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3635 Blackhawk Rd LARRY S.SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA May 1, 1996 John Gorder Development Design Engineer City of Eagan 3830 Pilot Knob Eagan, MN 55122 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612) 432-3136 TELEFAX NUMBER 432-3780 RE: Special Assessment Deferment Agreement Part of Sec. 17, Twp. 27, R. 23 Owner: William J. Cardinell, Jr. Our File No. 206-13291 LOREN M. SOLFEST ANNETTE M. MARGARIT SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE Dear John: In connection with the above matter, I am enclosing a file-stamped copy of the above-referenced Agreement - Document No. 334685, for the official City records. If you should have any questions, please feel free to contact me. Thank you for your consideration and cooperation in this matter. Sincerely, Darlene A. Jenison Legal Assistant DAR/kmw Enclosure cc: Robert B. Bauer, Esq. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN *CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA LARRY S. SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA May 1, 1996 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612) 432-3136 LOREN M. SOLFEST ANNETTE M. MARGARIT SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE TELEFAX NUMBER 432-3780 William J. ardinell, Jr. 3635 Bl awk Road Ea2anA4N 55122 VIA CERTIFIED MAIL RE: Special Assessment Deferment Agreement Our File No. 206-13291 Dear Mr. Cardinell: Enclosed please find Owner's Duplicate Certificate No. 81489 which you provided to us for the recording of the above-referenced Agreement. As you know, this is an important document which you will need in the future so it should be placed in a safe deposit box or other place of safe keeping. Also enclosed for your records is a file-stamped copy of the above-referenced Agreement, recorded as Document No. 334685. Thank you for your cooperation in providing the Owner's Duplicate Certificate. Please feel free to contact me should you have any questions. Sincerely, Darlene A. Jenison Legal Assistant DAR/kmw Enclosures John Gorder, Development Design Engineer Robert B. Bauer, Esq. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN -CERTIFIED REAL PROPERTY LAW SPECIALIST. MSBA " r SPECIAL ASSESSMENT DEFERMENT AGREEMENT: IN CONNECTION WITH PUBLIC IMPROVEMENT PROJECT NO. 665 THIS AGREEMENT is made and entered into this day of _t,wa• _, 1995, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") and WILLIAM J. CARDNELL, JR., (hereinafter "Landowner"). WITNESSETH WHEREAS, the Landowner is the are fee owner of property identified by Parcel Tax Identification No. 10-01700-010-78 (hereinafter "Subject Property") and legally described as follows: See Exhibit "A" attached hereto and incorporated as a part hereof. WHEREAS, the Subject Property was assessed by the City on June 6, 1995, in connection with Public Improvement Project No. 665 for road reconstruction improvements; and WHEREAS, the sum of assessments on the Subject Property was $7,000.00 based on a two-lot equivalent of $3,500.00; and WHEREAS, the Landowner has requested that the City defer, without interest, the second lot equivalent assessment in an amount equal to $3,500.00, subject to the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The Landowner agrees that the second lot equivalent assessment against the Subject Property for street reconstruction in connection with Public Improvement Project No. 665 is equal to $3,500.00. 2. The City agrees to defer payment of the second lot equivalent assessment of $3,500.00, without interest, subject to the terns and conditions specified herein. 3. The Landowner agrees that the deferment of payment of the second lot equivalent assessment shall not, in any event, exceed thirty (30) years in accordance with Minn. Stat. §429.061, Subd. 2. 4. The Landowner agrees that the deferment of payment of the second lot equivalent assessment of $3,500.00 as provided herein shall terminate and become due upon the happening of any of the following events, whichever first occurs: a. The City performs a field survey verifying a second buildable lot (meeting all appropriate setback, frontage and area requirements without any variances) within the Subject Property; b. The Subject Property is subdivided and thereby creating a second buildable lot; or c. The Landowner sell the Subject Property during which sales transaction a field survey is completed which verifies the ability to create a second buildable lot within the Subject Property. 5. Upon the happening of any of the foregoing events thereby terminating the deferral of payment, the deferred portion of the assessment ($3,500.00) shall be immediately payable in a one-time lump sum payment. 6. The Landowner agrees to file and record at the Dakota County Recorder's Office a copy of this Agreement within thirty (30) days of full execution of this Agreement. 7. The Landowner agrees that this Agreement shall be binding upon the parties, their successors, heirs and assigns. CITY OF EAGAN, a Minnesota munic L corporation 3y: Thomas A. Its: Mayor YAQ.,O,al By: VanOverbeke Its: City Clerk LANDOWNER: /1? William J. Cardineh, Jr. STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VanOVERBEKE 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 on 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. lid -i rLC._ ( '/}c Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) +:LC TI On this day of 1995, before me a Notary Public within and for said County, personally appeared WILLIAM J. CARDINELL, JR., to me personally known to be the person described in and ?ho executed the foregoing instrument and acknowledged that he executed the same as 'is free act and deed. /. Not & Pu r. 000 BERG NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY My Commission Expires Jan. 31.2000 w THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 SKH/wkt EXHIBIT "A" PARCEL A: That part of the Southwest Quarter of the Northeast Quarter and Northwest Quarter of the Southeast Quarter of Section 17, Township 27 North, Range 23 West described as follows: Beginning at a point 304.0 feet South and 620.0 feet East of the center of said Section 17; thence North 09° 15' East 67.0 feet; thence North 33° 30' East 391.72 feet to the centerline of Blackhawk Road; thence Southeasterly, along the centerline of Blackhawk Road, and along a non-tangential curve concave to the Southwest, having.a radius of 572.96 feet, a central angle of 21° 08' 25" and a chord bearing of South 27° 11' 52" East. a distance of 211.40 feet; thence South 16° 37' 40" East, tangent to the last described curve, and along the center- line of Blackhawk Road, a distance of 102.36 feet, more or less, to its intersection with a line drawn North 73° 00' East from the point of beginning; thence South 730 00' West 368.44 feet to the point of beginning; EXCEPT all that part dedicated as Blackhawk Road in the plat of Ridge View Acres. Subject to Blackhawk Road. Subject to an easement for the purpose of construction, maintenance, repair and operation of a service connecting line from the pipeline of the Northern Natural Gas Company for the transmission of natural gas, in favor of the following described property: Beginning at a point on the North-South center line of said Section 17, Township 27 North, =range 23 West, said point being 450 feet south of the center of said Section 17; thence North 52° 30' West 561.5 feet to tre center line of the Sibley Highway; thence North 48° 40' East, along the center line of said Highway, a distance of 54-' feet; thence North 42° 40' East a distance of 102 feet to the center line of a Town Road; thence South 69' 30' East, alor3 the center line of said road. a distance of 838.5 feet; thence South 33° 3r' Vest a distance of 327 feat.: thanr.e Cnith ;t9' 15' Wect A distan a of 204.75 fleet tp a point distant 40 felt outh rf the Ea t-West center line of said Sect!ico 17; thence West 598 feat to the Nor h-Souh denter lin of laid Section l7? then e outh 10 feet to the point of tElr'r,ing I . Subjec also to an aseme t to fa or o the lorthArn Natur1I Gas Ccpany, dated June 11,1941 and re1crded October 30, 1941 i Book 49 of Iiscel?an I ? ous .ecor s, p rge 30 + I Subject also to an aseme t in fa!ror of the lorthlrn Natur I Gas Co.pany, dated April 19,1951 and r?•corded July 12, 1951 1 Book 238 of 0aeds' p ge 319. PARCELIB: IIt 1 I, p That part of Sectior] 17, ow ship 27, ange23, Di.,o a Cou{ity, Ftnn?esota, described as follows: Cc-e;at the centerr(of said Sect on lM t ence sou[ alor?p thelnor?th and south It/4 line of said Section 17 a distance of 440.0 feet to a int therein, said oirlt to be hgrein,rter r=•f rred 1:o as '?Point A": thence continuing South "1.ng said north and south 1/4 line 1.0.0 f t; the ice North 52° 30'1 W st a tzn•je of 561.5 feet to the canter lir.e?lcf Old Sibley I•temoriai Highwa?; thence North 43'I40'1 East along saiJ centerline ra 4.0 reef; thence North 42' 40' East al'pg said center line 102.0 feet to the c nter line of Mown woad;IIthenca South 6 30' East along center lire of said Tc:1n Poad 839.5 feet to the actual point Hof bebinning;Ilthence Soh 33) 3t 1;esf a distance of 207.0 feet; thence north.lsterly to a point in a line bearing .r;27° CEO' East from s3'id Point ?.A. said point being 440.0 feet northeasterly said "Point R' thence continuing n?rthue,ter,ly along tihe lost deicribed line a dis;bance of 30.0 feet; thence NortG'27' 00' East to the centerline of Blacyhawt, earl; thence qaster?ly any) s utheasterlylalcng the center line of said Bla 4:ha:: Road to its intersection with aline ?-ear?tng forth 33101 Ea;t from the point of beginning; thence South 33' r est to the point of beginning. subj.e'r.t to Clack.ha. Road-, EXCEPTlii.; IFEREFROtI thelnorthwesterly 214.87 feet there_of.f as1'measured at right angles!to and parall?ei with the north-4sterty line hereof; the Southeasterly line of said northr;e?t.erly 214.87 feet is prolonged or shortejed to terminate on the nrtherly and sdutheriy boundary lines. G l i ? ? ' EXCEPTING FROM THE 201!E ARCELS AND : That part of the So' thwest Q tarter of the itrthealt uarteji and aior, h.,west Quarter of the Southeast arter of Section 17, Township 27 North, Panoe 23 West ?escribed i??s fol?ow : Co-6°ncinj at the center of said Section 17:1 thence South along the Borth and Southj?l/4 Ijnelof slid Sctio 17 a distance??af 449.01feet to a point therein, said point to be hereinafter referrad to as "Point A";Jthence contiruing,Southalong said North gland South 1/4 line 10.0 feet th;' ,. e North 52 degrees 30 minutes West a dist n e of 561.5 feet to theicent?r Cline of Old Sibley Flemerial Highway; thence i:D+th 48 degrees 40 minutes East along said center line 544.01 feet' the re North 42 degrees ?O 'rinutes East along center line 1b2.0 feet to the center line of Town Road; ?hencelsod.ith 6p degrees 0 mini}te East!?zlong1the center line of aid Town Road 31.78 feet to the actu point ?f beginning;ithence South 33 de yeas u0 mi,ut?s lest a distance of 203.29 feet; thence Nort:?,esterly to a point n a Iine beading forth 27 ?fegre4s 001sinut4s last firm said Dint A. said point being 440.0 'fee, Northeasterly from slid "Point A'' thence Conti wing; ilort?owestealeng'"the last described line a distance of 3,710 feet, thence North 27 degrees GOIIIminut ;East Lo the cen?pr li,1e of Bla khaw.IRed; thence Easterly and Southea;Ferly along the center line of said Biackh4.':k P.oad to it intersecyiion w th a link bear{ng;North 33 degrees 30 minutes Ea -E from the point of beginning; thence South 33 deg-ees 30 minutes Iesl to the poigt;f beginning, subject to Blackh;Road; EXCEPTING , .,1 -. , .y., line thereof; the Southeasterly line of said Northwesterly 214.87 feet is prolonged or shortened to terminate on Northerly and Southerly boundary lines. 3 74 0 -:;4=?3r !'. ur??•raw ?.t?!i: ?:nrrr?i??r?c r1 , 10• a ?•1?.. p- }??'??.e, (? (.'?y-•.-?r•?.aJr rnnslrlerstinn of On (91,00) Dollar and otl r good and valuable eve, cnnnid??rntion, . receipt of which Sc hereby acknowledged a -Xilglag .oth'i nnd w.: "I° Win+r„+r11hiit hand nrid wifn so Grantor(a) do_ hereby grant to the Township of Eagan, Dakota County, Minnesota, the right lay, ? `h maintain, operate and repair utility lines through and over the following described real estatai ',t• 1 -7 •` (r'il./_-Ir?rtl ( I rrllFLL The said Township of Eagan shall have the right to do whatever may be necessary for the enjoyment of the rights herein granted, including the right of clearing said right of way and of ingress and egress. to and from said tract of land for the purpose of laying, mnintaining,operating and repairing said utility lines. It is further understood that all damage to crops, fences, and the like caused by the lnyinR, operating, maintaining or repairing of said utility lines ,hall he paid by the Township of Pagan nnd that in consideration thereof, the said Grantor(s) for _t_hCmnelyC$, theirheirs, executors and annigns do hereby release said Township of Eagan , its successors, nnd nsnigne, from all claims for any and all damages resulting to the above described tracts of land by reason of the laying, operating, maintaining or repairing of said utility lines. EXEMPT FROM STATE DEED TAX STAMPS, IN WITNESS WHEREOF, the Grantor(s) ha vc hereunto net thicr hands and 6;n1- this r5 ?f day of _ 197 0. ?I,V?n.... IAII)tl + STATE, OF MINNESOTA) Th, Instrument wet drnited by es, S1alland & linu.e, A1!crneys•A1•lnw COUNTY OF DAKOTA ) 2340 Dn(n tower On thi n ,NlnneaP s, Minn, 33402 day of 191, before me a Ns,kit within and for said Count y, personally Appeared HjXnXAdu C batnd S jirt_rp, Cftf.hnylii-nihnnd and wife to me known to be the person descrtbed in, and who execu tcd the foregoing instrument, nnd acknowledged that t hc_y execurd ti+e acme an .' ?•/?/, ?,?? ro act and ecd. r;t `Tr E r; ?Xt r? 3 ,t' t V Y r{r i tr.r x? _ r8 ? if - e a 'f n ry s J ,. it ell, A twenty foot pcrpr+tunl crtn?rnont and n r,0 foot temporary construction ennemont over nit el ticrona the following de no rIlied Intl d: That part of Section 17, Township 27, Range 23, Dakota County, Minnesota, over and across the following descrihed property: Commencing at a point 304 feet South and 620 feet Rant of the center of said Section 17, thence Northeasterly 9' 15' n dintnnce of 67 feet; thence Northeasterly 330 30' a dintnnce of 327 feet to the canter, of the road; thence Southonnterl.y on the rood a rintnnce of 301,6 feet; thence Southwomtorly 71o n dintnnce of 362 foot to the point of hel;inning. Iho said perpetual easement being 10 feet on each aide of the following dencrihod line, and the and tempornry construction easement being 30 feet on cither side of Of, following drnc_ribed line: (;otrmv•nclnI; at the llorthonnt corner of the Southonnt Quarter of Section 17, 1ownnhlp 27, Ittinge 21, Dr&oto. County, Minnonotn; thenro Southerly nl.nng the tn'rt 111ra of nnid Section 17 for a dintnnce of 220 Fort, thertro Westerly alone it 11ne porn]1o1 to the North lino of notit of Soetlon 17 for a dintnnce of 1671.2 foot; thence drfleet:1ng to the loll ;tt nn angle of 70 10' for it dlntnnee of 2t,tr foot. to the point of beginning; therrra 'tlong an e'ctrmnion of thin name 11n.. for it 111.0 nco of 350 loot and there tenni.nntlntg. Said temporary cnne;trno- iloo to ixp1ro Inly 1, 1071, 49? E iQ r.... UT I IJ:rV I,I?It I'AREMEN r 3%204 In consideration of One 01.00) Dollar and other good and valuable -.'consideration, receipt of which is hereby acknowledged Itirovasu Chiba and hug d _. and alto as Crantor(a) do_ hereby grant to the Township of Eagan, Dakota County, Hinnesota, the right to lay, maintain, operate and repair utility lines through and over the following described real estate, The said Township of Began shall have the right to do whatever may be necessary for the enjoymnnt of the rights herein granted, including the right of clearing said right of way and of ingress and agrees to and from said tract of land for the purpose of laying, rmaintaining,operating and repairing said utility linen. It is further understood that all damage to crops, fences, and the like caused by the laying, operating, maintaining or repairing of said utility lines shall be paid by the Township of Eagan and that in consideration thereof, the said Grantor(s) for _tiippiaelnA,heirs, executors and assigns do__ hereby releamn said Township of Eagan, its successors, and assigns, from all claims for any and all damages resulting to the above described tracts of land by reason of the laying, operating, maintaining or repairing of said utility lines, EXEMPT FROM STATE DEED TAX STAMPS. IN WITNESS WHEREOF, the Grantor(s) haj? hereunto set , th er hands and ealr this day of 197,_g. STATE OF MINNESOTA) Thle Instrument was drafted by - ) s. Stslland & Nnupe, Altorneys.At.law COUNTY OF DAKOTA ) 2340 Dnin lower On this day of inneep •r, Minn. 55402 197_0_, before me a within and for sad County, personally appeared l yAAu .?tih"ice "lUtzslaLS'!!jn, hushnnd and wife to me known to be the per non described in, and who execu ted the for,'roing instrument, and acknowledged that t he_ execud the same as •tpd?. - - ?, _ fro net and cool?.? ,,0 1 ' x M it A twenty foot perpetual easement and a 60 foot temporary construction easement over and across the following described land, The Southeast Quarter (SEk) of Section 17, Township 27, Range 23, Dakota County, Minnesota. The said perpetual easement being 10 feet on each lids of the following footdescronibeeid ifold describedconstruction easement being 30 line Commencins at the Northeast corner of the Southsar•t Quarter of Section 17, East l of c Township e27, Rande823, DakotafCoCounty, Mi distance sotal thence Snutherly along the a line parallel to the North line of said SEkfof2Section 17 f0! aedistancelofg 1671.2 feet; thence deflecting to the left at an angle of 7030' for a distance of 23.4 feet to the point of beginning; thence along an extension of this same line for a distance of 350 feet and there terminating. Said temporary construction easement to expire July 1, 1971. Ts Sr . ^eur.. . 396 206 In consideration of one (41.00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged J011N XAY$EN and •i' Ira T KAYS&N, husband and wife as Grantor(s) dog hereby grant to the Township of Eagan, Dakota County, Minnesota, the right to lay, maintain, operate and repair utility lines through and over the following...,,.,,, described real estatat The acid Township of Eagan shall have the right to do whatever may be necessary for the enjoyment of the rights herein granted, including the right of clearing said right of way and of ingress and egress to and from said tract of land for the purpose of laying, maintaining, operating and repairing said utility lines. It to further understood that all damage to crops, fences, and the like caused by the laying, operating, maintaining or repairing of said utility lines shall be paid by the Township of Eagan and that in consideration thereof, the said Crantor(s) for themsel,ve4 their heir,, executors and assigns do_, hereby release said Township of Eagan, its successors and assigns, from all claims for a , ny and all damages resulting to the above described tracts of land by reason of the laying, operating, maintaining or repairing of said utility lines. EXEMPT FROM STATE DEED TAX STAMPS. IN WITNESS WHEREOF, the Grantor(s) he ave hereunto not th _.__.,Ql,x- hand a a this - day of 19 Sl'ATT? OF HHINNESOTA) This in,frum.nl w ciraflsd by Sle end A Hnugo, /tlt:vneys-At-Law COUNTY OF DAKOTA ) ae 2340 Odin TQ?,er On this $- innea plis, Minn. 55402 ? day of 197_Q r, before me a ??V `-=c --__` within and for ea d Count "N y, pernnnnily appeared -Tptt KAVev? ttAYsEN f, ,nhanr( „ e to me known to be the pnrson_j_. de,ecrthcd in, and who execu trd thn [ornnoing inntrumont, and ecknnwlr,d,,n.t Ai o4yt perpetual easement temporary construction lands aasem ant ?lhd 8? f ?'?'' " f over and across the follot?ia I'' I Dakota The Southenit Quarter Sq rri County, Minnesota, of Section 17, ToMrsshiP21 Rangy Z3, ?. ,. The said 1v, following deecribedplinetuandeth JAfaet on each'sidle emsaidbeing p afe ry co being o ` f fie r ,s ; 30 feet on either side r,^? « nst u s?'} of the folloAing describedlihst? sasesnent Commending at of Section 17 the Northeast corner of the Sout , Townshi Of se Southerly p 27, Range 23, heart Quarter. along Dakda the Belt County, Minnesota; thence ft thence Westerly the a line of said Section 17, for a distance of 220feet?f: .;' Slang line parallel to the North line of. of Section 17 for a distance of 1671 nt an angle of 7e30' A r a said Sgt , :!': '.; A.... .2 foal ; thence det`lecting to the , S. thence Along an extension ofe this e same 2line feet there terminatin Point for aodthe Pce oo! 350 f left R• ,Said temporary construction easement t feet'and, to expire "Jul ?? .. . Y' 4!`1971 rr :. 397404- UT ?!.1!Y k.Itil: I:ARr?t11SN'f Vol C Jn consideration of One ( 1.00) DOIIAr and other '? `'? o?~N?? good and valuable rnnntrlrratinn, receipt of which fs hereby Acknowledged JOHN RAYSI'N and ,r,' "( KAYMIN_ liunhr,nd and wifr an Grantor(s) dohereby grant t, the Township of,l!npnn, Dakota County, Minnesota, the right to lay, maintain, operate And repair utility lines through and over the following described rent estate. The said Township of Pagan shall have the right to do whatever may be neerasary for the enjoyment of the rights heroin granted, including the right of clearing said right of way and of ingress and egress to and from said tract of land for the purpose of laying, mnintaining,operating and repsirinR said utility lines. It is further understood that all damage to crops, fences, and the liice caused by the laying, operating, mnintnininR or repairing of said utility linos shall be paid by the Township of Pngnn and that in consideration thereof, the said Crentor(e) for themsel vey their heirs, executors find nasfrne do hereby release said Township of Ragan, its s?"cceasors, And assigns, from all claims for any And all damage,, resulting to the above described tracts of land by reason of the laying, operating, maintaining or repairing of said utility lines. EXl.MPT FROM STATE DEED TAX STAMPS, IN WITNESS WHEREOF, the Grantor(s) he eve hereunto set their hand_ a M.c4 , this day of (iV^ 19 r STATE OF PiINNPSOTA) This InfirUnlen? w Srnfted by Sinilmid A Kluge, ?U,vncys-M-iaw ss. COUNTY OF DAKOTA ) 2340 t3,;,, t,,,,rr kinnoap lit, Minn, 5S4M On thin day of 197_:U-, before me a _AQtAry.EUbjjc within And for said County, personally appeared =SEX--and KAY`.LU_-liuahatLnnd_wi1c.,_, to me known to be the pernnn_ d'•norihr•d In, And whn exacu trd the foregoing instrument, And Acknowledged that _ he 4•xe1-111•d the npnio gin 7 -, net and hi??l, x v t N Y Li14 i•. X rite,, ?n,:(?. u3:.. PF r r A twenty foot p?rpntunl enncment rind n 60 foot temporary ronntructl.on ennement over rind ncronr the following dencrihed lend; Hint port of Section 17, Townnliip 27, Ronne 23, [)'kotn County, ncronn the following, dencrihed property: Commencing at n' oiintenotn, over fee South and 598 feet Fnnt of the center of nnid Section 17; thenceNortheeanterly 9° 15' n dintnnce of 137.75 feet; thence Northnnnterly 73° n dintnnce of 302 tort to Lilt, center of the town rood; thence Southonntorly on fluid roar! n din- tnnce of 25'3 feet; thonoo Wnnterly h/i8 feet to the point of beginning. 'Ilse nnid porprtnnl. onnenu'nt hero 10 ri-ot on c'rihed llnn, and tho nnid tempornry conntructionl'ennc'mont boinfoll°wi. t oil v ntdr, of the following dencrihed line! R 30 tent on either Crnrnmoncing at th- Northennt corn(,, I'owrtnn 27a Range 23, Un c ' of tho Southennt Quarter of Section 17, font lint, of nnid Section 17 for n dj.ntnnconofn220ltfeet,4thencelWnntorl the n 1Inn pnrnllrt to the North Linn or nnid qtr?,; of unction 17 for it dintnncnlofg 16711.2 font.; thenee deflecting to the left at an tingle of 7° 30' for a dintnnce of 23.1; fort to the point of beginning„ thence along an extcnnion of thin name line for n dintnnce of 350 feet and there terminating. Said tempornry con- ntruction ennemcnt to expire July 1, 1971. city of eagan July 12, 1995 MR JIM SHELDON SEVERSON, WILCOX, SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 L ?w O ? Re: Project 665, Blackhawk Road Reconstruction Special Assessment Deferment Agreement (Parcel 10-01700-010-78) Dear Jim: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk At the June 20 City Council meeting, the City Council agreed to defer indefinitely without interest the second lot equivalent assessment for street reconstruction for the above-referenced parcel in the amount of $3,500 until one of the following conditions occur: 1. The City performs a field survey verifying a second buildable lot is available meeting all appropriate setback, frontage and area requirements without any variances. 2. The property is subdivided creating a second buildable lot. 3. The property is sold by its current owner with the sale transaction providing a field survey verifying condition #2. I would like to request your firm to prepare the appropriate agreement for execution by the property owner and recording at Dakota County. It was the Council direction that this assessment remain in place until such time that this agreement has been executed and recorded. Therefore, the property owner is anxious for this process to be completed. Your prompt attention to this request will be much appreciated. Sincerely, Th mas A Colb ert, P.E. Director of Public Works TAC/jj cc: Deanna Kivi, Special Assessment Clerk 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 J SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 07/10/1995 PROPERTY ID: 10-01700-010-78 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100003 GRADING 0000 01 0.0000 833.00 0.00 0.00 CL 100004 SAN SEW TRK 0000 01 0.0000 199.50 0.00 0.00 CL 100005 SAN SEW LAT 0000 01 0.0000 1710.00 0.00 0.00 CL 100008 WATER LAT 0000 01 0.0000 782.00 0.00 0.00 CL 100732 SS TR 297 1982 15 12.5000 796.00 0.00 0.00 PP 102645 ST 665 1995 15 7.0000 7000.00 466.66 7000.00 ------ SUMMARY OF LEVIED 7000.00 0.00 7000.00 ****** 1995 P&I CERTIFIED 0.00 ------ SUMMARY OF DEFERRED 0.00 0.00 0.00 ------ SUMMARY OF PENDING 0.00 0.00 0.00 ------ SUMMARY OF CLOSED 4320.50 Press ENTER; or Fl, F4, F5, F7, F8 Main Prev 2 72 Next Go To Exit Menu Page CN Page Legend 08:56 CAPS 2- fit. ?_ !i / / -, °^t ( x+ t JUN. ,; 0 19 95 Sunde Land Surveying inc. 9001 E. Bloomington Freeway Bloomington, MN 55420 (612) 881-2455 PRINCIPALS PROFESSIONAL SERVICES EDWARD H. SUNDE. R.L.S., PRESIDENT FAX 612/888-9526 LAND SURVEYING JOHN K. BARNES, R.L.S., SR. VICE PRES. LAND TITLE SURVEYS MARK S. HANSON, R.L.S., SR. VICE PRES. CONSTRUCTION SURVEYING SCOTT J. SOUKUP, R.L.S., VICE PRES. C.A.D. SERVICES June 19, 1995 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Attention: Mr. Ed Kirscht Re: Cost Estimate For Survey of Plat and Parcel Number 10-01700-010-78 (AKA 3635 Blackhawk Road) Dear Ed: Thank you very much for your fax transmittals of June 14th and 16th, 1995. We have reviewed the prior work which we performed for you on Blackhawk Road. The following are the items which we would do for you as a part of this survey work: We would establish the boundaries of the property in accordance with the legal description, as provided. (No property corners would be installed.) ° We would locate all existing physical improvements such as buildings, driveways, curbs and so forth. We would also locate the existing sanitary sewer and sanitary sewer easement lying in Mr. Cardinell's property located at 3635 Blackhavk Road. We would portray our findings on a "Surveyors Certificate of Survey" similar to other work that we have provided to you in the past. Several positive factors that enter into the survey of this property are as follows: 1) We have performed a rather extensive survey on Blackhawk Road adjacent to this property. 2) As a part of the survey of Blackhawk Road, we did do some computations on a portion of this particular property. 3) It is our understanding that two other surveyors are working in the area at this current time. One is Schoell & Madson and Mr. Brad Swenson, R.L.S. (it is assumed that we would be able to obtain survey information from them and work with them on this endeavor). r . City of Eagan June 19, 1995 Paget We have also looked at some of the negative items that affect this property. These are as follows: a) Based upon the description of this property, we know that the northwesterly line of this site will conflict with the southeasterly line of the property which lies to the northwest of this tract of land. This is due to the fact that the descriptions come from two different directions and we have yet to find that the lines have been similar or exactly the same as one another in instances such as this. b) We also have been made aware that there could be a Torrens/Registration proceedings on the property being surveyed by the other two surveyors. This action could involve bringing this subject property into District Court whereby possibly judicial landmarks would be requested to be placed as a part of that Torrens action. c) It is very possible that the monumentation which we would presumably find in the field for the property corners could be different than where the property corners should be placed. In other words, this and the adjoining properties may be occupying land somewhat different than the description of record (which you have provided). As always, we would perform our work on an hourly rate basis and estimate the cost to be 2250. This would be a not-to-exceed cost and would cover the work as outlined in the beginning of this letter. If there is additional work pertaining to the aforementioned Torrens/Registration action or possibly the need for the platting of this property, we would have to submit a separate proposal for that work. (Once the boundaries are determined, it should be a simple matter to proceed through these other actions or depending upon what this party wants to do with his property). We thank you very much for the opportunity to submit this proposal to you and hope that we can receive authorization to proceed as rapidly as possible so that our work can be done concurrently with the work currently going on by the other two previously mentioned surveyors. Our thanks again. Respectfully submitted, SUNDE LAND SURVEYING, INC. Scott J. Soukup, R.L.S. Vice President SJS/mjw Attachment L ? • i w? ?' `? - 9 N4?'se'c 31 30.tS Rs b1Y.96 S. 46. Is. 1?0 ?.>i?e(i~ 349Sp1?\ 1. r 3ti 0, to oy `o? ?ye D eC 0 f ell 1 2. .00 -76 1 'Oo O ? nn , S ?'Q r ;? re f /4 S Ac 1709x:>, 01.0-t8 ?? <br` A ?O 4 Jdnco ge _f .:A A LL-ROY 1. A Ltie- $LL-a 0 . ?Yo -16 I o3o r8 HILIR(>'R14T'I='`JEI,L3?'^-its a9 .S O 07!/7"7 aT17 La ROY I. Sr LL-)CI LLM PCHO F/. Oil-5? i O/o-1`? - - - - - - --- --- - fAe- ono - 60 H ? i ? F. ? . ; • __ Lerol Ito and o3a-?dc , j4: BO 1_TON 8'. M N K, I N C_ Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX (612) 890-8065 June 12, 1995 Tom Colbert Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 REG&IV,EQ SUN 16 1995 Re: Bill Cardinell Property 3635 Blackhawk Road Dear Tom: P' e T (o ("s- / p c,* L As we discussed on the phone this morning, Bolton & Menk, Inc. would establish Mr. Cardinell property lines as they relate to Dakota County's Section Break-down, locate existing physical improvements; such as buildings, driveways, curbs, etc; locate existing sanitary sewer and sanitary easement lying in Mr. Cardinell property. I would anticipate 8 hours of field work at $70.00/hour together with 5 hours of office work at $55.00/ hour . Bolton & Menk would propose a not-to-exceed cost of 10 hours field work and 6 hours of office computations, totalling $1,030. This proposal is based on the assumption the City will provide us with a Legal Description, a copy of the half sections for Section 17, Township 27, Range 23, As-built plan of the sanitary in the area of Mr. Cardinell's property and a copy of the sanitary sewer easement. Bolton & Menk is a full service consulting firm which includes Municipal, Site Development, Transportation, Environmental, Surveying, Planning, GPS, and Wetland Administration. If the City is in need of any of these services, please feel free to contact me or Jim Johnson, Office Manager. An estimated cost can be provided for these services once a Scope of Work is defined. Tom, thank you for your consideration of Bolton & Menk, Inc, and this proposal. We are staffed with experienced and trained personnel and utilize state of the art field and office equipment to reduce your engineering and surveying costs. We look forward to working with you on this project. If you have any questions or concerns please feel free to call. Sincerely, BOLTON & MENK, INC. Dennis M. Honsa, L.S. Project Manager MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equal Opportunity Employer city of aagan THOMAS EGAN Mayor August 14, 1995 William J. Cardinell 3635 Blackhawk Road Eagan, MN 55122 RE: Project No. 665 - Special Assessment Deferment Agreement - 10-01700-010-78 PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk Enclosed are two original copies of a proposed Special Assessment Deferment Agreement for your signature. Please have your signature notarized and return to me. I will then have the Mayor and the City Clerk sign the Agreement and I will send it back to you to record at Dakota County. After this Agreement is recorded, bring back a receipt from the County indicating the recording number and the City will then adjust the assessment roll. If you have any questions please contact me at 612/681-4641. Sincerely, Edward J. scht Sr. Engineering Technician EJK/lj cc: Mike Foertsch enclosure: Agreement 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 SPECIAL ASSESSMENT DEFERMENT AGREEMENT: IN CONNECTION WITH PUBLIC IMPROVEMENT PROJECT NO. 665 THIS AGREEMENT is made and entered into this day of , 1995, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") and WILLIAM J. CARDINELL, JR., (hereinafter "Landowner"). WITNESSETH WHEREAS, the Landowner is the are fee owner of property identified by Parcel Tax Identification No. 10-01700-010-78 (hereinafter "Subject Property") and legally described as follows: See Exhibit "A" attached hereto and incorporated as a part hereof. WHEREAS, the Subject Property was assessed by the City on June 6, 1995, in connection with Public Improvement Project No. 665 for road reconstruction improvements; and WHEREAS, the sum of assessments on the Subject Property was $7,000.00 based on a two-lot equivalent of $3,500.00; and WHEREAS, the Landowner has requested that the City defer, without interest, the second lot equivalent assessment in an amount equal to $3,500.00, subject to the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The Landowner agrees that the second lot equivalent assessment against the Subject Property for street reconstruction in connection with Public Improvement Project No. 665 is equal to $3,500.00. 2. The City agrees to defer payment of the second lot equivalent assessment of $3,500.00, without interest, subject to the terms and conditions specified herein. 3. The Landowner agrees that the deferment of payment of the second lot equivalent assessment shall not, in any event, exceed thirty (30) years in accordance with Minn. Stat. §429.061, Subd. 2. 4. The Landowner agrees that the deferment of payment of the second lot equivalent assessment of $3,500.00 as provided herein shall terminate and become due upon the happening of any of the following events, whichever first occurs: a. The City performs a field survey verifying a second buildable lot (meeting all appropriate setback, frontage and area requirements without any variances) within the Subject Property; b. The Subject Property is subdivided and thereby creating a second buildable lot; or c. The Landowner sell the Subject Property during which sales transaction a field survey is completed which verifies the ability to create a second buildable lot within the Subject Property. 5. Upon the happening of any of the foregoing events thereby terminating the deferral of payment, the deferred portion of the assessment ($3,500.00) shall be immediately payable in a one-time lump sum payment. 6. The Landowner agrees to file and record at the Dakota County Recorder's Office a copy of this Agreement within thirty (30) days of full execution of this Agreement. 7. The Landowner agrees that this Agreement shall be binding upon the parties, their successors, heirs and assigns. CITY OF EAGAN, a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk LANDOWNER: William J. Cardinell, Jr. STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 1995, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1995, before me a Notary Public within and for said County, personally appeared WILLIAM J. CARDINELL, JR., to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 SKH/wkt CITY OF EAGAN Remarks Addition Section 17 Lot Blk Parcel 10 01700 010 78 D ner Street 3635 Blackhawk 1$.'d. State Eagan,MN 55122 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING I VI 833000 834 10 Paid SAN SEW TRUNK 1 9M . 1 6 30 PaIA SEWER LATERAL & Service Stub WATER MAIN WATER LATERAL 1971 '39.10 20 POIJA WATER AREA STORM SEW TRK 7 1983 796.00 53.07 15 STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. 260 00 2 995 1-1-20-70 BUILDING PER. - SAC 275.00 7618.& 7577 3 -1 IL & 21= PARK MEMORANDUM TO FROM: DATE: RE Ed Kirscht, Senior Engineering Technician Sharon K. Hills, Assistant City Attorney RECZ,VA UG 2 1995 August 1, 1995 Special Assessment Deferment Agreement (Project No. 665) Our File Nos. 206-13291 and 206-11923 In accordance with our discussion this morning, enclosed please find two originals of the above-described Agreement. If you have any questions, please do not hesitate to contact me. SKH/wkt L RECEP D JUL 2 8 1995 MEMORANDUM TO: Mike Foertsch, Assistant City Engineer FROM: City Attorney's Office DATE: July 27, 1995 RE: Special Assessment Deferment Agreement Public Improvement Project No. 665 (Blackhawk Road) Parcel No. 10-01700-010-78 Our File No. 206-13291 Attached please fmd a copy of a memorandum from our office to Tom Colbert regarding the above-referenced matter. As you will note, our office recommended that the City Council adopt a resolution modifying the resolution adopting the assessment for purposes of effecting the deferment of the special assessment on the above-referenced property. Accordingly, also fmd attached a draft resolution modifying the resolution adopting the assessments in connection with Project No. 665. As you may recall from our discussions, our office recommends that the Deferment Agreement be signed by the property owner prior to presenting the resolution to City Council for approval. Tom Colbert sent to me a memo with his revisions stating that the Agreement should be sent to Mr. Cardinell for his signature. Did you want to handle that or should our office make the contact - let me know. Finally, the City needs to obtain from Mr. Cardinell a copy of his Owner's Duplicate Certificate of Title which sets forth the property's legal description, and which will be attached as Exhibit "A" to the Agreement. It is recommend that Mr. Cardinell provide the document before or at the time of signing the Agreement. If you have any questions regarding this matter, please do not hesitate to contact me or Mike Dougherty. SKH/wkt cc: Tom Colbert, Director of Public Works Jim Sheldon, City Attorney SPECIAL ASSESSMENT DEFERMENT AGREEMENT: IN CONNECTION WITH PUBLIC IMPROVEMENT PROJECT NO. 665 THIS AGREEMENT is made and entered into this day of 1995, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") and WILLIAM J. CARDINELL, JR., (hereinafter "Landowner"). WITNESSETH WHEREAS, the Landowner is the are fee owner of property identified by Parcel Tax Identification No. 10-01700-010-78 (hereinafter "Subject Property") and legally described as follows: See Exhibit "A" attached hereto and incorporated as a part hereof. WHEREAS, the Subject Property was assessed by the City on June 6, 1995, in connection with Public Improvement Project No. 665 for road reconstruction improvements; and WHEREAS, the sum of assessments on the Subject Property was $7,000.00 based on a two-lot equivalent of $3,500.00; and WHEREAS, the Landowner has requested that the City defer, without interest, the second lot equivalent assessment in an amount equal to $3,500.00, subject to the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The Landowner agrees that the second lot equivalent assessment against the Subject Property for street reconstruction in connection with Public Improvement Project No. 665 is equal to $3,500.00. 2. The City agrees to defer payment of the second lot equivalent assessment of $3,500.00, without interest, subject to the terms and conditions specified herein. 3. The Landowner agrees that the deferment of payment of the second lot equivalent assessment shall not, in any event, exceed thirty (30) years in accordance with Minn. Stat. §429.061, Subd. 2. C w a h4 s 4. The Landowner agrees that the deferment of payment of the second lot equivalent assessment of $3,500.00 as provided herein shall terminate and become due upon the happening of any of the following events, whichever first occurs: a. The City performs a field survey verifying a second buildable lot (meeting all appropriate setback, frontage and area requirements without any variances) within the Subject Property; b. The Subject Property is subdivided and thereby creating a second buildable lot; or c. The Landowner sell the Subject Property during which sales transaction a field survey is completed which verifies the ability to create a second buildable lot within the Subject Property. 5. Upon the happening of any of the foregoing events thereby terminating the deferral of payment, the deferred portion of the assessment ($3,500.00) shall be immediately payable in a one-time lump sum payment. 6. The Landowner agrees to file and record at the Dakota County Recorder's Office a copy of this Agreement within thirty (30) days of full execution of this Agreement. 7. The Landowner agrees that this Agreement shall be binding upon the parties, their successors, heirs and assigns. CITY OF EAGAN, a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk LANDOWNER: William J. Cardinell, Jr. STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 1995, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VanOVERBEKE 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 on 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1995, before me a Notary Public within and for said County, personally appeared WILLIAM J. CARDINELL, JR., 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. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 SKH/wkt 4: r Ar , re, fL '`Mv sa EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Blackhawk Middle School located at 1540 Deerwood Drive, in said City on August 1, 1995, at 6:30 p.m. The following members were present: Egan, Awada, Hunter, Masin and Wachter; and the following were absent: none. * * * * * * * * * * * * * * Member introduced the following resolution and moved its adoption: RESOLUTION MODIFYING RESOLUTION ADOPTING ASSESSMENT PROJECT NO. 665 - BLACK14AWK ROAD STREET REHABILITATION WHEREAS, on the 6th day of June, 1995, the Council adopted the Resolution Adopting Assessment in connection with Public Improvement Project No. 665 - Blackhawk Road street rehabilitation; and WHEREAS, the property described and identified by Parcel Tax Identification No. 10- 01700-010-78 ("Subject Property") was assessed by the City on June 6, 1995, in connection with Public Improvement Project No. 665 for road reconstruction improvements pursuant to the above-referred resolution. The sum of assessments on the Subject Property was $7,000.00. BE IT THEREFORE RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, as follows: 1. The Resolution Adopting Assessment adopted by the Council on June 6, 1995, is hereby modified to incorporate the following: 6. For purposes of the property described and identified as Parcel Tax Identification No. 10-01700-010-78, the payment of $3,500.00 out of the $7,000.00 shall be deferred, without the accrual of interest, until the happening of any of the following events, whichever first occurs: (a) July 31, 2025; .r + A (b) The City performs a field survey verifying a second buildable lot (meeting all appropriate setback, frontage and area requirements without any variances) within the Subject Property; (c) The Subject Property is subdivided and thereby creating a second buildable lot; or (d) The Landowner sells the Subject Property, during which sales transaction a field survey is completed which verifies a second buildable lot within the Subject Property. Upon the happening of any of the foregoing events thereby terminating the deferral of payment, the deferred portion of the assessment ($3,500.00) shall be immediately payable in a one-time lump sum payment. ADOPTED by the Council this 1st day of August, 1995. Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor; Egan, Awada, Hunter, Masin and Wachter; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. MEMORANDUM TO: Tom A. Colbert, P.E. FROM: City Attorney's Office, DATE: July 21, 1995 RE: Special Assessment Deferment Agreement Public Improvement Project 665 (Blackhawk Road) Parcel No. 10-01700-010-78 Pursuant to your directive outlined in your letter dated July 12, 1995, attached please find a draft of a Special Assessment Deferment Agreement between the City and the property owner in connection with the above-referenced matter. Please note the verified fee owner of the subject property and the assessment levy number need to be incorporated into the agreement. Our office is in the process of obtaining verification from the Dakota County Recorder's Office regarding the fee owner and it is my understanding that Deanna Kivi will provide the assessment levy number. There is one final matter of which you should be aware regarding this agreement. In reviewing the draft agreement, Mike Dougherty noted a Minnesota Supreme Court case, Anderson v. City of Bemidji, 295 N.W.2d 555 (Minn. 1980), in which the Court explicitly held that Minnesota statutory law prohibits the deferral of only one-half (or a portion) of an entire assessment on a particular property. The Court based its decision on the statutory language in effect at the time of the case which provided "Except as provided below, all assessments shall be payable in equal annual installments extending over such period, not exceeding thirty years, as the resolution determines..." Minn. Stat. §429.061, Subd. 2 (emphasis added). Based on that language, the Court reasoned: The [statutory] language specifically requires equal annual installments once payment has commenced from the first installment. The time of that first installment may be varied, but once paid, it appears there is no authority to vary timing of the subsequent annual installments.. Therefore, we must conclude the City did not have the authority to defer one-half of [the property owner's] assessment. Accordingly, his agreement not to appeal in return for the deferral was void and ineffective as a waiver of his right to appeal. The statutory language upon which the Court in Anderson based its decision has since been amended by the legislature. The statutory language in effect today provides: Unless otherwise provided in the resolution, all assessments shall be payable in equal annual installments extending over such period, not exceeding thirty years, as the resolution determines... Minn. Stat. §429.061, Subd. 2 (1987) (emphasis added). Accordingly, as the statutory language currently reads, the City has authority to defer payment, whereby equal annual installments will not be made, only if the assessment resolution so provides. Therefore, in order to avoid the application of the Anderson case and to fall within the authority of the statute, the City will need to adopt a resolution modifying the resolution adopting assessment with respect to the subject property. If you have any questions regarding this matter or have revisions to the draft agreement, please contact our office. city of aagan f'4ie C, (a-0,1700- 0 /0 - 79 DATE:G f 2 ?o 19 ?/ S TO: 1fAN4A KIL/I rI n4rl C--d THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk TRANSMITTAL FROM: RE: ITEM (S): PURPOSE: REMARKS: ED 1CI'k- sr,{ f P/ROT No. &o - - S??c,a( ASS??sr++?ti? ?GIZ in "1' DESCRIPTION Cr i . o 36 61- 1 WILLIAM 7- CA R,9) t- OA D As requested Review & Return __ For your Information Return/reply to sender ____ For your approval Other (see remarks) L HE 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 MAINTENANCE FACILITY THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 Equal Opportunity/Affirmative Action Employer FAX: (612) 681-4360 TDD: (612) 454.8535 C ity of oc1gc1n THOMAS EGAN Mayor August 14, 1995 PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE William J. Cardinell City Clerk 3635 Blackhawk Road Eagan, MN 55122 RE: Project No. 665 - Special Assessment Deferment Agreement - 10-01700-010-78 Enclosed are two original copies of a proposed Special Assessment Deferment Agreement for your signature. Please have your signature notarized and return to me. I will then have the Mayor and the City Clerk sign the Agreement and I will send it back to you to record at Dakota County. After this Agreement is recorded, bring back a receipt from the County indicating the recording number and the City will then adjust the assessment roll. If you have any questions please contact me at 612/681-4641. Sincerely, Edward J. ICirscht Sr. Engineering Technician EJK/lj cc: Mike Foertsch enclosure: Agreement 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/Affirmatlve Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681.4360 TDD: (612) 454.8535 This request void 18 months from J/ct D 81872 Request Date FireNo. Rough-in Inspection - P Required? early Now E] Will Notify Inspec for When Ready /15 ' ?Yes No X Licensed Electrical Contractor I hereby request inspection of above ? Owner electrical work installed at: Street Address, Box or Route No. City ection o. Township Name or No. Range No. County Occupant (PRINT) Phone No. L L Power Supplier Address Electrical Contractor ompany Name) ill Cont actor's License No. ess (Contractor o Ownerr Making Instailation) ailing Addd'r - ? l GAL' IVA) 3(?? tL) / •- - ? 4 (Contractor caner Makin Installation) Author ed Signature P on Number 41, /^y 1 a5l- "7,1 MI NESOTA STATE ARD OF ELECTRICITY THIS INSPECTION REQUEST WILL NOT Griggs-Midway Bldg. - Room N-191 BE ACCEPTED BY THE STATE BOARD 1821 University Ave.. St. Paul. MN 55104 UNLESS PROPER INSPECTION FEE IS Phone (612) 642-0800 ENCLOSED. REQUEST FOR ELECTRICAL INSPECTION EB-000011-0 Ii, See instructions for completing this form on back of yellow copy. D "X" Below Work Covered by This Request 81872 Now Add Rep. Type of Building Appliances Wired Equipment Wired Home Range Temporary Service Duplex Water Heater Lighting Fixtures Apt. Building Dryer Electric Heating Commercial Bldg. Furnace Silo Unloader Industrial Bldg. Air Conditioner Bulk Milk Tank Farm Other Specify Other (Specify) ter Specify Other Other Compute Inspection Fee Below q Fee Service Entrance Size it Fee Feeders/Subfeeders # Fee Circuits 2 , 0 0 to 200 Amps 0 to 30 Amps 0 to 30 Amps Above 200 Amps 31 to 100 Amps 31 to 100 Amps_ Swimming Pool Above 100 Amps Above 100-Amps Transformers Irrigation Booms , E Partial,"Other Fee Signs Special Inspection TO Remarks C ? r Rough-in Date I t ical Inspector, hereby c rtify that the above Final Y -*1 - & Wanspection has been • made. This request void 18 months from 1 a 4 } '(a t1t_ ? ? Lr ac __'? REQUEST FOR ELECTRICAL INSPECTION a-. EB-00001-06 ,?i, s .K/i See instructions for completing this form on back of yellow copy. ,//) : - 1 8 7 2 '-X Below Work Covered by This Request Now Add Rep. Type of Building Appliances Wired Equipment Wired Home Range Temporary Service Duplex Water Heater Lighting Fixtures Apt. Building Dryer Electric Heating Commercial Bldg. Furnace Silo Unloader Industrial Bldg. Air Conditioner Bulk Milk Tank Farm Other pecify Other (Specify) Other Specify Other Other Compu Inspection Fee Below # Fee Service Entrance Size # Fee Feeders /Subfeeders # Fee Circuits Z © 0 to 200 Ams 0 to 30 Ams 0to30Amps Above 200 Amps 31 to 100 Amps 31 to 100 Amps Swimming Pool Above 100- Amps Above 100-Amps Transformers Irrigation Booms sU Partial, Other Fee Signs Special Inspection TOTAL FE Remarks E Rough-in Date I, the Electrical Inspector, hereby certify that the above Final Date inspection has been made. This renuest void 18 months from This request void F n?ypG ,7 18 months from 81872 Request Date Fire No. Rough-in Inspection Required? fiteadvNow ? WillNotify. Inspec- -? / - e) ? Yes No for When Ready X Licensed Electrical Contractor ? Owner I hereby request inspection of'above ;,,electrical..work installed at: Street Address, Box or Route-No. City ection No. Township Name or No. Range No. County caT? Occupant {PRINT) - Phone No. 4'LL 2; ;> 42A 1 Power Supplier Address "4 7 ' S i &) k) ElectricalContractor ompany Name) ontiartor'* License No. /?/' ? T ?J ailing Address (Contractor o Owner Making Instailation) V ccF ?? s/a f A) i S7 57 Author ed Signature (Contractor wner Makin Instal lationl Pon Number v J - O MI NESOTA STATE ARD OF ELECTRICITY Griggs-Midway Bldg. - Room N-191 1821 University Ave.. St. Paul, MN 55104 01....... 1=1O1 CAO nQnn .THIS INSPECTION REQUEST WILL NOT BE ACCEPTED BY THE STATE BOARD UNLESS PROPER INSPECTION FEE IS ENCLOSED. VILLAGE OF EAGAN SEWER SERVICE PERMIT 3795 Pilot Knob Road 'PER I' NO.: 2002 Eagan, MN 55122 DATE: March 13, 1973 Zoning: R-1 No. of Units: Owner: Kenneth Hedtke Address: Site Address: Plumber: I I agree to comply with the Village of Eagan Connection Charge: 260,00 * Ordinances. Account Deposit: 15. 0 By Date of Insp. Insp.: Permit Fee: - Surcharge: Misc. Charges- Total- Date Paid: EAGAN TOWNSHIP 3795 Pilot Knob Road St. Paul, Minnesota 55111 Telephone 454-5242 PERMIT FOR WATER SERVICE CONNECTION Date: November 23, 1970 Number: 503 J p/7D) D/O 7 Billing Name: Hiroyasu Chiba Site Address: 3635 Blackhawk Road Owner: same Billing Address same Plumber: Wenzel Plumbing & Heating Location of Connection Meter Size 5/8" ?-? Meter No.6818654 Meter ReadinJ11,000 Building is a: Residence Multiple No. Units Commercial Industrial Other Connection Chg. 22 2.60.00 pd 11/20/70 Account Dep. 15.00 pd 11/20/70 Permit Fee 10.00 Pd 11/23/70 Meter Dep. Meter Sealed: Yes jAdd'l Chg. NO I Total Chg. Inspected by Date Remarks: By: Chief Inspector In consideration of the issue and delivery to me of the above permit, I hereby agree to do the proposed work in accordance with the rules and regulations of Eagan Township, Dakota County, Minnesota. By: Wenzel Plumbing & Heating Inc. 1955 Shawnee Road, St. Paul 55111 Please notify the above office when ready for inspection and connection. Y - --- -- Ltt/lL? o -- r V?T BEA BLOMQUIST MAYOR THOMASEGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBERS DATE : I Le T I t?€/ CITY OF EAGAN 3795 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454-0100 SPECIAL ASSESSMENT SEARCH ?a&d 10-01-700-010--If RE : THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK W atVA 66.4-, Enclosed herein is the search which you requested made on the above described property. Kind of Improvement Runs Beginning Original Amount Balance Due h.erA '1Vj1A&&ce I further certify that according to the records of said office, the following improve- ments are contemplated or pending after having been approved, and are now in the process of planning or completion. Kind of Improvement Approximate date of Completion Approximate cost WAIVER: Neither the City of Eagan nor its employees guarantees the accuracy of the above in- formation which was requested by the person or persons indicated. Nor does the City or 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 or its employees rising there from is hereby expressly waived. Levied assessments to be paid to the County Treasurer at Hastings, MN. 55033 Very truly yours, THE ONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. GENTLEMEN : E X H I B I T "B" Date 7/7172 Re : NSW'X ' ... 8 92 r .. , Addre 363 Blackhavk Road _SEC__ i ? Owner: Hiroyasu Chilba PLEASE COMPLETE THIS PENDING and/or SPECIAL ASSESSMENT SEARCH AND KINDLY RETURN TO US ALONG WITH YOUR STATEMENT OF CHARGES TO: NORTH STAR ABSTRACT & TITLE GUARANTY, INC. 501-2nd Avenue South Minneapolis, Minnesota 55402 SPECIAL IMPROVEMENTS On all that tract or parcel of land lying and being in' Dakota County, Minnesota, described as follows to-wit: See Attached SPECIAL' ASSESSMENTS This is to certify that I have examined the records in the office of the Clerk, Village/City/Township of Egan TWansjib , Dakota County, Minnesota, and, from such search, certify that the following special assessments appear unpaid with respect to the above-described tract or parcel of land: (If none, write "NONE") Kind of IMPROVEMENT Term Beginning Original Interest Total Amount Amount Unpaid Suhseauent August 11, 1972 Dakota County Auditor Hastings, MN 55033 Attentions Norma Dear Normas The following is a list of payments that we have received in our offices PARCEL b3490, Lot 6 Block 7, Cedar Grove #5 Water Lateral 1972 Amount hid $582.72 PARCEL c3238, Lot 9 Block 1, Cedar Grove #7 Sewer & Water Lets & Sewer Trunk Amount Paid $1505.44 PARCEL 3231•B, Section 179 270, 23, Hiroyasu Chilba. Sewer Trunk, Street Imp., Sewer & Water Laterals, (all Assessments) $3075.45 -, iAj 6/70 Please make the necessary postings. Call me if you need additional information. Thank you. Sincerely, Ann Goers Assessment Clerk P.S. I have Just received payment on Parcel b3212, Lot 2 Block 1, Harvey Addn. #2, Sewer & Water Laterals in the amount of 2036.56. City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Date: May 2, 1980 Spring Co 9740 Irving Ave Bloomington, biN AttN: Enclosed herein property: SPECIAL ASSESSMENT SEARCH So RE' Section 17 , 010 78 55431 3635 Blackhawk Road, Eagan, MN 55122 is the search which you request ecfbadJOA1199 Q gvPdescribed Kind of Improvement Runs Beginning Original .Aount Balance Due None 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. Kind of Improvement Approximate date o Completion Approximate Cost None WAIVER: Neither the City of Eagan norits 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. informationin 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 88-041 - P'4 city OF 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 Date: June 10, 1988 Requested By: Stewart Title 1. #88204067 Special Assessment Search Re: 10-01700-010-78 Section 17 VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk On the attached form is the City's response to your search request on the identified property. The information includes the original amount of the assessments and the payoff amounts of the assessments on the parcel. In addition, pending assessments are included for improvement projects that have been ordered to be installed by the City Council as they may affect this parcel. The levied and pending assessments may or may not reflect the complete assessment obligation based upon the parcel's current use or zoning. Certain parcels have not been assessed at the appropriate rate per their zoning/use.. The City's policy is to review the assessment obligation of parels at platting, replat- ting, rezoning, waiver of platting, and prior to the issuance of conditional and special use permits and certain building and in other unique situations. A condition of aproval equires the parcel to assume its additional assessment obligations that have not previously been levied for existing The City's Engineering Division can provide fupublic imprvements. rther clarification of this policy, if you desire. WAIVER/DISCLAIMER: Neither the City of Eagan nor its employees guarantees the accuracy or completeness of the information provided which was required by the person or persons indicated. Nor does the City or its employees assume any liability for the correctness thereof. In consideration of receiving and using information on the attached-form and for all other consideration of any nature whatsoever, any claim against the City or its employees rising therefrom is hereby expressly denied. Pending assessments cannot be paid until levied. Levied assessments can be paid to the CITY OF EAGAN. Very truly yours, SPECIAL A SSSMENTS Attachment THE LONE OAK TREE.. . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY SPECIAL ASSESSMENTS SPECIAL ASSESSMENTS SEARCH SUMMARY FVDPERTY 1 .0. l l..i.V ("1 Yv.j DATE: 06/10/88 ..........._ ?... FLAGS---- 10-0 S.A.,! At:jSL:..•:SM{':_N! 1il:::.St 1'.., + Yf' S RA.•Il.... TOTAL AN !.! l,.t.sI,. PAYOFF COMMENT 100003 GRADING 00 0 .00% 833.00 833. 00 .00 CLOEED jQO004 SAN SEW ! CO 0 00% 199.50 199. 50 .00 CLOSED i00005 SAN SEW LA*'i' ti :)r] ! } .00 L S E 100009 WATER l_. (-'d I ] iiY i.. - r , _. _. .. 100732 BS TR 297 82 15 12.50% 796.00 53. 07 Y SUMMARY OF ACTIVE .y 1; „ ., . 61 1 Form) S YEAR'S TOT P&I 119.42 Press F! or F2 (Header or F7 (Restart R768) city of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 Special Assessment Search Date: November 28, 1986 Re : Section 17 Co Stewart of Title e 10-01700-010-78 Suite 107 101 West Burnsville Parkway Burnsville MN 55337 BEA BLOMQUIST Mayor THOMAS EGAN JAMES A. SMITH VIC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk On the attached form is the City's response to your search request on the identified property. The information includes the original amount of the assessments and the payoff amounts of the assessments on the parcel. In addition, pending assessments are included for improvement projects that have been ordered to be installed by the City Council as they may affect this parcel. The City's policy is to levy assessments based upon the current zoning or existing use of the parcel (whichever is higher) as reflected in the above assessments. If, and when, the parcel is rezoned or developed to a higher use, a condition of development approval will require that this parcel assume any additional assessment obligations that have not been previously paid for existing public improvements. The City Engineering Division can provide further clarification of this policy if you desire. WAIVER/DISCLAIMER: Neither the City of Eagan nor its employees guarantees the accuracy or completeness of the information provided which was requested by the person or persons indicated. Nor does the City or its employees assume any liability for the correctness thereof. In consideration of receiving and using information on the attached form and for all other consideration of any nature whatsoever, any claim against the City or its employees rising therefrom is hereby expressly denied. Pending assessments cannot be paid until levied. Levied assessments can be paid to the CITY OF EAGAN. Very truly yours, SPECIAL ASSESSMENT Attachment THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ,( . TRANSACTION . .?.. R760 SPECIAL H ,.. ? ASSESSMENTS SPECIAL ASSESSMENTS SEARCH SUMMARY ... ; iI ; ' c., DATE: 11/28/96 --'•-- PROPERTY l.•?i.I,. r_J1.., rti ? ?, ._.._. - SPECIAL 1=?LF•i la 10-01700-010-78 :_?.;sc.: ; ' : ', ; :17S^ y '?a v ?? C 'f.,?.?u PAYOFF .*I.. r..., af•i.i?F .: y ASSESSMENT ...•7 i'_ r'::.,.;.. 'tJ?. .. r,, RATE TOTAL f` i t: . t:: i:i C'`?{''{ ?..1 ?{\ c:) 100732 SS T R 297 92 15 .. 796.00 53.07 530.,68 SUMMARY OF r:., .., ..J...}. ,_. i `- r +`r . f) i ; 53.07 530.Q-3' THIS 7 YEAR'S TOT PW 126.04. Pt:_t.,::;::r: r.? or F2 (Hesd.::ai Form) or F ; t1:r :':"1:. r r.. •.rc;c,i