Loading...
4851 Biscayne Ave4 Metropolitan Council Working for the Region, Planning for the Future Environmental Services June 9, 1998 Joe Voels Construction Analyst City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Voels: The Metropolitan Council Environmental Services Division has determined SAC for the Besser Welding & F ab.ication Inc. located at 4841 Biscayne Ave. within the City of Eagan. This project should be charged 1 SAC Unit, as determined below. SAC Units Charges: Warehouse 4400 sq. ft. @ 7000 sq. ft./SAC Unit 0.63 or 1 It is the Council's understanding that this property is connecting to the Metropolitan Disposal System for the first time. If you have any questions, call me at 602-1113. Sincerely, Cb- Jodi L. Edwards Staff Specialist Municipal Services Section JLE: (420) 980609S2 cc: S. Selby, MCES Carolyn Krech, Finance Department, Eagan John Besser, Besser Welding & Fabrication Inc. AREA CODE CHANGES TO 651 IN JULY, 1998 1 f. 230 East Fifth Street St. Paul, Minnesota 55101-1626 (612) 602-1005 Fax 602-1183 TDD/TTY 229-3760 An Equal Oppor(untly Employer CITY OF, EAGAN Remarks Addition HALLE'Y'S 1 ST ADDN Lot 5 Blk 1 Parcel O ner Street-4$53 Biscayne Ave. State Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK 32` 19')4 Transfer Entered This 34 CI -OF-WAY AND UTILITY EASEMENT TIT Dakota County Treasurer-Audkrr This easement, made this day of 1995, between ARTHUR MULVIHILL and DIANE MULVIHILL, husbanandv e, and MARK PIEPER, a single person, collectively referred to as "Landowners", and the CITY OF EAGAN, a Minnesota municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to as "City". WITNESSETH: That the Landowners, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, forever, the following easement: A permanent right-of-way and utility easement over, under and across that part of Lot 5, Block 1, HALLEYS 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of a line drawn 36.00 feet southerly of a line hereinafter referred to as Line "A" and described as commencing at the southwest corner of the north 198.00 feet of the Northeast Quarter of the Southeast Quarter of Section 36, Township 27, Range 23; thence on an assumed bearing of South 0 degrees 08 minutes 27 seconds East along the west line of said Northeast Quarter of the Southeast Quarter of Section 36 a distance of 120.41 feet; thence South 59 degrees 58 minutes 09 seconds West a distance of 338.85 feet to the point of beginning of said Line "A"; thence westerly a distance of 13.85 feet along a tangential curve concave to the north, having a radius of 400.00 feet and a central angle of I degree 59 minutes 02 seconds to a point hereinafter referred to as Point "A"; thence continuing westerly a distance of 194.56 feet along said 400.00 foot radius curve, having a central angle of 27 degrees 52 minutes 07 seconds; thence South 89 degrees 49 minutes 18 seconds West, tangent to the last described curve, a distance of 73.07 feet and said Line "A" there terminating. Together with a permanent right-of-way and utility easement over, under and across that part of said Lot 5 lying easterly of a line drawn 33.00 feet westerly of a line hereinafter referred to as Line "B" and described as beginning at said point "A"; thence southerly a distance of 111.63 feet along a n ontangential curve, concave to the west, having a radius of 229.22 feet and a central angle of 27 degrees 54 minutes 14 seconds, said curve is tangent to the centerline of Biscayne Avenue as shown on said plat of HALLEY'S 1ST ADDITION, and said Line "B" there terminating. Together with a 25 foot wide temporary easement for construction purposes over that part of said Lot 5 lying southerly of a line drawn 36.00 feet southerly of said Line "A", lying northerly of a line drawn 61.00 feet southerly of said Line "A", and lying westerly of a line drawn 33.00 feet westerly of said Line "B". Said temporary easement to expire June 15, 1996. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing temporary construction easements and permanent easements for right-of-way and utility purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a roadway and erect and maintain signs in conjunction with the public's use of said roadway and appurtenances and any signs erected in conjunction with the use of the roadway and appurtenances. And the Landowners, for themselves, and their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee of the lands and premises aforesaid and have good right to grant and convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. Arthur Mulvihill Diane Mulvihill Mark Pieper STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day ofd , 1995, before me a Notary Public within and for said County, personalyy appeared ARTHUR MULVIHILL and DIANE MULVIHILL, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. } STATE OF MINNESOTA NOTARY PUBLIC - MINNESOTA ) ss. IV My Comm. Expires Jan. 31, 2000 COUNTY OF DAKOTA ) "'t'n No blic EDWARD M. CHRISTIAN HENNEPIN COUNTY On this ' day of 1995, before me a Notary Public within and for said County, personal yl--appeareri"MARK PIEPER, a single person, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. APPROVED AS TO FORM: City Attorney's Office Dated: *7/z - Notary Public M>AMIr?rK 'a?irwirwaer APPROVED AS TO CONTENT: Public Work's'bepartment Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 DAJ/wkt 206-12216 - #551 EASEMENT SKETCH FOR: CITY OF EAGAN "RED PINE LANE" v •? ti e?yr Ai v; vo? I To L {an or tW - -2. n or Y eft/eared/.o><c16 Ile 0 LL •rG ???gyypptu. L73C3ai1 _-- _ tI * f a Jt r 4 I 1 C) [J- me se r 0.41e1p ?s part •4 • Paraane.t we.aent ewr 'mat pert et LK ?. heed 3. RoltiT•f 191 £0017100. aae.rding to the rumored, Nat %"redf. 04550 COOwtV. nlnnswts. lying northerly Of 6 lima dross 20.00 toot .ouarrly Of a lUts nerelnotter referred to as Line .A• 0ed demons" to COuamaeang at CA. ae+threst t hoar OC the noise ifd.01 test of the Rortc00.t 00orter .f the Southeast Quarter at ieutia 26. 11wmahip 27. Range J3t Mason, No ea assumed hearing Of South a degrees 00 minute. 27 .unusds toot 510.1 the vest lima at aid Northam" Quarter 09 the $methoedt Quarter Of Section 26 a diatonds of 220.11 toot: $00.11 Nestle S4 degro1s Sa 64n.te0 09 0.een4. woe a distant. me 220.19 teat to the point OS bSNMtay Of Said Line •A-? Mason westerly a dtatons ad 12.46 fast alttng a- tang.ntial curs. cowt.,. to the nor". haring a radius me 04.00 feet and a control angle Of 1 degree so minutes 02 "Can" to a point h.r.Inatter referred to as Point •&.t *6.00. continuing Westerly a d,Stan0. of 194.S. tat alma avid 411.01 toot radio. hung. having a control angle 01 27 degrees 52 0inute. 07 .ea04t these) sent, H degree 49 sinuta is aelued6 tae01. tan"" to lout descritsa orv.. a distance at 73.07 fast and said Lima •a• there termihetlag. M N eN 4. 44 .4 ..wd r taw Together With a emaenest .ea•emat part ad said Let S lying m easterly or a 11-me drawn 22.00 fast we.tOrly of a 2t11 heroine tar referred to ad Ulm •N• W doosrihsd as 0ngln1ift at Satd pat.' •A.r thence Southerly a distance of 111.62 fast ale" a llswtanpwtlOl taw". con"" to too Weds. awing a radlw S! 229-23 tat aad a Central angle at 27 dogrees 54 milweted 1. 5151111. Sold cow", i1 tangent to the eent.rl la of ll0eayne Arawe ed a0oo1 a maid plat of NALL97•11 1ST A003T104. aad Sold 310. •r thew, t.rslmatlng• Yale fad r«J..a. r..r..•- Togetner With .•te.p.rary .o.e.ent•.wr toot port at said tat S Tying awth.rip at a lifts drawn 16.00 tot Southerly of said Lino •A0, lying northerly of a it,.. drawn 61.00 foot southerly of Sato Lima •A', and lying Westerly of a lima drove 17.00 toss westerly at .i:u lino •r. Said Temporary tOs...wt to Lapin C) -- t) ro w hereby Wily test this 160101. eta w r.sr$ .s 1 0 ra by one OF w1r my dint' $40 tS 0n and that 1011 0 Ody R.gisWod Land SW1w7r undw the 100. M the Slate at MASON" 01.11 into If7M day of AUGUST . $554 SO= LAND 0p ??. r SU1W[7ela. t Edwwd H. S. dS. R.LS Wnn. Sol. NO. 6612 R(V15m: Sat.n.or 27. 1914. Q Qinm Cam- '/CB,_;??Eg 12mx. g001 f. aa.rtrw a..wr (32w) w !a1 Ss.70 (at 011-2.56 ISS- .reef versa 1 n..:1 CSi 5/`r l.0 C 11. Chase O !C N` ac 23 - route awe. c0 1h1 U. a $01 1)4 ! '/. 0 626 _? f.Y7. z ?I Y Is E b 1 at ac s ; ?M R w n wCaedea7105 wn. OF LSC 1/. a It /• O/ w - G • i ?r tI ?• 7waro6±?1 A Las pfd-?' .,? °' i- - r- - Y r-&LL LLJ1 L. it OFFICE OF THE COUNTY RECORDER DAKOTA COUNTY, MINNESOTA CERTIFIED THAT THE WITHIN INSTRUMENT WAS RECORDED IN THIS OFFICE ON AND AT Auc 3 12 42 PM '9S DOC. NO. 1291904 JAMES N. DOLAN, COUNTY RECORDER BY: Deputy FEE IS_00 SURCHARGE 50 CASH ? CHECK ESCROW ? WELL? CHARGE ? CHARGE TO: _ REFUND DO NOT REMOVE r"tv RECEIVED AUG 10 1995 SEVERSON, WILCOX & SHELDON, PA. LARRY S. SEVERSON JAMES F. SHELDON 1. PATRICK WILCOX MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA August 9, 1995 TELEFAX NUMBER 432-3780 District Court Adm ,idistrator L04- 5 94o c K Dakota County J dicial Center 1560 Highwa 55 Hastings, 'nnesota 55033 Re: ity of Eagan v. Arthur T. Mulvihill, Diane Mulvihill and Mark Pieper Court file #CX-95-8474 Our file #206-12216 Dear Administrator: KENNETH R. HALL LOREN M. SOLFEST ANNETTE M. MARGARIT *BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE 14 4LL Il's /sf",b Enclosed for filing, please find a Stipulation of Dismissal With Prejudice and Order for Release of Funds. Please note the Stipulation relates only to Respondents Arthur T. Mulvihill, Diane Mulvihill and Mark Pieper. The case has not been resolved with the remaining Respondents. Please have the signing Judge sign the Order releasing the sum of $7,800.00, together with all accrued interest, which had previously been deposited by order of the Court dated July 13, 1995. Please forward the funds, payable to Arthur T. Mulvihill, Diane Mulvihill and Mark Pieper to: Edward M. Christian Attorney at Law 8609 Lyndale Avenue South Minneapolis, MN 55420 Should you have any questions in this matter, please feel free to give me a call. Very truly yours, SEVERSOTv, WILCOX & SHELDON, P.A. /s/ Robert B. Bauer Robert B. Bauer RBB/pjk Enc. cc: Michael G. Dougherty, Esq. Ichael Foertsch, Assistant City Engineer IEd Kirscht, Sr. Engineering Technician Tom Colbert, Public Works Director Edward Christian, Esq. (w/enc.) A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612) 432-3136 INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN *CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA REC'NED AVG SEVERSON, WILCOX & SHELDON, P.A. LARRY S. SEVERSON JAMES F. SHELDON J. PATRICK WILCOX MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612) 432-3136 TELEFAX NUMBER 432-3780 July 31, 1995 Edward M. Christian Attorney-.at Law 8609 Lyndale Avenue South Minneapolis MN 55420 Re: Lot 5, Block 1, Halley's First Addition Our File No. 206-12216 Dear Mr. Christian: 2 1995 KENNETH R. HALL LOREN M. SOLFEST ANNETTE M. MARGARIT *BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE Thank you for returning the original executed Easement for the above-referenced property. The Easement will be recorded and I will file the enclosed Discharge of a Notice of Lis Pendens against the property. In order to secure the release of the funds that were deposited with the District Court, I am enclosing for your review and execution by all parties a Stipulation of Dismissal With Prejudice and Order for Release of Funds. I realize that it will be difficult to obtain Mr. Pieper's signature and if you are unable to secure his signature, perhaps you could bring a motion requesting a release of the funds. Should you have any questions regarding this matter, please feel free to contact me. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. Z-?? &' ?'- Robert B. Bauer RBB/wkt Enc. cc: Mike Dougherty, City Attorney Ed Kirscht, Senior Engineering Technician Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN -CERTIFIED REAL PROPERTY LAW SPECIALIST. MSBA MEMO TO: DIANE DOWNS, UTILITY BILLING CLERK FROM: EDWARD J. KIRSCHT, SR. ENGINEERING TECH DATE: MARC$a 15, 1991 SUBJECT: LOTS 4 AND 5, BLOCK 1, HALLEY'S 1ST ADDITION .4851 AND 4861 BISCAYNE AVENUE !OWWNER-ARTHUR T. MULVIHILL `54 ORCHARD PLACE ST. PAUL, MN. 55118 I have computed the REF'S for Lots 4 and 5, Block 1., Halley's 1st Addition owned by Arthur T. Mulvihill of 1154 Orchard Place, St. Paul. The total REF's are 10.4. My area computations are based upon the City's aerial photograph dated April 15, 1989. The total area of Lots 4 and 5 is 1.76 acres of which 1.58 acres is considered impermeable surface. Edward J. Kirscht Sr. Engineering Technician cc: Michael P. Foertsch EJK/jf CITY OF EAGAN Remarks Addition,-HAW.U Z . ' 1 ST ADDN Lot 4 Blk I Parcel Owner r Street-4_ 61_ _ Bi SSyne Ave. State Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATER MAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT Ro,q,d Unit 970-00 16502 10/ --41-/ 79 WATER CONN. BUILDING PER. SAC 525.00 16502 10/31/79 PARK CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 N9 5483 PHONE: 454-8100 BUILDING PERMIT AMPLICA'fON Receipt # To be used for Truck Terminal Est. Value 20, 000. Dote 10-31 , 19_79 Site Address 4861BiscayneAvenue Lot 4 Block 1 Sec/Sub. 36; Hal ley' S Parcel # In 31R00 040 01 a Name Art Mulvihill 3 Address I1S4 Orchard Pl. ° City St . Paul 55118 Phone 4S2-1660 Name _ 0 u' Address Name - Address I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Signature of Permittee A Building Permit is issued to: tJ all work shall be done in accordance with Building Official Erect [$ Occupancy B-2 Alter ? Zoning I-1 Repair ? Fire Zone 3 Enlarge ? Type of Const. Move ? # Stories Demolish ? Front ft. Grade ? Depth ft. Approvals • Fees Assessment ft fr Water & Sew. Police Fire APC "7 ' 3 7 Permit 63.00- Eng. Planner i C Council 34? - Bldg. Off./-L-3 Surcharge 10.00 Plan check _ 3?1 50 SAC 525 00 Water Conn. Water Meter ,n Total 854.50 on the express condition that of Minnesota Statutes and City of Eagan Ordinances. It 1 CITY OF EAGAN BUILDING PERMIT APPLICATION Include 2 sets of plans, 1 site plan w/elevations & 1 set of energy calculations. To Be Used For Valuation Date Site Address: OFFICE USE ONLY Lot _ Block ?- Sec. /Sub. Erect i? Occupancy Parcel Owner: Address City/Zi Phone #: ,a- Contractor: Address: City/Zip Code: Phone #: Arch./Eng.: Address: City/Zip Code: Phone #: Alter Zoning 4- Repair Fire Zone 3 Enlarge Type of Const. Move # Stories Demolish Front ft. Grade Depth ft. APPROVALS FEES Assessments X/.? Permit 3 _ Water/Sewer Surcharge / t0 Police Plan Check Fire SAC f2.? Eng, Water Conn. Plann J11 tS.4, p -.2,2,7pWater Meter Council S /S =79 Road Unit Bldg. Off. p-, APC 79 1 , D4 b .?:G,,rti T TOTAL BUILDING PERMIT To be used for DOCK COVER CITY OF EAGAN N° 69G4 3795 Pilot Knob Rood Eagan, MN 53122 _ PHONE: 454-8100 _ -y r R i t .. c - ` ue $9,000 Site Address 41 Biscayne Lot 4 Block " 1 Sec/Sub. Halley 's st Parcel * 10 31800 040 01 it Name Art Mulvihill W fzAddress 1154 Orchard Plane 0 ns n___Y tell i1 aAA rrr.,n Name Lester's Address ~ city Lester Prairie hone WW Name I.-'l Address <z 1" City _ Phone I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. ece p Date October 21 t9 81 B-2 Erect ® Occupancy Alter ? 1-1 Zoning Repair ? Fire Zone NA Enlarge ? Type of Const. Move ? * Stories Demolish ? Length 34 Grade Q Depth Sq. Ft. Approvals Fees Assessment _ Water & Sew. Police Fire Eng. Planner Council Bldg. Off. _ APC Permit //+• 7V Surcharge 4.50 Plan check NA SAC NA Water Conn. Water Meter NA Road Unit NA Total Signature of Permittee A Building Permit is issued to: Lester' S on the express condition thnl all work shall be dS_neeiin a cor once with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official ' J4 _ 4 ? CITY OF EAGAN. BUILDING PERMIT APPLICATION Include 2 sets of plans, 1 site plan w/elevations & 1 set of energy calculations. To Be Used For Valuation Date r Site Address: OFFICE USE ONLY Block Lot Sec./Sub. M a Erect X Occupancy _ /0 Parcel #: 0q.9 Alter Repair Zoning Fire Zone ? Enlarge Type of Cont. Owner: s Al yt: Nbve # Stories ° . . De?xolish ft. Front ft / City/Zip Code: Grade . -/D Depth Phone Contractor: z .? Address: City/Zip Code: Phone #: Arch. /Eng. : Address: APPROVALS FEES Assessments Permit Water/Sewer Surcharge _ Police Plan check. Fire SAC Eng. Water Conn. Planner Water Meter Council Road Unit _ Bldg. Off . APC City/Zip Code: Phone #: TOTAL 7 r • A/ o 7 K t f c J ?.: `1 L0T_5 AALLEY'S FIRST ADDITION AGREEMENT This Agreement dated this a S day of P&<--A& 2 , 1979, between the City of Eagan called Eagan, and Arthur Mulvihill called Mulvihill; WHEREAS, Mulvihill submitted an application for conditional use permit to allow truck terminal on Lot 4, Halley's First Addition in the City of Eagan; and WHEREAS, the Advisory Planning Commission held a public hearing on the application for conditional use permit on July 31, 1979, at which time the Planning commission recommended approval of the application subject to certain conditions; and WHEREAS, the Eagan City Council approved the application on August 21, 1979, subject to the conditions imposed by the Planning Commission; NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the parties agree as follows: 1. Eagan hereby grants a conditional use permit for truck terminal on Lot 4, Halley's First Addition. 2. Mulvihill agrees on his behalf and on the behalf of any heir, successor or assign of Lot 4, Halley's First Addition, that he will not object to his fair share of assessments being levied against Lot 4, Halley's First Addition at such time as the Eagan City Council orders the installation of street improvements and utility improvements benefitting said Lot 4. In addition, Mulvihill, his heirs, successors or assigns, agrees to pay all special assessments levied against such property for the improvements mentioned above at such time as the improvements are ordered in and assessments are levied by Eagan. 3. In addition, Mulvihill agrees to all of the conditions imposed by the Advisory Planning Commission on July 31, 1979, and the Eagan City Council on August 21, 1979. WHEREAS, the parties have signed this agreement on the date above written. CITY OF EAGAN Its Mayor. RTHUR MULV ATTEST: Its City Clerk. Dated: /d - ", 8 - 7 Dated: in -=a S-7 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this 2,4 day of r-c ec -z 1979 , before me a Notary Public within and for said County, personally appeared 4c-? and A/Yc. t'oc. c- to me personally known, who, being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EACAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of the said municipality, and that the said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. E 4?1, ? c?cc t?igc/ F---- STATE OF MINNESOTA )ss. COUNTY OF ) On this day of , 19 , before me a Notary Public within and for said County personally appeared and to me personally known, who, being each by me duly sworn they did say that they are respectively the and , of the cor- poration named in the foregoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and sa i d and _ acknowledged said instrument to be the free act and deed of the corporation. ( S E A L ) STATE OF MINNESOTA ) )5s. COUNTY OF DAKOTA ) On this ;?8 day of.L'c-.embe?c, 1979 , before me a Notary Public within and for said County, personally appeared Arthur Mulvihill to me personally known to be the person des- cribed in and who executed the foregoing instrument and acknowledged that he exe- cuted the same as his free act and deed. t `'"' ?r?.ae eRec, zigc( ( . ?'; ?i )cruy erlic-MIT!NESOTA DAKOTA COUNTY My commission expires Aug, 27, 1985 L/ V STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of , 19 , before me a Notary Public within and for said County, personally appeared to me known to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. ( S E A L ) LOT 4, HALLEY'S FIRST ADDITION AGREEMENT This Agreement dated this 2,J day of , 1979, between the City of Eagan called Eagan, and Arthur Mulvihill called Mulvihill; WHEREAS, Mulvihill submitted an application for conditional use permit to allow Block 1 truck terminal on Lot 4,/Halley's First Addition in the City of Eagan; and WHEREAS, the Advisory Planning Commission held a public hearing on the application for conditional use permit on July 31, 1979, at which time the Planning Commission recommended approval of the application subject to certain conditions; and WHEREAS, the Eagan City Council approved the application on August 21, 1979, subject to the conditions imposed by the Planning Commission; NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the parties agree as follows: 1. Eagan hereby grants a conditional use permit for truck terminal on Lot 4,Blk. 1 Halley's First Addition. 2. Mulvihill agrees on his behalf and on the behalf of any heir, successor or Block 1 assign of Lot 4,/Halley's First Addition, that he will not object to his fair share Block 1 of assessments being levied against Lot 41 Halley's First Addition at such time as the Eagan City Council orders the installation of street improvements and utility Block improvements benefitting said Lot 41 In a ctition, Mulvihill, his heirs, successors or assigns, agrees to pay all special assessments levied against such property for the improvements mentioned above at such time as the improvements are ordered in and assessments are levied by Eagan. 3. In addition, Mulvihill agrees to all of the conditions imposed by the Advisory Planning Commission on July 31, 1979, and the Eagan City Council on August 21, 1979. WHEREAS, the parties have signed this agreement on the date above written. CITY OF EAGAN /I f r .%1 `/.%? ?/) By: Its Mayor. ARTHUR MULVIHILL ATTEST: Dated: 1 ' ) 'S 7 i EXEMPT FROM STATE DEED TAX Its City Clerk. THIS INSTRUMENT DRAFTED BY: Dated: Paul H. Hauge & Associates, P.A. 3908 Sibley Memorial Highway ?.uCz Eagan, MN 55122 (612) 454-4224 ,?..•. Gwk ?Ca Gaunty TfC3:?liJ ? ' a • STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this day of >, ` , ,,,•_ , 1979 , before me a Notary Public within and for said County, personally appeared ;-?-A and f/y 173.,r to me personally known, who, being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of the said municipality, and that the said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. \,?tfr(' Gncc,rfzrge( E 1A, T4S" 1)%EUC J N, :esorA DA;.J A CC jNTY i. y"ccr ,fission expires Aug. 27, 1985 STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of , 19 , before me a Notary Public within and for said County personally appeared and to me personally known, who, being each by me duly sworn they did say that they are respectively the and poration named in the foregoing instrument, and that the ment is the corporate seal of said corporation, and that and sealed in behalf of said corporation by authority of said and of the cor- seal affixed to said instru- said instrument was signed its Board of Directors and acknowledged said instrument to be the free act and deed of the corporation. ( S E A L ) STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this Ad day of 1979 , before me a Notary Public within and for said County, personally appeared Arthur Mulvihill to me personally known to be the person des- cribed in and who executed the foregoing instrument and acknowledged that he exe- cuted the same as his free act and deed. S N(".'tA, v vifir. iC M. t" (( ) DAl<OTA C(,LrHT' { My tommrssion expires Aug, 17,19S5 d STATE OF MINNESOTA ) )ss. COUNTY OF ) On thi and for sai to me kn nom instrument, day of County, personally appeared to be one of the par t-,,Crs o and acknowledged to me that '- O J 19 , before me a Notary Public within the pari.nersh:ip that executed the within such partnership executed the same. ( S E A L ) k A . SUBJECT: CONDITIONAL USE PERMIT FOR A&R PALLET-CRATING APPLICANT: ARTHUR T. MULVIHILL LOCATION: r 5, CK 1, HALLEY' S 1ST ADDITION EXISTING ZONING: LI (LIMITED INDUSTRIAL) 71 /Z_ -?''i DATE OF PUBLIC HEARING: NOVEMBER 28, 1989 36_6 W - Z? / J / DATE OF REPORT: OCTOBER 31, 1989 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for a conditional use permit has been submitted to allow outside storage at the A&R Pallet-Crating (formerly Bloomington Cartage) operation located"-at the northwest end of Biscayne Avenue. Mr. Mulvihill had been granted a conditional use permit for this location in July of 1979. This permit allowed a truck terminal on Lot 4 of Block 1. The terminal was needed for the Bloomington Cartage business that is no longer operating at this site. The current operation at this site is the manufacturing of wooden pallets. COMMENTS: The applicant is seeking a conditional use permit to allow for outside storage of wooden pallets as well as storage of several trailers that will hold and protect pallets from the elements. Outdoor storage is allowed by conditional use in the I-1 Limited Industrial District. The applicant's property is surrounded by property zoned limited industrial on the south, east, and west. The north property line abuts land zoned agricultural. The City Code requires screening along any property line of industrial property that abuts agricultural or residential land. The code states screening shall consist of a fence or compact evergreen hedge not less than six (6) feet in height. However, due to the lay of the land, the property to the north is completely screened from this site. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. All outside storage areas and non-paved areas shall be sodded or seeded to control dust and run-off. 2. Outside storage of pallets and materials shall not exceed ten (10) feet in height. r f FINANCIAL OBLIGATION - LOTS 4 AND 5, HALLEY'S 1ST ADDITION: Based on the study of financial obligations collected in the past and the proposed uses for the property, no financial obligation is proposed for consideration. S.E. I/4 S EC. 36, T 27, R "CARPI ".",. " t?O 1 ?J f/4 AP y `_ _ FAFn? R_OAp-- eee-ri FART OF 021-75 010- e 2 015-76 !' IJ :g 2 • \ , s i W 22-79 poN ? o1o-eo 1• F oao e1 , oil-at rr /7 2 e Q4• j OQO 3? Qo 017 7R 1 or 011-91 01r 012 - 91 • d A"eT T?aiier6 1.N# ate rmotocr6 v i - - ? ? 14615 419 3iZ ...... Ul rtittttuj-ttttuttuttl"ff *'<( 0 2 w z et r an i?SjS F? ^aE ;5 ¦ j r WI v A N _ity Council Minutes Page Five August 21, 1979 ARTHUR MULVIHILL CONDITIONAL USE PERMIT El Mr. Arthur Mulvihill appeared on behalf of his application for conditional use permit for truck terminal on Lot 4, Block 1, Halley's First Addition in Section 36. The APC recommended approval subject to certain recommendations. Mr. Mulvihill was present and objected to the potential road restrictions during spring breakup but was told that this would be required on all rural type roads. Smith moved and Wacther seconded the motion to approve the application subject to the recom- mendations of the Advisory Planning Commission with the understanding that a $2,000 landscape bond be posted. All members voted in favor. 40 CCI;::IT'I?2I ,L ',JSE P ?VIT NO. CITY OF &;'07"-,N 37 5 PLOT R1x3 RO; D ?G,. S, i,= '`sOTA 55122 M The Council of the City of Eagan hereby grants to ARTHUR UL IHTLL 1154 Orchard P1 of St Paul MN 55118 _ a Ccnditicnal Usa I'srit pursuant to a plic for the following purpc3s ;?,.ion da+ ted 7/3/79 CONDITIONAL USE PERMIT FQR A 'RUCK TERMINAI,_.ON LQT__ L, BLQC K L` HALLEY'S FIRST'ADDITION IN SECTION 36, SUBJECT TO THE ATTACHED CONDIT ONS. - -- !'? - Dated: 8/21/79 Fees aid 5-nG By;_/Z<< Att"t:_ 4 A i Clark 'ARTHUR MULVIHILL - CONDITIONAL, USE PERMIT - HALLEY'S FIRST ADDITION. The Chairwoman then convened the public hearing regarding the application of Art Mulvihill for conditional use permit to allow truck terminal on Lot 4, Halley's O , st Addition. Mr. Mulvihill was present and stated that he desired to have the loading dock on the front of the building. However, he indicated that the loading could be on the South side of the building. All setback requirements were required to be met as the Planner's report of July 25th was reviewed in detail. Mr. Mulvihill stated that some trucks may be stored outside overnight with about 6 to 8 trips per day in and out. There was discussion concerning the weight restriction of the 3 ton axle weight limit road and Mr. Mulvihill indicated that he understood the weight limits and would proceed with the application in spite of potential load limits during the spring breakups. Hall moved and Roszak seconded the motion, all members voted in favor, to recommend approval of the application subject to the following: 1. That the applicant sign an agreement that when the area is proposed to be upgraded that he will not object to his fair share of the assessments for streets and utilities. 2. That the green area along Biscayne Avenue be 20 feet instead of the proposed 16 feet. 3. That the parking area be blacktopped and concrete curbing should be installed APC minutes. around the perimeter of the parking area. 4. That the front of the building be landscaped and approved by the City staff. The remainder of the property should be seeded to prevent erosion. An adequate landscape bond should be required and not released until one year after the landscaping has been completed. 5. That a drainage plan be approved by the City Engineer. 6. That the loading docks on the South side of the building be suitably screened by trees, etc., and approved by the City staff. 7. That the applicant be on notice that Gun Club Road is subject to road restrictions. SUBJECT: CONDITIONAL USE PER4IT PETITIONER: ART MULVIHILL IACATIC N: IOT 4, HALLEY'S 1ST ADDITION, SECTION 36 EXISTING ZONING: I-1 (LIMITED INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: JULY 31, 1979 DATE OF REPORT: JULY 25, 1979 REPORTED BY: DALE C. RUNKLE, CITY PLANNER Application Submitted An application has been submitted for a conditional use permit to allow a truck terminal on Lot 4, Halley's 1st Addition. Canments 1. On June 5, 1979 the Eagan City Council granted a building permit to a Mr. Wood for a machine shop located on Lot 2 of Halley's lst Addition. 2. Presently, Halley's Addition is platted and zoned I-1 (Limited Industrial District) but there have been no improvements made within this subdivision. 3. The proposed facility would be a pole building and would have the dimensions of 40' x 80' x 14'. 4. According to Ordinance 52.07, Subdivision 15C, truck and freight terminals are permitted in an industrial district with a conditional use permit. If approved, the conditional use permit should be subject to the following conditions: 1. The applicant should sign a letter that when the area is proposed to be upgraded that he will not object to his fair share of the assessments. 2. The green area along Biscayne Avenue should be 20 feet instead of the proposed 16 feet. 3. he parking area should be blacktopped and concrete curbing should be installed around the perimeter of the parking area. 4. The front of the building should be landscaped and approved by the City Staff. The remainder of the property should be seeded to prevent erosion. A $2,000.00 landscape bond should be required and not released until one year after the land- scaping has been completed. 5. A drainage plan should be approved by the city Engineer. 6. nthere are any loading docks, they should be suitably screened. DCR:tip --? - r 11 i ? r ?z l D 6 I V. ,fq ?S 4mloe4l 5 Ito 3I F. -- i N ° j 4- ,., ,r •?.i?J1J ?j/)_I ?i• j.<' f t •)'a.s j..I' _ •.y", ): t' ?) •' rI 'rJ J `, / ?.i•, )J o." lid r City of 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454-8100 FAX: (612) 454-8363 September 15, 1989 ARTHUR MULVIHILL 4841 BISCAYNE AVE EAGAN, MN 55123 Re: Lot 4, Block 1, Halley's Addition Landscape Bond Dear Mr. Mulvihill: VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk In response to your recent inquiry concerning the release of a $2,000.00 landscape bond, City staff reviewed the parcel file and performed an inspection of lot 4, block 1, Halley's Addition. At their August 21, 1979 meeting, the city Council approved your conditional use permit provided that: 1) the applicant sign an agreement stating that when the area is proposed to be upgraded, he will not object to his fair share of the assessments for streets and utilities. 2) the green area along Biscayne Avenue be twenty feet instead of the proposed sixteen feet. 3) the parking area be blacktopped and concrete curbing be installed around the perimeter of the parking area. 4) the front of the building be landscaped and approved by the City staff. The remainder of the property should be seeded to prevent erosion. An adequate landscape bond should be required and not released until one year after the landscaping has been completed. 5) a drainage plan be approved the City engineer. 6) the loading docks on the south side of the building be suitably screened by trees, etc. and approved by the City staff. 7) the applicant be on notice that Gun Club Road is subject to road restrictions. THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer P ARTHUR MULVIHILL SEPTEMBER 15, 1989 PAGE TWO Staff inspection of your premises revealed that all of the stipulated conditions have not been met and, therefore, release of the bond would be premature. if you have any questions or comments, please do not hesitate to call me. Sincerely, K Michael J. idley Zoning Administra /Planner I MJR/mg cc: Jim Sturm, City Planner Doug Reid, Chief Building official of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH VIC ELLISON THEODORE WACHTER December 10, 1986 Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk MR ARTHUR MULVIHILL 4841 BISCAYNE AVE EAGAN, MN 55123 RE: LOT 4, BLOCK 1, BAILEY'S ADDITION - LANDSCAPE BOND Dear Tom: In reference to your telephone inquiry, my research has uncovered the following facts: You may recall the hearing you attended on August 15, 1979 for a conditional use permit which is required by City Code 11.20, Subdivision 16C 2 and 3 which controls truck and freight terminals. On that date, the Eagan City Council approved your conditional use permit and I am enclosing a copy of the seven conditions to which you and the Council agreed. The landscape bond you provided cannot be released until one year after the conditions are met and you should be aware that City staff or the City Council could insist that the agreed to conditions be met immediately or the bond used to meet those requirements. You also should be aware that the newer businesses in the area have been allowed to defer landscaping improvements until Biscayne Avenue and Gun Club Road are upgraded with utilities, concrete curbs and pavement and I feel quite sure that you will be given the same courtesy. As you can see, City staff cannot release the bond at present and I hope this will answer all of your questions. If not, feel free to call me at 454-8100. Sincerely, Dale Peterson Chief Building Official DP/js THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY n• woman-then convened the public hearing regarding the application of`A` N r iij] for conditional use permit to allow truck terminal on Lot 4, Halley's First Addition. Mr. Mulvihill was present and stated that he desired to have the loading dock on the front of the building. However, he indicated that the loading could be on the South side of the building. All setback requirements were required to be met as the Planner's report of July 25th was reviewed in detail. Mr... Mulvihill stated that some trucks may be stored outside overnight with about 6 to 8 trips per day in and out. There was discussion concerning the weight restriction of the 3 ton axle weight limit road and Mr. Mulvihill indicated that he understood the weight limits and would proceed with the application in spite of potential load limits during the spring breakups. Hall moved and Roszak seconded the motion, all members voted in favor, to recommend approval of the application subject to the following: 9 That the applicant sign an agreement that when the area is proposed to be upgraded that he will not object to his fair share of the assessments for streets and utilities. That the green area along Biscayne Avenue be 20 feet instead of the proposed 16 feet. That the parking area be blacktopped and concrete curbing should be installed Act. u?........... - --- - around the perimeter of the parking area. gy That the front of the building be landscaped and approved by the City staff. The remainder of the property should be seeded to-prevent erosion. An adequate landscape bond should be required and not released until one year after the landscaping has been completed. `That a drainage plan be approved by the City Engineer. That the loading docks on the South side of the building be suitably screened by trees, etc., and approved by the City staff. That the applicant be on notice that Gun-Club Road is subject to road restrictions. STATE SURETY COMPANY DES MOINES, IOWA PERFORMANCE BOND Approved by The American Institute of Architects, A. I. A. Document No. A-311 February 1970 Edition I KNOW ALL MEN BY THESE PRESENTS: That Bloomington Cartage & Delivery Service Arthur T. "Mulvihill and Diana Mulvihill (Here insert full name and address or legal title of Contractor) 1154 Orchard Place, St. Paul, Minnesota 55118 as Principal, hereinafter called Contractor, and S T A T E SURETY C 0 M P A N Y, a corporation organized under the laws of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound unto City of E (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of T1:*o Thousand Dollars ($_nn nn ), for the payment whereof Contractor and Surety bind themselves, their heirs, executirs, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated .Tune 5 entered into a contract with Owner for Conditionalc-Use Permit in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in de- fault under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall prompt.y 1) Complete the Contract in accordance with its terms and condi- tions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, at- range for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must 6e instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 30 day of _ October , 19_12__ ?J (Seal) (Principal) (Wi a (Title) STATE SURETY MPANY (Seal) (Surety) (Witness) (Attorney-in-fact) 2533 (Rev. 1970) ° STATE OF ss COUNTY OF /! ) (INDIVIDUAL ACKNOWLEDGMENT) On the 4 / 4-,- day of , 19 , before me, a Notary Public within and for said county, personally appeared, A ' to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that he executed the same as his free act and deed. Notary Public, c° County, My Commission Expires / - 'Rv (Notarial Seal) STATE OF County of _ CORPORATE ACKNOWLEDGMENT ss On the day of , 191 before me personally appeared to me known, who being by me duly sworn, did depose and say: that he resides in that he is the President of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. (Notarial Seal) Notary Public, My Commission Expires County, ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF .Pd )SS County of o? ) Onpthis 2d 7L day of ?? / , 19 , before me appeared to me personally known, who being by me duly sworn, did 4ay that he is the aforesaid officer or attorney in fact of the STATE SURETY COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer ackAledged said instrument to be the free act and deed of said corporation. v'• My Commission Expires Dec. 12, 1984 pop# W#.'641 MIDPEY 1. $Nl NOF'P' HENNEPIN COUNTY (Notarial Seal) Notary Public, --ti - County, My Commission Expires ` /ia l J - w 4 r ) This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and i they have no authority to bind the Company except in the manner and to the extent therein stated. POWER OF ATTORNEY STATE SURETY COMPANY Des Moines, Iowa KNOW ALL MEN BY THESE PRESENTS : That State Surety Company, a Corporation organized and existing under the laws of the State of Iowa, by M. J. Lon Vice President in pursuance of authority granted by Section 1, Article II of its By-Laws to wit: Title "The Chairman of the Board, the President, any Vice-President or any Assistant Vice-President, the Secretary or any Assistant Secretary or the Treasurer shall have authority to issue bonds, policies or undertakings in the name of the Company. The Chairman of the Board, the President or any Vice-President, or any Assistant Vice-President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evi- dencing the appointment in each case, for and on behalf of the Company to execute and deliver and to affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney granted to such person." does hereby nominate, constitute and appoint Gordon L. Johnson or John F. Randall or Thomas E. Napier or Marlie Temple of St. Paul, Minnesota its true and lawful agent and Attorney in Fact, to make, execute, seal and deliver, for, and on its behalf as Surety, and as its act and deed: Any and all bonds or undertakings, each in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00). And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if such bond had been duly executed and acknowledged by one of the regularly elected officers of the Company in their own proper person. This Power of Attorney or any certificate thereof may be signed and sealed by facsimile under and by the authority granted by Section 1, Article II, Paragraph 3 of its By-Laws to wit: "The signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when su ust•d -hall have the same force and effect as though manually affixed." It is certified by the officers signing that the foregoing is a true copy of Section I, Article II of the By-Laws of said Company, duly adopted and recorded, and is now in force. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said State Surety Company this 5th day of August 19_ 75___. STATE SURETY COMPANY • _aw" __?44 Assistant Secrets sEaz, State of Iowa Polk ss. County of On gust 5 , 19 75 before me, a notary public in and for said County, personally appeared M. J. Long personally known who being by me duly sworn, did say that he is Vice esident of State Surety Company, of Des Moines, Iowa, created, organized and existing under and by virtue of the laws of the State of Iowa; that the attached 'instrument was signed and sealed on behalf of State Surety Company by authority of its Board of Directors and the said M. J. Long acknowledged the execution of said instrument to be the voluntary act and deed of State Surety Company by it voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal at T)-?Q Moines, Town the day and year last above written. ? ,;MUNp?,O 000 My commission expires Sept. 30, 1977 Notary Public ,,?IIIII S4, Charles L. Hollingsworth CERTIFICATE The undersigned, . Assistant _ Secretary of State Surety Company, does hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said State Surety Company, which is still in force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 30 day of October 197n ooMaiua . ssaz : ? . 2588 (Rev. 1/70) Secre ry Assistant 2005 RESIDENTIAL PLUMBING PERMIT APPLICATION CITY OF EAGAN 3830 PILOT KNOB ROAD, EAGAN MN 55122 651-675-5675 Please complete for modifications to existing residential dwellings. ,?? ?? --a Date 3-28-05 Site Street Address 48k Biscayne Avenue Unit # Property Owner Manley Brothers Telephone # ( 651) 454-4933 Contractor Stocker Excavating Co., Inc. Telephone # (952) 890-4241 Address 12336 Boone Avenue City Savage State MN Zip 55378 The Applicant is: _ Owner X Contractor -Other Alterations to existing dwelling $ 50.00 Add plumbing fixtures (excludes water softener and/or water heate r--complete next section if installing these appliances). X Septic System Abandonment -Water Turnaround (add $125.00 if a 5/8" meter is required) Other: Water Softener Water Heater $ 15.00 new _ replacement _ Lawn Irrigation _RPZ _PVB new -repair _rebuild $ 30.00 State Surcharge $ .50 Total $ 50.50 I hereby apply for a Residential Plumbing Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and the plumbing codes; that I understand this is not a permit, but only an plication for a permit, work is not to start without a permit and work will be in 7.70/') dance nth the proved plan in the event a plan is required to be reviewed and approyi. Don 'rp ald Stocker Z ''j, 7 4// W / G C??i 1 ??-7 ? T , U 9 1005 Applicant's Printed Name 2005 COMMERCIAL BUILDING PERMIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan Mn 55122 t n-1 CA Telephone # 651-675-5675 FAX # 651-675-5694 • Structural Plans (2) sets • Civil Plans (2) • Certificate of Survey (1) • Code.Analysis (1) • Project Specs (1) • Spec.; Insp. & Testing Schedule • Soils Report (1) • Meter size must be established • SAC determination - call 651-602-1 000 • Architectural Plans (2) sets • Structural Plans (2) • Civil Plans (2) • Landscaping Plans (2) • Code Analysis (1) ** • Certificate of Survey (1) • Spec. Insp. & Testing Schedule (1) • Meter size must be established • Project Specs (1) • Energy Calculations (1) ** • Electric Power & Lighting Form (1) ** • Master Exit Plan (1) • Emergency Response Site Plan (1) *** • Soils Report (1) • SAC determination - call 651-602-1 000 • Fire Stopping Submittals • Architectural Plans (2) sets • Code Analysis (1) ** • Project Specs (1) • Key Plan (1) • Master Exit Plan (1) • Energy Calculations (1) not always** • Elec. Power & Lighting Form (1) not always** • Meter size must be established-if applicable 1 SAC determination - call 651-602-1000 Call MN Dept of Health at 651-215-0700 for details regarding food & beverage or lodging facilities. ** Contact Building Inspections for sample and if required *** Permit for new building or addition will not be processed without Emergency Response Site Plan. Date / _?_ / fl S } (?, I Construction Cost Site Address c 41,z e Unit/Ste # Tenant Name e 42 Former Tenant Name Description of Work t p V, t? Property Owner S 7Tr-2 _ . Telephone # ( ) Contractor rn _? `? p (? Address Vey / fr - i City State 77 Zip Telephone # SA(, Arch/Engr ?- Registration # Address Ci State Zip Telephone # JFEB15ZUO5 Licensed plumber installing new sewerlwater service: Phon I hereby apply for a Commercial Building Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and the State of MN Statutes; I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans. 1L- P r-. tyv? Applicant's Printed NI de Applic?.lr?1t's Si ature L4 C, LSIo C (?, t C - -- 1--t- OFFICE USE ONLY Sub Types ? 01 Foundation ? 14 Apartments ? 15 Lodging ? 25 Miscellaneous Work Types ? 31 New ? 32; Addition ? 33 Alteration ? 34' Replacement ? 26 Public Facility ,;?'**'27 Commercial/Industrial ? 28 Greenhouse ? 29 Antennae ? 30 Accessory Building ? 32 Ext Alt Apartments ? 34 Ext Alt-Commercial ? 35 Ext Alt-Public Facility ? 37 Nail Salon ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding ? 36 Move Bldg. ? 42 Demolish (Foundation) ? 45 Fire Repair 37 Demolish (Bldg)* ? 43 Reroof ? 46 Windows/Doors *Demolition (Entire Bldg only) - Give PCA handout to applicant Valuation Census Code r G SAC Units `-? Nbr. of Units Nbr. of Bldgs 1 Type of Const Zt ' 1 Required Inspections Footings (new bldg) Footings (deck) Footings (addition) _ Foundation Drain Tile Roof - Ice Pr _ Decking Framing Occupancy 5 ' Z MCES System Zoning City Water Stories Booster Pump Sq. Ft. PRV Length Fire Sprinklered Width Insul _ Final Fireplace ` R.I. -Air Test - Final Insulation Final/C.O. _? Final/No C.O. Other Pool _ Ftgs - Air/Gas Tests - Final Siding Stucco _ Stone Windows Approved By: Planning C 1 'Building Inspector Base Fee Surcharge Plan Review MCES SAC City SAC Water Supply & Storage (WAC) S/W Permit S/W Surcharge Treatment Plant Park Dedication Trails Dedication Water Quality Copies Water Trunk Sewer Trunk Other Total C 0 U N T Y November 2, 2004 Kris Stahl Braun Intertec Division of Physical Developmerl 1001 Hampshire Ave. S. G rego ry J. Ko n at Director Minneapolis, MN 55438 Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124-8579 952.891.7000 Fax 952.891.7031 www.co.dakota.mn.us Dear Ms. Stahl: r? NOV 20;04 I _. In regard to your request for information regarding the Proposed Residential Development located at 481 Biscayne Avenue in Eagan (BL-04-07295), I have the following reply: 1. Enclosed is a list of licensed hazardous waste generators for the specified area. 2. Enclosed are maps indicating the locations of known dump sites within the specified area. 3. Enclosed is a map indicating the pipelines within the specified area. 4. Enclosed are lists for CERCLIS, NPL and PLP sites within Dakota County. 5. There are no petroleum landspread sites within the specified area. This information was arrived at with the most current data available. In issuing the information Dakota County assumes no responsibility as to the activities undertaken. The 2004 Dakota County fee schedule adopted by the County Board of Commissioners on October 28, 2003 requires that you be billed for services provided by this Department. Staff time for this review was 0.50 hours at $90.00 per hour for a total cost of $45.00. Please make a check or money order for the total amount made payable to "Dakota County Environmental Audit" and send to my attention. If you have any questions I can be reached at (952) 891-7547. Sincerely, William Freischel Environmental Specialist Hazardous Waste Regulation Encl. p:/braunaud rrted on recycled paper ?.nh 30% pose-consumer waste. cN irhl<L OPrOtt"',! EMOuOTEr 9- 11 ? ?94? .A4? loo. a*"VX ) 0 3 1 BOO ©40 c)) c use a.P.,r,?-au.ti - ,?.,z ,JAI 1NGl "?`MUbfit >`AMILY sk t 4't? ? f1 IIf f, @d ot u Vof 6hergy COHt1 c1AL i X, v4hit6ade&I Iti?t tti p1 ? , 1 set of g6t:1 6 r ? g diffeAtidn'j,1 y-M nor y POWty appl iest Wh `Pir'ft' "" ?§ yp6dj but not pibW 00 by IAst wbrkingi day of month' in Which requesti statiet2) address it changed oi? 3) lot change it reouested once permit ? is issuers: bate .. ',n ;te r : t . ' I y Val uat i oh of work S1 to Addy !1111 ..,. PART Witt # 'tenant, N,at6*`:!U6mmercial Only rF. ??? ?. " pox iit? h? app11aht fi '?@ 'bhtrctof?' ?thi? ' b?leap s . „ ,? ? 4 { r?; - . ` i' r ' ~ :.?- phone.. _ ?z.?-7Z0t - - - ??j/ /? l ? o ? ?r' .¦b ?_T fTa {y^•p + $ ]1131 '?li f} h?Y IRJI ';r Yt y?t (/y,?j # /f Architect/, Engineer -_-- r,p Sewer. & water:; for sewer watery f hereby ackho S-')- I Q ('; ! }%?f _n ?r ....vrnrtct ft7r1"1$ correct andigt f;.. J, 0"Y '??' utes,and City of Eagan Ordinance SgnatuWO of Ap SLR ? ~ 30' IV0T 1-1 `s T E 'r p Dc n:?rr + I on yynv!'?'S dui /:..cc, ii!'.caenquJ' G Z yG. ?=w? ? y ??s 4 NI t,7 37' c i o? d f L' SCr! PT/ant F p ?Z0 t-v f?i+lt r',' ar_ f DGITION DA Kurt? a 3 tr N T "I" M1NA"'r-- rrr r e lT 41 7 tr ----- -- ------ ?r,, -._L:? Fr'l;sr'i,duc trt.r..s ;?"? ?" ?"f ?'?*•" It ?„??: ? ?,t:M C.?':4'?y?to??" ?(/? . ? ar tt ?D 4 •'s 1 .. I ??t 1? ?.• f 14 bS s v? ? G4J.;5 AVE 1• FROM : BEvSER WELDING Lot Block PID # Plat 612 423 6699 PHONE NO. : 612 423 6699 Sewer /water permit # Jun. 89 1998 08:03AM P1 Datc Receipt CITY OF EAGAN 1998 SEWER AND WATER CONNECTION & AVAILABILITY CHARGES EXISTING COMMERCIAL PROPERTY 10:48 MAR 31, 2005 C O U M T Y ENVIRONMENTAL MANAGEMENT DEPARTMENT GROUNDWATER PROTECTION SECTION 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891.7557 • Fax 952.891.7588 • www.co.dakota.mn.us SEAL IN()r MUNICIPAL NOTICE OF WELL PERMIT APPLICATION DATE: March 31, 2005 TO: Tom Colbert/Wayne Schwanz (EM) RE: Well Permit #: 05-H231005 Municipality: Eagan FR: THERESA SCHOSTAG #16011 PAGE: 1/1 Fax #: (651) 675-5694 Well Type: Unknown Environmental Specialist: Olsen The Water and Land Management Section of the Dakota County Environmental Management Department has received the following permit application for the well described. If you require further review of the application or if you have any questions or concerns about it, contact the Environmental Specialist listed above or our office at (952) 891-7557. If there is no response from your office within 24 HOURS (excluding weekends and holidays), we will assume that you have no objections to the issuance of the permit. Please note that permit issuance is always conditioned on the permit applicant's observance of and compliance with all applicable state, county, and municipal laws and codes. Well Contractor: Date Application Received: Anticipated Drilling Date: Anticipated Grouting Date: Bohn Well Drilling 3/30/2005 Time: Time: Property Owner Well Owner: WELL LOCATION: Manley Land Develoment Manley Land Develoment PLS Coordinates: 1/4, SE 1/4, NW 1/4, SE 1/4, Sec 36 Town 27 Range 23 Street Address: 4861 Biscayne AVE PIN Number: 103180003001 WELL INFORMATION: Diameter: Casing Depth: Total Depth: Static Water Level: Aquifer: COMMENTS: ile Edit Tools .6pptic-ations Help &.1 T 10 Connection Comments I Eagan Building Eagan Development Permits. Owner I Eagan Assess/Sales I Eagan Property I Eagan Parcel I [ 1 Q31800QdO Address 4881 BI5CAYNE A' E Owner 1 t NL Y LAND DEVELOPMENT INC 13 CUFF DR SCAN MN 55122 Owner 2 Owner 3 Owrner 4..w_wN._ Parcel data updated January 31, 200% r?rci? FILE ,?rrf fiou r 4361 G'.-r tYNE A VE ?qan CO of e 1 3 a ?? city of ecigcin THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN June 21, 1995 THEODORE WACHTER Council Members THOMAS HEDGES City Administrator MR VIN MELLON E.J. VAN OVERBEKE City Clerk 4 1 BISCAYNE AVE AGAN MN 55123 RE: STORAGE BUILDING Dear Mr. Mellon: Attached is a copy of a letter I sent to you on September 29, 1994 outlining some items that need resolving before a building permit can be issued. Since that time, the City Council passed an ordinance that would not allow the exterior materials you are proposing and we are requiring revised plans showing a material allowed in the ordinance. In our phone conversation of June 13, 1995, you indicated that a restroom would be installed in this structure. Please provide appropriate details on the site plans and floor plans. Until you have satisfactorily responded to the letter sent to you by Senior Planner Kristy Marnin dated June 1, 1995, we will be unable to issue building permits. If you have any further questions or concerns, please contact me at 681-4699. Sincerely, Dale Schoeppner Senior Inspector DS/js attach. cc: Doug Reid, Chief Building Official MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454-8535 May 3, 2007 Mike Maguire MAYOR Paul Bakken Peggy Carlson Cyndee Fields Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. Mr. Kevin S. Mellon Ms. Rita A. Mellon d/b/a Magnum Towing 4871 Biscayne Avenue Eagan, Minnesota 55123 Re: Magnum Towing Conditional Use Permit Dear Mr. and Mrs. Mellon: The Eagan City Council adopted Resolution No.-O-5-64-which revoked the conditional use permit issued for the property located alt 4861 Biscayne Avenue (the "Property") at its December 20, 2005 meeting. The Dakota ounty District Court in Court File No. C4-06- 8113 granted summary judgment in favor of the City thereby affirming the City's revocation of the conditional use permit for the Property. Accordingly, you are obligated to comply with the City's revocation of the conditional use permit and the Court's Order upholding the revocation of the conditional use permit for the Property. Therefore, any and all items, materials, goods, motor vehicles, trailers or any other movable property which is stored outdoors on the Property shall be removed immediately. The City will conduct an inspection of your Property fourteen (14) days from the date of this letter to determine compliance with the City Council's resolution, the Dakota County District Court's order and the Eagan City Code. If you fail to comply, the City will proceed with the appropriate legal action. Very truly yours, n Hohenstein Community Development Director cc: Tom Hedges, City Administrator Mary Granley, Code Enforcement Technician Sharon K. Hills, City Attorney CITY OF EAGAN.. 3795 Pilot Knob Rood Eagan, MN 55122 PHONE: 454-8100 Site Address Lot Parcel # r-. iii.cr .'si11 a Name Address I'chnro f'la'y.' city :;t. '•au! 5711` 3-.577 one - BUILDING PERMIT Recei t P (?tn -h ti cyva '?? n-? Erect © Occupancy Enlarge ? Type of Const. Move ? # Stories Demolish ? Length - Grade ? Depth Sq Ft. ac ki 'j 0 ter ` zs Approvals Fees . et 'o ame 88' Address ` Assessment t t- City :,tor Frai ri ho Water & Sew. ne uW Police Name FZ Fire ?C' Address Eng. <'Z city Phone Planner Council I hereby acknowledge that I have read this application and state that Bldg. Off. the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. APC Signature of Permittee A Building Permit Is issued to:''° on all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Building Official > _ Permit ' -" Surcharge / • I Plan check `-- SAC Water Conn. Rr?y Water Meter Road Unit Total the express condition that Eagan Ordinances. y Block Sec/Sub. Alter ? Zoning y Repair ? Fire Zone 11 Permit No. Permit Holder Misc. Permit No. Holder Plumbing H.V.A.C. Well Water Disp. Sewer Electric Cor r c y? z i ?&'_g Inspection Date Insp. Other Footings Foundation Framing Rough Plbg. Rough HVAC Insulation Final Plbg. Final HVAC Final Water Describe Location: Well Sewer Pr. Disp. r DING' PERMIT :_ L.. .. A 9- ..,?_.: , ?.. 1 ±'rm i n a 1 20f, Ni ", I Site Address ` " s1 i"Ii ?e y T n Lot Block 1 Sec/Sub. Parcel * 1;, 31r! 1140 01 Name Art "1u l yihh i l l Address IIS4 Orchard P1. Ci it. Pa 1 Phone 452-166!? Nome Sarr- o Address Assessment 14 -31 7 ` i Permit F' city Phone Water & Sew. Surcharge 12 X% Police Plan check Z.I `?;'. r PW Name Fire SAC 52S an u(5 Address Eng. Water Conn. aW city Phone Planner f0'Z2- "19 Water Meter n l IT ft Council -`tS- "7c? oac nit i I hereby acknowledge that I have read this application and state that Bldg. Off. 10-3 t-? 4 the information is correct and agree to comply with all applicable APC 7 -31 - 9 Total ci r 4 State of Minnesota Statutes and City of Eagan Ordinances. Signature of Permittee A Building Permit is issued to: APt NU1 Vihil l on the exprm condition CITY + EAGAN 3795 Pgat Ke4 Food Ikgsn, MN 55122 PHONES 414.8100 Receipt # Erect ® Occupancy Alter ?' Zoning 1- Repair 0 Fire Zone Enlarge ? Type of Const. Move ? # Stories Demolish ? Front ft. Grade YJ ? Depth ft. Aoorovals Fees all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Eagan OV4IWrK*& Building Official Permit # Date Permittee Plumbing Mechanical / 75- U Well ri ?? INSPECTIONS DATE INSP. o! Rough-in Final Footings Date insp. Dote Insp. Foundation Plumbing -.:!f --1-09 -To Frame/ins. Mechanical Final Remarks: -- - ------- CITY OF EAGAN -- 3795 Pilot Knob Road Eagan, Minnesota 55122 Phone: 454-8100 t _ t PERMIT No. 7 Date: 4 Receipt No.: Single Site Address: "L=41 '-' `' ay°,-e Residential I Fzyn { d / 1!r i' Lot Block Sub/Sec. - _ Multi Res., Comm./Ind. T _ Name ..--f ' °'€1 ,'•'.' ..Ir i N /Alter / Re air ew . p Address Cost of Installation 0 City Phone: Permit Fee Name zr,;' Surcharge 2 Address 0 City Phone: Total This Permit is issued on the express condition that all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official CITY OF EAGAN 3795 Pilot Knob Road Eagan, Minnesota 55122 Phone: 454-8100 le a PERMIT No. <"z Date: Receipt No.: 37' Single Site Address: 4 "" fa3aiS$,`tAtFS Residential Lot 4 Block Sub/Sec.' _ Multi Res., Comm./Ind. Name New/Alter./Repair ( 7 ar: " ., 3 Address Cost of Installation 0 City Phone: Permit Fee - Name Surcharge a Address 0 V City Phone: Total This Permit is issued on the express condition that all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official CITY OF EAGAN 3795 Pilot Knob Road Eagan, Minnesota 55122 Phone: 454-8100 PERMIT No. i4 Date: ''? Receipt No.: Single Site Address: Residential Lot 1 Block Sub/Sec. 3C' "Ta1ey _ Multi Res., Comm./Ind. NameNew/Alter./Repair n Address Cost of Installation City Phone: " Permit Fee Name Surcharge E Address 0 V -, City Phone: Total This Permit is issued on the express condition that all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official MECHANICAL PERMIT CITY OF EAGAN 3830 PILOT KNOB ROAD, EAGAN, MN 55122 CONTRACT PRIG • =°> PHONE: 454-8100 Site Address `° BLDG. TYPE Lot Block Sec/Sub Res. Name Muit T-7; 7 Addres>:° Comm. ss. ,?,t... c City . 4 !± Phone Other Name K:1 '" } 3 Address p City TYPE OF WORK Forced Air Boiler Unit Heater Air Cond. Vent. Gas Piping Outlets # Other Phone M BTU M BTU M BTU M BTU CFM PERMIT FEE: SIC: TOTAL: For Office Use Only: PERMIT # RECEIPT # r" DATE: WORK DESCRIPTION New Add-on Repair FEES RES. HVAC 0-100 M BTU ADDITIONAL 50 M BTU (RES. HVAC INCLUDES A/C ON NEW CONSTRUCTION) GAS OUTLETS (MINIMUM -1 PER PERMIT) COMMIIND FEE - 1 % OF CONTRACT FEE APT. BLDGS. - COMM. RATE APPLIES TOWNHOUSE & CONDOS - RES. RATE APPLIES MINIMUM RESIDENTIAL FEE - ALL ADD-ON & $24.00 6.00 - 1.50 EA. REMODELS - 12.00 MINIMUM COMMERCIAL FEE - 20.00 -v?•-- STATE SURCHARGE PER PERMIT -," - .50 (ADD $.50 S/C-PER EACH $1000.00:Of PERMIT FEE) -SIGNATURE'O?PERMITTEE ?' 4 ' FOR: CITY OF EAG d DATE 1 9 RECEIVED FROM AMOUNT 11$ I, & DOLLARS 100 ? CASH ? CHE'CK FOR Thank You BY - _______J/ White-Payers COPY Yellow-Posting CORY Pink-File COPY