `_ STAT OF NIINNESMAL UFFICR OF IMF, UtIVERNIIH ALBERT H. QUIE ST. 13.iLl1L 551.5:3 GOVERNOR January 22, 1979 r Ms. Barbara Schmidt Park Director City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Ms. Schmidt: Thank you for writing me about your feelings on a DTIR policy. I am looking into this matter and will be back in touch with you as soon as possible. sincerely, ALBERT H. QUIE Governor AN EQUAL OPPORTUNITY EMPLOYER DNR -8 0 ltIEDEPARTMENT STATE OF NSOuz PHONE: 296-2270 Ms. Barbara Schmidt Parks Director City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Ms. Schmidt: 0 OF NATURAL RESOURCES January 24, 1979 File No. 3518 Thank you for your recent letter regarding concerns you have about trails at Ft. Snelling State Park. I have received a copy of Acting Commissioner Alexander's response to you discussing the same issue. I cannot concur more with Mr. Alexander's comments. I have discussed this problem with staff and we will be checking into the problem in more detail. If there is something we can reasonably do to alleviate the situation until the Minnesota Valley Plan is complete, we will make every attempt to do so.. Meanwhile, I would suggest that you get the city's trail plans together so we can review both existing facilities which you are now providing, and long-range plans that should be coordinated in the future. I fully agree with you in that both the City of Eagan and Ft. Snelling State Park directly impact each other. There is certainly a need and a responsibility of both levels of government to 'plan and provide facilities appropriate to its function and to coordinate with each other. If the city's park facilities and plans are appropriately taking care of local recreational needs, then the facilities provided in Ft. Snelling as a State Park should and can be a bonus rather than a'substitute to the local citizens. By copy of this letter, I will ask Mr. Bill Weir, our Regional Park Supervisor, to continue working with you to see what can be resolved. Please contact me if I can be of fur er ass's ata. S' cer ly you on D. avison, Director DDD:WKP:mmr AN EQUAL OPP(�jFTUNITY EMPLOYER cc: Bill Weir i�� ME:dO TO: CITY ADMI':ISTP?TOP. HEDGES FROM: PART DIRECTOR SCHMIDT DATE: JANUARY 31, 1979 SU?JECT: ITE': FOR 2-6-79 CIT'i CO0NCIL :•.EETIXG I learned today that a letter is on the wa- to th? Cit: inform_c:: us that our FY1979 grant application for purchase of ma`el;• 8 acres of park land in Section 9 (the Ca:-ercn, Coac:..a:: Oa':s, Bunker Hills etc. ne'ichberhood) has now been _ rv: :a-^, c'd for funjing consideration. We will be asked to submit a full applicc=ion b. Fahr ar 15, 19', or as socn thereafter is possible. iie rant award, i t -e application is funded, will be as follow: Lawcon Funds $51,500 State Funds 30,750 $92,250 Local Share 30,750 Total Project $123,000 The local share could possibly be provided from park site funds or from a sceciai levy for matching grant funds. I am rese3rc i-: c_ the previous cash contribution in this section and the estima_ed balance in the park site fund. It general'1:• takes cl,3se to one year to receive final approval of an application'so the local share would not be needed until 1980. If the City Council authorizes submission of a full application the following items will be required to be acted on by the Council. 1. A resolution authorizing the filing of the application and naming the project director. 2. A resolution approving the five year action plan for park acquisition and development. 3. Authorization of a policy statement regarding power and utility construction. 4. Authorization of signature of a civil rights assurance of compliance form. 17 Council Item Page Two Januar; 31, 1979 I hope to have most of these items available for sicnature by Tuesda-:• niaht's.meetinc. The five year action pian will reed tc be re.,iawed b} the Park Committee at their meeting February 8, 1919. Another requirement is an appraisal of the crcpertf to be purchased. I am requesting Council approval to _ncace the services of an appraiser for a fee not to exceed 5300 - $500. Action Reques=ed. 1. Authorization to submit full application. 2. Approval of related documents. 3. Authorization to hire appraiser. SPECIAL CITY COUNCIL MEETING MARCH 19, 1981 7:00 P.M. EAGAN CITY HALL I. ROLL CALL II. ADVISORY PARK COMMITTEE A. Bicycle Trails B. Development of Parks C. Park Dedication D. Advisory Parks & Recreation Committee Objectives E. Other III. OTHER 2 0 r • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR • Marcn 13, 1951 FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: JOINT CITY COUNCIL/PARKS AND RECREATION COMMITTEE MEETING Tom, I've met with the officers of the Advisory Committee to review agenda items/issues which the committee wishes to discuss; as follows: BICYCLE TRAILS: (1) General acceptance of the trails plan by the council. (2) Approach to the remainder of the trails. (3) Funding of the trails program. (4) Type of trails or minor collector. (5) Where do we go from here. DEVELOPMENT OF PARKS: (1) What do the Council members feel the community wants in terms of parks development. (2) Parks master plan. (3) Bond issue for parks development. PARK DEDICATION: (1) Discussion to focus on an annual review of cash dedication/ review of formula. ADVISORY PARKS AND RECREATION COMMITTEE OBJECTIVES: (1) Review of Council input/suggestions. OTHER: The Advisory Committee would like to keep the meeting as informal as possible to promote a good dialogue between the two groups. June 1981 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR ADVISORY PARKS AND RECREATION COMMITTEE FROM: MICHELLE CORDS, PRACTICUM STUDENT KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: BICYCLE TRAIL SURVEY Title: Survey of bike trail usage on the Highline Trail Purpose: The purpose of this survey is to determine the amount of, type of, and reasons for usage on the major bike trail extending from Nicols Road to Lexington Avenue; commonly referred to as the Highline Trail. The reason this site has been chosen is due to the extent of the system, as compared to the much shorter trails in the City of Eagan. In addition to determining numbers, this survey will also serve as an insight as to the users' opinion of the present trail and the system's future, whether users' bikes are registered, if illegal modes of transportation are being used, and what types of users are on the trail in terms of age, single or in groups, joggers, bikers, hikers, or other. It is the department's hunch one will be able to find consistency as to why people use the trails, and what neighborhoods most frequently use them. A survey of the type proposed is very timely, as the data gathered can be used for many purposes. One of the strong points about this survey is that it is designed to -be used in the future on a recurring basis. This is very instrumental in monitoring user trends; whether the trails are continually being more heavily used as the trail system expands. Another use for this survey is that the department will obtain some insight as to whether or not users will support the continued expansion of the city- wide trail system by participating at public meetings and/or special trail campaigns. Finally, this survey should provide the department with a substantial informa- tion base to support the continued funding of the bike trail system. Definition: For the purpose of this study, Bike Trail will be defined as those routes specifically designed for use by bicyclists, but also including other compatible uses like joggers and hikers. Null Hypothesis: There is no difference in the number of cyclists using the bike trail at a given time; and there is no difference in the objectives and opinions of those persons using the bike trail. Bicycle Trail Survey - Memo Page 2 Sources of Data: The department has selected three modes of data gathering: 1. Personal observations. 2. Personal interviews with users. 3. Photography Method: Observations, Interviews, $ Photography To carry out the survey, a staff person will be stationed at different locations along the trail, at various time periods. The intent is to cover a cross- section of a full week, with each user -day consisting of twelve hours, be- ginning at 8:00 A.M. and ending at 8:00 P.M. While on the trail, the surveyor will conduct three modes of data gathering. First of all, an observer's tally sheet will -be used to count numbers and ages of users, types of users, and groupings of users at a given location, at a given time segment. The second mode of data gathering will consist of direct interviews with users. Since it will be difficult to effectively interview every user observed, this mode will be conducted as time allows. The intent of the interview process is to gather input from the public about the Highline Trail. Types of information to be gathered include: A- Type of user yc ist,Fiiker, jogger, other Illegal users Registered bikes Single, couples, small groups, family Ages B= Neighborhood of user C- Why user is on the trail Recreational,transportation to destination area, alternative form of transportation. D- Does user like the trail and why E- What's user's perception about completing city-wide system Are users supporting the trail Will users participate in public meetings concerning the trails F- Further comments The final mode incorporated into the survey process, involves -taking photographs/ slides along the trail. Elements to be included are: 1. Signage 2. Access to schools and parks 3. Action shots of users 4. Scenery and vistas seen from the trail S. Variety of terrain 6. Problem areas on the trail Following, are exhibits of both the observer's tally and the interview question- naire to be used, along with a location map of the Highline Trail. OBSERVER'S TALLY SHEET Make a mark on all that apply) Totals CYCLIST JOGGER HIKER OTHER(specify) ILLEGAL MODE OF TRANSPORTATION (specify) REGISTERED BIKE Yes No SINGLE COUPLE SMALL GROUP FAMILY DATE: TIME: LOCATION: NO: Questionnaire: Age Male/Female_ Neighborhood where you live How often do you use the trail?_ Do you like the trail, if so why? Do you use the trail as a destination route to work, school, shopping, recreation, exercise? Do you support the trail system? Why? Would you be willing to participate in public meetings? How can the trail system be improved? If bike is not registered, tell user they can obtain one through the state. Do you have further comments? DATE: TIME: LOCATION: '1 ID A� 4 `� \li Cn($Tn10tF S\i /' CSLNrME_LA rF�1u+��s�Nmc[ �- ^L y0 °I'PrVP I' o�' eT .," ii ii a•/r: C,L C ' nd[C�M�R.n¢ t Ic Ice /� ° c• xoclrts.. `\✓\ .J` ..' 1 0 ¢ Cte gt a +_ E_� 'e r ° w•®,j� i l �,i" __ 4'i�i irvl[. jxoa. MVOONAL'(/.' C a n[W •� � '•' ,r� N / P ' � ej`�)' P cmx � .Nexo 'Ix. ®� ¢ � I.•` -•>i. t N°w , ti(c�_` \�Y. �iN°u1• P l I�9 LJ�Jlt91 ® o[t oR '" �,� �2— ��...L`[,:h _ .<.u.,ar• 3 000 _ .-_ a--b•—___.fit__ 4p N[ rl[— ,�..�s •.xm+r O•r�:'_r� 11 loR "..r nannn 'u H IRNFL N / ° 8 �V', /t[wyNe� ea r[6x�¢�-y`aldRxV//, i¢^ LL l; pO �(�Pd /P/i.Yi n (I.J V" > b rll f(`Cr l ➢� .�.J �s .�..', 1 I •�K,V {['f fdGdN 'S `, ¢ti r1 T{ ♦00D m C[OR 61Q TO Yl , rr g CIb��,kx 1�� I xxl �e`-� r4 ILJ/ 1¢��- l�~I xf ao u fY 1.. ¢ _ I RIocC� _ m / "y / > _ ° ° and WS L r� M00-'V� i F/VFR �I CS YS'Y'J""' 9 /p rOn ¢�l�x —G�. J /n I � _ .r .� a I-•- I� y „ _�?!f `° ; OY<a /41jL'• Rs X911&� !�'q:. / oR Q8 ow 9 wxU".I j �s^IT Q m 1 III \Iw &•__� / /I J ¢ . I it 1 I I ul not°• I iL - Y _ - _ __ __ a ne s 1' u��'Inr! .tY✓ ° �l�'y^aa eP�OG E.O.LA I oy \P�1 li B a1°i iJ: �� Y"j�,Ij `y aY _ o• dGFnfw n$ tea `� i1 40[F IRK �4 ,te� ,•.I °, i �i'j 9^: �1".'+„A° :; � �,. /' M [y,M1w'° I w 111 8 v,(nNd � 6✓.4 PI N-s.4[Y \ I't 4 Pl I,-Y[.SI:,M pP1 1. _s N BU/MIN L \V.. : IW° PI -u AVER r yY�% . r[xN Pr n. rnxV[Rs p N rl��fy z-F°P[vuo It 16-sonxu r 6 osR¢ IT r ie i Bike Survey - Memo Page 3 Results: The department spent a great deal of time on the Highline Trail during the latter part of April and the month of May. For the most part, the results are very positive, but in relation to numbers of users, it is felt many limiting variables must be considered as they reflect the data to a large extent. If these variables could be overcome, user figures would probably be much higher. Following, are the limiting variables to be accounted for: A. The survey was conducted in the spring of the year. Consequently, inclement weather played a major role in shaping the results. Many days were quite chilly and windy, thus decreasing the number of potential users who might use the trail. B. In conjunction with spring weather, it should be noted school is still in session, thus during school hours, numbers of users are greatly de- creased. Also evidence shows weekends and after school hours to be more heavily used, thus supporting this statement. C. Since only one staff person carried out the majority of the survey, it is inevitable all segments of the trail could not be monitored at one time, and since not every user rides the whole trail each time, many people were probably missed. D. All results were averaged according to time segments. Thus, days of inclement weather were averaged along with peak days; the outcome being lower averages than could be expected if all days were peak days. E. Some segments of the trail are more heavily used than others. Conse- quently, on days when the surveyor was stationed on "quiet" stretches of the trail, numbers were considerably less. F. During the survey process, it was observed many users pass along the same trail segment a number of times. The surveyor did not account for this each time the user passed. Rather, the user was only accounted for once. G. Trail users were only accounted for when they specifically used the Highline Trail. This means trail segments feeding into the trail or segments connecting schools directly to neighborhoods, were not tallied. H. Hours before 8:00 A.M. and after 8:00 P.M. were not surveyed. If those hours were included, especially during long summer days, numbers would probably increase the daily averages. Awareness of the above constraints is essential to the analysis of the data gathered. The survey figures are.only valid within theig yen circumstances. Later surveys may indicate higher results should some or all of the above variables be overcome. Following, is the synthesized data collected by the surveyor, along with necessary explanations where appropriate. Average Number of Trail Usersh hr. Average Week Day 8:00 AM 7.5 8:30 7.5 9:00 1.13 9:30 1.13 10:00 1.3 10:30 1.63 11:00 1.33 11:30 1.55 12:00 1.3 12:30 .85 1:00 .85 1:30 .85 2:00 .85 2:30 2.14 3:00 3.5 3:30 3.5 4:00 3.5 4:30 4.75 5:00 5.54 5:30 6.4 6:00 6.4 6:30 6.4 7:00 6.4 7:30 5.84 TOTAL 82.14 Average Weekend Day 8:00 AM .5 8:30 .5 9:00 3 9:30 3 10:00 3 10:30 3 11:00 5.25 11:30 5.25 12:00 5.25 12:30 5.25 1:00 5.5 1:30 5.5 2:00 5.5 2:30 5.5 3:00 6.4 3:30 6.4 4:00 6.4 4:30 6.4 5:00 6.4 5:30 6.4 6:00 7.25 6:30 7.25 7:00 7.25 7:30 7.25 TOTAL 123.4 PEAK USER TIMES: WEEK DAYS $ WEEKENDS/� hr. Weekdays Weekends----------------- M Bike Survey - Memo Page 4 Data shows the average weekday has approximately 82.14 users/day at one location, while the average weekend has. 123.4 users/day at one location. Thus, weekly projections would be: 82.14 x 5 days = 410.7 123.4 x 2 days = 246.8 657.5 users/week These figures reflect usage for the spring of the year. Summer projections would most likely reflect this formula: 123.4 x 7 = 863.8 users/wk. At one location The flow chart illustrates evidence of peak user times. on weekdays, it can be seen usage occurs before school and progressively increases during after school hours and into the evening. Weekends, on the other hand, indicate a progressive increase throughout the day. Reasons for the extremely different flows are primarily due to the presence of school and work hours occupying a major portion of each weekday vs. the extended periods.of free time characteristically seen on weekends. The total number of users observed in the survey process was 322. A breakdown of types of users follows: 21-M 13-F 9-M 3-F 4-M 69.M 2-F 31% -F 78 Cyclists Joggers Hikers Illegal 6 No. 231 38 49 3 (1 mini bike) % 72% 12% 15% 1% (2 horses) In terms of users with pets, tabulations were made to provide insight as to the percentage of users who walk their pets and whether or not pets are leashed while on the trail. Following are the results: Hikers 3300- were walking dogs Joggers 11% were jogging w/dogs Of those, 71% were not leashed. All were on leashes. Groupings of users indicate the followiu: Single Pair Small Group Family 112 52 18 14 Ages users were tallied by age groups as well as by sex. Data indicates the largest group falls between the ages of 11-20, followed by children under 11; although it can be seen all age groups were represented. In terms of sex, 69% of the users were males, while 31% of the users were females. .,..Lw. ..r 11 by ORP F Sez Under 11 11-20 21-30 31-40 41-50 Over 51 53-M 25 -M 82-M 20-F 28-M 25-F 21-M 13-F 9-M 3-F 4-M 69.M 2-F 31% -F 78 102 53 34 12 6 27.4% 1 35.8% 18.6% 11.9% 4.2% 2.1% Bike Survey - Memo Page 5 Of those users interviewed, 82% lived within one-half mile of the Highline Trail, while 1.5% lived within one mile, 6% within 2 miles, and 10.50" were from out of town. It can be expected,that the majority of users live with- in close proximity to the trail, as it is readily accessible. The interesting figure to note is the percentage of out-of-town users. More specifically, these users were from Burnsville and Rosemount. Of the cyclists interviewed, 87.5% did not have registered bicycles. Although it isnot mandatory to have a bicycle registered, staff did inform each user where they could go to get their bicycles registered by the State. Following, is a breakdown of how often users are on the trail. Dail 2+/wk 1/wk 1/2 wks. Less than every 2 wks. 26.3% 26.3% 14.5% 14.5% 18.4% It can be seen well over 50% use the trail moire than once a week. Conversely, many users interviewed were on the trail for the first time. Of those, all were pleased with the trail and said they would use it more often in the future. All users interviewed liked the trail and were very excited about the possibility of a city-wide system. 41% stated they would be willing to attend public meetings concerning the bicycle trail system if given proper notice. Reasons stated as to why users like the trail, include the following. 1- Off the road and away from traffic, thus adding to safety and limiting noise and congestion. 2- Natural setting with a variety of ecosystems. Is very scenic with beautiful vistas. 3- Wildlife observation and bird watching opportunities. 4- Smooth riding surface with interesting terrain. 5- Convenient and close to home, thus readily accessible to users within close proximity to the trail. 6- Accessibility to parks and schools. 0 ... nne fnr Mina the Trail Exercise 35% Recreation 40% School 21.6% Work Shopping 1.7% Church 1.7% Users indicated if the system were ex- panded, there would be more opportunities to use the trail system as a destination route for shopping and work. Also, extending the trail all the way to the zoo would make it more accessible to trail users. Improvements to the trail, as cited by users, includes the following. 1- Expand the trail system; especially a connection to the new zoo and on east side of Pilot Knob Road to the shopping center (PDQ). 2- Hilly terrain in much of the existing system. With further expansion, include some routes with more level terrain. 3- Consider a safety crossing on Pilot Knob Road. During summer school, mothers take turns patrolling the crossing. Suggested remedies by users: Bike Survey - Memo Page 6 Stop light or over pass. 4- Enforce horses and mini -bikes to keep them off trail. Surveyor observed 1 mini -bike and 2 horses while on the trail. 5- Correct or sign sharp turn at entrance to trail west of Thomas Lake Road. Further comments offered by users include: . 1- Installing park benches near Thomas Lake Park and at intervals along the trail as resting points. 2- Accessibility to snowmobiles. 3- Consider an exercise trail in conjunction with the bike trail. 4- Impressed with the trail and its natural setting. Conclusion: Based on the data gathered in the field, the department concludes the bicycle trail survey was a very timely study. Actual numbers were tallied to analyze the amount of usage at a given time, on a given day. The interview process involved user input which in turn generated valuable geographic information, users' perceptions concerning the trail, and suggested improvements. Further- more, the interview process was good public relations between users and parks department staff, as many questions concerning the trail and the parks system in general could be answered. This report is of great utility to the department, as it can be used as support material for the further expansion and funding of the trails system. Also, suggested improvements, enforcement, and/or added amenities to the trail, as cited by users, can be used as a guide to further trail design and mainte- nance practices. Recommendations: Should this survey be conducted in the future, it is recommended steps be taken to control some of the limiting variables this survey was faced with. For instance, a survey taken during the summer with more than one staff person on the trail at a given time., may yield much higher and more accurate results in terms of numbers. As an addition to this survey, it may prove worthwhile to conduct a Phase II approach to gain data as to why bicyclists, joggers, hikers, etc. do not' use the trail. This would be a more difficult task, but none the less, very timely. Recommendations for locating and conducting a survey of this type may include: 1- Identifying high biker -jogger -hiker routes within the,community other than the trail, as survey locations. 2- Consider shopping center locations. Note: As previously stated, photographs/slides were taken along the trail. These slides will be available upon request at the parks and recreation office. MEMO TO: ADVISORY PARKS AND RECREATION COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS A.ND RECREATION RE: COMPREHENSIVE MASTER PARKS PLAN Background: There has been general discussion by the committee and staff concerning the need for a City Parks Master Plan. This memo is in response to a request from the advisory committee to provide information regarding a master parks plan. This report is simply a brief overview of the process involved. At a later date, a detailed, supplementary report will be pro- vided upon demand. The term "master park plan" usually generates a variety of interpretations as to just exactly what a master plan is, its purpose, and its content. There is no exact definition that carries the same meaning for each indivi- dual. Nor is each master plan similar in the way it is prepared from community to community. Nevertheless, there are some commonalities that do exist in the process of each and every master plan. Following, is a brief outline of those basic factors homogeneous to a parks master plan. Master Plan Utility: A master plan evolves from an inventory and analysis of the community, and particulary from its existing parks system. The analysis is used as a starting point - the factual information that can be used as a statistical data base. Factors commonly under analysis are: A. Natural features such as water and wetlands, topography, woodlands, B. Sites of historical significance C. Population characteristics, such as current and projected populations, densities, composition, income, economic base within the community D. Transportation utilities and accessibility E. Inventory of existing park system, such as acreage, distribution, development, type of facilities, popu- lations served. The analysis will also look at quasi -public and private resources which have an impact on the park system and its future growth. 1. The utility of this type of information is highly apparent in master planning. For instance, a detailed inventory of existing parks, when matched against established national standards for parks, will indicate to the City existing deficiencies in the park system, thus providing a data base upon which improvements can be made to achieve the desired ratios of parks and facilities per given population. 2. To identify with greater accuracy each park's purpose and intent, the master plan is designed to identify the various parks by classification: playfields, tot lots, special facility, reserve area, conservation, etc. rather than utilizing the generic term of parks. 3. The master plan is a system plan. It seeks to integrate "individual parks" and open space of different characteristics into a "whole" integrated unit which seeks to capitalize on the advantages of each park's positive characteristic. This brings each park into a complete network of parks rather than to treat parks as individual units which have no relationship to each other. Links, such as trailway connections, may be addressed at the same time to illustrate how parks can become r% Comprehensive Alaster Pariks Plan - Memo Page 2 a true network. 4. The system -wide master plan addresses recreational opportunities in programming to insure the physical facilities are planned for adequately meet the desired level of programming required/and/or desired. 5. The master plan predicts future needs and will identify deficiencies in the existing and future deficiencies based on the City's rate of growth.. It will help to prioritize these needs, quantify them, and relate them in an orderly manner. As a prediction of the future, the study looks at such issues as zoning, growth factors, schools, existing policies, and public/private lands since future needs can only be projected, it is necessary such predictions be updated at least every 5 years to 'absorb any changes which may occur. 6. A master plan, although it is a document, is arop cess of involvement and input. Neighborhood groups, special interest groups, elected and appointed officials, and informational support data, can all provide input into the plan. The actual process of working on the master plan on a community -wide basis helps to more fully define it, its product, and its implementation. It is, thus, the responsibility of the professional consultant who prepares the master plan to be skilled at integrating these inputs into a plan which is in harmony "with" the community rather than "for" the community. 7. The.master plan is part of a workrp ogram and administrative tool for parks development. The "plan" portion is then followed by specific site plans which is then followed by detailed design and construction documents. The master plan is not a collection of individual "master plans" for each park, however many master plans may and do include concept or sketch plans for parks as a development guide. 8. The master plan may address trails, special use facilities (swimming pools, ice arena, auditorium), staffing pattern, ponding issues, and other park related matters of concern to the community, if it is the desire to have the plan do so. 9. In terms'of financing, a master plan is designed to establish priorities/ sequences of acquisition and development of park lands. Since funding is usually scarce, it is necessary to identify priority projects. Hand in hand with the prioritizing of finance, a master plan fulfills legal requirements upon which grants-in-aid programs fund parks acquisition and development projects. A master plan also aids in the justification of budget priorities and bond issues relating to parks. 10. Finally, a master plan avoids unrelated planning by other groups that may be unqualified; avoids duplicating and overlapping of facilities; and administration changes take place. Summary: Mater plans begin with an analysis of the community, its parks, and its growth patterns. This information is compared against established standards and existing policies of the City. Deficiencies currently in the system and future deficiencies are noted; then a planned approach to development to meet the needs and deficiencies of the system and recreational programs are established. The master plan can also include park related issues such as the need for special facilities. Comprehensive Diaster Parks Plan - Memo Page 3 The cost of a master plan for parks varies widely and is dependent upon the plan of involvement, the elements to be defined in the plan, the extent of "pre -plan" work staff/City can provide and other variables. Recent master parks plans completed for other communities have cost as low as $18,000. (this particular community, however, is a maturing community with fewer parks issues than Eagan would have) Other Master Plans have cost upwards of $30,000 to $35,000. The cost of any park plan is relative to the amount of data requested in the plan and the knowledge one obtains from ensuring an orderly, timely, and efficient growth to a parks system. Should the Advisory Committee members like additional information, staff will be happy to provide this. 1 DEED Minnesota Units= Individual Isijo Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( �) filed ( ) not required ;Certificate of Real Estate Value No. -45 uj _ 19�� County Auditor by STATE DEED TAX DUE. HEREON: $ EXEMPT Date: October 14 19 81 Blanks (1975) —MIIIeI-Davis Co, Minneapolis %reserved for recording FOR VALUABLE CONSIDERATION, ARNOLD A. CARLSON & ANNA C. CARLSON, husband & wife, owns in joint tenancy of an undivided 1/2 interest; and ROBERT S. TILSEN & JOYCE Grantor (S), TILSEN, husband & wife, owners in joint tenancy of an unk"'Ilffulk/2 interest, hereby convey (s) and warrant (s) to CITY OF EAGAN Grantee, a municipal corporation under the laws of Minnesota , real property in Dakota County, Minnesota, described as follows: Lot Eleven (11), Block Five (5), WILDERNESS RUN FOURTH ADDITION lif mere space is raa=rl, c^ntiri on b•ckl together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Exem�pt�om State Deed x Dakota County Treasurer Affix Deed Tax titutnp Mere STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this Pi of �� �`� ' '1981 by AUNam A_ CAR1SnN & ANNA C. CARLSON, husband and wife; and ROBERT S_ TI1.SF.N & JOYCE TILSEN. husband & wife Grantor (s). —..-..._-----,--- ------,------------- -- ----- - NOTARIAL STAMC OR SEAL (OROTH ER�1'17�F. OR-RANK)tAAX 1112M �;. SIGNATURE of PERSON TAKING ACKNOWLEDGMENT I:Oi.�ai lJ)t L: — N•INNS.OIA Tf� H•'+MSt'! COUN6, Tei Statements for the real Property awnbed In this inattvmmt Would -My commission oapin;a Alar. I6, 1996 be wnt to (include acme and adilm" oPGrantee): - ------ -- -- rHIS INSTRUMENT WAS DRAFTED BY (NAME ANOADDRESS): Kevin W. Eide PAUL H. HAUGE & ASSOCIATES, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 (612) 454-4224 CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 r1i C" 01;1 5 11J STATE OF MINNESOTA County of Dakota ss' Office of County Recorder This is to certify that the within instrument was filed for record in w this office Has 'ngs, on the, day of ` A. D. 19�/. a ',,IocM., and that the same wag duly recorded in Dakota County Records. IAmFe 1. FOUTCHIS Coun 'Recorder 9y Deputy MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIT. EAGAN, MINNESOTA I JULY 21, 1981 0C 1.163 A regular meeting of the Eagan City Council was held on Tuesday, July 21, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Councilmembers Parranto, Smith, Egan and Wachter. Mayor Blomquist arrived later in the meeting. Also present were City Engineer Rosene, City Administrator Hedges, City Public Works Director Colbert and City Attorney Hauge. AGENDA Vice -Mayor Smith temporarily chaired the meeting. Egan moved, Wachter seconded a motion to approve the agenda as distributed. All members voted yes. MINUTES—JULY 7, 1981 Egan moved, Parranto seconded the motion to delete wording on page five regarding Winkler/Jackson Addition concerning townhouse or R-3 use. All voted yes. Wachter then moved, Egan seconded the motion to approve the minutes as corrected with a revision on page five, Silver Bell Addition, No. 3, that the pylon sign would project no more than 24 feet above ground level and, No. 5, that the pylon sign would not be nearer than ten feet from any property or dividing line. All voted in favor. PARK AND RECREATION COMMITTEE Park and Recreation Director Ken Vraa was present. I. The Park Committee recommended the Council authorize advertisement for bids for approximately 50 trees for various parks in the City. Upon motion by Wachter, seconded Egan, it was Resolved to authorize the advertise- ment for bids to be opened on August 12, 1981, and consider the award of the bids at the August 18, 1981 regular City Council meeting for approximately 50 trees for City parks. All voted yes. 2. Wilderness Run 4th Addition Lot 11. An offer has been received by the Park Director from James Tilsen of Tilsen Homes offering to donate Lot 11 of Wilderness Run 4th Addition to the City for park purposes. Mr. Vraa recommended the lot be accepted with the understanding the City will pay for all current delinquent taxes and assessments. Parranto moved, Egan seconded the motion, all voted in favor, to accept the recommendation and to accept the dedication of the property. SIENNA CORPORATION Rod Hardy appeared on behalf of Sienna Corporation and outlined the L changes in the Dunn S Curry properties in the City. He indicated Dunn and Company will essentially handle the Blackhawk Park property, Jim -Bar Investment Company under James Curry will handle the Lexington South property, 1 PROPERTY TAX STATEMENT PAVARIF 1. 10111 PROPERTY IDENTIFICATION DIST I PLAT LOi 8lK CP; 10 84353 110 O5 8 ADDR: 1255 WILDERNESS RUN LIR W,5 EAGAN MN' .N pISF TXTMr - 55.123 1 %FS AAh NAME OF TAXPAYER PROPERTY ROMB71AM ARNOLD A & ANNA C CARLSON ALDF 1255 WILDERNESS RUN DR _ JAN. 2, Ino Duux. 1, nw EAGAN MN - - - -59 23 THOMAS V. NOVAK DAKOT COUNTY TREASURER GOVERNMENTCENTER F/O' ARNOLD A & ANNA C C:ARLSON I HASTINGS, MINN. 55033 To Find out if you are ennrled to a refund of parr of your property taxes, see the in(orat.GOn on he bad of thi, form. USE THESE AMOUNTS when you fill our your Prop.rry To. Refund Form M-IPR. 80. 50 1. Ouolit .,q Ta. Amount limited ro dwelling and up T. an 46. 76 acres (or 140 ,,.. of land .ad bulletin . if farm.) Laid 3. Stat. Heartwood Credit ' If rhf. box '. chaded, you moa delinquent taxa, and may not apply for The Property Tax.R.lunds. X YOUR ITEMIZED STATEMENT 3 STATE . 00 4 COUNTY 12. 11 5 TOWNSHIP OR CITY 10. 39 6 SCHOOL DISTRICT 32. 88 y OTHER TAXING DISTRICT 2 54 a. FISCAL DISPARITY , b. DEVELOPMENT DISTRICT ' 8 TAX BEFORE CREDITS 57. 42 9 CREDITS WHICH REDUCE YOUR TAX a. STALL SCHOOL AGRICULTURAL CREDIT It. TITLE II/JCC ASSESSMENT CREDIT ' c WETLAND CREDIT d. STATE PAID HOMESTEAD CREDIT 10 TAX AFTER CREDITS 57. 92 SPECIAL ASSESSMENTS 11 TOTAL (See dw.0 at Right) .90. 50 TOTAL AMOUNT 12 PAYABLE 1.38. 42 FIRST HALF INSTALLMENT 69.21 21 u ' SECOND HALF INSTALLMENT 6S 21 ESTIMATED MARKET VALUE 1,500 ASSESSED VALUE 600 #d *** DUPLICATE iFiF*** PROPERTY DESCRIPTION: SEC TOWN- ?Ct FOR TAX PURPOSE ONLY LOT BM * WILDERNESS RUN 4TFk A,DDIT11ON 111: r SPECIAL ASSESSMENTS ASSESSMENT AMOUNT 221 SEWER TRY. 16.60 341 WATER AREA 20.04 441 STM S TRK 44.46 m / '6790 10/22 81 138.42 1 6790 10122VBI 7.61 SPECIAL ASSESSMENT TOTAL (TO LINE 11J 80. 50 INTEREST INCLUDED IN ASSESSMENTS 46. 76 IINCOME TAX PURPOSE51 INSTRUCTION & TAX LAW INFORMATION 1. IMPORTANT PROPERTY TAX REFUND INFORMATION Here's information on how to get part of your property lax refunded this year -If you were a Minnesota resident In 1980 and you owned and lived in your home on January 2, 1981. - There are two refund programs -The Minnesota Homeowner and Renter Property Tax Refund and the Minnesota Special Pro. party Tax Refund. You may be eligible for one or both refunds. THE MINNESOTA HOMEOWNER AND RENTER PROPERTY TAX REFUND To find out ifyyou're ellgible, all you havle'to do is to follow the instructions that come with form M-1PR. Then, to get your re. fund fill out the form. Whether or not you're eligible depends on the size of your income and your properly tax. THE MINNESOTA SPECIAL PROPERTY TAX REFUND - This year only, there's a Special Property Tax Refund -up to $300-for,people whose property lazes have increased more than 10% this year. To be eligible, you must have been a Minnesota resident In both 1979 and 1980 and have owned and lived in the same home both on January 2, 1980 and January 2, 1981. The only wayy to determine for certain it your propperty tax has increased enough to make you eligible for the Special Property Tax'Refund Is to IIII out both sides of form M-1PR. Even it you find you're not eligible for the Homeowner and Renter Tax RE-' fund, fill out the Special Property Tax Refund form on the back of form M-1 PR anyway, because you may still be eligible for this I refund You may apply for either or both refunds at'any time after January 2, 1981, but no later than August 31, 1981. - You should find theyyellow form M-1 PR and ayellow Instruction booklet for form M-1 PR attached to the Insldeof your 1980 Min. nesota income tax Instructlodbooklet. Or, -You can gel them at most banks and ppostoffices or from the Minnesota Dept. of Revenue. Write: Minnesota Income Tax Forms, Room B•20, Centennial Building, St. Paul, Mn. 55145 or call 297.3737. 2. You now have the opportunity to appeal to the Tax Court It you believe the properly you own Is not correctly valued or •' classified. II you appeal'the valuation, classification or property lax on your properly, you have the choice of having -your case heard In regular Tax Court or having it heard Inlormally by a Tax Courl-ludge in the small claims division. In order to be entitled to appeal to the small claims division, you must have: (1) appealed your valuation or classification to your city or town board of equalization and to your county board of equalization in 1980 and (2) the tax must be on your home or the amount of the tax In dispute must be $2,500 or less. If you do nor meet the above qualifications, you can appeal only to the regular Tax Court. Appeals to the small claims division should be made to the clerk of the tax court In SI. Paul. A decision made In the small claims division is final and cannot be appealed. If you decide to appeal to the Tax Court, you have to file a petition before June 1, 1981 with the Clerk of the District Court Of the county that you live in. You can get the forms and information you need from the Clerk of the Tax Court In St, Paul. 3. IMPORTANT: IF THIS PROPERTY HAS BEEN SOLD NOTIFY AUDITOR'S OFFICE, DAKOTA COUNTY GOVERNMENT CENTER IN WRITING AS TO THE NAME,AND ADDRESS OF THE PURCHASER. 4. PENALTY LAW: HOMESTEAD PROPERTY It the first one-half is not paid on or before May 31st, the fallowing penalties attach: June3%, July;4%, August.5%, Septemben6%, October.7%, November, December, January.8%. - During November, If the second one-half Is not paid on or before October 31st, the following penalties attach: November.4%, December -6%, January.8%, After the first Monday In January -10%. NON—HOMESTEAD PROPERTY . The penalty is 4% higher for the unpaid first one-half tax than those slated above, for instance, the penalty during June S7%, etc. During November, if the second one half is not paid on or before October 31st, the following penalties attach; Novemben4%, December.8%, January-12%.,After the first Monday In January -14%. 5. The first one-half Installment must be paitl before the second one-half installment Is paid. 6. All tax receipts subject to cancellation by county treasurer for dishonor of negotiable paper offered In payment. 7. NOTICE: The County Treasurer does. nol,levy taxes, establish valuation or tax rates. S. If lax is less than $10.00 It must be paid in full by May 31st. If tax is $10.00 or more It must be paid In full or in equal In. stallments by May 31st and October 31st to avoid penalty. TAX RATES AVAILABLE ON REQUEST IMPORTANT — DO NOT SEND CASH. Remittance should be by Personal Chock or Express Money Order. payable to: THOMAS V. NOVAK, COUNTY TREASURER MAIL TO: DAKOTA COUNTY TREASURER I• GOVERNMENT CENTER • HASTINGS, MN 55033 Statement of Taxes Delinquent or Sold to the State — Thi. Slaimnem when %igned be die Counl> -1reu,arer becomes your rea•an. Auditors Office, Dakota County. Minn.. L11 �% 119 As I here y certify that there is now due the sum of 5 in full for the redemption of the following described property from taxes, cost, interest and penalty for [lie years below slated: NO. 60423 Examine - this statement carefully. Compare the description with that given in your deed ur contract. and see that it covers ),our properly. Received S in payment of -d Checks accepted only conditionally and receipt is void until check clears bank. nmty Treasurer 'puly County -Auditor I rl lam. _♦_ !..�� 4 ����■��©1■,11'-r �� /•�����■111,/�1' -� �� ■ ■.1■,111. -■-■ ��.11111 -.--■ ■.1■,111■-■-.-■ ■11111 -�--■ ■.1■,111■-■-■-■.11111 .■--■ ■,1■,111■-■-■-■.11111 ---- ■ ■.1■,111■ -■-■ -■ ■11111 -.-- ■ ■.1■,111■ -■-■ -■.11111 -5--■ ■.1■,111■-■-■-■.11111 -.--■ ■.1.,111■-■-■- ■11111 -.-- � ■.1■,111■ -■ �� �� ■11111 -.--■ ■.1■,111■-■-.-■ ■11111■ -.�-� ■.1■ 111■-■-■-■ ■11111■ Received S in payment of -d Checks accepted only conditionally and receipt is void until check clears bank. nmty Treasurer 'puly County -Auditor TimeI I I W, M 1LE YOU WERE OUT I p� of Phone ' k_'�� : Area Code Number Ezteaaloa TELEPHONED PLEAK CALLED TO SEE YOU WILLWANTS TO SEE YOUURGE RETURNED YOUR CALL eaeee 0 r�/� , -gL On -AMPAD - - 23-000 SOSoft i AO EFFICIENCYO 23-001 25OSS . DISPENSER BOX 0 PAUL H. HAuGE & As60CIATES, P.A. ATTORNEYS AT LAW DYOa SIBLEY MEMORIAL 14IONWAY EAGAN (ST. PAUL). MINNESOTA 66122 PAUL M. MAUDE BRADLEY SMITH KEVIN W. EIDE DAVID O. KILLER Mr. Jim Tilsen TILSEN BUILT HOMES 627. Snelling Avenue St. Paul, MN 55116 November 4, 1981 APIA CODE 612 TELEPHONE 464.4224 RE: Lot 11, Block 5, Wilderness Run 4th Addition Dear Mr. Tilsen: I am enclosing the Dakota County Abstract Company abstracting bill which I referred to in our recent phone conversation. I greatly appreciate your handling this matter. Sincerely, Kevin W. Eide skk enclosure ...osr.f..f�.�...�,:2VJI-!.�.. ���.F.'.-• T•..•T�.�PZ.r .. �... „ , i.. r. ._.. _ - .. , Oct.27,1981 Paul XHage 3908 ley Mem.Highway Bag . 55122 Balance Due As Of Dakota County Abstract Company 1250 WEST HIGHWAY 55, HASTINGS, MINNESOTA 55033 612-437-5600 MONTHLY STATEMENT Oct. 1,1981 CBZ8] PROPERTY TAX STATEMENT THOMAS V. NOVAK PAYABLE in 1981 PAYMENT COPY DAKOTA COUNTY TREASURER PROPERTY IDENTIFICATION DIST I PLAT LOT BILK GOVERNMENT CENTER F/o: ARNOLD A S ANNA C CARLSON I HASTINGS, MINN. 55033 i. 10.64353rN�E CR. 1255 WILDERNESS RUN ,DR ADDR: §• EAGAN MN Scalps, COI, 55123 ik 196 AACAYERD A E ANNA,,C CARLS0N AS01WILDERNESS RUN DR u mLA0. T. INR,R JU0.1. IMNNO ,.\ TWO REFUNDS AVAILABLE THIS YEAR i PLAT YOU MAY BE ELIGIBLE FOR ONE OR BOTH I BILK To find out if you are untitled to o refrad of pan of your property • tears, sec the information on the back of This fmm. 110 USE THESE AMOUNTS 8' when you fill out your Property Tae Refund Fond M -TPR: +s ' • 1. Ouolifyying Tom Amount dwelling and up IR tan I' cies (or lee a<ras of land and all., , +� buildings if farms 7. Slate Paid Homestead Crodil State • DELINQUENT TAXES ii 4. s' If this box is corded you owe delinquent sa.m and X may not apply for the Properly Tae Refunds. - YOUR ITEMIZED STATEMENT .00 3 STATE- 12.11 st 4 COUNTY s. 10.39 S TOWNSHIP OR CITY 32.88 6 SCHOOL DISTRICT - T OTHER TAXING DISTRICT 2.54 s' a. FISCAL DISPARITY ' It. DEVELOPMENT DISTRICT t. )Is 8 TAX BEFORE CREDITS - 57.92 F t' 9 CREDITS WHICH REDUCE YOUR TAX ` !, a. STATE SCHOOL AGRICULTURAL CRLDII It. TITLE II/3CC ASSESSMENT CREDIT " c. WETLAND CREDIT • d. STATE PAID HOMESTEAD CREDIT 10 TAX AFTER CREDITS 57.92 j I I SPECIAL ASSESSMENTS BO. SD TOTAL ISee detail ai RiRla TOTAL AMOUNT 138.42 17 PAYABLE 69.21 ' FIRST HALF INSTALLMENT 69.21_ " n SECOND HALF INSTALLMENT \V ESTIMATED MARKET VALUE 19500 A ESSED VALUE 600 PROPERTY DESCRIPTION SEC TOWN 20 _ FOR TAX PURPOSE ONLY LOT BLK Tv WILDERNESS RUN 4TH;ADIDITION :.III 5 SPECIAL ASSESSMENTS ASSESSMENT AMOUNT --SFHLK ME, 221 115*010 WATER AREA 341 20.04 STM S TRK 441, 44.46 1255 WILDERNESS RUN DR EAGAN MN- 55123 CODE: AAC - PROPERTY IDENTIFICATION DIST i PLAT I LOT I BILK 10 10 84353 110 05 8' 11981 TO AVOID PENALTY t. ST PAY ON OR BEFORE MAY 31, 1981 �J IST HALF TAX 69.21 PAYABLE TO: THOMAS V. NOVAK -DAKOTA COUNTY TREASURER .I 0 - COUNTER #0 - CASH NH 0 - MAIL T E PD PEN PD. ARNOLD A E ANNA C CARLSON 1255 WILDERNESS RUN OR EAGAN MN 55123 LOAN CODE: AAC PROPERTY IDENTIFICATION DIST I PLAT LOT 10 84353 110 05 8 1981 TO AVOID PENALTY ND PAY ON OR BEFORE OCT. 31, 1981 PF I 2ND HALF TAX 1 69.21 PAYABLE TO: THOMAS V. NOVAK SPECIAL ASSESSMENT DAKOTA COUNTY TREASURER TOTAL (70 LINE 11) 80.50 AN. TAX PD. INTEREST INCLUDED 46.76 [-7 IN ASSESSMENTS PD. - (INCOME IA% rURROSE51 SIN PEN B • ' Me 10 TOTAL MAKE ANZ 6ANGE IN'NAME AND ADDRESS • • ONLY IF DIFFERENT THAW NAME OF TAXPAYER NAME NAME r 1 NEW ADDRESS CITY STATE PAID BY RECD By MAKE ANY CHANGE IN NAME AND ADDRESS J ONLY IF DIFFERENT THAN NAME OF TAXPAYER NAME NAME NEW ADDRESS CITY STATE PAID BY RECD BY INSTRUCTION & TAX LAWIINFORMATION 1. IMPORTANT PROPERTY TAX REFUND INFORMATION Here's information on how to get part of your property lax refunded this year -If you were a Minnesota resident in 1980 and you owned and lived in your home 9n January 2, 198.1.y I 1 There are two refund programs -The Minnesota Hfomeowner and Renter Proplrly Tax Refuna and 4jmnesolsd Spacial Pro - party Tax Refund. You may be eligible for one or both refunds.' THE MINNESOTA HOMEOWNER AND RENTER PROPERTY TAX REFUND To,Ond %ui if you're eligible, all you have to do is to follow the instructions that come with form N-IPR. Then �1oo r)el your je- funa. sill o0t the form. Whether or not you're eligible depends on the size of your income and your property't'ak.' THE MINNESOTAISPECIAL PROPERTY TAX R&UNDI - ' This year only, there's a Sp ecio Property Tax been a Minn 4ota resident people whoa rep IO tends have Increased more than 10% chis year. To be January you must have been a Minnesota resident In both 1979 entl,7 0 �ndhave owned and lived in the same home both on January 2, 1960 and January 2, 1987. ' ( The only way to determine for certain It your property tax has increased enough to make yoe 61161ble for the Special Property Tax Refund is to IIII out both sides of farm M-1PR. Even It you find you're not eligible for the Homeowner and Renter Tax Re. fund, fill out the Special Property Tax Refund form on the back of form M-1 PR anyway, because you may still be eligible for this refund. You may apply for either or both refunds at any time after January 2, 1981, but no later than August 31, 1981. You should find the yellow form M-1PR and ayellow instruction booklet for form M-1 PR attached to the Insideof your 1960 Min. nesota Income tax Instruction booklet. Or, you can get them at most banks andppostofflces or from the Minnesota Dept. of Revenue. Write: Minnesota Income Tax Forms, Room B-20, Centennial Building, St. Paul, [.'n. 55145 or call 297-3737. g. 'Ydujnw hape thalo0popudity' tq=aPpeid to the 9-hy pourt if you believe the property you own Is not correctly valued or class) ea.II 11 If you appEa! the valuation, classification or property tax on your property, you have the choice of having your case heard In regular Tax Court or having It heard Informally by a Tax Court judge in the small claims ditrislop. j t , 7 J In order to be entitled to appeal to the small claims division, y must have: (1) appealed your valuation or classilication to your city or town board of equalization and to your county board o1equalization in 1980 and (2) the tax must be on your home or the amount of the tax in dispute must be $2,500 or less. If you do not meet the above qualifications, you can appeal only to the regular Tax Court. Appeals to the small claims division should be made to the clerk of the tax court in St. Paul. A decision made in the small claims division is final and canllol 6e a f ff ppealed. If you decide to appeal to the Tax Court, you have to file a petit on tiefore June 1, 1981 with the Clerk of the District Court of tha county that you live in. You can get the forms and Information you need from the Clerk of the Tax Court in St. Paul. 3, ;114P.0 TANTAFTHISPROPERTY HAS!BEEN SOLD NOTIFY AUDITOR'S OFFICE, DAKOTA COUNTY GOVERNMENT CENTER Y IN ENARATING AS 70 iH NAME AND ADDRESS OF. THE PURCHA*§ER. 4. PLTY LAW: 1 - l� 1 F' r i1 1 k b .. I L dOMESTEAD PROPERTY If the first one -hall is not paid on or before May 3151, the following penalties attach: June3`,5, July -4%, August -5%, September -6%, October -7%, November, December, January -8%. During November, if the second one-half is not paid on or before October 31st, the following penalties attach: Novemben4%, December -6%, January 8%, After the first Monday in January -1001b.' NON—HOMESTEAD PROPERTY The penalty is 4% higher for the unpaid first one -hall tax than those staled above, for Instance, the penalty during June Is 7%. etc. During November, if the second one-half is not paid on or before October 31st, the following penalties attach: November -4%, Decemben8°/ , January -12%. Alter the first Monday In January -14%. 5. The first one-half installment must be paid before the second one-half installment is paid. 6. All tax receipts subject to cancellation by county treasurer for dishonor of negotiable paper offered In payment. 7. NOTICE: The County Treasurer does not levy taxes, establish,valyallon or tax rales. 6. It tax Is less than S10.00 it must be paid in full by May 31st. If tax is $10.00 or more it must be paid in lull or In equal In. stallments by May 31st and October 31st to avoid penalty. TAX RATES AVAILABLE'ON REQUEST L •f — IMPORTANT — 00 NOT SEND CASH. Remittance should be by PemokalaCheck4r Express Money Order, payable to: .�,. THOMAS V. NOVAK, COUNTY TREASURER MAIL TO: DAKOTA COUNTY TREASURER GOVERNMENT CENTER HASTINGS, MN 55033 (6) TILSEN HOMES INC. Attn: Kevin Eide °�----'--- i Paul Hauge 3908 Sibley Memorial Highway Eagen ,Minnesota 55122 0 0 PAUL H. HAuGE & AssociATEs. P. A. ATTORNEYS AT LAW 3808 SIBLEY MEMORIAL HIGHWAY EAOAN (ST. PAUL). MINNESOTA 06122 PAUL H. HAUOE' BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER RICHARD J. KRAMBEER Mr. Ken Vraa Park Director 3501 Coachman Road Eagan, MN 55122 July 21, 1981 ARE4 CODE eft TELEPwONZ A94.4224 Re: Lot B, Wilderness Run Fifth Addition and Lot 11, Block 5, Wilderness Run Fourth Addition Dear Ken: The purpose of this letter is to state our recommendations regarding the City's acquisition of the two above described parcels. We have previously discussed the taxes outstanding against both parcels, however, I will restate this infor- mation for your records. 1. Lot B, Wilderness Run Fifth Addition. Delinquent taxes totaling $51.24, plus penalty and interest, for tax years 1975, 1979, and 1980. 1981 taxes in the sum of $28.96. There are no special assessments levied or pending against this propertywhich will be subject to tax forfeiture if the delinquent taxes are not paid during this tax year. 2. Lot 11, Block 5, Wilderness Run Fourth Addition. Delinquent taxes in the sum of $91.77 plus penalty and interest. 1981 taxes in the sum of $138.42 including $80.51 for special assessments. Special assessments exist against the property as follows: sanitary sewer trunk, balance $89.76; water area, balance owing of $106.66; and storm sewer trunk, balance owing of $208.92. If it is determined that it will be advisable to acquire one or both lots as proposed by Tilsen Homes, the authority obtained from the City Council should require that title to the property be conveyed by means of a Warranty Deed, excluding delinquent taxes and special assessments, and should also be subject to the provision of -an abstract to the property by the sellers. A judgment search has not been prepared against these properties as such a search would be premature without having fully identified the owners of the property. By means of conveyance through a Warranty Deed, the liability of Tilsen Homes for any judgments or liens which later appear will be insured. These requirements could also be included in a Purchase Agreement which could be executed by both parties prior to conveyance of the property. Mr. Vraa • • July 21, 1981 Page Two Finally, the abstract provided by Tilsen Homes should also include an up to date judgment and lien search against the property and the present owners. I have attempted to contact Mr. Jim Tilson regarding the conveyance of this property to discuss these conditions with him and have been unable to contact him at this point. I hope that I will be able to speak with him prior to the Council meeting. I hope that this information is of.assistance to you. Sincerely, Kevin W. Eide skk May 28, 1981 MEMO TO: PAUL HAUGE, CITY ATTORNEY FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PROPERTY DONATION Paul, Jim Tilsen of Tilsen Homes was into my office on Friday, May 22 with the intended purpose of donating two parcels of land to the City Parks and Recreation Department. Mr. Tilsen indicated that he is willing to donate these two parcels,to thyy_C�'ty for no charge provided that the City pays any remain' g'tax t and,speci"�s�n the two subject parcels and<f dealing wit title transfen.-' Attached is a plat showing the two parcels outlined in yellow which are under consideration. Lot B, the small triangular portion is in Wilderness Run 5th Addition. Its property identification number is District 10, Plat 84354, Lot 020, Block 00. This small triangular piece, as you can see abuts SCarlson Lane as well as existing park property. The second parcel is in Wilderness Run 4th Addition and is identified as District 10, Plat 84353, Lot 110, Block 058. This lot is adjacent to the McMonigal property and is also contingent to City park property. Before taking this to the Advisory Parks and Recreation Committee with a recommendation, I will need to know what the amount of taxes on these two parcels are and ec'als remaining. Further, I will need to know if there are any 'udgment >, li'ens7 or other constraints pending on the property or problems with the title. The next Parks Advisory meeting ^'i on T ursday, June 11th, so if I could have this information by Monday'; June 8 h for inclusion in the parks packet, I would appreciate it very much.` Thank you for your cooperation and assistance in this matter. g S�u r IJ Pglb kcj 13un, rs Ll lob.�b cwu,IS N(. 1�tts1 s aa3.8a 5i-CLA,n 5Z LJ- .•• J la 45.00 °` r to `�f O° 31' 27"'.v O 30 30 "' _ <n N O'2 56"W O' ` u h 32 1 Og5 Gq _� L 1 m m - _ �\ u0 00 _ O '' _ - N 10 ` CD j 3786 m 56 j 2,' ' .\ N' 00° 31' c 7' W tmO A / J. O J O N W r � 45.29 — nni O 5t}',�•C'( .) , r_ . _ - i - \0 2 Iq; 4 j0.l6 it l.•nn6.1.. / ani �, • �o I'o ^ p(ny w'u o1 -0 ;e,IV 7046'54•' �— 200.000 •: tiv •,r C t•+ tN Ita O U� ril. .4 I'l l UJ ' LIJ p d t't w ---- nl I- 1 '✓, _ N Oma. �Ic, �`'Ocl'` N. 3059'53 E� 06S.0 69 150.00 346.71 v 19_6.71 Ss•. � 120.00 0 ��N I/I \ by N C,, p ID i ro — w �„ O `2 v n y/,.(-' —li C� a 86.9: Ll, O D .T11/ 7C I/ / l ��, 0 0O - Z. w / N. 2° 58'2 W. m 0 to — 16974 p 0p D to NN0 O {rl W to N N O m O1 t° 14000 162 31 30 30 115.17 w 0 1 CIO l.6. , 1 .n 1;000 to 01"0 to w 0 1 O 00 o° 371 38'54" Cil N b°'H O• ' i —�_ 1.1� 1 E `1132. I' m Co 28' 20 Eadd lin=� 6, //- m m N ■ N n mt w ' V [° V• I 39.94 ('00024'23"W. � n O _ N t J- 1 " I I ,y O N 00° 24' 23' ,W' '1153 97 85 Qu 1 176 LANE e 45.00 ®_ ` SJ7.B3 r to Nm Jqo � O _ <n N O'2 56"W O 0 ® 1 Og5 Gq _� 1 m m - �\ u0 00 _ - N 10 ` CD j m m d.. p N 0 a m / tmO to N W r /p10� 5go t OS. °z02 — nni O E. L nElm , y p \0 2 Iq; 4 j0.l6 Io / O c ID 1, U n �1,. ^ p(ny w'u o1 -0 i 7046'54•' �— 200.000 •: tiv to E' tom. � .4 I'l o W ---- I- Oma. N. 3059'53 E� 06S.0 150.00 346.71 v 19_6.71 Ss•. � 120.00 0 ��N I/I \ by N C,, p ID i ro — w �„ `2 v n y/,.(-' —li C� a 86.9: Ll, O D .T11/ 7C I/ / l ��, 0 0O - Z. w / N. 2° 58'2 W. m 0 to — 16974 p 0p D to NN0 O {rl W to N N O m O1 14000 162 31 30 30 115.17 w 0 1 to 0 3000- 332_30 5 89° 36'(.)4"W , 1 _ to 01"0 to w 0 1 " 4500 09 38 .wa5jaeaa 99,84 45.00 " N 168 1- <n N O'2 56"W 1 m m _ - N 10 N N m m d.. p N 0 a m tmO to N W r I =.9torix_�i li_r1..�.�. �2?�•� .r'.....P ,9n.e.; �4�0 73 73y A, 3 July 1981 MEMO TO: ADVISORY PARKS AND RECREATION COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PROPOSED LAND GIFT/PURCHASE Mr. Jim Tilsen has discussed with the City staff the transfer of title to two parcels of land near Carlson Lake Park. (see attached map) Mr. Tilsen has indicated he would be willing to give title to the City if the City would pay the remaining taxes and necessary legal work involved in the title transfer. The property identified as Lot 11 is immediately adjacent to existing City park property on Dunrovin Lane. The lot has steep topography, sloping towards Carlson Lake, making the lot difficult for a single family home to be built on. For park purposes, the lot would provide for additional space and an opportunity to extend a possible future trail from the east edge of the lake to the south side. There are approximately $450.00 of special assessments remaining on the property. Taxes have apparently been paid through 1980. 1 a g ( The second parcel is small and has no significant value in term of parks. The parcel is immediately adjacent to existing park space. The taxes on this second parcel have not been paid for in the past seven years, and consequently it may become tax forfeited property in the near future. Review: The second parcel, because it may become forfeited, will then be made available to the City. Because of its limited use and value, it appears that this may happen, at which time the City could acquire the parcel at little cost. The first parcel - Lot 11 - has a higher value and potential for use within the park system. Its acquisition at this time would put the City one step closer to the completion of an eventual trail system. Acquisition through tax forfeiture, does not seem probable at this time and is a high risk if the property is found desirable and useful to the parks system. Action Required: To either approve or disapprove of the acquisition by gift and payment of remaining taxes on one or both of the land parcels. N '.,7 r W11, 1; 0 0, A u(,�' 31'27--w 31 05, 'P ".0 W11 69 D 176.59' 1VI c, CQrO ul T-49 wIN 60 313,54 'o NI N H 1119 Op 432 17 CA N 6028'20"p 11 188 N E 1 .0 0-4 5i783 a) fv O CD 113,3c 4'016 I,I110 96 ly 7 0�•54" E. 200.01) 394.8, ox'r to N 30 59'53' 346.71 OV lbo 00 �y 120.00 �3994 C) ;mv W N 20 5H 20-- 16974 C, M' w 00 -Z7 F1 0 5 00 176 7��7 14() 16� 31 30 30 115. w1 , ' 3009.- N Wo 24 23 A LAN - 0 C)----332.30 S .890 36' )53 §7 0 1 0 85.00 U9 1113 S." 9984 85.00 ,U D 169 t, c t' 0 0 W AGENDA ADVISORY PARK AND RECREATION COMMITTEE REGULAR MEETING EAGAN, MINNESOTA EAGAN CITY HALL SEPTEMBER 3, 1981 6:30 P.M. - PARKS TOUR* 7:30 P.M. - REGULAR MEETING I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIAINCE II. ADOPT AGENDA AND APPROVAL OF MINUTES OF' AUGUST 6, 1981 III. DEVELOPMENT PROPOSALS None IV. OLD BUSINESS None V. NEW BUSINESS None VI. OTHER BITSINESS/REPORTS a. Council Action - Parks Dedications b. Minutes of Study Committee for Parks Master Plan of August.19: Establish date for next meeting. C. Northview Athletic Field d. Donation VII. ADJOURNMENT * The Committee was tour City parks beginning at 6:30 p.m. The regular meeting will begin at 7:30 p.m. . _:1 COTTREHENSIVE PARK PLAN MEETING Present: Martin Thurston Mas in Carroll Vraa Presenters: Mr. Fred Hoisington Mr. John k'orrall of Brauer & Associates # 2 August 19, 1981 The director explained that Fred Hoisington and John Worrall were present by invitation extended on behalf of the committee to explain to members of the committee the process by which a master parks plan might be developed, its content, and its importance to a developing municipal park system. Mr. Hoisington indicated the importance that consultants and members of the community recognize the difference between communities, and that the needs are entirely different from City to City. Because of this, it's important to specifically design a process and plan content for each community even though each vaster plan may have the same elements included. In dis- tinguishing between the existing city comp plan which deals with parks and that of'a master plan he indicated that the comp plan tends to deal with parks as one dimensional, in a "passive" type of document. As such, it is not intended to take active posture for park. The comp plan is intended torespond, while a master plan is active and a specific document which hopes to achieve. The master plan goes beyond that of a comp plan as it indicates what goes first, what type of facility goes into the park, and how it relates to other park elements. It also expresses a concern for those people that are here now and yet to come. In the process of a master plan, the plan first seeks to identify the opportunities that exist in the community, and to quantify and qualify needs as it relates to a park system. Do you know what your needs are, how much and how many? It's important to develop an overall concept of parks and the features of a system. It's important to relate design with an ideal, meaningful "whole" rather than a park at a time. Because it (master Plan) is an interrelated system there is a body of policy that will carry ahead to the next generation of committee,'council, and adminis- tration, so there is not a loss of consistency in the overall system. Thi�consistencv is important as the body of document becomes a base fine in which parks planning and development can continue. As such it can resist the special interest groups whose needs may be\important but have less priority than the overall objectives of the parks system. It tends to be an "objective" document rather than to rely on immediate, emotional 1 Comprehensive Park Plan Meeting �.Q Page 2 needs as they may come up from time to time. The master plan would include time -lines and a period in which development is to suppose to happen with short term and long term goals for the future of the community and the population yet to come. The master plan is a benefit because people have the benefit of knowing, and the ability to make informed decisions by public, staff and officials as it relates to their relationship to a parks system. In effect it acts as a "text- book" and knowledge as a reference.source. The master parks plan will.help in that you can get what you need for parks dedication. To make sure it "fits" into the system and not just because it is there and available to the community. Mr. Hoisington indicated that the master plan process usually consists of a five step sequence. First data collection, followed by public participation, needs identification, plan formulation and then the .final plan documentation. There are numerous headings under each category and the five step process could be expanded if it were so desired. Cenerally this is not necessary. These five steps can cover any kind of master plan or parks plan process, and the divisions of responsibility can generally vary under each of these steps. Mr. Hoisington indi- cated that perhaps the biggest departure in the approach used by Brauer and Associates is the fact that public participation has become a integral part of the plan very early in its process. Mr. Hoisington went on to explain in greater detail each of the five process steps. Under data collection he indicated that this is really an inventory in review of existing features to find out what areas conflict and what .are supportive. Things need to be taken advantage of or may present themselves as an obstacle for further parks system. Distinct programs and policies are reviewed, historical features, land use, housing and housing density, population changes, etc.,etc. Mr. Hoisington explained that the second step, of public partici- pation, was one of interaction of City officials, special interest groups as well as selected and interested people who wish to participate in_the process. It is important for public partici- pation process as it.helps to establish what the direction of the community should be as it relates to its narks system. Is the community "interested in a balanced system which incorporates all aspects of a parks system or should the direction be toward one particular segment of parks needs?" This public participation process would help to define what the direction of the plan should be and the focus of park dedication. Following the inter- active process a report is issued with the objectives of what the future parks system should be like. Mr. Hoisington indicated if there were concern that people aren't interested in the park system the committee would be quickly surprised at how people will come out in support of parks once they are into an inter- active role with people who want results and see things happen. Comprehensive Park Plan Meeting ;2 Page 3 In response to a question Mr. Hoisington indicated that in bringing individuals into an active role, some background in- formation has to be supplied to the individuals in order to allow them to understand the realities and the current status of the parks.system. He explained that people, in an inter- active role share ideas and are not able to espouse only one singular thought and dominate a meeting so the individuals singular priority becomes the priority of the City as a whole. It's a sharing and exchange of ideas. Mr. Hoisington indicated that an alternative to the public participation process would be that a survey could be developed by telephone or otherwise. The difference is that people in a survey can only reflect their own thoughts with no opportunity to interact and see the other view points and other needs from neighbors around them. The next step is the needs identification where assumptions about the .future is made, what types of people will be moving into the community, projections as to what their recreational values are, how manv, how soon,'how you build for it. He ex- plained that the comp plan already has gone to a great detail in the development of its standards and classifications, but that it needs to have more life and to have more meaning. A more specific definition as to what a neighborhood park is. "Should it become an- active or a passive facility, or are there other different types of neighborhood facilities?" Consequently these needs and standards need to be refined, enhanced and be identifiable to those who are to read it. The fourth step of this plan is formularization and concept development that fulfill the needs and the standards of the community; with a public form so there is an opportunity to review, react and change that concept plan. Finally, after this review and adoption, there is the fifth step which is the final plan, which is simply the consolidation of all the work that has gone on prior to this point. It's the design, completion and printing of it in its entirety. Mr. Hoisington went on to explain what the work load might be, and what responsibility could be shared in each of these processes. He indicated that the staff could do a substantial amount of the work .if it has time to complete it. It's important to a timely process to understand how much time is available and the work that would be involved before a decision is made as to who and how this work will- be done. The consultant must be consulted to organize the information that staff and volunteers might have to put together to assure then they get the information that it will need to perform the analysis. He felt that it was important that the consultant organize the public informational process to insure that there is a good interaction as questions are answered and all perspectives are shared fairly. He indi- cated that volunteers and staff could select and make sure that people got there. Following the analysis of the meeting, committee members and staff could prepare the objective statements with Comprehensive Park Plan Meeting #2 Page 4 minimal help from the consulting firm if it was felt desirable. He indicated that this could be a time consuming process and that there must be at least good interaction between the two. In terms of reproductions and distribution again this could be held by the community and staff as well as by the consulting firm. . He concluded: by saying that the consultant has the knowledge to and must be responsible for the nverall scheduling he has the design capability for conceptdrawings and the final plan formu- lation for the master plan. John Worrall explained the contents of the master plan illumi- nating on the current work that the City of Plymouth is doing in regards to their master plan. In response to a question, he indicated that Brauer and Associates have begun working with the City of Plymouth in.April of this year and hopes to complete the plan by November of this year. He indicated that in Plymouth there were six tasks or processes that the parks commission in Plymouth had decided it would follow. He indicated at this time that they had completed three steps and was nearly finished with the fourth phase. Again, in response to a question he indicated that the committee met frequently in'special sessions to deal with the master plan as well as taking some time in its regularly scheduled meetings to work on the process. The first task the City of Plymouth was to complete was the objectives of the city plan and the master parks plan. What was the City trying to do? A body of policy was developed in regards to: preservation of a.certain park areas, acquisition and development of park areas in established portions of the community. Second was the documentation and an inventory, why the community is the way it is at this time and what opportuni- ties still existed. The third phase was the needs identification and understanding of definitions of what the system requires to fill the objectives, needs and policies previously identified. Fourth phase, and the one the community is currently working on, is the plan of the future parks and the criteria for -obtaining what has been established as its needs. He -indicated that the consultant has helped develop a criteria for establishing the priorities, in a sense a "sorting -system' to determine.the essential items that were important to the system. John further indicated that priorities were broken down by categories as well. Priorities for acquisition, priorities for development, and in the case of Plymouth priorities for redevelopment of some existing facilities. Once the priorities were established a C.I.P. is to be established. The C.I.P. is based on population or a threshold which are to trigger development a specific aspect of the plan, included in the potential C.I.P. is a projection of revenue sources as well as other funding sources which would be available to enact a master parks plana A series of questions regarding various aspects of a master parks plan per- taining to involvement of community, selection process of a consultant, amount of time required to complete a master plan, when and how to revise the master plan to keep it current with changing times. After other general questions and discussion the meeting was concluded. Comprehensive Park Plan Meeting #2 Page 5 Next Meeting: Week of 7th,.time, date, place to be established at parks meeting of September 3. Potential Agenda.Items: 1. Review of presentation by Brauer & Associates. 2. "Where to go next?" 3. .Review of master plans done for other communities. 4. Discussion of Eagan .Parks system needs. August 26, 1981 MEMO TO: PARKS MASTER. PLAN STUDY COMMITTEE FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: PRELIMINARY LIST; SYSTEM! NEEDS I've taken the liberty of preparing for discussion by the study committee, a preliminary listing of issues that the City of Eagan may wish to address 'rio�r to the plan, in a master plan, or in the process of developing a master plan This is ylal d a preliminary and requires revisement, additioniscussion, an revel iew before it could act as a basis for master parks plan. I.would hope that at a future meeting of the study committee, each item could be elaborated on in some detail. 1. Need to pull together existing park policies and practices. And, in some instances prepare or be able to respond and give direction on a number of issues that should be in the planning of a park system; ie. what is the Citv park policies as it relates to "boat access" and the use of City .lakes? Does the City take aggressive steps or passive approval in allowing/not allowing lake usage? 2. What are the recreational objectives of the community? Should the City seek to provide a balanced approach to recreational activities - arts, athletics, enrich- ment programs, passive interest - or is it singular in scope? 3. Special use facilities: Pools, ice arena, nature center, rifle range, community picnic. 4. Review types and uses of parks: definitions that can accurately de$cribe to the reader how that park will materialize once developed; and how it could be used. S. Relate school district(s) plans for development as it would impact the parks system. What impact on the City will the development of a high school have on parks systems needs? What about new elementary schools? 6. Horse trails/snowmobile trails? 7. Impact of county and regional park facilities on system plan? 8. Need to develop overall system wide priorities for: Neighborhood Park Development/Re-development. Community Park Development. Special Use Facilities Acquisition And "threshold" levels for enactment. 9. Review existing park service areas. Utilizing these service areas, develop "park sections" for community study. erellminar: LLSL; JVSLEI[1 ::ccQ5 - 15�i.'IU Page 2 10. With park definitions; develop intensity levels of use and corresponding levels of maintenance required. 11. Review tennis courts, hockey rinks and need for lighted facilities. 12. Review water based recreation resources: Fish Lake McCarthv Thomas Lake Carlson Lake Blackhawk Bur Oak 13. With City staff,. develop a methodology for which a master plan can efficiently be_reviewed and updated. 14. Perform site analysis for "undeveloped" park areas; develop concept plans for: .Rahn Carlson Lake Capricorn/Wedgewood Lakeside South Oaks Cinnamon Ridge Windcrest Windtree Coachman Others 15. Site analysis of existing park currently "developed"; revision for improvements: Evergreen Woodhaven Lexington Northview Highview Oak Chase Country Home Heights Well Site River Hills Pilot Knob Cedar Pond Others 16. Review existing P.U. Developments for proposed park land dedications. 17. After analysis, define specific relationships and intended use relationship for.Thomas Lake Park, Patrick -Eagan and Blackhawk Parks. 18. Review of park system to inter -relate preserve areas with those held in reserve for later dev ment. 19. Preparation of short term development/acquisition objectives, 2-.4 years and preparation of long term development/acquisition objectives, 4-8 years. .Consistent with identifiable needs, future growth, and future population service groups. 20. Review/analysis of community for historical, and ornamental parks/open space. 21. Analysis; qualitative and quantitative, of open space,preserves, and reserve areas by a select meo oT gy which addresses water, slopes, "environmental" relation- ships, vegetation, soils, etc.; to determine "value" of the land parcel within the system. 22. Other PAUL H. HArGF & AssoctATEs. P.A. ATTORNEYS AT LAW 3908 SIOLKY MEMORIAL HIGHWAY RAGAN (ST. PAUU. MINNESOTA 88123 PAUL H. HAUGt BRADLEY SMITH October 14 1981 KEVIN W. EIDE DAVID O. KELLER TO: County Recorder DAKOTA COUNTY COURTHOUSE Hastings, MN 55033 RE: Carlson/Tilsen - City of Eagan Lot 11, Block 5, Wilderness Run Fourth Addition Dear Clerk: Enclosed herewith for recording, please find: X Warranty Deed Quit Claim Deed Contract for Deed ARIA COOK $12 T9LEF"ON6 484.4224 Assignment of Contract for Deed X Certificate of Real Estate Value Affidavit of Purchaser Certified copy of Judgment and Decree Mortgage Deed Easement Owner's Duplicate Certificate of Title # Our check in the sum of $ for recording fees X Check of the City of Eagan in the sum of $239.61 in payment of 1980.and 1981 real estate taxes. Very truly yours, Kevin W. Eide . Individual lA to Corporation or PannerNip No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.-- '19— County o.-,19County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT Date October 14 19 81 1 Miller -Davis Co.. Minneapolis (reserved for recording data) FOR VALUABLE CONSIDERATION, ARNOLD A. CARLSON & ANNA C. CARLSON, husband & wife, owne in joint tenancy of an undivided 1/2 interest; and ROBERT S. TILSEN & JOYCE ,Grantor(s), TILSEN, husband & wife, owners in joint tenancy of an hereby convey (s) and warrant (s) to interest, , Grantee, a municipal corporation under the laws of Minnesota real property in Dakota County, Minnesota, described as follows: Lot Eleven (11), Block Five (5), WILDERNESS RUN FOURTH ADDITION (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Affix Decd ,rux Stamp Hdro STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me thisIV-I't_dBy of �'r «" .1981 - by ARNnfn A r.ARrt;nN & ANNA C CARLSON husband and wife, and ROBERT S- TIT.SFN & JOYCE TILSEN, husband & wife Grantor (s). NOTARIAL STAMP. OR SEAL (OR OTHER -TI '�LE OR RANK)�� (A^.X LEi ,,.r.V 1 s., j _ SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT a ,,o y OL1NIpnan R:.MStY Tea Statements for the rad Property described In tIW Wtrwaat LeoaaM my commission ollA m Mar. IG, 1996 be Not to (Include owe and address of Grantee): CITY OF EAGAN 3795 Pilot Knob Road rHIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Kevin W. Eide PAUL H. HAUGE & ASSOCIATES, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 (612) 454-4224 Eagan, MN 55122 S�r95 READ INSTRUCTIONS ON BACK OF THIS FORM PLEASE TYPE OR PRINT CLEARLY LGAA-20 (REV. 12-79) Rvr-o1931.02 CERTIFICATE I 1. BUYER'S NAME AND ADDRESS CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 SOCIAL SECURITY NO. OR MINN. IDENTIFICATION NO. MINNESOTA AL ESTATE VALUE 2. SELLER'S NAME AND ADDRESS ARNOLD A. CARLSON & ANNA C. CARLSON ROBERT S. TILSEN & JOYCE TILSEN 1255 Wilderness Run Road Eagan, MN 55122 SOCIAL SECURITY NO. OR MINN. IDENTIFICATION NO. 3. LEGAL DESCRIPTION OF ALL PARCELS (Fill in legal description below or attach 3 copies of legal description from instrument of conveyance) PLAT NAME WILDERNESS RUN FOURTH ADDITION LOT NO. 11 BLOCK NO, 5 OR: LOCATION OF PROPERTY TRANSFERRED 17. DATE OF SALE PRICE AGREEMENT lit purchase was on contract for deed, give contract beginning date.) 4, Number & Street or R.R. 5. Town or City Eagan 6. County Dakota MONTH: October YEAR: 19 81 8. Means of transfer (check one)Ui Warranty Deed UContract for Deed UOther (explain) 9. Total sale price including personal Property, assumed mortgage or contract for deed, taxes or special assessments ..... NONE - 10. Total amount of personal property, crops, etc., included in price (list on the back of the Dept. of Revenue Copy) .... — 11. Sale price of real estate only (subtract line 10 from line 9) ............................................... 12. Total amount of assumed old mortgage or contract for deed, assumed special assessments or taxes ................ . 13. Amount subject to deed stamp tax (subtract line 12 from line 11) (see instructions on back of form) ............. . NONE NONE 17. The property transfer was: Between relatives or related firms A gin" El A trade An inheritance (check one) A forced sale El An auction sale ® To or from a government or exempt organization El A partial interest transfer None of the above 18. If in your opinion this was not a sale between a willing buyer or seller, briefly explain why: No opinion 19. 1 (we) declare under penalty of law, that this certificate (including supplemental legal description) has been examined by me (us) and to the best of my (our) knowledge and belief is true, correct, and complete. (Signature of purchaser, setter, or agent.) 10-14-81 Kevin W. E1de Telephone number of (6 12) 454-4224 Print nems here SIGN HERE person signing this form:_ DO NOT WRITE BELOW THIS LINE 1B_ 18� 1161 LIMITED ESTIMATED LIMITED_ ESTIMATED LIMITED ESTIMATED LAND Cal BUILDING TOTAL TYPE OF TRANSFER PLAT —PARCEL S.D. USE CODE ACRES EXEMPT 14. Deed stamp tax (to determine tax, read instructions on the back of this form) ....................... I......... 15. KIND OF PROPERTY SOLD: ® Land only Land with previously used building Land with new building (give year of completion - --) (check one) QResidential �' Apartment (4 or more units) Seas./Rec. Residential a Seas./Rec. Commercial 16. PRINCIPAL INTENDED USE: (check one) El Agricultural 0 Commercial E] Industrial ® Other (explain) Trail Easement — 17. The property transfer was: Between relatives or related firms A gin" El A trade An inheritance (check one) A forced sale El An auction sale ® To or from a government or exempt organization El A partial interest transfer None of the above 18. If in your opinion this was not a sale between a willing buyer or seller, briefly explain why: No opinion 19. 1 (we) declare under penalty of law, that this certificate (including supplemental legal description) has been examined by me (us) and to the best of my (our) knowledge and belief is true, correct, and complete. (Signature of purchaser, setter, or agent.) 10-14-81 Kevin W. E1de Telephone number of (6 12) 454-4224 Print nems here SIGN HERE person signing this form:_ DO NOT WRITE BELOW THIS LINE 1B_ 18� 1161 LIMITED ESTIMATED LIMITED_ ESTIMATED LIMITED ESTIMATED LAND Cal BUILDING TOTAL TYPE OF TRANSFER PLAT —PARCEL S.D. USE CODE ACRES PAUL H. HAIIGE & AssociATEs. P.A. ATTORNEYS AT LAW SSOS SIBLEY MEMORIAL HIGHWAY EAGAN IST, PAULI. MINNESOTA 68122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER RICHARD J. KRAMBEER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 August 12, 1981 Re: Park Land Being Acquired from Tilsen Homes Lot 11, Block 5, Wilderness Run Fourth Addition Tax Parcel No. 10-84353-110-05 Dear Tom: Yv AREA CODE 512 TELEPHONE 474.4224 At your request, I have examined the title to the property above described, using for the purpose of such examination an Abstract of Title containing 170 entries, numbered 1 through 170 last certified by Dakota County Abstract Company as of July 29, 1981, at 8:00 o'clock a.m. Based on such examination, I am of the opinion that as of that date record title to the property was vested in Arnold A. Carlson and Anna C. Carlson, husband and wife, owners in joint tenancy of an undivided one-half interest and Robert S. Tilsen and Joyce Tilsen, husband and wife as owners in joint tenancy of an undivided one-half interest, free and clear of all liens, charges and encumbrances thereon, except as follows: 1. Real estate taxes for 1981 in the sum of $138.42 are unpaid. The Purchase Agreement provides that the City will pay the real estate taxes payable in 1981. Real-estate taxes for 1980 in the sum of $92.38, plus penalty and interest in an unknown amount, are unpaid. The Purchase Agreement provides that the City shall pay said delinquent taxes. 2. A trail easement running in favor of the City of Eagan affecting the property appears at Entry Number 169 consisting of the westerly portion of the subject property. 3. Special assessments against the property according to County records are as follows: sewer trunk, $89.82; water area, $106.70; and storm sewer trunk, $208.90 The Purchase Agreement provides that the City shall pay or abate these special assessments. This opinion is limited to the matters shown by the Abstract of Title. All matters not so shown are excepted from this opinion and include: (a) rights of any parties in possession; (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days; (c) general zoning and building laws and ordinances and other restrictions; (d) special assessments, pending special assessments and liens for unpaid municipal utility bills; (e) en- croachments, overlaps, boundary line disputes, and other matters which an accurate •t Mr. Hedges ' August 12, 1981 Page Two survey and inspection assessments not shown (commonly known as Gr streets or judicial m interests in crops or (j) rights which have of the premises would disclose; (f) any taxes and/or by the Abstract or deferred pursuant to M.S.A. 273.111 ?en Acres); (g) any alleyways, easements, rights-of-way, 3numents actually located upon the ground; (h) security fixtures; (i) water rights of the State of Minnesota; accrued since the date of certification of the Abstract. Certificates attached to the Abstract of Title concerning taxes, federal tax liens, District and County Court judgments and bankruptcy proceedings, indicate that there are no liens oustanding against the above described property and its present owners arising from encumbrances of this nature except as indicated. Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. Kevin id. Eide skk cc: Ken Vraa P.S. I have enclosed the Abstract of Title for this property for the permanent City records. THIS INSTRUMENT, WHEN SIGNED CITY OF EAGAN BY THE TREASURER, SHALL BE. COME A CHECK PAYABLE TO THE 3795 PILOT KNOB ROAD ORDER OF THE PAYEE NAMED FOR 17 913 EAGAN, MINNESOTA 55122 THE AMOUNT STATED. MID AMERICA NAT'L BANK 751429 Eagan, Minnewn 960 W � -' •C f�. t� "Nv'� i*J W � v1 i t N of � � �,e. �'. CHECK NO. PAY TO THE ORDER OF DATE CHECK AMOUNT r 17913 DAKOTA CO TREASURER OCTOBER 14, 1981 $ 239.61 - - - --- L J �. ..MAYOR TREASURER 1:0960 14 29 0: 11.1-0 i0 2 2110 DETACH BEFORE DEPOSITING REMITTANCE ADVICE CITY OF EAGAN 0 3795 PILOT KNOB ROAD • EAGAN,MINNESOTA 55122 ,..,;DESCRIPTION 1 -�r 1 ,. gRQSSAMOUNTj DEDUCTIONS- ' NET AMO4NTT. Carlson-Tilsen �•" i.,: Lot 11 Blk 5 Wilderness Run 4th r " 1980 Taxes - 93.58 1981 Taxcs - 138.42 239.61 •`i '. `;;; ; ;' •' 239.61 Penalties - 7.61 ,r. 1 • ti :♦ 1 CITY OF EAGAN 0 3795 PILOT KNOB ROAD • EAGAN,MINNESOTA 55122 November 1931 ADVISORY PARKS AND RECREATION C0141ITTEE JOB DESCRIPTION/QUALIFICATIONS - 0(zvy LALl L (Qualifications: 1. Resident of the City of Eagan. 2. Willingness and dedication to commit both time and personal energy to the committee. 3. An interest in both parks and recreation issues. Desire to provide a broad range of parks and recreation service to citizens of the community. 5. Interest in and knowledge of the community of Eagan. 6. Interest in recreation and parks fulfilling a vital role in the quality of life for Eagan residents. 7. Willingly seeks input from neighborhoods, organizations, and individuals. 8. Ability to maintain an objective approach to park and recreation issues. Responsibilities: 1. Attend and participate in regular monthly meetings and special meetings. 2. Attend and participate in appointed study committee which may be required to conduct the affairs of the Advisory Committee. 3. To make recommendations concerning parks acquisition and development to council and staff. 4. To review and make recommendations concerning recreation programming. 5. Annually elect officers of the Advisory Committee. 6. Provide input into park site planning. 7. Annually reviews the department budget, providing -suggestions to staff. 8. Performs fact finding tasks for City Council. Reports To: 1. City Council 2. Director of Parks and Recreation formance and Evaluation: 1. Self evaluation by committee. 2. Regular attendance and participation. 3. Knowledge and satisfaction that committee is full -filling a vital role in the community. Condition of Work: 1. 3 year terms; appointment by council. 2. No compensation; but a great deal of personal satisfaction to be offered. /D � Xov�mi�cr 1`.x$1 Page 2 r Duties of Chair -person I. To preside over regularly scheduled and special committee meetings. 2. To call special meeting of the Advisory Committee when required to conduct the responsibilities of the committee. 3. To act as spokes person for the committee. 4. With the Director of Parks and Recreation; establish a tentitive agenda for monthly meetings. S. Assign members to special study committees. 6. Advise and consult with individual members concerning their partici- pation on the committee. Duties of the Vice -Chair -person 1. In the absence of the chair -person, conduct meeting of the Advisory Committee. 2. To perform assigned task as might be requested from the chair -person Duties of the Director of Parks and Recreation 1. To assist in the development of the agenda and preparation of packet material. 2. To act as a liaison to the City Council for the recommendations made by the committee. 3. Provide direction and input to the committee concerning parks dedi- cation and recreational programming. 4. To perform fundamental research in the study of parks and recreation issues. S. To attend meetings of the Advisory Committee and study committee. it EAGAN ADVISORY PARKS AND RECREATION COMMITTEE The Advisory Parks and Recreation Committee is an appointed committee of the City Council of volunteer citizens. The purpose of the committee is to advise and make recommendations to the City Council concerning both parks and _ recreation issues. In addition the committee provides input to City staff, in affect, acts as an advisory board on community interests concerning recreation and parks. Organization: The committee consist of 10 members who are appointed by the City Council for 3 year terms. Chairman, vice-chairman and secretary are elected annually by the committee members at an "organizational meeting" in January. Study committees are also organized at this time. Meetings are held monthly, or at the call of the chair -person. — Members Role: The Advisory Committee's work covers a broad range of issues which must be acted upon in a timely manner. To accomplish this work regular attendance and participation by members. Occasionally, the formation of "task" or "study groups" becomes necessary to look into or work on more complex issues. Assignment to these groups is voluntary. Because regular participation is important to the functioning of the committee, the City Council in January of 1974 passed a motion that three consecutive absences by a member should then be replaced on the committee. If members find that commitments prohibit regular attendance or causes a period of extended absences, they should seriously consider resigning the committee. Perhaps the most significant responsibility the members have is to keep an open mind to parks issues. Listening, learning and discussion of issues are important aspects of committee work. Decision making should be based on in- formation gathered and what can be seen as working towards the betterment of the City and parks and recreation system. Maintaining objectivity in the face of special interest groups is often difficult, but essential to a balanced approach to parks. Both long term objectives and short term benefits should be considered on all issues. The Advisory Committee acts as a group; disagreement and divergent views are expected and desirable. However, these views are not to be represented to outside organizations/committee as being representative of the views of the Advisory Committee or City. Members need to be certain that they do not express personal views and interests as that of the City or Parks and Recreation Department. Responsibility/Authority: The committee does not have statutory powers, as do "Park Boards': It is a creation of the City Council with the responsibility of parks and recreation. The committee reviews residential development for recommendation of parks dedication; annually reviews the budget, provides input regarding programming, hears citizens requests and investigates issues for recommendation. In addition to the general responsibility of parks and recreation, the committee will perform "special" responsibilities as well. !2 page 2 As an example, the Advisory Committee provided input and reviewed the City _ wide Bicycle Trails Plan, the needs for a Master Parks Plan, and reviewed . plans for park development. Staff: The City employs a professional administrator for the Parks and Recreation Department whose responsibility includes the day to day direction and operation of the department. Directly responsible to the City Administrator and City Council, the director prepares the operational budget, purchase major equipment items, oversees the forestry department, and weed control program, plans parks maintenance and development activities, as well as give direction to the effective operation of recreational programming, etc. As the position relates to the Advisory Committee, the director prepares the committee's agenda and support information concerning agenda items. Items require`committee action, informational items on parks and programs are pre- sented by the director and communicated to the appropriate parties. The City Administrator and City Planner are often at meetings of the Advisory Committee and will comment on council directives, as well as background in- formation pertaining to City development. For Your Information: Park Dedication: The City has enacted an ordinance under Minnesota laws, Alch grants a community the authority to receive land for park purposes from residential developers. This dedication is set at10% of the land to be developed. In instances in which suitable land for park purposes is not available, or the amount of land is. not sufficient to support a park, a cash dedication is taken. The amount of the cash dedication is based on the type of residential unit. The committee annually reviews the fees for possible adjustment. The cash collected goes into the "park site acquisition and development" fund for purchase and/or development of parks throughout the community. Comp Plan: Required by the Metropolitan Council the City prepared a "Comprehensive Guide Plan" for the City. One segment of the plan includes parks. Neighborhood service areas were defined to help determine what park needs might be for each portion of the City. C.I.P. or Capital Improvement Program: The department has prepared a C.I.P. document which lists each park area and improvement to each park for a five year period. (This list does not include facilities) The five year program would cost (if funds were available) in excess of three (3) million dollars. P.U.D.: A planned unit development is an agreement between 'a City and developer/ land owner to develop the land included in the agreement according to a specific criteria; including residential densities, park land, commercial area, with a proposed time frame for development. P.U.D.'s run for a period of 5 to 15 years. Master Parks Plan: A Master Parks Plan is a document or intensive study of the park and recreation system to determine existing deficiencies in land and type of facilities the City needs to provide its citizens. The study seeks to focus -in on a specific park needs, prioritize those needs via -vis the rest of the park system needs, as well as provide direction for the department. 13 A COMMITTEE MEMBER'S CODE As a committee member, I believe that the primary purposes of a committee are to achieve effective and wise guidance of the department through group thinking and action, to raise the stan- dards of committee membership and to improve the level of recreation and park services to the community which supports it. I realize that mine is a community trust, that I represent all the people and that I have a duty to the community as well as to my park and recreation department I pledge myself, there- fore, to cultivate an "educated heart" so that I may be sensitive to my obligations and relationships in this trusteeship. I sub- scribe to the code of an ethical person, remembering that ethics refers to what a person is morally obliged to do or not to do in a given situation. I believe that committee service can be an expression of democratic citizenship, signifying a willingness to accept community responsibility and the charge to preserve popular control of American public services. Respecting the dignity and worth of the individual, I shall base my relations with people on their qualities as individuals without distinction as to race or creed or color or economic or social status. I believe that a person's greatest possession, as well as his ® greatest contribution to society, may lie in the ways in,which he differs from me, rather than in the ways in which we are similar. I shall accept these differences and try to build a useful relationship upon them. I uphold the principles of my organization, recognizing and assuming my responsibility as a committee member to establish and administer the best possible program and policies .for my park and recreation department. I shall learn its program and objectives, give to it a fair share of my time and personal abilities, keep a communitywide perspective knowing that, for sound community service, my department's.work must be coordi- nated with the total community. I promise to be loyal to my own organization and a good neighbor to other agencies. My attitude shall be one of co- operative open-mindedness and objectivity. In carrying out my assignments, I shall be professional in realizing that it- is not possible to lay down absolute rules for all situations. I shall be willing to think things through with the other committee members, weighing alternatives and exercising good judgement in choosing among them. I have faith in the fellowship of common endeavor, be- lieving that unity is accomplished through the resolution of differences and not in their suppression. I recognize the 4- value and the necessity of mutual understanding and teamwork between the committee and the staff in developing a good department. I realize that the functions of the committee and the staff are different but that, with common goals in focus, and with confidence in and respect for each other, methods of joint participation will not be difficult to find. I shall try to be a pond cormittee member: a believer, a planner, a doer, an interpreter, a prophet, a reformer, a builder, a friend, a Food citizen. Desirinp to contribute all that I can to the betterment of my community and its people, I willingly accept this code for committee members and will be guided by it. OVERSIZED L '0(,'UMEN '-) ,� � amt Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota GORDON ELMQUIST &, ASSOCIATES, INC, 1381 CENTENNIAL DRIVE ST. PAUL. MINN. 55113 APPRAISAL OF Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota MADEFOR City of Eagan Parks VALUATION DATE: January 25, 1978 PROPERTY OWNER: Name: Thomas Rooney Address: 00%don Efmquist & o4:isociaLes, —Inc. 1381 Centennial Drive St. Paul, Minnesota 55113 Phone 612/636-1950 Since // C cc //// 1946 �04LY012 GG7IL�LLCSE & cAiodatES, -qnC. REAL ESTATE APPRAISERS PHOTOS TAKEN JANUARY 25, 1978 Thomas Rooney Tract City of Eagan Parks Dakota County, MN 1. Marsh and water area on northeast part of subject. 2. Timbered area in central portion of subject. 3. Looking north from tract's south boundary. Since „' 1946 X �o4Qot2 GL20ilt U C AOCiatZl, n% C. REAL ESTATE APPRAISERS Appraisal of Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota TABLE OF CONTENTS Page Purpose of Appraisal . . . . . . . . . . . . . . . . . . . . . 1 Property Rights Appraised . . . ... . . . . . . . . . . . . 1 Legal Description . ... . . . . . . . . . . . . . . . . 1 Area and Neighborhood Data and Location . . . . . . . . . . . 1 Subject Tract Site . . . . . . . . . . . . . . . . ... . . . 3 Portion to be Acquired . . . . . . . . . . . . . . . . . 3 Improvements . . . . . . . . . . . . . . . . . . . . ... 3 Utilities . . . . . . . . . . . . . . . . . . . . . . . . 3 Access . . . . . . . . . . . . . . . . . . . . . . . . . 3 Tract History . . . . . . . . . . . . . . . . . . . . . . 4 Zoning . . . . . . . . . . . . . . . . . . . . . 4 Soils . . . . . . . . . . . . . . . . . . . . . . . 4 Highest and Best Use . . . . . . . . . . . . . . . . . . . . . 4 Market Value of the Tract Under'Appraisal . . . . . . . . . . 5 Courthouse Information . . . . . . . . . . . . . . . . . 5 Inspection . . . . . . . . . . . . . . . . . . . 5 Damages . . . . . . . . . . . . . . 5 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . 6 Addendum Since ��++/� //// 7948 �ozaon// GUG10��//t & T.11OC1atE1, 9nC. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract City of Eagan Parks Dakota County, Minnesota PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the fee interest of the subject tract. Market Value is defined as: "The price which the property will bring in a competitive market under all conditions requisite to a fair sale which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge, and without undue stimulus." PROPERTY RIGHTS APPRAISED: As noted, the fee value of the tract will be appraised. LEGAL DESCRIPTION: Entire Subject Tract: T. 27N., R. 23W., Section 22; W�WISE� except N. 726' of E. 300', containing in all 35 acres. Portion to be Acquired: All of the above'tract will be acquired ex- cept for the N'ly 726' and except for the S.'ly 660'. The total area to be acquired is 193 ac. AREA AND NEIGHBORHOOD DATA AND LOCATION: The subject tract is located in the NW'ly portion of Dakota County in the former township and now city of Eagan. The property is located in the east -central portion of the City of Eagan. Dakota County is part of the seven county metropolitan area of the Twin Cities of St. Paul and Minneapolis. Planners at the Metropolitan Council estimated Since r /.// 1946 - �o¢cton Efinouc.E & �9.SoCtaE81, JnC. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 2 AREA AND NEIGHBORHOOD DATA AND LOCATION: Continued the 1974 population to be 2,026,771, with the forecast for the Year 2000 of 2,888,000 for the metropolitan area. Present population of the seven counties together, with the projection for the Year 2000 follow: Ramsey 496,688 - 623,250 Hennepin' 997,011 - 1,177,800 Dakota 175,160. - 426,650 Washington 100,842 - 244,550 Anoka 184,063 - 263,050 Carver 34,255 - 73,350 Scott 38,752 - 79,350 More specifically, the City of Eagan with a present population of about 16,000 is anticipated to have a growth to 73,800 by the Year 2000. In the, 1970 census;Dakota County ranked as the 34th richest county in the nation in terms of per capita income, with a median,family income of . $12;120,compared to the national median of just under $10,000. The county is trending from farmland to residential and industrial develop- ment. Future economic influence on higher density development in Eagan, Apple Valley, Lebanon Hills and Rosemount has been and will be brought about by reason of the proposed expenditure of approximately $26,000,000 on the Metropolitan Zoo located.within parts of the aforementioned munici- palities. In addition, proposed I-494 crosses the northern part of Eagan and I -35E is intended.to run northeast -southwest through Eagan and abutting municipalities. Since 194E 00taJo 1 EfmULSE & c �oclat&i, _q= . REAL ESTATE APPRAMERS Appraisal of: Thomas Rooney Tract Page 3 SUBJECT TRACT: Site: The entire subject tract consists of 35 acres. The property is all timber covered with upland species consisting of oak, popple, birch and other hardwoods. The tract has a long north -south dimension of 1/2 mile and an east -west dimension,;for the main part, of 660 feet. The northerly tract boundary is formed by Deerwood Drive, which is a gravel road. The southerly tract boundary is formed by blacktop Hwy. 30. A new home is under construction on the southerly 10 acres of the subject Tract. Portion to be Acquired: The portion to be acquired consists of that area lying north of the southerly 660' and south of the northerly 726'. It includes 19 acres. The tract to be acquired is entirely timber covered with the exception of some small marsh areas. The property is rolling to hilly in nature and would provide for very excellent residen- tial homesites of a wooded nature. Improvements: The only improvements lie on the portion to the south remaining. Utilities: At the present time sewer and water are not available to any portion of the subject tract. The nearest sewer and water lie. approximately 1/4 mile to the west. Access: The access to the entire tract is via either Deerwood Drive on the north or Hwy. 30 on the south. There is no access to the in- terior area. The land immediately adjacent to the west is currently Since �+Pp cc & 0T1�[JJ ��JJ 7948 0011don GLI YULt 10CCQtE1, _YnC. REAL E9TATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 4 SUBJECT TRACT: Continued under development. This will provide roads.coming very near to the interior of the subject tract, which is to be acquired. Further, if the current owner of the subject tract wished to sell building sites in the center of the tract, he would obviously provide access either from Deerwood Drive on the north or blacktop Hwy. 30 on the south. Tract History: The subject tract is currently being purchased by Mr. Thomas Rooney, who is constructing the house on the southerly part of the tract. Zoning: According to the County Zoning Administrator, the property carries an Agricultural zoning designation. Permitted uses in this area include agricultural uses, greenhouses and nurseries, stands for sale of agricultural products, one family detached dwellings and public parks and playgrounds. The minimum lot area is 5 acres with the mini- mum width being 300 feet. The frontyard setback is 30 feet, and the rear and sideyard setbacks are also 30 feet. Soils: Other than the marsh areas, soils on the subject trct consist of Burnsville -Hayden, Scandia sandy loams and loamy sands. HIGHEST AND BEST USE: It is this appraiser's opinion that the highest and best use of the en- tire subject=tract would be for very excellent residential homesites. Since �+p C �/ //%% 1946 0o¢clon E[mquLat & c; s od aEEs, JI2C. REAL ESTATE APPRAISERS Appraisal of: Thomas Rooney Tract Page 5 MARKET VALUE OF THE TRACT UNDER APPRAISAL: Since this is an unimproved parcel, the only approach used has been the market approach. Attached at the rear of the report is an analy- sis of the comparable sales used in the market approach. The adjusted sales indicate a range from $4,200 to $4,500 per acre for the subject per acre after adjustments. In my view, Sales 5 and 6 are the best (comparables, and a value of $4,500 per acre indicated is considered the subject's fair market value, Say $85,500. COURTHOUSE INFORMATION: The entire subject tract -consisting of 35 acres has a limited market value of $57,385. This is broken down between land and building. The land is estimated at S41,400 and the building at $15,985. The esti- mated market value is also $57,385. Taxes for the current year are $2,260.42 NHS. This property was inspected by your appraiser on January 25, 1978. The owner, Mr. Rooney, gave the appraiser permission to ,inspect the property. DAMAGES: The reader is referred to the Parcel Layout Sketch at the rear of the report. The portion of the subject tract to be acquired is in the central portion. The remainder to the north consists of 6 acres. As indicated under the zoning the minimum area required for a residential ISineG/pn//!!6 gO'ldot2 EL njulit GT �140datF_1, _yna. REAL ESTATE APPRAISERS Ir X Appraisal of: Thomas Rooney Tract DAMAGES: -Continued Page 6 lot is 5 acres with a minimum width of 300 feet. This remainder satis- fies those conditions since the width is 300 feet and the area is 6 acres. Access to this remainder also is good via Deerwood Drive which forms the remainder's northerly boundary. The remainder to the south consists of 10 acres; which also satisfies the zoning requirements in this district. In addition the 10 acre parcel to the south, which is the southerly remainder, has a house on it which is currently being- finished eingfinished by Mr. Rooney. Therefore, in my opinion, by acquiring the center portion consisting of 19 acres, neither the northerly or the southerly remainder will suffer any damages due to severing the property. CONCLUSION: As a result of my appraisal and analysis, it is my opinion that the portion of the subject tract to be acquired, consisting of 19t acres, had a market value as of January 25, 1978 of ($85,500), and there were no damages due to severing the property. EIGHTY FIVE THOUSAND DOLLARS Respectfully submitted, GORDON ELMQUIST & ASSOCIATES, INC. William H. Cushman, MAI WHC:ir February 2, 1978 gOZdon gj2jUL1E U 07110C1RtC1, -qnC. REAL ESTATE APPRAISERS PARCEL LAYOUT SKETCH ATE 1/ 5/7R PROJECT Eagan Parks COUNTY Dakota_ PARCEL NO. — OWNER Thomas Rooney Entire Ownership — Scale 1" a 660 ft. Part to be Acquired in Fee Section 22 Trap. 27N. Rge 23W. Part to be Acquired in Easement N .�jv/uNaX. �Oao�ov %Z-" • .t1 :V 00uton Efi29uist & c:;4aaoe1atei, —qnc. ' REAL ESTATE APPRAISERS • 1381 CENTENNIAL DRIVE s ST. PAUL, 'MINNESOTA 55113 ANALYSIS OF COMPARABLE SALES Market Approach NAS; Thomas Rooney Tract No. ' Subject Sale Sale Sale Property No. No.___5 No.____6_ Date of Sale 10/76 9/76 2/76, Price -Ad'. for Time $16,950 +13% $60,900 +16% $41,330 +230 'Sale Unit Sale Price acre $3,400 $4,100 $5,200 Assessments Assumed Free and Clear None None None Sewer (Public or Private) None None None None ' Water (Public or Private) None None None Street Im rovem'ts-Surface None access ass. Bit B' Frontage 660' 330' ' ' ' Depth 1/4 mile 660' 13201 logo, Area---Ft,--&r-Acres 19± 5 1 + Zoning Shape Rectangular Rectangular Rectangular 1 Topography lHill ing-Hilly Hill Rolling Hilly Soil Conditions Sandy Loam Soils Firm Firm Firm Relative Location Buildings INone I None INone FOR TRACTS WITH DWELLING OR CABIN ONLY Estimated Land Value Value Garage, Porch etc. ' Value Dwelling only S.F. content Dwelling Cost New/S.F. ' Depreciated Cost/S.F. Depreciation Adjustments of Comparables on a per acre fir.-} basis Sale No. 2 Sale Price per acre $ 3,400 ' Adjustments This sale will require an upward adjustment for time and for the very excellent timbered building sites on the subject. The sale will require downward adjust- ' ment for the sale's smaller size and marsh areas. After adjustments, a value of $4,200 per acre 1 is indicated for the subject. 1 ' 1 Value Indicated for Subject $4.200/acre gotdon eFfm9ut1f & --4a10ciatea, gnc. REAL ESTATE APPRAISERS • 1381 CENTENNIAL DRIVE ST. PAUL, MINNESOTA 55113 Sale No.—__ 5 _____ Sale Price per acre++ -.F.} S-- 4 100___ Adjustments In my opinion this sale should be adjusted upward for time and for the subject's excellent building sites. A downward adjustment is required for the sale's marsh areas, After these adjustments a value of $4,500 per acre is indicated for the subject, -------- Sale No.___6 Adjustments Value Indicated for subject____ S4,500[acre __ Sale Price per acre 200 This sale will require an upward adjustment for time and downward adjustments for the 'sale'-s'smaller size and marsh areas. After these adjustments, a value of $4,500/acre is indicated for the subject, Value Indicated for subject ____-$4,5BWacxe--_____ Correlation and Estimate of Value The adjusted sales indicate a range of $4,200—$4,500.per acre for the subject after adjustments, In my view Sales 5 and 6 are the best comparables and the value of $4,500 per acre indicated is considered th subject's fair market value, Value Estimate LUMYAKABLE SALES• LAND Property Address Eagan County Dakota Grantor St. Thomas Academy Grantee Not known ' Legal Description T. 27N., R. 23W., Sec. 23; E' ASE'34, S. 30 rods of E. 40 rods of SW14NE'y Present use Vacant Zoning AE• Best use Reg - 'Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit, Financing Contract Date of sale 5777 Grantor Conditions of Sale Arms Length Confirmed with Grantee Broker Confirmed By Writ: ' Special Assessments Assumed Non CONFIRwED SALE PRICE S 71 r 75 ' Photo and,,, Sk?�t/1 of ! 0om-rable PioP (xf 10,Y) .•s`` ' Descriptive Data The southerly 10 acres are wooded and front on a blacktop road. The remainder to the north is open. The land is rolling to hilly. Land Topography Size: Frontage 660' Depth 1/2 mile + Area 47.5 acres Per Multiple Unit S Per Front Foot 'S 1n7_9% Per Acre S 1 _ gan , ' Per Square Foot S Per Site S 71,250 ' GORDON ELMQUIST & ASSOCIATES. INC. Comparable no. 1 V. COMPARABLE SALES• LAND ' Property Address Eagan County Dakota Grantor Nary Diffley Grantee Doris Bartel Legal Description T. 27N. R. 23W., Sec. 24; E. 330' of W. 1320' of SkSWk Present use Vacant Zoning Ag. Best use Res. ' Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 10/1976 Grantor Conditions of Sale Arms Length Confirmed with Grantee x Broker W.D. Doc. #487250 ISpecial Assessments Assumed None Photo r !i '�;,✓.. .. . f Confirmed By Certificate CONFIRMED SALE PRICE S 15,000 ' Descriptive Data Tract fronts on 330' of a blacktop road. The property is rolling to hilly. 1 Land Topography Size; Frontage 330' Depth Per Multiple Unit S Per Front Foot 'S 45.45 Per Acre S 3,000 660' Per Site Per Square Foot S $ 15,000 5 acres GORDON E1JQUIST & ASSOCIATES, INC. Comparable no. 2 IProperty Address LuMYAKABUt 3ALLb-LAND County Dakota Grantor Jasper Dietrick Grantee Lexington South Legal Description T. 27N., R. 23W., Sec. 25; All th'. part SEkSE)z lying Wrly of Hwy. #3 Present use Vacant Zoning Ag. Best use Residential Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 3/77 Grantor Conditions of Sale Arms Length Confirmed with Grantee attornev Broker ' Special Assessments Assumed None Photo and Sketch of Comparable Property I Confirmed By Certificate CONFIRMED SALE PRICE S 57,300 Descriptive Data -_ The tract fronts on 1/4 mile of Hwy. 3 and 1/8 mile -.of Hwy.. 32, The property is rolling to hilly and has scattered large trees, There is v Land Topography about 2001 of frontage on a small pond, Size: Frontage 1320' Hwy. 3 Depth 1/8 mile ± Area 19.1± acres Per Multiple Unit S Per Front Foot 'S ' Per Acre S 3,000 Per Site Per Square Foot S ' GORDON ELMQUIST & ASSOCIATES, INC. Comparable no. 3 COMPARABLE SALE5•LAND" Property Address Eagan County Dakota Grantor Cecilia M. Shields Grantee Lexington South Inc. Legal Description T. 27N., R. 23W., Sec. 26; ElINE'-dWk Present use Vacant Zoning F.D. Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 12/65 Grantor Conditions of Sale Arms Length Confirmed with Grantee x McMenomv Broker W.D. Doc. #481525 Special Assessments Assumed None Photo r Confirmed By Certificate CONFIRMED SALE PRICE S 42,000 Descriptive Data This property is all open land and fronts on 660' of a blacktop road. �. Land Topography The tract is level to rolling. It 660' Hwy. 30 1320' Sise: Frontage Depth Area Per Multiple Unit $ Per Front Foot "S 63.64 Per Acre S 2-100 Per Square Foot S Per Site S 42,000 20 acres IGORDON BI2QUIST & ASSOCIATES, INC. Comparable no. 4 COMPARABLE SALES - LAND Property Address Eagan County Dakota Grantor Albert Basil et al Grantee Lexington South Inc.' Legal Description T. 27N., R. 23W., Sec. 26; AWINEkNWk, W. 165' E W1� Present use Vacant Zoning P.D. Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing Cash Date of sale 9/76 Grantor Conditions of Sale Arms Length Confirmed with Grantee McMenomv Broker W.D. Doc. #476019 Special Assessments Assumed Photo Confirmed By Certificate CONFIRMED SALE PRICE S 52,500 Descriptive Data This property fronts on Hwy. 30 and is all open land which is level ' to somewhat rolling. LOtd Topography 1 Size: Frontage 495' Depth 1320' Area 15 acres Per Multiple Unit S IPer Acre S 3,500 - Per Front Foot 'S 706,06 Per Square Foot S Per Site S 52,500 ' GORDON ELIQUIST & ASSOCIATES. INC. Comparable no. 5 4 COMPARABLE SALES• LAND Property Address Eagan County Dakota Grantor Lexington So. Grantee Russell Swanson Legal Description T. 27N., R. 23W., Sec. 26; E. 330' of W. 660' of SEkSW; Present use Vacant Zoning Ag' Best use Res. Sewer None Water None Sidewalk None Curb & Gutter None Street Surface Bit. Financing $6,000 down, $2,00/semi—ann. 8% Date of sale 2/76 Grantor Conditions of Sale Arms length Confirmed with Grantee Broker C.D. Doc. Special Ass.ssments Assumed Photo Confirmed By Contract CONFIRMED SALE PRICE S 33 000 Descriptive Data Tract is hilly and all timbered. A new building is being built north of road. There are about 8 acres north of Hwy. 32 usable. The remainder is in roadway or in narrow strip between Hwy. 32 and Holland Lake. ILead 'topography ISize: Frontage 330' Depth 1050' Usable Area 8± acres Per Multiple Unit S Per Acre S 1.,t S IPer Site Per Front Foot 'S 1110 Per Square Foot S GORDON ELMQUIST & ASSOCIATES, INC. Comparable no. 6 EAGAN T 27 N7R.23 W. Ong I SALES LOCATION MAP ® Subject O !any A 55116 REAL ESTATE Sale O SPECIA -JAMES E. _ LEY APPENDIX R QUALIFICATION STATEMENT OF APPRAISER Appraisals for Land and Water Conservation Act projects must meet educational and experience qualifications in accordance with Federal Management Circular 74-B as listed below: 1. A college degree of four years of verified active experience in the real estate field leading to a basic knowledge of real estate valuation; or any combination of such experience and formal course work sufficient to provide a total of four years beyond a high school education. 2. No less than four years of verified practical experience in various types Of urban and rural appraisals similar to the types of appraisals beiny conducted and the types of appraisal reports being reviewed. 3. Evidence of successfril completion of two or more real estate courses provided by a nationally recognized appraisal society or equivalent organizations. 4. Active affiliation with and accrediation by a nationally recognized appraisal socity (or societies) is desirable but not mandatory. Such affilia- tion or accrediation can he viewed as evidence in support of a sustained performance record of satisfactory experience. 5. For review appraisers, at least two years of field review experience in addition Lo appraisal experience is desirable. 6. Court experience is desirable where it may be necessary to resort to condemnation in order to complete acquisitions. I certify that 1 have attained the education and experience qualifications specified in paragraphs 1, 2, and 3 above and meet the desirable qualifications of//the following encircled paragraphs 4, 5, 6. Signature Title Date State of Minnesota State Planning Agency Office of Local & Urban Affairs Parks & Recreation Grants Section PARCEL DATA SHEET PROJECT: City of Eagan Parks COUNTY: Dakota PARCEL #: ' OWNER: Mr. Thomas Rooney PROPERTY ADDRESS: see legal TOWNSHIP: T. 27 N. RANGE: 23 W. SECTION: 22 1. TOWN: Eagan TOWN POPULATION: 16.000 MILES FROM TOWN: 2. TOTAL ACRES TO BE ACQUIRED: 19 ESTIMATED VALUE OF THE LAND: $85.500 3. A. Forest 16 B. Rock C. Cutover D. Swamp 3 E. Grass F. Water G. Cropland (A) (B) 4. TOPOGRAPHY, ACRES IN: A. Flat B. Hilly 19 C. Rolling 5. WATERFRONT, FEET ON: A. Lake B. Stream C. Impoundments 6. ROAD FRONT, FEET ON: A. Dirt B. Gravel C. Paved _ 0 7. NUMBER OF BUILDINGS: ESTIMATED VALUE OF IMPROVEMENTS: DESCRIPTION: 8. ELECTRICITY: Company Name: Voltage: Pole or Underground: 9. TELEPHONE: Company Name: Overhead or Underground: 10. LIFE ESTATE DATA: A. Value of Life Estate Area: B. Birthdate of owners: Wife I DATE: 3/7/z978 ' SPA/OLUA-17 9-74 TOTAL ESTIMATED COST: Since c//,,„,, L [C� ���/J /�� q// 1946 �0"dOn F 2Jui't U c:, 1oaCa&i, Jna. DEAL ESTATE APPRAISERS ASSUMPTIONS AND LIMITING CONDITIONS IDENTIFICATION OF THE PROPERTY: The legal description given to the appraiser is presumed to be correct. No opinion of a legal nature, such as to ownership of the property or condition of title is rendered. The appraiser assumes the title to the property to be marketable; that the property is an unencumbered fee; and that the property does not exist in violation of any applicable codes, ordinances, statutes or other governmental regulations unless stated in the appraisal report. UNAPPARENT CONDITIONS: The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable than otherwise comparable property. The appraiser assumes no responsibility for such conditions or for engineering which might be required to discover such things. INFORMATION AND DATA: The information and data supplied to the appraiser by others, and which have been considered in the valuation,are from sources believed to be reliable, but no further responsibility is assumed for their accuracy. DISCLOSURE 'AND 'USE: Disclosure of the contents of this appraisal report is governed by the By - Laws and Regulations of the American Institute of Real Estate.Appraisers of the National Association of Real Estate Boards. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the American Institute of.Real Estate Appraisers or to the M.A.I. or R.M. designation) shall be;dissemi nated to the public through advertising media, public relations media, news media, sales media or any other public means of communication with- out the prior written consent and approval of the undersigned. DISTRIBUTION OF VALUE: The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in con- junction with any other appraisal and are invalid if so used. SKETCHES AND MAPS: Sketches in this report are included to assist the reader in visualizing the property. We have made no survey of the property and assume no re- , sponsibility in connection with such matters. Since ��++p cc ��JJ ��%% 1946 Oota G�U11t & 0T110da&l, JYlC. REAL ESTATE APPR AIB ERB ASSUMPTIONS AND LIMITING CONDITIONS (Continued) COURT TESTIMONY: Testimony or attendance in court by reason of this appraisal, with reference to the property in question, shall not be required, unless arrangements have previously been made. CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. I have.no present or contemplated 'future interest in ,the real estate that is the subject of this appraisal report. 2. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved - 3. To the best of my knowledge and belief the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct. 4. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 5. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Stan- dards of Professional Conduct of the American Institute of Real Estate Appraisers of the National Association of Real Estate Boards. 6. The herein described property has been personally inspected by 7. No one other than the undersigned prepared the analyses, con- clusions and opinions concerning real estate that are set forth in this appraisal report. GORDON ELMQUIST & ASSOCIATES, INC. Date Date I0o tdon GLIM quliE U C 4i!io atzi, JnC. REAL ESTATE APPRAISERS APPRAISAL OF WILLIAM H. CUSHMAN Education: ' Graduated from the University of Minnesota in 1956 with a Bachelor of Science Degree in Forestry Attended and successfully completed the American Institute of Real Estate Appraisers Courses I, II, III and V, and a Real Estate Law Course at the University of Minnesota. In addition, several real estate seminars have been attended. ' Experience: Real Estate sales 1958-1961 Overman and Company, Duluth, Minnesota ' Staff appraiser for Bureau of Sport Fisheries and Wildlife, United States Department of Interior, from May of 1961 through November of 1966 Chief of the appraisal section, Bureau of Sport Fisheries and Wildlife, ` Midwest Region, from November 1966 through June of 1969 Staff appraiser for Gordon Elmquist & Associates, Inc. since June of 1969 Appraisals have been made for the following agencies: The Bureau of Sport Fisheries and Wildlife The Bureau of Outdoor Recreation Conservation Departments for the States of: Iowa Minnesota Ohio Indiana Missouri South Dakota Illinois Nebraska Wisconsin Michigan North Dakota Northern States Power Company Housing and Redevelopment Authority, City of St. Paul Numerous private clients United States Department of Justice Specific Types of Appraisals other than Residential: Industrial buildings, service stations, warehouses Motels, apartment buildings Rural lands to be acquired for park and recreation Wild River appraisals - Minnesota and Wisconsin Indian Treaty lands - Michigan, North Dakota, Montana (historical in nature) National Park lands - Northern Minnesota Abandoned Railroad Rights -of -Way All types of commercial and industrial properties Membership: American Institute of Real Estate Appraisers (M.A.I. 115392) Minnesota Association of Realtors General: Qualified to testify in courts as expert real estate appraiser Licensed Real Estate Salesman, State of Minnesota Vice President, Gordon Elmquist & Associates, Inc. 4 V , N 890,39'14" W —659.55— 0 w CD N O 0 M � 1 Z G ' V. -: \\ --490.00 qi•,-- South line of NE I/4 of - -. +- —660.23— 717, — — r '-North N 890 43' 16" W f- — - - w\ `v OOK O P M Ci Pc<es .).(Dot J� 5 N 890 43'16" W — —660.56— • 6 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PARK DIRECTOR SCHMIDT DATE: JANUARY 31, 1979 SUBJECT: ITEM FOR 2-6-79 COUNCIL MEETING Eagan received a check in January in the amount of $35,500 which represents the state share of the grant allocation for the purchase.of the addition to Patrick Eagan Park. This addition includes six -acres of relatively flat land to serve neighborhood park needs in this section, nine acres to complete the aquisi- tion around the north end of hake and 19 acres of wooded terrain to extend the western border of the park and expand the ski trails and connect to the trails being built in Hilltop Estates. The federal portion of the grant, $71,000, is reimbursable after the acquisition is completed. The City share of $35,500 is programmed to be paid from park bond funds as part of Part II of the Park Bond proposal. I am requesting that the City Council authorize Paul Hauge to begin negotiations with property owners Rooney and McCarthy for this acquisition. The estimated cost would be between $150 - $3 per parcel to include nego_iations, title check, and closing and assuming that the se-1-lers-are willing. Ttii.s expenditure has been budgeted to be paid from -Park -Bond -Funds. Action Requested: Authorization for City Attorney Paul Hauge to begin negotiations. Al • • PAUL H, HAUGE 6 ASSOCIATES. P.A. Al TORNEYS AI I.AW PAUL H. HAUGE 3008 SIBLEY MEMORIAL HIGHWAY AREA CODE 612 BRADLEY SMITH EAGAN [ST. PAULI, MINNESOTA 551P2 TELERHONC.154-12PA February 16, 1979 Mr. Thomas Rooney Attorney at Law Northern Federal Building 386 North Mabasha Street St. Paul., Minnesota 55102 RE: City of Eagan - Patrick Eagan Park. Dear Tom: The City Council has authorized me to begin negotiating the purchase of approximately 19 acres from you as an expansion to Patrick Eagan Park. I believe that Barbarn.Schmidt has indicated to you what land it is that the City is interested in acquiring. I assume that you have an asking price for the acreage and therefore, perhaps we can meet with Barbara if necessary and other staff persons at the City and attempt to set up a purchase agreement. I am enclosing a small drawing showing the approximate location. I would appreciate hearing from you at your earliest convenience. Very truly yours, Paul H. Hauge PHH:cdg enc. WIIITIrOtflce Copy No, lol ih/¢ YELLOGRIERNy;Sellur's Copy py \III AIlnnmgh.1[. °° PURCHASE AGREEMENT PINK—Buyer's Receipt ................... .Eagan.-... .............. Minn ., .............March.........,..............., 1979.... RECEIVED OF.. __ ...... C'ITY OF EAGAN ..................... the sum of Two Hundred and no/100----------------------------- 200.00 -- - ... ............._._....................._........._..............($........................) DOLLARS check as earnest money and in part payment for The purchase of property at (Check, Caeh or Now— State Which) 1235,.Coun..y..R9ad.. /30x..Eagan............................................................................................situated in the County of.......Dakp................................................ta ......., State of Minnesota, and legally described as follows, to -wit: Approximately 19 acres in the W1 of the A of the SE's of Section 22, T. 27, R. 23 including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water ranks and heating plant (with -any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: EIGHTY—FIVE THOUSAND FIVE HUNDRED and no/100----------------- 85 500.00 ........................................................................................................................................($.....�.................) DOLLARS, h the buyer agrees to pay in the following manner: May 15, 1979 /F'Eesn�st oney herein paid $ 200,.00,....,.,.. and $ 85, 300,_QQ,,,, cash, on..oiz...4.e.f.u.€/................... the date of closomgf^{IS 40 0 e Subject to performance by the buyer the seller agrees to execute and deliver a ... ... ... ,, ...... _. ........ ... -.....__. ...., Warranty Deed (to be joined in by spouse, if any) conveying marketable Tide to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) The buyer shall pay the real estate taxes due in the year 1980.YID1r��97�CpSid�pteptajtg+K¢Af89[B!t®.Rm��6�C711C876Zk r [dXt5 kq. Seller warrants that real estate taxes due in the year 1980 will be .... non-- - - - - homestead classification (full, partial or non -homestead — state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USI7D AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER ATE OF CLOSING. agreement The have r furthen er re with. Unless otherwise specified this sale Csha101 bong provided that all conditions of this The seller further agrees [o deliver possession not later Than closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before The closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ...Closing_ ...... _. _..._.,.,I ... ... _..................... ._........ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and The making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such tide marketable. Pending correction of tide the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided. This agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or he so made within said time, and Said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract :cod on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by The owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at The office of: - ...................- .......- .... -.... ...,..- Paul ..H...Hauge..&..Associates, P.A. .-....._...................... 3908 Sibley Mem. Hwy., Eagan, MN 55122 1, the undersigned, owner of the above land, do hereby approve By _...._ ... ..............................._...._.............................. .......... Agent the above agreement and the sale thereby made. I hereby agree to purchase the said property for The price and upon the terms above mentioned, and subject to all conditions herein expressed. CITY OF EAGAN .............................................................................................. (SEAL) ) Thomas J. Rooney Seller ..........ar''...................................elle.................................... ( SEAL) Barbara J. Rooney Seller .B.......................................................................................... (SEAL) Buyer Attest: .............................................................................................. (SEAL) Buyer PAR 60 P NSSR�tAENt NSTRU nEN7S Seller shall at his cost furnish a certificate of survey of the property at is the subject of this agreement.. The seller sha 1 arrange to have the su assist the Eagan park maintenance department set sur markers of the proper- ty. 2. It is understood that the purchase price herein is based upon V.,500 per net acre, and the total purchase price shall be based upon the'Kt acreage deter- mined by the.certificate of survey. 3. Seller shall pay all pending and levied assessments against the property in full at the time of closing. 4. As a part of the consideration herein, the seller, Thomas J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for personal use only as firewood, subject to all ordinances and regulations of the City of Eagan. This right shall expire upon the death of Thomas J. Rooney and is not transferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks notice shall be given of the seller's intention to cut any standing dead or dying trees. Notice shall be in writing, directed to the Eagan Park Department and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to examine them. The City of Eagan may deny the right to the seller to remove such standing dead or dying trees. The seller will clear and remove all resultant debris; limbs, etc. as soon after removal of the trees as is reasonably possible. In any event, the City has the first right to remove all dead or dying trees and in the event the City intends to remove all such trees, the City shall give the seller thirty (30) days written notice of its intent to remove all such trees during which time the seller shall be permitted to remove such trees as he desires. 5. The seller agrees to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the seller, including payment of reasonable attorney's fees.and expenses. Further, the seller shall acquire adequate liability insurance to the satisfac- tion of the City covering the removal of such trees and shall name the City as an additional insured on such insurance policy. 6. Eagan agrees to fence the Southerly boundary line between the property it is acquiring and the South eleven acres being retained by the seller. The fence shall be of comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the seller, his successors or assigns, shall at all times be responsible for maintaining such fence. U I .I ........ .._............ ,:-._.................Mirtn.,....,.............-..:............................. 19.:...... RECEIVEDOF,... .......... ..................... I ........ ..... -_... -........ _._.................._.._,,...-.-._..-.-_._...._.-.. the sum of .......... :_,....b'::!-...:'..............'o/Ja:...........................I......'..:.::....". ..........) DOLLARS . ..........................................as earnest money and in part payment for the purchase of property at (Check. Caah or Nate— Suite Which( _ .... y' County of. ... ...:::.':.;:..:i........................................................ State of Minnesota, and legally described as follows, to -wit: including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curmin rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in connection There- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- aror, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: ($ DOLLAr514MEHI3 buyer agrees to pay in the following manner. -1 I oney herein pard $ y and $r I..., cash, on t> .. , the dare of cl g - ...... Subject to performance by the buyer the seller agrees to execute and deliver a .... .......... ...... ................. -.... ,... ...... -.-_.-..__.... , ... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions tions relating to useor improvement of premises without effective forfeiture provision. . (c) Reservation of any minerals or mineral rights to the Slate of Minnesota. (d) Utility and drainage casements which do not interfere with present improvements. (c) Rights of tenants as follows: (unless specified, not subject to tens_ an 'will n..._........,.:m'e'na.._....,.••............. homestead etas The buyer shall pay the real estate taxes due in the year 19 `r.. C... 9ndfany unpetd�insmllments d( specielldssessmenrs'payable therewith ;md:thereafter. Seller warrants that real estate taxes due in the year 19 sification ( full, partial or non -homestead —state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession dare. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDI'T'IONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROP17R WORKING ORDER AT DATE OP CLOSING. �_ The seller further agrees to deliver possession not later than )'.� _........_ ...._. ................. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rat.[ adjustmems of-ren[s, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ... .._....�"'�r na ...'J ,.. _•.._.... .._,..._._....... .._........ ...... ........ _.... .._.. ._....._... . The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to dare to include proper searches covering bankruptcies, and Scare and Federal judgments and liens, The buyer shall be allowed 10 clays after receipt thereof for examination of said tide and The making of any objections thereto, said objections [n be made in writing or deemed To be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pendine correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 clays after written notice TO the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 daps from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property he found marketable or be so made within said time, and said buyer shall default in ;any of the agreements and continue in default for a period of 10 days, then and in that case The seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller ;md said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry, of the right of enforcing the specific performance of this contact provided such contract shall not be terminated as aforesaid, and provided action TO enforce such specific performance shall he commenced within six months :after such right of action shall arise. It is understood and agreed that [his sale is made subject to the approval by the owner of said premises in writing and That the under - Signed agent is in nu manner liable or responsible on ac'rount of this agreement, except to return or account for the earnest money paid under this cantruct. The delivery of all papers and monies shall be made at the office of: .. . ................................................. .. ...... .......... . ........... .. .. -. 1, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. .................... :.................................... -.................................... (SEAL) Seller ...... .........................._........._.......... .......... ..._........... (SEAL) Seller By... ____... _.......... .............._....................,........,...,.............,Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. ...... .................................. (SEAL) Buyer ...................................... Buyer ........................................... (SEAL) RI,iLLO:—Orfl Copy \n. 1517 h/i 1'ELI.N—Sal uycr'a y aColly l,- Copy ]t11J.ett-ll.,y l"" Vlinnuc Dolls PURCHASE AGREEMENT IllNK Buyer'r'a 11\K—Buyar'a Recclpt ........ .._............ ,:-._.................Mirtn.,....,.............-..:............................. 19.:...... RECEIVEDOF,... .......... ..................... I ........ ..... -_... -........ _._.................._.._,,...-.-._..-.-_._...._.-.. the sum of .......... :_,....b'::!-...:'..............'o/Ja:...........................I......'..:.::....". ..........) DOLLARS . ..........................................as earnest money and in part payment for the purchase of property at (Check. Caah or Nate— Suite Which( _ .... y' County of. ... ...:::.':.;:..:i........................................................ State of Minnesota, and legally described as follows, to -wit: including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curmin rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in connection There- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- aror, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: ($ DOLLAr514MEHI3 buyer agrees to pay in the following manner. -1 I oney herein pard $ y and $r I..., cash, on t> .. , the dare of cl g - ...... Subject to performance by the buyer the seller agrees to execute and deliver a .... .......... ...... ................. -.... ,... ...... -.-_.-..__.... , ... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions tions relating to useor improvement of premises without effective forfeiture provision. . (c) Reservation of any minerals or mineral rights to the Slate of Minnesota. (d) Utility and drainage casements which do not interfere with present improvements. (c) Rights of tenants as follows: (unless specified, not subject to tens_ an 'will n..._........,.:m'e'na.._....,.••............. homestead etas The buyer shall pay the real estate taxes due in the year 19 `r.. C... 9ndfany unpetd�insmllments d( specielldssessmenrs'payable therewith ;md:thereafter. Seller warrants that real estate taxes due in the year 19 sification ( full, partial or non -homestead —state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession dare. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDI'T'IONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROP17R WORKING ORDER AT DATE OP CLOSING. �_ The seller further agrees to deliver possession not later than )'.� _........_ ...._. ................. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rat.[ adjustmems of-ren[s, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ... .._....�"'�r na ...'J ,.. _•.._.... .._,..._._....... .._........ ...... ........ _.... .._.. ._....._... . The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to dare to include proper searches covering bankruptcies, and Scare and Federal judgments and liens, The buyer shall be allowed 10 clays after receipt thereof for examination of said tide and The making of any objections thereto, said objections [n be made in writing or deemed To be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pendine correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 clays after written notice TO the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 daps from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property he found marketable or be so made within said time, and said buyer shall default in ;any of the agreements and continue in default for a period of 10 days, then and in that case The seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller ;md said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry, of the right of enforcing the specific performance of this contact provided such contract shall not be terminated as aforesaid, and provided action TO enforce such specific performance shall he commenced within six months :after such right of action shall arise. It is understood and agreed that [his sale is made subject to the approval by the owner of said premises in writing and That the under - Signed agent is in nu manner liable or responsible on ac'rount of this agreement, except to return or account for the earnest money paid under this cantruct. The delivery of all papers and monies shall be made at the office of: .. . ................................................. .. ...... .......... . ........... .. .. -. 1, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. .................... :.................................... -.................................... (SEAL) Seller ...... .........................._........._.......... .......... ..._........... (SEAL) Seller By... ____... _.......... .............._....................,........,...,.............,Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. ...... .................................. (SEAL) Buyer ...................................... Buyer ........................................... (SEAL) Y \NS jRv PI'ISTRUr,dENT 1. Seller shall at his cost furnish a certificate of. survey of the property th. ' is the subject of this agreement. The seller shall arrange to have the survey assist the Eagan nark maintenance department- set survey narkers of the proper - tY 2. It is understood that the purchase price herein is based upon $4,500 per net acre, and the total purchase price shall be based upon the next acreage deter- mined by the certificate of survey. 3. Seller shall. Pay ail pending and levied assessments against the pronertv in full at the time of closine,. 4. As a part of the consideration herein, the seller, Thomas J. Rooney, shall. have the nonexclusive right to remove fallen or dead trees for personal use only as firewood, subject to all ordinances and regulations of the City of Ea?an. This right shall expire upon the death of Thomas J. Rooney and is not transferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks notice shall be given of the seller's intention to cut any standinE dead or dying trees. Notice shall. be in writing, directed to the Eagan Park Department and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to examine them. The City of Fagan may deny the right to the seller to remove such standing dead or dying trees. The seller, will clear and remove all resultant debris, limbs, etc. as soon after removal of the trees as is reasonably possible. In any event, the City has the first right to remove all dead or dying trees 1 and in the event the City intends to remove all such trees, the City shall Dive the; seller thirty (30) days written notice of its intent to remove all such trees during which time the seller shall be permitted to remove such trees as he desires. 5. The seller nGrees to hold the City harmless from any claims or causes of action on behalf of anv person that may arise in any way from the removal of such trees by the seller, including payment of reasonable attorney's fees and expenses. Further, the seller shall acquire adequate liability insurance to the satisfac- tion of the City covering the removal of such trees and shall name the City as an additional insured on such insurance policy. 6. Eagan agrees to fence the Southerly boundary line between the property it is acquiring and the South eleven acres being retained by the seller. The fence shall be of comparable quality and construction as that provided by the Eapan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the seller, his successors or assigns, shall .,1 at all times be responsible for maintaining such fence. OFFICE OF LOCAL AND URBAN AFFAIRI3 MINNESOTA STATE PLANNING AGENCY • CAPITOL SQUARE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE (612) 296.3091 March 2, 1979 Ms. Barb Schmidt Park Director 3501 Coachman Road Eagan, Minnesota 55112 RE: 27-00861 Patrick Eagan Park City of Eagan Dear Ms. Schmidt: Enclosed are two sets of forms which must be reviewed and signed by the landowner during negotiation as requested. Sincerely, P n Peter W. Klose Project Officer Parks and Recreation Grants Section PWK: PP Enclosures AN EQUAL OPPORTUNITY EMPLOYER pO gAUL H. HAUGE & ASSOCIATES, PA ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 56122 PAUL H. HAUGE BRADLEY SMITH March 7, 1979 Mr. Thomas Rooney E3—ant)- 930 — Ea122 Dear Tom:O AREA CODE 612 TELEPHONE 4544224 I am enclosing a copy of the appraisal that was done by Gordon E],mquist and Associates, Inc., that I indicated I would send to you when we met with Barbara Schmidt. At that time, we discussed several issues regarding the suggested acquisition of. about 19 acres from you North of the Caponi land adjoining Patrick Eagan Park. There is access to the'property from the west and it is possible that access from the North from Deerwood Drive is not necessary. However, Babara will be looking into the possible necessity of having access from Deerwood Drive as a connecting link and we hope to let you know this within a short period of time. In addition, she is looking into the possibility of moving the South line of the property and also adjusting the North line adjacent to the property that you sold some time apo. After you have had a chance to look at some comparables and the Park Committee has had a chance to review the proposed adjustments of the park lines, possibly we can get back together and finalize the location. You indicated that you had a survey of the whole parcel and I would appreciate if you would send a copy to me. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt 3-1161-7-7 1Ao � �1 / CM P� R��-`� 9 0 Fc) t-1 PROPERTY SURVEYSSUBDIV• • DESIGN TOPOGRAPHIC IIMAPS C.R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 March 21, 1979 Ms. Barb Schmidt City of Eagan 3501 Coachman Road Eagan, MN 55122 Dear Ms. Schmidt: Enclosed are two prints of the certificate of Survey for the Thomas J. Rooney property in Section 22 in Eagan, Minnesota. Very truly yours, C. R. WINDEN && �AS,S-O_C-IIATTEES, INC. Rodeny H. Halvorson RHH:es enc. 1 C.:rG. a �� G�... � I it't.l.Lt• F• � lr Ci U� L �"2-�•.4�/C �.L�C,%-.i iJ'�' f• :.a�.::= ��"V ��'P�G� /J ti, �'-/.•-... �I 'Croai•�• ( l.;I tt;?..,_<<..r.-.L.-;o ✓, •P^..C..!.• � c/.4.e:.., i �L.t,�,.. pct �: .; rf�1•P PAUL H. HAUGE BRADLEY SMITH *AUL H. HAUGE & ASSOCIATES, P. ATTORNEYS AT LAW 3608 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 March 23, 1979 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 Dear Tom: AREA CODE 612 TELEPHONE 454-0224 I am enclosing a proposed purchase agreement encompassing the items that you and Barbara Schmidt and I talked about when you were last in on March 16th. You mentioned that you would be back during the week of March 26th and we have set a meeting again at my office for Wednesday, March 28th at 8:30 a.m. Please review the purchase agreement and then we can discuss the agreement in more detail when you meet with us. PHH:cdg enc. cc: Barbara Schmidt Very truly yours, Paul H. Hauge 16 0 /VL r R'111Tl—Office Copy Vn. 1517;¢ i YELLOW—Buyer's Cnpy GREEN—Scller's Copy \IILI ER -DA \'15 Co. 1'INR—Buyer's Receipt + MinneapolisRCHASE AGREEMEN .................. E.AMMan..... _........... ...Minn.. _... _...... March ..29...................., 19...79. RECEIVED OF....City of Eagan the sum of.....Five..Hundred............................5.00...0.0 .DOLLARS............................................ check „as earnest money and in part payment for the purchase of property at (Check, Cnxh, to be deposited upon acceptance, or Note— Stab W h1e6) ... 3.0 ..................................... ..........................................................situated in the . County of ....Da,kota alstd�gofS°ws, to -wit: The South 1251.13 feet- 'or- twe th"Y'�91gaTff eo 'We1 e the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, ranks, stokers and ocher equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land all of which property the undersigned has this day sold to the buyer for the sum of: .Eighty-f.ive,.,Thousand„Fiye,.Hundredand no/100-----------7777-- .($ 85.r..... 500...00..) DOLLARS, ... .....................................-............ which the buyer agrees to pay in the following manner: 1979, Earnest money herein paid $ .500.00.._...... and $....$5,000.00 cash On ..or... before April 15 t the date of closing. 1. Sellers shall pay all assessments for improvements presently in and servicing the property. 2. As a part of the consideration herein the Sellers, Thomas J. and Barbara J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for their personal use as firewood, subject to all the ordinances and regulations of the City of Eagan and applicable statutes and regulations of the State of Minnesota. This right shall expire on the death of the survivor of the Sellers and is not trans- ferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks' notice shall be given of the Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Depart- ment and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to locate And examine them. The City of Eagan may deny the right to the Seller to remove the trees in the event they are not dead Subject to performance by the buyer the seller agrees to execute and deliver a _... ..___ _.. ..... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision, (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tr�8(hdareies) The buyer shall pay the real estate taxes due in the year 19 .BU .AAXKPPW alhwft. Seller warrants that real estate taxes due in the year 19 8 will be _.. non homestead classification (full, partial or nun -homestead — stare which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. dg to Of closing The seller further agrees to deliver possession not later than provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, ac the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents}} interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ._.. .date oL closing .. __..... .. _. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tide, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments anti liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections uh be made in writing or deemed to be waived. If any objections are so made the seller shall he allowed 120 days in make such tide marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of tide and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the dute of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for it period of 10 days, then and in that eau the seller may terminate this contract anti on such termination all rhe payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made .subject to the approval by the owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at the office of: ................ .................... —.............. ,.............. ................... ... P.aul..8....Hauge..and..Assnciates,..P..A._....... ....... ....................................... ................. I.. ... __._,.._... _.... ., 3908 Sibley Memorial Highway ................. Agent By........................................................................ $bove a r ed$�BSt0�Se thrT]-oy land, do hereby approve b p pro try for the price and the above a regiment and the sale there y made. 1 herebyagree to purchase the said b upon the terms above mentioned, and s i iea to all conditions � herein expressed. CITY OF EAG .......... . ..........:`.4�i1.......... _.... ... ...........(SEAL) By: Thomas J. Boone ller e... d...., �/�j�<.............................(SEAL) h Attest: �e (SEAL) ...... �.... er ........... ...................(SEAL) ............................. Gl...._... �-�............... Barbara J. Rooney iii Bever V/ or dying. Seller will clear and remove all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notification period, the Sellers shall have the right to remove said dead or dying trees. The parties may waive the strict provisions of this paragraph by written agreement. 3. The Sellers agree to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the Sellers, including the payment of reasonable attorney's fees and expenses. The Sellers shall include the City of Fagan as an additional insured upon the Sellers' liability insurance policy for the liability assumed hereunder in an amount of $300,000/$300,000 on a standard form personal liability insurance policy and furnish a copy of said policy and certificate of said insurance to the City. 4. Eagan agrees to fence the Southerly boundary line between the.paroperty it is acquiring and the South 1l± acres being retained by the Sellers. The fence v' shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Sellers, their successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the closing. 7. Each party will pay one-half of the surveyor's costs which will include setting iron pipe monuments at the corners and setting red flag lath at approxi- mately 200 foot intervals around the perimeter of the land being purchased by .the City of Eagan. STATE OF MINNESOTA SS. COUNTY OF RAMSEY The attached instrument was acknowledged before me this 29th day of March, 1979, by Thomas J. Rooney and Barbara J. Rooney, %hu band and wife. LA 221 I �LSo.J Public 5p LARRY NEILSON j = NOTARY -PUBLIC - MINNESOTA STATE OF MINNESOTA 25$ RAMSEY COUNTY ' My Comm. Expires Dec. 10, 1982 vvvwwvv�n SS.. nn,,. " COUNTY OF DAKOTA The attached instrument was acknowledged before me this 3rd day of April 1979, by Leo Murphy and Alyce Bolke. Mayor and City Clerk of the City of Eagan, a municipal cor rati Notary Public ,I t a '.WHITp}--Ottice Copy f No. ISItill, �'rl I YFLLA Buyer's COPY il' �i 11�� ,. 'GREEN-9e11erb Copy •: MILLER•DAVIS Co. I - PINK—Buyer's it"Ipl.. hrinaeapnlle '0JR' ASE AGREEMEN f ' Satin' Mercer %�j 79 ...............................L....Mmn, ';!r Z...., 19..... , RECEIVED OF City of Eagan - ................ ) DOLLARS __ __.. vsve:xun>sred �t�cd noltov soa.00 the sum of ... ..... . ohobk:... (3 ...... r :. ..as I earnest money and in part payment for the purc*e'of property at (Cheek. Cmh. to bo V. ...... ........ ..DaiSOte.....:...:..........::........................:... �. .....::... . .�:.. .....situated in, the .. County of .................. ...::.., State bf. Minnesota; and legally described as follows, to=wit-. ..I,. .......... fincluding all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, fighting, fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with *any burners, ranks, stokers and otter equipment used in connection there- with), water softener and liquid gas rank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air, conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land r` .................................................:.................... n�....�....................... ghThic g i�out&a� rive tm at, and to er for the sum of: " gg�S00.00 hic th .. e nod t tc ... ......: (_........ ` DOLLARS, which the buyer tees to a e .(wowing man g ., Y 8 pay `9�. - a' a by E an, ;000 or before April 19 L�ilnes8�f44YxheH449P4'dp 'aril aBae(�trta or ^� t��sing. 5.�_ the property. 2. An a part of the �cen�aidion here n the Sellers, Thomas J, a BarbaraRooney, shall haysive right to remove fallen or dead trace for eir personal use asevood, subject to all the ordinances and regulations.of the City of Eag This right shall aspire on the death of tbo survivor of the Sellers and is not transferable or assignable. NOtiotiee•shall be required of the removal of fallen traria but two weeks' notice'shall be given of that Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Dopartment and.`shall sufficiently describe the trees r g intended to be felled so as"to tunable the Sagan Park Department to locseo and Crl alDvnnt no t1onu. The City of Eagan may deny the right to the Bnllnr to remove the I:oA� Hf,1T ane in the event they are n6t dead or dying. ,Seller will clear and remove lr all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty (60) days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notificat on period, the V� Sellers shall have he right to remove said dead or dying trees. _ �. �.��Z,�' (Y-�.� � �l./¢Ni-.t—n--.:- a e -p / lnO--�� !/-.,fJ- � •'7f''� � Gr% 3� The Sellef-jagrees to hold the City harmless"from any claims or causes or. action on behalf of any person that may arise in any way from the removal of such trees by the Seller, including the payment of reasonable attorney's fees and expenses. The Seller shall include the City of Eagan as an additional insured upon the Sel liability insurance policy for the liability assumed hereunder in an amount,of $300,000/$300,000 on a standard form personal liability insurance companx"..and., furnish a copy and certificate of said insurancer/j f— �c�� 4. Eagan agrees to fence the Southerly boundary line between tiie property it is acquiring and the South ll-:racres being retained by the Sellers. The fence shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Selle{ his successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the losing. 14 t - ' ICI STATE OF'M ESOTA(' SS. COUNTY OF r The attached instrument was acknowledged before me this,2E ay of March, 1979, by Thomas J. Rooney and Barbara J. Roongya, husband and wife. Fill "I M\\!FA'f7�fl! 5 , ', ., LARRY NEILSO NOTARY PUBLIC - 111! 11 Qotary Public ,'v,, ti. onenecv MI NTY .•..___ WI IITI-Offlrr Copy ]'n. 1517 tF- 1'I{ILr IK'—I hq'rr•x Copy .ItP.I:\—Srllrr'x Copy' .\II I.LI•:II-UA\'IS 1: n. PINK—n W'crx IWeript "'°°°' °"x OJRCHASE AGREEMEN'S .................. Eagan ........ .............. Minn .,........... March...29....... ........., 19 79 RECEIVED Off..... City of Eagan the sum of... Five. Hundred and no/100----------------------------- 500.00 .................................... (S .._ ) DOLLARS check as earnest money and in part payment for the purchase of property at (Check, Cxxh, W be deposited upon occaptance, or Nato — State Which) 12.35_,County..Road..3Q ................................... I .... ....................... .-.... -.................. ... .situated in the County of....... Dakota gra f in eso 1 I el ( ws, 10 -wit: The South 1,251.13 feet of "tTie"NoiEli"1:;911.f3° feed o�''thi V'e�t �fl��2i %�% the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, wind()% - shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixrures and bulbs, plumbing fixtures, hot water tanks and heating plant (wilh'any burners, ranks, stokers and other equipment used in connection there- with), wirer softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: Vacant Land all of which property the undersigned has this day sold to the buyer for the sum of: Eighty-five. Thousand „Five .. Hundred „and no/100----------------- 85 500.00 .......................................................(:.......r............. )DOLLARS, which the buyer agrees to pay in the following manner: 1979, Earnest money herein paid $..500,.OQ......... and f....85 r000.00 cash, on or before April 15, the date of closing. 1. Sellers shall pay all assessments for improvements presently in and servicing the property. 2. As a part of the consideration herein the Sellers, Thomas J. and Barbara J. Rooney, shall have the nonexclusive right to remove fallen or dead trees for their personal use as firewood, subject to all the ordinances and regulations of the City of Eagan and applicable statutes and regulations of the State of Minnesota. This right shall expire on the death of the survivor of the Sellers and is not trans- ferable or assignable. No notice shall be required of the removal of fallen trees, but two weeks' notice shall be given of the Sellers' intention to cut any standing dead or dying trees. Notice shall be in writing directed to the Eagan Park Depart- ment and shall sufficiently describe the trees intended to be felled so as to enable the Eagan Park Department to locate and examine them. The City of Eagan may deny the right to the Seller to remove the trees in the event they are not dead Subject ro perfonnanm by the buyer the seller agrees to execute and deliver a ... .. ._. Wauanly Deed (n) be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions (a) Building and zoning law's, ordinances, Stam and Pederal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rigbrs of tenants as follows: (unless specified, not subject to t1tlpmics) The buyer shall pay the real estate taxes due in the year 19 . �3t1 ,1 a, Seller warrants that real estate taxies due in the year 19 6 will be ..,... .._ ._, n._.....,...,.._...... homestead c'la+silirarion ( full, partial or non -homestead —state which ) Neither the seller nor the seller's agent make any representation tut warranty whatsoever contenting the amount of real estate taxes which ..hall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely widlin the boundary lines of the property and agrees ul remove all peso n l property not included herein and all debris from the premises prior w possession date. SELLER WARRANTS ALL APPLIANCES, BEATING. AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER i-ORKING ORDER AT DATE OI' CLOSING. The seller further agrees to deliver possession not later than date of closing provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closet) on or before 60 days from the date hereof. In The cvenr this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at rhe purchaser's option, and all monies paid hereunder shall be refunded to him. -File buyer and seller also mutually agree that pro rata adjustments of rents interest, insurance and city water, anti, in the rise of income prop(ny, current operating expenses, shall he made as of .date ok closing - ..... The seller shall, within a reasonable tins after appwvxl of this agreement, furnish an abstract of tide, tar a Itc-6,mred Pruperq- Ab,traa certified to date w include proper searches covering bankruptcies, and State and Federal judgments and liens. The boyo shall be allowed 10 •lays :dace rcu'ipt thcrenf for examination of said tilt and the making of any objections thereto, said objections o, he ns.lde in "'Tiring or deemed to be ";hived. If any objections art- so inaJe the seller shall he allowed 130 Jays it, make such title nurker,iLle. pen ling coro,don of ride the payments hereunder required shall he postponed, hitt upon correction of tide and within IO Jays after written nori,e m The buyer, rhe parties shall perform this agreement aanrtling to its cerins. If said title Is not marketable and is not made so within 120 days from the date of written obicctionx thereto as above provide.. This agreement shall be null anti void, at option tit file buyer, and neither prin6pal shall he liable for damages hereunder To Ill,- other prim,pal. All money rh,mofurc pair) by the buyer shall be refunded. If due ride u) said property lie found marketable or he sit made widlin said time. and +aid buyer shall default in any of the agrecmems and continue in default for a period of Ill days, Then and in that case The seller ntay tvrininate this cunrracr and on such termination all rile payments made' upon this contract shall be retained by said seller and +-yid a,:em, . flit it respective i nerests may appear, as liquidated tamales, rim(. bring of the essence bcrtol. )'his provision shall nor deprive ruhar l),,rty ,d the right nl cuforting the spttific performance of This cuuoan provided wdh ,,Duna .+ball Ani be wnninatel as alore,61..o,.I pr,sol"J oo'n u, enf,mv such spvcilic performance shall be tommenfed "'irhiu six oumrhs after suth righr of anion sb.Jl uio' It is undcn.onnl and agreed that this sale is made subjtst of abs approval by the ow'nrr of said premises in "'ruing and that file under- si,pmal spam is in no manner liable or respomiblc on auounu of this agurmem, extept to Tenon or auomt for the earnest money paid under this,onusO. The delivery of all papers and monies shall be made at the once of: — ...................... I ............ . _. ............. .... ....P.aul..H....Hauge..and..Associates,. P.A....................................................................... 3908 Sibley Memorial Highway By......................................................_.............,. . ......... .. Agent $a�e ou� tnient an the ale therebyve land, do hereby approve The above arrca•nu•nt and the sale thereby made. I 1 hereby agree to purchase the said property for the prim and (SEAL) Thomas J. .:G't! ................ ...................(SEAL) Barbara J. Rooney upon upon the terms above mentioned, and subject to all conditions herein expressed. ITY OF EAG AN. �........ ........................ Attest: _..._... _.............. ..................................................................(SEAL) Buyer or dying. Seller will clear and remove all resultant debris, limbs, etc. as soon after the removal of the trees as is reasonably possible. In the event the City intends to remove dead or dying trees, the City of Eagan shall give the Sellers sixty days' written notice. The notice shall specify the trees intended to be removed with sufficient particulars to enable the Sellers to locate them. During such 60 day notification period, the Sellers shall have the right to remove said dead or dying trees. The parties may waive the strict provisions of this paragraph by written agreement. 3. The Sellers agree to hold the City harmless from any claims or causes of action on behalf of any person that may arise in any way from the removal of such trees by the Sellers, including the payment of reasonable attorney's fees and expenses. The Sellers shall include the City of Eagan as an additional insured upon the Sellers' liability insurance policy for the liability assumed hereunder in an amount of $300,000/$300,000 on a standard form personal liability insurance policy and furnish a copy of said policy and certificate of said insurance to the City. 4. Eagan agrees to fence the Southerly boundary line between the paroperty it is acquiring and the South Ili acres being retained by the Sellers. The fence shall be comparable quality and construction as that provided by the Eagan Park Department for Anthony Caponi on land to the East of the subject land, and shall include one gate. The City shall have no responsibility for maintenance or replacement of the fence after it has been built. Eagan shall have three (3) years to construct said fence and the Sellers, their successors or assigns, shall at all times be responsible for maintaining such fence. 5. Sellers warrant that the above legal description contains 19 net acres. 6. The covenants contained in this agreement shall survive the closing. 7. Each party will pay one-half of the surveyor's costs which will include setting iron pipe monuments at the corners and setting red flag lath at approxi- mately 200 foot intervals around the perimeter of the land being purchased by the City of Eagan. STATE. OF MINNESOTA SS. COUNTY OF RAMSEY The attached instrument was acknowledged before me this 29th day of March, 1979, by Thomas J. Rooney and Barbara J. Rooney, 7h up. band and wife. a,J ary Public LARRY N NOTARY PUBLIC IC - MINNESOTA STATE OF MINNESOTA RAMSEY COUNTY My Comm. Expires Dec. 10, 1932 SS. rVVVVVy w .n/VVVVVWVVWVVWV0■ COUNTY OF DAKOTA The attached instrument was acknowledged before me this 3rd day of April 1979, by_Leo Murphy and Alyce Bolke. Mayor and City Clerk of the City of Eagan, a municipal cor rati Notary Public C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645-3646 For: 1381 EUSTIS ST., ST. PAUL, MINN. 55108 THOMAS ROONEY Sourri /"g,- o/' /9//-/3/;- O;" YY/a o; °EI4 C0&V21Rod No. 90 _ 66787 /1,9905a 0i" w M Saufh //n e or SE%¢ o -f c 2? T? 2 1?23 DESCRIPTION OF PROPERTY 9co%: /"/00 Mol -ch /979 The West quarter of the Southeast quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota except the North 1911.13 feet thereof. 1 hereby certify that this survey, plan, or report VM prepared by me or under my direct super- vision and that I am a duly Registered I -and Surveyor under the laws of the State of Minn- esota.�y z/ 0 Date i-29-79 Reg. No. /a9'<'% Survey — Drawn AfliQ( Checked -_----Approved 1 C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645.3646 For: 1381 EUSTIS ST., ST. PAUL, MINN. 55108'/ 'h THOMAS ROONEY South /ine us /orr6'6'D �'� 660.88 1169 °49'/6"'W i r I 0 �d h l4 00 Scale: /"/00' CIV e /Ylorch /979 Q, I i 1 t CL H m a U T� Xr e Y P v=e> g gg PPS �7 >� G U 9ourh iii�e a� Narfh 1911-13 F'/ o' WZev 0/' SE% a/' S'ec' PP DESCRIPTION OF PROPERTY The South 1251.13 feet of the North 1911.13 feet of the West quarter of Southeast quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. C.R. WINDEN & ASSOCIATES, INC. SKETCH AND DESCRIPTION LAND SURVEYORS Tel. 645 •3646 For 1381 EUSTIS ST., ST. PAUL, MINN. 55108 THOMAS ROONEY No-rfi iine O,�" SEs of S'ec <P 290-02 Deer ry000 Drive 9 YX.A!98 IV&9V3'/6, "lly Soufh /ine O.r /YOrY/7 06b j'! c° DESCRIPTION OF PROPERTY Sco 16" / "_ /00' Mol -ch /979 The North 660 feet of the West auarter of Southeast quarter of 'Section 22, Township 27, Ranae 23, Dakota County, Minnesota, except the East 330.20 feet thereof. 1 hereby certify that this survey, plan, or report was prepared by me or under my direct super- vision and that I am a duly Registered Land Surveyor under the laws of the State of Minn- esota. y Date 3 z> -%i Reg. No./0917 Survey _ Drawn 44/.-/ Checked Approved SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 March 30, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is Purchase Agreement which has been executed by Barbara and me and which has been notarized. Would you please have this contract executed on behalf of the City of Eagan and return me the original copy together with the earnest money recited in the Purchase Agreement. The Surveyor has given me an estimate that the surveying cost will be between $450 and $650. He will not give a firm quote because of the possibility that he may encounter some unusual con- ditions in the field. Mr. Winden told me that the likliehood of exceeding his estimate would be only one chance in a hundred. The work the surveyor will do includes monumenting the iron pipe,monuments at the 4 corners of the property the City is purchasing and setting red flag lath.at the appropriate intervals. It also includes setting 2 iron pipe monuments dividing the 2 - 5 acre tracts to the north of the property the City is purchasing and removing the monuments which formerly set Tom Bergin's line. Certi- ficates of Survey are also included. Yours very truly, THOMAS J. ROONEY TJR/br / Enc. �'- _ -3 - '% cc: Chuck Winden /J // LEO MURPHY MAYOR THOMAS EGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBERS Mr. Tony Caponi 1215 County Road #30 Eagan, MN 55121 • CITY OF EAGAN 372E PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454.6100 I.m¢al March 30, 1979 RE: Patrick Eagan Park Dear Mr. Caponi: THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLK! CITY CLERK The City of Eagan entered into an agreement with you on concerning the construction of a fence separating the South line of Patrick Eagan Park and the North line of your property lying Northerly of County Road #30. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terrain and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED: THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. 0 0 MINNESOTA CENTRAL C R E D I T U N I O N 577 UNIVERSITY AVENUE* ST. PAUL. MINNESOTA MAILING ADDRESS: P.O. BOXXWW • ST. PAUL. MINNESOTA 55165 3068 April 2, 1979 Mr. Paul H. Hauge, Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 RE: Thomas J. Rooney Mortgage Dear Mr. Hauge: Telephone 222-6574 This letter is being sent to you upon the request of Mr. Thomas J. Rooney. As of April 2, 1979, the principal balance on his real estate mortgage with us is $43,337.31 and the per diem interest is $9.50. Should you require further information, please contact us. GAL/mak cc: Mr. Thomas J. Rooney G. yours, -Manager MEMBER MINNESOTA LEAGUE OF CREDIT UNIONS ... CUNA INTERNATIONAL, INC. 'Jaw.. THIS INSTRUMENT, WHEN SIGNED CITY OF EAGAN BY THE TREASURER, SHALL BE- COME A CHECK PAYABLE TO THE 3785 PILOT KNOB ROAD ORDER OF THE PAYEE NAMED FOR O O 645 EAGAN, MINNESOTA 55174 THE AMOUNT STATED. MID AMERICA NAT'L BANK EoBan, MhmocGto 8 lhr�':�•1:, fA.1?ir,� ..i•e`-• ,e r. .. v(a l�.' ww CHECK NO. PAY TO THE ORDER OF DATE CHECK AMOUNT THOMAS ROONEY rAPRIL 39 197 7 er ^ f' r.. :Y TREASURER 1:0960111 bt, 291: b b1110 b0 2 21" 070000050000111 0 ... r. - A `r /% 3 FRS HoonPAT APT S5" /.7 . a 4b APfP 0 a APR M 02 P.• t.r A\ Leh 11.0 r4 - n 3is 0 A k Ucrest—t. :. m' o cy NO America $tate '® Cc 0 3 a �. Bank i (L Q ST. PAUL, MN, n .., q I PAUL H. HAUGE & ASSOCIATES, PP ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TELEPHONE 4544224 April 4, 1979 Mr. Thomas Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 RE: City of Eagan - Thomas Rooney. Dear Tom: I am enclosing a fully signed copy of the purchase agreement between the City of Eagan and you together with a check from the City in the sum of $500 as earnest money. Please forward the abstract and the survey to me so that we can prepare to close by April 15th. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt P.S. It is understood that the exact location of the fence may vary from the South line of the City property in order to accommodate existing trees and terrain. 0 0 City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Date: April 4, 1979 City of Eagan 3795 Pilot Knob Road SPECIAL ASSESSMENT SEARCH Eagan, MN. 55122 RE: Attention: Paul Hauge t Parcel 10 02200 010 86 (,Thomas s J. Rooney) Enclosed herein is the search which you requested made on the above described property: Kind of Improvement Rttns beginning Original Amount Balance Du-- NONE uaNONE I further certify that according to the records of said office, the following improvements are contemplated or pending after having been approved, and are now in the process of planning or completion. Kirit of Improvement Approxi:nato date cr Completion Approximate Cost NONE "JAIVER: Neither the City of Eagan nor its employees guarantees the accuracy of the above information which was requested by the person or persons indicated. Nor does the City of its employees assume any liability for the correctness thereof. In consideration for the supplying of the indicated information in the above form, and for all other consideration of any nature whatsoever, any claim against the City of its employees rising there from is hereby expressly waived. Levied assessments to be paid to the County Auditor at Hastings, Minnesota 55033. Very truly yours, SPECIAL ASSESSMENT DEPARTMENT /s/ Ann Goers Assessment ClLIZ—."` Wane`S. Boca 11 S. Minneapolis 2053—Partial Release of Mortgage. •Form No. 53 a minvics.t. rm Conveyancing Blanks By Corporation 0 3knobi 211 ;Men kv tbra 3prezent!9, That the undersigned, a corporation under the laws of the State of .......... !AAnPA2t§ ................. owner of the mortgage hereinafter described, for a valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the tract........ of land lying and being in the County of ................ Pako.ta ................................ I State of .411nnesota, described as follows, to -wit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. from all claims and liens of and under that certain mortgage, dated the .................17th_____....._...................... day of -...........Lune . ................................... 19.1.4.., executed by ........ Thomu..R..3eT&:Ln ..and, Lee. .A.n.n ..Bergin, .husband ..and "wife -........................................ ...... . .. ... .. ..... .. ...E�st Produce State waikRMinneapo1i- a as mortgagor.... to .... .................................................................... .................................................................................................................................. as mortgagee2nd.. filed for record in the o)�cj of the Register of Deeds in and for said county on the u 74 ................. ....... ............... clay of.......................... uy ............. 1 19........, and recorded in Book Dak 03746 .... .............. ..... Jt .......... covering the above described and other land. it 0 3n Zatimatip Mbered, The said corprration has caused these presents to be. executed in its corporate name by its ............................ President, and its .................... ....................... and its corporate seaLlo be hereunto afflxed this....! ��/ .......day of ...... . April / 'j .. ...................... 19......... 6tate of Ann"Otat 188 County of. .44NNEPIN FIRST PRODUCE STATE BANK ............................. ...... . ...... .... .......... ** ........................ By.. ............................. .................... The foregoing ins r ment was acknowledged before me ft ........ �9 this.....'.... day of ............. . ....... \ )9......79. 9 -sr by- ..... (NAME OF OFFICER OR ADEN TITLE OF O ICE OR AGEN(T�) and b,,i� .... . ...... Ca_ INA •Pia OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT) of ...... F.Ir'st ... P.T.P.d. P.c..e.. S.t alte . Ban.k.... . I ...... ......... .... ........ ................... (NAME OF CORPORATION ACN.NOWLEDGING) Minnesota a............... .........,.,,.I sLA R AT 1 N IATE OR CE 0F INCORPORATION) THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney 1170 Northern Federal (Name) Bldg. St. Paul, Minnesota 551AW sera) corporation, On behalf of the corporation. ............. .. ERSON TAKING Al__OWLEDG N 17','?). A. (TITLi dR,RANK). (Reused 1976) Pmm Ne. 67 7536790 Doc. No --- — ---------- ------- - Partial Release of Mortgage 13Y Corpom6en TO Office of County Recorder • Optale Of Ainntgota County ofDA.KOTA.,.,...._....__..._..........,} I hereby certify that'the'within Deed rvas f this olftcs,� �F:o on the z -emj . Y� .... ...... -1 7a t. !ock ..... ... 4f ....X., and was duly recorded in Book ....... ....... A COUNTY RECORDS of DeedsDo. T ... ................... or..................__..... E].reroxed GkMicroftImed and was duly reeUrded as'i rument No........... ......... ............................. JAMES J"fFouyms r, 'e --o- der. - By ---- -7�O ........... De L I Welter S. Sae1S • Sen. LtlewDel), 4003—Partlal Release or Mortgage. Form No. 53 By Corooratlon Minnssou Tm Conveyancing Blanks Anow Of[r Ben by tbege jreantfSt That the undersigaed, a corporation under the laws of the State of......... Minnesota................I owner of the mortgage hereinafter described, for a valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the tract......-. f Dakota _,_____„. State of alfinnesola of land lying and being in the County o .................................................... , described as follows, to -wit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 33, Township 27, Range 23, Dakota County, Minnesota. from all claims and liens of and under that certain mortgage, dated the.................11 11th ................................. day of. .......... June .................................... 19-1.4.., executed by ........Thnmas..ltA..T.ergi n.. and. Lee- Ann.. Bergin, .hushand..8nd..wi£e..........................................'-•----"-"--R1............................... ........................... •- ............. ... ......... .... ... ..... First Produce State Bank of Minneapolis asmortgagor.... to ............ ............ "..........._............................................._................................_...... ..._- as mortgagee....__, filed for record in the of of the Register of Deeds in and for said county on the ......2nd...............day of......•.........- _.! y ..............1 19.74.., and recorded in Book Dak.-..G ......lieCCFti& @..DPC..�if�..57Gcovering the above described and other land. Atate of 31ttinne0ta, County of ........ ]RK N[VEPIN The foregoing day of. 31n Wesltimonp Mbereof, The said corporation has caused these presents to be executed in its corporate name by its ............................ President, and its..............................................and its corporate seal tto be hereunto affixed this................clay of• ...... A.F.ril............... 19..79' FIRST PRODUCE STATE. BANK............_........ was acknowledged before me by ....... t::Z:: .'V .:......... �..N.�.......... :......... INAME_OF OFFICER OR and OF OFFICER OR AGENT 79 2 TITLE OF OF ICE OR AGENT) \i ..45.......... "....................................................... s1.?.:.x....:..-...� . TITLE OF OFFICER OR AGENT) First Produce State_. Bank.. of ............................... INASIE OF CORPORATION ACKNOWLEDGING) Minnesota ............. ...._........._.._.........cor oration., wa behalf o the corporation. a.......................................................... P f f P (STATE OR PLACE OF INCORPORATION) I��� �t© J (SIGNATURE OF PERSON TAKING AC” OWLEDLA NT) (TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney 1170 Northern Federal (N-9) Bldg. St. Paul, Minnesota ,,,,i STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollars ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. have been informpd\goy rights under P.L. 91-646. Thomas J. Rooney Dated: 7 CITY rOF EAEAGAN B : / - Leo �M%uurphy, May Attest: 11 e. Alyce tolke, City Clerk Dated: To: Thomas J. Rooney PROJECT NUMBER 27-00861 1170 Northern Federal Building COUNTY NAME DAKOTA Sixth and Wabasha PARK NAME PATRICK EAGAN PARK St. Paul, Minnesota 55102 PARCEL NUMBER 10-02200-010-85 10-02200-010-86 WRITTEN OFFER TO BUY The City of Eagan hereby submits to you an offer of Eighty-five Thousand Dollars ($85,000.00), which amount is its appraised fair market value of the above re- ferenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the en- tire appraisal. Also attached is a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchant- able title. This letter is furnished to inform you of your rights in this land acquisition. It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, CITY OF EAGAN Alyce olke, City Clerk Receipt is acknowledged of the letter known as Written Offer to Buy. Time WHILE YOU WERE OUT Of Phone No. TELEPHONED EASE CALL L •WAS IN TO SEE YOU WILL CALL SACT( WANTS TO SEE YOU URGENT RETURNED YOUR CALL V NV Message T41A?=r W* BRAND No. 01461 A QUALITY PARK PRODUCT tt tl (? /Yd 2so 7 LIL u 5 � C6l� Y6 -(o y c3� SL,/j ..........• 3 --- ---------- • r. . . ... . .. . . . . - - - - - - - - - - - ti . . . . . . . . . . . . . . .. . . . . . . .. ... . . . . .... . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1": al Form PJo. 27- — - — nB.�.C. r � a,, ka Kb` This den Made this------21st-------day of---- ARE11 _-____ 79__ ---__-_, 18_ T omas R. Begin and Lee Ann Bergin husband and wife, 'between--------------------------------------� -_husband wiK ------------------- also known as Le Ann Bergin, i Dakota Minnesota of the�oxnty of------------ ----------and State of---------------------------- yart--- es—of the first part, and_____—__ Thomas J. Rooney_-_------------------- -------------------------------------------------------------------------- of the County of__—_—Dakota________—__and State of_____Minnesota _—---------- ---- part --- Y_—of the second part, WITNESSETH, That the said part_�es------ of the first part, in consideration of the Burn of to------ cnemin hand paid by the said part --- Y --- of the second part, the receipt whereof is hereby acknowledged do_—_-Aweby Grant, Bargain, Quitclaim, and Convey unto the said part --Y ----- of the second part,- 1 i1_ eire and assign, Forever, all the tract --------or parcel --------of land lying and being in the County of ------ Dakota ------------------------and State of Minnesota, .described as follows, toaoit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 33, Township.27, Range 23, Dakota County, Minnesota. This deed specifically releases all easement rights S( eaA� State Deed Tax $ 2.20 TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances 'thereunto belonging or in anywise appertaining, to the said part -Y -----of the second part, --his _heirs and assigns, Forever. IN TESTIMONY WHEREOF, The said part- ies --of the first part ha_°e hereunto ,t_—their -- hand_ s _the day and year first above written. I% Presence of � z1 . -- Thomas-f:-Beigin------------ -------7'L -- miB— -t-------- -- ------------------ ---=- ---- -------------- — ------ -- — ------------ ---- at.im Form Ns 17N Doc. No— QUIT CLALM DEED IndfAdml to Individoal Thomas R_ BergiD-AIL(I JAQQ-AM--- Bergin, husband and wife. ----------------------------------- To Thomas -J. -Rooney ----------------- --------------- Office of Register of Deeds, State of Minnesota, County of------------------------- 1 hereby certify that the within Deed was filed in this office for record on the ---day of --------------------- 19 ------ at -------- o'clock -------- M.. and was duly recorded in Book ----_-__ of Deeds, page --_-----. ----------------------------------- Register of Deeds. By-------------------------Deputy. Taxes for the year 19_--, on the lands described within, paid this ----------- day of ---------------------r JO ----- ----------------------------------- County Treasurer. By-------------------------Deputy. Taxes paid and Transfer entered this ---------day of ------------------- 19_____. ----------------------------------- County Auditor. By-------------------------Deputy. to r w 1, GQv W m m O rt p C Ln L, r c r N C N C H •M 3 0 o ro w_ 4- a e o " s F'. K � n 9 R rt S i 0 N m 0 9 i i m N LQ i Om i � i ti. i `C 4 C !� I 1 '�• n m ° o ooi 8� i „i K i w0i ii d W 1Di ^ 1 i9 > m 1 I ; , oil I l 1 1 p I Q Q1 M MI O I N > P P. `K"1i E i I P W 1 r• 1 �• I �/ EQ y �O e1' i I ' `� 7 I I A° ��p' I f'• m E I I I I I m IM r I I�� P:, iih:S A%1p ii! CI:EST 10:., Cii A%1,[ `.i LTION r ATTORNEY'S CERTIFICATE OF TITLE 1 hereby certif}- to the State o1 Minnesota that I have examined Ilia title to the real estate herein described as shown by Iiia records in the offico of the Register of Deeds. Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: 51 of Section oZ-'2- , township north, range o'L 3 west, �'�' '�•-' County, s at the date of this opinion in the following named persons: Ilf title is registered, so note and give certificate number.) Nature Data Book & Page Name of Interest Acquired end/or Doe. No. i1.o,,. L-0 .S. �o• -ate 1875 5 35 i�1`i �. During the past five years the title'to said tract was in the following named persons Nature Name of Interest i,�, i-nti Fir OwtinL�+�S� buw d PA.-OLUA FO'R, %: "-1a at .721 Name of Spouso If Single, so steta Date Book & Page Name of Spouse Acquired and/or Doc. No. If single, so state Y,2`i,Y3 7 ' llk»,9, I`1� �Icaa� ��, � • PC,was Signature 6`� _ __. W OFFER TO uUi • Sk-'� WLhF .5 /UZ PROJECT NUMBER 27-OOfS4v COUNTY NAIIE !�u_Ko mac-, (� PARI: NAME 1Fc_•(,C_V Ft- .- — Tri .K.. PARCEL NUMBER 10 - c),;La66 to-b;-�Za6-Gtti The sponsor hereby submits to you an offer of `8i5 UCfD•�O dY��(�,rS , which amount is its appraised fair market value of the above referenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the entire appraisal. Also attached is.a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. f If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchantable title. This letter is furnished to inform you of your rights in this land acquisition. It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, Sponsor's Representative (Signature) SPA/OLUA OR -33/2-74 Receipt is acknowledged of the letter known as written offer to buy. Date _ is no',: in the process of acquiring private P Mp1_,rty nrcess.r r cquiri o Aeen ) VALA.�eicy {�wi{L Title records indicate that you are the ormer of real Identification oT Project )roverty located in the State of lfinnesota, county of T� more particularly iescribed as follows Attach on separate sheet if too deta ;ince your property is within the project area, it is desirable that it be acquired and included as part of the project. !e are prepared to conmence negotiations with you for the purchase of your property subject .o any existing easements or restrictions of record and excepting and reserving the following nterests�erhich will not be acquired and are not included within the appraisal report. n compliance with section 301 of the Uniform Relocation Assistance and Real Property. cquisition Policies Act of 1970, public law 91-646; Just Compensation in the amount of ��0z)-y _ has been made for the interst to be acquired in the above described property. his amount is based upon a state -approved appraisal prepared for the acquiring agency rid is not less than the appraiser's estimate of fair market value which he determined fter a personal inspection of your property, at which time you or your representative ere given the opportunity to accompany the appraiser during the inspection of the property. ie appraisal takes into consideration the location of your property, its highest and ,st use, current land sales of properties similar to your property, and other indicators value such as re appraisal has been reviewed and approved by the State establishing just compensation. ,st Compensation includes amounts for the land, improvements, severance, if any, and other lements as follows: Land 85,v00- co SPROVEMENTS: Buildings Structures Damage to the remainder_ Other — Total y increase or decrease in the market valuation caused by the public improvement or 'oject for which the property is to be acquired, or by the likelihood that the project would acquired for such improvement or project, other than that due to physical deterioration thin the reasonable control of the owner, has been.disregarded in making the determination Just Compensation. .. e signing of this statement by either party does not constitute an offer or the acceptance an offer to purchase. ��z ve been informed of my rights under P.L. 91-646. sinature o Vier) �, to -./OLUA 32 8-77 signature of title authorized representative 5o/ 0 0 STATEMENT OF 014NER WAIVER OF RIGHT OF JUST COMPENSATION have been informed of all of my (landowner orreprc�entative) rights and benefits under the Uniform Relocation Assistance and Real Properties Acquisition Policy Act of 1970 and have been provided with a statement of Just Compensation and a written offer to purchase for the appraised value of Of my own choice, I have elected to accept an amount (amount) less . less than the approved appraisal of fair market value for the following reasons: s (nivnature of landowner or representative) 9 0 ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) Nature of Date Book & Page Name of Spouse N� Interest Acquired and/or Doc.No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J. Rooney Thomas J. Rooney Fee Title April 21, 1979 — unrecorded. (The North 66 feet only.) During the past five years the title to said tract was in the following named persons: NAME Nature of Date Book & Page Name of Spouse Interest Acquired and/or Doc. No. If single, so state Thomas R. Bergin Fee Ownership February 4, 1974 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature PARKS AND RECREATION GRANTS SECTION • • rV ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) NAME Nature of Date Book & Page, Name of Spouse Interest Acquired and/or'Doc.'No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J: Rooney Thomas J. Rooney Fee Title April 21, 1979 - unrecorded. (The North 66 feet only.) During the past five years the title to said tract was in the following named persons: NAME Nature of Date Book & Page Name of Spouse Interest Acquired and/or Doc. No. If single, so state Thomas R. Bergin Fee Ownership February 4, 1974 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 ----- and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature • PAUL H. HAUGE &ASSOCIATES, P.A. • ATTORNEYS AT LAW PAUL H. HAUGE 3908 SIBLEY MEMORIAL HIGHWAY AREA CODE 812 BRADLEY SMITH EAGAN (ST. PAUL), MINNESOTA 55122 TELEPHONE 454-4224 eu- 4/CL- � �. PAUL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW PAUL H. HAUGE 3908 SIBLEY MEMORIAL HIGHWAY AREA CODE 612 BRADLEY SMITH EAGAN IST. PAUL], MINNESOTA 55122 TELEPHONE 454-4224 '/J'7 1 / eJLC�I G7 ./ G.w' / .�`/ CJL�-✓7�!L� c.�G� �` //////Ct�r,�.CS� 1411 P/,C��.. SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: - Harold Shear April 27, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 0 Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Re: West 1/2 of Southeast Quarter of Section 22, Township 27, Range 23, Dakota County Dear Mr. Hauge: Enclosed is the Abstract of Title to the property that the City of Eagan is purchasing from me. Yours very truly, SHEAR & ROONEY, LTD. 9 %o THOMAS J. ROONEY TJR/br Enc. Telephone 224-3361 Area Code 612 'fes. PAUL H. HAUGE BRADLEY SMITH Mr. Thomas Hedges City Administrator CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 UL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 May 1, 1979 AREA CODE 612 TELEPHONE 4544224 RE: The West One-quarter (W14) of the Southeast Quarter (SE2) of Section 22, Township 27, Range 23, Dakota County, Minnesota. Dear Mr. Hedges: At your request I have examined the title to the property above described., using for the purpose of such examination an Abstract of Title containing 58 entries, numbered 1 through 58, last certified by North Star Abstract and Title as of April 16, 1979, at 8:00 o'clock a.m. Based on such examination, I am of the opinion that as of that date record title to the North 726 feet of the East 300 feet of the subject '.property was vested in THOMAS R. BERGIN and LEE ANN BERGIN,.husband and wife, as joint tenants, and to the remainder of the West One-quarter of Section 22, Town- ship 27, Range 23, the title was vested in THOMAS J. ROONEY, marital status unknown, free and clear of all liens, charges and encumbrances thereon, ex- cept as follows: 1. Real estate taxes for 1979 in the sum of $4,825.56 are unpaid. The Purchase Agreement provides that the seller will pay the 1979 real es- tate taxes. 2. The seller shall deliver a special assessment search covering pending and levied assessments at the closing. The Purchase Agreement pro- vides that the seller shall pay all assessments for improvements presently in and servicing the property. 3. The property is subject to a first mortgagein favor of Minnesota Central Credit Union, a Minnesota corporation, in the original principal sum y of $50,000, dated October 11, 1972 and filed December 13, 1972, as Document No. 409374, which was subsequently modified by Partial Releases recorded as / Document Nos. 429836 and 535197. The seller should provide a release or satisfaction of this mortgage. 4. The property is subject to a second mortgage in favor of First's yi r Produce State Bank of Minneapolis, a Minnesota corporation, in the original i principal sum of $52,000, dated June 17, 1974 and filed July 2,_.1074, ns Document No. 435746. The seller should provide a release or satisfaction of this mortgage. Mr. Thomas Hedges May 1, 1979 Page 2. 5. An easement affecting the property appears as Entry No. 24, which easement is dated June 27, 1958 and filed August 20, 1958, in Book 70 of Misc., page 202, and grants the Dakota County Electric Cooperative, a Minn- esota incorporated cooperative association, the right to construct, operate, /f Q and maintain electric transmission lines over the subject property. There 0_f✓ is a sketch attached to the easement. I do not find a confinement of the area over which this easement extends. Should this be an abstract omission, the abstract should be corrected in this respect. If the easement has not been restricted, this should be done prior to closing. 6. An easement for ingress and egress over the subject property was recited in the Probate Deed at Entry No. 44, which deed was dated February 4, 1974 and was filed February 6, 1974, as Document No. 429837. The ease- ment runs in favor of Thomas R. Bergin and Lee Ann Bergin and covers the 2 East 33 feet of the South 175 feet of the North 901 feet of the West 1/4 ° of the Southeast 1/4 of Section 22, Township 27, Range 23. I would recom- mend that the Bergins quit claim their interest to the grantors prior to the closing. 7. Highway Easements appear at Entry Nos. 45 and 46, which easements were recorded as Document Nos. 429969 and 431595, and both grant the use of the North 33 feet of said quarter section to the Village of Eagan for high- way purposes. 8. The seller should provide a certified copy of Letters Testamentary for the Estate of Raymond M. Weymouth stating that such Letters are effec- tive as of February 4, 1974, the date of the Probate Deed shown at Abstract Entry No. 44 and recorded as Document No. 429837. This opinion is limited to the matters shown by the Abstract of Title. All matters not so shown are excepted from this opinion and include: a. Rights of any parties in possession; b. Possibility of liens for improvements in process or completed on the premises within the last ninety (90) days; C. General zoning and building laws and ordinances and other restric- tions; d. Special assessments, pending special assessments and liens for un- paid municipal utility bills; e. Encroachments, overlaps, boundary line disputes, and other matters which an accurate survey and inspection of the premises would disclose; f. Any taxes and/or assessments not shown by the Abstract or deferred pursuant to M.S.A. 273.111 (commonly known as Green Acres); g. Any alleyways, easements, rights of way, streets or judicial monu- ments actually located upon the ground; H • Mr. Thomas Hedges May 1, 1979 Page 3. h. Security interests in crops or fixtures; i. Water rights of the State of Minnesota; j. Rights which have accrued since the date of certification of the Abstract. Certificates attached to the Abstract of Title concerning taxes, Federal tax liens, District and County Court judgments and bankruptcy proceedings, indi- cate that there are no liens outstanding against the above described property and its present owners arising from encumbrances of this nature except as in- dicated. PHH:me cc: Barbara Schmidt Thomas Rooney Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. 0 Paul H. Hauge THOMAS J. ROONEY LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attorneys at Law 1110 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 May 3, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Telephone 224-3361 Area Code 612 Dear Paul'- This aul:This will confirm in conjunction with our closing that I am4having the Minnesota Central,Credit Union hold in escrow $2, 29.72. The form that these escrows will take are daily interest in the amount of $1,029.72 and a savings cert- ificate in the amount of $1,500. The condition under which these items would be held in escrow is payment of the taxes on Tom Bergin's parcel 10-02200-010-85. There is no escrow for Tom Bergin's taxes at the First Produce State Bank in Minneapolis and he pays them himself. Tom will pay half on or before May 31st and half on or before October 31st. Yours very truly, SHEAR & ROONEY, LTD. LOJ. R00 Y TJR/br MINNESOTA CENTRAL CREDIT UNION l�Jy 577 UNIVERSITY AVENUE • ST. PAUL, MINNESOTA MAILING ADDRESS: P.O. BOX 3068 • ST. PAUL, MINNESOTA 55165 Benjamin F. Bryant, President Eugene V. Gillespie, Vice -President M G.A. Lydon, May 4, 1979 Secretary -Treasurer Robert V. Atkinson Director John Fyock Director Marie M. Grow Mr. Paul Hauge, Attorney Director g Y at Law Howard E. Ross 3908 Sibley -Memorial Highway Director Eagan, Minnesota 55122 Wallace W. Ziebarth Director RE: Thomas J. Rooney Dear Mr. Hauge: If you will send us $2,629.72 in addition to the mortgage principal and interest, we will hold same in escrow at interest to be credited to said Thomas J. Rooney until the unpaid taxes on Plat 10-0200, Parcel 010-85 are paid. yours, G. ydon Treasurer -Manager GAL/mak cc: Thomas J. Rooney 1170 Northern Federal Building 6th and Wabasha Streets St. Paul, Minnesota 55102 Telephone 612/222-8574 MEMBER MINNESOTA LEAGUE OF CREDIT UNIONS ... CREDIT UNION NATIONAL ASSOCIATION s- 0 0 -PO-AJ , - -- - - LA-� cQo l ase cw� oa tr �r�_ Sd ho. az_ . CL - A7 - x74P -� - OK- Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Please accept this letter as my undertaking that I will have the Easement Agreement dated June 27, 1958 and filed August 20, 1958 as Document 260873 in Book 70 of Misc. page 202 confined by way of an Easement Modification Agreement so that it is clear that the Easement does not affect the 19 acre parcel the City of .0 ti Eagan is purchasing from me. r4 -Q9 A,4 —L—AA 9Olay. Yours very truly, TJR/br M/ SHEAR & ROONEY, LTD. , Attorneys at Law 1170 Northern Federal Building . Sixth and.Wabasha . THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear May 7, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Please accept this letter as my undertaking that I will have the Easement Agreement dated June 27, 1958 and filed August 20, 1958 as Document 260873 in Book 70 of Misc. page 202 confined by way of an Easement Modification Agreement so that it is clear that the Easement does not affect the 19 acre parcel the City of .0 ti Eagan is purchasing from me. r4 -Q9 A,4 —L—AA 9Olay. Yours very truly, TJR/br M/ PARKS AND RECREATION GRANTS SECTION ATTORNEY'S CERTIFICATE OF TITLE I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the Register of Deeds, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records it is my opinion that the title to the following described tract: The South 1,251.13 of the North 1,911.13 feet of the West Quarter of the Southeast Quarter, of Section 22, Township 27 North, Range 23 West, Dakota County, is at the date of this opinion in the following named persons: (If title is registered, so note and give certificate number.) Nature of Date Book & Page Name of Spouse NAME Interest Acquired and/or Doc. No. If single, so state City of Eagan Fee Title May 7, 1979 536792 During the past five years the title to said tract was in the following named persons: Nature of Date Book & Page Name of Spouse NAME Interest Acquired and/or Doc.No. If single, so state Thomas J. Rooney Fee Title April 22, 1975 535194 Barbara J. Rooney Thomas J. Rooney Fee Title April 21, 1979 536791 (The North 66 feet only) Thomas R. Bergin Fee Ownership February 4, 1979 429837 and Lee Ann Bergin, husband and wife as joint tenants only the North 66 feet. Raymond M. Weymouth Fee Ownership November 9, 1953 Book 277 and Deeds, Catherine M. Page 235 Weymouth, husband and wife as joint tenants Signature _T' Cs�s - �/ �rl b Barbara J. Rooney i w _ ,-- .. _. ,. 'fi. 4' .1:';Abj S%_�.., ti:�;��r�.�S1 '. �" ��7:•i� :.iY•�='�•ht �.�F•, ttrj •� _ _ a. .. ,�• -. `.%tti•{%,•!'•Y THIS INSTRUMENT, WHEN SIGNED Y71 BY .;�•ul"tnlr'• E TREASUR CITY OF EAGAN ''r, `';�i':• COMEHA CHECK PAYA8LE TO THE 3)95 PILOT KNOB ROAD �,va ORDER OFTHE PAYEE Npf11E�FOR,r , •,, ,. ..Fy 006601-��^"' THE AMOUNT STATED. �.•. w R:'41'•41a�; •}; EAGAN, MINNESOTA 55122 .�`j . 4 1 ' fr f•^. `: �.r ' : ' d 'o MID AMERICA NAT'L BANK960 • 4 SS �-F-•.-.- -Ecadn Inn=)ta �I LY1. ! � I 1 .�, '� ,:f• , .• :r ,. ' - i va r i? 4>,.•i''.T;. [) .4"n DATE �4 'n' • •, CHECK AMOUNT - CHECK NO. PAY TO THE ORDER OF ,t., a... • I ,+ y. �,ti atj * tt" y°�, 79 _ 85 000.00 tt cl ,`v� ,lley Thomas Rooney { r f { { r t c / `i t� 1 fiT q �' t �r - ,.:: J •' ,t :? . ..........TREASURER Y. x.0960 -h L, 29 LSC L.bmO b0211° y• °A00085000006A,V'' - .�. ,J.-iA.p ��r' r 'Ali /.�'h�L.'%, r� pp,, T7 1 v:v� ,v_.r. .._•., . _.a.,. _._, a•�a,i�.._._v._r.s.�J-i.Lv�vliii4 YY S..d+.:. •T/•a- N ^Y{ - .. ,', r `Y ,1�•, .>.',` vl J.�v..bn`.J,vdbiy�+-�,Y.d.;.�•,'..:i:,'� {'��'. ,r' r ,I \, A� V\yJ rrr l�.�.Aa .7i 1. •�r,•. •t +' vl„l, [' ♦ter, v.l,a d, �� ,r•t,S YA r:` `"J '_7 �CD •-a .�• cv '3 ��... .. .1.:. `.:'k••: i:,l�.<, _a,Yr,••`!i vAY,,�,i••.[�„y.r tT'-_, Cr j y.i Q' r PAY ANY BANK, REG. p Toy, Mid Amedca liatlonal Yl~tom v •.': i..03Bank of Eagan A � c o ^1, 1 EAOAN N i 4� -n �• -MINNESOTA • - ; .%- , i ' 1 90 - •ljr /1 Y%+7r,Y v v - nl' � n`��,Yf •fi Yl`l,dY'IYl4J y1 �(' Y�� �..� - .T Y e rr.•{n,.r 't'r. t r•:�iv:,\•��,%Y/ riYA�!i % .l.rrl J•.. 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Form NO. 3`l�l indiddonl to eo"Ontloo. _� _ _ TMs ffndeIIIltur Made this ------- tb--------day of ------AU--------------, 19__79_, between ___Thomas J_ ooneg_and_Barbara _J_ Rooney_,_ husband and wife,,_ --------------- ---- Dakota --and State o _____ Minnesota ---------------- of the County of----------------------------- f------- ies Cit of 1a an pa's -------o} the first part, ¢nd-------------y-----�--�---z---------------------------------- munici2ik ----------------------------- o/corpor¢txon under the laws of the State of -------------------------------- party of the second part, WITNESSETH, That the said part ies __-_-of the first part, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration __DOLLARS, -------------------------------------- --------- in hand paid by the said party of the second part, the receipt whereof is hereby ac7moweldged, do -------- hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract ------ or parcel ------ of land lying and being in the County of____ ___- Dak-ota-_--------------and State of Minnesota, described as follows, to -wit: - The South 1251.13 feet of the North 1911.13 feet of the lVest Quarter of Southeast (quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurteva.sces thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. And the said_____ ------- husy ansl_and_ivife ,---------------------------------------------------------------------- pa^-tie-s�_-of the first part, executors and administrators, do_ ____ covenant with the said party of the second part, its successors and assigns, that -------- they__-ure-.._ well seized in fee of the lands and premises aforesaid, and have --good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, except easements, restrictions and reservations of record. And the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said parol:_* of the, first part will Warrant and Defend. IN TESTIMONY WHEREOF, The said parties___ of the first part hale --hereunto set___lleir hand--S-the day and year first above written. A? 1_1 o% In Presence of --------+ ^--------------- - ---- ------------------------------- Barbara J. l oone THOMAS 1. ROONEY LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attorneys at Law 1170 Norihem Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 May 8, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 This will confirm our conversation that I am paying the $150 bill the Surveyor submitted for prepar- ation of legal descriptions. I understand that the bill for the remainder of the surveying to be done will be divided in half and the City of Eagan will pay $37.50 more than half and I will pay $37.50 less than half as a credit on the $37.50 due me for Eagan's portion of the bill regarding the legal descriptions and Survey certificates. The Minnesota Central Credit Union had to send the Satisfaction out of their office for a second signa- ture and they will forward it to you as soon as it has been signed. Thank you. Yours very truly, SHEAR & ROONEY, LTD. q THOMAS J. ROONF/Y TJR/br , This biQflenMade between Thomas R. Be in an ---------------------- Dakota of theicountyof----------------- part_—e8—of the ilrat part, and -- 21st --day °1--- AEril------------- 19_79--, Berginy husband and wife, also known as Le Ann Bergin, Minnesota ----- —---------- ------ ----------'- ------ — -------------------------- ------- .,.of the County of------ Dakota ------And She o1___Minnesota ------------------, ".apart--_Y_—of the second part, . That the said pot --- Les --___of the Bret part, in consideration, of the sum of to ------ — MU—in hand paid by the said part --_Y --- of the second part, the receipt whereof is hereby acknowledged do ---_hereby Grant, Bargain, Quitclaim, and Convey unto the said part--Y_---- of the second part,-1—it--heirs and assigner Forever, all the tract________ or parcel________ of land lyingand being in the County °1----------Dakota-----------------------and State of Minnesota, ------- described as follows, to -reit: The West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, except the North 660 feet of the East 300 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota. This deed specifically releases all easement rights, granted'by a Probate Deed dated February 4, 1974, and recorded February 6, 1974, as Document 429837. State Deed Tax $ 2.20 STAT: OF ' IEPT. '1F .' c Mn ,oto' 3 — — TAX � M Com- • Ob [i 4 .' 4 IV':Y N :0 . n:, --,v cornai.k TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said part----- of.the second part, --his -heirs and insigne, Foiever. IN TESTIMONY WHEREOF, The said part_ ies -_of the Bret Part ha-ve-A&reUUt0 86t_ -their hand -.L -the day and year first above written. In Presence of RTiomas R.-Rerg�n----- -------- -- --- -- �-------- --------------- vi/Le nn BepgI -_-- -__�- --------------- a d z B s County of ------- DAKOTA--__ On this_..--------�9 �----------day of---------- April----------' 18------ before me, a __Notary u Iic ------- -- --- ---- -- - ----withi ang�ord eau Conty, Personally appeared T�Tomas R. Bergin and�.ee Ann �ergin�, us n an ,w e, also known as Le Ann Bergin, to me known to be the person --- ---------- described in, and who executed the foregoing instrument, ----------------------------------------------and acknowledged that-__=___ rhe__y----_executed (eu Nepal the same as---their-----------free act and dead ----------------------------- No-") Ins THIS INSTRUMENT WAS DRAFTED BY Thomas J. Rooney -------------------- --------------- ------------ Attorney at Law Ndmo1 or ern a era A ng Notanj Public_______________________ __ _County, Minn. St. Paul, Minnesota 55102 Mycommission expires-----------------------• v NOTES TM blunt lines anted'Seo Nob^ w for ores, when the instrument is emanated by on �ule�',Clidsn�V J. BUGKLEY, Jfi. ' NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY Tax statements for the red properly deaeribed in this inslmmenl should be sent to; My CommisalOn Eaplrea Mar. 14, 1880 Thomas J. Rooney Road (Address) Eagan, Minnesota 55122 i 1 i R I u WX la .n 0 0 Satisfaction of Marta".7�� Miller•Davis Co., Minneapolis, M..,. : By Corporation. Form No. 51-M. Minnesota Uniform Conveyancing Blanks (1971). know 211 hien by twe Vreantg, That a certain Indenture of Hortgage, now owned by the undersigned, a corporation existing under the laws of the State of ........ Minnesota...................................I bearing date the.................................. I.Tt.h............... I ...... ....day Of ..................... October ., 19.��...... made and ................................... executed by ............... Thomas ... J.,. ... Rooney, .... s..,Executor .... of .... the ,..Estate .... of Raymond. Weymouth,, ... Decedent., ..................... ......... ......... ......... ......... ......... ........., all mortgagor......, to .............................. M.i..nD.eant.a,... G.ent aL...Gxad,it...Umion,....................................................................................... as mortgagee......, and recorded in the Ofjlce of the Register of De� est d for the County of.............Dakota......................................... and State of dfinnesota, in 5 .._Dakota...Cq) f ¢x>9>p .....as...Doc,%womtt.4.0.917.4... gU...thg... l3th day of....................... Decemh.er......................... 19...72...., is, with the indebtedness thereby secured, fully paid and satisfied. .Ind the Register of Deeds of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statute in such case provided. 3n Q6egiimonp Mhereof, The said Corporation has caused these presents to be executed in its corporate name by its ......... Vice................. President and its .......... .ga.4rer..............and its corporate seal to be hereunto affixed this ....... 9th ....... day of. ........ A'qX........................... 19..79... :• c Otate of Oinnoota, l� fCounty of........R..A......MSEY .............................................................. Onthis.................................. 9th ............................. clay of. .................... h7 Y.. ................................................. ., 1929 ...... before me, a ........................ Na.t..oxy.... Puklie................................ I ....................................... within and for said County, personally appeared Eugene._:...Cillespie..................................................................and.............G............ ....... n.ALydo................................................................... to me personally known, who, being each bXme duly sworn ......... theY.......... did say that they are respectively ties..............Y..x.G.0.:........1',eetdent and the ............ ......reasurer............................................ of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority o Board Of................... Directors ..................................................... , and said ........................... F.1!g011.0.... ............................... ..............tL ............ ana..................... ...LycAOn........................... acknow aid instrument to be the ac d o aid corporation. .1,0 NE This instrument drafted by: G�rtr/ru•.......... NN'%, • Larry Neilson ... t�.0`J�yt1�� .............. Attorney at Law 0- . aE'Q 1170 Northern Federal Bldg. NO '71 -- * -C �....... as ° nty, Mtnn. St. Paul, Minnesota 55102 LL My commission expires......... '................................................ 19........ J1t,V to,_ LA IL E6,&.; .i`16h SR4 V& . \.(1t� EaS.4 1W Sri 7 Q • a WISEY Countyof...........................................................I.................. Onthis .................................. 9tli.................... .........day of.....................Na.................................................., Y9.79....., before me, a . ....... .............. N.Q..kSlry..._Puhlic........................................................................ within and for said County, personally appeared I..gciic.. 1....Cillesp g..................................................................aid.............G. Fl. Lydon...................................... I............................. ................ to me personally known, who, beingtach by me duly sworn......... tINY........... did say that they are respectively the ..,.........V,iC.C.. .... ..... resident and t7w............... reasurcr........................... ........ ......... .of Ow corporation named in the foregoing instrument. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instmment was signed and sealed in behalf of said corporation by authority V,11 Board of .................... Directors .......................... I and said .............. .............. 1';.U9QD.G... V.. .... Q.�laes.R:S:�................... .. ............ arab.,... ._......._G_...11....J,ydon.......................... .acknowl aid instrument to be the f ac do o aid corporation,�NEs6' This instrument drafted by: Ncs JN���gti? o Larry Neilson ........................ ... (,r ............Q..SY`a....... Attorney at Lao- `Q �yotPaor�o,^�tiQ"untr t7inn. 1170 Northern Federal Bldg. .N'otary Pub .......................r.._ �......... fig,.... y, St. Paul, Minnesota 55102 My commission expires ......... e'g� 19 ........ F J Ai j V p O O U Ci m o ^moi is o q J Satisfaction of Mortgage. By Coraaration. Form No 51-M, Miller -Dain Co., MiuoenDolis, Minn. lel 41m"Ou Uoi OM Cgnre9meiog Blouho (1931). Al"D 1 RII Act$ by tbv5e V rtantg;, That a certain Indenture of Mortgage, now owned by the undersigned, a corporation existing' under the laws of the State of ....... t.innesota bearing date the ...... ................ ...........],.Z.th.........................,day of ..................... ...........bee . Octo .. , 19.?....., nx¢do and ................................... executed Ly._............Thomas,..J,,,,_,Roongy..... as_„executor,,,of..,the,..Estatg._of Raymond. IJe_ymouth-,. De.ceciczjk ,.. ... . ........ ao mart c ..................................................................................................................................................................... ........................................................... T1ino e.s.a.t.a...C.ank.x.a1....G.x.c.d.t...ll.n?.arx.................................................................................., as mortgagee_....., and recorded in the Ofjice of the Register of Dcr s i�rtggul for the County of ............. Dakota_ and State of Minnesota, in Bc,..Dako ta,. C� ) day o.................� ¢ -tsxao><�cs�'•__.as...Doc.IxA�sc6�i..4.�.4.�7..4_..4I1....[he...l3th Decemhet........................ 19...72..., is, with the indebtedness thereby secured, fully paid and s(Wsfied. ✓Ind the Register of Deeds of said County is hereby authorized and directed to disoh¢rge the came capon the record thereof, according to the statute in such case provided. Xn Tegtimonp Mijereof, The said Corporation has caused these presents to be executed in its corporate name by its...:..... Vice,.. „ President and its......... .............. and its corporate seat to be hereunto afjlxed this ....... Jth....... day of.......... �1i}):.........................., 19..79... PAUL H. HAUGE BRADLEY SMITH Mr. Thomas Hedges City Administrator CITY OF EAGAN 3795 Pilot Rnob Road Eagan, Minnesota 55122 • AUL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW 3938 SIBLEY MEMORIAL HIGHWAY EAGAN MT. PAUL), MINNESOTA 55122 May 14, 1979 RE: Eagan - Thomas Rooney Park Property Acquisition. Dear Tom: AREA CODE 612 TELEPHONE 454-4224 On I4ay 8th we closed the purchase of 19 acres of park land adjacent to Thomas Eagan Park from Thomas Rooney. Barbara Schmidt was at my office for the closing in addition to Tom Rooney and the following is a resume of the closing: 1. We received a Quit Claim Deed from Tom Bergin and wife to Tom Rooney covering 66 feet on the North line of the 19 acres acquired because'of an adjustment in the Tom Bergin property lying North of the Eagan 19 acre parcel and has been recorded. 2. We received a Satisfaction of Mortgage from Produce State Bank covering the Bergin's 66 foot parcel with has been recorded. 3. We received a Warranty Deed from Tom Rooney and wife running to the City of Eagan covering the 19 acres which has been recorded. 4. Tom Rooney is acquiring a rider to his liability insurance policy naming Eagan as a co-insured for purposes of cutting timber on the Eagan property according to the Purchase Agreement, a copy of which is attached to this letter for the park file. 5. In addition, the City of Eagan is required to install a fence on the South property line on the Eagan property according to the Purchase Agreement which is attached. 6. The City agreed to pay one-half of the Charles I -linden Surveyor's bill including staking of the Eagan park property. The amount of this bill will be approximately $350 determined by one-fourt of $150 or $37.50 plus one-half of the balance of about $600. The final determination of this will be made after completion of the work by Winden. 7. We have recorded a Satisfaction of the Minnesota Central Credit Union Mortgage that had a payoff figure of $43,707.81 covering all of the Rooney property. 8. Mr. Rooney delivered a check for $2,529.72 as an escrow covering the Tom Bergin real estate tax relating to the North 66 feet to the Minnesota _Credit Union which will be held until October 31st, at which time Mr. Rooney will deliver a paid receipt that all real estate taxes on the Tom Bergin property have been paid in full and this receipt will be mailed to my office. 9. I have received a check from Tom Rooney for $2,766.12 payable to the Dakota Page 2 Mr. Thomas Hedges May 14, 1979 County Treasurer and it paid the taxes in full on all of the 'Rooney property. 10. In addition,the.City has received a survey of the 19 acres and Barbara Schmidt has two copies of that survey which were prepared by Chuck Winden. 11. I have the Abstract of Title and will forward all of the recorded documents to the City Hall after recording. 12. Mr. Rooney delivered a letter to me dated May 7th where it indicates he will arrange to modify the easement running in favor of Dakota County Electric Co-op which at the present time covers all of the Rooney property. This will be done within 90 days from the date of closing. If there are questions, please call. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt Thomas Rooney zsmtic : REMITTANCE ADVICE f t S //�(/? 9 --- - -- �—w..� p,Q.oc� c,�.�..-o�✓v'e=-o�L _�---- 1�2.�— WCJ�K.a.-J �-��-✓_J�.�_..— TIES BY THE LOCAL UNIT AFTER GA 'PROVAL - Lni.!rnrT 1. The Parks and Recreation Grants Section will notify the local unit as to the date of which Heritage Conservatiorr and Recreation Service has formally approved the project for LAWCON assistance. Included at this time are 3 forms which must be reviewed and signed by the landowner during negotiations. 1. Statement of Just Compensation 2. Written Offer to Purchase 3. Statement of Owner Local units may also develop their own forms provided they contain all of the documentation in the above three forms. 2. An appraisal of the property to be acquired is completed. In this process, the owner or designated representative must be given an opportunity to accompany the appraiser during the inspection of the property. 3. The local unit informs the landowner in writing of the Fair Market Value of the property based on the results of the reviewed appraisal. This must be done by using the form labeled "Statement of Just Compensation." THIS STATEMENT IS NOT AN OFFER TO BUY OR AN ACCEPTANCE TO SELL. One statement should be retained y the landowner and one should be enclosed with the billing documentation which includes the request for LAWCON fund reimbursement. If possible at this time, the.local unit should enter into an option agreement with the landowner. 4. The local unit shall then provide the landowner with a "Written Offer to Purchase," which must contain the approved appraised value. Only at this time may the local unit begin to negotiate the selling price with the landowner. 5. Land acquisition is completed and the owner receives compensation, including any relocation benefits. 6. If relocation is involved, the local unit will present the occupants with the "Written Notice to Vacate." (Please refer to this section within your reloca- tion booklet). 7. Should the selling price be less than the appraised value, the landowner must complete all requirements mentioned in the "Statement of Owner" form. Please have the landowner sign the form below his written statement which is a waiver of right to Just Compensation. 8. All forms must be sent to the Parks and Recreation Grants Section with the request for reimbursement (billing). ' 9. The following information should accompany the billing requests: A. Completed OR -9 billing form (enclosed) B. Copy of Warranty deed C. Attorney's title opinion (Fo.rm OR -18 enclosed) D. 5 year history of conveyance (Lower Part of Form OR -18 enclosed) E. Copy of warrant (both sides) F. Statement of Just Compensation (enclosed) G. Written Offer to Purchase (enclosed) H. Statement of Owner Form (enclosed) %� % G OYI. �AR �it/�wGG�w � e... 7oo� loot PAUL H. HAUGE & ASSOCIATES, A ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH Mr. Thomas J. Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Bldg. Sixth and Wabasha St. Paul, MN 55102 Dear Tom: May 23, 1979 AREA CODE 612 TELEPHONE 4544224 I am enclosing a Statement of Just Compensation form and Written Offer to Buy that are needed in order to complete part of the documentation to be sent to the State Planning Agency to receive the funds for the pur— chase of the park land by the City from you. I would appreciate if you would sign the original of each and forward them back to me in the enclosed stamped self—addressed envelope. Thanks for your assistance. Very truly yours, Paul H. Hauge PHH:me enc. To: Thomas J. Rooney PROJECT NUMBER 27-00861 1170 Northern Federal Building COUNTY NAME DAKOTA Sixth and Wabasha PARK NAME PATRICK EAGAN PARK St. Paul, Minnesota 55102 PARCEL NUMBER 10-02200-010-85 10-02200-010-86 WRITTEN OFFER TO BUY The City of Eagan hereby submits to you an offer of Eighty-five Thousand Dollars ($85,000.00), which amount is its appraised fair market value of the above re- ferenced property and/or certain rights therein, disregarding any change in the before value of the property caused by the proposed parkland acquisition. The various conditions upon which the sponsor's appraisal of fair market value are based or contained within the appraisal itself. Please ask to see the en- tire appraisal. Also attached is a legal description of the property and/or rights to be acquired. Minnesota law also provides that the owner and/or occupants of property being acquired will be reimbursed for the actual cost of moving personal property and for certain incidental costs incurred by the property owner in transferring title to the local unit of government. The sponsor should have already advised you of the eligible relocation costs. If you decide to accept the sponsor's offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of a merchant- able title. This letter is furnished to inform you of your rights in this land acquisition. It is respectfully requested that you acknowledge their receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way commit you to an acceptance of the offer. Sincerely yours, CITY OF EAGAN By: Alyce Bolke, City Clerk Receipt is acknowledged of the letter known as Written Offer to Buy. Dated: y_ Thomas J. Rooney SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street May 24, 1979 Jensen Beach, Florida 33457 Mr. Paul H. Hauge Paul H. Hauge & Associates, P. A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is Statement of Just Compensation and Written Offer to Buy. I have executed both of these. Please return copies to me after they have been fully executed by the City of Eagan. As you know this transaction was closed under a Purchase Agreement which contains provisions that survive the closing and which is the actual contract by which this transaction was closed. Please return to me a copy of the Written Offer to Buy with the notation on it that it does not supersede the Purchase Agreement dated March 29, 1979 by which we closed this transaction. Thank you. Yours very truly, SHEAR & ROONEY, LTD. ILCO-11, THOMAS J. ROONEY TJR/br Enc. �Ir—C uu�m Use . Form No. �"'r.form w.. Conveyancing ` . Corporation to Inelvldusl. Minnesota Uniform Conveyanolnp Blanks (1931) Tbig 30entureli.Madsthis..__.._24th_._day of. __..._.�...._May ._.._....... .... __...... ,la....79._.., between Dakota Electric Association_ an incorporated cooperative association, a corporation under the laws o the State o __..__.._Mipgsota,�,_,__,_, ryo f .- ,party of the Aral part, and Thomas J oor,�ep othe County of........._$...._______._______._......._..._.___._.................._._......._.__..___..._.___._....__..._....._.__....:.. f D kota _....._..._ and State oj..____._Minnesota........ .............. part. --.Y .............of the second part, witne"etb, T1 t the said arae o she at rt, bn ro 1 er•at'o o the sum of One 1.00 Dollar another good a�d vd.luaie consc�era`tor� ................)..........._........._.................................._._......._............._..._........................................................................................now, ens, to it in hand p2id by Ole said part .... y ......... of the second part, the receipt whereof is hereby acknowle(Rd does hereby Grant, Bargain, Quitclaim, and Convey unto the said part ........ Y ....... of the second part,.................. heirs and assigns, Forever, all the tract..................or parcel ....... _......... of land lying and being in the County of Dakota •and State of .Minnesota, described as follows, to -wit: West 1/2 of the West 1/2 of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Eagan Township, except the South 100 feet thereof. The purpose of this Quit Claim Deed property from the Easement contained 1958 and recorded August 20, 1958 as State Deed Tax $2.20 is to release the above described - in 70 Misc. page 202 dated June 27, Document #260873. to ibabe anb to lbolb the lame, Together with all the hereditaments and appua•tenances there- unto belonging or in anywise appertaining, to the said part..... Y........the second part .........._his .......... heirs and assigns, Forever. 311 Megtimonp WberCd. The said first party has caused these presents to be executed in its corporate name by its ......................... . President and its ........... _..... .... ...... _.._..._...and its corporate seal to be hereunto affixed the day and year first above written. DAKOTA ELECTRIC ASSOCIATION Its ............. Yircv.:-.P.I.P..S.id.ont............................... NU Otatt of Ainntoota, County of...............Dakota On this................... _......... "_`- of.....___...__.M.aY........_..__._..._......, 78.79..._.., before me, a .....Whin a%1jorAaV County, personally appeared to nee personaly known, who, becng each by me Vly sworn ___._...._........did say that they are respectively the ............... _.......... _................ President and the..__.%).A,S...._.``_,!_!:11 bt... ............ ......... of the corporation named to the foregoing instrument, and that the seal affixed to said instrument is the corporate eeal of said corpora- tion; and that sai instrament was signed and sealed in behalf of earl corporation by authority of its hoard of .........:..................._...._............._.. _ .— and said.._.._.._......... -so. ...._. .. . I� '4"'n�._........... ......... ............. and corporationn .••••.•_.......•...... .•K�•weyrcw ..�►....�i1*!:.._....acknowledged said instrument to be the free act and deed of said a ...... ......... P.°.^4h..... SR. 9lJow4 nn_....� __. ......... Notary Public ..... ........ .....D9A :{.R.......................................County, Minn. F My commission expires.:e• n ........................................... _............... 78............... CQ.Ci. JrAe +asorA Wf c:,j"'� III Y La;La lull "1, I277 This instrument drafted by: Larry Neilson Attorney at -Law 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 THIS INSTRUMENT WAS DRAFTED BY: Name Address M Ten statements for real property described In this Instrument should be sent to: Name Address C3 I`� q� k I rz F °•Ittj 1y C � o �•" tl ro � w� a V ti o W� �� W ti ti Wa' J W O m > 2 5 D A O rpt �sl h F os a�1 a o Ug x o L.r 0 a I M Ten statements for real property described In this Instrument should be sent to: Name Address C3 I`� q� k I rz F °•Ittj 1y C � o �•" tl ro � w� a V ti o W� �� W ti ti Wa' SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear May 29, 1979 1074 N. E. Commercial Street Jensen Beach, Florida 33457 / V Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55122 ' Re: Thomas J. Rooney Sale to Eagan Dear Paul: Enclosed is a Quit Claim Deed from Dakota Electric Association to me.releasing the Easement. TJR/br Enc. Yours very truly, SHEAR & ROONEY, LTD. ROONEY Telephone 2243361 Area Code 6,12 203"ult Claim Deed. Corporation to Individual. Form No. 30• •'° • • •'• ... Minnesota Uniform Conveyancing Blanks (1931) Tbfig Nbenture, Olde this...................24th between _ Dakota Electric Assoeiatio association, .....day Of ................................................................... ............................... 19....79....., an incorporated cooperative a corporation under the laws o the State o Minnesota P f f..........................._............................................ party of the first part, and Thoma... ...... RooneY........................................................................................................................................................... of the County of.......Dakota .......................................................arid State of. .... .......... Minnesota .................................................................... part ------ Y..............of the second part, WitWilittlj, That the said part? of lie first rt, iri ron'sldderat'oa of the sum of One ($1.00 Dollar and other good an valua isle consideraitiori DOLL.411S, ............................................................................................ to it in hand paid by the said part....Y...........Of the second part, the receipt whereof is hereby acknowletWed does hereby Grant, Bargain, Quitclaim., and Convey unto the said part ........ Y_ - - ...of the second pant,...1� heirs and assigns, Forever, rill the tract..................or parcel .................. of land lyinsY and being in the County of ...................................Dakota..........and State of Minnesota, described as follows, to -wit: ..... . West 1/2 of the West 1/2 of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Eagan Township, except the South 100 feet thereof. The purpose of this Quit Claim Deed is to release the above described property from the Easement contained in 70 Misc. page 202 dated June 27, 1958 and recorded August 20, 1958 as Document #260873. State Deed Tax $2.20 L - -_ TA 1( to Oabe anb to Jbolb the Oame, Together with all the hereditaments and appurtenances there- unto belonging or in anywise o.pper•tainin_a, to the said part ..... Y......................of the second part ............ hiS heirs and assigns, Forever. •iss : •fin Tegtimonp 19t34ereoi, T'lir, said first party has caiisrd these presents to be executed iu its corporate name by its ........................... p'? 0 RA ' ., r� a �, y_ , President and its...................................................and its corporate seal to abe hereunto affixed the day and year first above uTitten. DAKOTA ELECTRIC ASSOCIATION • .......................... f..................................,..................................... Its.................1.t .t ..-.PX.e.5.id.n t................................ Otate of Aimtegota, County of...............Dakota On this ............. sA Of ....................._M'E* y................................ 79.79......., before Tne, a .....2Kithin a?W forAaV County, personally appeared to me pe7sona.ly known, zaho, being each b me drely sworn ........................did say that they are respectively the ..............................................President and the ......_YW.......\..'!L."44. t..........................of the corporation named in the fo•c�Foing instrument, and that the seal affixed to said instrument is the corporate seal of said corpora- tion, (Intl that, sal instrument tons signed and sealed in behalf of said corporation by authority of its Board of............................Vxh................."Aarl............ ........... and said ........ ..)r......ii!.R........................... ........ ........................ and .............................ti .Nr.'Y+t ._....'AlP.'"`...............acknorvlcdsed said instrument to be the free act and deed of said corporation. ............... !P.!�!o t....�..�x��!�+..!aa�..... ......... o...t........... -li,w................................... Notary Public...................�4%'S K........................................County, .Minn. ,* AAAA"" .My comm7 ission p' 9 ............... i i'1 CA.RUNIfH9RSi •. i>:,'. J� .... •OTAR�NFSOTp Ily Commi:alcn Ecpites lu YY21, 1977 > This instrument drafted by: Larry Neilson Attorney at Law 6 1170 Northern Federal Bldg. !' St. Paul, Minnesota 55102 THIS INSTRUMENT WAS DRAFTED BY: Name Address km Ten statements for reel property described in this instrument should be Bent to: i y � V psi �ft:t ! I ! i k r3 d N q I i f I� Fd w Qi 0 i w I c s � � u O W i i y � V psi �ft:t ! I ! i k r3 d N q IRERTY QURVEYS DIVISION 0461CN 'OGAAPHIC MAPS I0C Iib WONDIEN 65 ASSOCO(i'TE OOCIM LAND SUAVIZVORG 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645.3&46 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 DICE NO. _ 1664 SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $699.00 • • -�" Wil. PROPCRTV SURVEY{ WEDIVI•ION DEsION TOPOGRAPHIC NAPS= FL W INOEN a ASSOCIATE66 INC. LAND EYRVEVORE 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 6453646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 190 1979 INVOICE NO. _ 1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 PROPERTY SURVEYS e • ( V SUBDIVISION DESIGN TOPOGRAPHIC MAPS C. FL W INOEN i ASSOCIATEI% INC. LAND SURVEYORS 1381 EUSTIS STREET. ST. PAUL, MINNESOTA 55108 645-3646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 INVOICE NO. _.1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 a PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 July 20, 1979 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 Dear Mr. Rooney: Enclosed is a copy of the revised Invoice #1864 for the property in Section 22 in the City of Eagan. We have deleted the individual amounts as requested. Very truly yours, C. R. WINDEN & ASSOCIATES, INC. Charles R. Winden Enclosure Es / Enclosure cc: Paul Hauge �a o PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC YAPS C. R WINDEN a ASSOCIATEI%INQ. LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 6453646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, Minnesota 55102 RE: June 19, 1979 INVOICE NO. -.1864 FOR SURVEYING SERVICES RENDERED: 1. Survey and Certificate for part of Rooney property in Section 22, Township 27, Range 21 for city park. 2. Survey and Certificate for remaining parcels. Total $899.00 0 THOMAS 1. ROONEY LARRY NEILSON O/ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 July 23, 1979 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway St. Paul, Minnesota 55122 Dear Paul: 11 Telephone 224:3361 Area Code 612 Enclosedplease find bill from C. R. Winden & Associates in the amount of $899.00. Also enclosed is our check in the amount of $412.00. This represents ane -half of the bill, $449.50, minus $37.50 which is the one-fourth of the bill in the amount of $150.00. paid for the legal description. Please forward my check, together' with your check„ in payment of the City's share of thi's bill, to C. R. Winden & Associates. Thank you. Yours vey truly, SHEAR & ROONEY, LTD. THOMASW J. ROONEY TJR/br Enc. cc: C. R. Winden & Associates UL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW , 3908 SIBLEY MEMORIAL HIGHWAY J EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE TELEPHONE 454.4224 August 6, 1979 Mrs: Alyce Bolke City Clerk City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Thomas Rooney - Eagan Park Acquisition. Dear Alyce: I am enclosing a copy of a bill from Chuck Winden and Associates covering the surveying of -the park land 'bought from Tom Rooney. The agreement in the acquisition was that the City of Eagan would pay one-half of the bill and that Tom Rooney would pay one-half plust $37.50. I received a check from Mr. Rooney for $412.00 representing his portion and request a check from the City in the sum of $487.00 as the balance. I assume that this money would come out of a park site fund but you can verify that with Barbara Schmidt. Please send me the check and I can forward it on to Tom Rooney: The understanding that we had reached was that the bill,for the surveying would be approximately $600 through both Mr. Rooney's contacts and Barbara Schmidt's contactes with Chuck Winden's office. It turned out that the total bill was $899 and approximately $300 above the estimate. If either you or Barbara have any objection to paying the entire bill, please let me know. I called Tom Rooney about the bill and he said Mr. Winden was upset when Tom was critical of the bill. Very truly yours, Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt. VUL H. HAUGE & ASSOCIATES, P.A.* ATTORNEYS AT LAW , 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE Mrs. Alyce Bolke City Clerk City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Mr. Thomas Rooney SHEAR & ROONEY, LTD. Northern Federal Building St. Paul, Minnesota 55102 RE: Patrick Eagan Park - Thomas Rooney - City of Eagan. Dear Alyce and Tom: AREA CODE 612 TELEPHONE 454-4224 I am enclosing a check payable to C. R. Winden and Associates in the sum of $412 that was sent to me by Tom Rooney about August 1st of last year regarding the Patrick Eagan Park acquisition by the City of Eagan from Tom Rooney. In addition, I am enclosing a check from the City of Eagan in the sum of $487 payable to C. R. Winden and Associates, dated August 12, 1979.The reason that I am returning these is that Barbara Schmidt and I have been attempting since about August 1st to determine the exact amount of the bill that was attributable to Eagan from Mr. Winden and after a number of letters and telephone calls and assurances that we would be receiving a corrected bill, we have decided that Mr. Winden.has chosen not to honor our requests and therefore, I am returning the checks to each of you and if he wants to pursue a bill, he will have to do it more accurately. Clearly, the understanding reached by Barbara Schmidt with Mr. Winden and his asso- ciate differed from the method that the bill was sent to the City and the two of us have spent all together too much time trying to straighten out this bill. There have been a number of telephone conversations with Mr. Winden before the surveying was commenced and several made after completion of the work by me on October 29th, November 27th, and my letter to Mr. Winden on December 17th. If Tom Rooney wants to send his check to Winden and Associates fuer ayment, he can do so. i , Ver truly your , Paul H. Hauge PHH:cdg enc. cc: Barbara Schmidt, Park Director Charles Winden LEO MURPHY THOMAS HEDGED MAYOR .. CITY ADMINIRTRATOR 1" • ALYCE DOLKE THOMAS EGAN `I - CITY CLCRK MARK PARRANTO I r ''�• ®YA�y ' JAMES A. SMITH CITY Y ®F' 19AG/ A.. VI' THEODORE CMDCRSWACHTER COUNCIL MEMDER9 3788 PILOT KNOB' ROAD I EAGAN. MINNESOTA _ q 55122 1 ` PHONE 454-Sion October 31', 1979 YM1^l i Mr. Pete Klose OLUA Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 Re: 27-00861 Patrick Eagan Park City of Eagan, Dakota County Dear Pete: Enclosed please find the required documentation of purchase, by the City of Eagan, of one of the two parcels included in the above referenced project. We would appreciate your reviewing this information at this time to verify that it is complete and satisfactory to close out this portion of the project. We are continuing to experience difficulty in negotiating with the owner of the remaining parcel which completes this project and are concerned that, if additional documentation is needed relative to the first acquisition, a time delay will make it more difficult for us to provide the necessary information. We are continuing to attempt to come to a satisfactory agreement with the owner of the remaining parcel and will keep you informed of our progress. We appreciate your cooperation in this matter. Sincerely yours, �Jc�oaa- Scar. ttv.c� ` Barbara Schmidt Eagan Park Director BS/hd cc: Paul Hauge, City Attorney Encl. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. VF RrCFlVED OF.... PURCHASE AGREEMENT ...... ,Minn., i:iiiti,vY� s��u; p'rre ha,p>' •' q • I'INIC—Ito tee's Id•c,;ipt u 19. 7X thesum of.....-.._ ... ..................................................................................... .. .. ........($....%zi-v..--..) DOLLARS ... ...._ .. ...- ................................as earnest money and in pun paynn•nl for Elie purchase of property at (Ghrrk. Cash or Nate — Stole Which .� �:. � �..........�i"U!-....�......-�iv................ ..,,,...................situated in the -ems Count)' of-_-.....:........_....................................................... State of Dfjnnesota, and legally dcscrihed as follows, t) -wit' i� �� eeJ1 P� 4>J,!} ��-� a--7 , 0— � 0 including all garden bulbs, plants, shrt>�js and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian bl}YY'nds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located un said premises and including also the following personal property: all of which property the undersigned has this duo the buyer for the sum of: 77 Q_..._....-....(� 5. ............................— TS. �....................) DOLLARS, gjAv,�yyJ��'n d which the buyer agrees to pay inthe . �following manner 3 G �' wd Earnesimoncy herein paid $....,Q!Qd..s.!...-and $.-J./ cash, on ....... ........... the date of closing. LK r/�2 —�<`� l� � � trout Deed Subject to,prrh)nnanre y the buyet the seller agrees to execute nd deliver a ......._..............................................._.,....... y (m he joined in by spouse. if any) conveying ntarkeutble tide to said premises subject only in the following excepimm: (a) ISuilding and zoning laws, ordinances. Stale and Federal regulations. l b) Restrictions relating to use or improvement of premises without effective forfcitme provision. (c) Reservation of any minerals tar mineral rights to the State til hfinnesota. (d) thility and drainage a:utwiertls which do tint iuu:rferc with present intprovemcnls. (e) It ighcs of tenants is follows: (units% specified, not subject to tenancies) - - t "cw asscssmr '1'ha• buyer shall ria the real reale cues due in the year U-�d .. . `,r•Iler wnnonts that real csUtc rases dot m rbc year UQ' will .-..... no ..Mead— _. ... -. lromcuead cla%%,ucrnon -il1LO''k� '� r //®((til I, partial or tion-humcstcaJ — static Which) Ncid,er the seller nor the seller's agent make :any representation or warrant' whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. : Stllcr cuveniuts that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property nut included herein anti all debris from the premises prior tit possession date SELLER WARRANTS ALL APPLIANCES, 1117M ING, AIR CONDITIONING, WIRING AND PLUaI111NG USI.D AND LOCATED ON SAID PREhIISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. 'rile seller further agrees to tidiver possession not poet than .."-"'"-"'"-" "-.Provi.lcd that all conditions ,f Ilii% arree•n)cnt have been complied with, finless otherwise specified this sale shall he dosed r or before 60 days from the due hcreni. Ili ill, event chis property is destroyed of substantially damaged by fire or any other cause before the closing date, this ngrecmcnE shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjusune•nn l rent), interest, insurance and city water, and, in the" case of income pn gent', current operating rspensrs, -pian be made as of ....,...... ..._.._............. _...................___. ... -. 'I'he seller shall, within a reasonable time after approval of this agreement, for ash an absvac[ of title, ora Registered Trope ray Airstact it, ctified to dace m include proper searches cuvemn, bank topic its, and Shue and Federal judensc•uu and liens. The ban's, shall he .11owe.l IU days after receipt thereof for examination n( said title: and rhe making of any objections then•:), said objuaions to be made in w'riring nr deemed to be waived. If any ubjections are sat ,tide the seller shall be allowed IM days u, make such title marketable. Pendine corrcaiun of title the payntents,hereuoder required shall be pustp(ncci, but upon corrcainn n( tide and within Ill daps attar written notice n) the I,uyeq rhe 113htn5 shall perfonn this :p,tcement arconling ata its turns. If said tide is nut marketable and i% not made so within 120 days from rile date of written objections thereto as above provided, chis agrccuont shall Ise null and void, m option of the buyer, and neither Principal shill be liable for damages hereunder to the other princgpul. All money theretofore paid by Elie buver shall be refunded. If die tilt to said property be found marketable or be %u. mail.,within said tune. :oul said lin yet shall default in any of hhc agrecnn,ms and continue in delimit for a period of 10 day's, then and in that case the seller may terminate this contract and on such termination.all the payments made upon this contract shall he retained by said seller and s.iid agent, as Ehcih respective interests may appear, as liquidated damages, time Iscing of the essence hereof. '['his provision shall not deprive either party of the right of enhnciny the sPerhhc performance of this contract provided such contract shall not be terminated as aforesaid, anti provided action c,a rnforcc such E spcuC performance shall_ lir runhmn ectd within mon six ths after such right of as ion shall :ante It is under.,n5W and ae;reed that this sale is made subject tit the approval by the owner of said premises lin writing and that rile onder- sirned agent is in no nunuer liable or responsible on account of this a_rermem. except to return or account for the earnest money paid under thi%cnntr.ct. -rhe delivery of all papers and monies shall be made at the once of:. .-..... '-"" "—."—'-. -""""' ...... ............................... ......... ......... -.... ....... _.,........ .. By .... .............. ............ Agent 1, the undcrsigrsed, owner of the above land; do hereby approve a �' a-bo�veI agreement ar the sale thereby made. 1 hereby agree to purchase the said property for the price and If '�""'"��� r upon the terms above mentioned, and subject to all conditions h i teased. p_- ....................... .... ....................................................(SEAL) `-' .:..........................................DuYcr ........................................... (SEAL) '!�- � t� I Nlilll,.1.1�t.j) In m.:molt• ;f f RrCFlVED OF.... PURCHASE AGREEMENT ...... ,Minn., i:iiiti,vY� s��u; p'rre ha,p>' •' q • I'INIC—Ito tee's Id•c,;ipt u 19. 7X thesum of.....-.._ ... ..................................................................................... .. .. ........($....%zi-v..--..) DOLLARS ... ...._ .. ...- ................................as earnest money and in pun paynn•nl for Elie purchase of property at (Ghrrk. Cash or Nate — Stole Which .� �:. � �..........�i"U!-....�......-�iv................ ..,,,...................situated in the -ems Count)' of-_-.....:........_....................................................... State of Dfjnnesota, and legally dcscrihed as follows, t) -wit' i� �� eeJ1 P� 4>J,!} ��-� a--7 , 0— � 0 including all garden bulbs, plants, shrt>�js and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian bl}YY'nds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, ranks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located un said premises and including also the following personal property: all of which property the undersigned has this duo the buyer for the sum of: 77 Q_..._....-....(� 5. ............................— TS. �....................) DOLLARS, gjAv,�yyJ��'n d which the buyer agrees to pay inthe . �following manner 3 G �' wd Earnesimoncy herein paid $....,Q!Qd..s.!...-and $.-J./ cash, on ....... ........... the date of closing. LK r/�2 —�<`� l� � � trout Deed Subject to,prrh)nnanre y the buyet the seller agrees to execute nd deliver a ......._..............................................._.,....... y (m he joined in by spouse. if any) conveying ntarkeutble tide to said premises subject only in the following excepimm: (a) ISuilding and zoning laws, ordinances. Stale and Federal regulations. l b) Restrictions relating to use or improvement of premises without effective forfcitme provision. (c) Reservation of any minerals tar mineral rights to the State til hfinnesota. (d) thility and drainage a:utwiertls which do tint iuu:rferc with present intprovemcnls. (e) It ighcs of tenants is follows: (units% specified, not subject to tenancies) - - t "cw asscssmr '1'ha• buyer shall ria the real reale cues due in the year U-�d .. . `,r•Iler wnnonts that real csUtc rases dot m rbc year UQ' will .-..... no ..Mead— _. ... -. lromcuead cla%%,ucrnon -il1LO''k� '� r //®((til I, partial or tion-humcstcaJ — static Which) Ncid,er the seller nor the seller's agent make :any representation or warrant' whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. : Stllcr cuveniuts that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property nut included herein anti all debris from the premises prior tit possession date SELLER WARRANTS ALL APPLIANCES, 1117M ING, AIR CONDITIONING, WIRING AND PLUaI111NG USI.D AND LOCATED ON SAID PREhIISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. 'rile seller further agrees to tidiver possession not poet than .."-"'"-"'"-" "-.Provi.lcd that all conditions ,f Ilii% arree•n)cnt have been complied with, finless otherwise specified this sale shall he dosed r or before 60 days from the due hcreni. Ili ill, event chis property is destroyed of substantially damaged by fire or any other cause before the closing date, this ngrecmcnE shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjusune•nn l rent), interest, insurance and city water, and, in the" case of income pn gent', current operating rspensrs, -pian be made as of ....,...... ..._.._............. _...................___. ... -. 'I'he seller shall, within a reasonable time after approval of this agreement, for ash an absvac[ of title, ora Registered Trope ray Airstact it, ctified to dace m include proper searches cuvemn, bank topic its, and Shue and Federal judensc•uu and liens. The ban's, shall he .11owe.l IU days after receipt thereof for examination n( said title: and rhe making of any objections then•:), said objuaions to be made in w'riring nr deemed to be waived. If any ubjections are sat ,tide the seller shall be allowed IM days u, make such title marketable. Pendine corrcaiun of title the payntents,hereuoder required shall be pustp(ncci, but upon corrcainn n( tide and within Ill daps attar written notice n) the I,uyeq rhe 113htn5 shall perfonn this :p,tcement arconling ata its turns. If said tide is nut marketable and i% not made so within 120 days from rile date of written objections thereto as above provided, chis agrccuont shall Ise null and void, m option of the buyer, and neither Principal shill be liable for damages hereunder to the other princgpul. All money theretofore paid by Elie buver shall be refunded. If die tilt to said property be found marketable or be %u. mail.,within said tune. :oul said lin yet shall default in any of hhc agrecnn,ms and continue in delimit for a period of 10 day's, then and in that case the seller may terminate this contract and on such termination.all the payments made upon this contract shall he retained by said seller and s.iid agent, as Ehcih respective interests may appear, as liquidated damages, time Iscing of the essence hereof. '['his provision shall not deprive either party of the right of enhnciny the sPerhhc performance of this contract provided such contract shall not be terminated as aforesaid, anti provided action c,a rnforcc such E spcuC performance shall_ lir runhmn ectd within mon six ths after such right of as ion shall :ante It is under.,n5W and ae;reed that this sale is made subject tit the approval by the owner of said premises lin writing and that rile onder- sirned agent is in no nunuer liable or responsible on account of this a_rermem. except to return or account for the earnest money paid under thi%cnntr.ct. -rhe delivery of all papers and monies shall be made at the once of:. .-..... '-"" "—."—'-. -""""' ...... ............................... ......... ......... -.... ....... _.,........ .. By .... .............. ............ Agent 1, the undcrsigrsed, owner of the above land; do hereby approve a �' a-bo�veI agreement ar the sale thereby made. 1 hereby agree to purchase the said property for the price and If '�""'"��� r upon the terms above mentioned, and subject to all conditions h i teased. p_- ....................... .... ....................................................(SEAL) `-' .:..........................................DuYcr ........................................... (SEAL) '!�- � Ll • a -k -u CL4 U Ck to tVLJL,� �A �IS4 C�-,IJ4 . r -k bac. 6,--Z� ez�P e V-zt-e� 7�- • i 0 u 0 0 6A c �t rl 1 AAA a' (' 1 _A L `J 0 J • SHEAR & ROONEY, LTD46 Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha THOMAS J. ROONEY St. Paul, Minnesota 55102 LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Street November 13, 1979 Jensen Beach, Florida 33457 Dakota County Treasurer Dakota County Government Center 1255 W. Highway 55 Hastings, Minnesota 55033 Re: Thomas R. Bergin - No. 10-02200-010-85 Dear Sir: Telephone 2243361 Area Code 612 Please let me know if the second half of the 1979 taxes on the above property have been paid. If so, please sign this letter and return it to me. We need to know that the taxes for 1979 are paid on this property in order to release an escrow. Thank you. T.7R/br Yours very truly, SHEAR & ROONEY, LTD. Tes for 9 in the amount of $ 05 . are pap,, in full. November 15, 1979._ O" f Dakota County Treasurer November 20, 1979 Paul Hauge Attorney, at Law 3908 Sibley Memorial Highway Eagan, Minnesota Dear Paul: Please kdvise the Minnesota Central'Credit Union that they can release the escrow�ou.. Y`- (J7�1-7 Thomas J. Boon� _SUL H. HAUGE & ASSOCIATES, P.A.* ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN IST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE November 26, 1979 TELEPHONE 454-0224 Mr. Peter Klose OLUA Minnesota State Planning Agency Capital Square Building St. Paul, Minnesota 55101 RE: 27-00861 Patrick Eagan Park - City of Eagan, Dakota County. Dear Mr. Klose: I am enclosing the following in regard to the Patrick Eagan Park acquisition relating to the purchase of property from Thomas Rooney: 1. A letter dated October 31, 1979, from Barbara Schmidt, Eagan Park Director, addressed to you. 2. A copy of a Warranty Deed dated May 7, 1979, from Thomas J. Rooney and wife to the City of Eagan. 3. Attorney's title opinion - Form OR -18. 4. A five (5) year history of conveyance - see Form OR -18. 5. Copy of Warrant. 6. State of Just Compensation. 7. Written Offer to Purchase. Very truly yours, Paul H. Hauge PHH:cdg enc. CC ' Cd��Ac'e- 0 0 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN 1ST. PAUL), MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH KEVIN W. EIDE Minnesota Central Credit Union 577 University Avenue P.O. Box 3068 St. Paul, Minnesota 55165 Gentlemen: AREA CODE 612 TELEPHONE 4543224 November 26, 1979 RE: Thomas R. Bergin - No. 10-02200- 010-85. On behalf of the City of Eagan, this is the authorization that releases the tax escrow mentioned on the above property. Very truly yours, Paul H. Hauge, City Attorney of Eagan. PHH:cdg 9AUL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW .3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE December 17, 1979 TELEPHONE 454-4224 Mr. Charles Winden C.R. Winden & Associates, Inc. 1381 Eustis Street St. Paul, Minnesota 55108 Dear Chuck: I noticed according to my file dealing with Tom Rooney that I talked with you on October 29th and November 27th about straightening out the bill for surveying for Tom Rooney and the Patrick Eagan Park. Each time you indicated that you would give me a corrected statement with a distinct breakdown between the work down on the request of Tom Rooney relating to his own property as opposed to that done for the City of Eagan in relation to the Patrick Eagan Park being purchased by the City from Tom Rooney. I also understand that Barbara Schmidt talked with you several months ago about this bill and it is still not straightened out. I would appreciate your prompt attention. Very truly yours, Paul H. Hauge PHH:cdg cc: Barbara Schmidt PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH KEVIN W. EIDE Mrs. Alyce Bolke CITY OP FACAN 3795 Pilot knob Road Eagan, Nq 55122 RF: Patrick Eagan Park Dear. Alyce: January 21, 1980 AREA CODE 612 TELEPHONE 4544224 I am enclosing the following in connection with the purchase of the above referenced property: 1. Abstract of Title 2. Photo cony of the Warranty Deed from Thomas and Barbara Roonev 3. Photo copy of our letter to the State Planning Agency enclosing the Lawcon forms. 4. Our statement of fees. Very truly yours, Paul Ii. llauge P1111 : me enc. Fii ee c) % 3S PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE 0 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 January 25, 1980 Mrs. Barbara Schmidt Eagan Park Director City of Eagan Pilot Knob Road Eagan, Q _ Eagan, MN RE: Thoma- Rooney parY file Dear Barb ra: AREA CODE 612 TELEPHONE 454-4224 Concerning the two items which we discussed over the phone on January 24, 1980, I have enclosed a copy of the most recent draft of the Purchase Agreement for your file and I have also contacted Mr. Rooney concerning the insurance binder, naming the City of Eagan as a co-insured. Mr. Rooney's response was that he has not obtained a copy of the insurance binder from his agent as of yet and, therefore, we do not have a copy. He has assured me that he will obtain this insurance binder prior to his cutting of any wood upon the land now owned by the City of Eagan and I have requested that he forward this binder to us at the earliest possible moment. Sincerely, Kevin W. Eide KWE:me enc. cc: Thomas Rooney RATIUNS - Art= to your pogcy vE01'JkEflS MW © SPECIAL ❑ BROAD :,1,1X1 idlr�lc•'1•; FI ❑r I tIOYf 'i%, L1� vDi: .P L. ❑ CONDOMINIUM'OWNERS ❑ TOWNHOUSE ❑ BASIC ® NON-SMOKER 0 BROAD FORM RENTERS ILLINLI5FA.R1•',ERS IASUkAi,LL CCAPANY, CUkLAAr ILL INUIS A 'STLCK IINSURANCE COAPmiaY htREL+ LALLEC Tht L APANY Loan ADEN'(— DENNIS J NELSLn—F17Lnt 464=—c79c No. 1 To 10-0�—caJ. at c NLCA Standard Time at described residence premises flt checked here, this policy will continue for successive policy periods as follows: If we elect to continue this insurance, we wil[ renew this policy it you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then In effect. You must pay us prior to the end of the current policy period or else this policy will expire. If a mortgagee is namcd In this pr;;icy, we will continue Ibis insurance for the marigagee's Interest for ten days atter written notice of termination to the mortgagee and then this policy will terminate. policy Number 1}+Cf;AS J RCONEY E BARtIAi.A J 1.CL..�Y r CL=B L9 i2 2156 UPPER AFTCIv RD A ent S1 PALL Mn SS -19 g 1�—:tL--Set Same as mailing address unless otherwise stated: PkUOLNI]AL INSURANCE CCi!FAiIY �I A;-,E1tJLj+ M L S D BLX 90.49 VAN INUlS CA 9I46L We provide insurance only for those coverages indicated by a 1.5, L_c 6 w chle W: ofConstrpct u. only) ion o wel 1- k A t -I - `''ng No. of Units is. LIE 1 Insured is: Ci,NER Premium r1 i�11R First Year. r6JJ I ]0.1.51'1 Of UseI Liabilit J .. -, J-1 JJ_I 5yJti.v limit or other notation. OTI =isresidential, Medicaly rs hson unless stated of Combined) 'MOTOR11 Be, rte following Forms and Endorsements 1.1 S -L. EItn SLD adla, ;Deductible - Cov. A, B or C $ L -J- Exception. ❑4 If checked here, a deductible of 62b0 applies to loss under coverage C caused bylholl. In case of a loss under Cov. A, B. or C. we cover only Ihr i part of the Iola] loss over the dedu(llble stated. I ya:•, ,%N Ih<_ CC OF AML: — placeollssuance� M L 5 U b)( iJ 9 Uan ,\ClS CA -1145 L UC -LL -C_ Date Countersigned -�lil///J Continued on revers_1 si,a orizud R" epresente vu Attach to; n with Oho soma policy number shown on this;endersemem . CONTRACTUAL LIABILITY EPIDORSEMA T' Effective Date 12-05-79 F 8036 29 12 Policy Number of Company designated In the Declarations ET -68 5TH EDITION AN "%" eELOW MIANB COVERED -LIMITS 'COVERAGE OF LIABILITY EACH PER90N EACH OCCURRENCE Bodily Injury Liability $ ,000 — $ ,000 Property Damage Liability $ ,000 X Bodily Injury and Property Damage Liability $ . 300,000 $ 20.00 . 4 Premium `. In consideration of the payment of an additional premium therefor, ,the policy to which this endorsement is attached is ex- tended, subject to the limits of liability specified above, to cover the liability assumed by the named insured under thatportion, hereinafter set forth, of the named insured's agreement with CITY OF 4 CQaaht PIN as.follows:. (a) For bodily injury to any person or persons other than employees of the insured. (b) For property damage other than to property owned,'leased, occupied or used by, or in the care, custody or control of the insured, his agents, or any of his employees. The exclusion in the -policy relating to liability assumed under a contract or agreement shall not apply to the insurance afforded by this endorsement. _ The liability assumed by the named insured to which this endorsement applies is contained in the following except from the agreement referred to herein: EFFECTIVE not prior to time applied for (12:01 A.1k Standard Time in California and Oregon), on the effective date shown above, this endorsement, when countersigned, becomes part of the above numbered policy issued by the Company designated in the Declarations, and supersedesand controls anything in the policy contrary hereto but is otherwise subject to the Declarations, Insuring Agreements, Exclusions and Conditions thereof. Countcrsignc 7 AOT CO REPRCSENTATIVC 6G -000o (ACT -ET -Ga) STH EDIT/N 9-77 131 tri 62 (CONTRACTUAL LIABILITY END.) r wee �V Attach to yourfVf".ith the same Policy number shown on this endorsement: " �. ENDORSEMENT . : Effective Date 12-05-74 F 8038 29 12 Policy Number of the Company designated in the, Declarations ADDITIONAL INSURRD ENDORSEMENT IT IS AGREED THAT THE CITY OF EAGAN MINNESOTA SHALL BE NAMED AS AN ADDITIONAL INSURED FOR THE PROPERTY SHOWN AS THE SOUTH 1251.13 FEET OF THE NORTH 1911.13 FEET OF THE SOUTHEAST. QUARTER OF SECTION 22 TOWNSHIP 27 RANGE 23, DAKOTO COUNTY, BUT ONLY WITH RESPECT TO LIABILITY OF THE ADDITIONAL INSURED ARISING OUT OF THE ACTS.AND OMISSION OF THE NAMED INSURED. THIS EXTENSION OF COVERAGE DOES NOT APPLY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING EITHER WHOLLY OR PARTLY OUT OF (1) HIS OR ITS OWN NEGLIGENCE OR THAT. OF ITS AGENTS OR EMPLOYEES EXCEPT WHERE THE NAMED INSURED IS AN AGENT OR EMPLOYEE OF THE ADDITIONAL INSURED OR (2) ANY DEFECT OF MATERIAL, DESIGN OR WORKMANSHIP IN ANYTHING OF WHICH HE OR IT IS THE OWNER, LESSOR, MANUFACTURER, MORTGAGEE OR BENIFICIARY. THIS ENDORSEMENT SHALL NOT OPERATE TO INCREASE THE COMPANY'S LIABILITY UNDER THE POLICY. IT IS AGREED THAT UPON CANCELLATION OR TERMINATION OF THIS POLICY FOR ANY CAUSE THE COMPANY WILL MAIL NOTICE THEREOF IN WRITING TO SAID ADDITIONAL INSURED. This endorsement changes your policy contract only as shown. It becomes part of the above numbered policy on the date shown. When signed by us, it supersedes and controls anything to the contrary. It is subject to all other terms of the policy. Countersigned ' Authorize epresentative 91-0002 IE -0002) IST COITION 6.70 1461 Ogib. 62 iRAA1F R3 �1XIUPAX[f� M4 nu Non -Assessable Your e' ~"uro Form Homeowners c, Policy ie .1�' 7 e•,�� i r . . , Package cls ;? f Your Special Form Homeowners Package Policy offers a package of protec- tion tailored to your needs. It is written in non-technical easy -to -read style. Please read this policy to make sure you understand the coverage it provides. Your Farmers Agent will help you with any questions you might have. Ffnrmars gnsuaraa>nce Group 4680 Wilshire Boulevard, Los Angeles, California 90010 We shall provide the insurance described in this policy. In return you will pay the premium and comply with all policy conditions. Throughout this policy, "you" and "your" -mean the "named insured" shown in the Declarations and spouse if a resident of the same household. "We," ..us" and "our" mean the Company named in the Declarations which provides this insurance. In addition, certain words appear in bold type. They are defined as follows: 1. Accident means a sudden event, including contin- uous or repeated exposure to the same conditions, resulting in bodily Injury or property damage neither expected nor intended by the Insured. 2. Actualcash value means replacement cost of the property at the time of loss, less depreciation. 3. Bodily Injury means bodily harm, sickness or dis- ease, including care, loss of services and resulting death. 4. Business means any full or part-time trade, pro- fession or occupation. It includes rental or holding for rental of any premises by an Insured. 5. Insured means you and the following persons if permanent residents of your household: a., your relatives. b. anyone under the age of 21. Under Section II — Liability, insured also means: C. any person or organization legally responsible for animals or watercraft owned by you or anyone included in 5a or 5b, and covered by this policy. A person or organization using or having custody of these animals or watercraft in the course of any business or without permission of the owner is not an insured. d. any person while employed by you or anyone in 5a or 5b with respect to any vehicle covered by this policy. 6. Insured location means: a. the residence premises. b. any other premises acquired by you during the Policy period for your use as a residence. 1 c. part of any other premises used by you as a resi- dence and shown in the Declarations. d. any premises used by you in connection with the premises included in 6a, 6b or 6c. e. part of a premises not owned by an Insured but where an Insured is temporarily residing. f. part of a premises occasionally rented to an in- sured for non -business purposes. g. vacant land, other than farm land, owned by or rented to an Insured if described in the policy. h. land owned by or rented to an insured on which a one or two family dwelling is being built as a residence for an Insured: I. cemetery plots or burial vaults of an insured. 7. Motor vehicle means: a. a motorized land vehicle, including a trailer, semi- trailer or motorized bicycle, designed for travel on public roads. b. any other motorized land vehicle designed for rec- reational use off public roads while off an insured location. c. any vehicle while being towed by or carried on a vehicle described in 7a. None of the following is a motor vehicle: d. a motorized golf cart while used for golfing pur- poses. e. a motorized land vehicle in dead storage on an Insured location. f. a motorized land vehicle used only on an insured location and not subject to motor vehicle registration. g. a boat, camp, home or utility trailer not being towed or carried on a vehicle described in 7a. 8. Nuclear hazard means nuclear reaction, radiation, radioactive contamination or any result of these. 9. Property damage means physical injury to or de- struction of tangible property, including loss of its,use. 10. Residence employee means an employee of an insured whose duties pertain to the maintenance or use of the residence premises or who performs similar duties elsewhere which do not pertain to business pur- suits of an insured.' 11. Residence premises means the one or two family dwelling, separate structures and grounds, or that part of any other building where you reside, and shown in the Declarations. Coverages We cover: 1. The dwelling, including attached structures, on the residence premises and used principally as a private residence. 2. Material and supplies on or adjacent to the resi- dence premises for use in construction, alteration or repair of the dwelling or other structures on the resi- dence premises. Wall-to-wall carpeting attached to the dwelling is part of the dwelling. We cover other structures on the residence premises separated from the dwelling, or connected to the dwelling by only a fence, utility line or similar con- nection. 2 We do not cover separate structures used in whole or in part for business purposes. We do cover separate structures used solely as a private garage and rented or held for rental to a non -tenant of the dwelling. Wall-to-wall carpeting attached to a structure is part of the structure. We cover personal property owned or used by an in- sured anywhere in the world. At your request we shall also cover personal property: a. owned by others while the property is on the part of the residence premises occupied by an insured. b. owned by a guest while the property is in any resi- dence occupied by an insured. c. owned by a residence employee while in the serv- ice of an Insured anywhere in the world, and the prop- erty is in physical custody of the residence employee. Special Limits On Certain Personal Property These limits do not increase the Coverage C limit of insurance. The limit for each numbered group is the total limit for any one loss for all property in that group. 1. 10% of Coverage C limit or $1,000 (whichever is greater) on personal property usually Ibcated at an Insured's residence, other than the residence premises. This limit does not apply to personal property in a newly -acquired principal residence for 45 days after moving begins. 2. $100 on money, bank notes, coins, medals, bullion, platinum, gold and silver other than goldware and silverware, and collections of all such property. 3. $500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, passports, tickets and stamp collections. 4. $500 on watercraft, including their trailers, furnish- ings, equipment and outboard motors. 5. $500 on trailers not used with watercraft. 6. $1,000 on grave markers, headstones and urns. 7. $500 on theft of jewelry, watches, furs, precious and semi-precious stones. 8. $1,000 on theft of silverware, goldware and pewter - ware. 9. $1,000 on theft of guns. The limit of insurance for Coverage D is the total limit for all the following coverages: 1. Additional Living Expense. If a covered property loss makes the residence premises unfit to live in, we cover the necessary increase in living expense incurred by you so that your household can maintain its normal standard of living. We shall pay for the shortest time needed to: a. repair or replace the damaged property, or b• permanently relocate. 2. Loss of Rents. If a covered property loss makes that part of the residence premises rented to others or held for rental by you unfit to live in, we cover the loss of rents. We shall pay for the shortest time needed to make the rented or rental part fit to live in. The time period in 1 and 2 above is not limited by ex- piration of this policy. 3. Prohibited Use. If a civil authority prohibits you from use of the residence premises because of direct 3 damage to neighboring premises by a peril insured against in this policy, we cover resulting Additional Living Expense and Loss of Rents for not more than two weeks during which use is prohibited. No deductible applies to 1, 2 or 3 above. 1. Debris Removal. We shall pay the reasonable ex- pense incurred by you to remove debris of covered property following loss caused by an insured .peril. This expense is included in the limit of insurance ap- plying to the damaged property. 2. Necessary Repairs. We shall pay the reasonable cost incurred by you for necessary repairs made solely to protect covered property from further damage caused by a Peril Insured Against. This coverage does not increase the limit of insurance applying to the property being repaired. 3. Trees, Shrubs, Plants and Lawns. We cover trees,. shrubs, plants and lawns on the residence premises for loss caused by the following insured perils: Fire or Lightning, Explosion, Riot or Civil Commotion, Aircraft, Vehicles not owned or operated by a resident of the residence premises, Vandalism or Malicious Mischief and Theft. The limit .of insurance for any one loss shall not exceed 5% of the limit applying to the dwelling, nor more than $500 for any one tree, shrub or plant. This coverage is in addition to the limit apply- ing to the dwelling. 4. Fire Department Service Charge. We shall pay up to $500 as an additional amount of insurance, for service charges made by a fire department when called to protect covered property from an insured peril. No deductible applies to this coverage. 5. Emergency Removal of Property. We shall pay for direct loss from any cause to covered property while being removed from a premises endangered by a Peril Insured Against, and while removed for not more than 30 days. This coverage does not change the amount of insurance applying to the covered property. 6. Credit Card, Debit Card, Forgery and Counterfeit Money. We shall pay up to $1,000 as an additional amount of insurance, for loss to an insured caused by: a. theft or unauthorized use of credit or debit cards issued to an insured. b. forgery or alteration of a check or other negotiable instrument. c. acceptance in good faith of counterfeit United States or Canadian paper money. No deductible applies to a, b or c above. Defense: a. We may investigate and settle any claim or suit we consider proper. Our duty to defend any claim or suit ends when we pay a loss equal to the amount of in- surance. b. If a claim is made or suit is brought against any insured for payment under the Credit or Debit Card coverage, we defend at our expense. c. At our option and expense, we may defend the insured or the Insured's bank against a suit to en- force payment under the Forgery Coverage. Perils Insured Against We insure for all risks of physical loss to property de- scribed in Coverage A and B, subject to the exclu- sions described elsewhere in Section I of this policy. 4 We Insure for direct loss to property described In Cov- erage C, subject to the exclusions described elsewhere in Section I of this policy, caused by: 1. Fire or lightning. 2. Windstorm or hail. 3. Explosion. 4. Riot or civil commotion, including direct loss from looting. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke, if loss is sudden and accidental. B. Vandalism or Malicious Mischief. 9. Theft, including attempted theft and loss of prop- erty from a known location when it is likely that the property has been stolen. Personal property placed in these locations for safe- keeping is considered to be on the residence prem- ises: bank, trust, safe deposit company, public ware- house or occupied dwelling not owned, occupied or rented to an Insured. 10. Falling objects. 11. Weight of ice, snow or sleet, if property is con- tained ontained in a building. 12. Collapse of a building or any part of a building. 13. Accidental discharge or overflow of water or steam from a plumbing, heating, air conditioning sys- tem or household appliance. This peril does not include loss: a. to the appliance from which the water or steam escaped. b. caused by or resulting from freezing. ! a• We insure for all risks of physical loss to property de- scribed in Coverage A and B, subject to the exclu- sions described elsewhere in Section I of this policy. 4 We Insure for direct loss to property described In Cov- erage C, subject to the exclusions described elsewhere in Section I of this policy, caused by: 1. Fire or lightning. 2. Windstorm or hail. 3. Explosion. 4. Riot or civil commotion, including direct loss from looting. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke, if loss is sudden and accidental. B. Vandalism or Malicious Mischief. 9. Theft, including attempted theft and loss of prop- erty from a known location when it is likely that the property has been stolen. Personal property placed in these locations for safe- keeping is considered to be on the residence prem- ises: bank, trust, safe deposit company, public ware- house or occupied dwelling not owned, occupied or rented to an Insured. 10. Falling objects. 11. Weight of ice, snow or sleet, if property is con- tained ontained in a building. 12. Collapse of a building or any part of a building. 13. Accidental discharge or overflow of water or steam from a plumbing, heating, air conditioning sys- tem or household appliance. This peril does not include loss: a. to the appliance from which the water or steam escaped. b. caused by or resulting from freezing. C. on the residence premises caused by accidental discharge or overflow which occurs oft the residence premises. 14. Sudden and accidental tearing apart, cracking, burning or bulging of a steam, hot water or air condi- tioning system, or appliance for heating water. This peril does not include loss caused by or resulting from freezing. 15. Freezing of a plumbing, heating, air conditioning system or household appliance. This peril does not include loss on the residence premises while the dwelling is unoccupied unless you have used reasonable care to: a. maintain heat In the building, or b. shut off the water supply and drain the system and appliance of water. 16. Sudden and accidental damage from artificially generated electrical current. This peril does not Include loss to a tube, transistor or similar electronic component. Exclusions Applying To Coverage A and B— Dwelling And Separate Structures . We do not cover direct or indirect loss from: 1. Freezing of a plumbing, heating, air conditioning system or household appliance, discharge, leakage or overflow from such system or appliance caused by freezing while the dwelling is vacant or unoccupied unless you have used reasonable care to: a. maintain heat in the building, or b. shut off the water supply and drain the system and appliances of water. 2. Freezing, thawing or pressure of water or ice, whether wind driven or not, to a fence, pavement, patio, swimming pool, foundation, retaining wall, bulk- head, pier, wharf or dock. 3. Theft in or to a dwelling under construction, or of construction materials and supplies until the dwelling is completed and occupied. 4. Vandalism or Malicious Mischief, breakage of glass and safety glazing materials if dwelling has been vacant for more than 30 consecutive days just 5 before the loss. A dwelling under construction is not considered vacant. 5. Continuous or repeated seepage or leakage of water or steam over a period of weeks, months or years, from a plumbing, heating, air conditioning sys- tem or household appliance. 6. Wear and tear, marring, deterioration, inherent vice, latent defect, mechanical breakdown, rust, mold, wet or dry rot, contamination, smog, smoke from farm smudging or industrial operations, settling, cracking, shrinking, bulging. or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings, birds, ver - .min, rodents, insects or domestic animals. If any of these cause water to escape from a plumbing, heating, air conditioning system or household appliance, we cover loss caused by water. We also cover the cost of tearing out and replacing any part of a building neces- sary to repair the system or appliance. We do not cover loss to the system or appliance from which the water escaped. , Under Items 1 through 6, any ensuing loss not excluded is covered. Applying To Coverage C — Personal Property Property Not Covered We do not cover: 1. Personal property insured elsewhere in this or any other policy. 2. Animals, birds or fish. 3. Motor vehicles. 4. Any sound equipment operated from the electrical system of a motor vehicle, watercraft, camp or home trailer, or any tape, wire, record disc or other medium for use with such sound equipment while any of this property is in or upon a motor vehicle, watercraft, camp or home trailer. 5. Aircraft and,parts. 6. Property of roomers, boarders and other tenants, except property of roomers and boarders related to an Insured. 7. Property in an apartment on the residence prem- ises regularly rented or held for rental to others by an Insured. . 6.. Property rented or held for rental to others off the residence premises. 9. Business property off the residence premises. 10. Business property pertaining to a business con- ducted on the residence premises. 11. Business property on the residence premises in storage, held as samples, or held for sale or delivery after sale. Losses Not Covered We do not cover loss: 1. To property in a building caused by rain, snow, sleet, sand or dust unless these elements enter through an opening in the roof or wall of the building caused by the direct force of wind or hail. 2. To watercraft and their trailers, furnishings, equip- ment and outboard motors caused by windstorm or hail except while inside a fully enclosed building. 3. Caused by smoke from farm smudging or indus- trial operations. 4. Caused by theft: a. committed by an insured. b. In or from a dwelling under construction, or of con- struction materials and supplies until the dwelling is completed and occupied. c. from any part of a residence premises rented to others. d. at any other residence owned, rented to, or occu- pied by an insured except while an Insured is tempo- rarily residing there. Property of a student insured is covered at a residence away from home if the student has been there at any time during the 45 days just before the loss. e. of unattended property in or on a motor vehicle, watercraft or trailer (other than a public conveyance) unless there is physical evidence of forcible entry into the locked vehicle. The property is covered when the vehicle is stolen and not recovered within 30 days, or when an insured has entrusted the keys to a custodian. Evidence of forcible entry is not required when the vehicle is on the residence premises. I. of watercraft and their equipment, campers and trailers off the residence premises. 5. To property in a building caused by a falling object, unless the object first damages the roof or an outside wall of the building. 6. Caused by settling, cracking, shrinking, bulging, or expansion. L Applying To Coverage A, B and C We do not cover direct or indirect loss from: 1. Enforcement of any ordinance or law regulating construction, repair or demolition of a building or other structure, unless endorsed to this policy. We do cover loss caused by order of civil authorities to prevent the spread of fire from a Peril Insured Against. 2. Earthquake or other earth movement. We do cover direct loss of fire, explosion, theft, break- age of glass which is part of a building, storm door or storm window, resulting from earthquake or other earth movement. 3. Water damage, meaning: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether driven by wind or not. b. water which backs up through sewers or drains. c. water below ground level, including water which exerts pressure on or flows, seeps or leaks through any part of a building or other structure, sidewalk. driveway, foundation or swimming pool. We do cover direct loss by fire, explosion or theft re- sulting from water damage. 4. Interruption of power or other utility service which originates off the residence premises. If a Peril Insured Against ensues on the residence premises, we shall pay only for loss caused by the ensuing peril. 5. Neglect of an Insured to use all reasonable means to protect covered property at and after the time of loss, or when property is endangered by a Peril Insured Against 6. The result of intentional acts of an Insured. 7. War, including undeclared war, civil war, insurrec- tion, rebellion, revolution or warlike act by military per- sonnel. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. 8. Nuclear hazard. Loss caused by Nuclear hazard shall not be consid- ered loss by perils. of Fire, Explosion or Smoke. We do cover direct loss by fire resulting from Nuclear hazard. Applying To Coverage D—loss 6f Use We do not cover: 1. Loss or expense due to cancellation of a lease or agreement. 2. Under Loss of Rents, any expense that does not continue while that part of the residence premises rented to others or held for rental is unfit to live in. Applying To Additional Coverages We do not cover: 1. Under Trees, Shrubs, Plants and Lawns, property grown for business purposes. 2.. Under the Credit or Debit Card coverage: a. loss arising out of business pursuits or dishonesty of an Insured. b. use by a resident of your household, a person en- trusted with the credit or debit card, or any person if an insured has not met all the terms under which such card is Issued. Conditions 1. Insurable Interest and Limit of Insurance. Even if more than one person has an insurable interest in the covered property, we shall not pay more than: a. an amount equal to the Insured's interest, nor b. the applicable limit of insurance. 2. Your Duties Atter Loss. If a covered loss occurs, you will perform the following duties: a. give immediate notice to us or our agent. In case of theft, also notify the police. In case of loss under the Credit or Debit Card coverage, also notify the credit card company or bank. b. protect the property from further damage. Make necessary and reasonable repairs to protect the prop- erty. Keep records of repair costs. c. make a list of all damaged or destroyed personal property showing in detail the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related records that support your figures. 7 d. as often as we reasonably require: (1) exhibit damaged property. (2) provide us with records and documents we re- quest and permit us to make copies. (3) submit to examination under signed oath. e. submit to us within 60 days after the loss, your signed sworn statement showing: (1) time and cause of loss. (2j interest of the Insured and all others in the property involved. (3) all legal claims against the property. (4) other insurance which may cover the loss. (5) changes in title or occupancy of the property during the term of the policy. (6) specifications and detailed repair estimates of any damaged building. (7) a list of damaged or destroyed personal prop- erty described in 2c. (6) receipts and records that support additional living expenses and loss of rents. (9) evidence supporting a claim under Credit Card, Debit Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss: 3. Loss Settlement. a. Except as stated in Item b, loss to buildings under Coverage A and B will be settled at replacement cost without deduction for depreciation. (1) Settlement under replacement cost will not be more than the smallest of the following: (a) the limit of insurance under this policy applying to the building. (b) the replacement cost of that part of the building damaged for equivalent construction- and use on the same premises. (c) the amount necessarily spent to repair or replace the building intended for the same occupancy and use. (2) When the cost to repair or replace is more than $1,000 or more than 5% of the limit of in- surance in this policy on the building; which- ever is less, we shall pay no more than the actual cash value of the damage until repair or replacement is completed. (3) At your option, you may make a claim under this policy on an actual cash value basis for loss or damage to buildings. Within 180 days after loss you may make a claim for any addi- tional amount on a replacement cost basis if the property has been repaired or replaced. b. Loss to the following types of covered property will be settled at actual cash value, but not more than the amount necessary to repair or replace: (1) personal property and structures that are not buildings. (2) carpeting, domestic appliances, awnings, out- door equipment and antennas, all whether or not attached to buildings. 4. Value Protection Clause. We may change the limit of insurance applying to Coverage A, B. C and D to reflect changes in costs of construction and personal property values. Any such change will .be made on the renewal date of this policy, or on the anniversary date of 3 -year policies paid annually. 5. Other Insurance. If both this and other insurance apply to the same loss, we shall pay our share. Our share will be the amount that this insurance bears to the total limit of all insurance applying to the loss, col- lectible or not. 6. Deductible Clause. We shall pay for loss to covered property less the deductible amount shown in the Declarations. 7. Loss to a Pair or Set. We may elect to: a. repair or replace any part of the pair or set to re- store it to its value before the loss, or b. pay the difference between actual cash value of the property before and after the loss. Loss to a part does not mean a total loss of. the pair or set. 8. Glass Replacement. Glass damage caused by a Peril Insured Against will be replaced with safety glaz- ing materials when required by law. 9. Appraisal. If you and we fail to agree on the amount of loss, either one may make a written demand for ap- praisal. Each parry will choose an able, independent appraiser and notify the other of the appraiser's iden- tity within 20 days after demand is received. The ap- praisers will choose an able, impartial umpire. If the appraisers cannot agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to choose an umpire. The appraisers will then set the amount of loss. If the appraisers submit a written agreement to us, the agreed amount shall be the amount of loss. If the ap- praisers cannot agree, they will submit their differences to the umpire. A written agreement signed by any two shall set the amount of loss. Each party will pay the appraiser it chooses. The um- pire and all other expenses of the appraisal will be paid equally by you and us. 10. Permission Granted. a. The residence premises may be vacant or unoccu- pied without limit of time, except where this _policy states otherwise. b. You may make alterations, additions and repairs to the residence premises and complete structures under construction. - 11. Control of Property. Any act or neglect of another person will not impair this insurance, if not within your control. 12. Suit Against Us. We may not be sued unless there has been full compliance with all the terms of this pol- icy. Suit must be brought within one year after the loss. 13. Our Options. We may repair or replace the dam- aged property with equivalent property. Wbmay also take all or part of the damaged property at the agreed or appraised value. We shall give you written notice of our intention within 30 days after receipt of your signed sworn statement of loss. 14. Loss Payment. We shall adjust all losses with you. We shall pay you unless another payee is named in the policy. We shall pay within 60 days after: a. we reach agreement with you, or b. a court judgment, or c. an appraisal award. A loss payment will not reduce the applicable limit of insurance. 15. Abandoned Property. We need not accept prop- erty abandoned by an Insured. 16. Mortgage Clause. The word "mortgagee" In- cludes trustee or loss payee. If a mortgagee is named in this policy, a covered loss will be paid to the mort- gagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of the mortgages. If we deny your claim, such denial will not apply to a mortgagee's valid claim if the mortgagee: a. knows and notifies us of any change of ownership, occupancy or substantial change in risk. b. pays on demand any premium due if you have failed to do so. c. submits a signed, sworn statement of loss within 60 days after we notify mortgagee of your failure to do so. Policy conditions relating to Other Insurance, Appraisal, Suit Against Us and Loss Payment apply to the mortgagee. We shall give the mortgagee 10 days notice before cancelling this policy. If we pay the mortgagee for any loss and deny pay- ment to you: a. we have right of recovery against any party respon- sible for the loss, or b. at our option, we may pay off the entire mortgage debt to the mortgagee. In this event, we receive full transfer of the mortgage. A mortgagee's claim will not be impaired by transfer of a right of recovery. 17. No Benefit to Bailee. This insurance will not benefit any person or organization who may be caring for or handling property for a fee. Coverages We shall pay all damages from an accident which an Insured is legally liable to pay because of bodily in- jury or property damage covered by this policy. At our expense we shall defend an insured against any covered claim or suit. We may investigate and settle any claim or suit that we consider proper. We shall not defend or make any payments after we have paid the Policy limits for the accident. P We shall pay the necessary medical expenses incurred by a person other than you or any resident of your household within three years from the date of an acci- dent causing bodily Injury. Medical expenses mean reasonable charges for medical, surgical, x-ray and dental services, prosthetic devices, eye glasses, hear-. ing aids, pharmaceuticals, ambulance, hospital, li- censed nursing and funeral services. Limitations. This coverage applies only to a person: a. on the Insured location with permission of an Insured, or b. elsewhere if the bodily injury: (1) arises out of a condition in the insured loca-. tion or the adjoining ways. (2) is caused by the activities of an Insured. (3) is caused by a residence employee in the course of employment by an Insured, or (4) is caused by an animal owned by or in the care of an Insured. Additional Coverages We shall pay, in addition to our limit of liability: 1. Claim Expenses Incurred Before Our Limit of Liability is Paid. a. all costs we incur in the settlement of a claim or defense of a suit. b. premiums on bonds required in a suit we defend, but not for bond amounts greater than the Coverage E limit of liability. c. reasonable expenses incurred by an insured at our request, to help us investigate or defend a claim or suit. These.inciude loss of earnings (but not other income) of up to S60 per day. d. interest after entry of judgment on any amount that does not exceed our limit of liability.. 2. First Aid Expenses. Expenses for first aid to others incurred by an. insured for bodily injury covered by this policy. We shall not pay for first aid to you or any other insured. 3. Damage to Property of Others. At your option, we shall pay up to $500 per accident for property dam- age to property of others caused by an insured. Cov- erage applies when an insured is not legally liable for the damage. Exclusions Applying To Coverage E— Personal Liability We do not cover: 1. Liability assumed under an unwritten contract or agreement, or under any contract or agreement relat- ing to a business of an Insured. 2. Property damage to property owned by an insured or any other resident of your household. 3. Property damage to non -owned property in the care, custody or control of an insured. We do cover such damage caused by Fire, Smoke or Explosion as covered in Section I of this policy. 4. Bodily Injury to any person, if an insured has or is required to have a policy providing workers' compen- sation, occupational disease or non -occupational dis- ability benefits covering the bodily injury. 5. Bodily injury to any resident of the household except a residence employee. 6. Bodily injury or property damage when an insured is covered under any nuclear energy liability policy. This exclusion applies even if the limits of that policy have been exhausted. 10 Applying To Coverage F— Medical Payments To Others We do not cover bodily injury: 1. To you or any resident of your household except a residence employee. . 2. To a residence employee olf the insured location and not in the course of employment by, an insured. 3. To any person eligible to receive benefits provided or mandated under any workers' comcensaticn, occu- pational disease or non -occupational cisatwity law. 4. From any nuclear hazard. Applying To Coverage E and F— Personal Liability and Medical Payments To Others We do not cover bodily injury or property damage 1. Arising out of business pursuits of an Insured. But we do cover: _ a. direct loss. from activities normally considered non -business. b. rental or holding for rental of a residence of yours: (1) on an occasional basis for sole use as a resi- dence. (2) in part, by no more than two roomers or board- ers for sole use as a residence. (3) in part, as an_ office, studio or private garage. c. part-time services performed directly by an insured under age 21 who is a resident of your household. "Part-time'' means no more than 20 hours per week. 2. Arising out of rendering or failure, to render busi- ness or professional services. 3. Arising as a result of intentional acts of an insured. 4. Arising out of a premises owned by or rented to an insured which is not an insured location. 5. Arising out of ownership, maintenance, use, load- ing or unloading of: a. aircraft. b. a motor vehicle owned or operated by or rented or loaned to an insured. c. watercraft: (1) owned or rented to an Insured if it has inboard or inboard-outdrive motor power of more than 50 horsepower. (2) owned or rented to an Insured if it is a sailing vessel 26 feet or more in length. (3) powered by one or more outboard motors of more than 25 total horsepower owned by an Insured. . Exclusion 5c does not apply while watercraft is stored. Exclusions 4, 5b and 5c do not apply to bodily Injury to a residence employee in.the course of employment by an Insured. 6. Caused directly or indirectly by war, including un- declared war, civil war, insurrection, rebellion, revolu- tion or warlike act by military personnel. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. Applying To Additional Coverages Under Damage to Property of Others we do not cover damage: 1. To property covered under Section I of this policy. 2. Purposely caused by an Insured 13 years of age or older. 3. To property owned by or rented to an insured, a tenant of an Insured, or any resident of your house- hold. 4. Arising out of: a. business pursuits b. any actor omission relating to a premises owned, rented or controlled by an Insured, other than the insured location. c. the ownership, maintenance or use of a motor vehicle, aircraft or watercraft. 11 Conditions 1. Limit of Liability. Our total liability under Coverage E for damages resulting from one accident will not exceed the limit shown in the Declarations. This limit applies regardless of the number of insureds, claims made or persons injured. Our total liability under Coverage F for all medical expenses for bodily Injury to one person resulting from one accident will not exceed the limit shown in the Declarations. 2. Separate Insurance. This insurance applies sepa- rately to each Insured. This condition does not in- crease our limit of liability for any one accident. . 3. Duties After Loss. In case of an accident the In- sured will perform the following duties: a. as soon as possible give written notice to us or our agent, stating: (1) the policy number.and name of Insured. (2) the time, place and, circumstances of the accident. (3) names and addresses of claimants and wit- nesses. b. promptly send us any legal papers received re- lating to a claim or suit. c. cooperate with and assist us in any matter relating to a claim or suit. d. under the coverage Damage to Property of Others, send us a sworn statement of loss within 60 days of the loss. -The Insured will also exhibit the damaged property if within the Insured's control. e. the Insured will not, except at the Insured's own cost, voluntarily make any payment, assume any obli- gation or incur any expense except First Aid Expenses at the time of the bodily injury. . . . 4. Duties of an Injured Person — Coverage F — Medical Payments to Others. The injured person or someone acting on behalf of the injured person will: a. as soon as possible give us written proof of claim, under oath if required. b. authorize us to obtain medical records and reports. The injured person will submit to physical examination by a doctor we choose as often as we reasonably require. 5. Payment of Claim — Coverage F — Medical Pay- ments to Others. Payment under this coverage is not an admission of liability by an insured or us. 6. Suit Against Us. We may not be sued unless there has been full compliance with the terms of this policy. No one has the right to make us .a party to a suit against an Insured. We may not be sued under Cover- age E — Personal Liability until the obligation of the Insured has been determined by final judgment or agreement signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insolven- cy of an Insured will not relieve us of our duties under this policy. 8. Other Insurance — Coverage E — Personal Lia- bility. This Insurance is excess over any other valid and collectible insurance. But If other Insurance Is spe- cifically written as excess coverage over this policy, the limit of this policy applies first. If other insurance is written by us, only the highest limit of any one policy applies to the loss. en' viMeg Tlia:+ n*ir.Ai Pnl 1. Entire Contract. This policy and the Declarations include all the agreements between you and us re- lating to this insurance. 2. Policy Period. This policy applies only to loss un- der Section I or bodily Injury or property damage under Section II which occurs during the policy period. 3. Concealment or Fraud. We do not cover an In- sured who has concealed or misrepresented any ma- terial fact or circumstance relating to this Insurance, before or after the loss. 4. Coverage Changes. If any coverage under this policy is broadened within 60 days prior to or during the policy period, this policy will immediately provide the broadened coverage. We may change this policy or replace it to conform to the coverage currently in use. The change or new policy will be delivered to you, or mailed to you at your mailing address shown in the Declarations at least 30 days before its effective date. If a premium adjustment is necessary, we will make the adjustment as of the effective date of the change. No other change or waiver in this policy is valid except by endorsement issued by us. 12 5. Cancellation. a. You may cancel this policy by: (1) returning it to us, or (2) notifying us in writing when cancellation Is to take effect b. We may cancel this policy only for reasons stated below. We shall notify you in writing when cancellation takes effect. This cancellation notice may be delivered to you; of mailed to you at your mailing address shown in the Declarations. The mailing of it will be sufficient proof of notice. Cancellation Reasons (1) Non-payment of premium, whether payable to us, our agent or under a finance or credit plan. We may cancel at any time by notify - Ing you at least 10 days before the date cancella- tion takes effect. (2) Any reason, when this policy has been in effect for less than 60 days and is not a renewal with us. We shall notify you at least 10 days before the date cancellation takes effect. When the policy period is longer than one year and this policy has been In effect for 60 days or more, we may cancel at annual anniversary date. We shall notify you at least 31 days before the cancellation takes effect. (3) Fraud, concealment, material misrepresentation of fact or substantial change in risk, when this policy has been In effect for 60 days or more or at any time if a renewal with us. We shall notify you at least 31 days before the date cancel- lation takes effect. c. Return of premium: (1) If you cancel this policy, we shall return the short rate unused share of the premium. (2) If we cancel this policy, we shall return the prorated unused share of the premium. (3) If the return premium is not refunded with the notice of cancellation or when this policy is re- turned to us, we shall refund it within a reasonable time after the date cancellation takes effect. 6. Non -Renewal. We may elect not to renew this policy. We may do so by delivering to you, or mailing to you at your mailing address shown in the Declara- tions, written notice at least 30 days before the ex- piration date of this policy. The mailing of it will be sufficient proof of notice. 7. Assignment. Your.interest in this policy may not be transferred to another without our written consent. If you should die, we cover: a. any member of your household who is an Insured at the time of your death, but only while a resident of the residence premises. b. your legal representative, but only with respect to your premises and property covered under the policy at the time of death. c. any person having proper custody of your Insured property until a legal representative is appointed. 8. Subrogation. An Insured may waive in writing be- fore a loss all rights of recovery against any person. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us. If we seek an assignment, an Insured will help us to secure these rights and do nothing to impair them. Subrogation does not apply under Section II to Medical Payments to Others or Damage to Property of Others. 9. Conflict of Terms. If there are terms of this policy which conflict with laws of the state where issued, the terms are amended to conform to such laws. 10. Policy Fees. (Applies only if policy is issued in Mid -Century Insurance Company.) If you pay a. Policy Fee it is fully earned when the policy is issued. It is not part of the premium. It is not returnable. However, you may apply it as a credit toward policy fees required for other insurance accepted by us. PPlicable OnlY7lf�Thlsa old a�l�lssue ikB gnegF e1insurra�ncteEx�han`g'e 0 13Farmers lnsucance Exchangel)x r This policy is made and accepted in consideration of your. premium payment to us. It is also in consideration of the power of attorney you signed as part of your application and the information you gave to us on your application. Some of your statements actually become a part of the policy which we call "The Declarations." When you signed the power of attorney authority on your application, you authorized the Underwriters Association to execute interinsurance policies between you and other subscribers. Nothing in this policy is intended, or shall be construed, to create either: 13 1. A partnership or mutual insurance association, 2. Any joint liability. We may sue or be sued in our own name, as though we were an individual, if necessary to enforce any claims which arise under this policy. In any suit against us, service of process shall be upon the Underwriters Association, Attorney -in -Fact. _ : Membership fees which you pay are not part of the premium. They are fully earned when you are granted membership and coverage is effective. They are not re- turnable. However, they may be applied as a credit to membership fees required of you for other insurance which we agree to write. We hold the Annual Meeting of the members of the Fire Insurance Exchange at our Home Office at Los Angeles, California, on the first Monday following the 15th day of March of each year at 10:00 a.m. If this policy is issued by the Farmers Insurance Exchange, we hold such meeting at the same place on the same day each year at 2:00 p.m. The Board of Governors may elect to change the time and place of the_ meeting. If they do so, you will be mailed a written or printed notice at your last known address at least ten (10) days before such a time.. Otherwise, no notice will be sent to you. . The Board of Governors shall be chosen by subscrib- ers from among yourselves. This will take place at the Annual Meeting or at any special meeting which is held for that purpose. The Board of Govemors_shalLhave full power and authority to establiih such rules and' regulations for our management as are not inconsist- ent with the subscriber's agreements. Your premium for this policy and all payment made for its continuance shall be payable to us at our Home Office or such location named by us in your premium invoice. The funds which you pay shall be placed to your credit on our records. They will be applied to the payment of your proportion of losses and expenses and to the establishment of reserves and general surplus. The Board of Governors or its Executive Committee has the authority to deposit, withdraw, invest, and reinvest such funds. You agree that any amount which the Board of Governors allocates to our surplus fund may be re- tained by us. Also, after provision is made for all of our liabilities, it may be applied to any purpose deemed proper and advantageous to you and other policyholders. This policy is non -assessable. If you live in a state shown below, this policy is sub- ject to the provisions applying to your state. Arizona Under Section I, Coverage D. the Fire Department Service Charge coverage is deleted. Under Section I, Condition 12, Suit Against Us, in case of a burglary or theft loss, the words 'One year" are changed to "two years". California Actual cash value means fair market value of the prop- erty at the time of loss. Under General Condition 6, Non -Renewal, the words "30 days" are changed to "45 days". Idaho General Condition 10, Policy Fees, and the fifth para- graph of the Reciprocal Provisions, are deleted and re- placed with the following: Membership or policy fees which you pay are part of the premium, but are fully earned when coverage is effective. They are not refundable (except as noted in a. and b. below), but may be applied as a credit to membership or policy fees required for other insurance accepted by us. a. If we cancel this policy during or at the end of the first policy period, we shall refund all mem- bership or policy fees. b. If you cancel this policy during or at the end of the first policy period because It does not agree with the application and is not as represented by the agent, we shall refund all membership or policy fees. Under General Condition 5, Cancellation, no notice of cancellation is valid unless we notify you at least 20 days before the date cancellation takes effect. Kansas Under Section I, Condition 12, Suit Against Us, the words 'One year" are changed to "five years". , Illinois If we issue this policy on a one-year continuing basis, we agree to renew the policy upon sending notice of renewal premium due. 14 Under General Condition 6, Non -Renewal, the follow- ing is added: After this policy has been in force or renewed for five years we may not non -renew unless: a. the policy was obtained by misrepresentation or fraud, or b. the risk has measurably increased since incep- tion, or c. we notify you at least 60 days before the ex- piration date. Michigan The policy period of the Declarations is amended to add the following: At each renewal date we shall provide you with any form changes affecting the coverages to be continued. Minnesota Under Section 1, Condition 12, Suit Against Us, the words 'One year" are changed to "two years". Missouri Under Section I, Condition 13, Our Options, is amended by adding the following with respect to partial loss caused by fire: In case of partial loss to covered property, at your option and subject to the applicable limit of insurance we shall: a. pay you the actual cost of the damage, or b. repair the damage so that your property. is re- turned to the same condition it was before the tire. - Under General Condition 5, Cancellation Reason (2), the words "10 days" are changed to "30 days". Under General Conditions the following is added: 11. Participating Clause. It is agreed that you are a member of the Company providing this insurance. You shall participate in the distribution of dividends as de- termined by the Board of Governors, subject to the provisions of law. !:!ontana ,order General Condition 5, Cancellation; with respect - :o a residence premises, no notice of cancellation is, valid unless we notify you at least 30 days before the date cancellation takes effect. 4ebraska Under Section I, Conditions, the following is added: B. Valuation Clause. When any building insured undei.Coverage A.and B is wholly destroyed by - fire, tornado, 'windstorm, lightning -:or explosion,- ----- the limit of insurance written -on such property will be taken conclusively to be the true value of the property, amount of loss and measure of dam- age. This clause does not apply if there is any criminal fault on the part of an Insured or an Insured's assignee. North Dakota In this policy and any form attached to it, coverage ends at 12:01 a.m. Standard Time on the day following the day of expiration. Under Section I, Condition 12, Suit Against Us, the words 'one year' are changed to "three years". Oklahoma Under Section I, Condition 3, Loss Settlement item b., the following is added: (3) roof surfacing. Section I, Condition 4, Value Protection Clause is deleted and replaced with the following: Value Protection Clause: At the end of each month during the policy period we shallincrease the limits of insurance applying to Coverage A. B, C and. D. The amount of increase will equal the percentage increase in costs as reported by the United States Department of Commerce Cost Index. At each renewal date (anniversary date of 3 -year poli- cies paid annually) we shall adjust the limits of insur- ance and premium charged to reflect the monthly changes. The new limitsof insurance will be shown on the annual premium notice. Oregon Under Section I, Condition 4, Value Protection Clause, the following is added: If the new limit does not suit your needs, any other limit may be used upon notice to.us if -it represents at . least 80% of the value -of the insured property.:., _: ...... Washington Under General Condition 5, Cancellation, item b is amended as follows: We may cancel this policy by mailing written notice to you, or your representative or any mortgagee named in the policy. Such notice will be mailed.to the last' address known by us. Under Cancellation Reason (2) the words "10 days" are changed to "20 days". Wisconsin Under Section II', Conditions, the time required for giv- ing written notice in item 3a. and written proof In item 4a. will be as soon as possible, but in no event less than 20 days. Wyoming Under Section I; Condition -12, Suit Against Us; the last,- sentence ast„sentence is changed to read: "Suit :must be brought -- within four years after the loss". Under Section I, Condition 14., Loss Payment, the words "60 days" are changed to "45 days". We have caused this policy to be signed by our President and Secretary. This policy shall not be at unless countersigned on the Declarations page by a duly authorized representative of the Company. ��j/ •�� President $enefary 15 PAUL H. HAUGE & ASSOCIATES, P.A• ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE Mr. Peter Klose OLUA Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 March 34 1980 AREA CODE 612 TELEPHONE 454.4224 Re: 27-00861, Patrick Eagan Park, City of Eagan, Dakota County Dear Mr. Klose: I am enclosing the land and water conservation fund billing data sheet for Patrick Eagan Park acquisition relating to the purchase of property from Thomas Rooney. I have referred to the schedule of responsibilities of the local unit after grant approval and find that all required forms have been submitted at this time, with the possible exception that in our file I find a Statement of Owner - Waiver of Right of Just Compensation which document was not used because the owner was paid the appraised value of the land. I find in a different file that we have regarding a different park acquisition a form simply referred to as Statement of Owner and I am wondering if this form should be completed and forwarded to you regarding the Rooney acquisition? I would appreciate your response to the above question and also as to whether any other items are yet to be completed by the City regarding this property acquisition. Sincerely, Kevin W. Eide skk enclosure 'fkGleCt min Phnnhio AyxwY ' Offhza of LOW si d'U A/filr[ Invoice Number X -W . f rks ad Rierestbn Orma section No. LAND AND WATER OONSERVATION FUND.BILLINa DATA SHEET A_ YrNoma PATRICK EAW PAHR • I t'stdeme tt` g Ealzall . L w: ,.J. / I hereby cerVy that the goods or materials covered by this claim hays been Inspected and teoek*d or the services that have been per t :, formed ars In. accordance with scifimtl peons and are Ih p►oper form, kited. amount, and quatky and .payment therefore Is hereby recommended. Moog "K."FAVA FF 1 11 1 1 1- 11 . 11 1 1 }�-. a •�81 yr F l i 1(I. Nv�f'�J} p gllrt,t:*d'A a ^3 a ��'Y#r �h�'3 qtr '+' •^%n�y' yS����`•i�� 5 � Yy j+'yFv�l +iZ 'kiz- S�j frtY �A ♦� / j�AF n S f • I • f l I / THOMAS J. ROONEY LARRY NEILSON Of Counsel: Harold Shear 1074 N. E. Commercial Stmt Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attomeys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 March:4, 1980 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota Re: Thomas J. Rooney Sale to Eagan Dear Paul: Telephone 224-3361 Area Code 612 Enclosed is a copy of the Rider which has been applied to our liability policy. Also enclosed is copy of the declarations page of the policy and the homeowner's policy itself. Yours very truly, SHEAR & ROONEY, LTD. THOMAS J. ROONEY TJR/br Enc. OFFICE OF LOCAL AND URBAN AFFAIRS MINNESOTA STATE PLANNING AGENCY s CAPITOL SQUARE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE (612) 296-0091 March 6, 1980 Kevin W. Eide Paul H. Hauge & Associates, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 RE: 27-00861„ Patrick--Eagam-Park~--- 27-01021@P, Coachman Oaks Park City of Eagan, Dakota County Dear Mr. Eide: Thank you for the recent billing documentation for the above projects. The salmon color billing sheets ("for both projects) need to be signed and dated by authorized participant. Please return to our office at your earliest convenience. Sincerely, Peter W. Klose, Project Officer Parks and Recreation Grants Section PWK:cak Enclosures AN EQUAL OPPORTUNITY EMPLOYER OO •UL H. HAUGE & ASSOCIATES, P.A. • ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 88122 PAUL H..HAUGE BRADLEY SMITH AREA CODE 612 KEVIN W. EIDE March ll, 1980 TELEPHONE 464-4224 Mr. Peter W. Klose, Project Officer Parks and Recreation Grants Section Office of Local and Urban Planning Affairs Capitol Square Building St. Paul, MN 55101 Re: 27-00861, Patrick Eagan Park 27-01021 P, Coachman Oaks Park Dear Mr. Klose: I am enclosing the two billing sheets which, at the time I forwarded other LAWCON forms, were unsigned. I hope this completes our filings with your office. Sincerely, Kevin W. Eide skk enclosures 5/zw/Po PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS 0 C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 March 20, 1980 Mr. Paul Hauge Attorney at Law 3908 Sibley Memorial Highway Eagan, Minnesota 55112 RE: Tom Rooney Survey Dear Mr. Hauge: I talked with Barb Schmidt and think I now understand what the concern has been and offer the following explanation of the work completed for consideration. Sketches and descriptions were prepared for the proposed park site, two 5 acre parcels north of the park and one 10 acre par- cel south of the park. The above work was completed in March, 1979. Our invoice for $150.00 was paid by Tom Rooney. A copy is enclosed for your information. Surveys of the above parcels were completed in June, 1979. Iron markers were placed as shown on the survey certificates. Prior to starting the surveys, an estimate of $450.00 to $650.00 for the work was made based on the property lines being free'and clear from brush and trees. The additional time was required to clear brush from the property lines so that measurements could be made and survey monuments placed. An invoice for the $899.00 was mailed has been received. CRW/jl Enclosure cc: Tom Rooney surveys and certificates in the amount of to Mr. Rooney. As to this date, no payment Very truly yours, C. R. WINDEN&�jASSOCIATES, INC. Charles R. Winden PROPERTY SURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS C. A. WINDEN a ASSOCIATEGI INC. 11 LAND SURVEYORS 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building St. Paul, PIN 55102 RE: INVOICE NO. -.1841r FOR SURVEYING SERVICES RENDERED: April 12, 1979 Sketches and descriptions for parcels in West quarter of Southeast quarter of Section 22, Township 27, Range 23, Dakota County. $150.00 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN 1ST. PAUL), MINNESOTA 55122 PAUL H.. HAUGE BRADLEY SMITH AREA CODE 812 KEVIN W. EIDE March 24, 1980 TELEPHONE 454.4224 Mr. Peter W. Klose, Project Office Parks and Recreation Grants'Section Office of Local and Urban Affairs ' Minnesota State Planning Agency Capitol Square Building St. Paul, MN 55101 Re: 27-00861, Patrick Eagan Park Dear Mr. Klose: I am enclosing a revised Statement of Just Compensation in the above matter for filing with your office. Please let me know if there are further requirements. Very truly yours, Paul H. Hauge skk enclosure STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions, of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of1x70 �pubb}ic law 91-646, just compensation in the amount of Eighty-five Thousand/�p'd4'8t" " ,5 00.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85.500.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,300.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of m rights under P.L. 91-646. Al CITY OF E CAN Thomas J. Rooney By: Leo Murphy, Ma r Dated: April 17, 1979 7 Attest: /�zlCI '/311° �- Alyce eke, City Clerk Dated: April 17, 1979 a 0 STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the Nest Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollars ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. .Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 Damage to the remainder None IMPROVEMENTS: Building None Other None Structures None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of my rights under P.L. 91-646. Thomas J. Rooney Dated: CITY Or EAGAN Leo Murphy, Mayor Attest: Alyce Bolke, City Clerk Dated: .10AUL H. HAUGE & ASSOCIATES, P.A.` ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 88122 PAUL H..HAUOE AREA CODE 612 BRADLEY SMITH March 28, 1980 TELEPHONE 466224 KEVIN W. EIDE Mr. Charles Winden C. R. Winden & Associates, Inc. 1381 Eustis St. St. Paul, MN 55108 Re: Patrick Eagan Park -- Tom Rooney Dear Chuck: I am enclosing Eagan's check in the sum of $487 covering Eagan's portion of the survey done for the Tom Rooney property last summer. It is my under- standing that Tom Rooney will forward you a check for the balance of $412 and that should then complete the bill that involves that property. Very truly yours, Paul H. Hauge skk enclosure PAIIL H. HAu E & ASSOCIATES, P. A. , ATTORNEYS AT LAW 9808 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 06122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE October 20, 1980 Mr. Ken Vraa, Park Director 3501 Coachman Road Eagan, MN 55122 Re: Caponi Fence - Patrick Eagan Park Dear Ken: AREA CODE 812 TELEPHOKE 484.4224 We have only been able to locate an unsigned, undated copy of a purchase agree- ment for park land from Mr. Caponi. The document does not mention the fence. Minutes of the June 12, 1972, Board of Supervisor's meeting contains a resolu- tion for a woven wire fence. However, a prior statement, in the minutes, indicated that no agreement had been reached with Mr. Caponi. A resolution was passed at the July 18, 1972 meeting whereby the City agreed to maintain the fence. We have no way of telling whether Mr. Caponi had a right to accept or reject the fence. Nor can we tell for sure what type of fence was agreed to. However, the resolutions do indicate that a woven wire fence was agreed to which the City would maintain. We also have a copy of a letter from Barb Schmidt to Mr. Caponi dated March 30, 1979, and signed by Mr. Caponi whereby it is agreed that the fence may vary across property lines. The letter also refers to an alleged agreement made November 6, 1978 regarding the fence. If you could locate a written agreement, we could give you a much more definite opinion but possibly Barbara Schmidt was referring to a verbal agreement between herself and Mr. Caponi. Very truly yours, Paul H. Hauge skk 0 0 MEMO TO: PAUL HAUGE, CITY ATTORNEY FROM: KEN VRAA, DIRECTOR OF PARKS $ RECREATION ti DATE: SEPTEMBER 22, 1980 % I RE: PATRICK EAGAN PARK - CAPONI FENCE / At the time the City purchased an additonal parcel of land from Tony Caponi for the expansion of Patrick Eagan Park, an agreement was made whereby the City would erect a fence between Caponi's remaining land and City park land. This fence was erected about a year ago by City crews. Apparently, Tony has not accepted the quality of the fence and has refused to accept the fence. Part of the agreement was that he would maintain the fence once installed, but because the fence does not meet his standards, he will not accept it and demands that the'City repair or install a suitable fence before he will agree to continue the maintenance on it as stipulated. I have been trying—to—review all the alternatives that the City might have in regards to this issue. One such alternative would be for the City to simply not do anything and be responsible for the maintenance of this fence rather than turning it over to Mr. Caponi as his responsibility to maintain. Would you check into the original purchase agreement and any subsequent agreement that might be in your files that would prohibit us from keeping control and of the maintenance of the fence. Would we be giving Caponi an opportunity to sue the City for not fulfilling its agreement to erect a fence that he can maintain or is there enough latitude that we can proceed as I have indicated? Perhaps you may want to give me a call on receipt of this memo so that I can clarify any of the issues that you may have. Thank you for,your cooperation. i/toz -4- G�J /7� /7y- el7—/ / F_ 07- 5 /75 - a � -I em -c' ? It was reported to the Board that iir. Tony Caponi was requestin3 that before any park improvemento be made on the proposed park site adjacent to his home appropriate fencinL be used to separate his property from the part:. It was pointed out that this had been discussed with !it. Caponi at the time of the negotiation for the purchase of his property for the proposed park but that no specific agreement as to the type of fencing had ;een agreed upon. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it !ias RESOLVED that before any development of this park site be done, a woven wire fence be installed to separate the park site from the remainder of Mr. Caponi's property, The Clerk presented a letter from Mr. Frank Haase, 1539 McCarthy Road, requesting water service to his property. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it was;PESOLVED that this request be referred to the Town Engineer for study and preparation of a preliminary report. Statements were received from Urban Planning and Design, Inc. in the amount of $3,650.00 for par:: development plans and from T. D. Chapman Construc- tion Company for Estimate #3, Improvement 84 in the amount of $46,717.11. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, the statements were approved for payment. There being no further business, on motion, the meeting was adjourned. Dated: June 12, 1972 -4- r Y ;johota County Housing Authority program and presented the Board with a sample cooperation agreement for the development of loci cost housing in the Eagan area. Upon motion made by Supervisor Uselmann and seconded by Chairman Rahn, it was r' r.ESOLVED that the agreement be referred to the Town Attorney for examination and report, the matter to be placed on the lugust Board agenda for further con- sideration. Upon motion made by Chairman Rahn and seconded by Supervisor Uselmann it was RESOLVED that the off -sale 3.2 beer license for Country Club Markets be, and the same hereby in, approved for the coming year; and FURTHER RESOLVED thn.: the on -sale 3.2 beer license for the Pizza Hut be, and the same hereby in, . renewed for another year. Supervisor Rydrych presented a statement regarding the joint meeting of PSC-llAC held on July 17, 1972, and requested that the Board either adopt the statement as a resolution or in the form of a letter to be sent to I;AC, the l;etro Council and the St. Paul City Council. Upon motion made by Supervisor "ydrych and seconded by Supervisor Uselmann, it was RESOLVED that the statement as prepared and submitted by Supervisor rydrych, except for the last sentence thereof, be incorporated in•a letter to be prepared by the Clerk and submitted to IIAC, the l;etro Council, the St. Paul City Council, Mr. Borgelt and Fes Lane. Chairman Rahn stated that Dr. Al Hauser had offered his services as a member of the Hospital Committee if the Board wished to appoint him. Upon motion made by Supervisor Rydrych and seconded by Chairman rahn, it was RESOLVED that Dr. Al Hauser be, and he hereby is, appointed a member of the Hospital Committee to serve at the pleasure of the Board. Mr. Tom :.coney appeared on behalf of Tony Caponi with regard to the purchase of a portion of the Caponi property for pari; purposes and requested that the agreement- by the Board so to fencing betcyeen the Caponi property and i the portion of that property to be acquired for park purposes be sated in the r deed running from Caponi to the Toon. It was pointed out to Mr. Rooney that the Board had already adopted an appropriate resolution to the effect that a fence would be erected at such time as the park land would be developed and improved. Xr. r-ooney nonetheless requested that an additional mention in the resolution be made of the fact that the fence would be maintained once it was installed by the Toon. Upon motion made by Supervisor Uselmann and seconded by Chairman Eahn. it was RESOLVED that the former resolution of the Board indicating that the Town would erect a fence between the Caponi property retained and that deeded to the Town for part; purposes be clarified to the extent that the fence would not only be erected at the time of improvin.- the pari: land but would also thereafter be maintained by the Town. Upon motion made by Supervisor Uselmann and seconded by -^upervizor Rydrych, it was RESOLVED that the Chairman and Clerk be, and they h3reby are, authorized and directed to execute a contract for seal coating with Bit-uminoua Construction Company for the amount of $11,250 in the form presented. Upon motion made by Supervisor Uselmann and seconded by Chairman ^.ahn, it was RESOLVED that the contract with Northern Contracting Company for sewer and water laterals to serve Timbershores Third and rourth Additions and sewer lateral to serve Oak Chase Addition be, and the same hereby is, approved as pre- sented in the sum of $57,02:.55; and FURTHER RESOLVED that the Chairman and Clerk be, and they hereby are, authorized and directed to execute said contract in the form as presented. Upon motion made and seconded, it was PESOLVED that all bills as pre- sented be, and they hereby are, approved and ordered paid by the Clark pursuant to T.'arrants 00052 through #0008 and 41090 through #1104. Upon motion the meeting adjourned. Dated: July 18, 1972 -6- /79 -o7 -y .� • • A j TNOMAB HED;GER CITY ADMINISTRATORTHOMAS EGAN/ ALYCE BOLKE - MARK PARRAN TO CITY CLERK JAMES A. SMITH CITY OF EAGAN THEODORE WACNTEp e COVHCIYR /a. 9786 PILOT KNOB ROAD EAGAN. MINNESOTA _ 56122 PHONE 454-8100 March 30, 1979 Mr. Tony Caponi 1215 County Road 1130 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi : The City of Eagan entered into an agreement with ou on 11-6-78 concerning the construction of a fence separating he South line )County trick Eagan Park and the North line of your property lyin rthe Road #30. The City has commenced the construction of the fence and will complete it during 1979. This let ter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary.because of the extreme irregularity of the terrain and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED:_ l THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. STATEMENT OF JUST COMPENSATION The City of Eagan is now in the process of acquiring private property necessary for Patrick Eagan Park. Title records indicate that you are the owner of real property located in the State of Minnesota, County of Dakota, more particularly described as follows: The South 1,251.13 feet of the North 1,911.13 feet of the.West Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County. Containing in all 19.00 acres. Since your property is within the project area, it is desirable that it be ac- quired and included as part of the project. We are prepared to commence negotiations with you for the purchase of your prop- erty, subject to any existing easements or restrictions of record and excepting and reserving the following interests which will not be acquired and are not included within the appraisal report. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, public law 91-646, just compensation in the amount of Eighty-five Thousand Dollnrs ($85,000.00) has been made for the interest to be acquired in the above described property. This amount is based upon a state -approved appraisal prepared for the acquiring agency and is not less than the appraiser's estimate of fair market value which he determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany the appraiser during the inspection of the property. The appraisal takes into consideration the location of your property, its highest and best use, current .land sales or properties similar to your property, and other indicators of value such as zoning and terrain features. The appraisal has been reviewed and approved by the State establishing just compensation. .lust compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: Land $85,000.00 IMPROVEMENTS: Building None Structures None Damage to the remainder None Other None Total $85,000.00 Any increase or decrease in the market valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the project would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of Just Compensation. The signing of this statement by either party does not constitute an offer or the acceptance of an offer to purchase. I have been informed of my rights under P.L. 91-646. CITY OF EAGAN Thomas J. Rooney By: Leo Murphy, Mayor Dated: Attest: Alyce Bolke, City Clerk Dated: ' 1/C ��h�C �OM• ��i�'-EZ / �'�/1/-�l �G�t*.�e�w l�u�C Deal October 29, 1980 MEMO TO: CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS E RECREATION REASON: PATRICK EAGAN PARK - CAPONI FENCE ISSUE: Mr. Anthony Caponi contends that the City of Eagan has not fully completed its obligation to erect a suitable fence between his property and the property that was purchased from him by the City for Patrick Eagan Park. A wire fabric fence, installed in 1979, does not meet Mr. Caponi's standards. BACKGROUND: In the spring of 1972 the City of Eagan purchased approximately 10 acres of land from Mr. Anthony Caponi for park purposes. This parcel of land is Adjacent to Patrick Eagan Park in section'22 in the City of Eagan. Staff searched the files for the original purchase agreement to make a determination as to the City's agreement in this matter. However, a copy of the original purchase agree- ment pertaining to the purchase of the land.is unavailable. The City attorney has been able to locate an unsigned, undated copy of the purchase agreement for land from hh•. Caponi. This document does not mention the City's responsibility for erecting and/or maintaining a.fence. Minutes of the June 12, 1972 Board of Supervisors meeting does contain a resolution for a woven wire fence. A copy of the minutes of the June 12 meeting are attached. Also attached is a resolution, which was passed on July 18, 1972, whereby.the City agreed to maintain a fence. There is no specific indication that can be found which indicates what type of fence was agreed to, only that a woven wire fence which the City wouldmaintain. In an agreement dated 11-6-78 (copies attached)- an agreement was reached by the City with Mr. Caponi which would allow the City to install a fence on property along the common line. It was also agreed at that. time that after completion of the installation of the fence, the fence would become the property in terms of ownership, maintenance and future responsibilities and liabilities of that of March 30, 1979 also concerns construction of a Mr. Caponi. Another letter dated fence on the south line of Patrick Eagan Park and the north line of Mr. Caponi's property. The essence of this letter indicates that there is an understanding between he and the City that the exact.boundary line of the properties may not be defined by the fence, because of irregularities in the terrain. During the summer/fall of 1979, City park maintenance crews began the construction of a wire fence 5 foot high. This fence material consisted of treated cedar poles and channel iron support posts, and an 18 gauge wire fabric. Apparently, during the construction phase Mr. Caponi, complained about the fence and deemed the fence as"unsatisfactory." City staff met with Mr. Caponi in an effort to resolve the issue. Attached is a memo regarding a meeting held on November 1, 1979 in which Mr. Caponi, Mr. Lowery, Barb Schmidt, Jim McGuffee were in attendance. It's apparent from reviewing the memo the concerns regarding the fence. Also attached is a letter dated November 2, 1979 from Barb Schmidt to Mr. Caponi in regards to the resolution of the problem. Mr'. Caponi contends that the fence erected by the City is unaccepatable to him and violates "verbal agreements" that he had made with the City in regards to an accept- able fence. Mr. Caponi has indicated that the fence was to have been suitable for containing cattle within his property area as well as being defined as one that which is not climable. He has also objected to the fence because he will have to 29 maintain he fence, and it is to be installed in a qualitative manner before he t accepts the responsibility. City staff has tried to resolve the issue by looking at several alternatives.Several fence contractors have .been contacted in regards to repair and/or replacement of the existing fence fabric. Those people which have been contacted have indicated that the fence fabric which was utilized is difficult to work with in that type of terrain to achieve satisfactory results. one individual has indicated that the fence fabric itself, if tried to be tightened and straightened, would break while being stretched. Further, his recommendation is that the existing fence be removed and be replaced with a heavier chain link material. He indicate that he wou no e i ing to accept any type of repair or reconstruction job on.existing fence fabric. Second alternative for the City is to do nothing. There appears to be no agree- ments allowing for Mr. Caponi to either accept or reject the fence; the only agreement is for a woven wire fence. Mr. Caponi has indicated that he would instigate legal action if such a decision were reached and that he had received verbal agreements that the fence would be of a quality and acceptance which would meet his needs and purposes of maintaing cattle, etc. Alternative'3three; Staff has reviewed the cost of installation of a chain link fabric fence to be done by a contrac or. rice quotes have ranged from approxi- mately $3.75 to $4.25 per lineal foot. (The City has previously reached an agree- ment with Mr. Rooney for the purchase of additional park property. His purchase agreement states that the City wi-11 provide a fence within three years from date of purchase, similar to the quality and standards of that of Mr. Caponi's) Cost,. thrp,fore, of doing Mr. Caponi's and that of Mr. Rooney's would be approximately $ The last alternative would be for City crews to go back and try to re air the fence to meet RC aponi's expectations. This would require -We replacement of posts and restretching the wire fabric. As before, the fabric is such that it cannot be stretched without breakage. Consequently it appears that this alternative is not feasible and Mr. Caponi would still, perhaps, refuse to accept this fence un- less an extensive repair were implemented. Because of the irregular terrain, lack of proper fencing equipment, type of special construction, it is doubtful that City forces will achieve the results desired. SUMMARY: It appears that the City has agreed to install a fence bordering Mr. Caponi's and the City's property. There is an alleged agreement between the City and Mr. Caponi as to the standard the fence must achieve. The City has no way of telling whether Mr: Caponi had a right to accept or reject the fence once installed. Further, it appears that the existing fence is not of suitable strength to meet the objectives of Mr. Caponi nor does it appear possible to repair the existing fence fabric because of its lack of strength. City staff is seeking council direction in regards to this issue. 3 Eagan Board of Supervisors.-- June 12, 1972 It was reported to the Board that Hr. Tony Caponi was requestin., that before any park improvements be made on the proposes: park site adjacent to his home appropriate fencing Le used to separate his property from the park. It was pointed out that this had been,discussed with !it. Caponi at the time of the negotiation for the purchase of his property, for the proposed park but that no specific agreement as to the type of fencing hal een'agreed upon. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it ,as RESOLVED / that before any development of this park site be done, a woven wire fence be 1V/ installed to separate the park site from the remainder of Mr. Caponi'e property, Eagan Board of Supervisors -- July 18, 1972 Hr. Tom :'coney appeared on behalf of Tony Caponi with regard to the purchase of a portion of the Caponi property for park purposes and requested that the agreement by the Board as to fencing beween the Caponi property and the portion of that property to be acquired for perk purposes be stated in the deed running from Caponi to the Town. It was pointed out to 14r. roo6ey that the Loard had already adopted an appropriate resolution to the effect that t fence would be erected at such time at the park land would be developed and improved. 1::. ^.coney nonetheless requested that an additional mention in the resolution be made of the fact that the fence would be maintained once it was installed by✓ the Town. Upon uotion made by Supervisor Uselmann and seconded by Chairman nahn• it was RESOLVED thet the former resolution of the Board indicating that the Tom would erect a fence between the Caponi property retained and that deeded to the Town for park: purposes be clarified to the extent that the fence would not only be erected at the time of improvinZ the pail: land but would also thereafter be.maintained by the Taira. 0 above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. ' ~ ' Signed �/ witnessed W: l�....Jn'dA•� 'l�omo� d4xsc1caf� Signed Dated: //- G - 9B Ii THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. i LEO MURP.'. THOMAS HEDGE, Y1�OR CITY AO YIY IE TR AICA ALYCE BOLKE THOMAS EGAN CITY CLERK MARK PARRANTO JAMES A. SMITH CITY OF -EAGAN THEODORE WACHTER COUNCIL -i-a..9 j788 PILOT KNOB ROAD _ EAGAN. MINNESOTA - 00122 PHONE 484-8100 oy=i1 Gf I I FENCE AGREEMENT I, Anthony Caponi, fee title owner of property located at 1215 County Road 30; the north line of which is the south boundary of property owned by the City of Eagan and known as Patrick Eagan Park agree to i allow the City to install a fence on my property on this common line above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. ' ~ ' Signed �/ witnessed W: l�....Jn'dA•� 'l�omo� d4xsc1caf� Signed Dated: //- G - 9B Ii THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. THOMAS ELAN .Y AAw SANTO JAMESMES A SMITH THEODORE wACwT$F j_ cou..at r eu I� J ' Mr. Tony Caponi 1215 County Road 030 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi: CITY OF EAGAN 1700 PILOT KNOB ROAD EAGAN. MINNESOTA 16122 PHONE as. -MOS �x March 30, 1979 THOMAS MEOGES Em .0.�we+f.Tw ALYCE BOLKE CITY CI.C.w The City of Eagan entered into an agreement with yJOu on 11-6-78 j concerning the construction of a fence separating ,the South line of�Patrick Eagan Park and the North line of your property lyint aipr[hexJ sE County Road 030. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terrain and the location of certain vegetation, including.trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning .the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, --.1G EL. *1 ' n n c Barbara Schmidt BS:PHH:me APPROVED: AND GROWTH IN OUR COMMUNITY. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH 11-1-79 flet with Tony Caponi, Chuck Lowery, Barb Schmidt, Jim McGuffee Discussed problems with fence. Mr. Caponi: Fence is not satisfactory. - Wants minimum 6 inch diameter wooden posts. Wants fence on outside of wooden posts and braces on inside of fence to prevent climbing. Wants all posts higher than fence so wants all 7 foot posts replaced with 8 foot posts. Recommends going straight across ravine and using cattle gates rather than making square around it. All loose posts must be tightened, fence must be tight. Thinks correction would require removal of all posts and restreching of fence over longest.possible span Wants fence to keep people out not to keep animals out. If corrections are not made will not agree to assume future maintenance. Chuck Lowery: Fence is too loose. Posts are too short and odd sized. Questions that type of fence in that terrain Small trees should be cut so fence can be in straight line. Largertrees'nearby on either side should be cut when fence is taken down. Barb Schmidt: Agreed to evaluate cost and feasibility of correcting existing fence and cost of installation of chain link fence and possibility of reusing material elsewhere.(Tony had bid from Midwest for $3,000 for chain link, material only for fencing front) Existing fence could come apart when streched. Chain link .difficult to install for inexperienced crew a/c very heavy. Mr. Caponi prefers not to be involved in decision. Will write letter to Mr. Caponi explaining that fence is being evaluated. 7 EAf,AN PARK DEPARTITNf 3501 Coachman P.d. Eaoan, Minnesota 55122 November 2, 1979 Mr. Anthony Caponi 1215 County Rd. 30 Ewan, Minnesota S5123 Dear Mr. Caponi! The Eagan Park Department is in the process of exploring a variety 6f methoe.s nnk' r..nterials for sntisfacterily `encinp your Property line adjacent to Patrick Eapan Park. . Whey we arrive at a recommended solution we will cons+ilt with -you before taking action. We appreciate your co-operation and patience regarding this matter. Sincerely yours, Rarb Ichridt Eagan Park Director R Biological Services Program September, 1978 Fish & Wildlife Service U.S. Dept. of Interior "Impact of Water Level Changes on Woody Riparian and Wetland communities" Volume VI Plains Grassland Reaion SPECIES TOLERANCE LIST Definitions VerTrees which can withstand flooding for periods of two y toles or more growing seasons. :These species exhibit good adventitious or . secondary root growth during this period. Tolerant. Trees which can withstand flooding for most of one growing season. Some new root development can be expected during this period. ive le ry Intermedetween oneetonthreecies epmonthswhicdurringrthebgrowinguseason. Then9oot for perio systems of these plants will produce .few new roots or will be Borman during the flooded period. 9 Intolerant. Species which cannot withstand flooding for short periods (1 month or less).during their growing season. The root systems die during this period. (See section in Volume I on Tolerance Mechanisms for a more detailed explanation of flood tolerance). For a complete description of the following species' abilities to withstand changes in water level, refer to the next section, Species Response to Water Level Changes. Species Tolerance List Very tolerant: Fraxinus pennsylvanica green ash PopuZus deZtoides eastern cottonwood Salix nigra black willow Salix spp. willow Tnluran+- Acer negundo boxeZder A. rubrum red maple A. saccharinum silver maple Celtis occidentaZis hackberry Diospyros virginiana persimmon PZatanus occidentalis sycamore .QuercuA_macrocarpa bur oak UZmus aZata winged elm U. americana American elm Intermediatelv tolerant: Betula nigra river birch Carya ilZinoensis pecan Catalpa speciosa catalpa Gleditsia triacanthos honey locust Morus rubra mulberry Quercus shumardii Shumard oak Tilia americana basswood 10 Intolerant: Carya cordiformis JugZans nigra Juni erus virginiana ostrya virginiana Prunus serotina Quercus alba Q. marilandica Q. muehZenbergii Q. stelZata Q. velutina 41 bitternut hickory black walnut eastern redcedar hophornbeam black cherry white oak blackjack oak chinquapin oak post oak black oak MDD TO: BARB SCHMIDT, DIRECTOR OF PARKS & RECREATION PAUL HAUGE, CITY ATTORNEY FR0M: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 4, 1979 SUBJECT: DREXEL HEIGHTS TRAIL EASEMENT DEDICATION Recently, we have all met in regards to reviewing the Park Dedication and additional easement for trail purposes over the Drexel Heights Addition adjacent to Fish Lake. The concerns we were having were in regards the availability of sufficient dry land over which a trailway could be constructed as part of the Park Department's Trail Program. My brief research into this has indicated that when the Drexel Heights Addition was platted several years ago, sufficient park property was dedicated to.accamcdate a trail within the boundaries of the park property. However, since that time, the level of Fish Take has risen to the point where it is now encroaching upon private properties of those lots in Drexel Heights Addition. This rise in water level elevation has completely inundated, for all practical purposes, park property that was to be used for trail purposes. Subsequently, it is my understanding that recent negotiations with Mr. Ralph Wohlers has concluded with his agreement to dedicate an additional 15 foot easement across the back lot lines.of all those lots adjacent to Outlot A. (Lots 2, 3, 4, 5, 8, 9 & 10 of Block 3; and Lots 1, 2, 3 of Block 4) In comparing this 15 foot easement as it pertains to present water elevation and the anticipated proposed high water elevation controlled by a future outlet structure, it appears that this 15 foot additional trail easement will still continue to be submerged and unusable for trail purposes. Contact with Mr. Wohlers on December 27, 1978, indicated that the above referenced lots, with the exception of Lot 8, Block 3, are no longer under his control. Any additional easement acquisition would have to be done through negotiations with the individual private property owners. Because of the proposed future elevation of Fish Lake, additional easements required range from 20 to 50 feet across the rear property lines of the above referenced lots to acocamodate sufficient dry land for the construction of the trail. Therefore, it is reccnr ended that a 15 foot trail easement dedication, as agreed to by Mr. Wohlers, and submitted on November 22, 1978, should be recorded for future trail purposes should the elevation of the lake be adjusted in the future to accommodate the trail construction over such an easement. In the interim period, if the trail is desired to be constructed adjacent to Fish lake through the Drexel Heights Addition, easement acquisition procedure should be initiated in a timely manner. Therefore, it is a decision that the Park Department should make prior to any acquisition process or additional work as performed by the Engineering Department. r, 241 • a .161 my 4'-N!A 'Phomas A. Colbert, P.E. Director of Public Works DNR -8 0 STATE OF t NESOTA DEPARTMENT PHONE: 296-2549 Ms. Barbara Schmidt Parks Director City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Ms. Schmidt: 0 OF NATURAL RESOURCES January 12, 1979 File No 3522 Thank you for your recent letter informing me of _trail concerns you have.at Ft. Snelling State Park. It is unfortunate that you were not aware of our public meeting and did not have opportunity to attend and comment. The meeting you refer to on June 8, 1977, was not an official public hearing which requires in many cases individual notification. It was, in fact, a public information meeting as required by the Outdoor Recreation Act of 1975. With this type of meeting, as in the case of Ft. Snelling, we publicize through both local radio stations and news- papers to try to get a large audience. Unfortunately, no system is perfect in notification of all interested parties. I do, however, strongly advocate cooperation and coordination of our programs and projects with all concerned individuals, organi- zations and governmental units. You are right in stating that our agencies' plan for Ft. Snelling State Park and the recreation planning for the city of Eagan directly affect each other. We are currently in the process of preparing a,joint plan for the Minnesota Valley with the Federal Fish and Wildlife Service. The Ft. Snelling plan left some doors open for modification of the trail system if the Valley plan identifies a need to better coordinate the two units. To achieve this, we will again hold public meetings and we invite you to attend and contribute. Meanwhile, by copy of this letter, I will ask Mr. Don Davison, Director, Parks and Recreation, to investigate the possibility of making some interum modifications that would better satisfy your concerns. I will also request Mr. Jim Newland of our Planning Staff to make sure that the city of Eagan is notified of future meeting dates. Please contact me if I can be of further assistance. Yours trul� oseph N. Alexander Acting Commissioner JNA:WKP:mmr AN EQUAL OPPORTUNITY EMPLOYER cc: Don Davison, Director, Parks & Rec. C1 • f YZo.�x/� fc.��...� a� ��.c����tfm �2✓c:7o� rz� Cl 44)a4,zi ow ,tIU174 /a .rte .40 ccwd auy, c� U Oc�ccQ u7u Or W4ZA07? tea Moe Aum O�Y /:47,0f " 6h -Z�� laO • SCE. l ccmC&4z*c7rn u Le �ic� hcc t AY6 y1�1ay/reL CI�'.�d o r x073 Val (�u/z 551J:) rc6c�-4- e a)b-e��11 0 PHONE 454.8100 CITY OF EAGAN 3799 PILOT KNOB ROAD EAGAN, MINNESOTA 95122 January 26, 1979 Dear Jill, Becky, and Margaret I aat writing in response to your letter questioning the Eagan Park Departments' operation of skating rinks. You state that the lights are turned off when the temperature is belcw 30 degrees. This is not the case. Rather the houses are closed when the wind chill factor is minus 30 degrees below zero or lower. 'Ihi.s policy has been recarmended by the Eagan Advisory Park Com^lttee, a ten member group of citizens from throughout the carnunity, for the following reasons which relate primarily to safety. 1. A wind chill factor of minus 30 degrees or lower is in the range where there is great danger of freezing of exposed flesh. 2. Children who are too young to understand the signs or the dangers of frostbite may be dropped off at the rinks and left on their own. 3. The attendant who must put in long hours should not be expected to work in such severe cold. 4. Very few skaters are likely to be out in such weather and the money spent on opening the houses could be better spent where a larger number of participants can be benefited. An example would be extending the hours that the Rahn Park Building is open as a teen center. Your letter requests more hours for hockey players and others. Prior to the opening of this years' season the Eagan Park Department staff met with officers from the Eagan 'Hockey Boosters who nun the hockey program in your area and they were in agreement with our policy of closing in extreme cold weather. You also felt that we close the warming houses too early in the season. The houses are closed each year, generally in the middle of February, when the frequent thawsand the sun during the day cause dirt to show through the ice and create safety.problems. Flooding continues until it is no longer possible to maintain adequate ice. Fagan follows the same schedule as other metropolitan area park departments in this regard. -2 - Your letter states that the Rahn rinks were not flooded until after - Christmas. Actually flooding, of the Rahn rinks began before the end of November and has continued at the rate of 3-4 times a week to date. We have had a difficult winter so far in terms of sub zero weather but we are working overtime on weekends at this time in order to open as much as possible to take advantage of good weather. I hope when .you have read this letter you will have a better understanding of the work we are doing and the reasons for our policies. I will review your comments with the Park Committee at their next meeting. Sincerely yours, Barb Schmidt Park Director BS:jh cc: Leo Murphy, Mayor Thomas A. Egan, Council Member Mark Parranto, Council Member James A. Smith, Council Member Theodore Wachter, Council Member Myrel lundsten, Park Committee Chairperson 0 0 Memo To: Park Director, Schmidt From: Recreation Programmer, Peterson Re: Thoughts on use of Northview Park fields Date: January 16, 1979 Jim believes the fields will be ready for use by mid June though it may be later depending on what kind of spring we have. In any event, leagues that might be assigned those fields will have to begin elsewhere. The adult leagues we should schedule in there are: Monday: Eagan Women's Softball league; double headers Tuesday: Eagan Men's Recreational League; double headers Wednesday: Univac; double headers Thursday: Over 30's league; single headers Friday: Couples Kittenball League; double headers Would need one or two satellites there from mid June through mid or end of August. Tournament Requests: Saturday, Sunday type Tl�e following are thoughts on criteria to cover all possible users and the types of requests for service we might receive. Classification of Users Class One: CAA, Mend -Eagan, RAAA; No fees, perhaps a deposit though. Class Two: Eagan Adult Leagues; limited fees, deposit, trash, satellite Class Three: Individuals representing no league, Leagues not normally playing in Eagan, Eagan teams,or leagues bringing in outside teams; maximum fees. Types of Fees 1. $20.00 for extra service on satellites. 2. $100.00 deposit by Ind. & Leagues to cover possible damage; refunded if no damage occurs. Also people will not book the fields and then change their minds without telling us! 3. Some may request to be allowed to sell beer. a. Set fee and license requirements and procedure for obtaining license. (Brooklyn Center has a $45.00 license fee) 4. Trash pick up. a. Users arrange for own pick up. If trash not gone by 3:00 PM on Monday $25.00 deducted from deposit. b'. If we pick up the trash, charge $25.00 for the service. S. Fees for outsiders requesting use of the facility a. $25.00 per field per day (or higher) Not a refundable fee b. Additional fee of $15.00 per field if user requests fields to be dragged" late Saturday. (Jim is thinking of making a hand drag, screen so that in an emergency, or in the case of a tournament the fields can be hand dragged) . ' We should make our fee system in ordinance or other form for council action. This should be done in February , no later than mid March as it is not long after that when field requests begin flooding in, it may include week -end tournament requests. .I am particularly concerned about outside requests as the organizer can realize a $500.00 profit from a week -end tounament and we must be prepared to deal with that. w To: Mark Parranto Tom Colbert Tom Hedges Alyce Bolke Mark Parranto, Tom Colbert and Barb Schmidt met with Phil Popehn, Total Tree Co. Lumberjack Shack, and Roger Risbourg, Energy Company of Mid-America. Roger is new tenant of Kehne House along with Mr. and Mrs. Pat Charbonneau. Roger noted that house needs a lot of repair. Design is conducive to retrofitting with solar and other renewable resource energy conservative items (it is earth bermed on the north side -- has south facing windows). House has just about everything wrong with it from energy point of view -- all electric. Could become updated to today's market and become a showplace for City, County, schools, Vo -tech, open one day a week for tours, an example of how to conserve energy even in an older home. Could be done on phase plane,, because of budget limitations. This could be interim use for City. Preliminary list of suggested improvements: 1. Greenhouse 2. Double glase all windows, thermo shutters 3. Compost pile 4. Replace broken toilet with composting toilet which would provide fertilizer for shrubs and trees. 5. Weather stripping and caulking, etc. 6. Solar hot water heater. 7. Increase earth berm 8. Wind generator (windmill) 9. Install water saving devices, shower heads, aerators, toilet dam 10. Modify fireplace. 0 0 Could cut energy use by 75%. City staff expressed interest in seeing a cost estimate for the suggested improvements. City staff will investigate the architectural significance of the house to determine whether altering the exterior would have negative effects on it. Barb Schmidt was asked to determine the building's possible future uses as a park facility. Tom Colbert was asked to determine whether there are any major structural problems with the building. `_ STAT OF NIINNESMAL UFFICR OF IMF, UtIVERNIIH ALBERT H. QUIE ST. 13.iLl1L 551.5:3 GOVERNOR January 22, 1979 r Ms. Barbara Schmidt Park Director City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Ms. Schmidt: Thank you for writing me about your feelings on a DTIR policy. I am looking into this matter and will be back in touch with you as soon as possible. sincerely, ALBERT H. QUIE Governor AN EQUAL OPPORTUNITY EMPLOYER DNR -8 0 ltIEDEPARTMENT STATE OF NSOuz PHONE: 296-2270 Ms. Barbara Schmidt Parks Director City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Ms. Schmidt: 0 OF NATURAL RESOURCES January 24, 1979 File No. 3518 Thank you for your recent letter regarding concerns you have about trails at Ft. Snelling State Park. I have received a copy of Acting Commissioner Alexander's response to you discussing the same issue. I cannot concur more with Mr. Alexander's comments. I have discussed this problem with staff and we will be checking into the problem in more detail. If there is something we can reasonably do to alleviate the situation until the Minnesota Valley Plan is complete, we will make every attempt to do so.. Meanwhile, I would suggest that you get the city's trail plans together so we can review both existing facilities which you are now providing, and long-range plans that should be coordinated in the future. I fully agree with you in that both the City of Eagan and Ft. Snelling State Park directly impact each other. There is certainly a need and a responsibility of both levels of government to 'plan and provide facilities appropriate to its function and to coordinate with each other. If the city's park facilities and plans are appropriately taking care of local recreational needs, then the facilities provided in Ft. Snelling as a State Park should and can be a bonus rather than a'substitute to the local citizens. By copy of this letter, I will ask Mr. Bill Weir, our Regional Park Supervisor, to continue working with you to see what can be resolved. Please contact me if I can be of fur er ass's ata. S' cer ly you on D. avison, Director DDD:WKP:mmr AN EQUAL OPP(�jFTUNITY EMPLOYER cc: Bill Weir i�� ME:dO TO: CITY ADMI':ISTP?TOP. HEDGES FROM: PART DIRECTOR SCHMIDT DATE: JANUARY 31, 1979 SU?JECT: ITE': FOR 2-6-79 CIT'i CO0NCIL :•.EETIXG I learned today that a letter is on the wa- to th? Cit: inform_c:: us that our FY1979 grant application for purchase of ma`el;• 8 acres of park land in Section 9 (the Ca:-ercn, Coac:..a:: Oa':s, Bunker Hills etc. ne'ichberhood) has now been _ rv: :a-^, c'd for funjing consideration. We will be asked to submit a full applicc=ion b. Fahr ar 15, 19', or as socn thereafter is possible. iie rant award, i t -e application is funded, will be as follow: Lawcon Funds $51,500 State Funds 30,750 $92,250 Local Share 30,750 Total Project $123,000 The local share could possibly be provided from park site funds or from a sceciai levy for matching grant funds. I am rese3rc i-: c_ the previous cash contribution in this section and the estima_ed balance in the park site fund. It general'1:• takes cl,3se to one year to receive final approval of an application'so the local share would not be needed until 1980. If the City Council authorizes submission of a full application the following items will be required to be acted on by the Council. 1. A resolution authorizing the filing of the application and naming the project director. 2. A resolution approving the five year action plan for park acquisition and development. 3. Authorization of a policy statement regarding power and utility construction. 4. Authorization of signature of a civil rights assurance of compliance form. 17 Council Item Page Two Januar; 31, 1979 I hope to have most of these items available for sicnature by Tuesda-:• niaht's.meetinc. The five year action pian will reed tc be re.,iawed b} the Park Committee at their meeting February 8, 1919. Another requirement is an appraisal of the crcpertf to be purchased. I am requesting Council approval to _ncace the services of an appraiser for a fee not to exceed 5300 - $500. Action Reques=ed. 1. Authorization to submit full application. 2. Approval of related documents. 3. Authorization to hire appraiser.