The URL can be used to link to this page

1205 Diffley RdCITY OF EAGAN Remarks Lk' = , , r, L! ? ` %, x / '' ' `V? " ° ? r AdditiorA SeCtion 27 Lot aik Parcel 10 02700 010 02 Owner 1215 Co. Rd. 30 Ea ' Street State Pa11.,MN 55123 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING 5AN SEW TRUNK 1973 13072.0 653.60 20 SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM 5EW TRK STORM 5EW LAT CURB & GUTTER I SIDEWALK I STREET LIGHT WATER CONN. BUILDING PER. ' SAC PARK CITY OF EAGAN Remarks 't Lot elk Parcei 10 02200 010 84 Owner Street State =- - r Lr ' y ? ? ? 'I _ , Improvement Date Amount Annual Years Payment Receipt Qate STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWERLATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK Community Served The Caponi Art Park serves people of all ages and backgrounds especially families with young children, senior citizens and school groups from all parts of Dakota County and the Twin Cities. Estimated Programs Audience 7 performances of music and dance 1,750 6 events in the Family Fun Tuesdays series 600 3 performances in the Elizabethan Festival 450 3 one-week student workshops and performances 150 Theater performance by In the Heart of the Beast 300 Inaugural performance in the Theater in the Woods 500 3,750 Audience total does not include daily visiYors or arranged group tours. School and Educational Grouns Northview Elementary Burnsville High School Pilot Knob Elementary Cedar Alternative High School Souix Traii Elementary Eagan High School School of Environmental Studies Woodbury High School Metro State University Home Schools Dakota County Technical Career Academy Community Education St. Paul, ISD 196, 191 Other Grouns Sierra Club Boy and Girl Scouts Minnetonka Art Center Farm in the Cities Minnesota Art Educators Minneapolis Hiking Club Minneapolis Park Board Volunteers YMCA Apollo Center for Head Trauma Victims Long-term Caregivers Group from DARTS EXHIBIT "A" Parcel 1 The Southeast Quarter of the Southwest Quarter of the Southeast Quarter (SE; of SW; of SE;) of Section 22, Township 27, Range 23, Dakota County, Minnesota. Parcel 2 The Southwest Quarter of the Southeast Quarter of the Southeast Quarter (SW; of SE; of SE;) of Section 22, Township 27, Range 23, Dakota County, Minnesota. Parcel 3 The Northwest Quarter of the Northeast Quarter (NW; of NE;) of Section 27, Township 27, Range 23, Dakota County, Minnesota except that portion described as follows: Beginning at a point on the south line of the Northwest Quarter of the Northeast Quarter 170 feet east of the Southwest Corner thereof; thence west 170 feet along the south line to the Southwest Corner, thence north along the west line of the Northeast Quarter 570 feet; thence deflecting right at an angle of 134 degrees, 30 minutes, 06 seconds, a distance of 406.60 feet; thence southwesterly to the point of beginning. ' . z STATE OF MINNESOTA COUNTY OF DAI{OTA Anthony Caponi, Appellant, v. City of Eagan, A Municipal Corporation, Respondent. DISTRICT COURT s o , FIRST JUDICIAL DI5TRICT Case Type: Special Q ` Assessment Appeal Court File #C2-90-7171 STIPULATION AND ORDER FOR JUDGMENT AND juDGMNr Fae iMs ?' ?+Y o? ,91 RUuEit 1'?. S. CwA AOunutraa oEun ? WAEREAS, Appellant Anthony Caponi owns property legally described as SW 1/4 of SE 1/4 of SE 1/4, Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No.110-02200-010-80'and SE 1/4 of SW 1/4 of SE 1/4 of Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No. 10-02200-010-84 ("SUbject Properties"); and WHEREAS, the Subject Properties were assessed by Respondent City of Eagan ("City") on September 19, 1988, each for the sum of $16,552.00 for trunk area storm sewer improvement throuqh Public Improvement Project No. 473; and WHEREAS, Appellant brought an action in District Court appealing the sum of the assessments, known as Anthonv Canoni v. Citv of Eaqan, Court File No. C2-90-7171; and WHEREAS, the above-referenced action was consolidated with Thomas D Bergin et al v. Citv of Ea4an, Court File No. CO-90-7315 and Thomas J. Roonev v. Citv of Eaqan, Court File No. C9-90-7314 pursuant to the Court's Order of July 20, 1990; and > ? /Pa'e' 2/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi WHEREAS, the parties have resolved the assessment dispute. NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment for the property identified as PID No. 10-02200-010-80 in the sum of $16,552.00 shall be dismissed by the City. 2. The trunk area storm sewer assessment against the property PID No. 10-02200-010-84 in the sum of $16,552.00 shall be dismissed by the City. 3. If and when the parcel PID No. 10-02200-010-80 sha11 be connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 4. If and when parcel PID No. 10-02200-010-84 is connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 5. Appellant agrees that this Agreement shall bind all his heirs, successors, ass3gns and agents. 6. The City shall direct the Dakota County Treasurer to remove the assessments from Appellant's real estate tax statements. / . 1 ? Page 3JSTIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi 7. Following execution of this Stipulation, the parties agree this action, Court File No. C2-90-7171 shall be dismissed with prejudice. Dated: /f 7- 9 Dated: j??. 39- 19.21 Dated: &L?L yo- 1991 APPROVED AS TO FORM: City Atto ney's fice Dated: . SeAj. -Zat, / APPROVED AS TO CONTENT: blic Works Department Dated: ?/ ? - r An i ORDER FOR JUDGMENT The attached Stipulation constitutes the order of this Court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: id'ge of istrict Court .TUD I HEREBY CERTIFY THAT THE ABOVE ORDER FOR .IDDGlIENT CONSTITOTES THE SUD(MEN'P OF THE COIIRT. DATED: DECEMBER 17TH 1991 BOGER W. SA14E5 (gp,AL) COIIRT ADMINISTRATOR BY ?{?? DEYDTY CLERR WELL PERMIT DAKOTA COUNTY Permit No. ENVIRONMENTAL MANAGEMENT DEPARTMENT WATER AND LAND MANAGEMENT SECTION 94-0117 14955 Galaxie Avenue, Apple Valley, MN 55124 Unique : 544734 (612) 891-7011 WHEREAS, the PERMITTEE/DBA: Ingleside Engineering ADDRESS: 4920 Hwy 55 : Loretto; MN 55357 NON-TRANSFERABLE ISSUED TO: 27355 REVIEWED.SY: Farr has submitted a permit application, has paid the sum of $239 dollars to the County of Dakota as required by Ordinance Number 114 and. has complied with all of the requirements of said Ordinance necessary for obtaining this permit to construct the Well described herein: A private water supply well will be constructed with a finished casing diameter of 4 inches, drilled to a depth of approximately 150 feet, and terminating in the unconsolidated sediments aquifer. The well be properly cased, grouted with bentonite slurry (at least 10e bentonite) to seal off overlying unconsolidated formation materials, and completed with an open hole in the aquifer. THE WELL IS LOCATED IN THE MUNICIPALITY OF EAGAN AS FOLLOWS: WELL LOCATION PROPERTY OWNER & ADDRESS WELL OWNER & ADDRESS 1205 Diffley Rd Tony Caponi Tony Caponi 1205 Diffley Rd 1205 Diffley Rd Eagan, MN 55121 Eagan, MN 55121 NOW, THEREFORE, Ingleside Engineering is hereby permitted and authorized to construct the well described and located above for a period of one year from the date of this permit. Construction of this well is subject to all provisions of Dakota County Ordinance 114, the Minnesota Water Well Construction Code and any conditions attached on the reverse side of this permit. Given under my hand Monday, September 26, 1994 OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 November 20, 1987 Peg Rimpila County Auditor's Office Dakota Coun[y Government Center 1560 Hwy 55 Hastings MN 55033 Dear Peg: BFA BLOM9UISf W-NM iHOMAS EGAN ,14ME5 A. $MIiH VIC ELLISON THC-0DORE WACHfER Coundi nnembars iHOMAS HEDGES Ciry P[innenalor EUGENE VPN OVERBEKE Gry Clerk In accordance with the "Stipulation and Agreement for Final Settlement and Mutual Release" File 87177, the City of Eagan agrees to cancel in its entirely and treat as paid the assessment approved by [he City Council on July 11, 1972 in the amount of $13,072.00 for trunk sanitary sewer, including cancelling all installments of deferred interest and principal and all ins[allments not yet due. Please cancel DIP 221 .on Parcel 10-02700-010-02 I as shown on the Special Assessments Input Form enclosed-.- Thank you for your assistance. If you need more please call. Sincerely, ??(,?/V1o E.\.U. VanOverbeke Finance DirectorICity Clerk dk Enclosure cc: Ken ?amlo information, THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIiY pa4? BAECIAL? A88E88MEN78 -' INPUT FORM - AUDlTOR DISIRICP ?O S,-iiLtWEFt oaa iSh-tSAHE DLSTRZS-DZSP BM-YFJ11i 1/ O 7 NO-YE)1fiSFIRST YF1+li IIiT•REGVLTIR INTo?...??...TOTAL ASSESSHEf7r liirk AcGivity HFN ASS£SS1ENT &-P&REELS OELINQUEKr ANNUALS 174110 • M: ASSESSYEZ7r UPDATE _ ADD/UPDATE PAACELS Divinion ASSESSHECIr DEF EFF AGT- IST p[AT LAT HLK .°? ( MtOI]DfP COOE YEAR ION /D Da70o o/o oa. oaal /,3 o7a oo 19?7 _D . , It7GEHD ALTICN A - Add . C - Chanqe_ ? = Delete P - Priat ' bookaheet O - Old Pareel (diviston) N - Ncu Parcel (division) DEF CODE S - Senior ' Citizen . C - City. • •Deferred NUMBER CITY OF EAGAN 0 3830 PILOT KNOB ROAD 0 EAGAN, MINNESOTA 55722 FEmITTANCE VOUCHER . DETACH BEFORE USING r twUAN, MINNESOTA 55122 I ".""` I ? ? k ; - DATE , . : . ? AMOUNT, W - PAY , 6/4/87 94.563.7,4;, Y ,•? ... [ . . . . . . ' t`. l .?. r , TO THE ' ANTHONY CAPONS AND oaoea: . THOMAS ROONEY HIS ATTORNEY ? • ' ' E r `? - , OF ir- OO7 d ??LsL E ? ? _ MAYOR . . SHELARO NATIONAL BANK OF EAGAN r - '?"?EAGAN,MINNESOTA. . ."' ? TREASURER 0D1.7593f4' 1:0 9 6(]142914 mLQ1023000 - -- -?- -- -- -° ? ? " ;. - - -_, - : IF . e 4 _ . .... . , . . ? .. -. . ' . ..: . . .. . _ . ...;i "" . ? ? .Tn : j ? . - . ... . . . . . . . '. . ; .' . , . '. ::. ' . . . ., . " ? '.•. .?._... :, ;.? n . ?... .. . ?. . ? S :i . . . ? • . . ? r:.:. ? _ - .. : ... ' r-+.- ...... .. . ? ?.,:: .._ , ...y -. .... - . . . . . ...'.._" _ , . . ._ .'.v - . . .. - . .. .'.. _._.' _ ?.> ..: , ..v ? .. . ? ,/ : „ ' . . . ' . . . t '?-. ?,. : .., .. - ... . . ?- . .. :: • ' - ' '; ? ? CLAIM VOQCHER CITY OF EAGAN CLAIMANT Rnlr,?oN ?/ C% PoNS ?rasi?ESS- '7"NoMr95 ?oo??E` d/is flrTo?ri?Ey ?raL L Se rT/enrex i o f' C"avorr" ?s C/T? er Z-aa? C'/,s .'e f;/e # %-;7 9s's? 3, ?/? I declare under the penalties of law that this account, claim or demand is just and that no part of it has been paid. Signature ?nf ?`3 /17 Date FIN2:CLAIMS HAUGE, EIDE & KELLER, P.A. ? ?Ara.,,eys ar L'QU, T0WN CEN'TRE PROFESSIONAL BLllG., SliITE 200 ? 1260 Y.4NKFE DOODLE R0.4D EAG.4A, M1NNESOTA 55123 (612) 456-9000 June 4, 1987 Mr. and Mrs. Anthony Caponi 1215 Diffley Road Eagan, MN 55123 RE: Ponding Easement Dear Mr. and Mrs. Caponi: PAULM.HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E SCMMIDT I'm writing to confirm my telephone conversation of June 3, 1987 with Mr. Caponi. It is my understanding that you will be willing to review a metes and bounds legal description of the ponding area which would be prepared through a survey commissioned and paid for by the City of Eagan for the proposed substitution of this metes and bounds legal description for the legal description which is presently shown on the easement prepared by your attorney, Tom Rooney. I have suggested that such a metes and bounds legal description will permit the location of the pond on City and County maintained section maps and will permit the location of the pond by anyone examining the title to the property. This may also prevent future survey expenses being incurred by yourself. Thank you for the opportunity to speak with you regarding this. Very truly yours, HAUGE, EIDE & KELLER, P.A. 5KeW. Eide KWE:jjm Enclosure D<'i ti',mB'.R CITV OF EAGAN 0 3630 PILOT KNOB RUAD 9 ECGAN. MINNESOTA 55122 ...?at: vJ01?k,?-.p?._ CwJ?nBE> ' niT?InCUn* FULL SETTLEMENT OF CAPONI VS 99,563.74 CITY OF EAGAN ; CLERK FILE #87177 ? CITY OF EAGAN ` '" ` ' `' ? 3830 PILOT KNGB RQAD 10z, _z N- EAGAN,MINNESOTA55122 PAY 6/4,J87 Lyri?` ANTHONY CAPONI AND - o? THOMAS ROONEY, HIS ATTORNEY . SHELARD NATIONAL 6ANK OP EFGAN EAGAN,MINNESOTA .? 7s. 1429 047593 9°° N?I."AB[F P.MCUNT 94,563.74 h!4VOP. TREASUREP. _ii'04759 3118 1:0960 L4 29 W i L010 2300,11 P?- ?,- STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT CAURT FIRST JUDICIAL DISTRICT FILE #87177 Anthony Caponi, Plaintiff, vs. Arnold Carlson, City of Eagan, a Minnesota corporation, et al, Defendants. STIPIIIATION 6 AGREEMENT FOR FINAL SETTLEMENT AND MUTUAL RELEASE WHEREAS, Judgmen[ was entered in the above en[itled matter in favor of Anthony Caponi on February 4, 1957; and WHEREAS, a full artd final settlement agreement has been reached bet- ween the City of Eagan and Anthony Caponi; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Pursuant to the Judgment in his favor, Anthony Caponi consents to the filing of the Certificate of Condemnation in the focm attached, cer- tifying the taking of [he property described in the Condemnation Certificate and, in addition, the taking by the City of Eagan of a per- petual easement to pond water in the pond known as Pond LP-43 located in the Northwest Quarter of the Northeast quarter of Section 27, Township 22, Range 23, aakota County, up [o an elevation of 851.15 feet above mean sea level (1929 adjustment). 2. The Ci[y of Eagan agrees to cancel in its en[irety and treat as paid [he assessment approved by the City Council on July 11, 1972 in the 1 , original amount of $13,072.00 for trunk sanitary sewer, including can- celling all installments of deferred interest and principal arnl all installments not yet due. 3. Anthony Caponi agrees to satisfy in fu11 the Judgment entered in his favor against the City of Eagan on February 4, 1987. 4. The City of Eagan agrees to remove the submerged fences located in Pond LP-43 along the Westerly and Southerly borders of the Northwest Quarter of the Northeast Quarter of Section 27. Anthony Caponi consents to such removal. 5. The City of Eagan and Anthony Caponi by the execution of this document hereby mutually release each other from any and all claims of any sort, nature or description, which either party may now have against the other, arising out of either the establishment and operation of Pond LP-43 or the removal by the City of Eagan of the fences pursuant to paragraph 4 of this stipulation. 6. The City of Eagan and Anthony Caponi agree that paragraph 4 of the Order for Judgment dated December 30, 1986 and filed and entered February 4, 1987 may be amended by substituting 851.15 feet for 853.25 feet. In all other respects the Judgment shall be unchanged and this Stipulation shall no[ revive any rights to appeal therefrom. Dated thisq7?_day of5()0G , 1987. ? CITY OF EAGAN, .. By ,? a r Attest: City Administra or epu y e HAU , E E& KELLER, P. . B ? ?T Q P L HAUGE, City torney Attorneys for Defendant Eagan 1260 Yankee Doodle Road-Suite 200 Eagan, Minnesota 55123 An n oni ROONEY 4 NEILSON, LTD. ? By TNOMAS J. ROONEY?- 1 y ) Attorneys for Plaintiff 1 One Capital Centre Plaza #660, 386 No. Wabasha Stree[ St. Paul, Minnesota 55102 2 ro- EASEMENT AGREEMENT ANTHONY CAPONI, and his spouse, CHERYL CAPONI, hereby grant to the City of Eagan and to its successors and assigne, a perpetual ponding ease- ment permitting the City of Eagan to pond water up a maximum elevation of 853.25 feet on and over the following described property: That part of the Northwest Quarter of the Northeast Quarter of Section 27, Townahip 22, Range 23, Dakota County, Minnesota, designated as Pond LP-43. The maximum elevation of 853.25 feet includes 'bounce'. The City of Eagan agrees to maintain the present outlet pipe at its present elevation of 851.15 feet. Any replacement outlet pipe shall be of the same size (12" in diameter) and at the same elevation. Anthony Caponi agreea not to fill any part of Pond LP-43 below the maximum elevation of 853.25'. This agreement doea not obligate Caponi to prevent any naturally occurring erosion into Pond LP-43. All elevations are abwe mean sea level (1929 Adjustment). The covenants and agreements expressed herein are binding upon Anthony Caponi, his heirs, executors and assigns, and the City of Eagan and its successora and assigns, and are intended to be cwenants running with the land. Dated this ?/ff'_day of June, 1987• STATE OF MINNESOTA SS. COUNTY OF DAKOTA ? Ant ny Che Capon ? The foregoing Easement Agreement was acknowledged before me this y day ay of June, 1987, by Mthony Caponi an] Cheryl Caponi, husband and wife. ? Notary Public (SEAL) This instrument drafted by: Thomas J. Rooney ROONEY 6 NEILSON, LTD. One Capital Centre Plaza 1i660, 386 No. Wabasha Street St. Paul, Minnesota 55102 ------------- ----- -------------- KEVIN S;, ; O NOTMV PUBLIG - MINnE£Oi A ------------- ----------------- HENNEPIN COUNTY yy opffmaWn Eapires May 20.1992 That parc of [he Northvest Quar[er of [he Northeas: Quart Section 27, Township 22, Range 23, Dako:a Coun[y, Hlnneso:a described as follovs: Commencing ai a poin: on [he South line of the Nor;hwest Quarter of [he Northeas: Quarcet of Section 27, Township 22, Range 23 thac is 170 fee[ East of the southwest corner chereof, thence Uest 170 fee: along said South line to the Southwest corner of said quarter Quar[er, thence Nor[h along the West line of ? said Quarter Quar[er 570 fee: to a point; thence deflecting to the right at an angle of 134°30'06" a distance of 406.60 fee[ in a Southeasterly direction to a point on a line parallel wi[h ard 285 feet Nor:h of the South line of said Quarter Quarter; thence deflecting to [he right at an angle of 68°19'S5" in a SoutFivesterly direction 309.23 feet, more or less, to the point of beginning. Containing approximately 2.45 acres. EXHIBIT A of June 4, 1987 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: The parts of the Northwest Quarter of the Northeast Quarter of Section 27, Township 22, Range 23, Dako[a County, Minnesota des- ignated as Pond LP-43 and the parcel described as follows: Commencing at a point on the South line of the Northwest Quarter of the Northeast Quarter of Section 27, Township 22, Raqge 23 that is 170 feet East of the Southwest corner thereof, thence West 170 feet alon,a said South line to the Southwest corner of said Quarter Quarter, thence North along the West line of said Quarter Quarter 570 feet to a point; thence deflecting to the right at an angle of 134°30'06" a distance of 406.60 feet in a Southeasterly direction to a point on a line parallel with and 285 feet North of the South line of said Quarter Quarter; thence deflecting to the right at an angle of 68°19'S5" in a Southwesterly direction 309.23 feet, more or less, [o the point of beginning, said parcel containing approximately 2.45 acres. Gentlemen: This letter certifies that I am the owner in fee of the above described premises and tha[ the same are free from any liens or encumbrances. Yours very truly, .? ? nt.hoxry""'po ni ? HAUGE, EIDE & KELLER, P.A. ? lqttorneys at d.;aw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 ` 1260 YANKEE DOOllLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 June 5, 1987 Eugene VanOverbeke Eagan City Clerk 3830 Pilot Knob Road Eagan, MN 55121 RE: Caponi vs. City of Eagan Dear Gene: PAUIH.HAVGE KEVIN W. EIOE DAVID G. KELLER LORI M. BELLIN DEBRA E. SGHMIDT e-a ? r .- ,?? On June 4, 1987, we held a closing with the Caponis, including their attorney, Tom Rooney, at our office. The following generally was the result of the closing: 1. It is my understanding that you will send out a#1099 form covering the total interest amount for what the City is being charged. 2. We received a letter from Mr. Caponi indicating that the property is free and clear of all liens and encumbrances. There was no abstract prepared because of an adverse condemnation action and no complete title check was made of the property. 3. Enclosed is a copy dated May 28, 1987 from the Dakota County Assessor's office, indicating that all green acre taxes are being shifted from the peninsula to the balance of the 40 acre parcel owned by Mr. Caponi. It is my understanding that there will be real estate taxes for 1987 on the peninsula that is being deeded to the City but that Mr. Caponi has paid the first half and will pay the second half so that there should be no further implications for the City in that respect. 4. The Warranty Deed covering the peninsula, will be recorded by our office. 5. A Final Certificate in Condemnation will be filed with the Dakota County Recorder's office in order to indicate that the approximately 2.45 acre peninsula has been transferred over to the City, which will also be signed by Judge Breunig. Eugene VanOverbeke June 5, 1987 Page 2 6. We will file an easement covering the pond area. 7. We will acquire a signature from Judge Breunig covering the Stipulation and Agreement for Final Settlement which substitutes 551.15 feet for 853.25 feet, which will be filed with the Clerk of District Court. 8. Enclosed is a copy of a letter dated June 4, 1987 from Kevin Eide to the Caponis regarding the future meets and bounds description of the property. 9. A check in the sum of $94,563.74 was delivered to the Caponis. 10. There were certain exhibits regarding the trial of the action that were given to Mr. Rooney and he will send a letter receipting for all the exhibits that were taken. I believe this basically covers the transaction and if you have any questions, certainly let us know. y yours, EIDE & KEIeJ,ER, P.A. H. Hauge PHH:ras cc: Tom Rooney Tom Colbert DA KOTA COUNT Y May 28, 1987 DAKOTA COUNTY GOVERNMENTCENTER SEYMOUF B. OLSON ASSESSOR I6121 437-0200 1560HWV.55 HASTINGS, MINNESOTA55033 Mr. Thomas Rooney Attorney at Law Suite 660 One Capitol Center Plaza 386 Wabasha Street 5t. Paul, MN 55102 RE: GREEN ACRE DEFERMENT -- I.O. 10-02700-010-02 CAPONI/CITV OF EAGAN Dear Mr. Rooney: This is to confirm our conversation of this morning, waiving the green acre deferred tax on the 2.45 acres of the above listed parcel, which was acquired by the City of Eagan, pursuant to a court decision. My understanding of the situation, is that the City of Eagan acquired title to the 2.45 acres for a ponding area, and the the title change actually took place as of 1-1-79. Due to the complexity of the calculations needed to add the deferred tax for 1977, 1978 and 1979 and thereafter, and then abating the city's portion to exempt, we have decided this waiver is the most feasible method to follow. This waiver pertains only to the base tax, and the special assessment deferral must be worked out with the City of Eagan. According to our discussion, the special assessment matter has already been settled between the parties involved. If there are any questions, please let me know. Sincerely, Gloria Pinke Administrative Assistant cc:` Paul Hauge P. Engstrom, Co. Auditor's Office K. Malvey, Asst. Co. Attorney AN E9UAL OVPORTUNITY EMFLOVER oll RESOLUTION OF THE CTTY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on or about October 18, 1994, the City of Eagan assessed land idenrified by Property Identification Numbers 10-02200-010-80 (hereinafter "O 10-80"); 10-02200-010- 84 (hereinafter "O 10-84"); and 10-02700-011-02 (heteinafter "010-02"), for various public improvements identified below: 010-80 water trunk charges $10,279.98 water service $ 1,420.68 street and storm $15.114.00 TOTAL: $26,814.66 010-84 water ftunk charges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 tunnel $ 9,224.23 TOTAL: $36,038.89 'Ol l-02 ? water trunk chazges $22,101.95 street and storm $32,495.10 tunnel $ 9.224.23 TOTAL: $63,821.28 VVHEREAS, Anthony Caponi and Cheryl Caponi aze the owners of Pazcels 010-80, O 10- 84 and O 11-02 and brought an action in district court appealing the assessment identified as Dakota County District Court File No. 19-C5-94-9974; and VVHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, BE IT RESOLVED, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. By: Thomas A. Egan 41-11? Its Mayor By: .J. VanOverbeke Its: City Clerk ' STATE OF MINNESOTA COUNTY OF DAKOTA In re assessment for City Project No. l OP607 adopted by the City of Eagan on October 18, 1994 Anthony Caponi and Cheryl Caponi, Appellants, v. City of Eagan, a Minnesota municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. 19-C5-94-9974 STIPULATION, ORDER FOR NDGMENT AND NDGMENT WHEREAS, the Appellants, Anthony Caponi and Cheryl Caponi, are the owners of three properties located on Diffley Road in the City of Eagan, County of Dakota, State of Minnesota with property Identification Numbers 10-02200-010-080 (hereinafter "010-80"); 10-02200-010-84 (hereinafter " 010-84"); and 10-02700-011-02 (hereinafrer "Ol 1-02"); and WHEREAS, in connection with Eagan City Project Number 607, Parcels 010-80, 010-84 and 011-02 were assessed for the following improvements: Parcel Type of Assessment Assessment Amount 010-80 water trunk chazges $10,279.98 water service $ 1,420.68 street and storm $15.114.00 TOTAL: $26,814.66 010-84 water trunk charges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 tunnel $ 9.224.23 TOTAL: $36,038.89 Ol 1-02 water trunk chazges $22,101.95 street and storm $32,495.10 tunnel $ 9.224.23 TOTAL: $63,821.28 Page 2/STIPULATION, ORDER FOR NDGMENT AND JUDGMENT WHEREAS, Appellants brought an action in District Court appealing the assessments for Project 607, the matter entitled In Re Assessment for City Project No. IOP607, Anthony Cuponi and Cheryl Caponi v. Ciry ofEagan, District Court File No. 19-C5-9974; and WHEREAS, the parties have resolved a dispute over assessments to properties 010-80, O 10- 84 and 011-02. NO W, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties do hereby agree as follows: 1. Appellants and Respondent stipulate that the above-entitled matter has been fuIly compromised and settled and therefore it is agreed that the above-entitled matter be dismissed with prejudice and without costs to either party, and the Court Administrator is hereby authorized and directed to dismiss this action with prejudice and without costs of record. 2. The assessments against properties 010-80, 010-84 and 011-02 shall be reassessed as follows: Fx-c Tvpe of Assessment Assessment Amount 010-80 water trunk charges • To be defened until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection chazge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storm $15,114.00 010-84 water trunk chazges • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storm $15,114.00 tunnel $ 9,224.23 Page 3/STIPULATION, ORDER FOR JUDGMENT AND NDGMENT Par e Tyl2e of Assessment Assessment Amount 011-02 water trunk chazges • To be defeaed until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storm $0.00 tunnel $ 9,224.23 3. Appellants hereby waive Notice of Heazing and Hearing on the reassessment and further do waive their right to object to the levying of the assessments as set forth in paragraph 2. 4. Appellants hereby release the City from any and all claims arising out of or relating to the reconstruction of Diffley Road, the acquisition of the easement thereto and the placement of the water line within Diffley Road. 5. The City shall direct the Dakota County Treasurer to recompute Appellants' real estate taxes using the above assessment figures. Dated: 1-2-Antho i Dated: I ' 1. - 019) i'(P ? ? . Cheryl Cap Dated: I - y t . ql CITY OF EAGAN - --W -- By: . . VanOverbeke Its. ity Clerk Page 4/STIPULATION, ORDER FOR NDGMENT AND NDGMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me thisa nd day of JHN. /gq7, 199?, by Anthony Caponi an Cheryl Caponi, husband and wife. Notary Public STATE OF MINNESOTA) )ss. NOT ? ?COUNTY OF DAKOTA ) The foregoing in7strument was acknowledged before me this ??-day of , 199ys, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and City Clerk the Ci of Eagan, a Minnesota municipal corporation, on behalf of the corporation. JUDY M. JENKINS taran Pusuc?i?wesorA DAKOiACOUNTY •,..••%. MyCommissionExpiresJan.37.2000 ?. ta Pub Ac APPROVED AS TO FORM: ??,,- ?- • ,?..-. City Attomey's Office Dated: ? I &'Is-r APPROVED AS TO CONTENT: Aba ? oDrks Depart?ment Dated: /- 2 2 -Cj' Z_ 4b"'IcitV oF eagan THOMASEGAN MoyoF May 9 1996 PATRICIA AWADA , SHAWN HUNTER SANDRA A. MASIN THEODORE WACHiER Councd Members GLORIA MLJRPHY iHOMAS HEDGES TREASURERS-AUDITORS OFFICE CiN Atlminisliator 1590 HIGHVVAY 55 WEST E. J. VAN OVERBEKE Clty Clelk HASTINGS, MN 55033-2392 Re: Parcel N's 10-02200-010-80.10-02200-010-84 & 10-02700-011-02 Dear Gloria: This letter is in response to the phone conversation that you had with Jerry Wobschall on May 8, 1996. The City is requesting that you delete the installments for SA #'s 2558, 2560, 2561 and 2562 on the above-referenced parcels. Completed input sheets are enclosed. ?hese installments were added to the tax statements after the pazcels were declared ineligible for "Green Acres" status. The City is requesting this because the owner desires to take advantage of the State law allowing the reassessment of ail installments over the remaining life of the original assessments. Enclosed are completed input sheets to create new assessments related to those installments. The 5rst installments of the new assessments are to appear on the tax statements starting in 1997. Please issue amended tax statements to the property owner with these changes incorporated. SA #689 is to remain collectibie as that assessment has expired. Thank you for your cooperation and attention to this matter. Sincerely, Gj-41a_ J. VanOverbeke Finance DirectorlCity Clerk Enclosure EN/vmd cc: Linda Fink Deanna Kivi Jerry Wobschall MUNICIPAL CENTER JB30 VIlOT KNOB ROAD THE LONE OAK TREE MAINTENANCE FACIIITY EAGAN. MINNESOiA 55122•1BC7 THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNRV 3501 GOACHMAN POINI EAGAN. MINNESOtA 55122 PHONE: (612) EBl-dApO PHONE: (612) 681 •4300 FA%: (612) 681•4612 Equat OpporTUnlty/Altlimatlve Actlon Employer FAX: (612) 681•4360 TDD:(612) 454-9535 TDD:(612)45d•8535 P, , ?e F. k- oF 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 October 21, 1987 PHYLLIS ENGSTROM DAKOTA COUNTY AUDITORS OFFICE DAKOTA COUNTY GOVT CTR 1560 HIGHWAY 55 HASTINGS MN 55033 Re:_ Pronertv Solit - Caponi Dear Phyllis: BEA BLOM9UISi Mav? 7HOMP,S EGAN JAMES A SMITH VIC ELLISON THEODORE WACHIER CounCll Members THOMAS NEDGES Clty AtlminislrWOr EUGENE VqN OVERBEKE Ctty Cleik Please consider this letter as the City's authorization to allow the split on the above-referenced property for the purpose of recording the document as presented by the Hauge, Eide & Keller, P.A. law firm. Thank you for your assistance; additional information is required. Sincerely, c ??.. E. J. VanOverbeke, CPA Finance Director/City Clerk EJV/kf please contact me if any THE LONE OAK TREE. .. THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN ROONEY BL NEILSON, LTD. ATTORNEI'8 AT LAN' ONE CAFITAL CF.NTRN; YLAZA yU1TE (1tl0 38e NOHTYI N"AF3ASHA STHFF.T ST. F'wVL. MINNESOTA 55102 April 17th, 1987 THONA9J.HIX)NEY WRRY NEiL50Y Kevin Eide Hauge, Eide 6 Keller, P.A. Water View Office Tower, Suite 33 1200 Yankee Doodle Road Eagan, Minnesota 55121 D2ar Kevin: Tia.vewone.: ?tllY. '?24-3961 Tr.?.r.iorr: Wln 297-6124 Re: Caponi vs. Carlson, et al So that this matter may progress to settlement without any further misunder- standing I am setting forth the settlement figures as of May lst, 1987 and outlining proposed settlement terms. If there is any discrepancy in the figures or objection to the terms, please let me know. If you do not obtain the ap- proval of the City of Eagan to the settlement at the April 21st Council meeting, please let me know that. Judgment amount- $47,650.00 36,650.79 Interest 1-1-79 ta 5-I-87 Judgment for costs and attorneys fees $37,313.00 997.74 Interest 12-30-86 to 5-1-87 $122,611.53 Total Credit for cancel- lation of deferred special assessment $24,261.64 Deferred principal and interest payments from 1973 to 1986 3,268.00 Future assessment installments 653.60 Assessment installment certified to be collected with 1987 taxes 348.59 1/3rd of the interest (covering 1-1-87 to 5-1-87) certified to he collected with the 1987 taxes. $28,531.83 Total deduction $94,079.70 Net Payment Tony's proposal for cancelling the assessment on his property simply reduces the City's cash outlay to settle the judgment by $28,531.83; the assessment was on the same 43 acres that was affected by the flooding. Another copy of the assessment infoxma[ion sheet obtained from the Assessors Office is enclosed. Conveyance should be by a certificate of condemnation (to which Tony and his spouse would consent) taking fee title to the parcel described in the judgment and permitting [he City to pond water in Pond LP-43 to an elevation of 853.25. The City should agree to remove the submerged fences and posts. These are a hazard, particularly to any persons who are on [he pond in rubber rafts. Tony will satisfy the outstandiqg judgment and would sign a mutual release of all claims arisiq,a out of [he matter. Yours very truly, ROONEY & Nt:ILSON, LTD. THOMAS J. ROONEY 'fJK/6r Enclosure - Anthony & Yolanda Caponi Property GREEN ACRE DEFERRED 12-19-86 Parcel 10-02700-010-02 - NW; of NE; & W 99Ft of NEo of NEe 27 27 23 SPEC. ASSM. - 1973 - $ 2,169.96 -1974 - 1,699.36 -1975 - 1,699.36 -1976 - 1,699.36 --1977- 1,699.36 -1978 - 1,699.36 1979 - 1,699.36 -1990 - 1,699.36 1981 - 1,699.36 -1982 - 1,699.36 1983 - 1,699.36 -1969 - 1,699.36 -1985 - 1,699.36 -1986 - 1,699.36 $24,261.64 95, .16 ' -? 1987 Inst. of Spec '"AX 2,656.34 2,589.70 2,3'_9.94 7,5,5.98 TOTAL 2,169.96 1,699. 36 1,699.36 1,699.36 1,699.36 1,699.36 1,699.36 1,699.36 1,699.36 1,699.36 1,699.36 4,365.70 4,289.06 4,019.30 31,837.62 Assm. $ 1,699.36 Bal. of Spec. Assm. after. 1937 Tax: $ 3,268.00 FEE: $ 5.00 \ca'\ Tom Rooney Suite 6660 1 Capitol Center 386 Wabasha St. St. Paul, P9N 55102 =h0 ? ?i . Ve / V ? n ? NORMA MARSH DAKCTA COuVTY AUDITOR F7eJn3s, M1Ainn. 55033 By r" ?'? ??? ' P'.iyl is T. Engst om ( ? ******pTRAN5AC7'ION ID: R768 SPECIAL A5SES5MENTS SF'ECIflL ASSESSMENT9 SfArCH SUMMARY PRUF'ERTY I.D. 70DAYS DATE:;?/t9??7 ? '? ?? ? SPEC IAL FLAGS -- "' ' I .?-3-4 -5-b-7 3-9-ZC> 1 v-027pi >-p 1 U-02 T ------------------ S.A.# ASSESSMENT ---------- DESCli. ------------------------ Yr YRS rATE TDTAL ---------- ANN.PRIN. ------------------ PAYOFF COMMENT 100221 SEWER TRh: 72 20 8. 0t1% 13072.90 653.60 3268.00 SUMMARY QF ACTIVE 13072.00 65:=.60 3263.09 C.OMM *?ft++* THIS YEAR'S TQT Fc@I 967.34 E ?°? $s ? pn \ `y Ro MQ?? Spyti ?ao . .. A ? ,??a? Press ENTER (Comments), FI or F2 (Heasiar Form) or F7 (Restart R769) ? #***#*oTRAhiSAC7"I£]N ID: Ri6?? SF•ECIAL ASSE85MENTS ? SF'ECZAL AS5E'SSMENi'S SEA(iC:H SUMMFIliY F'rtJPEF.'TY I.D. Tt1DHY5 AaTE: 05/19/07 . ---SF'EC.1'AL rLAGS---- i -2-'_•-4-5-b-7-8-9-i i r 1 n_p 2i 00-O.i t i-02 T -------------------------------'_____=-----_------------------------------------ S. ra. # faSSESSI`1ENT nESCR. Y!i YRS li1T` TQTf4L. ANN. F'PIhl. PAYOF'F COMMER7T 10022I SEWFR Ti•.f:: 72 20 8.00'l. 13072.00 . 65=.60 0268.0i.r SI.1MMAiiY OF AL:'TZVE 13072.00 653.60 :=268.00 COMM a±r?r?kr? 7"HZS YEAR'S 7"07 I',gI 967.34 • ?? a2\ ?y° k? ^?, ??rr x.: ., Fre:as EIVTF_R (C'ommer+ts), F7 0r F2 (Header Form) or F7 (Restart R763? HAUGE, EIDE & KELLER, P. A. . ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODIE ROAD EAGAN. MINNESOTA 55123 PAUL H. HAl1GE KEYIN W. EIDE DAVID G. KEILER LORI M. BELLIN DEBRA E. SCHMIDT April 20, 1987 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Caponi vs. The City of Eagan Dear Mr. Hedges: AqEA CODE 612 TELEPMONE456-9000 454-4226 As an addendum to my letter regarding Anthony Caponi vs. The City of Eagan, a claim for contribution could be considered against Robert Tilsen, Arnold Carlson and/or aoonestro, Rosene and Anderlik for their actions in causing damage to the plaintiff. In this regard, Judge Bruenig found that each of the defendants was one quarter responsible for the damages to Mr. Caponi and there is some factual basis for dividing the amount of damages on this basis. However, Judge Bruenig in his final order stated, "the existence of an eminent domain proceeding precludes responsibility of private parties for any amount of the award." It is my opinion that, due to the specific finding of Judge Bruenig and due to the fact that the City continues to benefit from the water drainage easement acquired, the Court would not grant the City a judgment fot contribution to Mr. Caponi's award from these other defendants. However, it is clear that the City's engineering firm erred in setting the elevation of the storm water inflow pipe and perhaps some type of contribution could be negotiated with the firm of Boonestro, Rosene and Anderlik. The Boonestro firm has paid some amount in settlement of this case which was eventually deducted from the amount owing by the City of Eagan. Very truly yours, HAUGE, EIDE & KELLER, P.A. Kevin W. Eide KWE:jjm STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, vs. Plaintiff, pAKUTP.':;OL hJ? , 61!;Jfd Yll 8.a F JAN 2 1987 RO?R 17. SR???ca, I,??n{ 1•. f ? ?. .?DEPIITY ?? 1 ? ) ? Arnold Carlson, City of Eagan, ) a biinnesota corporation, et al, ) 1 Defendants. ) IP1 DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. 87177 O R D E R A N D J U D G M E N T Aearing on motions of Plaintiff and Defendant City of Eagan for an order resolving the conflict between the parties came on before the undersigned at the courthouse, City of Hastinas, Dakota County, biinnesota on the llth day of December 1986. Appearances were as follows: Thomas J. Rooney for Plaintiff Kevin Eide for the City of Eagan E.C. Meisinger, Jr., for Arnold Carlson, Fred Fredrickson and Fred Fredrickson Excavating Company. The Court, having considered the arauments of counsel, the memoranda submitted, the mandate by the Court of Appeals, State of Minnesota, all records of proceedings in this matter and being fully advised, vacated. ORDERS: 1. The Judgment of this Court entered on January 6, 1986 2. Plaintiff shall have Judgment aaainst Defendant City of Eaqan in the amount oE $47,650.00, together with interest at the statutory rate for eminent domain awards from January 1, 1979. 3. Plaintiff shall have judgment against Defendant City of Eagan in the amount of $37,313.00 for attorney's fee,s and costs. 4. Plaintiff shall execute the necessary documents to convey to the City of Eagan absolute title to the parcel of land described in. Exhibit A attached and a ponding easement permitting the City to pond water in the pond known as LP43 to an elevation of 353.25. 5. With respect to matters not here mentioned, the motions are denied. JUDGMEP7T SHALL ENT°R ACCORDINGLY. DATED: December 30, 1986 30-day stay entered. I here6y certify that the foregoing Ro e r t Bre nig Order shall constitute Che 7udgment Ju 4e of this Court. ROGER W. SAMES, COURT ADMINISTRATOR gy Chiei Deputy bIEMORANDUM Date: February 4th 1987 (Seal) The Appeals Court by its finding that there was a taking within the meaning of the laws of eminent domain directs this Court to enter judgment in the amount of the award aqainst the City subject, however, to a reduction for sums paid to avoid double recovery by Plaintiff. The existence of an eminent domain proceeding precludes responsibility of private parties for any amount of the award. The award of attorney's fees and costs is reduced by thirty percent which reduced sum, in the opinion of this Court, represents the reasonable prelitigation expenses necessary to prosecute the mandamus action. R J B. -2- ' HAUGE, EIDr, & IIELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER, SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55123 PAUL H. HAUGE AREn CODE 612 KEYIN W.EIDE TELEPMONE 456-9000 DAVIOG.KELLER APrll 20, 1987 454•4224 LOFI M. BELLIN DEBRA E. SCMMIDT Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Anthony Caponi vs. The City of Eagan Dear Mr. Hedges: I have reviewed your memorandum of March 23, 1987 and the attached letters from Tom Rooney dated February 24, 1987 and April 17, 1987. The principal amount on the judgment and attorney's fees and costs indicated by Mr. Rooney in his letter are accurate. I have discussed the applicable statutory interest rates with the clerk of court and it appears that Mr. Rooney has applied the appropriate rates. Mr. Rooney's use of 88 interest on the attorney's fees and costs is appropriate, and the amount owing as of May 1, 1987 for the fees and costs would be $38,300.74. The total amount owing as of May 1, 1987 is $122,611.53. The proposal that has been made by Mr. Caponi would seem to be in the best interests of the City of Eagan. Mr. Caponi apparently wants to avoid having to declare interest on his tax returns. I see no adverse effect on the City of Eagan and this may well help the City's cash flow position as opposed to paying the full amount of the judgment at this time. Tom Colbert and Gene VanOverbeke should also review this to determine whether there are any adverse effects from the off-setting oE assessments against the judgment. An issue remaining on this case would be the calculation of our attorney's fees and engineering fees attributable to and incurred during the defense on the civil claim (as opposed to the eminent domain proceeding) and the making of a claim against the City's insurance carrier for this amount. As you know, the Minnesota Court of Appeals reversed the trial court and determined that the City should have been liable in eminent domain and, therefore, the City should not have been required to defend on civil proceeding. It was required to defend on civil proceeding, even after making motions to be released, and therefore, a claim against the insurance carrier would seem to be appropriate. The estimated amount of our attorney Mr. Thomas Hedges April 21, 1987 Page Two fees for the period after the eminent domain trial and 6efore the appeal would be $5,226.88. This does not include our fees prior to the eminent domain proceeding or our fees with the commencement of the appeal which would be attributable in part to the civil proceeding and, in part, to the eminent domain proceeding. Mr. Caponi has asked the City to remove the submerged fences and posts which are a hazard to persons using the pond for swimming or using floatation devices. This fence was constructed prior to the destruction of the natural drainage ditch from the Caponi lake and is now completely submerged except along the edges of the lake where the fence rises out of the water and continues along the edge of Mr. Caponi's property. I would recommend that the issue of whether the City of Eagan could be liable for injury to a person as a result of the existence of this fence be turned over to the City's insurance carrier. It would seem appropriate to make a decision as to whether the City would assume responsibility for the removal of this fence after a response is received. I also wish to advise you or remind you that the City is to receive a drainage easement for the ponding area and a Warranty Deed for the property severed from the Caponi parcel by the increase in water elevation. This severed parcel (referred to in the litigation as the peninsula) is shown on the attached drawing. Perhaps Ken Vraa should review this to determine whether anything could be done with this parcel relating to park usage. I have attached copies of Judge Bruenig's final order, dated December 30, 1986 for your assistance. Very truly yours, HAUGE, EI;?DE & KELLER, P.A. evin W. Eide KWE:jjm Enclosures ROONEY & NEILSON. LTD. wTTnRNEY3 AT LAW ONE CA['ITAL CENTR F. PLAZA 5 V tTE 800 38E NORTti WAFlnCHA STREET ST. Pnvi., h1[xxesorw 55102 THO\fA9].ROOYEY FebnlBTy 24, 1987 TF.I.v.vnovci1014122?3381 LAKRT rEIISOV Tr.cccoen W13- 997-6141 Tony Caponi 1215 E. Diffley Road Eagan, Minneso[a 55122 Re: City of Eagan vs. Caponi, et al Dear Tony: I am enclosing a copy of the letter I received from Harold Sheff regarding Judge Breunig's decision. The judgment amount of $47,650 is subject to interest of 74.50% to January 1, 1987. This interest totals $35,499.25. For 1987 the interest rate is 8Y.. Interest from .Ianudry l, 1987 on the judgment amount is $584.85; the per diem rate is $10.44 per day. ? The judgment for 707 of the. attorney's fees and costs is $37,313.00 and is subject to interest from December 30, 1986, the judgment date, at the S% rate interest is $8.18 per day. My settlement discussions you have with Tom Hedges should include payment of interest to the date payment is made. The amount foregone by not appealing (assuming the appeal would be suc- cessful) is $8,250 in principal and (as of today) $6,247.51 in interest. Interest would continue to run on the principal amount and on the amount of attorney's fees pending appeal. You have the right to appeal so long as the appeal is taken, "within 90 days of the entry of the Judgment". The enclosed notice from the Clerk dated [he 4th of February constitutes the entry of the Judgment. The last day on w-ich a Notice of; Appeal may be filed is May 5, 1987. The computation of amounts is summarized below: Principal amount of Judgment $ 47,650.00 Intezest 74.25% (1/1/79 to 1/1/87) 35,499.25 $83,149.25 8% interest on $47,650 = 3,812.00 divided by 365 = $10.44 x 56 = 584.64 thru 2/25/87 584.85 ($10.44 per diem) $53,614.97 Mr. Tony Caponi -2- $37,313.00 x 8% _ $2,985.04 divided by 365 =$8.18 x 57 = 466.13 ($8.18 per diem) $37,313.00 February 24, 1987 Total $121,513.26 Our bill for legal fees and the cos[s that we have advanced is also enclosed. Yours very truly, ROONEY 6 NEILSON, LTD. TAOHAS J. ROONEY \ ? TJR/br k Enclosures MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MAY 19, 1987 SUBJECT: FUNDING SOURCES - CAPONI SETTLEMENT As 2 understand it, the total amount due Mr. Caponi as of May 1, 1987, was $122,611.53. As part of the settlement he is proposing that the City pay $94,079.70 in cash and give him an assessment credit of $28,531.831 I do not believe the credit is correct; however, and since we are past May 1, 1987, more interest is due. I would suggest that payment could be made from the following sources: 1. Through the general fund. It could be special levied as a judgment. C2 ) Through the Storm Sewer Trunk Fund which would in effect raise the rates on the balance of the undeveloped property to complete the construction of the total system. 5???1yb 3. From the special assessment fund which paid for and collected the related assessments for the original con- struction. That is Fund 50, the consolidated debt service bond fund. The assessment was for a sanitary sewer trunk. I would suggest that the Storm Sewer Trunk Fund is the best alternative and that both the payment to Caponi and the credit against assessments be paid by the trunk fund. Related issues that need to be resolved include: 1. The property has green acres status as of today; conse- quently, no special consideration should be given for the 1987 interest. You will note that the credit being proposed includes only 1/3 of this interest. The deduc- tion should therefore be increased by $697.17. See the April 17, 1986, letter from Thomas J. Rooney to Kevin Eide. 2. If the City is taking title to some of this property, we need assurance that the ad valorem taxes for the current year and the previous three years, because of the green acres status, are paid. That should not be a City obligation and we will not be able to record ownership until it is cleared up. - 3. I will be sending Mr. Caponi a 1099 form to record with the IRS the total interest amount for which the City is being charged. That will not allow him to avoid the tax ? i STAFF MEMO MAY 19, 1987 PAGE TWO payment on his tax returns as noted in Kevin's letter of April 20, 1987. Please let me know if any additional information is required. I have attached in chronological order copies of the information i reviewed. ` , V Finance 'rector City Clerk cc: Tom Colbert, Director of Public Works EJV/kf PHONE 454-9100 CITY OF EAGAN 378E PILOT KNOB ROAD EAGAN. MINNESOTA eaiaz June 10, 1980 Mr. Anthony Caponi 1215 Co. Road #30 Eagan, MN 55123 RE: Parcel 1f 10 02700. 010 02 Dear Mr. Caponi: This letter is to confirm that the storm sewer trunk assessment for which you received a statement was sent to you in error. Please disregard the statement since you received neither a notice of public hearing nor a notice of an assessment hearing. you. I am sorry for any inconvenience this statement may have caused Sincerely,/4 / SPECIAL ASSESSMENT DEPARTMENT Ann Goers Assessment Clerk sec io/9/aa A. PROJECT 411. PATRICK EAGAN TRUNK STORM SEWER 2. Anthony Caponi (10-02200-010-80 & 84) 3. Thomas Rooney (10-02200-012-86) 4. Thomas Bergin (10-02200-011-85) BACKGROUND INFORMATION Project 411 provided for the installation of a trunk storm sewer outlet to Patrick Eagan Park (SP-9) along with other ponds within the old Windcrest Addition (p.r/oposed Sirch Park Addition) as indicated on the map enclosed on page ?/ . The ponds west of Pa[rick Eagan Park, south of Deerwood Drive and north iof Hilltop Estates are located within the major drainage district serviced by this trunk storm sewer outlet of Patrick Eagan Park. However, there interconnection to Patrick Eagan Park is proposed to be performed under a future project. Enclosed on page 'L 5? is an area map showing the assessment boundaries and [he relationship of the appellants to Patrick Eagan Park. Enclosed on page Zq is a[opographic map showing [he relationship of those parcels to Pa[rick Eagan Park pond (JP-9) and [he pond to the southwest (SP-8). Enclosed on page 3t) is a map showing the drainage district that will ultimately be serviced by the outle[ to Patrick Eagan Park pond. Enclosed on page??l is the written objections submitted by Mr. Bergin. EncLosed on pages- 3 Z. through_,J.?r is a copy of the formal complaint filed with District Court by Mr. Rooney. Enclosed on pages3lethrough3?_ is a copy of the formal complaint filed with District Court by Mr. Caponi. Their major objection is based on the fact that their property does not directly drain into Patrick Eagan Park pond (JP-9) bu[ rather into the pond to the southwest (JP-8) which is not having any storm sewer improvements installed at this time. STAFF RECOMMENDATION While the objectioners are correct that their property does not drain directly into Patrick Eagan Park pond, they are located within the general drainage district area serviced by the outlet for Patrick Eagan pond. Due to the fact that the future cost of interconnecting these two ponds would be quite small in relationship to the assessment revenue generated from these large parcels of property within the drainage divide, the City could be place in a position of assessing an amount greater than the actual cost of the project. This is due to the fact that we traditionally do not go back and include the cost of previous projects downstream in determining the assessment revenue. Once this interconnection is prov?ded, these properties wi11 be benefited by the storm sewer outlet to Patrick Eagan Park due to the fact that their water will drain through the scorm sewer system. Consequently, the staff has two recommendations for consideration: 1. Delete [he parcels south of the designated drainage divide from assessments under Project 411 subject to an agreement whereby they wi11 not object to the trunk area storm sewer assessments at a la[er date when pond JP-8 is connected to Patrick Eagan Pond. 2- S A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER (con[inued) 2. Expand the scope of Project 411 to ins[all the storm sewer connection from JP-8 to JP-9 to protect the integrity of the assessments associated with the costs for installing the trunk storm sewer outlet from Patrick Eagan Pond. COMMITTEE RECOMMENDATION/COMMENTS z4 II L ,i j ' t-- ?T? JP-I I 9 E ---i a (r ' • L? t_ .?._. ? ? , ? 0 R T H ? i._. . ._.__._. _ . _ . . . _ . _ _ . ... . . _. _ „ _. __. . . . . . . _._..__. 0 .. . 1000 2000 SCALE IN FEET 80NESTR00, ROSENE, ANDERIIK PATRICK EAGAN PARK / 8 ASSOC1ATES, INC. BIRCH PARK ADDITION Consulting Enpineers St. Peul, Minn. STORM SEWER LAYOUT Date: JUNE, 1984 pROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, 8? 49 Comm.4931 1 N0.411 7 y I L_ ; FI?S X. LIFT STA. 14 JP-47 . F ?• i , / , \ • f-- ----._ ? ? ` ' , ?I i . ; .., . _... _._-- ? ?' = . ? j - - - ---- ciTY - `,1 JP-II ?__ . ... --- -- `-? ` ' _'-_` '-1 _?sK ?F ?NO. _? • '? I .' ;.J 2:: P-49 ? T- ? ?- H f ? SINGLE FAMILY RATE PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA N 0 R T H 0 1000 2000 SCALE tN FEET BONESTROO, ROSENE, ANDERIIK & ASSOCIATES, INC. Consulting Englneers St. Paul, Minn. Date: JUNE, 1984 PROJECT Comm.49311 N0.411 2A -7 LEGEND F Zq g i??f u /? FO%i ':C 17 i ?( \?I ?'...`I• r?l? l?.( ?I . ` -- E D-2Q1 _, E I 1 /?C ¢ GAM PIOG / ? /? i ? D-18 . ? cccd \.o /oa 1 II' ? .? arvxc E 4ii Ra .. C 8 suRRev bir ni??v.? I ? ? ?-? ? • _? ?? ? I7?., ? 15 „N wesco ?-io ti 9 Ts I?o?o wESCort ? D'19 D'23? D-25 ?16 _I? ?1 C GARDEN II _CT: C 9?/ /?% ? I-ir?-J Y ,, ?!" ? = °L.y? `'?- D-26 1 ?f Q ?A 27 __ .??9/ ?/` i J. T7 LI 1- 149 \ II . ?-??7 J-I J-12 1 -13 seri j ?` -24 ?,? ?. ? J-I7 39 t}URH6 -s4 \ 1 / ?I? i .? ? d 14? J-22 ??..t:..- BLACKHAWK J=10 PARK `2fl.- ? ? 1 JW DR;`? J 62\ f I I J -J 63i/ ? -21 ? ` ?[, /??? ? ^ -?v ?? `?;2? ? ?-????1. .l?ii:??;!?? I \ ? B 2.; ? ,-? ._ ? ? / . ? •.. / ?/ J-32 ? ' i .-. . .... f 1 . l9 JA-- ',A 1? ;;::.; 'J,? 54-1_ $-4 y?? e 3 ?i-- .. .?``? ,tY??.?.?..."• ,-? ( ,231 - --?'f ??? i .?. ..• ?---?/C+n\?I J `L ? .... ::?.} ••...??i:tii{:;i:}ii: \ V ' ? I ?.?? ;_ur?oa?e 8-34 1. . lj?:, .? ?:4:{ •:•,'?• v:y4: ? I r _ k=21:;??/ ?? .C..t';':?::?,;;::'• : . ,?.. ? J-67!? _ nI J 4E ?;. - 6 • . ?.,, B 35?"j' \? ???•?., ?1??? 4 ?J-49 ? ??j 1 ? ?? Lc 4 ?'? p I? ? s?'` J 55 ? g 37 L_7 J ?50 7ii J' 65' '' ?- " ? ?•? ??8=26 ? B_7 J ? 13-25 J-61 / ? h ? / 3 ??II ? ,??' P! , • ?c? --?? ? ? -13 +? aowca uri irr ? ea s xr ' 1?I L ? ? ti ? _ • ? _N+ .. '13? . ?. .. w?. , _ . _ _?- L-21-? L-24? ? .???3 o LII t. , ?'?p.? 7" '?:•?? 14 ,??"tl? USSEN , i ' ??Ci? ?B 2?1? -?Z` H ',. ? 1Y clk?=.? !', ? -a?C,.?; \B-22 r l t . ?;? , (y? 9 L-59 8-I8 L-36 \ Dnno ?? L-58 y-r?A ? ? Zil? ? -+??--L-62 ?PARK L_43 I ? 1 L-41 L- L 38 - J` ?/ . u \ ExCE iION \`- ? LNQrdT??OE L-63 49?L_'?` .,?p uI PaA? ; ? % 'Ls%?7I ?L-a? ?-l --- _ _---.------?_-__ 3 / ,Y11 __ ---- s?- --- -- s -•----- -- --- - ---?l7?-? _ _ 3a__53 ? - ---- ----- -- - ? -? _._____._ _ ? __ _ STATE OF PSZNN$SOTA COUNTY OF DAKOTA ------------------ Thomas J. Rooney, -vs- City of Eagan, DISTRICT COURT FIRST NDICIAL DISTRICT FILE N0. Plaintiff, Defendant. Plaintiff, for his claim againat the defendant, atates and alleges as follows: I. That the plaintifE is the owner of a parcel of land located in the West One Quarter of the Southeast Quarter of Section 22, consisting of approximately 11 acres, and identified as parcel t1012-86 on page 8 of, Exhibit 1 which is attached hereto and cnade a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. II?. That the motion adopting the report did not specify whe[her or not St included the adoption of the assessment roll cantained in the report; although the Mayor alluded to a future assessment hearing. IV. That the plaintiff protested the assessment at the hearing on ,3 3 July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily asseases the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue Erom the assessments of $343,289, thereby assessing said project at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarte[ of Section 22 deacribed in Exhibit 1 as 1P-7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of Section 22. That Hilltop Estatea and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for'Project 411 beyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other area apecially benefited by Che proposed iiaprovements contained in Project No. 411 be included in tlie area to be assessed for Project No. 411. Jy 4. For such other, furcher and diCferent relief as to the Court may seem just. S NEILSON, LTD. BY Attorneys ProSe 1170 Northern Federal Dldg. St. Paul, Minnesota 55102 (612) 224-3361 , js? ? ? - --- --._- ------ ----- -__ __ ? __ ---- - -- ----.--- ?- ---. -- ?4-u _ ?-?- ..5?'? ??s?L? ?. ? ?^ ?/s ZZ . .-- 'l0 GC?2C? - -- -- -- - -- - ?? ? l --- - _ _ .'__?_. ._?? . --- -- --- --_ ? - -- - - --__c? - --- -- ? ? _---- ---- --- ---- --- - __!??? t'F.--c?l. _- ------- --- --- -- ? ------ - --- --- - 310 5 --- -- - - ------ -- --- , ----------------_______' ;'o?.?__=-_?}?? ?-! 5? ? ------- -- STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT FILE N0. Anthony Caponi, Plaintiff, vs . COMPLAINT City of Eagan, Defendant. Plaintiff, for his claim against the defendant, states and allegea as follows: I. That the plaintiff is the owner of a parcel of land located in the Southeast Quarter of the Southvest Quarter of Southeast Quarter of Section 22 and in the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22 consisting of approximately 20 acres, and identified as parcela 0010-80 and 0010-84 on page 8 of Exhibit 1 which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. III. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future asseasment hearing. 1 37 zv. That the plaintiff piotested the assessment at the hearing on July 17, 1984. V. That aaid assessment unfairly, illegally and arbitrarily asaessea the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhihi[ 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue from the assessments of $343,289, thereby assessing said project. at $102,329 more than its cost. VIII. That among the objectives of the Project Yo. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as JP-7, vhich pond handles atorm water runoff from portions of Hilltop Estates, a platted reaidental area located in the Southwest Quarter of Section 22. That Hilltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. WHE1tEFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be impoaed upon the plaintiff's property by virtue of Project No. 411. 2• Adjudging that no assessment be permitted for Praject 411 heyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other 2 -jO area specially benefited by the proposed improvemente contained in Project No. 411 be included in the atea to be assesaed for Project No. 411. 4. For such other, further and different relief as to the Court may seem juat. ROONEY 6 NEILSON, LTD. BY THOMAS J. R00PY ? Attorneys for Plaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 3 o3? PPRAISAL EPORT -of- 1215 COUNTY ROAD 30 :VEST EAGAN, MINNESOTA -for- CITY OF EAGAN Pz6s V73 C f} P aS fir 1 /o - oziao - 0r0 -py -as of- JUNF, 2$, 1984 RAY CONNEILY REALTY Brokerage and Appraisals 12904 Nicollet Avenue JL Burnsville, MN 55337 19t (612) 890-2130 REALTOR RAY CONNELLY REALTY Brokerage and Appraisals (612) 890-2130 Sune 28, 1989 City of Eagan 3830 Pilot Knob Road Eagan. Minnesota 55121 Re: Anthony Caponi Property (West) 1215 County Road 30 (Project No. 473) Eagan, Minnesota Gentlemen: Pursuant to your request, I have made an appraisal of the above property for the purpose of estimating the Fair Market Value, both before and after City of Eagan's Project No. 473. The property is described in the Identification Section of this report. Fair Market Value is defined as the price the property will bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and seller, each acting prudently, with knowledge and without undue stimulus. The rights of the property appraised are those of fee simple estate only. 12904 Nicollet Avenue • Burnsville, MN 55337 PR City of Eagan June 28, 1989 Page 2 Based upon the information available to me, it is my opinion that the Fair Market Value of the subject property is: Before Project: $122,200 After Project: $142,200 Respectfully submitted, Ray Connelly Certified Real Estate Appraiser LOCATION: The subject property is located at 1215 County Road 30, in the City of Eagan, County of Dakota, State of Minnesota. LEGAL DESCRIPTION: The legal description is as follows: Southeast 1/4 of Southwest 1/4 of Southeast 1/4, Section 22, Township 27, Range 23, Dakota County, Minnesota. PROPBRTY IDENTIFICATION NUMBERs The Property Identification Number is as follows: 10-02200-010-84 DAROTA COUNTY ASSBSSOR'S ESTIMATED MARRET VALUE: The Dakota County Assessor's estimated market value for the subject property is $122,200. REAL ESTATB TAXES The real estate taxes payable in 1989 are $436.22. DESCRIPTION• The subject property is rolling and heavily wooded. Trees have been planted to create a park-like 3 effect. There are sculptures on the land. Improvements to the subject property consist of a single family dwelling. ZONING: Zoning for the subject property is residential. DAT& OF INSPECTION: I inspected the subject property in May, 1989. ASSESSMENT- The undersigned has no knowledge if an environmental assessment has been completed on the subject property. No environmental impact studies were requested or conducted in the completion of this report. The undersigned has no knowledqe of whether the property has been used for storage or disposal of any hazardous substance, or high concentrations of pollutants or contaminants, as defined in 42 U.S.C. Sections 6903. 6921 or in the so-called "Minnesota Super Fund Act" (M.S. Chaper 115B); and the owner has no knowledge or belief that any other person has so used the property. 4 The undersigned has no knowledge of whether or not there is the presence of radon on the subject property. PURPOSE OF THS APPRAISAL: The purpose of this appraisal is to determine the Fair Market Value of the subject property, both before and after City of Eagan Project No. 473. Fair Market Value is defined as the price which the property will bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge and without undue stimulus. Regardless of the exact wording of the definition, Fair Market Value contemplates the consummation of a sale and the passing of full title from seller to buyer by deed, under conditions whereby: 1. Buyer and seller are free of undue stimulus and are motivated by no more than the reactions of typical owners; 2. Both parties are well informed or well 5 advised and act prudently for what he considers his own best interest; 3. A reasonable time is allowed to test the market; and 4. Payment is made in cash or in accordance with financing terms available in the community for the property type in its locale. AREA ANALYSIS: The subject property is located in the City of Eagan, which is located approximately ten miles south of the Minneapolis/Saint Paul downtown area. The 1988 estimated population of the area is 21200,321 and the population is increasing. The Twin Cities are located on the Mississippi River, and the metropolitan area encompasses the Minnesota River. Both Minneapolis and Saint Paul heve major urban renewal projects in progress. The community is served by an excellent trans- portation system which includes 9 railroads, 12 buslines, and major interstate freeway systems. This area is also served by river barge traffic on the Minnesota River. The Army Corp of Engineers maintains a 9 foot channel for this purpose. This 6 excellent system has aided in establishing the area as the largest distribution and wholesale center in the Upper Midwest. The area is also served by an excellent airport which is one of the largest in the nation. There are 6 national airlines, 10 regional and commuter air carriers, 10 air cargo airlines and 20 charter airlines serving this area. The airport is easily accessible due to the extensive freeway system. There are many fine colleges and universities in the area, including the Univeraity of Minnesota which has an enrollment of over 50,000 students. This area is also served by many vocational institutes and community colleges. The communications system serving the area consists of 2 daily newspapers, with many weekly papers serving the various suburbs and surrounding areas. There are approximately 35 radio stations servinq the area with 5 television stations and an extensive cable network. The metropolitan area includes 22 lakes, with many parks which offer a multitude af recreational 7 facilities for the entire family. This area is represented in professional sports by the Minnesota Vikings, Minnesota Twins, North Stars, Monarchs and next year, the Timberwolves. In addition, the area is the cultural center of the Upper Midwest with the Saint Paul Chamber Orchestra, the Minnesota Orchestra, the Walker Art Institute, Minneapolis Institute of Arts, the Tyrone Guthrie Theater (an excellent repertory theater - one of only four resident repertory theaters in the nation), the new Ordway Music Theater, and many other theaters and museums. There are many attractions which directly affect the area surrounding the City of Eagan. The Minnesota Zoological Gardens is located in Apple Valley and covers 480 acres. The zoo's design has set new standards for exhibits, cost in excess of $30 million dollars to build and has approximately 900,000 visitors a year. Valley Fair, a 7-Flags type amusement park located in the Community of Shakopee was opened in 1976 and draws over one million visitors a year. Canterbury Downs, the $67 million dollar horseracing track across the street from Valley Fair, opened in June, 1985. Canterbury 8 had 125 days of racing in 1987 and drew over 1,107,000 visitors. Other attractions in this area include the Minnesota Renaissance Festival, Murphy's Landing and the Chanhassen Dinner Theatre in Chanhassen. All of these attractions has caused a great deal of attention and activity to be focused in the Dakota/Scott counties area. CITY AND COUNTY ANALYSIS: Eagan is situated in northern Dakota County, and in terms of physical size, it is a relatively large community. The city encompasses an area of approx- imately 35 square miles, or 22,440 acres. Eagan is in the second tier of suburbs of the metropolitan area. Eagan's population has increased over 100 percent in the last 10 years. The 1988 estimated popula- tion is 421556. compared to a population of 3,382 in 1960, 10,398 in 1970 and the 1980 population was 20,700. Eagan is the fastest growing suburb in the Twin City area. When Znterstate 35E was opened in 1985 and I-494 in 1986, commercial and residential developers started looking to the Eaqan area. There are many develop- ments of shopping centers, residential and office 9 space being proposed. Only 508 of the available land in Eagan has been developed. Several large companies are located in Eagan. Northwest Airlines has a new 300,000 square foot headquarters with plans to expand, Cray Research plans to build a new facility of 1,200,000 square feet and Wachovia Bank and Trust is building a 94,500 square foot office/warehouse. Other large companies located in Eagan are Unisys, West Publishing, U. S. Postal Service's bulk mail facility, Coca Cola Bottling Corp., Blue Cross Blue Shield of Minnesota and United Parcel Service. Eagan is served by three school districts, Burnsville, Rosemount and West St. Paul. The cirriculum for the three districts includes emphasis on math, science, music, and computer literacy. The Board of Education for the Rosemount School District recently approved the construction of two new schools. The Eagan High School and Dakota Hills Middle School will be constructed at Diffley Road and Lexington Avenue. There has been a tremendous increase in residential building, due to the opening of I-35E which made 10 Eagan accessible to downtown St. Paul and I-494 which permitted easy access to Minneapolis, Richfield and Bloomington. Easy access is also provided to the Minneapolis-St. Paul International Airport using the Cedar Avenue bridge. There is a mayor/council form of government with the administration being handled by a City Administrator. There is adqueate fire and police protection. There are churches of all major denominations, plus amenities to afford the Eagan citizens a comfortable lifestyle. Dakota County is growing rapidly, with an estimated 1988 population of 254,017 compared to the 1980 census of 194,279. Dakota County was the fastest growing metropolitan county with a 24 per cent increase in the seven-year period. Along with the population growth has come the expansion of business and industry to provide the goods, services, and employment necessary to serve the population. HIGHrsST AND BEST USE "Highest and Best Use" is defined as that use which will tend to produce the highest net return, or 11 that use which will tend to produce the highest present value. It is my opinion that the hiqhest and best use of the subject property is the present, or residential, use. APPROACHES TO VALUEs There are three recognized approaches to value; the Sales Comparison, Income, and Cost Approaches. The Cost Approach utilizes estimating the replacement cost now of the improvements deducting for diminished utility of these improvements due to wear and tear and obsolescence, and adding the value of the land. The Income Approach utilizes capitalization of the income stream to obtain an indicated Market Value. The Sales Comparison Approach compares the subject property with similar properties which have recently sold, making adjustments for dissimilarities between the subject and comparable property to obtain an indicated value of the subject property. When reliable sales data is available, this approach is considered very reliable in that it reflects the actions of buyer and seller in the current market place. 12 For purposes of this appraisal, I have used the Cost Approach. COMMENT5 AND CONCLUSZONS: This parcel is located in the midst of a developing community. In all developing communities there must be utilities to serve the public--streets, sewer and water, and facilities to manage runoff from rain (storm sewer systems). The costs for these services must be borne equally by the property owners, since they share equally in the benefits. It is my opinion that the cost of the storm sewer will increase the value of the subject property by at least the amount of the assessment. Having the system in place will increase the marketability. CORRELATION OF VALUE: It is my opinion that the overall value of the subject property is increased by at least the amount of the assessment. Before Value - $122,200 Cost of Assessment - $ 16,552 After Value - rounded to $142,200 13 POPUI,ATION 1980 to 1988 Population Growth Pop. Pop. 8 Incr 8 Incr City Count 1980 1988* 1980-88 Per Yr Apple Valley Dakota 21,818 31.674 45 5.6 Burnsville Dakota 35,674 46,687 30 3.7 Eagan Dakota 20.700 42,556 105 13.1 Farmington Dakota 4,370 5,350 22 2•7 Inver Grove Hts. Dakota 17,171 21,477 25 3.1 Lakeville Dakota 14,790 20,500 38 4.7 Mendota Heights Dakota 7,288 8,680 19 2.4 Rosemount Dakota 5,093 7,420 45 5.6 Dakota County 194,279 254,017 30 3.7 Metro Area 1,985,873 2,200,321 10 1.2 Source: Metropolitan Council, 1980 U. S. Census * Estimated ?NDfiRLYING_ASSUMPTIONS AND CONTINGENT CONDITIONS The property has been considered as though it were free and clear of any indebtedness, liens, or encumbrance; and that the title is good and marketable and competent management is assumed, unless otherwise stated herein. No responsiblity is assumed by the appraiaer for mattera which are leqal in nature. No survey has been made and it is assumed that the improvements are located within the legally described property and that the buildings comply with all ordinances. Any sketches and pictures in this report are included to assist the reader in visualizing the property. I believe to be reliable the information indentified in this report as being furnished to me by others but I assume no responsiblity for its accuracy. Possession of this report, a copy thereof, or any part thereof, does not carry with it the right of publication, nor may it be used for any purpose by anyone but the applicant or by previous written consent of the appraiser and the applicant and in any event, only with property qualifications. The appraiser herein shall not be required to appear in court or before any governmental body by the reason of the completion of this assignment without predetermined arzangements and agreements. The distribution of the total valuation in this report between land and improvements, iP any, applies only under the existing plan of utilization. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or firm with which he is connected. GENERAL LIMITING CONDITIONS 1. The appraiser will not be required to give testimony or appear in court because of having made this appraisal, with reference to the property in question, unless arranagements have been previously made therefor. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 3. The diatribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of this property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 4. No environmental impact studies were either requested or made in conjunction with this appraisal, and the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions based upon any subsequent environmental impact studies, research or investigation. 5. Neither all or any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales or any other media without written consent and approval of the appraiser. Nor shall the appraiser, firm or professional organization of which the appraiser is a member be identified without written consent of the appraiser. 6. Acceptance of and/or uae of this appraisal report constitutes acceptance of the foregoing general assumptions and general limiting conditions. 7. The comparable sales data utilized in the report is compiled from what is believed to be reliable sources, and is believed to be reasonably accurate. The appaiser has made a reasonable effort in securing general condition, finishing and construction quality on each of the comparable sales. This effort may also utilize the appraiser's past experiences of similar properties and may or may not include exterior inspection of each . comparable sale, as deemed necessary by the appraiaer. C SCOPE: This project provides for the construction of trunk storm aewer from Pond JP-6 and Pond JP-9 (McCarthy Lake) to Pond JP-11 (Hurley Lake) as desig- nated in the Comprehensive Storm Sewer Plan. Pond JP-6 is loca[ed in the ex- iating Windcrest Addition which is presently being replated as Birch Yark Ad- dition. Pond JP-9 is located in Patrick Eagan Park. FEASIBILITY AND RECOMMENDATION: This project ia feasible from an engineering standpoin[ and is in accordance with the Comprehensive Storm Sewer Plan for the Ci[y of Eagan. The project as outlined herein can best be carried out as one contract. • DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- i[y etorm sewer from Pond 1P-6 to Pond ,7P-11 and from .TP-9 [o Pond JP-11 ae ehown on the attached drawing. As part of the 1978 Comprehensive Storm Sewer C Plan it was proposed that Pond JP-6 outlet by a pumping facili[y (L.S.-12) to Pond JP-10 which in turn would discharge by a gravity storm sewer to Pond JP-9. Pond ,7p-9 would then outle[ by a pumping facility (L.S.-13) to Pond JP-11. However, since this time the Department of Natural Resources has re- cently established normal water levels for Pond JP-6 and Pond JP-9 a[ 818.7 which ie considerably higher [han proposed'in the Comprehensive Storm $ewer Plan. As a result, it now becomes feasible to outlet Pond JP-6 and Pond JP-9 to Pond JP-11 by gravi[y etarm sewer thus eliminating two_pumping facilities. As part of the 1984 Comprehensive Storm•Sewer Plnn Update a computer analysis was done to evaluate the effect of raising the normal `water levels of these ponds and ite effect on the high water level based on a 100 year s[orm. As part of thia analysis, the high water level for Pond JP-b, 8, 9, 10, 11 and 49 was determined to be 830.00. It was also assumed Pond JP-7 would discharge directly into pond JP-8 [hus by-passing Pond ,TP-38 as shown on the at[ached Page 1. 1560c ' ? s[orm sever layout drawing. It is anticipated that an outlet for Pond JP-38 will not be required for some time since it will never incur any additional runoff except tha[ which is directly tributary to it. Therefore, the impact of a high water level of 830.00 for the area north of Hilltop Estatea is not eignificant and can be incorporated into the design of future pla[s. In sum- mary, construction costs for the proposed gravity system are nearly equal to providing [wo pumping sta[ions with a force main, as a result, a considerable cos[ eaving to the City can be realized in long term operation and maintenance. Cons[ruction propoaed herein includes a gravity storm sewer 15 inch and 18 inch in diameter as shown on the ateached draving. It is proposed that grav- i[y storm sever from Pond JP-6 to Pond JP-11 parallel [he Wescott Trunk Sani- tary Seaer being constructed as part of City Contract 84-2. Trunk storm aewer ? from Pond JP-10 to Pond JP-9 ia propoaed to be constructed within the right- of-way of a future street of Parcel 011-04 which wi11 ultimately connec[ to Weatbury Addi[ion. It is not proposed to construct an outlet pipe from Pond JP-10 at this time since it does not incur any addi[ional runoff from existing or propoaed future developments. EASEMENTS: It is proposed the gravity s[orm sewer be constructed wi[hin the exiating easement acquired across Parcel 011-04 ae part of the Wescott TrunK.. Sanitary Sewer, City Contrac[ 84-2. It is proposed an additional easement be acquired for atorm sewer constructed southerly from Pond ,7P-10 to Pond .IP-9. Page 2. 1560c ? AREA TO BE INCLUDED: . CONSTRUCTION AREA ASSESSMENT AREA NE 1/4, SECTION 22 NE 1/4, SECTION 22 Parcel 011-04 Parcel 010-02 Parcel 012-04 parcel 011-04 NW 1/4, SECTION 22 WINDCREST ADDITION Parcel 012-26 Ou[lot B, C parcel 013-26 WINDCAEST 2ND ADDITION Parcel 014-26 Outlot E Parcel 010-27 Parcel 020-27 Parcel 030-27 Parcel 040-27 SE 1/4, SECTION 22 Parcel 013-75 Parcel 014-75 Parcel 011-75 C Parcel 020-75 ? Parcel 012-76 Parcel 011-76 Parcel 031-76 Parcel 010-77 Parcel 010-80 - Parcel 010-84 Parcel 012-86 Parcel 011-85 Parcel 011-86 SKOVDALE Lot 1-7 SKOVDALE N0. 2 Lot 1-5 WSNDCREST ADDITION Outlot B, C WINDCREST 2ND ADDITION ? Outlot A, B, C, D, E, F W. SCHMIDT ADDITION Lot 1 6 2, Blk. 1 , Page 3. 1560c C COST ESTIMATES: Detailed cost estimates are presen[ed in Appendix A located at the back of this report. The total estimated project cost is $240,960 which includes contingencies and all related overhead. Overhead costs are es- timated at 27:G and include legal, engineering, administration and bond ineer- est. ASSESSMENTS: Assessments are proposed to be levied against the benefitted property. A preliminary assessment roll is included at the back of thia re- port. Storm sewer proposed herein is considered trunk. It is therefore proposed to asaess [runk area storm sewer to [hose parcels shown on the a[Cached draw- ing. Trunk area assessment rates in effect at [he time of this report are as followa: ? Trunk Storm Sever - Single Family $0.045/sq.ft. f REVENUE: Revenue sources to cover the cost of this project are as follows: Project Trunk Cost Revenue Fund Balance Trunk $240,960 Trunk Area Aasessmenta $343,289 $240,960 $343,289 +$102,329 It is an[icipated a surplus of $102;329 will result in the trunk s[orm aewer fund, 1560c Page 4. PROJEC'T SCHEDULE Presen[ Feasibility Repor[ June 19, 1984 Public Hearing July 17, 1984 Approve Plans and Specifications July 17, 1984 Open Bids August 3, 1984 Award Contract August 7, 1984 Construc[ion Completion Pall, 1984 Final Assessment Hearing Spring, 1985 Firs[ Payment Due vith Taxes Spring, 1986 1560c Page 5., C APPENDIX A PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PROJECT N0. 411 1,450 Lin.ft. 18" RCY Storm aewer @$40.00/lin.ft. $ 58,000 2,490 Lin.ft, 15" RCP Seorm sever @$25.00/lin.ft. 62,250 13 Each Std. 4' dia. MH w/casting @$1,100.00/each 14,300 160 Lin.ft. MH depth grea[er than 8' dp. @$90.00/lin,ft. 14,400 1 Each 18" RCP F.E. w/trash guard @$700.D0/each 700 ' 4 Each 15" RCP F.E. w/[rash guard @$600.00/each 2,400 40 Cu.yda, Rock rip rap @$80.00/cu.yd, 3,200 600 Cu.yds. Rock stabilization below pipe @$10.00/cu.yd. 6,000 (. LUMP SUM Clear 6 grub trees @$3,000.00/L.S. 3,000 3,940 Lin.ft. Mechanical trench compaction @$0.94/lin.ft, 3,690 8.5 Acre 5eed w/fer[ilizer S mulch 0 $1,500.00/acre 12,750 Tota1 $180,690 +5% Contingencies 9,040 $189,730 +27X Legal, Engrnp,., Admin. 6 Bond Intereat 51,230 TOTAL ........................................... $240,960 ? 1560c Page 6. \ REPORT ON PATRICK EAGAN PARK / BIRCH PARK ADDITlON TRUNK STORivi SEWER OUTLET PROJECT N0.411 ? p EAGAN, MINNESOTA F1LE NQ.49311 ( ?? Pa" M4mwa& • EXHIBIT 1 , C 13 2335 ?!/. 7...,.i Ji:gl" st. n...c M:......L 551t3 Pl?-.• 61.2-636-4600 lune 21, 1984 rq.r4l?h & tq: J.rc. Orro G. Bwmroe, F.E. ? p RoDm W. Rofine, P.E. lon0h C. AnQertiR, P.E. a.odfo.ee. r,e. RkAard E. Tv.nn, P.E. ,em., c. oao?. P.E. Cfenn A. Coak, P.E. KeiiAA. Gwtlon. P.E. lAaincr E. Nayr+. P.E. RichaN w. Forin, P.E. FoMn G. ScbmrFL P.E. M?rv?n L. So.varo. P.E. Pmwle C. BuqeNI. P.E. Jn ly A. BovNan. P.E. MaK A. Hovon, P.E. TM K. fie/d. P.E. MirAeN T. Rau?.rrann. P.E. Rohn R. P/r/JNin Y.E. DwiJ Lmkme, P.E. CAOrIa A. EnK.pe L. AI. Pa.w,4, I/orlan M. Ohan Honorable Mayor and Council City of Eagan 3830 Pilnt Knnb Road Eagan, Minnesota.55121 Re: Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project 411 Our File No. 49311 Dear Mayor and Council: Transmitted herevith is our reporY for Patrick Eagan Park/Birch Park Addition, Project 411. This report covers trunk storm sewer and includes a preliminary aaseasment roll. C We woyld be pleased to meet vith [he Council and other interested parties at a mutually convenien[ time to discuss any aspect of this report. Yours ver truly, . BONESTR , OSEN , ANDERLIK S ASSOCIATES, INC. ?? Mar . Hanson MAH:li ' I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the S e o Minne? a. _ " Mark A. Han on C Date: .Tune 21, 1984 Reg, No. 14260 ApproVed b? .._.n A .Z'yt- homas A. Colbert, P.E. Director of Public Works Da[e: ?? • p? ? ?? iseoc - A. PROJECT 411. PATRICK EAGAN TRUNK STORM SEWER 2. Anthony Caponi (10-02200-010-80 & 84) 3.. Thomas Rooney (10-02200-012-86) 4. Thomas Bergin (10-02200-011-85) BACKGROUND INFORMATION SAC 10/9/84 Project 411 provided for the installation of a trunk storm sewer outlet to Patrick Eagan Park (JP-9) along with other ponds within the old Windcrest Addition (p..r/oposed Birch Park Addition) as indicated on the map enclosed on page ?/ . The ponds west of Patrick Eagan Park, south of Deerwood Drive and north ?of Hilltop Estates are located within the major drainage district serviced by this trunk storm sewer outlet of Patrick Eagan Park. However, there interconnection to Patrick Eagan ParkC? is proposed to be performed under a future project. Enclosed on page 'L p is an area map showing the assessment boundaries and the relationship of the appellants to Patrick Eagan Park. Enclosed on page ZI is a topographic map showing the relationship of those parcels to Patrick Eagan Park pond (JP-9) and the pond to the southwest (JP-8). Enclosed on page 3Q is a map showing the drainage district that will ultimately be serviced by the outlet to Patrick Eagan Park pond. - Enclosed on page_3Z_ is the written objections submitted by Mr. Bergin. Enclosed on pages 3 L. throughis a copy of the formal complaint filed with District Court by Mr. Rooney. Enclosed on pages-36 through 3 2 is a copy of the formal complaint filed with District Court by Mr. Caponi. Their major objection is based on the fact that their property does not directly drain into Patrick Eagan Park pond (JP-9) but rather into the pond to the southwest (,TP-S) which is not having any storm sewer improvements installed at this time. STAFF RECOMMENDATION While the objectioners are correct that their property does not drain directly into Patrick Eagan Park pond, they are located within the general drainage district area serviced by the outlet for Patrick Eagan pond. Due to the fact that the future cost of interconnecting these two ponds would be quite small in relationship to the assessment revenue generated from these large parcels of property within the drainage divide, the City could be place in a position of assessing an amount greater than the actual cost of the project. This is due to the fact that we traditionally do not go back and include the cost of previous projects downstream in determining the assessment revenue. Once this interconnection is provided, these properties will be benefited by the storm sewer outlet to Patrick Eagan Park due to the fact that their water will drain through the scorm sewer system. Consequently, the staff has two recommendations for consideration: 1. Delete the parcels south of the designated drainage divide from assessments under Project 411 subject to an agreement whereby they will not object to the trunk area storm sewer assessments at a later date when pond JP-8 is connected to Patrick Eagan Pond. 2 S + 44 4 A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER (continued) 2. Expand the scope of Project 411 from JP-S to JP-9 to protect the with the costs for installing Patrick Eagan Pond. to install the storm sewer connection integrity of the assessments associated the trunk storm sewer outlet from COMMITTEE RECOMMENDATION/COMMENTS z? , ? r PRELIMINARY ASSESSMENT ROLL APPENDIX S PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PR07ECT N0. 411 Parcel Area Credit Assessable Description (sq'.ft.) (sq.f[.) Area (sq.f[.) NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. 011-04 1,873,080 Pond 91,476 1,425,284 . Fu[ure R/W(20%) 356,320 TOTAL NW 1/4, SECTION 22 C 012-26 - Eagan F 013-26 - Eagan 014-26 - Dak. Co. 010-27 020-27 771,184 Futuze R/W(20;) 154,236 435,600 Future R/W(20Y.) 87,120 370,260 --- 188,740 Future R/W(20%) 37,748 200,000 Future R/W(20%) 40,000 Total Rate Assessment $743/Ac. $ 2,890 $0.045/s.f. 64,138 $67,028 616,948 $0.045/s.f. $27,763 348,480 $0.045/s.f. 15,682 370,260 $0.045/s.f. 16,662 150,992 $0.045/s.f. 6,795 160,000 $0.045/s.f. 7,200 030-27 113,076 --- 113,076 $0.045/s.f. 5,088 040-27 174,492 Future R/W(20'Y,) 139,594 $0.045/s,f, 6,282 34,898 TOTAL $85,472 1560c Page 7. C Parcel Area Credit Assessable Description (eq.ft.) (sq.Et.) Area (sq.ft.) SE 1/4, SECTION 22 013-75 289,670 St. R/W (20Z) 231,736 57,934 015-75 4.75 Ac. Large Lot 4.75 Ac. 020-75 2,$5 Ac. Large Lot 2.85 Ac. 011-76 2.7 Ac. Large Lot 2.7 Ac. 012-76 209,088 St. R/W (20%) 167,270 41,818 031-76 226,512 St. R/W (20%) 181,210 45,302 010-77 293,276 St. R/W (20X) 234,621 58,655 010-80 413,820 St..R/w (20%) 331;056 82,764 010-84r 413,820 St. R/W (20%) 331,056 82,764 012-86 449,374 St. R/W (20;) , 359,499 89,875 011-85 4.75 Ac. Large Lot 4,75 Ac. 011-86 4.75 Ac. Large Lot , 4.75 Ac. 0 . Total Rate Assessment $0.045/sq.ft. $10,428 $743/Ac. 3,529 $743/Ac. 2,118 $743/Ac. 2,006 $0.045/sq.ft. 7,527 $0.045/sq.ft. 8,154 $0.045/sq.ft. 10,558 $0.045/sq.ft, 14,898 $0.045/sq.ft. 14,898 $0.045/sq.ft. 16,177 $743/Ac. 3,529 $743/Ac. 3.529 $97,351 ? 1560c Page 8. C Parcel Descrip[ion SKOVDALE Area Credit Assessable (sq.ft.) (sq.Et.) Area (sq.ft.) J A. Total Rate Assessment L t 1 cr? ? .2.7eqd ' ?L ?C ao65.5`/ o r 5-T 11,18 Large Lot iL.65.ac, $743/ac. Lot-2 ee $7=43lee v/? z- L a.7YAc. a.7? n? ao6s.sv ot 3r 1- h:83--aG, Large Lot •3:?5-.ac.. $743/ac. -1153-5- Lot 4 1.85 ac. Large Lot 1.85 ac. $743/ac. 1,375 Lot 5 1.85 ac. Large Lot 1.35 ac. $743/ac. 1,375 oV- ? - - 7 '/3 ?- ? 1.85 ac. Large Lot 1.85 ac, $743/ac. 4;?? o? ?- - 7v3/ 4 C 7 y3 Lot 7a' 36;4-H-- Large Lot /bfa?50(}-5?E, $0.045/s.f. -74-3- ,tr!a ? ' 76,73Y /.74 Aes ?3o7.6Y TOTAL 9 c 1sC SKOVDALE N0, Z 5? C- Lot -t- 3.7 ac. Large Lot 3.7 ac. $743/ac. $ 2,749 Lot-?--4 1.9 ac. Large Lot 1.9 uc. $743/ac. 1,412 { Lot 3--3 2.0 ac. Large Lot 2.0 ac. $743/ac. 1,486 9. • Lot 4-e ? 1.9 ac. Large Lot 1.9 ac. $743/ac. 1,412 5 Lot 5- 29,070 s.f. Large Lot 16$00 s.f. $0.045/s.f. 743 TOTAL • $ 7,802 WINDCREST ADDITION Outlot B- Eagan 348,480 Pond 100,000 198,784 $0.045is.f: $ 8,945 St. R/W(20%) 49,696 Ou[lot C- Eagan 209,088 Pond 74,000 108,070 $0.045/s.f. 4,863 St. R/W(20%) 27,018 TOTAL $13,808 \ Page 9. 1560c • C C \ Parcel , prea Credit Deacription (sq.ft.) (sq.f[.) WINDCREST 2ND ADDITION Outlot A 18,757 --- Outlot E 378,972 St. R/W(20%) 75,794 Outlot C 9,180 --- Ou[lot D 335,412 St. R/W(20%) 67,082 Outlot E 378,972 Pond 38,000 St, R/W(20%) 68,194 Outlot F 705,672 Pond 130,000 St. R/W(20X) 115,134 TOTaI. W. SCHMIDT ADDITION Lo[ 1 24,361 Large Lot Lot 2 2.85 Ac, Large Lot 1560c Assessable Total Area (sq.ft.) Rate Assessment 18,757 $0.045/s.f. $ 844 303,178 $0.045/s.f. 13,643 9,180 $0.045/s.f, 413 268,330 $0.045/s.f, 12,075 272,778 $0.045/s.f. 12,275 460,538 $0.045/s.f. 20,724 $ 59,974 24,361 $0.045/sq.f[. $ 743 2.85 Ac. $743/Ac. 2,118 $ 2,861 NE 1/4, Section 22 67,028 NW 1/4, Section 22 85,472 SE 1/4, Section 22 97,351 Skovdale • 8,993 Skovdale No, Z 7,802 Windcreat Addition 13,808 Windcreat 2nd Addition 59,974 W. Schmidt Addition 2,861 TOTAL ........................... $343,289 Page 10. C rvwL-ais.7 NwI _aZn n I c ?. PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET EAGAN, MINNESOTA rv v rt i n 0 400 800 SCALE IN FEET I BONESTROO, ROSENE, ANDERLIK d ASSOCIATES, INC. Coneuitlnp Englneere St. Peul. Minn. oate: ,ruNE, 1984 ? PROJECT Comm. 49311 l N0.411. C C L f--- ?. ?A II I LIFT ?STA. 14 ? .. ? ,, JP-47 JP -11 N111 - .?? • JP ._I % ... P:.':;': K VN f t? t-:qt: JP-8 ' .";. c??vr\ OF PLAZA ,??EAGr;?; I . ? ...... _ N . 0 . R T H i._.. .. ._ . . . . . . . . . _ .. . . ... . . . .. . . ... „ _. 0 1000 2000 $CALE IN FEET PATRICK EAGAN PARK / BONESTROO, AOSENE, ANDERLIK 5 ASSOCIATES, INC. ? BIRCH PARK ADDITION ConeuitinA Enqineera STORM SEWER LAYOUT St. Paul, Mlnn. - Date: JUNE, 1984 PROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, 8? 49 Comm. 49311 N0.411 II L JP I l??l v E It. ? r..P; JP-6 ` „I ? N 0 . R T H - . . . . -- . . . .. __.._... _ _" _. . _. _ .._. _ . .. _?" 0 1000 2000 SCALE IN FEET PATRICK EAGAN PARK BONESTROO, ROSENE, ANDERLIK ? & ASSOCIATES, INC. BIRCH PARK ADDITION Conaulting Enyineers St. Paui, Minn. STORM SEWER LAYOUT Lcomm. ate: JuNE, 1984 pROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, & 49 4931 I N0.411 h "! f ' ' J -, 1 I ?"?EX. LIFT STA. 14 H F T ? ? ? LEGEND F ? SINGLE FAMILY RATE N 0 R T H PATRICK EAGAN PARK / BIRCH PARK ADQITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA 0 1000 2000 . . ... SCQLE IN FEET 64NESTR00, ROSEME, ANDERL{K & ASSOCIATES, INC. Conaulting Engineera St. Paul, Mlnn. Date: JUNE, 1984 PROJECT Comm.49311 N0,411 9_ q C C ? H F . ? ._? ?'. -.. ? SINGLE FAMILY RATE PATRICK EAGAN PARK / ? BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA ? N O R T H T- 4 ? O 1000 2000 ?-r --+ SCALE IN FEET BONESTROO, ROSENE, ANDERLIK 3 ASSOCIATES, INC. Consulting Enplneere St. Paul, Mlnn. Date: JUNE, 19e4 PROJECT Comm.49311 FN 0. 411 -I LEGEND ? , ,( .. STATE OF MINNESOTA COUNTY OF DAKOTA -------------------- Anthony Caponi, DISTRICT COVRT FIRST NDICIAL DISTRICT Plaintiff, vs. City of Eagan, Defendant. • FILE N0. C9??S C ?AKI Yi"Q.cl-4_ ! SUMMONSI THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to aerve upon the Plaintiff's attorneya an anawer to the Complaint which ia herewith served upon you, within twenty (20) days after aervice of this Summons upon you, excluaive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. ROONEY S NEILSON, LTD. SY Q THOMAS J. R00 _..Attorneys for Plaintiff 1170 Northern Federal Bldg. ` St. Paul, Minnesota 55102 (612),224-3361 Zq L FOX aioce , I \ FC 49?,?? `_ ?? 2d? / E I'3 ? j _- /'? ?_? '-E I I r vn.?nee( Dou?Bo 1?co. . Z2B E' 14 , H L` ry? 8?? 6iE?vrfllv?_ ?l'?' - I', •. ? E-' ? ?.. c I ti L ? p ?e, i ? ??MILL D- J O E5?0 HTS l. I i I 0_2? \?? / ? ?oao? ?is??l?-? ,/?% ? ?1ID-19I D-23z? EESIG J TT i? j _ 6 I-?'-?' I D-26 i l ? Gh18 I ??i_ a?//` 7 ? C g?' c I^/? ? ?r2? - ? F- ?,-••,n?k?,,, I.? ?-f-?. J'13 f--- h? 1 ''24 J caor _ _ \ 5 9? ? a 18\ 9 // / ?. -`?`l:?'? ?? ?cR?\? ?? _?1 EI -l x?,x? N:,? M J-t4 J- ?22 x o,=?.? ?J-a6 ? B? _seoix P.A.4i I i •_'j / ?? ?,-? I `?-? _ , BLACKH4WK 6 J-23 PARK ? , w r } ? i J-is ?i \ ???? .... J-63i/`J 62\ f J-21 Q7, NO 2. / ? B'`2! - J-32 r,s .... J 54 !?].` L G 3 . / ` , . ? -?r , B=4 ..?,?, 1.I B 3 ?'' ?.k?4? `; fN0.4LE9 . // B-$4 I -7r-r /4•: •?.• /J •-? rQ ?7?i .i?J ??.?y` 1 I t??: ; ''•3? .•• ?'`'' ?..:.::. • . ?r:.:?:::: :v.:i. J-67 I1/ J-4f B' 6 \ I ?•.,,'.? ? ?$? ;, ; ;,;,; ;; ;;, ti•::•::..'.: ? ,•>:;:'.? / ??\ I / ; • - .1 :?:ii:•'r.'•1'.C?}?.I:i'ii. ? -?j-49 i B-35? L ; . 4 01 ?? ?v ... .. •?• C '? ? J-55 B._5 ?' . a .:'?,?? r ••?I'??'r'•?•'':'•': ? . _c s ? 3O .? -•. •.?: :•.:»}?. 7 C ?.fl '?, ?--?''?--??? ? L-7 d so ) A'35 1?8-26 I ?/ ? ???' E^2-t ? u?P,r:t??`?-• 6 ia ??? J' 65'?'? ?-??????? \?/ o .w B-7 16, ?!1T ?13 t" ?? . B-25? 8 1 -51 / ? J-52 ?B_23 \1 ? L I3 ? POWCR UTI[ITT EAS NT ?? -1- L. 2l._? ?. ? . > '14 ° E e/ --??r.? - - --- ??'•' - - ? Ji ? L-60? ? L-59 I\ ?7???I? MM• \ .? L 1...,6 --`?.,P i l. ?? /? _ I ?ooz \ B-IB ??113? / o\ ??'J ?? L-36 Dtv?x-?ifpTA /j L-58 ?y1 ti? ?PARK ?L-62 L-43 L I L-41? ? ? __- L? ._...._.. - ,. 3 .s...--??.._/ ?' ._.-_ , ?• , L- L_38 . ?-?---?- 1 E%CE TICN L-63 ?(Ls? L??`[ [L-64//"7 ?\L-47 . _ \ ?? ?r'?t? A,?;i??•a'l U? qll --- -------- _...-- -------- -- ------- -?----- -- --- ---- - -- ------- - -- n -----------__? - ? ---"?-' -----/a'Vc)..--?i?J£C "_---- __ ? ??R, ----?,,•, . ---?<c.? -'r'ir ._.._---- - __. _-- - --- --- ? _ ? ----- _ _---___-- - ?'? -- ??-? __._?? -- -__- --------- __--- ---- --- ? /-?-- --------------- - - - - - --------- 3( q! / ? __--------------- - - -- - --- --?------- --y - -__ _ ----_n- _?--/Q ,-?- ----------__---- _ _ - ---------- - ---------------? ti?-c.a,? -A-L ' -------- __. -- ---- - -- ----.____..------ -- _4-1 ----- ---- ? , -- -_lf-.---._- ------- - ----- -? - ---- ---- -- _ - - --- -- -. __ __ _ - -_ _--- --?-- - -- --- --- - - .._.- -- - ? -, U?--?.-- ____ _ _ ..__??? - -- ??'i -- ? -------- - --------------'.._?/_? __--- __ ------ ----- -- -- --- ---------- - -?? -? --- --- -- -?. '--- ?----- '- --Q?-c?e? _- lc? Y-33 ?????'lov ----------____?cC _?`'vt,._2? GeGn-e.9 ?_?-/?f,•?? ._?^- _ --__.--- - ----- --_ -- - ? Z, --?--- -__ -- --- -??? 5 STATE OF MINNESOTA COUNTY OF DAKOTA DZSTRICT COURT FIRST NDZCIAL DISTRICT FILE N0. Anthony Caponi, Plaintiff, vs. COMPLAZNT City of Eagan, Defendant. Plaintiff, for his claim against the defendant, states and alleges as follows: I. That the plaintiff is the owner of a parcel of land located in the Southeast Quarter of the Southvest Quarter of Southeast Quarter of Section 22 and in the Southweat Quarter of the Southeast Quarter of the Southeast Quarter of Sectioa 22 conaisting of approkimately 20 acres, and identified as parcels #010-80 and 0010-84 on page 8 of Exhibit l which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved Che project identified in the attached Exhibit 1 under Council File No. 49311, said project 6eing identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. III. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future assessment hearing. 1 J 7 IV. That the plaintiff protested the assessment at the heuring on Suly 17, 1984. V. That said assessment unfairly, illegally and ar6ltrarily aesesaea the property of the plaintiff. VI That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue froia the asaeasments of $343,289, thereby assesaing said project. at $102,329 more than its coat. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as JP-7, which pond handles atorm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of Section 22. That Hilltop Eatates and none of the other land in the Sauthwest Quarter of Section 22 is proposed to be assessed in con3unction with Project No. 411. WHEKEFORE, plaintiff demands judgment as follows: 1. Adjudging that no asaessment he impoaed upon the plaintiff's property by virtue of Project No. 411. 2• Adjudging that no assessment be permitted for Project 411 beyond the actual coet of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other 2 ,5O area specially beneflted by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Pro3ect No. 411. 4. For such other, further and different relief as to the Court may seem just. ROONEY 6 NEILSON, LTD. $Y 1-linm-fild : Z tiq/ THOMAS S. R007Y / Attorneys for Plaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 3 ol! STATE OF MINNESOTA COUNTY OF DAKOTA Thomas J. Rooney, Plaintiff, vs. City of Eagan, Defendant. Co? ', e3 T. 4'I p•m' DISTRICT COURT FIRST JUDICIAL DISTRICT FILE N0. ? 0..i l.0 -1,- Q?1 ? e SUMMONS" '- THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon the Plaintiff's attorneys an answer to the Complaint which ie herewith served upon you, within twenty (20) days after service of this Summons upon you, eacclusive of the day of service. If you fail to do so, judgment by default will be taken againet you for the relief demanded in the Complaint. ROONEY §;-NEILSON, LTD. BY Q U `7 THOMAS J. ROONE Attorney ProSe 1170 Northern Federal Bldg. St. Yaul, Minnesota 55102 ev (612) 224-3361 STATE OF PiINNESOTA DISTRICT COSIKT COUNTY OF DAKOTA FIRST NDICIAL DISTRICT FILE N0. Thomas J. Rooney, Plaintiff, -vs- COMPLAINT City of Eagan, Defendant. Plaintiff, for his claim against the defendant, etates and alleges as follows: 1. That the plaintiff is the owner of a parcel of land located in the West One Quarter of the Southeast Quarter of Section 22, consisting of approximately 11 acres, and identified as parcel 0012-86 on page 8 of, Exhibit 1 which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the pro,ject identified in the attached Exhibit 1 under Council Flle No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. IIt. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future asseasment hearing. IV. That the plaintiff protested the assessment at the hearing on _3 3 July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue Erom the assessments of $343,269, thereby assessing said project at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 ae JP-7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter oE Section 22. That Ailltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Pro3ect No. 411. WHERRFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. • 2. Adjudging that no assessment be permitted for'Project 411 beyond the actual cost of the Smprovement. 3. Adjudging that the Southwest Quarter of Section 22 and any other area specially benefited by the proposed improvements contained in Project No. 411 be included in tlie area to be assessed for Pro,ject No. 411. 3 y 4. For such otiier, furLtler acul different relief as to the Court may seem just. 5 NEILSON, LTD. BY Attotneys ProSe 1170 Northern Federal Bldg• St. Paul, Minnesota 55102 (612) 224-3361 jJ C REPORT ON PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK STORiV1 SEWER OUTLET PROJECT N0.411 ? a EAGAN, MINNESOTA FILE N0.49311 - ( ?t nam4 ,yr,? ? EXHIBIT 1 ? 13 s335 w. 7?r .v.p.c..., st. n..c ,N:.....? sa„s P4+.- 6/2 • 636•4600 Sune 21, 1984 yqHd"-h & Honorable Mayor and Council City of Eagan 3830 Pilnt Knnb Road Eagan, Minnesota.55121 Re: Patrick Eagan Park/Birch Park Additinn Trunk Storm Sewer Outlet Project 411 Our File No, 49311 Dear Mayor and Council: Y.W. Oue G. Hanmroo. P.E. p RoMn w. Ronne. P.E. JouDAC. AndnhR, P.E. e.enJoie A. Lrrnbe.R. P.E. R?Aarp£. Tumn, P.E. lamn C. Otron. P.E. cn., R. coo<, P.E. KtiM A. Gwdon. P.E. Thanu E. Noyii. P.E. RkAaM W. Fw?w. P. E. Robn Q Srhumdb P.E. Mmw L. Sorvde P.E. Don. IdC. Hu7eM?, P.E. lnrr A. HouNOn. P.E. MerY A. Haman, P.E. Te! K. Fr/J. ?.£. Mic*eN7 Rmiwann, P.E. Roberr F. FJ?J/rrle, P.E QwidLoiRora, P.E. Char/o A. £rirbon Lro M. Pe.Nat' He.len M. M. Transmitted herevith is our report for Patrick Eagan Park/Birch Park Addi[ion, Project 411. This report covers trunk atorm sewer and includes a preliminary assessment rall. \ We w04ld be pleased te meet aith [he Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Youre ver truly, „ BONESTR , OSEN, ANDERLIK 6 ASSOCIATES, INC. Mar . Hanson MAH:li ' I hereby certify that thie report vas prepared by me or under my direct supervision and that I am a duly Registered Profeasional Engineer under the laws of the 5 e o Minne a, ` ..,.? Mark A. Han on C Date: June 21, 1984 Reg. No. 14260 Approved b? homas A. Colbert, P.E. Director of Public Works Date: r5 is6oc C SCOPE: This project provides for the consGruction of trunk storm sewer from Pond JP-6 and Pond ,IP-9 (McCarthy Lake) to Pond JP-11 (Hurley Lake) as desig- nated in the Comprehensive S[orm Sewer Plan. Pond JP-6 iq located in the ex- isting Windcrest Addition which is presently being replated as Birch Park Ad- dition. Pond ,)P-9 is located in Patrick Eagan Park. FEASIBILITY AND RECOt4iENDATION: This project is feasible from an engineering etandpoint and is in accordance wi[h the Comprehensive Storm Sewer Plan for the City of Eagan. The projec[ as outlined herein can best be carried out as one contract. DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- ity etorm sewer from Pond JP-6 to Pond JP-11 and from JP-9 to Pond JP-11 as ahown on the attached drawing. As part of the 1978 Comprehensive Storm Sewer C Plan it was proposed that Pond JP-6 outlet by a pumping facility (L.5.-12) to Pond JP-10 which in turn would discharge by a gravity storm sewer to Pond JY-9. Pond ,Tp-9 would then outlet by a pumping facility (L.S.-13) to Pond JP-11. Aowever, since this time the Department of Natural Resources has re- cently established normal Wa[er levels for Pond JP-6 and pond JP-9 at 818.7 mhich is considerably higher than proposed'in the Comprehensive Starm Sewer Plan. As a reeult, it now becomes feasible to outlet Pond JP-6 and Pond JP-9 to Pond JP-11 hy gravity storm sever thus eliminating two pumping facilities. As part of [he 1984 Comprehensive Storm•Sewer Plan Update a computer analysis was done to evaluate the effect of raising the normal 'water levels of theae ponds and ita effect on the high water level based an a 100 year storm. As part of this analysis, the high water level for Pond JP-6, 8, 9, 10, 11 and 49 was determined to be 830.00. It was also assumed Pond JP-7 would discharge directly into pond JP-8 thus by-passing Pond JP-38 as shown on the attached Page 1. 1560c ' ` storm sever layout d:awing. It is anticipated that an outlet for Pond JP-38 will not be required for some time since it will never incur any additional runoff except that which is directly tributary to it. Therefore, the impact of a high vater level of 830.00 for the area north of Hilltop Esiatea is not eignificant and can be incorporated into the design of future plats. In sum- mary, cons[ruction cos[s for the proposed gravity system are nearly equal to providing two pumping stations with a force main, as a result, a considerable cos[ saving to [he City can be realized in long term operation anA main[enance. Cons[ruction propoaed herein includes a gravity storm sewer 15 inch and 18 inch in diameter as shown on the at[ached drawing. It is proposed that grav- ity storm sever from Pond 1P-6 to Pond JP-11 parallel the Wescott Trunk Sani- tary Sewer being constructed as part of City Cont;act 84-2. Trunk storm sewer from Pond JP-10 to Pond JP-9 is proposed to be constructed within the right- of-way of a future street of Parcel 011-04 which rai11 ultimately connect to Westbury Addition, It is not proposed to construct an outlet pipe from Pond JP-10 a[ this [ime since it does not incur any additional runoff from existing or proposed future developments. EASEMENTS: IC ia proposed the gravity storm sewer be construc[ed vithin the exiating easement acquired across Parcel 011-04 aa part of the Wescott'Trunk Sanitary Sever, City Con[ract 84-2. It is proposed an additional easement be acquired for atorm sewer constructed southerly from Pond JP-10 to Pond JP-9. ? Page 2. 1560c AREA TO BE INCLUDED: CONSTRUCTION AREA NE 1/4, SECTION 22 Parcel 011-04 Parcel 012-04 WINDCREST ADDITION Outlot B, C WINDCREST 2ND ADDITION• Outlot E C s ASSESSMENT AREA NE 1/4, SECTIDN 22 Parcel 010-02 Parcel 011-04 NW 1/4, SECTZON 22 Parcel 012-26 Parcel 013-26 Parcel 014-26 Parcel 010-27 Parcel 020-27 Parcel 030-27 Parcel 040-27 SE 1/4, SECTION 22 Parcel 013-75 Parcel 014-75 Parcel 011-75 Parcel 020-75 Parcel 012-76 Parcel 011-76 Parcel 031-76 Parcel 010-77 Parcel 010-80 Parcel 010-84 Yarcel 012-86 Parcel 011-85 Parcel 011-86 0 .,,...,.., r Lat 1-7 SKOVDALE N0. 2 Lot 1-5 WINDCREST ADDITION Outlot B, C WINDCREST 2ND ADDITION Outlot A, B, C, D, E, F W. SCHMIDT ADDITION Lot 1 6 2, Blk. 1 Page 3. 1560c ( COST ESTIMATES: De[ailed cost estimates are presen[ed in Appendix A located at the back of [his report. The total estimated project coat is $240,960 which includea contingencies and all related overhead. Overhead costa are es- timated at 27% and include legal, engineering, administration and bond inter- est. ASSESSMENTS: Assessmen[s are proposed [o be levied against the benefitted proper[y. A preliminary assessmen[ roll is included at [he back of this re- port. Storm sewer proposed herein is conaidered trunk. I[ is therefore proposed [o assess trunk area storm sewer to those parcels shown on [he at[ached draw- ing. Trunk area assessment ra[es in effect at the time of Chis report are as follovs: ? Trunk Storm Sewer - Single Family $0.045/sq.ft. • REVENUE: Revenue sources to cover the cos[ of this project aze as follows: Project Trunk Cost Revenue Fund Balance Trunk $240,960 Trunk Area Assesaments ' $343,289 $240,960 $343,289 +$102,329 It is anticipated a surplus of $102;329 will result in the trunk atorm aewer fund, % 1560c Page 4. .' PROJEC'L SCHEDULE Present Feasibility Report Public Hearing ApprovePlans and Specifications Open Bids Aaard Contract Construction Completion Final Assessment Hearing Firs[ Payment Due with Taxes Page 5. 1560c June 19, 1984 July 17, 1984 July 17, 1984 August 3, 1984 August 7, 1984 rall, 1984 Spring, 1985 Spring, 1986 C C ? APPENDIX A PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PRO.IECT N0. 411 1,450 Lin.ft. 18" RCP Storm aewer @$40.00[lin.ft. $ 58,000 2,490 Lin.ft. 15" RCP Storm sever @$25.00/lin.ft. 62,250 13 Each Std, 4' dia. MH w/casting @$1,100.00/each 14,300 160 Lin.ft. MH depth greater than 8' dp. @$90.00/lin.ft. 14,400 1 Each 18" RCP F.E. w/trash guard @$700.00/each 700 4 Each 15" RCP F.E. w/trash guard @$G00.00/each 2,400 40 Cu.yds. Rock rip rap @$80.00/cu.yd. 3,200 600 Cu.yds. Rock stabilization belov pipe @$10.00/cu.yd. 6,000 LUMP SUM Clear 6 grub trees @$3,000.00/L.S. 3,000 3,940 Lin.ft. Mechanical trench compaction @$0.94/lin.ft. 3,690 8.5 Acre Seed w/fertilizer & mulch @$1,500.00/acre 12,750 Total $180,690 +SX Contingencies 9,040 $189,730 +27X Legal, Engrnp., Admin. & Bond Interest 51,230 TOTAL ........................................... $240,960 1560c Page 6. C PRELIMINARY ASSESSMENT ROLL APPENDIX B PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PROJECT NO. 411 r Parcel Area Credit Assessable Descrip[ion (sq.ft.) (sq.ft.) Area (sq.ft.) NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. 011-04 1,873,080 Pond 91,476 1,425,284 Future R/W(20%) 356,320 TOTAL NW 1/4, SECTION 22 C 012-26 - Eagan 771,184 Fu[ure R/W(20%) 154,236 a 013-26 - Eagan 435,600 Future R/W(20%) 87,120 014-26 - Dak. Co. 370,260 --- 010-27 188,740 Future R/W(20%) 37,748 020-27 200,000 Fu[ure R/W(20%) 40,000 030-27 113,076 --- 040-27 174,492 Future R/W(20Y) 34,898 TOTAL 616,948 Total Rate Assessment $743/Ac. $ 2,890 $0.045/s.f. 64,138 $67,028 $0.045/s.f. $27,763 348,480 50.045/s.f. 15,682 370,260 $0.045/s.f. 16,662 150,992 $0.045/s.f, 6,795 160,000 $0.045/s.f. 7,200 113,076 $0.045/s.f. 5,088 139,594 $0.045/s.f. 6,282 $85,472 1560c Page 7. C C ? Parcel Area Credit Assessable Total Description (aq.ft.) (sq.ft.) Area (sq.ft.) Rate Assessment SE 1/4, SECTION 22 013-75 289,670 5t. R/W (20%) 231,736 $0.045/sq,ft. $10,428 57,934 015-75 4.75 Ac. Large Lot 4.75 Ac. $743/Ac. 3,529 020-75 2.85 Ac. Large Lot 2.85 Ac. $743/Ac. 2,118 011-76 2,7 Ac. Large Lot 2.7 Ac. $743/Ac. 2,006 012-76 209,088 St. R/W (20x) 167,270 $0.045/sq.ft. 7,527 41,818 031-76 226,512 St. R/W (20%) 181,210 $0.045/sq.f[. 81154 45,302 010-77 293,276 St. R/W (20%) 234,621 $0.045/sq.ft. 10,558 58,655 010-80 413,820 St..R/W (20%) 331;056 $0.045/sq.ft. 14,898 82,764 010-84e 413,820 St. R/w (20%) 331,056 $0.045/sq.ft. 14,898 82,764 012-86 449,374 St. R/W (20;) , 359,499 $0.045/sq.ft. 16,177 89,875 011-85 4.75 Ac. Large Lot 4.75 Ac. $743/AC. 3,529 011-86 4.75 Ac. Large Lot , 4.75 Ac. $743/Ac. 3,529 $97,351 1560c Page 8. ( Parcel Area Credit Assessable Description (sq.ft.) (sq.Et.) Area (sq.ft.) Rate SKOVDAI,E r ??,tesw?.4fi 7/?; A. Total Assessment EI?? L t 1 -I .78' Re. ao r o Large Lot ?SS•.ac. $743/ac. -Lo[-2 ' 83 ee-- $743?ee- ---f3,zJ L 3 a.78 /i e. ??065.5`1 ot r 1:8-5-aa. Large Lot i-.64-.a4_ $743/ac. i}.19-7.5- Lo[ 4 1,85 ac. Large Lot 1.85 ac. $743/ac. 1,375 Lot 5 1.85 ac. Large Lot 1.25 ac. $743/ac. 1,375 7 yi3 1.85 ac. Large Lot 1.85 ac. $743/ac. 7y31 Ac 7q3 Lot 74- ? d1 % 36;448- 3 Y 74 Large Lot $0.045/s. f. --7-/r3-- y a , 7 TG A e? /. i 3 07• 11 TOTAL ?--g1}9} 9c7-?? 7A SKOVDALE N0. 2 ? Lot -1-5 ` C 3.7 ac. Large Lot 3.7 ac. $743/ac. $ 21749 t L 2--`1 ? o - 1.9 ac. Large Lot 1.9 ac, $743/ac. 1,412 ? Lot -3--3 2,0 ac. Large Lot 2.0 ac. $743/ac. 1,486 Lot-ir - >- ? 1.9 ac. Large Lot 1.9 ac. $743/ac. 1,412 y5 Lot 5- 29,070 s.f. Large Lot 16,500 s.f. $0.045/s.f. 743 TOTAL • S 7,802 WINDCREST ADDITION Outlot B- Eagan 348,480 Pond 100,P00 198,784 $0.045/s.f. $ 8,945 St. R /W(20%) 49 ,696 Ou[Lot C- Eagan 209,088 Pond 74,000 108,070 $0.045/s.f. 4,863 St. R/W(20%) 27,018 \ TOTAL $13,808 Page 9. 1560c ( Parcel prea Credit Description (sq.f[.) (sq.ft ) Assessable Area ( f ) Total , sq. t. Rate Assessment WINDCREST 2ND ADDITION Outlo[ p 18,757 --- 18,757 $0.045/s.f.. $ 844 Outlot B 378,972 St. R/W(20%) 303,178 $0.045/s,f. 13,643 75,794 Outlo[ C 9,180 --- 9,180 $0.045/s.f. 413 Outlot ? 335,412 S[. A/W(20Y.) 268,330 $0.045/s.f. 12,075 67,082 Outlot E 378,972 Pond 38,000 272,778 $0.045/s.f. 12,275 St, R/W(20X) 68,194 Outlot F 705,672 Pond 130,000 460,538 $0.045/s.f, 20,724 St. R/W(2D%) 115,134 TOTAI. $ 59,974 C W. SCHMIDT ADDITION Lot 1 24,361 Large Lot 24,361 $0.045/sq.ft. $ 743 Lot 2 2.85 Ac. Large Lot 2,85 Ac. $743/Ac. 2,118 $ 2,861 NE 1/4, Section 22 • $ 67,028 NW 1/4, Section 22 - 85,472 SE 1/4, Sec[ion 22 97,351 Skovdale • 8,993 Skovdale No. 2 7,802 Windcrest Addition 13,808 Windczes[ 2nd Addi[ion 59,974 W. Schmidt Addition • 2,861 ? ToTAL ............... ............ $343,289 Page 10. 1560c ' . C c N W L-815.7 NWI _AAh n ? ; I PATRICK EAGAN PARK / I • II BIRCH PARK AODITION TRUNK STORM SEWER OUTLET EAGAN, MINNESOTA rv V M I 11 o aoo eQo SCALE iN FEET BONE5TR00, ROSENE, ANDERLIK E ASSOCIATES, INC. Coneultlny Englneere St. Paul. Mlnn. Date: JUNE, 1994 ( PROJECT Comm. 49311 l N0.411 ( r- i I ? ., , ' J ?.EX. LIFT STA. 14 ??-- ?_. _. , ? JP I - JP-I I C i - -.. ?. i ? ? m O 2 Y 9 , f tk•?n.r: -.--.-o JP'8 ; . .?, ----? ?NORTH ?..... __._. . . _ ... .. ....... ......... ......_ „ .. 0 1000 2000 ? SCALE IN fEET PATRICK EAGAN PARK / BONESTROO, ROSENE, ANDERLIK ( S ASSOCIATES, INC. ` BIRCH PARK ADDITION Coneulting Enqineere STORM SEWER LAYOUT St. Peul, Mtnn. oate: ?ur?E, 1984 pROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, & 49 Comm. 49311 N0.411 ? C H F P= SINGLE FAMILY RATE N)" --?- ---- ..` _._ ,. r J _ ?. ??- N 0 R T H O 1000 2000 SCALE IN FEET PATRICK EAGAN PARK / (? II BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA BONESTROO, ROSENE, ANDERLIK S ASSOCIATES, INC. Conaulting Engineere St. Paul. Minn. " Date: JUNE, 1984 PROJECT Comm. 49311 11 N0.411 -7 LEGEND 1- owm & pAQT # 88-1 Thomas J. Rooney 473 1170 Northarn Fed. Bldg St. Paul MN 55102 #10-02200-012-86 88-2 Anthony Caponi 1215 County Aoad 30 Eagan MN 55123 #10-02200-010-80 88-3 Anthony Caponi 1215 County Road 30 Eagan MN 55123 #10-02200-010-84 88-4 Mike Kohler 1260 Deerwood Drive Eagan MN 55123 #10-02200-016-54 88-5 Tom Bergin 1240 Deerwood Dr. Eagan MN 55123 #10-02200-011-85 1988 SPECIAL ASSESSKENT OBJECfIONS FINAL ASSNr TYPE OF APYRAISAL VALUE HFARING IMPROVII?N'P A![OUNT OF SElIEFITS 9-19-88 Trunk Area $ 17,160.00 $ 20,000.00 Storm Sewer 473 9-19-88 Trunk Area $ 16,552.00 $ 20,000.00 Storm Sewer 473 9-19-88 Trunk Area $ 16,552.00 $ 20,000.00 Storm Sewer 473 9-19-88 Trunk Area $ 3,300.00 $ 3,300.00 Storm Sewer 473 9-19-88 Trunk Area $ 3,300.00 $ 3,300.00 Storm Sewer ?D ? ? ? ? ????O r . r LED Mt1HAHY MU A Xl t3 MwvOB CIT AOMINI9TRATOF _ .Xn. TNOMAS EGAN . ALYCE BOLKE CITY CLERK --- MARK PARRANTO ---- J•~E_ A _~IT~ - CITY OF EAGAN TMEODORE WACMTER . COUHOL MEMBEflS 3998 PILOT KNOB ROAO - EAGAN, MINNESOTA . 55122 PMONE 454-8100 ' October 10, 1979 CAPONI PARCEL FILE Mr. ?on C. Day Law Offices of David K. Wendel 4510 West 77th Street, Suite 236 Minneapolis, MN 55435 Re: Anthony Caponi v. City of Eagan Your File No. L-873 Dear Mr. Day: Enclosed please find the oriqinal and two copies of Answers To Interroqatories.in the above entitled matter which you sent to my office for signature. They have been signed and notarized as requested. Sincerely, rI k,pryMO 4 Thomas L. Hedg City Administrator TLH/hnd Encl. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV. ities Diizital Oualitv Control The following image represents the best available image from the original page. Every effort was made to capture the content from the original page. - , r? , 2 3 ? ' 4 i 5 6 i 7 i 8 ? 9 ? ? 10 11 12 I 13 ? 14 ? 15 ` . 16 j 17 18 ,j 19 I 20 21 I 22 i , 23 ' ? 24 i 25 26 27 ?. II °ci 1 v jy,,s STATE OF MINNE50TA COUNTY OF DAKOTA Anthony Caponi, Plaintiff, J DISTRICT COURT FIRST JUDICIAL DISTRICT vs. Arnald Carlson, City of Eflgan, pNgWERS TO INTERROGATORIES a Minnesota corporation, and Bonestroo, Rosene & Anderlik, a Minnesota corporation, ' ?.- ? ;,..i`, . • Defendants. ?: . •:....,; ° : !?,. ?:.':.•.... ' Defendant City of Eagan for its answers to Interrogatories of plaintiff, states and allege as follows:, 1. Please designate the name or names of the parties who designated Quigley Lake as Quigley Lake. ANSWER• 1. Unknown, 2. Please state the date on which Quigley Lake was so designated. ANSWER: 2. Unknown. 3• Ylease state at whose request Quigley Lake was so designated. , ANSWER: 3. Unknown. 4. 3tate the first date that said designation cf Quigley Lake was disseminated in any fashion by any officials or employees of the City of Eagan. ANSWER: 4.' Unknown. City o£ Eagan Subscribed and sworn before roe this ?L rb day o1' . 1979 STATE OF MINNESOTA COUNTY OF HENrIEPIN ? Anne Parks, being first duly sworn on oath, deposes and says that on the 4±h day of October ? 1979, she did deposit in the United States mail an envelope, properly sealed a.nd with first- class postage prepaid thereon, adflressed to: y: C. Meisenger, Jr., Esq. Attorney a+. Law 965 South Robert Street 'dest St: Paul, MN 55118 P the last known address of said addressee(s) in Nohich envelope she had first placed a true and correct copy of the attached Answers To Interrogatories, Anne Parks Subscribed and saiorn to before me this 4th day of pc, 1979. Am CJititiJ. rnNT N01FF' IuN0u MrvNESOTA HENNEP:N COUNTY y Commission ExDires Apc 20, 1884 •?wMnMMnMnM?vV?nnrtnnnnn?y?ti?,?iyy?i• ? ' . , y ?? . . . . . . g . t.?Y S .. . . .. +' t ? `??g?= iY' f+. ? •- ib? A'i ?'? >_.. R . . . . .. . ? i ? . . "??? P ^S'P ??111?111' MARR53b'tHIY.??Nta?iYIOLPAFF1SAfRY.Hd1fiL84'4/.'I STATE OF MINNESOTA COUNTY OF HENNEPIN ss _ • - `x w •_ r Jeanne E. Knight, being duly sworn, on oath says: that on October 2, 1979, she served the attached Answers to Interrogatories upon Thomas J. Rooney, Robert J. McGuire therein named, at the place of 5402 Cedar Lake Road, St. Louis Park, in the County o£ Hennepin, State of Minnesota, by handing to and leaving with a person of suitable age and discretion then residing therein, a true and correct thereof. - ? Jeanne E. Knigh Sworn and subscribed to hePore me this ?•?? day o£ &Z-X?.? , 1979. 1MNJVVNA!!,'?^..:r.':,...... vVeVJ.NWN• CON.ii?,is!;EJ. FA. NT NG'AM± ?UELiC - n1'?.YNCSOIA FIEf!'lEP;N COUPITY Is- My Commission Expire; Apr. 20, 1984 YyH/JVy?NVVVVWVVINVN/'?VV\N?M/\'VNN • ? Y Law offices oj DAVID K. WENDEL 4510 WEST 77th STREET, SUITE 236 MINNEAPOLIS, MINNESOTA 56435 TelepAone: 831-7879 David K. Wendel qren Code: 812 Don C. Day Joseph M. Stocco October 5, 1979 Jeanne E. Knight City of Eagan Mr. Thoraa.s Hedges City Adainistrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Anthony Caponi v. City of Eagan Our File No, L-873 Dear Mr. Hedges: Enclosed please find the original and two copies of Axzswers To Interrogatories in the above entitled matter. If these Answers meet with your approval, please sign all documents, have your signature notarized and returm them to this office. Thank you for your cooperation in this matter. Very truly yours, ?- ,? ? ?.. ? Don C. Day DCD/ap Enclosures .. ??? BEA 9LOMOUISi MAVpq TMOMAS EGFN MAFK PRRRqNTO JAMES A. SMITH THEODORE WRCHTER COUNCiL MEMBERS September 19, 1980 Mr. Anthony Caponi 1215 County 5 Road 30_ a 5'1Gt vHONe 454-e1oo . Re: Receipt of June 27, 1980, Letter Reques Dear Mr. Caponi: ALYCE BOIKE Cirr cieaK >tion from All Assess- Your letter, dated ]une .27, 1980, w as received by the City of Eagan on June 30, 1980. . Your request that the proposed water trunk improvements presented at a public hearing on June 3, 1980 not be assessed against your property will be considered at a later date by the Assessment Review Com- mittee. This committee meets periodically; you will be notified in writing by either the Director of Public Works or myself as to when a meeting is scheduled. Your cooperation and understanding of City procedure is greatly appre- ciated. lf you have any questions regarding this matter, please feel free to contact me at any time. Since ely, ?" kThom ? as L. Hedges City Administrator TLH/hnd iHOMAS HEDGES CIiY AOMINISiRNtOR CITY OF EAGAN 3798 PILOT KNOB ROAO EAGAN. MINNESOTA 55122 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV. June 27, 1980 Thomas Hedges City Administrator City of Eagan Dear Mr. Hedges: At the public hearing of June 3, 1980, on proposed "Water Improvements" I asked that I be exempted £rom all assessments because my property could not d?rive any benifit from the said improvements. ' My property, described as the SE4 of the SE4 of Section 22 in the City of Eagan is separated from the Water-Improvement area by a deep ravine. This physical impediment is the result of years of erosion caused by the water drainage from Co. Rd. 30 and Lexington Ave. The nature of the topography and the unstable, sandy soil prohibits any kind of physical alteration to the area. The trees that I have been planting along the ravine in the last 30 years have finally brought the erosion under control. You, Mr. Hedges, having toured the area, may agree that it is to the best interest of the City of Eagan that the ground along the ravine not be disturbed. I accept the natural limitation of my property, but I ask that I not be assessed for improvements from which I can derive no benefit, now or in the foreseable future. Thank you. Sincerely yo Anthony Caponi 1 a t? Ca .??. -3 0 G r? co ... O A? 35- q? , . ? O S S A B A W I S L A N D P R O J E C T O ' 10 TfE MIRACIE IN WHICH WE ALL REr.rENM HAS FAPPIIMM! ' AF'IER 16 )tFARS OF SPRix',GLE ADID FAITx 06SABAW IS7AND HAS BEQV SAVID: On April 7, 1977, an option to purchase was signed. FYom April 7, 1977, umtil May 1978, nothing will be changed in the present sta- tus of the Island or its activities. In May 1976, the optian will be exercised and the family will sell Ossabaw at a bargain price to the State of Georgia. Ossabaw will be designated as a Heritage Presesve pursuant to the Georgia Heri- tage Trust Act of 1975. "ORDIItID: That OssaBaw Island be dedicated as a Heritage Preserve to protect, oonserve, and preserve the natural and cultural resources of this Island for the benefit of present and future generations and that Ossabaw Island shall only be used for natural, scientific, and cultural study, research and education, and envimrmpntally sound presexvation, conservation, and mariaganPnt of the Island's eoosysten. . . 11 After sale, there will be a Use Agreerrent between the State of Georgi.a and the Ossabaw Islarx3 Pmject Fbtndation whereby the Projects operatisig tinder the Fbtm- dation will be allowed and encouraged to oontinue as long as.they are financi.al- ly supportive and "oontinue to operate scientific, educational, and cultural pmgraire and related research and other activities on ossabaw Island in further- ance of its tax-exenpt status" wi.th consistent ooncern for the natural eoosystan. The OIPF shall have exclusive use of tkbe buildings on the North fhd and Middle Place, non-exclusive use of a designated half, and reasonable use of the rest of the Zsland. One-half of the money for the purchase of Ossabaw crnies fran the Georgia Heri= tage Txvst Program of the State of Georqia. The other one-half of the purchase money ames as a cionation to the State of Georgia by Mr. Robert Woodruff, for- mer Board Chainna*+ of Cnca-Cola. His restricted donation makes possible the a- bove concessions and eliminates public recreatim. I wish that I could write or talk to each and evexy one of you. It was your support, belief, and appreciation that made possi.ble this long, idealistic fight which eventually led to an incredi.ble solution. The dedication of Ossabaw Island in this particular way is an historic mamnt for Georqia... Ossabaw is as safe as we can make it and the Caast has a reprieve.,. The OssaUaw Island Project Foundation and its programs are naa ready, with the land assured and same ironey oaning in, to make the State of Georgia pmud of its gesture. f ' I I r. ' r - , ? ?I; r t l- yi_ . r?. • ItN OF 3830 PILOT KNOB ROAD, P.O. BOX 21799 BEP. BLOM9UI5T EAGAN, MINNESOTA 55121 °Aa+'Of PHONE: (612) 454-8100 THOMAS EGAN JAMES A SM11H JERRV iHOMAS TFiEODORE WACHTER OCTOBER 4, 1985 Co" "?`?'??? THOMAS HEDGES Gry ?rrotor ANTHONY AND YOLANDA CAPONI EUGENE VAN OVERBEKE 1215 C.R. 30 arocWk EAGAN MN 55123 Re: Project 411, Trunk Area Storm Sewer Parcels 10-02200-010-80 and 10-02200-010-84 Postponement of Assessment - Deletion From Adopted Roll Dear Mr. & Mrs. Caponi: As you are aware, the Special Assessment Committee reviewed your concerns pertaining to the trunk area storm sewer assessments proposed under Project 411 at their meeting on Ocotober 9, 1984. This committee formulated a recommendation for Council considera- tion which was reviewed at the time of the Final Assessment Hearing held on September 17, 1985. As a result of this action, the proposed assessments in the amount of $3,712.50 for the above referenced parcel was deleted from the Final Assessment Rolls for Project 411 that was formally adopted by Council action on September 17. This assessment was then postponed until such time as future development of your property or installation of storm sewer improvements within the overall drainage basin and will provide more direct and immediate benefit to your property for its related surface water runoff. When, and if, this future storm sewer improvement is initiated, it will require a new public hearing process and the related notification to all affected properties. However, the rates will be those in effect at the time of that future improvement which may vary the amount of your proposed future assessment. If you have any questions pertaininq to the action of the Council, please feel free to contact me for further clarification. Sincerely, '??/???nna ? f? ???? Thomas A. Colbert Director of Public Works cc: Gene Van Overbeke, Director of Finance Paul Hauge, City Attorney TAC/jh THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWIH IN OUR COMMUNIIY - i a I- ?Q ? ;' ' ?eC? o n S ? 1?__ THO]tnCi J. AOO:SEY LARRY NEILSON Mr. Tony Caponi 12W E. Diffley Road Eagan, Minnesota 55122 Dear Tony: ROONEY & NEILSON, LTD. ATTORNEY3 AT LAW ONE CAFITAL CBIVTRH FLAZA SUITE 990 388IiORTH WA6A9f1A STREET ST. PAVL, .'A1NNEQOTA 55102 18181 224-8381 August 28, 1986 I know that you do not like litigation. Unfortunately it appeara that we are again heading in that direction. I expect to be at the September 16th Council meeting regarding Eagan's Ptoject No. 473. However, you may want to review this letter and the enclosures and call me before that date. I have reviewed again [he cases annotated in M.S.A. 3429.051, [he statute dealing with the apportionment of costs for local improvements (assess- menta for special improvements). Thie is the same sub,ject reviewed when I wrote to Paul Hauge with copies to you and to Tom Colbert in November, 1984. The state of the law is unchanged. I am encloaing a copy of my 1984 letter to Paul, a copy of M.S.A. 5429.051 (including the annotationa of the cases), and a copy of a recent decision from the Minneaota Court of Appeals. The Decision, Spec. Assess. for Proj. No. 78-10 v. Maplewood, 358 N.W. 2d 106 (Minn. App. 1984) is highly instructive. Maplewood sought to assess 7.53 acres of property for storm sewer on the basis of a charge of 9.13 cents per square foot. All property within the assessment district was assessed on the same basis. Eagan's practice is slightly different; the square foot charge varies somewhat with the character of the use of the property. The property owners were assessed by Maplewood at the same time for water and sanitary sewer. The property owners appealed to the trial court only from Maplewood's assessment for the storm sewer. The property owner's appraiser said the storm sewer system was a detriment, not a bene- fit to the property. The City's appraiser did not say the storm sewer assessment was a benefit to the property. Instead, he offered the appraisal opinion that all three assessments, (storm sewer, sanitary sewer, and water), benefited the property by an amount exceeding the total of the three assessments. The Appeals Court rejected the storm sewer assessment because no evidence was offered by the City to show that the storm sewer improvement benefited the property in an amount equal to at least the assessment. Mr. Tony Caponi 2 August 28, 1986 I personally know and have worked with both appraisers. They are com- petent senior appraisers who have been in real estate appraisal and testi- mony for the 25 years that I have known them. Winn Mitchell teatified in this case about the three improvemente as having an overall benefiC, but he did not specifically testify of any benefite from the atorm aewer. This is undoubtedly because he could not find any honest basis to say that the storm sewer improvement benefited the assessed property. That is the exact problem that Eagan will be confronted with in trying to obtain respec[able appralsal testimony [0 3ustify the storm aewer assesament in litigation with you, me, or the other property owners being assessed for Project 473. John Bannigan's office represented Maplewood in this case. Like most experienced municipal attorneye he acknowledgea that storm sewer assessment cases are the most difficult for the municipality to win. The reason is becauae the benefits are remote or non-exiatent. The ploy of having Mitchell testify as to the three asaessments resulting in an overall henefit was a clever way of circumventing the benefit requirement, but it did not work. While the City Engineer and the City Council may wish that storm sewer assessments could be justified simply by establishing a square foot charge, the law insists on a showing of a benefit in an amount at least equal to the assessment amount. It is sad, Eut true, that engineers and councils sometimes disregard this law. When they do the only recourse the property owner has is to appeal the assessment to the District Court. In such a case the property owner does bear the burden of showing that his propetty has not been benefited by the improvement. In the case of Project 473 that showing should be easy to make. About two-thirds of the project is in Section 28, not Section 22; moreover, the purpose is solely [o relieve a capacity problem on the low spot between 30 and 32 on Pilot Knob Road. This problem appeara to have its origin in the undereizing of a 27" sewerline through Carlson's Wilderneas Additiona to Carlson Lake. Had the line been installed at 36", the preject r,ow beii.g planned in Section 28 would not be necessary. The engineer did state at the July City Council meeting that the upgrading of Pilot Knob Road had been planned for 20 yeara. However, it seems fairly clear that the plan for a 27" sewer at this location has proved not to be adequate. To make it work for the Pilot Knob Road upgrading some of its presenC load has to be relieved. I don't know where Eagan could find an appraiser to testify honestly that this part of the project benefits anyone in Section 22. Mr. Tony Caponi 3 August 28, 1986 Alleviation of high water in Mooney Lake is the reason for the balance of the pro3ect. This does not benefit our properties in any way either. It is primatily related to the increase in water levels that will result from using Mooney as part of a chain of ponds for receiving Pilot Knob runoff. The cause of the present high water in Mooney Lake is street drainage from Hillside Addition which partially drains into Mooney. The pond basin could have held more water, but the elevation of the park path was apparently set too low. Remedying this problem by inatalling a deep sewer line to the pond in Patrick Eagan Park is not going to afford any basis for aeserting benefits to our land o* to most of the other land within Section 22. It is truly unfortunate that we again face the prospect of litigation with Eagan. This is especially so when the law on the matter le clear and aa understanding of it is readily obtainable from the cases. At the Council meeting we should stresa that to protect itself the City needs to get opinions from appraisers that market value of the assessed property will be increased by [he amount of the assessment as a result of these improve- ments and an opinion from its attorneys ae to the collectability of the assessments based upon the appraisal information. Perhaps this will cause the Council to reassess its posi[ion and the risks to its treasury by con- tinuing the policy of ignoring the basic legal principle that assessments cannot exceed the benefits to the asaesaed property. Yours very truly, ROONEY 6 NEILSON, LTD. _? ?LA?? THOMAS J. ROONEYI TJR/br Enclasures S?? ?? - ?9?G??-?.r-.? , ?y?i , ?-?-?-,- ?.?-?- Id ,? 2 > ? r ,l ?.Z ? 6z-1 (s c.?IvO- ?,.,..: rt, ? ?,?%C•',?c / /,/"`Git-t? G -'r?'?/ L' JO ? ? . ? 61,1) 4"2 . . z MEMO T0: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS $ RECREATION DATE: SEPTEAdBER 12, 1980 RE: CAPONI FENCE 1215' Co• Rd. 3 a Tom, thought I would keep you posted as to the progress that is being made, "or lack of progress made", on the issue of Caponi's fence. I've had the people from Midwest Fence out to the property about two weeks ago to review the fence and the correction's that they felt might be necessary and the work that Caponi felt would be necessary for him to be satisfied with it. I have written a letter to Midwest Fence asking them for cost breakdown as to what it would cost for repair, and for additional fabric to complete the agreement that was made with the purchase of the Rooney property. Preliminary indications are that the fence contractor would not be interested in doing any repair work because of the fence £abric used and the disposition of Mr. Caponi £or wanting something that appears to be extremely difficult to do when considering the terrain and existing vegetation. In any event, I should have some alternatives drafted for you and/or the Council to review within the next week or two. A determination as to how we want to proceed on this matter can then be made. ?-- ; ? LEO MOHPMY > MAYOR TMOMAS EGAN MARK PARRANTO JAMES A. SMITM THEOOORE WACHTER COVNCIL MEMBEP9 Mr. Tony Caponi 1215 County Road l130 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi: TMOMA$ MEOGE$ CITY ADMINIfTPATOR _ALYCE BOLKE QT CIEFK CITY OF EAGAN 3795 PILOT KNOB ROAO EAGAN. MINNESOTA -- - -, --asizz ---- PMONE 454-8100 March 30, 1979 The City of Eagan entered into an agreement with you on 11-6-78 concerning the construction of a fence,separating the South line of Patrick Eagan Park and the North line of your property lying Northerly of County Road #30. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terra3n and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and re[urning the letter to me for the permanent City files. You may keep a copy which has also 6een signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED: N 1 . THE LONE OAK TREE ... THE SVMBOL OF STRENGTM ANO GROWTH IN OUR GOMMUNITY. LEO MURPMY MAYON TMOMAS EGAN MARK PARHANTO JAMES A. SMITN TMEODORE WACMTER COUNCIL MEMBEFS ID ?/?AQD 4/(/ f ?TNOt?A9 MEOGES ? CM AOMIMIlTRAT.N CITY OF EAGAN 3786 PILOT KNOB ROAD EAGAN. MINNESOTA 59122 PMONE 654-l100 MKt?I ? FENCE AGREEMENT I, Anthony Caponi, fee title owner of property located ad215 ALVCE BOLNE CITY CLEflM Count Road 30; the north line of which is the south boundary of property owned by the City of Eagan and known as Patrick Eagan Park agree to allow the City to install a fence on my property on this common line above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. .? . _........... % ? ' %?/?, ?-• .? ?- ,, ?i-'? ? i %ie?•--F` ? .' ,i-Z vl. ? gned - ? ? witne ssed ,by?,?. Signed Dated: //- G - :78 TNE LDNE OAK TREE ... TME SYMBOL OF STRENGTH AND GROWTN IN OUR COMMUNITY. oF eagan 3830 PILOT KNQB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454-8100 FP,X:(614) 454-8363 April 2, 1990 Mft ANTHONY CAPONI 1215 COUNTY ROAD 30 EAGAN MN 55123 Re: Project 473, Parcel #10-02200-010-80 & Parcel #10-02200-010-84 Dear Mr. Caponi: THOHWSEGAN Mayor DAVID K. GUSTAFSON v,w.Ein McOZEn TIM PAWLENTY THEODORE WACHTER Council ydembers 7HOPM5 HEDGES C4y Adminisbator EUGENE VAN OvERBEKE City Ckfk As you may recall, on September 19, 1988, the City held a final assessment public hearing to discuss the adoption of special assessments against your property for the improvements associated with the above-referenced project. At that time, you had submitted a written objection to the proposed assessments. Subsequently, the City Council removed your particular property from the final adopted assessment roll and authorized its reconsideration based on a formal appraisal to be performed by the City of Eagan. Enclosed you will find a copy of the appraisal as prepared for your property in relationship to the benefits received from the above-referenced improvement. You will note that the appraised value either equals or exceeds the proposed amount of the special assessment. With all other statutory requirements and City policy/procedures properly followed, the City Council will be formally reconsidering the adoption of this special assessment at a formal City Council meeting on May 1, 1990. Enclosed you will find the formal notification for that public hearing. Recognizing that approximately 18 months has lapsed since this issue was last discussed, we felt it would be beneficial if we could review this information with you prior to formal consideration by the City Council on May 1. Therefore, I would appreciate it if you would contact Ms. Judy Jenkins, Engineering Secretary, to schedule an appointment during the last week in April. If, after your review of the enclosed information and our discussion, you still object to the proposed assessment, it will be necessary for you to pursue your concerns with a formal appeal through District Court as outlined in the attached notice. If you have any questions regarding this procedure, they can also be addressed at our scheduled meeting. Sincerel , cc: Joe Earley, Assistant City Attorney Deanna Kivi, Special Assessment Clerk -s,y--.-?..?Z homas A. Colbert, P.E. Director of Public Works TAC/jj THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal Opportunity/Affirmative Action Employer oF en 3830 PILOT KNOB ROAD, P.O. 80X 21199 ViC ELLISON EAGAN, MINNESOTA 55121 nnayor PHONE? (612) 454-8100 TMoMnS EGAN DAVID K. GUSTAFSON PAMEIA MCCRE4 SEPTEMBER 27, 1988 7HEODORE WACHiER CouricilMemben 7HOMAS HEDGES City ACminslmla ANTHONY CAPONI EUGENEVANOVERBEKE 1215 COUNTY ROAD 30 CiN Cie* EAGAN, MN. 55123 RE: Project 473, Final Assessment Objections Pilot Knob Road - Hilltop & Evergreen Park Add. Parcel 10-02200-010-80 <Parcel 10-02200-010-84; Dear Mr. Caponi: On September 19, 1988, the Council held the Final Assessment Hearing for the above referenced project. At that meeting, the completed improvements and their relation to your property along with your related assessment obligation were discussed. Subsequently, you submitted a written objection to the proposed assessments and, as a result, were removed from the assessment roll that was formally approved for certification to the County. Your specific assessment objection has been referred to the Special Assessment Committee for further review and evaluation. A specific meeting date has not been set at this time. It is subject to the City completing a property appraisal to evaluate the benefit received by your property in relation to the amount of the assessments. When this has been completed, a copy will be forwarded to you along with a notice of the Committee's meeting date. Any information (appraisals, comments, etc.) that you would like the Committee to consider should be forwarded to my attention for inclusion in their informational packet. The Special Assessment Committee will then forward a recommendation back to the Council to assist them in determining a final assessment for formal adoption and certification to the County for inclusion on the property tax statement. If you still have objections at that time, you will have to file a formal objection with the District Court and pursue the appropriate legal process. If this appeal is filed, the certification of your assessment will be held in abeyance subject to the Court's final ruling. ?l{ELpNE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIN Page Two September 27, 1988 It is anticipated that the Special Assessment Committee will meet in late Fall or early Winter (3-6 months). If you would like to review any aspect of this project or the proposed assessment in further detail, please contact me or my secretary and I will be happy to schedule a convenient time. Sincer y, 3'homas?A.? olbert Director of Public Works cc: Jim Sheldon, City Attorney Deanna Kivi, Special Assessment Clerk TAC/jj ? ; . ? , STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, vs. City of Eagan, DISTRICT COURT FIRST JUDICIAL DISTRICT ------------------------------------------------ ? La Appellant, PTICNOTICE OF APPSAL IINDSR ? l4INN. STAT. 5429.08? . J '? O Respondent. 5'1 n ? C.°t?S ?-----------------ok1? T0: The City of Eagan, a Municipal Corporation, Respondent I? ? above-named and to the Dakota County District Court: PLEASE TARE NOTICE that appellant Anthony Caponi, hereby appeals to the District Court of Dakota County, Minnesota, from the special assessments adopted by respondent City of Eaqan on the lst day of May, 1990. Appellant is the owner of the parcels of real property identified by the parcel numbers and leqally described as follows: Parcel No. 10-02200-010-80 The SWk of the SE4 of the SE4, Section 22, Township 27, Ranqe 23, Dakota County, Minnesota Parcel No. 10-02200-010-84 The SEk of the SWk of the SEk, Section 22, Township 27, Range 23, Dakota County, Minnesota This appeal is taken from the special assessments levied against the parcels named above for the local improvements to the 1 City of Eaqan deaczibed as follows: a Parcel No. 10-02200-010-80 Improvement Project No. 473 (Trunk area storm sewer) Asseaement Amount: $16,552 Parcel No. 10-02200-010-64 Improvement Project No. 473 t? (Trunk area atorm sewer) Assessment Amounts $16,552 The qrounds and reasona for the appeal include, but are not limited to: 1. The aBSessmente constitute a violation of and are contrary to (a) the due process and equal protection clauees of the United States Constitution, Amendment 14, (b) Section 7 of Article I and Section 1 of Article IR of the Constitution of the State of Minnesota, and (c) Minnesota Statutes Chapter 429, in that the assessments are unlawful and unconstitutional. 2. Said asaessments are unfair, unjust, arbitrary, capricious and contraxy to law. 3. The procedurea used in determining and adopting said assessments were contrary to law. 4. Some of the items of alleged costs included in the costs of the project were not proper cost itema to be specially assessed. 5. The notices required by Minnesota Statutes Chapter 429 for improvement hearinqs and assessment hearings were not qiven in accordance with applicable law, and the assesements are therefore unlawful and invalid. 2 6. The criteria used to determine said assessments were . not proper for the imposition of the special assessments, and as a result thereof, said assessments deprive the appellant of his property without due procese of law, contrary to the 14th Amendment of the United States Constitution and Article I. Section 7, of the Constitution of the State of Minnesota. 7. Appellant•a property has not been benefited in any way by the alleged improvements, and as a result thereof the aforesaid assessments are an unconstitutional deprivation and taking of private property without due process of law. 8. Appellant's property hae received no special benefit from the alleged improvements, and the fair market value of appellant's property has not increased as a result of the alleged improvements Dated: 1990. HE[[tT0('S , FLIISGSL, SISBEN, POI.R JONES J(?LaVffitDIffitS, P.A. By: vcv?yc u. Yl AViVJn Attorneys or Appellant 999 Westview Drive Hastings, PII8 55033 (612) 437-3148 3 STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, Appellant, v. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRZCT Court File No.: C2-90-7171 Case Type: Special Assessment Appeal RBSPONDENT'8 REQIIEST FOR PRODIICTION OF DOCIIMSNTS TO: Anthony Caponi, Appellant and George L. May, Hertogs and Fluegel, 999 Westview Drive, Hastings, Minnesota 55033, Attorney for Appellant. Respondent City of Eagan requests Appellant to respond within thirty days to the following requests: REQUEST No. 1: That Appellant produce and permit Respondent to inspect and to copy each of the following documents: a. All documents identified in the Answers to Respondent's Interrogatories. b. The inspection shall be made on January 10, 1991 at 9:00 a.m. at the offices of Severson, Wilcox & Sheldon, P.A., 7300 West 147th Page 2/RESPONDENT'S REQUEST FOR PRODUCTION OF DOCUMENTS City of Eagan-Caponi Street, 600 Midway National Bank Building, Apple Valley, Minnesota 55124; unless other arrangements can be made between the parties beforehand. Dated: SEVERSON, WILCOX & SHELDON, P.A. By: Joseph P. Earley Attorneys for Respondent 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 STATE OF COUNTY OF DAKOTA Anthony Caponi, Appellant, v. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C2-90-7171 Case Type: Special Assessment Appeal REBPONDENT'8 REQOSST FOR ADMISSIONS TO: Anthony Caponi, Appellant and George L. May, Hertogs and Fluegel, 999 Westview Drive, Hastings, Minnesota 55033, Attorney for Appellant. Respondent City of Eagan requests Appellant, within thirty (30) days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: a. That each of the following statements is true: 1. There are no procedural defects in the required assessment notices. 2. There are no procedural defects in the required assessment proceedings. 3. An opportunity was given for Appellant to object at public hearings and present evidence regarding lack of increase in fair market value due to special benefit conferred by the project. Page 2/RESPONDENT'S REQUEST FOR ADMISSIONS City of Eagan - Caponi 4. There was a public necessity for the improvements. Dated: _ SEVERSON, WZLCOX & SHELDON, P.A. By: Joseph P. Earley Attorneys for Respondent 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 Page 7/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi 16. Identify the person answering these interrogatories. Dated: SEVERSON, WILCOX & SHELDON, P.A. By: Joseph P. Earley Attorneys for Respondent City of Eagan 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 Paqe 5/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi 7. State fully all facts supporting your opinion as to market value set forth in your answer to Interrogatory Number 6, including: a. Zdentification of each document relating to the alleged market value; b. Identification of each person having knowledge of the facts relating to the alleqed market value. 8. Identify all persons not previously identified who have appraised, either in preliminary or finalized documented form, the market value of the property since the commencement of your ownership interest. 9. For each such appraisal, state the following: a. Date; b. Purpose of appraisal; c. Appraised value. lo. State with specificity the facts known to you which support your allegation that the assessment against your property denied Appellant equal protection under the law, including: a. Identification of each document relating to that allegation; b. Identification of each person having knowledge of the facts relating to that allegation. il. State with specificity the facts known to you which support your allegation that the assessment resulted in a taking of Appellant's property without due process of law, including: Page 6/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi a. Identification of each document relating to that allegation; b. Identification of each person having knowledge of the facts relating to that allegation. 12. State with specificity the facts known to you which support your allegation that the assessment did not properly assess the benefit conferred upon the property, including: a. Identification of each document relating to that allegation; b. Identification of each person having knowledge of the facts . relating to that allegation. 13. State with specificity the facts known to you which support your alleqation that the assessment did not benefit Appellant's property equal to costs assessed, including: a. Identification of each document relating to that allegation; b. Identification of each person having knowledge of the facts relating to that allegation. 14. Identify any persons whom the parties expect to call as an expert witness at trial and state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; c. A summary of the grounds for each opinion. 15. Identify all persons whom Appellant retained in anticipation of litigation or preparation for trial as an expert witness and who is not expected to be called as a witness at trial. Page 3/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi 4. Wherever in these interrogatories- Appellant is asked to identify a person, Appellant shall state (1) the person's name; (2) the person's present or last known residence address; (3) the person's present or last known business address; (4) the person's present or last known occupation, title and employer; and (5) the person's occupation, title and employer at the time of the event inquired about in these interrogatories. 1. Describe in detail the nature and extent of Appellant's ownership interest in the real estate which is the subject of this assessment appeal, including the following information for each parcel: a. Date on which acquired; b. Nature of ownership interest (whether fee title or other, if other, specify); c. Person or persons ffom whom acquired; d. Price paid. Specify the handling in the purchase agreement: (1) special assessments levied but unpaid, all special assessments pending but not yet levied or adopted; e. Name and address of real estate salesperson, institution, appraiser or real estate consultant and/or anyone else who appraised the property at the time of acquisition; f. Allocation of appraised value of property at the time of acquisition between real estate and the then existing developments and improvements. 2. Describe in detail all developments and improvements to the real estate since acquisition, including the following: Page 4/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi a. Description of buildings, commercial and residential and their respective dimensions and location on the property; b. Description of roads, curbing, driveways and other approaches, and walkways or sidewalks and the respective dimensions and location on the property; c. Date completed; d. Name and address of contractors or builders who constructed; e. Total cost. 3. Did you personally appear or were you represented at any of the public hearings held by the City in connection with the establishment of the local improvements and special improvements at issue herein? If so, state the date of your attendance and state whether or not you objected to either the improvements to be constructed or the special assessments to be levied. 4. As to each separate parcel of land upon which you are questioning the assessment, state your opinion, if any, as to the market value of the property immediately prior to the improvement. 5. State fully all facts supporting your opinion as to market value set forth in your answer to Interrogatory Number 4, including: a. Identification of each document relating to the alleged market value; b. Identification of each person having knowledge of the facts relating to the alleged market value. 6. As to each separate parcel of land upon which you are questioning the assessment, state your opinion, if any, as to the market value of the property immediately after the improvement. STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, Appellant, v City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST NDICIAL DISTRICT Court File No.: C2-90-7171 Case Type: Special ' Assessment Appeal RESPONDENT'8 AEQIIEST FOR INTSRRO(iATORIBB TO: Anthony Caponi, Appellant and George L. May, Hertogs and Fluegel, 999 Westview Drive, Hastings, Minnesota 55033, Attorney for Appellant. PLEASE TAKE NOTICE that the Respondent City of Eagan requests Appellant to answer under oath the following interrogatories within thirty (30) days from the date of service. These interrogatories are to be deemed continuing so as to require supplemental answers if Appellant obtains additional information between the time answers are served and the time of trial. Definitions 1. "Documents" as used in this request include: a. All communications, correspondence, memoranda, records, reports, real property appraisals -- preliminary or final, notes, drafts, minutes of ineetings, books, papers, computations, tabulations, schedules, lists, proposals, ledgers, journals, purchase orders, bills of lading, invoices, vouchers, accounts, checks, books of original entry, and other books or records, recordings or memoranda of conversations, diaries, calendars, drawings, blueprints, photostats, motion pictures, slides, photographs, sketches, charts, graphs, and other similar objects, or any other written or printed matter or tangible thing on which any words or phrases are affixed. Page 2/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan - Caponi b. Copies of such documents upon which appear any initially, notation, or handwriting of any kind not appearing on the original. c. Whether such documents were prepared by agents, representatives, attorneys or employees of Appellant, for their own use or for transmittal in any manner, or were received by any means by them. d. Wherever located, whether in the files of any agent, attorney, or employee of Appellant or in any file whatsoever in the possession or direction or control of the Appellant, agents, attorneys, representatives or any other persons retained by Appellants. 2. Wherever in these interrogatories Appellant is asked to identify a document, Appellant shall designate the type of document (i.e., letter, interoffice memorandum, report, etc.) and shall identify (1) information sufficient to enable the City of Eagan to identify the document, such as its date, the name of the addressee or addressees, the name of the signer or signers, the title or heading of the document, or other appropriate identifying information; (2) the identity of the persons to whom the original and all copies were sent; and (3) the present or last known location or possessor of the original of the document and of each copy thereof. 3. Wherever in these interrogatories Appellant is asked to identify a document which is deemed by Appellant to be properly withheld from production for inspection or copying on the ground of privilege, the listing thereof by title or subject heading, date, author, addressee, and persons copies is nevertheless required. CITY OF EAGAN BI-MONTHLY STATUB REPORT BY SEVERSON, WILCO% 8 SHELDON, P.A. DATESS 1/31/91 NAME OF FILE: CAPONI A88ESSMENT APPEAL PROJECT NDMHER: 473 ? CONTRACT NUMBER: 87-06 OIIR FILE N[TMHER: 206-8458 CONTACT PERBON: ANNETTE MARGARIT DATE: DESCRIPTIDN: 5/15/90 JPE received and reviewed Notice of Appeal. 6/22/90 RD received and reviewed trial notice - 9/13/90. 8/16/90 Trial has been continued to 11/19/90. 10/23/90 JPE analyzed drainage and benefit issues. 11/5/90 JFS consulted with Hedges regarding dismissal question. JPE consulted with Vraa regarding status and with Attorney May regardinq settlement. 11/6/90 JPE consulted with Vraa regarding Caponi Park proposal; sent settlement proposal to Attorney May and sent memorandum to Hedges regarding settlement issues. 11/8/90 JPE consulted with Vraa regarding status. 11/13/90 RD received and reviewed letter from Attorney May regarding continuance of hearing to early 1991. 11/14/90 JPE consulted with Hohenstein regarding status. 11/16/90 JPE consulted with Debbie and Attorney May regarding continuance. 11/26/90 RD and JPE received and reviewed calendar notice - continuance to 1/16/91. ' 12/3/90 RD received and reviewed Interrogatories/Admissions and Production of Documents. JPE prepared Interrogatories; Request for Documents and Request for Admissions. He reviewed Caponi discovery requests. 12/10/90 JPE consulted with Vraa regarding Caponi meeting; consulted with Attorney May regarding meeting; consulted with Vraa regarding May availability and with Attorney May regarding rescheduling meeting. 12/11/90 JPE consulted with Vraa regarding meeting. 12/17/90 JPE prepared Response to Caponi discovery. 12/26/90 JPE sent Parranto Appraisal to Attorney Krass; prepared Response to Request for Admissions and Response to Interrogatories. 12/27/90 JPE prepared Responses to Interrogatories and consulted with Foertsch regardinq the Interrogatories. He sent discovery materials to Attorney May. 12/28/90 JPE attended conference with Foertsch regarding Interrogatories., 1/7/91 JPE consulted with Vraa regarding Caponi meeting and attended conference with Caponi, Vraa and Colbert regarding assessments. 1/11/91 JPE consulted with George May regarding settlement; sent letter to May regarding Caponi meeting and consulted with Luann/Mary regarding continuance. 1/14/91 JPE consulted with May regarding continuance. 1/15/91 RD reviewed continuance to 7/16/91 with JPE and calendared. JPE consulted with Judge Caroler/Colbert/Vraa regarding continuance. 1/17/91 JPE received and reviewed Order for continuance. ML-CE(6``pklo 16 t?g0 SEVERSON, WILCOX& SHELDON, P.A. 1.ARRYS. SEVERSON• JAMES F. SHELDON J. PAIRICK WILCOX• 7'ERENCE P. DURAIN MICNAEL G. DOUGNERTY MICHAEL E. MOLENDA•• PAUL J. ST1ER A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANIL HUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESdfA 55121 (612) 432-3136 TELEFAX NUMBER 432-3780 KENNETH R. HALL •"*SC01T D. JOHNSTON JOSEPH P. EARLEY IAREN M.SOLFEST CNftISTINE M.SCOTILLO ANNETTE M. MARCARIT DANiEL M.SHERIDAN •AIAO LICEN9ED IN IOWA ^AL50 LICENSED IN WISCON5IN u.ALSO W CENSEOIN NEBAA9ISA August 15, 0 Mike F rtsch City f Eagan 38 Pilot Knob Road agan, MN 55121 RE: Rooney/Bergin/Caponi vs. The City of Eagan Eagan Project No. 473 Our File No. - 206-8533 Dear Mike: OFCOUNSEL: JOHN E. VUKEWCH Enclosed please find copies of interrogeratories request for production of documents and request for admissions in the above entitled action. Responses are due from the City on this discovery by September 1, 1990. After your review of these documents it would be beneficial if we could meet to formulate answers, as we did with the last request. I will contact you to schedule a convenient time for this meeting. Thank you. sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/mch 1,06: Tom Colbert, Public Works Director FIRST JUDICIAL DISTRICT io5c? a--rY / 7-7 -S Lo VD ?!- STATE OF MINNESOTA CARVER, DAKOTA, GOODHUE, LeSUEUR, McLEOD, SCOTT & SIBLEY COUNTIES CALENDAR NOTICE Issued date: 7/31/90 County of Dakota ATTORNEY: Division: James F. Sheldon FILE NO. C2907171 7300 W. 147th Street C0907315, C9907314 P.O. Box 24329 Apple Valley MN 55124 , RE: Anthony Capo v. City of Eagan t(3 ^ ni e- l- .L 1473 ? You are hereby notified that the above matter has been continued for the following: COURT TRIAL on 11/19/90 at 9:OOAM before the presiding judge at the following location: Dakota County Government Center, Hastings, Minnesota You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present. Judy Schnegelberger DEPUTY ADMINISTRATOR ASSIGNMENTS Phone (612) 438-4326 By: V All motfons must be made prior io the triai date. If the status of this case changes, immediate notice must be given to the Court Administrator's Office. PLEASE BE ADVISED THAT THE FOLLOWING CONTINUANCE POLICY IS IN EFFECT: One continuance wlll be granted by the Assignment Cierk with the consent of ali parties and for good cause shown. Subsequent requests for continuances must be made by a motion, unless all parties agree to have the case stricken trom the calendar. Before a continuance is grantad, a new trial date must be agreed upon by all panies and the assignment offlce. pac ao5a . vgg FIRST JUDICIAL DISTRICT R1:CE1?VS1) Jt!?`? ? ? STATE OF MIN?ipSCJ?TIMO CARVER, DAKOTA, GOODHUE, LeSUEUR, McLEOD, SCOTT & SIBLEY COUNTIES zssuea date: 6/20/90 CALENDAR NOTICE County of Dakota ATTORNEY: James F. Sheldon 7300 W. 147th Street P.O. Box 24329 Apple Valley MN 55124 RE: Anthony Caponi FILE NO. C2907171 v. City of Eagan Division: You are hereby notified that the above matter has been set for the following: COURT TRIAL on 9J13/90 at 9:OOAM before the presiding judge at the followinq location: Dakota County Government Center, Hastings, Minnesota You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present. Judy Schnegelberqer DEPUTY ADMINISTRATOR ASSIGNMENTS Phone (612) 438-4326 By: In cases where the initial Note of Issue requests a court trial and any other party to the action demands a jury trial, said party must comply with the requirements set out in M.S.A. Section 987.23, Subd. 3(b); otherwise, it shall be determined to have waived its right to a jury trial as authorized by M.S.A. Section 487.23, Subd. 3(c) and M.S.A. Section 487.191. All motions must be made prior to the trial date. If the status of this case changes, immediate notice must be given to the Court Administrator's Office. PLEASE BE ADVISED THAT THE FOLLOWING CONTINUANCE POLICY IS IN EFFECT: One continuance will be granted by the Assignment Clerk with the consent of ail parties and for good cause shown. Subsequent requests for continuances must be made by a motion, unless all parties agree to have the case stricken from the calendar. Batore e continuance Is granted, a new triat date must be agreed upon by all parNes and the essignment oifice. pdi 4052 2189 ucr.100 ?4?nj w?a a r+:w cIVr. Dw.wp rGEORGE L. MAY nTTORNEY AT LAW 999 WESTVIEW DR HASTINGS MN 55033 L F JAMES F. SHELDON ATTORNEY AT ALW 7300 WEST 147TH ST 1 PO BOX 24329 '-PPLE VALLEY MN 55124 tF t ?y, G e _.?• .., S7ATE OF MINNESOTA COUNIY OF DAKOTA NOTICE OF; .Y,,FILING OF ORDER ? ENTRY OF JUDGMENT O DOCKETING OF JUDGMENT Couri Flie No.; C2-90-7171 _ !N R E: ANTHONY CAPONI VS CITY OF EAGAN J9f YOu " horoby notlfled {hat pn JANUARY 15TH 91 wai duly fllad !n the nbove entltied mplter. e an oroar ? You ere hereby nollfled ihat on _ wae duly enlerocl In Ihe abova antitlad mattar. s ° Judemenl C7 You are hereby notifled that on was duly dockatod In the ebove onllUad mntter In tha amount ot S , t 8 a Judflmant - A true end corroct copy of lhls Nollce has been servetl bymsll upon tha paAlea namad heraln at the Ieat known addreaa o( esch, pursuanl lo Mlnnasota Rulas o( Clvll Prxedura, Rule 77.0q, Dated• JANUARY 15TH, 1991 JUDY SCHNEGLEBERGER ASSIGNMENT CLERK DAKOTA COUNTY .TUDICIAL CENTER 1560 HWY 55 HASTINGS MN 55033 ROCER N. SAMES ------ ------ Adminlstralo &b?' r e puty couRr aDMiMsTRA,OR DAKOTq COUNTY, MINN. F I(,[ D JAN 1;'- 199! ? ER w• SAMES WCA.,., CLfqK EPUry STATE OF MINNESOTA COUNTY OF DAIiOTA Anthony Caponi, COURT ADMINlSTRAiOR DAKO?A COlIh1TY, MINN. L ,11=?N 1:, 1991 Efl W. SAMES, CL'_RK DEPUTY DISTRICT COURT FIRST JUDICIAL DISTRICT Appellant, ; File No. C2-90-7171 vs. ; ORDER City of EaQan, a municipal ; corporation, Respondent. ? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- The above-entitled matter came on for hearinq before the undersigned Judge of District Court on the .joint motion of both the A»pellant and the Respondent for a continuance of the trial date in the above-entitled matter scheduled for January 16, 1991. The parties applied by telephone conference call. for the above-described relief. Joseph Early, Esq., appeared on behalf of Respondent. George May, Esq., flppeared on behalf of Appellant. IIoth parties represented to the Court that the,y were in the process of waitinK out a structured settlement of the case but would need additional time to resolve the matter. IIoth parties ssQreed that the trial could be continued to 9:00 a.m. .7uly 16, 1991 at the Dakota Count.y Judicial Center, Hastinr:s, Minnesota. i 1 NOw THEREFORB, IT IS HEREBY ORDERED that the trial o£ the above-entitled matter is continued from 9:00 a.m. Janiiary 16, 1991 to 9;00 a.m. JtilY 16, 1991 at the Dakota County Judicial Center, HastinRs, Minnesota. DATED: Januar.y 15, 1991 IIY THE COURT: Robert F. Caro an JudKe of District Court 2 M E M O R A N D U M TO: Tom Colbert, Public Works Director Ray Connelly, Ray Connelly Realty FROM: Joe Earley, Assistant City Attorney DATE: January 21, 1991 RE: Anthony Caponi v. Eagan - Assessment Appeal Eagan City Project Nc. 473 Our File No. 206-8458 . Enclosed herewith for your information please find a copy of Notice of Filing of Order and Order rescheduling the trial date in connection with the above-referenced matter. Please be available to testify on this new date. If you have any questions or concerns regarding this, please feel free to contact me. JPE/djk Enclosure R'- c SEVERSON, WILCOX & SHELDON, P.A. January li, 1991 LARRYS.SEVER50N• JAMES F. SHELDON J. PATRICK WILCOX' MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA'• 'AL50 LICENSEO IN ]OWA "ALSO WCENSED IN WISCONSIN ... AL50 LICENSED IN NEBRASKA Mr. George May Attorney t Law 999 Wes view Drive Hast'?{igs, MN 55033 A PROFESSIONAL ASSOCIATION ATfORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUiLDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESO'PA 65124 16121 432-3136 TELEF.47C NUMBER 432-3780 "'H i KENNETH R.HALL ""SC07T D.JOHNSTON dOSEPH P. EARLF,Y IAREN M.SOLFFST CHRISTINE M. SC07'1LL0 ANNETTE M. MARCARIT DANIEI, M. SHERIDAN RE: Anthony Caponi v. City of Eagan Eagan City Project No. 473 Our File No. 206-8458 Dear George: OFCOLINSEL: JOHN E. 4VICELICN The purpose of this letter is to recap the discussion between our clients during our meeting on January 7. During the meeting, Mr. Caponi expressed his concern that he was being discriminated against with respect to the Bergin and Rooney parcels. You also raised the issue that since Mr. Caponi's property would ultimately be a sculpture garden, Mr. Connolly's appraisal was no longer valid due to his assumption of highest and best use being single family development. The City in turn renewed their settlement offer of assessing only the first acre of each of Mr. Caponi's parcels for a total of $4,356.00; the remainder of $28,748.00 would be deferred until a change of use in Mr. Caponi's property subject. to proof of benefit. Mr. Caponi stated that even the $4,356.00 would be too much. At the conclusion of our meeting, the parties jointly agreed to take further steps, those being as follows: 1. Move the Court for a continuance of the January 16, 1991 trial date in order that the parties may in fact determine if the sculpture garden concept is viable and if so, to finalize all paperwork. 2. Mr. Caponi will agree to accept the offer of the City with the $4,356.00 in assessments to be levied. This assessment would be payable when Mr. Caponi's property loses its Green Acre status. At this time, it is assumed that the foundation would then be Mr. George L. May January 11, 1991 Page Two responsible for the payment of the assessments. If at this time the Caponi property is a sculpture garden, the City will either forgive or assume the responsibility for this $4,356.00 assessment amount. We concluded the meeting with the understanding that we would closely examine these options in order to amicably resolve this matter. In any event, 2 feel we should move the Court for a continuance as soon as possible. I look forward to hearing from you. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/djk cc: Ken Vraa, Parks Department _)ro-m Colbert, Public works Department SEVERSON, WILCOX & SHELDON, P.A. LAitRYS. SEVERSON• JAMES F. SHELDON J. PATRICK WILCOX• MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA•• 'AGSO LICENSEO IN IOWA ••A4i0 LICENSED 1N WISCONSM ... AI.SO LICENSED IN NEBRASI(A APROFESSIONAI.ASSOCIATION ATfORNEYS AT LAW 600 MIDWAY NATIONAL BANK OUILDING 7300 WEST 1477'H STREET APPLE VALLEY, MINNES07'A 55124 (612) 432-3136 TELN:FAX NUMBER 432-3780 KF,NNETN R. HALI. "'SC07'f D. JOHN57'ON JOSEPH P. F.ARI.EY LOREN M. SOLFF.ST CHRISTINE M, SCOTILIA ANNETTE M. MARGARIT OANIF.L M.5HERIDAN OFCOIMSF.6. JONN F.. Vl!KF.I.ICII December 27, 1990 Mr. George May Hertogs a Fluegel 999 West iew Drive Hastikrgs, MN 55033 RE:'Caponi v. Eagan Court File No. C2-90-7171 Our File No. 206-8697 Eagan City Project No. 473 Dear Mr. May: Enclosed please find our response to your interrogatories and request for admissions in the above-captioned matter. The documents you requested in your request for production of documents are on file with the City. As these documents are public, they must remain at City Hall and cannot be delivered to your office as you requested. They are, however, available for inspection at any time between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Please let us know what times would be convenient for you to inspect these documents and we will make arrangements. Please contact me with any questions or concerns. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. -' Joseph P. Earley JPE/djk Enclosures cc: M'ke Foertsch, Assistant City Engineer m Colbert, Public Works Director , - ?- ? R: - ?..? ?i . MEDSORANDUM TO: Tom Colbert, Public Works Director FROM: Joe Earley, Assistant City Attorney DATE: December 5, 1990 RE: Caponi v. Eagan Assessment Appeal Court File No. C2-90-7171 Our File No. 206-8458 Enclosed herewith for your information please find the following documents in connection with the above-referenced matter: 1. Respondent's Request for Admissions; 2. Respondent's Request for Interrogatories; 3. Respondent's Request for Production of Documents. If you have any questions or concerns regarding this, please feel free to contact me. JPE/djk Enclosure ? oF eac-lan 3830 DILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454-8100 fqX: (614) 454-8363 April 2, 1990 MR ANTHONY CAPONI 1215 COUNTY ROAD 30 EAGAN MN 55123 Re: ProJect 473, Parcel #10-02200-010-80 6 Parcel 010-02200-010-84 Dear Mr. Caponi: T110N?S EGAN Meyor DAVID K GUSTAFSON DANELA MCQEEA TIM DAWlEN1Y nieoDoae wna+rEa CWnCiI M4rti6eR T/iOMAS HEDGES Crty Adminrsttaror El1GENE vAN OVERBEKE Gy Ckrk As you may recall, on September 19, 1988, the City held a final assessment public hearing to discuss the adoption of special assessments against your property for the improvements associated with the above-referenced project. At that time, you had submitted a written objection to the proposed assessments. Subsequently, the City Council removed your particular property from the final adopted assessment roll and authorized its reconsideration based on a formal appraisal to be performed by the City of Eagan. Enclosed you will find a copy of the appraisal as prepared for your property in relationship to the benefits received from the above-referenced improvement. You will note that the appraised value either equals or exceeds the proposed amount of the special assessment. With all other statutory requirements and City policy/procedures properly followed, the City Council will be formally reconsidering the adoption of this special assessment at a formal City Council meeting on May 1, 1990. Enclosed you will find the formal notification for that public hearing. Recognizing that approximately 18 months has lapsed since this issue was last discussed, we felt it would be beneficial if we could review this information with you prior to formal consideration by the City Council on May 1. Therefore, I would appreciate it if you would contact Ms. Judy Jenkins, Engineering Secretary, to schedule an appointment during the last week in April. If, after your review of the enclosed information and our discussion, you still object to the proposed assessment, it will be necessary for you to pursue your concerns with a formal appeal through District Court as outlined in the attached notice. If you have any questions regarding this procedure, they can also be addressed at our scheduled meeting. Sincerel cc: Joe Earley, Assistant City Attorney Deanna Kivi, Special Assessment Clerk ?.y.s u..7 ?t If/ho A. Colbert, P. 4?E. Director of Public Works TAC/jj THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GRONRH IN OUR COMMUNIN Equal Opportunily/Affirmative Action Employer A CITY OP EA6AN POTICE OP BPBCIAL 71SSESSIETIT Project i 473 TLe EA6AA CITY CoUNCIL xill aest oa tLe ist dap of INp, 1990, at the Eagaa Nuaieipal Center, 3830 Pilot ICaob Road, Eagan lOt, to approve and adopt tLs listed spscial assessueats against the iollowiag describad properLp: 30 02200 010 80 Anthony Caponi 1215 County Road 30 Eagan MN 55123 TLa special acsessmeats ara: TOT71L TYPE OF INPROVEMENT S A pRINCIPAL Trunk Area Storm Sewer 2048 TOTIIT. 16,552.00 AtiliU71I. pRINCIPAL 1,103.46 $16,552.00 $1,103.46 TIRST Y811R INTEREST 2,482.80 $2,482.80 lIRST YbAR INSTALIiEKNTS 3,586.26 $3,586.26 , ioa aap pay any poztioa of these spseial assessieats rithin thirip (30) days, speeifieallp . oa or befors the lst dap of Jssae, 1990, ritIIout interest at the Eagaa 1luaieipal Canter. Ii zou pap after tba thirtp (30) dap pariod, but prior Lo October 15, 1990 interest will be chargaC from ltap 1, 1990 to Deceaber 31, 1990. AfLer Octobsr 16, 1990 tpe first Ieazs iastalLeats eaanot be prepaiE aad it iaclndes intsrest froa Ilap 1, 1990 to ftcaber 31, 1991. 11np napaid portioa rill ba collected ia anawl iasialUeata of principal aad intsrest for the aart 15 2EaRb oa 7our future property tax ttatb?nts uhicL xill be issuad throngL LIIe Dakota Couatp ]?uditor•s oflics. T6a anaual iastal].aoaLs iaclude iaiore:t at LLe sate of 9 Pot Ca2 per year oa tLa uapaid balaace. NT HEARING PROJECT N0. 473 - PILOT KNOB ROAD TRUNK STORM SEWER IMPROVEMENTS ° CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in Baid City on May 1, 1990 at 7:00 p.m. to consider the proposed assessment of trunk storm sewer improvements relating to Improvement Project No. 473 in the following described area: The south half of Section 22, Township 27, Range 23 - Parcel Nos.: 10-02200-014-54, 10-02200-012-86, 10-02200-010-80, 10-02200-010-84, 10-02200-016-54 and 10-02200-011-85. The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. The total amount of the proposed assessment is $60,164.00. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the hearing or presented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the llayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. .;, I. CITY OF E71G11N FOTICE OF 6PECIAL II558SSIEiT projeet #' 473 Tha E]?6Ax CITY COt7NCIL rill aeet oa the Sst dap ot Itap, 1990, at the Eagaa Muaicipal Gatar, 3630 Pilot 1Caob Road, Eagan IR1, to approva and adopt LLa lisied apecial assessients agaiast the followiag deccribed propertyt 10 02200 010 84 Anthony Caponi 1215 County Road 30 Eagan MN 55123 The tpscial assa:smeats are: TOTAI, 11111iIJAI. TSPE OF I1dPROVEMENT 8 A PRINCIPAL pRI1PCIPAL Trunk Area Storm Sewer 2048 ToTAi. ;16,552.00 ¢1,103.47 $16,552.00 #1,103.47 lIRST YSAR INTEREST #2,482.80 ¢2,482.80 tIRST YEAR INSTALL?ffiliTS $3,586.27 ¢3,586.27 Tou aep pay aay portion of these speeial assessaants withia thirty (30) days, spseificallp on or before the lst dap of Juae, 1890, rithout intarest at the Eagaa Municipal Gater. If 7ou pay after tha thirty (30) day period, bnt prior to Oetobsr 15, 1990 iatarest Mill bs eharged irom May 1, 1990 to Decaaber 31, 1990. IIftar Octobar 15, 1990 the firsi 7ears installaents eaanoL bs prepaid and it iacludes intsrsst from 1[ay 1, 1990 to Deeamber 31, 1991. aap napsiG portioa rili be eollectoC in aanwl instalLants of priaeipal aad ialerest for the nazt 15 lEaRS oa youz fntnra proparty taz stataaents whicL rill be issusd through the Dakota Couaty 1ludiior's office. Tha annw] iastallaeaLS ineluda intaresL at the rate of 9 Pat C6lt per year oa the uapaid balwes. NOTICE OF ASSESSMENT HEARZNG PR07ECT NO. 473 - PIIAT IINOS ROAD TRUNK STORM SEWER IMPROVEMENTS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eaqan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Rnob Road, in eaid City on May 1, 1990 at 7:00 p.m. to consider the proposed assessment of trunk storm sewer improvements relating to Improvement Project No. 473 in the following described area: The south half of Section 22, Township 27, Range 23 - Parcel Nos.: 10-02200-014-54, 10-02200-012-86, 10-02200-010-80, 10-02200-010-84, ' 10-02200-016-54 and 10-02200-011-85. The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. The total amount of the proposed assessment is $60,164.00. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless , a written objection, siqned by the affected property owner, fs filed with the City Clerk prior to the hearing or presented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. ` DRAINAGE AND UTILITY EASSM&NT IN CONNECTION WITH EAGAN CITY PROJECT NO. 607 1111.498 THIS EASEMENT, made this L" day of aYL , 1993, between Anthony Caponi and Cheryl Caponi, husband and wife, hereinafter referred to as "Landowners" and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to as the "City". W I T N E S S E T H: 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, a permanent drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: A 20 foot permanent easement purposes over, under and acros of the Southwest Quarter of Section 22, Township 27, Minnesota, being 10 feet on described as follows: for drainage and utility s that part of the East Half the Southeast Quarter of Range 23, Dakota County, each side of the centerline PA (d Commencing at the southwest corner of the West Half of the Southwest Quarter of the Southeast n Quarter of said Section 22; thence North 89 N? degrees 45 minutes 40 seconds East, qrid bearing, Dakota County Coordinate System, along the south ' line of said Southeast Quarter of Section 22 a N distance of 662.88 feet to the southwest corner of said East Half of the Southwest Quarter; thence North 0 degrees 06 minutes 40 seconds West along the west line of said East Half of the Southwest Quarter of the Southeast Quarter, a distance of 129.19 feet to the point of beginning of the centerline to be described; thence North 32 degrees 50 minutes 09 seconds East, a distance of 82.40 feet; and said centerline there terminating. This permanent easement contains 1648 square feet more or less. And a temporary construction easement over, under and across that part of said East Half of the Southwest Quarter of the Southeast Quarter of Section 22 which lies between 10.00 feet and 20.00 feet left and lying between 10.00 feet and 20.00 feet riqht of the above described centerline. ??'? !?f? f,? {) This temporary easement contains 1648 square feet more or less. The temporary easement shall expire on August 1, 1995. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for drainage and utility purposes includes the rfght of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; the right to allow the flowage of water over, upon and aaross the Landowners' property, without liability, and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowners, their heirs and assigns, do covenant with the City, its successors and assigns, that they are the Landowners of the premises aPoresaid and have qood right to grant and convey the easement 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. ?tit, l Anth `Caponi ova ( 6tDv%--' Cheryl /chapon-i STATE OF MINNESOTA ) ) ss. COUNTY OF'--'/?,Cl'T,2 ) 17-g day of 1993, before me a Notary On this / Public within and for said County, personally appeared Anthony Caponi and Cheryl Caponi, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledqed that they executed the same as their fre? aat and deed. ,w ?-?.? ? ?o??«=rr? No ary Public e? ? x ? m t. ? 9 Sw COR. w"2 - Sw "q - SE "q U, • SEC. 22, T.27. R.23 . . \ r ? ? z m z ? m ?u r*i iv a ? • tn m t w a i o i ? ... NO'06'40"W ? 129.19 ?- ' W. L(NE E1'2 - SW 11a - SE 1/a - - - - - i i i i i i ^4 •O' oo c`_`l.?i P.O.B. N3 82 - 20' PERM. ESMT. 70'TEMP, ESMT. P.O.B. = POINT OF BEGINNING D 8 U= DRAINAGE AND UTILITY ESMT. = EASEMENT . , ?.:,. oto-e4 ANTHONY 6 CMENYL C1lPON1 • , .? z I r Z m I LA m . I i i ? .? -1911.13--, ? v'J C M ??,?}) o ) t?u q •: ?: - 3 ?• ? - I SGLf : .1"- 109 iEET OrOw Br: DOtE: OIML N0. Orf . M0" TIUO WENF.ff sKETCH SuA?l?n 98'1 Mq?ron Y ?aooie/u.leo. CPl'Y PROdEC'I' NO.07 2 J.M. R /07/93 4772.30 °"""'• "`w?"' ° "'°'•'Q?'M EAOAN. MINNffi07'A . 93-1.DGN APPROVED AS TO FORM: ? ..? ity Attorne ' f'ce Dated: i APPROVED AS TO CONTENT: Public Works Department Dated: . MA?RGF4- 15, 1493 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 ° MGD/wkt ? io -v,?aaa -o/0 -Py oF eac ian 3630 DILOT KN08 ROAD Ju]Y 11, 1991 EAGAN, MINNE507A 55124-1897 GHONE: (674) 4513100 FAX: (612) 454-6363 Severson, Wilc€x & Sbeldan Annette N4argarit, Attorney 7300 W. 147th St. P.O. Box 24329 Apple Valley, MN 55124 Re: Caponi Assessment Appeal Court File #C2-90-7171 Dear Margarit: 7HQW5 EGAN hbyor DAVID K. GUSTAFSpN DM+EL4 +.KQ1EA TIM PAWiEMY THEODORE WACHiER Cwntil Memb¢rz THOMAS HEDGES CM Atlministratw EUCf7JE VAN OVERBEKE Crty Ckrk Today, I shared your memo dated June 28, with Mr. Caponi and his wife Cheryl. Mr. Caponi is in agreement with the solution stated in your memorandum. We did briefly discuss some of the other options for the resolution to this issue, which tended to be a re-review of the past altematives that we have discussed. Mr. Caponi concluded that this appears to be the best solution to this issue. It is my understanding that you have talked to Mr. Tom Colbert, Director of Public Works, prior to his departure for vacation and he is also agreeable to this solution. Given that Mr. Caponi is in agreement, I presume we can proceed to the next step. I am not certain what the next step will be, but presumably it will involve notification to the courts that we do have an agreement and that we in the City and Mr. Caponi will be submitting some type of settlement document in regards to this issue. Again, this is a presumption on my part. I will leave it to you to take care of whatever is necessary to clear this issue up. By copy of this memorandum to Mr. Caponi, I wil] be alerting him to the fact that you have intentions to proceed with this notification. Thanks for your assistance. Since ? Ken Vraa Director of Parks & Recreation KV/bls cc: Mr. & Mrs. Caponi Tom Colbert, Director of Public Works Tom Hedges, City Administrator THE IONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal Opportuniry/Aff: r. nctive Action Employer MEMO TO: KEN VRAA FROM: ANNETTE MARGARIT RE: CAPONI ASSESSMENT APPEAL COURT FILE #C2-90-7171 DATED: JUNE 28, 1991 RFCEl4'ED ,!Cri 2 rggr After I left our June 27 meeting with Tony Caponi, I discussed the situation with Mike Dougherty and we believe we have a possible solution to the assessment conflict. The assessment roll indicates that Mr. Caponi's two parcels are beinq assessed for trunk area storm sewer, each for $16,552.00. Michael recommended that this assessment be postponed until the property is connected to the City's storm water drainage system. Pursuant to Section 3.07 of City of Eagan Code of Ordinances, the City charges a fee for connecting to its storm water drainage system. The connection fee is the same as the trunk area storm sewer fee. Thus, the City would receive its assessment if, at some time, Mr. Caponi's property is connected to the storm sewer drainage system, thus increasing the burden on the system. If his parcel is never connected to the system, the City would not receive any assessment. Please contact me so that we can solution. further discuss this possible cc: Tom Colbert . RESOLIITION OF CITY OF EAGAN ADOPTING SETTLEMENT AGREEMBNT WHEREAS, Anthony Caponi is the owner of property in the City of Eagan with Parcel numbers 10-02200-010-80 and 10-02200-010-84 ("Subject Property"); and WHEREAS, on September 19, 1988, the Subject Property was assessed by the City of Eagan for trunk area storm sewer improvements through Public Improvement ProjeCt No. 473; and WHEREAS, Anthony Caponi brought an action in District Court appealing the sum of the assessments known as Anthonv Canoni v. Citv of Eacxan, Dakota County District Court File No. C2-90-7171; and WHEREAS, the parties have agreed to settle this dispute according to the terms described in the attached Stipulation for Settlement. NOW THEREFORE, BE ZT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement resolving the Caponi Assessment Appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. y: Thomas A. Its: Mayor Attest: By:J. VanOverbeke Its. City Clerk Dated: November 7, 1991 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT --------------------------------- Case Type: Special Assessment Appeal Anthony Caponi, Court File #C2-90-7171 Appellant, V. STZPULATION AND ORDER FOR JUDGMENT City of Eagan, A Municipal Corporation, Respondent. WHEREAS, Appellant Anthony Caponi owns property legally described as SW 1/4 of SE 1/4 of SE 1/4, Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No. 10-02200-010-80 and SE 1/4 of SW 1/4 of SE 1/4 of Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No. 10-02200-010-84 ("Subject Properties"); and WHEREAS, the Subject Properties were assessed by Respondent City of Eagan ("City") on September 19, 1988, each for the sum of $16,552.00 for trunk area storm sewer improvement through Public Improvement Project No. 473; and WHEREAS, Appellant brought an action in District Court appealing the sum of the assessments, known as Anthonv Caooni v. Citv of Eaaan, Court File No. C2-90-7171; and WHEREAS, the above-referenced action was consolidated with Thomas D. Bergin, et al v. Citv of Eaaan, Court File No. CO-90-7315 and Thomas J. Roonev v. Citv of Eaqan, Court File No. C9-90-7314 pursuant to the Court's Order of July 20, 1990; and Page 2/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi WHEREAS, the parties have resolved the assessment dispute. NoW, THEREFORE, the parties do hereby enter into the followinq: 1. The trunk area storm sewer assessment for the property identified as PID No. 10-02200-010-80 in the sum of $16,552.00 shall be dismissed by the City. 2. The trunk area storm sewer assessment against the property PID No. 10-02200-010-84 in the sum of $16,552.00 shall be dismissed by the City. 3. If and when the parcel PID No. 10-02200-010-80 shall be connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 4. If and when parcel PID No. 10-02200-010-84 is connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 5. Appellant agrees that this Agreement shall bind all his heirs, successors, assigns and agents. 6. The City shall direct the Dakota County Treasurer to remove the assessments from Appellant's real estate tax statements. , Page 3/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi 7. Following execution of this Stipulation, the parties agree this action, Court File No. C2-90-7171 shall be dismissed with prejudice. Dated: /l 7- 9/ Dated: z2uK-.7&- 1991 Dated: ,&hl, yf/ - 1921 APPROVED AS TO FORM: City Attoxney's fice Dated: = .5ee4 /a . APPROVED AS TO CONTENT: -Anfbh4 1 ( ?/?-? ? l,b/r4 . Piblic Works Department Dated: ORDER FOR JUDGMENT The attached Stipulation constitutes the order of this Court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: By: Judge of District Court , Page 4/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi I certify that the above Order constitutes the Judgment of the Court. JUDGMENT ENTERED AND FILED THIS DAY OF , 1991. (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy OF 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55142-1897 PHONE: (614) 454-8100 FAX:(614) 454-8363 November 22, 1991 ANNETTE MARGARIT SEVERSON WILCOX SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Project 473 PBrCflls 10-02200-010-80 & 10-02200-010-84 Dear Annette: TI-bNJS EGAN hlayor DAVID K. GUSTAFSON PNAf1AhYOtEA TIM DAWIENTY THEODORE WACHIFR Council Memher5 TFION?.5 HEDGES Ciry AtlminStrator Q1GFJdE VAN OVFRBEKE Ciry Clerk I am returning to you one fully executed Resolution and Stipulation and Order For Judgement. After signature by the Judge on the Stipulation Agreement, please return one copy to the City for our files. Should you have any questions, please do not hesitate to contact us. Sincerely, r , . ?,r•?ia_ .-4 J dy M} ?nkins y ;?ging Secretary /jmj Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equul OpportunNy/Affirmative Actlon Employer STATE OF MINNESOTA COUNTY OF DAKOTA --------------------- Anthony Caponi, Appellant, v. City of Eagan, A Municipal Corporation, Respondent. ?i?a 4 ,?1Y r+ O y DISTRICT COURT FIRST JUDICIAL DISTRICT ---- Case Type: Special L ; Assessment Appeal Court File #C2-90-7171 . r... W ;; e??iJ? fSo STIPULATION AND ORDER FOR JUDGMENT AND JIIDGMEIiT Fce tMs 1774 ?/ Oi 79 .(? (IUuER W. S.Wwt AErtwu; d?Y ra« By oErurr WHEREAS, Appellant Anthony Caponi owns property legally described as SW 1/4 of SE 1/4 of SE 1/4, Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No. 10-02200-010-80 and SE 1/4 of SW 1/4 of SE 1/4 of Section 22, Township 27, Range 23, Eagan, Dakota County, Minnesota, PID No. 10-02200-010-84 ("Subject Properties"); and WHEREAS, the Subject Properties were assessed by Respondent City of Eagan ("City") on September 19, 1988, each for the sum of $16,552.00 for trunk area storm sewer improvement through Public Improvement Project No. 473; and WHEREAS, Appellant brought an action in District Court appealing the sum of the assessments, known as Anthonv Caponi v Citv vf Eaaan, Court File No. C2-90-7171; and WHEREAS, the above-referenced action was consolidated with Thomas D. Berain, et al v. Citv of Eagan, Court File No. CO-90-7315 and Thomas J. Roonev v. Citv of Eaaan, Court File No. C9-90-7314 pursuant to the Court's Order of July 20, 1990; and /Page 2/ST2PULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi WHEREAS, the parties have resolved the assessment dispute. NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment for the property identified as PID No. 10-02200-010-80 in the sum of $16,552.00 shall be dismissed by the City. 2. The trunk area storm sewer assessment against the property PID No. 10-02200-010-84 in the sum of $16,552.00 shall be dismissed by the City. 3. If and when the parcel PID No. 10-02200-010-80 shall be connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 4. If and when parcel PID No. 10-02200-010-84 is connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 5. Appellant agrees that this Agreement shall bind all his heirs, successors, assigns and agents. 6. The City shall direct the Dakota County Treasurer to remove the assessments from Appellant's real estate tax statements. .,? ,f Page 3/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi 7. Following execution of this Stipulation, the parties agree this action, Court File No. C2-90-7171 shall be dismissed with prejudice. Dated: /f 7- 9/ Dated: 30- 19-g1 Dated: &L 7 D' l'm APPROVED AS TO FORM: ? City Atto ney's fice Dated: . See-f /-2. , APPROVED AS TO CONTENT: Pldblic Works Department Dated: l(-S- 9/ - - r A 1 ORDER FOR JUDGMENT The attached Stipulation constitutes the order of this Court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: l7QCt?rbCr /?/'7?/f?/ By: udge of istrict Court JIID I HEREBY CERTIFY THAT THE ABOVE ORDER FOR JOD(affiTf CONSTITOTES THE JUD(aIENT OF THE COIIRT. DATED: DECE!ffiER 17TH 1991 BOGER N. SAMES (gg,AL) COIIRT ADPflAISTRATOR BY CZ6LViv DEPDTY CLERK '. . a &c 1 WAIVER OF ASSESSMENTS Po 1 Z(s co /Rd 30 !fl-o2zoo -o/o-SY WHEREAS, the undersigned are the fee owners of the property Fl legally described on Exhibit "A" attached hereto; and WHEREAS, the undersigned have agreed with the City of Eagan to certain terms and conditions to allow for the construction of a pedestrian tunnel under Diffley Road which tunnel directly benefits. the undersigned, their successors and assigns, all as set forth and contained in a document entitled Joint And Cooperativ Agreement For Access To The Caponi Art Park dated March ?, 1993 (the "Agreement"); and WHEREAS, pursuant to the Agreement the undersigned have agreed to the payment of certain costs and expenses associated with the construction of the tunnel; and WHEREAS, pursuant to the Agreement and prior to awarding the contract for construction of the tunnel the undersigned are required to pay to the City a portion of the cost to be borne by the undersiqned as identified in the Agreement; and WHEREAS, the undersigned have agreed to the assessment by the • City of any and all costs to be paid by them, as identified in the Agreement, for which their initial payment does not cover, to be levied as special assessments against the property identified on Exhibit "A"; and WHEREAS, the undersigned acknowledge the benefit to them and the sufficiency of the consideration for this Waiver. NOW, THEREFORE, the undersigned do hereby agree as follows: 1. The undersigned waive notice of hearing and hearing under Minn. Stat. §429 in connection with the Public Improvement Project No. 607 (East Diffley Road) and further waive notice of hearing and hearing with regard to any assessments pertaining to Public Improvement Project No. 607,jwhich result from the implementation of the Agreement. 2. The undersigned agree to accppt the improvement costs as determined by the City in applying the Agreement, which amounts shall be assessed by the City against the property identified in Exhibit "A". 3. The undersigned waive the right to object and appeal the adoption of the assessments levied pursuant to the Agreement, as set forth in Minn. Stat. §429.081. ? 4. The undersigned acknowledge that they voluntarily and knowingly enter into this Agreement. a IN WITNESS WHEREOF, the undersigned have set forth their signatures on the date set forth below. ? Dated: March 1993. e?ze Anthony oni Dated: March If , 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF / -K dfIT) tiQ6dP 000A.I. Chery apon On this _,/;? day of lVy?Z?/? , 1993, before me a Notary Public within and for said County, personally appeared Anthony and Cheryl Caponi, 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. MAfpLYN l. WUCHERPFFNl110 • NOTARt PUBUC • MINMlAOTA OAKOTA COUNTY 11r aommbtlon 1rphM 2-640 APPROVED AS TO FORM: C' y Attorne 's ' e ated: APPROVED AS TO CONTENT: Fin ce Dgpartment oate . 3-I(. -q3 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. . 600 Midway National Sank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 MGD/wkt Ll EXHIBIT "A" Parcel 1 The Southeast Quarter of the Southwest Quarter of the Southeast Quarter (SE; of SWk of SE4) of Section 22, Township 27, Range 23,. Dakota County, Minnesota. Parcel 2 The Southwest Quarter of the Southeast Quarter of the Southeast Quarter (SW; of SE; of SE4) of Section 22, Township 27, Range 23, Dakota County, Minnesota. Parcel 3 The Northwest Quarter of the Northeast Quarter (NW; of NE;) of Section 27, Township 27, Range 23, Dakota County, Minnesota except that portion described as follaws: • Beginning at a point on the south line of the Northwest Quarter of the Northeast Quarter 170 feet east of the Southwest Corner thereof; thence west 170 feet along the south line to the Southwest Corner, thence north along the west line of the Northeast Quarter 570 feet; thence deflecting right at an angle of 134 degrees, 30 minutes, 06 seconds, a distance of 406.60 feet; thence southwesterly to the point of beginning. lJ i2is c?, l?a 3o IJLanna K, -- . Lo -o n a-o -o WAIVER OF ASSESSMENTS WHEREAS, the undersigned are the fee owners of the property leqally described on Exhibit "A" attached hereto; and WHEREAS, the undersigned have agreed with the City of Eagan to certain terms and conditions to allow for the construction of a pedestrian tunnel under Diffley Road which tunnel directly benefits the undersigned, their successors and assigns, all as set forth and contained in a document entitled Soint And Cooperative Agreement For Access To The Caponi . Art Park dated March 1993 (the "Agreement"); and WHEREAS, pursuant to the Agreement the undersigned have aqreed to the payment of certain costs and expenses associated with. the construction of the tunnel; and WHEREAS, pursuant to the Agreement and prior to awardinq the contract for construction of the tunnel the undersigned are required to pay to the City a portion of the cost to be borne by the undersiqned as identified in the Agreement; and WHEREAS, the undersigned have agreed to the assessment by the ? City of any and all costs to be paid by them, as identified in the Aqreement, for which their initial payment does not cover, to be levied as special assessments against the property identified on Exhibit "A"; and WHEREAS, the undersigned acknowledge the benefit to them and the sufficiency of the consideration for this Waiver. NOW, THEREFORE, the undersigned do hereby aqree as follows: 1. The undersigned waive notice of hearing and hearing under Minn. Stat. 5429 in connection with the Public Improvement Project No. 607 (East Diffley Road) and further waive notice of hearing and hearinq with regard to any assessments pertaining to Public_;,Improvement Project No. -607,<# t which result from the implementation o:E the Agreement. 2. The undersigned agree to accept the improvement costs as determined by the City in applyinq the Agreement, which amounts shall be assessed by the City against the property identified in Exhibit "A". 3. The undersigned waive the right to object and appeal the adoption of the assessments levied pursuant to the Agreement, as set forth in Minn. Stat. §429.081. ? 4. . The undersigned acknowledge that they voluntarily and knowingly enter into this Agreement. ._.?. - ,? IN WITNESS WHEREOF, the undersigned signatures on the date set forth below. Dated: March 11 , 1993. Dated: March It , 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF - /2?r-) have set forth their Anthony oni Ch AP 00^.: Chery apon on this ? day of IV dXC /r- , 1993, before me a Notary Public within and for said County, personally appeared Anthony and Cheryl Caponi, 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. MAwtrN L wua+ERPFE ?xa MOtMY OUBUC - MIMNltOTA DAKOTA COUNTY w ?160" ..a?« e..+. APPROVED AS TO FORM: ?-.,.., ?r C' y Attorne 's Ye /Elated: APPROVED AS TO CONTENT: Fin• ce Dgpartment Date . 3• (!. -A3 THIS WAS DRAFTED BY: ? ,SEVERSON, WILCOX & SHELDON, P.A. ?. ?60o Midway National Bank Bnilding 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 MGD/wkt r EXHIBIT "A" Parcel 1 The Southeast Quarter of the Southwest Quarter of the Southeast Quarter (SE; of SW; of SE;) of Section 22, Township 27, Range 23, Dakota County, Minnesota. , Parcel 2 The Southwest Quarter of the Southeast Quarter of the Southeast Quarter (SW4 of SE; of SE4) of Section 22, Township 27, 22ange 23, Dakota County, Minnesota. Parcel 3 The Northwest Quarter of the Northeast Quarter (NW; of NE;) of Section 27, Township 27, Range 23, Da]tota County, Minnesota except that portion described as follows: Beginning at a point on the south line of the Northwest ? Quarter of the Northeast Quarter 170 feet east of the Southwest Corner thereof; thence west 170 feet along the south line to the Southwest Corner, thence north along tho west line of the Northeast Quarter 570 feet; thence deflecting right at an angle of 134 deqrees, 30 minutes, 06 seconds, a distance of 406.60 feet; thence southwesterly to the point of beginning. ? RESOLUTION OF TFIE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT VVHEREAS, on or about October 18, 1994, the City of Eagan assessed land identified by Properry Identification Numbers 10-02200-010-80 (hereinafter "O 10-80"); 10-02200-010- 84 (hereinafter "010-84"); and 10-02700-011-02 (hereinafter "010-02"), for various public improvements identified below: Pazcei Tvne of Assessment Assessment Amount 010-80 water trunk chatges $10,279.98 water service $ 1,420.68 street and storm 1 114 TOTAL: $26,814.66 ?010-84 i water trunk charges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 humel $ 9.224.23 TOTAL: $36,038.89 011-02 water ttunk charges $22,101.95 sheet and storm $32,495.10 tunnel $ 9.224.23 TOTAL: $63,821.28 WHEREAS, Anthony Caponi and Cheryl Caponi aze the owners of Pazcels 010-80, 010- 84 and 011-02 and brought an action in district court appealing the assessment identified as Dakota County District Court File No. 19-C5-94-9974; and WHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, TBEREFORE, BE IT RESOLVED, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. By: Thomas A. Egan 61 Its Mayor L By: .J. VanOverbeke Its: City Clerk I? STATE OFMINNESOTA COUNTY OF DAKOTA In re assessment for City Project No. l OP607 adopted by the City of Eagan on October 18, 1994 Anthony Caponi and Cheryl Caponi, Appellants, v. City of Eagan, a Minnesota municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. 19-C5-94-9974 5TIPULATI0N, ORDER FOR NDGMENT AND JUDGMENT WHEREAS, the Appellants, Anthony Caponi and Cheryl Caponi, are the owners of three properties located on Diffley Road in the City of Eagan, Counry of Dakota, State of Minnesota with property Identification Numbers 10-02200-010-080 (hereinafter "010-80"); 10-02200-010-84 (hereinafter " 010-84"); and 10-02700-011-02 (hereinafrer "Ol 1-02"); and WHEREAS, in connection with Eagan City Project Number 607, Parcels 010-80, 010-84 and 011-02 were assessed for the following improvements: Parcel Tvpe of Assessment Assessment Amount 010-80 water trunk charges $10,279.98 water service $ 1,420.68 street and storm $15.114.00 TOTAL: $26,814.66 010-84 water trunk chazges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 tunnel $ 9.224.23 TOTAL: $36,038.89 011-02 watertrunk charges $22,101.95 street and storm $32,495.10 tunnel $ 9.224.23 TOTAL: $63,821.28 i' Page 2/STIPULATION, ORDER FOR NDGMENT AND JUDGMENT WHEREAS, Appellants brought an action in District Court appealing the assessments for Project 607, the matter entitled In Re Assessment for City Projecl No. IOP607, Anthony Caponi and Cheryl Caponi v. City oJEagan, District Court File No. 19-C5-9974,- and WHEREAS, the parties have resolved a dispute over assessmenu to properties 010-80, 010- 84 and 011-02. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties do hereby agree as follows: Appellants and Respondent stipulate that the above-entitled matter has been fully compromised and settled and therefore it is agreed that the above-entitled matter be dismissed with prejudice and without costs to either party, and the Court Administrator is hereby authorized and directed to dismiss this action with prejudice and without costs of record. 2. The assessments against properties 010-80, 010-84 and 011-02 shall be reassessed as follows: ce TyDe of Assessment Assessment Amount 010-80 water trunk charges • To be de£ened until hook-up to the waterline in Diffley Road, and to be assessed then at the then cunent connection chazge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection chazge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storm $15,114.00 010-84 water trunk chazges • To be defeaed until hook-up to the waterline in Diffley Road, and to be assessed then at the then cuaent connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storcn $15,114.00 tunnel $ 9,224.23 .: Page 3/STIPULATION, ORDER FOR JUDGMENT AND NDGMENT arce Tvne of Assessment Assessment Amount 011-02 water trunk chazges • To be deferred un[il hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection chazge provided a valid waiver of objection to the assessment shall be executed and provided to the City. street and storm $0.00 tunnel $ 9,224.23 3. Appellants hereby waive Notice of Heazing and Hearing on the reassessment and further do waive their right to object to the levying of the assessments as set forth in paragraph 2. 4. Appellants hereby release the City from any and all claims arising out of or relating to the reconstruction of Diffley Road, the acquisition of the easement thereto and the placement of the water line within Diffley Road. The City shall direct the Dakota County Treasurer to recompute Appeilants' real estate taxes using the above assessment figures. Dated: 1`2 tlntho 0 Dated: 1 ' Z - I 9y) Cheryl Capq Dated: 1- y 1- Ql ..... .. ..,.,. (;-D 11"aJa" By: . . VanOverbeke Its. ity Clerk CITY OF EAGAN ' • . Page 4/STIPULATION, ORDER FOR NDGMENT AND NDGMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowiedged before me thisa nd day of JAN. /qq7, 199W by Anthony Capo:24 Cheryl Caponi, husband and wife. a.? Notary Public STATE OF MINNESOTA) )ss. Nor SOOTTCWMgpT? COUNTY OF DAKOTA ) a ?;???? 2DW EQ:0 ---I The foregoing in trument was acknowledged before me this ?? day of , 199?, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and City Clerk the Ci of Eagan, a Minnesota municipal corporation, on behalf of the corporation. JUDY M. JENKINS NOTTi4?HY UBUCrMINNESOU 0DA11K'OTA COUNTY My Commisson FxpiresJan.37, 2000 APPROVED AS TO FORM: City Attomey's Office Dated: Ii 61s-7 APPROVED AS TO CONTENT: ai Pub ic ublic Works Department Dated: /- 1;7 .2 -c ;2 41001MV oF eagan THOMAS EGAN Mayoi May 9,19I6 PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN iHFODORE WACHTER Council Members GLORIA MCTRPHY THOMAS HEDGES City Administiotoi TREASURERS-AUDITORS OFFICE 1590 HIGHWAY 55 WEST E. J. VAN OVERBEKE CBy Cleik HASTINGS, MN 55033-2392 Re: Parcel #'s 10-02200-010-80. 10-02200-010-84 & 10-02700-011-02 Dear Gloria: This letter is in response to the phone conversation that you had with Jerry Wobschall on May 8, 1996. The City is requesting that you delete the installments for SA #'s 2558, 2560, 2561 and 2562 on the above-referenced pazcels. Completed input sheets are enclosed. These instaliments were added to the tax statements after the parcels were declared ineligible for "Green Acres" status. The City is requesting this because the owner desires to take advantage of the State law allowing the reassessment of ail instal3ments over the remaining life of the original assessments. Enclosed are completed input sheets to create new assessmenu related to those installments. The first installments of the new assessments are to appeaz on the tax statements starting in 1997. Please issue amended tax statements to the property owner with these changes incorporated. SA #689 is to remain collectible as that assessment has expired. Thank you for your cooperation and attention to this matter. Sincerely, GJ. VanOverbeke Finance Director/City Clerk Enclosure EN/vmd cc: Linda Fink Deanna Kivi Jerry Wobschall MUNICIPAL CENiFR 3830 GILOT KNOB ROAD EAGAN, MINNESOTA 55727•1997 PNONE: (612) 681•4600 FNC (612) 681•E612 roo: (eiz) e54a535 THE LONE OAK iREE THE SYMBOI OF STRENGTH AND GROWTH IN OUR COMMUNRY Equal OpportunBy/Affhmatwe Actlon Employer MAINTENANCE FACILITY 3501 COACHMAN FOINi EAGAN. MINNESOTA 55122 PHONE: (612) 681 •d300 Fax: (612) ee1-4360 TDD: (614) E54E535 . Agenda Information Memo May 5, 1998 Eagan City Council Meeting ?LD BTJSINESS f p. 6 L 2-6-0b 10. ? A. DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003. CAPONI ART PARK ACTION TO BE CONSIDERED: To approve or deny a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Pazk until tas payable yeaz 2003, providing that if the property or any portion of it is, during the five-yeaz period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. FACTS: • In January of 1998, the Eagan City Council approved support of proposed legislation to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi Art Park for special assessment purposes for five yeazs, which would provide for taxation on the properry under an agricultural classification for five yeazs, and which would provide that if the property or any portion of it were during the five yeaz period conveyed to anyone other than Mrs. Caponi, a chiid of Mr. Caponi or a non- profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property. • In the recently passed tax legislation dealing with the Caponi Art Park, the legislature approved assessing the property as agricultural for tax purposes for a five-year period. • If, by the end of the five-yeaz period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pay back the entire amount of deferred taxes with interest. • The Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Pazk property. • The City has received a letter from Dave Kennedy, President of the Boazd of Directors of the Caponi Art Pazk, requesting that the City approve a resolution deferring special assessments until tax payable year 2003. Although the letter does not specifically address the conditions which were a part of the January Council action, we assume that those conditions aze to be included as stated above. Agenda Information Memo May 5, 1998 Eagan City Council Meeting D. PROJECT 736. GRAND OAK BUSINESS P?RK ACTION TO BE CONSIDERED: Close the Public Hearing and approve/deny Project 736 (Grand Oak Business Pazk - AUAR Environmental Review and Internal Traffic Study). If approved, order the prepazation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. FACTS: • There have been several development interests and proposals incorporating the property bounded by Blue Gentian Rd., Hwy 55 and Hwy 149. This area incorporates approximately 235 acres. Development build-out would require the prepazation of an environmental review study including an interna] traffic analysis necessary for a potential Indirect Source Permit (ISP). • The majority of the affected property owners expressed an interest in having the City of Eagan perform these studies collectively for the entire triangle area with the costs spread as a special assessment to all benefiting properties. • On Feb. 3, the City Council authorized the preparation of a Feasibility Report to address the scope, cost and financing options for such a study. • On Apri17, the City Council received this report and scheduled a public hearing to be held on May 5. All notices have been published in the local newspaper and sent to all affected property owners informing them of this meeting. Numerous informational neighborhood meetings have been held to discuss the needs and concems of all potentially affected property owners and the results were shazed with the City Council at a workshop meeting held on Apri121. ATTACHMENTS: 0 Feasibility Report will be included with Additional Information Packet on Monday EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 9 to the maxunum amount allowed that the property increases in value according to the street assessment palicy. Councilmember Blomquist stated that appraisaLs which have been done on the homes in this area are not available to the property owners because someone may sue and she advised all of the property owners not to sue because they are getting a very good deal. Councilmember Masin moved, Councilmembec Awada seconded a motion to close the public hearing and approve Project 717R (Counhy Home Heights - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1(Councilmember Blomquist opposed) PROJECT 736, GRAND OAK BUSINESS PARK AUAR ENVIRONMENTAL REVIEW AND INTERNAL TRAFFIC STUDY City AdminisFrator Hedges provided an overview on Nus item. D'uector of Public Works Colbert gave a staff report. Marie Cote, representing SRF Consulting Group, discussed the details of the project. Mayor Egan opened the public hearing to anyone wishing to speak. Greg Miller, representing Wispark, commented that they are in Favor of this project. There being no one eLse wishing to speak, Mayor Egan tumed the discussion back to the Council. He asked if special benefit can be established to justify the cost being assessed. He also asked why the John Allen property is not being included. D'uector of Public Works Colbert stated that the John Allen property is already buIlt out and developed and there is no need for any environmental or internal traffic studies. He clarified that the size of the remauung parcels would likely trigger the need for an EnvironmenWl Impact Statement. He commented that complehing these studies will benefit the property owners. He added that any constraintr will be identified as well as the necessary public improvements. He further added that these studies will aLso be beneficial to prospecrive buyers. Councilmember Wachter asked about the impact to the people in the residenHal areas. Director of Public Works Colbert stated that the residenbal properties axe not being incorporated and there will be no assessments levied against them. Councilmember Awada commented on discussions regarding the northwest portion of the site that the Councll has had in conjunction with the Compzehensive Guide Plan update. Ms. Cote reiterated that the study will help to determine what improvements are needed and will benefit prospective buyers. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve Pcoject 736 (Grand Oak Business Park - AUAR Env'vonmental Review and Internal Tratfic Study) and order the preparation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. Aye: 5 Nay: 0 OLD BLTSINESS DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003, CAPONI ART PARK City Admirtistrator Hedges provided an overview on this item. Dave Kennedy, President of the Board of D'uectors of the Caponi Art Park, said that the Legislature felt the decision of whether or not to defer special assessment payments was better left to the EAGAN CITY COUNCIL M1fEETING MI[VIITES; bIAY 5,1998 PAGE 10 City of Eagan. He said the Caponis and the association appreciate the Councfl's endorsement of this legislation. Councilmember Wachter asked if the foundation, that was recently established, would consider reimbursing the cost of the chain link fence installed years ago, in addition to staff and attorney fees that have been incurred by the City. Mr. Kennedy said he was not aware of these issues and said their main concem is to make this park a great attraction for the City. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a resolution deferring the payment, including current and futuse accrued interest, of sewer and water special assessments Ievied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five- year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Ciry Administrator Hedges stated that approval should be subject to an agreement ro be worked out beriveen the City Attomey and Mr. Kennedy. / WESCOTT HILLS DRIVE, CONSIDER STREET NAME CHANGE AND DELETE MUNICIPAL STATE AID DESIGNATION City Administrator Hedges provided an overview on this item. D'uector of Public Works Colbert gave a staff report. Mayor Egan suggested that the adjacent property owners should be given the opportunity to come up with a new name foc the streek D'uector of Public Works Colbert indicated thaY staff will coordinate with the neighborhood and try to come up with a schedule and street name that is most compaable to the affected property owners. Councilmember Blomquist moved, Councilmember Masin seconded a motion to remove Wescott Hills Drive from Municipal State Aid Classification and staff was d'uected to contact neighbors to tonsider recommendarions for a slreet name. Aye: 5 Nay: 0 DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY City Admuustrator Hedges provided an overview on this item. City Attorney Sheldon stated that upon the submittal of the petition the Env'vonmental Quality Board (EQB) designated the City as the Responsible GovernmenWl Unit (RGU) and therefore responsible for making a determinaaon as to whether there is the need for an Environmental Assessment Worksheet (EAW). He explained the difference between mandatory and discretionary completion of an EAW. City Admutistrator Hedges mentioned that staff received a copy of the petition that was submitted to the EQB and stated that staff reviewed each item and prepared findings for Council consideration. Duector of Parks and Recreation Vraa reviewed the major points listed in the petition and explained staff's response. Larry Christensen, 3896 Denmark Avenue, commented on the parking and traffic situaHon at the St. Louis Park aquatic faciliry. Vraa indicated that overflow pazking can be considered if the parking on the MuniciQaf Center Campus is not sufficient. 1994 PLUMBING PERMIT (RESIDENTIAL) ? _. _ __ _ _ CITY OF EAGAAT _ - ? -- . . - --- _ , 3830 PILOT KNOB RD ' EAGAN MN 55122 (612) 681-4675 PLEASE COMPLETE FOR SINGLE FAMILY DWELLINGS. ALSO, FOR TOWNHOMES AN?D : . CONDOS WHEN PERMITS ARE REQUIRED FOR EACH UNTT. --------------------------- ---------------------- ---------------- -------------------- . ------------'-- NO. FIXT[IRES EACIi TUTAL _ SHOWER 3.00 WATER CLASET 3.00 $ATH TUB 3.00 LAVATORY 3.00 KITCHEN SINK 3:00 LAUNDRY TRAY 3.00 _ - HQT TUB/SPA 3:00 WATER HEATER 3.00 . , FLOOR DRAIN 3.00. GA3 PIPING OUTLET • mmimum - i 3:00 , ROUGH OPENINGS 1.50 ' WATER SOFTENER 5.00 PRIVATE DISP. • Dex:cry. uc. 20.00- - : U.G. SPRINKLER • nome una« wmt. 3.00 / ALTERATIONS • to exiung - 20.00 ? WATER TURN AROUND I 20:00 - STATE SURCHAI2GE .50 TOTAL: ? SI.TE ADDRESSt ( , O . ER NAME; CLTY:_P15K PHONE #: ??9s d STATE: NlN ZIP CODE: :- r PLEASE COMPLETE FOR ALL COMMERCIAIJINDi7STRI.AL BUII.DINGS. ALSO FOR MULTI- FAMILY BUILDINGS WHEN SEPARATE PERMIT'S ARE NOT' REQUIRED FOR 'EACI-i DWELLING UNIT. _ NEW CONSTRUCTION ADD ON _ kEl'AIR WORK DESCRIPTION: CONTRACI' PRICE: FEE: L°k OF CONTRACT FEE STATE SURCIIARGE: $.50 EOR EACH $1,000 OF g"M FEE. MINIMiTM FEE: $ 25.00 coxTRac°r PiucE x i% $ STATE SURCHARGE TOTAL SITE ADDRESS: $ 'a"EN.".P.": :OT,:.".1E: 5 i Lb. # OWNER NAME: INSTALLER: ADDRESS: CITY: PHONE #: STATE: ZiI' CODE: FOR: CTfY OF EAGAN APPLICANT 1994 PLUMBING PERMiT (COMMERCIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122 (612) 6814675 :ity of eagan Coei) ?-c MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122•1897 PHONE: (612) 681-4600 FAX; (612) 681-4512 MAINTENANCE FAqLITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55722 PHONE: (672) 681-4300 FAX: (612) 681-4360 THOMASEGAN Mayor July 27, 1992 PATRICIA AWADA PAMELA McCREA TIM PAWIENTY THEODORE WACHTER Councll Membep THOMAS HEDGES Ciry Aemininsirotor EUGENEVAN OVERBEKE CIN clerk MR TONY CAPONI _-_1215=COUNTY-RD'30 ' ? EAGAN MN 55123 Dear Tony: To begin the process of changing your property to an art park, two City applications need to be processed-a Comprehensive Guide Plan Amendment and Rezoning. Both proposed changes should be to a Public Facilities designation. The items will be scheduled for the August Advisory Planning Commission meeting if the applications and necessary information is submitted by August 1. I know this is a tight timeframe so if you have any questions regarding the application or process, please feel free to contact me at 681-4695. Sincerely, Jim Sturm City Planner JS/js CC: Tom Hedges, City Administrator THE LONE OAK TREE ... THE SYMBOL OF SiRENGTH AND GROWTH IN OUR COMMUNITY Equal Opporfunity/Attirmatlve Aeflon Employer November 7, 2006 City of Eagan Atm: Gene VanOverbeke 3930 Pilot Knob Road Eagan, MN 55122 0 Dakota County ABSTRACT & TITLE RE: Order Number DC04060115 C- City af Eagan Documents indicated below are enclosed: ? Abstract of Title No. Z Owner's Policy A22019-SV-00020066 ? Vendee's Policy ? Vendee's Policy ? Title Binder ? Contract for Deed Document No ? Invoice ? Endorsement ? Warranty Deed No. ? Other pocuments Yours very truly, DAKOTA COUNTY ABSTRACT & TITLE By: Crissy Wagner ORDOCS O LETTER DCO1216 kbk? ? -eaJ? ? lac-e ??CCCYl2 G?. - lb ??1? \O-??'^1 1 ??- DAKOTA COUN'IY ABSTRACT & TITLE 1250 HWY 55 NORTH PO BOX 456 HASTINGS, MIV 55033-0456 651-037-5600 Owner's Policy Issued through the Office oE Dakota Counry Abstract & Title P.O. Box 456 1250 Highway 55 North Hastings, MN 55033-0456 ORDOCS ORT Form 402 - AI.TA Owner's Policy 10.17-92 DC01155 i** OLD REPUBLIC ? ,F * National Tkle InsuranceCompany I?i* ?c ** * *+ Owner's Policy American Iand Tide Association Owner's Policy 10-17-92 * iL * PolicyNumber A22019-SV-00020066 Order Number DC04060115 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND TI3E CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corpora[ion, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding tlie Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason oE 1. Title to the estate or irnerest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the wsts, attomeys' fees and expenses incucred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said OLD REPUBLIC NAT'IONAL 1'ITLE INSLJRANCE COMPANI' has caused its co:porate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosu, attomeys' fees or expenses that arise by reason oE 1. (a) Any law, ordinance or govemmental regularion (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ri) the character, dimensions or locarion of any improvement now or hereafrer erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protecrion, or the effect of any violarion of these laws, ordinances or govemmental regulations, except to the extern ihat a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violarion or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of ecninent domain unless norice of the exercise thereof has been recorded in the public records at Date of Policy, buinot excluding from coverage any taking which has occurred prior to Date of Policy which would he binding on the rights of a purchaser for value without laiowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, sufFered, assumed or agreed to by the insured claunant; (b) not known ro the Company, not recorded in the public records at Date of Policy, but loiown to the insured claimant and not disclosed in writing to the Company hy the insured clavnant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by tlus policy, 6y reason of the operation of federal banlmiptcy, s[ate insolvency, or similar creditors' rights laws, that is based on: ORDOCS ORT Form 402- AI,TA Owner's Policy I0d7-92 DC01155 (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent hansfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferen6al hansfer except where the preferential transfer results from the failure; (a) to timely record the instrument of transfer; or (b) of such recordation to impart norice to a purchaser for value or a judgment or lien cteditor. 1. Definitioa ofTerms.. CONDITIONS AND STIPULATIONS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as disHnguished from pwchase including, but not limited to, he'vs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimanl": an insured claiming loss or damage. (c) "knowledge": or "known": actual knowledge, not constructrve knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart consttuctive notice of matters affecting the land. (d) "lanrr": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "moragage": mortgage, deed of trust, deed, or other security instrument. (f) "public records": records established under state sTatutes at Date of Policy for the pwpose of imparting conshuctive notice of matters relating ro real property to purchasers for value and without knowledge. With respect ro Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also indude environmental protection liens filed in the records of the clerk of the United States district cotut for the disuict in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A ro be released from the obligarion to purchase by virtue of a contractual condition requiring the delivery of xnarketable ritle. 2. Contdnuation of Insurance Ajter Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an inswed only so long as the insured retains an estate or inteiest in tne land, or nolds an indebtedness secured by ap.uchase money mortgage given by a purchaser from the insured, or only so long as tlie insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given ro the insured. 3. Notice ojClaim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any liHgarion as set forth in Section 4(a) below, (ii) in case lmowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as umnarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall termivate wish regard to the matter or matters for which prompt noHce is required; provided, however, that failwe to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. ORDOCS ORT Form 402 - ALTA Owner's Policy 10.17-92 DCO] ]55 4. Defense and Prosecution ofAcdons; Duty oflnsured Claimant to Cooperate. (a) Upon written request by the inswed and subject to the oprions contained in Section 6 of these Conditions and Stipularions, the Company, at iu own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any Uilrd party asserts a claim adverse to the ritle or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter inswed against by flvs policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liahle for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by ttus policy. (b) The Company shal] have the right, at its own cost, to insritute and prosecute any action or proceeding or to do any other act which in iu opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or dacnage to the insured. The Company may take any appropriate ac6on under the terms of Uils policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise iu righu under this paragr2ph, it shall do so diligendy. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigafion to fina] deternnnation by a court of competent jurisdicrion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy pemriu or requires the Company to prosecute or provide for the defense of any acdon or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name oF the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wimesses, prosecuting or defending the acrion or proceeding, or effec6ng settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to fumish the requued cooperation, the Company's obligarions to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regazd to the matter or matters reqwring such cooperarion. 5. Proof of Loss or Damage. In addition to and after the norices requued under Section 3 of these Condirions and Stipulauons have been provided the Company, a proof of loss or damage signed and swom to by the insured claunant shall be fiunished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the deFect in, or lien or encumbrance on tlie tide, or other matter insured against by this policy which consritutes the basis of loss or damage and shall state, to the extent possible, the basis of calwlating the amount of the_loss o; damage. If the Company is ptejudiced by the failure of'the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liabiliry or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oaffi by any authorized represenWtive of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of [he Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representarive of the Company, the insured claimant shall grant its pernussion, in writing, for any authorized representarive of the Company to examine, inspect and copy all records, hooks, ledgers, checks, correspondence and memoranda in the custody or conhol oF a third party, which reasonably pertain to the loss or damage. All inforntation designated as confidential by the insured claimant prwided to the Company pursuant to ttds Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administrarion of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informarion from third parties as requued in this pazagraph shall ternvnate any liabiliry of the Company under tlvs policy as to that claim. ORDOCS ORT Form 402- AI.TA Owner's Policy 10.17-92 DC01155 6. Options to Pay or Otherwise Settle Claims; Termination ofLiabiliry. In case of a claim under this policy, the Company shall have the following additional oprions: (a) To Pav or Tender Pavment of the Amount of Insurance To pay or tender payment of the amount of insurance under rlils policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the rime of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligaNons to the insured under this policy, other than to make the payment required, shall teiminate, including any liability or obligation ro defend, prosecute, or continue any litigarion, and the policy shall be sunendered to the Company for cancellation. (b) To Pav or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or othenvise settle with other parties for or in the name of an insured claimant any claim insured against under tlus policy, together with any costs, attomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or othenvise settle with the insured clannant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the ume of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in pazagraphs (b)(i) or (v), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent ofGiability and Cornsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as inswed and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 peTcent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has bzen made, as to any partial loss,_the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has heen made, as to any paztial loss, the Company shall only pay the loss pro rara in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum oF the Amount of Insurance stated in Schedule A and the amount expended for the irnprovement. The provisions of this paragraph shall not apply to costs, attomeys' fees and expenses for which the Company is liable under this policy, and shall only apply ro that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in aceordance with Section 4 of these Conditions and Sripulations. 8. Apportionment. If the land described in Schedule A consists of two or more pazcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount oF insurance under this policy was divided pro rata as to the value on Date of ORDOCS ORT Form 402 - ALTA Owner's Policy 10-17-92 DC07155 Policy of each sepuate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has othenvise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown hy an express statement or by an endorsement attached to this policy. 9. LimitationofLiabiliry. (a) IF the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures ffie lack of a right of access to or from the land, or cures the claim oF mimarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligafions with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the fitle as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction oflnsurance; Reductioa or Termination ojLiabiliry. All payments under this policy, except payments made far costs, attorneys' fees and expenses, shall reduce the amount of the inswance pro tanto. 11. Liabiliry Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest descnbed or referred to in Schedule A, and the amount so paid shall be deemed a payment under tlus policy to the insured owner. 12. Payment ofLoss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfacrion of the Company. (b) When Gability and the extent of loss or damage has been definitely fixed in accordance with these Condirions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Comnany's Rieht of Subrogation. Whenever [he Company shall have settled and paid a claim under tlvs policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be enfitled to all righu and remedies which the insured claimant wocld have had against any person or proper[y in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of submgarion. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigarion involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment hears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void tlus policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the nnpanment by the insured claimant of the Company's right of subrogation. (b) The Companv's Ri h¢ ts Against Non-insured Obligors. The Company's right of subrogation against non-insured obligators shall exist and shall include, without limita6on, the nghu of the insured to indemnities, guaranties, other policies of insurance or bonds, ORDOCS ORT Form 402 - AI.TA Owner's Policy 10-17-92 DCOI 155 nohvithstanding any terms or condifions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitrution. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any con4oversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connecrion with its issuance or the breach oF a policy provision or other obligauon. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the iasured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbihated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the oprion of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The awazd tnay include attomeys' fees only if the laws of the state in which the land is located pemut a court to awazd attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbihator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to au arb:tration under the Title Insurance Arbiharion Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liability Limited to this Palicy; Policy Entire Conbact. (a) This policy together with all endorsements, if any, attached herero by the Company is the entire policy and conuact between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to tlus policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or Authorized Signatory of the Company. !G. Severabiliry. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices requued to be given the Company and any statement in writing required to be fumished the Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. Issued through the ofFce of. Dakota County Abstract & Title Company P.O. Bos 456 1250 Highway 55 North Hastings, Minnesota 55033-0456 6511137-5600 •651437-8876 Fax www.dcatitle.com Auc6otv<d S?gvamry ? OlL BEPUBLIClUTIONALT7I.E INBURANCE COMPANY A SYxk Compmry 40 Secand Awnue SauN. MinnaapoN; Minnesau 65401 16721371-l111 _ BY Preaident § * . f? ?* ** Attaet L}^ ._ ?? Seciemrv ORDOCS ORT Form 402 - ALTA Owner's Policy 10-17-92 DC01155 FILE NO: DAK DC04060 1 1 5-C Property State: 22 County Code: 037 Property Code: 4 Tran Code: 041 Reissue Amount: $2,261,000.00 ORT FORM 402 - ALTA Owner's Policy 10-17-92 FILE NO. DC04060115-C 00020066 POLICYNO.: A22019-SV- POLICY AMOiJNT: $2,261,000.00 PREMIIJM: $2,453.25 SCHEDULE A 1. POLICY DATE April 20, 2005 AT 8:00 AM 2. THE INSURED HEREUNDER, IN WHOM TITLE TO THE FEE SIMPLE ESTATE IS VESTED, AT DATE HEREOF, IS: CiYy of Eagan, a Minnesota Municipal Corporation 3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: Pazcel 1: Lot 2, Block 1, Caponi Art Pazk, Dakota County, Minnesota. Abstract Property Parcel2: Lot 2, Block 2, Caponi Art Pazk, Dakota County, Minnesota. Abstract Property ORDOCS OWNERS VACANT LAND FINAL POLICY DC01138 pAGE' * (? ?* OLD REPUBLIC ? National Tille Insurance Company * * ? 'F I , ' FILE NO: DAK DC04060115-C SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Taxes for 2005 in the amount of $171.80 are paid. (Base tax amount $171.80.) (Tax No. 10- 02700-011-02.) (Parcel 1 and other land) Taxes for 2005 in the amount of $36.66 are paid. (Base tax amount $36.66.) (Tax No. 10- 02200-010-80.) (Parcel2) NOTE: Tases for the year 2004 and prior years are paid. (As to both parcels) Special assessments and taxes not yet due and payable. NOTE: There are no specia] assessments now a lien on the premises. NOTE: Any charges for municipal services (i.e., water, sewer, correction of nuisance conditions, etc.) aze the responsibility oFthe parties of this transaction. 2. Terms and conditions of the Easement dated June 27, 1958 and recorded August 20, 1958 as Document No. 260874 in Book 70 Miscellaneous Records, page 203. (Affects Parce12) 3. Terms and conditions of the Easement Agreement dated June 4, 1987 and recorded October 23, 1987 as Document No. 812240. (Affects Parcel 1) 4. Rights of the public and of the state in and to that part of the premises lying below the natural high water mark of Quigley Lake. (Affects Parcel 1) 5. Riparian rights are neither guaranteed nor insured. (Affects Parcel 1) 6. Drainage and utility easements as shown on the recorded plat of Caponi Art Pazk. (Affects Parcel 1 and 2) 7. Access limitations from the subject property to County State Aid Highway No. 30 (Diffley Road) as shown on the recorded plat of Caponi Art Pazk. (Affects Parcel2) 8. Restrictive Covenants filed Apri120, 2005 as Document No. 2314214. CW ORDOCS OWNERS VACANT LAND FINAL POLICY DC01138 **?F p"GE 2 * * OLD REPUBLIC . (? Natlonal Title Insurance Compafryr # ** * t;i4g ot t34aFi Ca_h fieceipt Receipt Gaie 3110205 ,'rCpipt Nuf,tbrr 83630 GRt,OTP CrLinTY a6STRRc-i Ck 127252 vasa.aeii 59.+30.36 SFEC ri?_StS'_?MEe?T': ? 4454.4612 26;908,1tl '-P[f: HSStSShlEtvia iot;l Receipt !?maijr;?. 86:046,3-6 103761 14;41:50 city o- E,,;a:: I::i_fi Rareip'i 6'p,_e1F'4 f,.3ir 3; ii/200j ...=a1Gt PaufOber Nzjy: GNKOiH CGLii'vT; AhSIRiif_:; Cii 11ii'Si 9377.4621 _ 4i,v41.0?1 STKM StWEF.: COP±idELT FLt: IOE31 Receipt HIiIOL't;t Y1,041. 00 103761 14;42:37 ? , .?/ V 11 ?G ? ? Q ?a City i,t Ea,an c3_r, Rr,_eip, Rerpi?,L •j.giN 3J27I200o? PGLeI?'jt Number 85E30 Du!,urp cruNrv AesrRacr .K 127?S< 9454.461! S'YEC F3=_E?SMENr; 59+13$.36 5?454.4612 26190$ 5-'EC R;:,E_;MENiS .?? TLL.3: G'prripL 4?1f0UnS t v $6,6So.aE 193760 14:41;50 Cit'y 0f Eapn Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COIINCIL MEMBERS Thomas Hedges CITY AONINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 5 51 22-1 81 0 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILRY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fau 651.454.8535 TDD www.cityoteagan.com TXE LONE OAK TREE The symbol of strength and grow[h in our community. Mazch 18, 2005 Gloria Murphy Dakota County Govemment Center Dakota County Treasurer-Auditors Office 1590 Highway 55 Hastings, MN 55033 RE: Parcels 10-02200-010-80, 10-02200-010-84 & 1 0-02700-01 1-02 Special Assessment Number 2912 Dear Ms Murphy: Enclosed is a data input sheet authorizing the County to delete from the noted pazcels the postponed special assessment installments. The City received payment for these installments and a copy of the check is also enclosed. Please shaze this input sheet with Rozana, if you aze not able to record the removal of the current balance of the assessments. The current balance was also paid with the same check. Your prompt attention to tlris matter is appreciated. Sincerely .?, Gerald R Wobschall enc - - "INlPUT FORM - A!?DITOR ,ssaucr _ _ sr?-m?s? cusxzs-nssr eeG-? sA-rw,e------?---- -- --- d"?`+ _.? FYRST YEJ?lt 47?...°?.ftt:LVViJIR ?Pi... '?... TOTAL lISSE'3.4St2?' ' fAck Ae[ivity ?m A5,5Lsg{m &-Pkw= ?DELItiQ= Jlt3tiUAGS ' uSES.St'4EM tJPDATE ADD/UpDATE PAACEIS Diviaiari 1IST P(AT 'Or BLK ??E? ut0U1tP D6F CODE 11 EFF YEAR J?t- IDN ?? oaa o? o ?p ? ? o otiAD .220 r? n o a&v ?? t? agr 3 ?g? ' 'ao ? l a o o l d gia • s8 ,? ?,% . ?."? p.• ?yL ? A n . •p D? op 01 D a °/l I• Q ?L ? 4/A 01 A lq0??67 Do a ? ./l ? :?Z 1!?; ? . ?.T '? ??r ?,? ? . c_ ?' ' ?y ' . . . • , • . ... . ACTI«? A 0?r? • C - Change. D = Delete P = Print ' booksheet O - Old PAreCl (division) N - Hew Parcel (dirrieion) DEF,CODE S ? Senior ' cieizen ..C - CiCy' • oererr?a ACTICN A - Jv3d • C - Charge. D = Delete P = Print boolcaheeC O - Old Aareel (division) ti - Hev Pareel (atv3aion) DEF, WDE S - Senior ? Cltizen C - Ctty• •DeteCted 012725211' 1:0960 1 5 23 21: 00030438115 Paid To: City of Eagen Deferred Special Assessments /_ u?Q? h..? /i„ ,ry?? -/1 G•M" ? D as????1 ' 86,046.36 S??rn,F QSSc-ssa???s Ql?oc??4?.! 76 144,? tA ? 9yS 4. yb i/ 59,.. q3 ?.36 9 9 yfy , y6 i a ? b,f ??-. Payee: Detath this atetement before depasiting. Questions? Call: (952)432-5600 Check Totel: 86,046.36 ? 12/30/04 REPORT:XSA720R1 DISTRICT 10 EA6AN CITY DISTRIBUTE T0: 30 ADJUSTED ID ORI6INAL 10 02200 010 80 18,363.11 10 02200 010 84 29,563.98 10 02700 Oll 02 11.211.27 3 PARCEL . 59,138.36 ? SPECIAL ASSESSMENT PAGE 32 6REEN pCRE OEFERRED INSTALLMENTS FOR 2005 . SA-NO 2912 SPEC A6REE FIRST-YR: 1998 FOR 11 YEARS FIRST-YR-INT: .06500 RE6-INT: .06500 DEFERRED IN: 1998 WRRENT CURRENT CURRENT DEFERRED DEFERRED PAYMENT ON *Sp PARCEL MST* BALANCE PRINCIPAL INTEREST PRINCIPAL INTEREST pDJ ORI6INAL UPD DATE - USR 6,677.52 1;669.37 1'193.61 10,016.22 7,161.66 .00 12/30/2004 ZEK 30,750.57 2,687.63 1,921.65 16,125.78 11,529.90 .00 12/30/2004 ZEK - 4,076.87 1,019.20 728.74 6,115.20 4,372.44 .00 12/30/2004 ZEK 21,504.96 5,376.20 3,844.00 32,257.20 23,064.00 ? .00 ' _ CS'7??? ?.1?`0? /.'??1? (? ? r r? ?v?--e- ? ,p J/4??/ l? ? Ligobf? 7 7 0 0 7. J'10 CVIal°?'?? ? j c p? an ?? .? Cap a.z?i s. ? o n(' ? ^ OJ no/, n _ ? ?y ? ,•yl / 06 ? i?'? ??! ? , ? ? ? G ?/ u {yo t?7" lN 3/?Y? f ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?i d Q? ¢ o w ? LL ln o ?- > ? - ? N ? ww 0 0 TL Q Q ? ww rn xx ? X X M Q Q 0 ? ? ¢ ? ti ? 0 w ? ? ? w ? 0 ? a ? z ? ? ? ? U ie ? x w? a i ? ? ? ? 0 ? ? M i ?? .. w? o? 4 I C? , ? W, ? N ?Z I ?O 1 I ? H I ? -- ? o? w? o? ? i X I o ?} Yo 1 ? O I w =w?? Q J I O ?LL n ? ? U 2 0 U J ? N ? < ? Do m= Na ii ww J a LL w Z w ? K pWw N a3, ?zw, o= ?Qa? w_ ? wao< __2 ? o_?.. LL?m?n zwuw ? a K L"ll 12/30i/04 REPORT:%SA72011 otsrxxcr so EAsu+ emr DYSTRI6UTE 70: 10 ADJ136TE9 IG ORI6INAL LD 02204 OIY 80 18,353.3.1 10 02200 030 84 29,563.98 10 0z700 Oll 02 11,211.27 3 PARZEL . 59,138.36 6 ? SPECILL ASSESSPlEN7 PA6E 32 6REEN ACRE DEFERREII IHSTALLMEtAS FOR 2006 SA-ND 2912 SPEC A6REE ' FIRST-YRi 1498 F0.7 11 YEARS ' fIRST-YR-DtT: .06b00 REO-IHTs .16660 bEFENREO IH: 1995 GIBNENT WAkEHT CIIRREM OEFEAREO IIEFERREO PAYXHiT ON wSA PARCEL ftSTi &ILANCp pRINCIPAL IHfEBEST PXINCIPAL INTENEST AVJ 6RI6IHAL UPD DATE IISR 6.677.5P 1i669.37 1A 93.61 10,016.22 7i161.66 .04 12 l30/2004 ZEK 10,730.57 2,687•63 1,421.65 ' 16,125.78 11r529.90 .00 12/3D/2004 ZEIC 4,076.87 11019-20 728.74 6.115.20 4,372.44 .00 12/3012004 ZEK 21.504.96 b,376.20 31844.00 32i257.20 23i064.00 ` .00 li 1 76/. «? L.l9DL1G L/I ?gfl ? ------------ ? J ?a? ?f I ???. S, ? a/vi 40J Al qsA - $??. . . 111F? r ? ? ?.. ? ? ? ? ? ? ? ? ,.. i ? ? ? ? ? ? i a a ¢ o w in I LL ? o? ? ? i ? ..? ? r N w ? ? w !L Q Q a ww m x x 0 X X a ¢ ¢ LLLL 0 0 Q ? H ? O w ? H J ? w 0 ? ? ? ? 0 ? if ¢ a \ H 1 I J I I ? I I cn i i z w I Y I 0 I I O I I I I ,.?? .. I M I U I N I Q ??? >LL I N I O I ?(l I 70 mz i i wa I I II I I ww I I I I I I 1 ? I 1 C/J I ?- 1 W I I ? I I ? I 1 p I M I m I 1 O I I J o ? ? =x c? I I J > ?o ? i orw ?I- I I d3^ Q d I I NN :E C) I i Q 2 ? ? QoQ -_2 ? i x i I I i cn I F- I zwuw \ I I C o I Y I ?: w I ? I W F-w I 0 1 ?O I ? I tt '-'O I w I ? 1 I zw I rn I QJ I ? I ? ?--? I o 1 HLL I ? I PACE 32 ? •. 32/30/04 , SPECIAL ASSESSMEM ' . REpORT.%SA72091 6PEEN ACBE OEFERRFU IIBTALLRENI'S FOR 2005 nISTRICT 10 EA'Gyµ aTM SA'11U 2912 SPEC ACREE • FIRST-Ylt: 1996 FOR 11 YEARS ? DISTit10UTE T0z 10 FIRST•YR-INT: .16600 &ID-INT: .0650C DffERRED IH: 1998 AAIi15TF8 qMEliT CUR9BIT CmENf DEFEBRED DEFENRF.D PAYLENf LN +" PARC£L !lSTk ? =y ORI6INNL BALAMC£ PRIHCIPAL INTEREST PRINCIPAL WEREST IiIM OflIG]NA4 IIPD DATE LISR .oo iziaa/2ue?+ zFx 30 i2260 O10 80 18,363.11 6?6P.52 1,669•37 1,193.61 10,016.22 7,1?•66 op ly34l2004 Z£B 3D 02200 O1C 84 29,563.98 10?750,67 21687•63 1'?.74 16:115 20 14 372.44 .09 12l30/2D09 ZEK 10 02700 01.1 07 31,211.27 4,076.67 1,019.20 ? ; ppq,CEL , 59.136.36 21,504.95 6,376.20 3,844.00 32,25T.20 23,464.00 .00 . ? ??, . ? gcI a y Pk • ?1? 4?I.o? lb /e °71 77 , • ??Yl 4I " ?? ? I , 4-6 ? r1 a ?J G v9v ? ? I I ? ? ? ? ' SPECIAL ASSESSMENT SEARCH SUMMHHY AS OF: 03/10/2005 PROPERTY ID: 10-02200-010•80 SEE COMMENTS S!A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100689 W TH-304 1981 15 11.0000 5320.00 0.00 0.00 CL 102561 ST 607 1994 15 6.5000 0.00 0.00 0.00 102740 GA 2561 1996 13 6.5000 0.00 0.00 0.00 102912 Specagree 1998 11 6.5000 18363.11 1669.37 6877.52 -•---- SUMMARY OF LEVIED 18363.11 1669.37 6677.52 •*•"* 2005 P&I CERT. 2211.92 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 5320.00 ------ PENDING ESTIMATE 0.00 Press ENTER: or F1. F4. F5. F7. F8 SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 03J10/2005 _ PROPERTY ID: 10-02700-011-02 SEE COMMENTS $/Ari ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100221 SEWER TRK 1972 20 8.0000 13072.00 0.00 0.00 PP 102562 TUNN 607 1994 15 6.5000 0.00 0.00 0.00 102741 GA 2562 1996 13 6.5000 0.00 0.00 0.00 102912 Specagree 1998 11 6.5000 11211.27 1079.20 4076.87 ------ SUMMARY OF LEVIED 11211.27 1019.20 4076.87 **•""" 2005 P&I CERT. 1350.44 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 13072.00 ------ PENDING ESTIhU1TE 0.00 Press EN7ER: or Ft. F4. F5. F7. F8 ?`- ' SPECIAL AS SESSMENT SEARCH SUMMARY AS OF: 03/1 0/2005 PROPERTY I1?: 10-02200-010-84 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL 102561 ST 607 1994 15 6.5000 0.00 102562 TUNN 607 1994 15 6.5000 0.00 102740 GA 2561 1996 13 6.5000 0.00 102741 GA 2562 1996 13 6.5000 0.00 102912 Specagree 1998 11 6.5000 29563.98 ------ SUMMARY OF LEVIED 29563.98 ****** 2005 P&I CERT. 3561.12 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 0.00 ------ PENDING ESTIMATE 0.00 ANN.PRIN. 0.00 0.00 0.00 0.00 2687.63 2687.63 PAYOFF CD 0.00 0.00 0.00 0.00 10750.57 10750.57 Press ENTER; or Fl, F4, F5, F7, F8 , ? • LI ,/,? l? ?', ?'f'/? ??- (2/- FINANCIAL OBLIGATION-Caponi Art Park-Pretiminary Subdivision There aze pay-off balances of special assessments totaling $26,881.16 on the parcels proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. There are also deferred installments on these special assessments that total $55,321.20. (Total $82,202.36) At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the fmancial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The chazges will be computed using the rates in effect at time of connection or subdivision. These chazges aze computed using the 2004 rates and using 80% of the gross areas of the underlying parcels to correspond to representations between the City, the Caponi Art Park and Tony and Cheryl Caponi. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk Park $.0475/Sq. Ft. 1,916,640 91,041 Total $91,041 The following three connection charges aze ordinarily required as a condition of subdivision. They are not included as a direct obligation at this time due to the proposed use of the property. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk P.F. $2,060/Aa 16 Acres $32,960 Water Trunk P.F. 2,165/Ac. 36 Ac 77,940 Water Lateral P.F. 24.85/F.F. 2,740 F.F. 68,089 Total $178,989 0 • • Y There aze pay-off balances of special assessments totaling $26,881.16 on the pazc proposed to be subdivided. The pay-off balance will be allocated to the lots created the Subdivision. There are also deferred installments on these special assess .; total $55,321.20. (Total $82,202.36) ? FINANCIAL OBLIGATION-Caponi Art Park-Preliminary Subdivision At this time, there are no pending assessments on khe pazcel proposed for This estimated financial obligation is subject to change based and land uses contained in the final Subdivision. Based upon the study of the fmancial obligations collected ii proposed for the property, the following charges are propo computed using the City's existing fee schedule and for th6oiull the City's utility system. The chazges wili be compufed?ng t connection or subdivision. These chazges aze com?;}tte? using 1 80% of the gross areas of the underlying parOls to corrpnd to the City, the Caponi Art Pazk and Tony and Cheryl?Caporu.?;" IMPROVEMENT Storm Sewer Trunk Total The following three connection cha,r,es subdivision. They are not included?as a use of the property. Sanitary Sewer Water Trunk Water T.ateral U56 . P.F. ? .?''•.. P.F. past an ?ne uses e c ges aze ?d^'v"?lability of m?- effect at time of rates and using >entations between ANTITY AMOUNT 1,916,640 91,041 $91,041 arily required as a condition of UgaUon at this time due to the proposed RATE QUANTITY AMOUNT $2,060/Ac. 16 Acres $32,960 2,165/Ac. 36 Ac 77,940 24.85/F.F. 2,740 F.F. 68,089 $178,989 . CJ F'INANCIAL OBLIGATION-Caponi Art Park-Preliminary Subdivision There are pay-off balances of special assessments totaling $26,881,? n the pazcels proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. There(7also fe7d installments qn these special assessments that total $55,321.20. ? At this time, there aze no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at dme of connection or subdivision. These chazges are computed using the 2004 rates and using 80% of the gross azeas of the underlying pazcels to correspond to representations between the City, the Caponi Art Pazk and Tony and Cheryl Caponi. Sanitary sewer trmk is not included because it is not directly available to the parcels. r? U Sewer Trunk P.F P.F $2,165/Ac. 36 Ac $77,940 24.85/F.F. 2,740 F.F. 68,089 • Tota? n• ?? gr 671 jt?lbI ()aa Ao* :L-1- .Hrtr?-?-^ ? A-_LA.? ,a-Z- .Q a. °" ? ?,l • ?o ? Y?7?'?' .nw,-c,L 0'1 -I?-- 1? ? . O?? a ? g? ,? SPECIAL ASSESSMENT SEAHCH SUMMARY • AS OF: 12/1 7/2004 - PROPER TY ID: 10-02700-011-02 SEE COMMENTS S/AN ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PHIN. PAYOFF CD 700221 SEWER THK 1972 20 8.0000 13072.00 0.00 0.00 PP 702562 TUNN 607 1994 15 6.5000 0.00 0.00 0.00 702741 GA 2562 1996 13 6.5000 0.00 0.00 0.00 702972 Specagree 1998 11 6.5000 11211.27 1019.20 5096.07 ------ SUMMARY OF LEVIED 11211.27 1019.20 5096.07 ***"*" 2004 P&i CERT. 1416.70 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 13072.00 ------ PENDING ESTIMATE 0.00 Press ENTER: or F1. F4. F5. F7. FB 11 r1 L? SPECIAL ASSESSMENT SEARCH SUMMARY • AS OF: 12l1 7/2D04 - PROPERTY ID: 10-02200-010-80 SEE COMMENTS SlAti ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100689 W TR-304 1981 15 11.0000 5320.00 0.00 0.00 CL 102561 ST 607 1994 15 6.5000 0.00 0.00 0.00 102740 GA 2561 1996 13 6.5000 0.00 0.00 0.00 102912 Specagree 1998 11 6.5000 18363.11 1669.37 8346.89 ------ SUMMAHY OF LEVIED 18363.11 1669.37 8346.69 ""*"•" 2004 P&I CERT. 2320.42 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSEU 5320.00 ------ PENDING ESTIMATE 0.00 Press ENTER: or F1. F4. F5. F7. FB • 0 C? • SPECIAL ASSESSMENT SEARCH Sl1MMAHY AS OF: 12/17I2004 PROPERTY ID: 10-02200-010-84 S/Aq ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 102561 ST 607 1994 15 6.5000 0.00 0.00 0.00 102562 TUNN 607 1994 15 6.5000 0.00 0.00 0.00 102740 GA 2561 1996 13 6.5000 0.00 0.00 0.00 102741 GA 2562 1996 13 6.5000 0.00 0.00 0.00 102912 Specagree 1998 11 6.5000 29563.98 2687.63 13438.20 ------ SUMMARY OF LEVIED 29563.98 2687.63 13438.20 *•*"' 2004 P8I CERT. 3735.80 ------ SUMMARY OF DEFER. 0.00 -•---- SUMMARY OF CLOSED 0.00 -•---- PENDING ESTIMATE 0.00 Press ENTER: or F1. F4. F5. F7. FS 40 WRITTEN NARRATIVE FOR SUBDIVISION AND PLATTING APPLICATION . FOR THE CAPONI ART PARK Overview: The Trust for Pubiic Land ("TPL") seeks to subdivide a 40-acre parcel on the south side of Diffley Road currently owned by Anthony and Cheryl Caponi into two parcels: a 20-acre parcel to be purchased by TPL and sold to the City of Eagan, and another 20-acre parcel to be sold to the Caponi Art Pazk Corporation, a nonpmfit. Pursuant to the City's request, TPL also seeks to plat these two 20-acre parcels, as well as the two 10-acre parcels on the north side of Diffley Road currently owned by the Caponis. The Northeast 10-acre parcel will be purchased by TPL and sold to the City. The Northwest 10-acre pazcel will be sold to the Caponi Art Park Corporation with the Caponis retaining a life estate. All of the 60 acres will be operated as an art park pursuant to various agreements between the parties. Comprehensive Guide Plan: The existing and proposed designations are pazk. Zoning: The current and proposed designations aze pazk. Timing: We would like to complete the subdivision and platting as soon as possible and . sell the South 20-acre and Northeast 10-acre parcels to the City, with closing to occur on all of the parcels in late February or early Mazch. Esistiug Land Uses: The 60 acres is currently operated as an art pazk. The Caponis also have their residence and workshop on the property. Surrounding Land Uses and Zoning: The surrounding land uses and zoning are: park to the north, and to the east of the South 40; residential to the west and south, and on the northeast corner of the South 40 and to the northeast of the Northeast 10; planned development to the southeast of the South 40; and agricultural to the east of the Northeast 10. 0 0 Current Legal Descriptions For The Caponi Art Park The following real property located in the County of Dakota, State of Minnesota, legally described as foilows: South 40-Acre Parcel: (PIN 10-02700-011-02) The Northwest Quarter of the Northeast Quarter AND the Westerly 99 feet of the Northeast Quarter of the Northeast Quarter of Section 27, Township 27, Range 23, Dakota County, Minnesota, except the following: Commencing at a point on the South line of the Northwest Quarter of the Northeast Quarter, 170 feet East of the Southwest comer thereof, thence West 170 feet along said South line to the Southwest comer of said Quarter Quarter; thence North along the West line of said Quarter Quarter 570 feet to a point; thence deflecting to the right at an angle of 134° 30' 06" a distance of 406.60 feet in a Southeasterly direcUon to a point on a line run parallel with and 285 feet North of the South line of said Quarter Quarter; thence deflecting to the right at an angle of 68° 19' 55" in a Southwesterly direction 309.23' more or less to the point of be° nning. • All descriptions subject to street right of way and utility easements; described parcel contains 40 acres more or less subject to survey. Norkheast 10-Acre Pareel: (PIN 10-02200-010-80) The 3outhwest Quarter of the Southeast Quarter, of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Dakota County, Minnesota, subject to street right of way and utility easements, and containing 10 acres more or less subject to survey. Northwest 10-Acre Pazcel: (PIN 10-02200-010-84) The Southeast Quarter of the Southwest Quarter, of the Southeast Quarter of Section 22, Township 27 North, Range 23 West, Dakota County, Minnesota, subject to street right of way and utility easements, and containing 10 acres more or less subject to survey. 0 RE50LUTICIN OF THE CTTY OF EAGAN • ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on or about October 18, 1994, the City of Eagan assessed land identified by Property Identification Numbers 10-02200-010-80 (hereinafter "010-80"); 10-02200-010- 84 (hereinafter "010-84"); and 10-02700-011-02 (hereinafter "010-02"), for various public improvements identified below: Parcel Tvoe of Assessment Assessment Amount 010-80 water trunk charges $10,279.98 water service $ 1,420.68 street and storm $15.114.00 TOTAL: $26,814.66 010-84 water trvnk charges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 tunnel $ 9.224.23 TOTAL: $36,038.89 • Ol 1-02 water trunk chazges $22,101.95 street and storm $32,495.10 tunnel $ 9.224.23 TOTAL: $63,821.28 WHEREAS, Anthony Caponi and Cheryl Caponi aze the owners of Pazcels O 10-80, O 10- 84 and 011-02 and brought an action in district court appealing the assessment identified as Dakota County District Court File No. 19-C5-94-9974; and WHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, BE IT RESOLVED, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute the 5tipulation on the City's behalf. ? By: Thomas A. Egan Its Mayor By: .J. VanOverbeke Its: City Clerk e ` STATE OF MINNESOTA COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT + Case Type: 5pecial Assessment Appeal Court File No. 19-C5-94-9974 In re assessment for City Project No. l OP607 adopted by the City of Eagan on October 18, 1994 Anthony Caponi and Cheryl Caponi, v. City of Eagan, a Minnesota municipal corporation, ' Respondent. n LJ . properties located on Diffley Road in the City of Eagan, County of Dakota, State of Minnesota with property Identification Numbers 10-02200-010-080 (hereinafter "010-80"); 10-02200-010-84 (hereinafter " 010-84"); and 10-02700-011-02 (hereinafter "011-02"); and Appellants, WHEREAS, the Appellants, Anthony Caponi and Cheryl Caponi, are the owners of three WHEREAS, in connection with Eagan City Project Number 607, Parcels O 10-80, 010-84 and DISTRICT COURT STIPULATION, ORDER FOR JUDGMENT AND NDGMENT 011-02 were assessed for the following improvements: a cel Type of Assessment Assessment Amount 010-80 water trunk chazges $10,279.98 water service $ 1,420.68 street and storm $15.114.00 TOTAL: $26,814.66 010-84 water trunk chazges $10,279.98 water service $ 1,420.68 street and storm $15,114.00 tunnel $ 9.224.23 TOTAL: $36,038.89 Ol 1-02 water trunk charges $22,101.95 street and storm $32,495.10 tunnel S 9?24.23 TOTAL: $63,821.28 ; Page 2/STIPULATION, ORDER FOR NDGMENT AND JUDGMENT WHEREAS, Appellants brought an action in District Court appealing the assessments for • Project 607, the matter entitled In Re Assessment for City Project No. IOP607, Anthony Caponi and Cheryl Caponi v. Ciry of Eagan, District Court File No. 19-C5-9974; and WHEREAS, the parties have resolved a dispute over assessments to properties 010-80, 010- 84 and 011-02. NO W, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties do hereby agree as follows: Appeliants and Respondent stipulate that the above-entitied matter has been fuIly compromised and settled and therefore it is agreed that the above-entitled matter be dismissed with prejudice and without costs to either party, and the Court Administrator is hereby authorized and directed to dismiss this action with prejudice and without costs of record. 2. The assessments against properties 010-80, 010-84 and 011-02 shall be reassessed . as follows: arce Tvne of Assessment Assessment Amount 010-80 water tsunk charges • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, ' and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shail be executed and provided to the City. street and storm $15,114.00 010-84 water trunk chazges • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection chazge provided a valid waiver of objection to the assessment shall be executed and provided to the City. water service • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shall be • executed and provided to the City. street and storm $15,114.00 tunnel $ 9,224.23 n LJ Page 3/STIPULATION, QRDER FOR JUDGMENT AND NDGMENT a ce Type of Assessment Assessment Amount 01 I-02 water trunk chazges • To be deferred until hook-up to the waterline in Diffley Road, and to be assessed then at the then current connection charge provided a valid waiver of objection to the assessment shail be executed and provided to the City. street and storm $0.00 tunnel $ 9,224.23 Appellants hereby waive Notice of Hearing and Hearing on the reassessment and further do waive their right to o6ject to the levying of the assessments as set forth in paragraph 2. 4. Appellants hereby release the City from any and all claims azising out of or relating to the reconstruction of Diffley Road, the acquisition of the easement thereto and the placement of the water line within Diffley Road. 5. The City shall direct the Dakota County Treasurer to recompute Appellants' real estate taxes using the above assessment figures. Dated: • 451 Antho o i Dated: I - 1. - / 9y7 Dated: I - %I - Qn 0/1.e l ? ?--- . Cheryl Cap 91 CITY OF EAGAN ,..ayv, By: . . VanOverbeke Its. ity Clerk 0 l a- Page 4/STIPULATION, ORDER FOR NDGMENT AND NDGMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instnunent was acknowledged before me thisR nd day of JAN. /gq7, 1999, by Anthony Caponi an Cheryl Caponi, husband and wife. ?0-? Notary Public STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) QNarr&c ?? 90TA Lbmmiyen Eapia? Jrt 312oro The foregoing instrument was acknowledged before me this ,2?± day of , 1991, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and City Clerk the Ci of Eagan, a Minnesota municipal corporation, on behalf of the corporation. JUDY M. JENKINS MUTMY PUBIIC-MINNE$pTA DAKOTA CDUNTY AAy Commission Expires Jan. 31, 2000 APPROVED AS TO FORM: z? City Attomey's Office Dated: i i APPROVED AS TO CONTENT: a Pub ic ublic Works Department Dated: /- o? 07 -??'j ;? • 0 1?1 • Agenda Information Memo May 5, 1998 Eagan City Council Meeting iDLD BUSINESS ip. 6 Z Zcro 0 I C.;-q ? , . .. _? A. DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003. CAPONI ART PARK ACTION TO BE CONSIDERED: To approve or deny a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Pazk until tax payable yeaz 2003, providing that if the property or any portion of it is, during the five-yeaz period, conveyed to anyone other than Nlrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. FACTS: • In January of 1998, the Eagan City Council approved support of proposed legislation • to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi Art Park for special assessment purposes for five yeazs, which would provide for taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were during the five yeaz period conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non- profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property. • In the recently passed tax legislation dealing with the Caponi Art Pazk, the legislature approved assessing the property as agricultural for tax purposes for a five-yeaz period. • If, by the end of the five-yeaz period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pay back the entire amount of deferred taxes with interest. • The Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Pazk property. • The City has received a letter from Dave Kennedy, President of the Boazd of Directors of the Caponi Art Pazk, requesting that the City approve a resolution deferring special assessments until tax payable year 2003. Although the letter does . not specifically address the conditions which were a part of the January Council action, we assume that those conditions aze to be included as stated above. a EACAN C[TY COUNCIL h1EETING MINUTES; MAY 5,1998 PAGE 9 • to the maximum amount allowed that the property increases in value according to the street assessment policy. Councilmember Elomquist stated that appraisals which have been done on the homes in this area are not available to the property owners because someone may sue and she advised all of the property owners not to sue because they are getting a very good deal. Councilmember Masin moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 717R (Country Home Heights - Street Improvementr) and authorize the preparahion of detaIled plans and speciEicatlons. Aye: 4 Nay: 1(Councilmember Blomquist opposed) PROJECT 736, GRAND OAK BUSINESS PARK AUAR ENVIRONMENTAL REVIEYV AND INTERNAL TRAFFIC STUDY City Admutistrator Hedges provided an overview on Fhis item. D'uector of Public Works Colbert gave a staft report. Marie Cote, representing SRF Consulting Group, discussed the details of the project. Mayor Egan opened the public hearing to anyone wishing to speak. Greg Miller, representing Wispark, commented that they are in favor of this project. There being no one eLse wishing to speak, Mayor Egan tumed the discussion back to the Council. He asked if special benefit can be established to justify the cost being assessed. He also asked why the John Allen property is not being included. • D'uector of Public Works Colbert stated that the John Allen property is already built out and developed and there is no need for any environmental or internal traffic studies. He clari.fied that the size of the remauung parcels would likely trigger the need for an Environmental Impact Statement. He commented that completing these studies will benefit the property owners. He added that any constraints will be identified as well as the necessary public improvementr. He further added that these studies will also be beneficial to prospective buyers. Councilmember Wachter asked about the impact to the people in the residenfial areas. D'uector of Public W orks Colbert s Wted that the residential properties are not being incorporated and there will be no assessments levied against them. Councilmember Awada commented on discussions regarding the northwest porrion of the site that the Council has had in conjunction with the Comprehensive Guide Plan update. Ms. Cote reiterated that the study will help to determine what improvements are needed and will benefit prospecrive buyers. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve Project 736 (Grand Oak Business Park - AUAR Environmentai Review and Internal Traffic Study) and order the preparation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. Aye: 5 Nay: 0 OLD BUSINE55 DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003, CAPONI ART PARK • City Admictistrator Hedges provided an overview on this item. Dave Kennedy, President of the Board of D'uectors of the Caponi Art Park, said that the Legislature felt the decision of whether or not to defer special assessment payments was better left to the EAGAN CITY COUNCIL b[EETWG MINUTES; MAY 5, 1998 PAGE10 • City of Eagan. He said the Caponis and the association appreciate the Council's endorsement of this legislation. Councilmember Wachter asked if the foundafion, that was recently established, would consider reimbursing the cost of the chain link fence installed years ago, in addition to staff and attorney fees that have been incurred by the City. Mr. Kennedy said he was not aware of these issues and said their main concern is to make this park a great attraction for the City. Councilmember Masin moved, Councilmember Awada sxonded a motion to approve a resolution deferring the payment, including current and future accrued intetest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five- year period, conveyed to anyone other than Mrs. Caponi, a child oE Mr. Caponi or a non-profit corporation, all deferred special assessmentr would be payable with interest at that time. Aye: 4 Nay: 1 (Councilmember Wachter opposed) City Administrator Hedges stated that approval should be subject to an agreement to be worked out between the City Attomey and Mr. Kennedy. ; WESCOTT HILLS DAIVE, CONSIDER STREET NAME CHANGE AND DELETE MUNICIPAL STATE AID DESIGNATION City Administrator Hedges provided an overview on this item. D'uector of Public Works Colbert • gave a staff report. Mayor Egan suggested that the adjacent property owners should be given the opportunity to come up with a new name for the street. D'uector of Public Works Colbert indicated that staff will coordinate with the neighborhood and try to come up with a schedule and street name that is most compatible to the affected property owners. Councilmember Blomquist moved, Councilmember Masin seconded a moton to remove Wescott Hills Drive hom Municipal State Aid Classification and staff was d'uected to contact neighbors to consider recommendations for a street name. Aye: 5 Nay: 0 DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILTTY City Administrator Hedges provided an overview on this item. City Attorney Sheldon s W ted that upon the submittal of the petition the Environmental Quality Board (EQB) designated the City as the Responsible Governmental Unit (RGU) and therefore responsible for making a determination as to whether there is the need for an Environmental Assessment Worksheet (EAW). He explained the difference between mandatory and discretionary completion of an EAW. City Administrator Hedges mentioned that staff received a copy of the petition that was submitted to the EQB and stated that staff reviewed each item and prepared findings for CouncIl consideration. D'uector of Parks and Recreation Vraa reviewed the major points listed in the petition and explained sWff's response. • Larry Christensen, 3896 Denmark Avenue, commented on the parking and traffic situaHon at the St. Louis Park aquaric facility. Vraa indicated that overflow parking can be considered if the parking on the Municipal Center Campus is not sufficient. 0 FINANCIAL OBLIGATION-Caponi 10-02200.010-84 There aze pay-off balances of special assessments totaling $8,347on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the azeas, dimensions and land uses contained in the fmal subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are. pmposed. The charges are compuYed using the City's existing fee schedule and for the connection and auailability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral P.F. $24.85/F.F. 660 F.F. $16,401 Storm Sewer Trunk P.F. .0475/Sq. Ft. 348,480 Sq. Ft 16,553 Sanitary Sewer Trunk • Total $32,954 0 0 F'INANCIAL OBLIGATION-Caponi 10-02200.010-80 There are pay-off balances of special assessments totaling $13,438 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the pazcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the £mal plat. Based upon the study of the financial obiigations collected in the past and the uses proposed for the property, the following charges are pmposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at rime of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral P.F. $24.85/F.F. 660 F.F. $16,401 Water Trunk P.F. 2,165/Ac 8 Ac 17,320 Storm Sewer Trunk P.F. .0475/Sq.Ft. 348,480 Sq. Ft. 16,553 • Sanitary Sewer Trunk $50,274 9 • FINANCIAL OBLIGATION-Caponi 10.02700-011-02 16 There are pay-off balances of special assessments totaling $5,096 on the parcel. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The chazges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral P.F. 24.85/F.F. 1,420 F.F. $35,287 Water Trunk P.F. 2,165/Ac 28 Ac 60,620 Storm Sewer Trunk P.F. .0475/Sq. Ft. 1,219,680 57,935 Total $153,842 11 0 NO SCALE i Chery! Coponi ROFESSIONAL SERl9CES, INC. treet North Suite 206 V 56303 320-253-9495 r 1 LJ A Y AREA -K 1 AREA = 165.92,9 = 779 570 S F. = 3.809 ACRES :K 1 AREA , = 883 422 S.F. = F S 17.896 ACRES? K 2 AREA , = 401 401 . = . S F = 20.281 ACRES W 2 AREA , = 404 945 . S F = 9.215 ACRES - W a? aREA , . = 2,635,266 S.F. = 9.296 ACRES 60.497 ACRES aL DESCR/P770N _o(I '`? ? a ?° ° ?o? o _ ,o- Qg'?,o? _o?o-8y - io- 0Aa00- 4J0 - 8 J Quorter of the Northeost Quarter ano' the Westerly 9g feet of the Northeasf Quarter of the rrter of Section 27, 7ownship 27, Ronge 23, Dakota County, Minnesoto, except thot port of Quarter of the Northeast Quarter described as follows: Commencing ot o point on the the Northwesf Quarter of the Northeast Quarter othe Southwesf of Section 27, Township 27, Range 23, 170 he Soufhwest corner fhereof,• thence West 970 feet along said South line t Northwest Quarter of the Northeast Quarter, thence North along the West line of soid ?rter of the Northeost Quarter 570 feet to a point;• thence deflecting to the right at an iegrees 30 minutes 06 seconds, o disfance of 406.60 feef in o Southeosterly direction, to '7 n parallel with and 285 feet North of the South line of said IVorthwest Quarter of the It thence deflecting to the right at an angle of 68 degrees 19 minutes 55 seconds, in o Yirection a disfance of 309.23 feet more or less, to the point of beginning. QuIter of the Southeast Quarter of the 3 West, Dakota Southeast Quarter of Se?tt.,., 99 T...__?._ .. viUNl rY MAP * CaArt Park . Storm ater ? Water Water water Sum Sum Of Storm Storm Differ Trunk trunk Oiffer Lateral lateral Differ Black Red 10-02200.010-84 Lot 1, Block 2 401,401 348,480 52,921 - 660 660 - 10-02200-010-80 Lot 2, Bbck 2 404,945 348,480 56,465 9.30 8.00 1.30 660 660 - 10-02700-017-02 Lot1,6bck 1 779,570 571,756 207,814 17.90 13.10 4.60 1,420 1,420 - 10-02700-011-02 Lot 2, Block 1 883,422 647,924 235,498 20.30 14.90 5.40 - • 2,469,338 1,916,640 552,698 47.50 36.00 11.50 2,740.00 2,740.00 - 0.0515 0.0475 2,350.00 2,165.00 26.95 24.85 727,171 91,040 36,731 111,625 77,940 33,685 73,843 68,089 5,754.00 312,639 237,069 Caponi Deferred ? Oriainal Princioal Interest Total 10-02200-010-80 102912 18,363.11 10,016.22 7,161.66 17,177.88 Subtotal 18,363.11 10,016.22 7,161.66 17,177.88 10-02200-010-84 102912 29,563.98 16,125.78 11,529.90 27,655.68 Subtotal 29,563.98 16,125.78 11,529.90 27,655.68 10-02700-011-02 102912 11,211.27 6,11520 4,372.44 10,487.64 Subtotal 11,211.27 6,115.20 4,372.44 10,487.64 Grand - Total 59,138.36 32,257.20 23,064.00 55,321.20 Annually • 5,37620 3,844.00 (;aad T/,??/ Remaining B la ance 1002912 8,346.89 102912 13,43820 102912 5,096.07 26,881.16 0 • SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 08/02/2004 PROPERTY ID: 10-02200-010-60 SEE COMMENTS S/Aq ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100689 W TR-304 1981 15 11. 0000 5320.00 0.00 0.00 CL 102561 ST 607 1994 15 6. 5000 0.00 0.00 0.00 102740 GA 2561 1996 13 6 .5000 0.00 0.00 0.00 102912 Specagree 1998 11 6 .5000 18363.11 1669.37 8346.89 ••-•-- SUMMARY OF LEVIED 18363.11 1669.37 8346.89 *•*•*` 2004 P&I CERT. 2320.42 •----- SUMMARY OF DEFER. 0.00 -•---- SUMMARY OF CLOSED 5320.00 ------ PENDING ESTIMATE 0.00 Press ENTER• or F1 F4 FS F7F8 • ?^ r•? ? l/ 0 SPECIAL ASSESSMENT SEARCH SUMMARY • AS OF: OS/0 2/2004 - PROPERTY ID: 10-02200•010-84 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 102561 ST 607 1994 15 6.5000 0.00 0 .00 0.00 102562 TUNN 607 1994 15 6.5000 0.00 0 .00 0.00 102740 GA 2561 1996 13 6.5000 0.00 0 .00 0.00 102747 GA 2562 1996 13 6.5000 0.00 0 .00 0.00 102912 Specagree 1998 11 6.5000 29563.98 2687 .63 13438.20 •---•- SUMMARY OF LEVIEO 29563.98 2687.63 13438.20 '*•*•' 2004 P&I CERT. 3735.80 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 0.00 ------ PENDING ESTIMATE 0.00 Press ENTER: or F1 F4. F5. F7 FB f? ID ? • r , U • SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 08/02/2004 PROPERTY ID: 10-02700-011-02 SEE COMMENTS S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100221 SEWER TRK 1972 20 8.0000 13072.00 0.00 0.00 PP 102562 TUNN 607 1994 15 6.5000 0.00 0.00 0.00 702741 GA 2562 1996 13 6.5000 0.00 0.00 0.00 102912 Specagree 1998 11 6.5000 11211.27 1019.20 5096.07 ------ SUMMARY OF LEVIED 11211.27 1019.20 5096.07 *"'*'* 2004 P&I CERT. 1416.70 ------ SUMMARY OF DEFER. 0.00 ------ SUMMARY OF CLOSED 13072.00 ------ PENDING ESTIMATE 0.00 Press ENTER• or F7 F4 F5 F7 F8 0 'is ..x h r «:- _ TO: FROM: DATE: SUBJECT: city of eagan MEMO TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION MARCH 15, 2004 TPL/CAPONI Recently, several city staff members and the city attomey met with Trust for Public Land and a representative from Dakota County regarding the process and potential costs associated with the acquisition of the Caponi property. This memo is intended to cover the issues discussed. 10-Acre Parcel Identitied Bv The Citv Of Eaizan For Acauisition Pending a signed agreement with the Caponis, the city has agreed to spend $720,000 for this acquisition. The property is currently appraised at what is believed to be $930,000. TPL will be seeking grant funds to cover the difference between what the city has agreed to pay and the appraised value. TPL, as of this date, does not have a signed option agreement with the Caponis. The Caponis indicated that as soon as the ciry and they have come to a formal understanding with their joint agreement, then he will proceed with signing the agreement with TPL. The property has a separate tax id number and therefore is not required to be platted upon sale. The deferred assessments against the pazcel were estimated at about $25,500. Trunk azea storm water assessments were identified but not estimated at the meeting. This figure has since been calculated to be $16,550. It is assumed that the azea assessments should be calculated similaz to the way previous truuk area assessments have been calculated for pazks. It was also pointed out that there is currently some $28,000 in deferred property taxes against a1160 acres owned by the Caponis. CiTy staff represented that all of the assessments and taxes would need to be resolved within the negotiations for the property. x _ w 40 Acre South Parcel The south pazcel is slightly over 40 acres in size. City requirements aze that parcels may be split if they are at least 20 acres in size after division. It appeazs that this will be the case and therefore, a plat will not be required by code, assuming that there will be 20 or more acres in each of the rivo remaining parcels. There are approximately $15,600 of deferred assessments on this 40 acre pazcel. Area tivnk chazges have been calculated to be $57,935 using the same method used for other pazk applications. The pazcel has an appraised value of $1.3 million of which the county has committed $850,000. Like the 10-acre parcel, staff related the Council direction that assessments need to be considered in the acquisition and not assume that the city will necessarily waive or pay them. It was also noted that the assessment could be placed on the northerly 20 acres after the split as the assessments were related to the Diffley Road project. 10-Acre Parcel to be Donated to Macalester Due to the city's limited tole in the acquisition for public use of this pazcel, it was not discussed in the meeting. This particulaz pazcel has approximately $41,100 of deferred assessments and a storm water tnink area obligation of $16,553. Attached is a matrix that shows deferred assessments and estimated area chazges by pazcel. Tax and Snecial Assessment Deferment There was discussion regarding the legislation that has deferred taxes and special assessments on the art pazk property. City staff was asked if this legislation and the intent of the city was to continue to defer the assessment and taxes. It was staff's interpretation that this was not necessarily the intention of the Council when this was initially passed. cc: Bob McGillivray, Trust for Public Land Gene VanOverbeke, Director of Administrative Services ?Jon Hohenstein,_Community Development Director ' Mike Dougherty, City Attomey Attachment: Summary of assessments 9-Mar-04 Summary of Assessments and EsUmated Stortn Water Drainage Area Charges on Caponi Property Total Levied Total-Levied Remafning Assessments AddiBonal Estlmated Assessmenta Original Total Defened Principal Due Through Interest Storm Sewer and SA# Principal Principal Interest Total Balance 72l37l2004 PerYear Obligation Storm 5ewer (1) North East 10 Acres -10-02200•070-80 102912 18,363.11 10,016.22 7,161.66 77,177.88 8,346.89 25,524.77 1,193.61 16,553 42,077.77 (2) North West 70 Acres --10-02200-010-84 102912 29,563.98 16,125.78 11,529.90 27,655.68 13,438.20 41,093.88 1,921.65 18,553 57,646.88 (3) South 40 Acres -- 70-02700-011-02 102912 11,271.27 8,715.20 4,372.44 10,487.64 5,096.07 15,583.77 728.74 57,935 73,518,77 Grand Total 59,138.38 32,257.20 23,064.00 55,321.20 26,681.16 82,202.36 3,844.00 91,041 173,243.36 , ? Does not include any real ostate tax obligatlon - To be determined by Dakota County. , City Pages: Eagan Needs Luxury Homes A LIST PICKS ART GALLERY SHOWS MUSEUM EXHIBITS ART GALLERIES by name 6y region MUSEUMS by name by region AR7 ARTICLE ARCHIVE H(}iIRE CFiANNELS ? News & Features ? Restaurants ? Movies ? Music ? Performing Arts ? Books ? Art r Sports ? Calendar ? Letters ? Artide Archive ? Savage Love ? Horoscope ? CP Online Store ? Contact Us SPECIRL SECTIOMS .,? ?ao% -0 ?? #?{ ART ARTS F@ATURE. VOL 22 #7076 . PUBLISHED 7171101 PRINT 1'D> Eagan Needs Luxury Homes Tony Caponi's 60-acre suburban sculpture garden, where he has lived since 1949, could have a future as a permanent art park-- or another housing development by Jeremy 5wanson Withered and brown, the grass beside the road is dying. The stretch of land Image by RA,QUL BEPIAVIDES just outside the Caponi Art Park and Learning Center in Eagan is technically county property, but that hasn't stopped Tony Caponi from bringing out his hose to try to save the lawn from an early-summer heat wave. IYs mid-evening, the humidity has subsided from ghastly to merely sweltering, and, God knows, this job could have waited until tomorrow morning. After a day of hard labor--mowing acre after acre, pulling weeds, digging trenches--the 80- year-old sculptor could definitely use a rest. ??-- But Caponi, founder of the 60-acre art park and Best or rne Twin Cities sculpture garden, doesn't hesitate in losing a little more sweat. His wide jowls reveal a smile, and every so often he waves to drivers who honk in salute of the well-recognized community figure as they whiz by on wine & oine Guiae the adjacent highway. Many people who pass the i , puk off Diffley Road in the Dakota County suburb may not even be.aware of its existence. Nestled into Minnesota Music the side of a steep hill and remaining retatively Directory unsean from the highway, the park is a one-of-a-kind wonder that most people from across the Twin Cities ( have yet to discover. Caponi, who immigrated to this , Page 1 of 7 T pe Ke ord(s): Happy Hour ; CATEGOF2Y INDEX -RES7AURANTS -Restaurant Ads -Coupons -Menus -EVENTS -Bars 8 Clubs -Concerts, etc -Pertorming Arts •COmedy -Misc. Events -MOVIES •RETAIL SERVICES -MISC. AOS http://www.citypages.com/databank/22/1075/arkic1e9685.asp 12/27/2001 '. FfEYWORD`JERftC:H Cast out of the garden? Sculptor Tony Caponi with one of his creations City Pages: Eagan Needs Luxury Homes counhy from Italy when he was 15 years old, purchased the lot in 1949 from a German farmer and quickly went to work on building a home for his family. And he has been cultivating and sculpting the land ever since. For the past decade, Caponi has been gradually opening up his sanctuary for public use and working with local residents and city officials in hope of preserving the park for future users. His ultimate goal is to sell the park to a nonprofit organization so that he can focus solely on guiding its artistic direction. But in recent years Caponi has perhaps spread himself too thin, trying to squeeze in time for politicking in between pulling weeds and making sculptures, and now his 60-acre dream is in danger of coming apart. In fact, a heary property-tax burden and dormant fundraising efforts may force Caponi to sell part of his land to housing developers in the ever- land-hungry suburbs within the next year. "I'm too proud to cry out for help, and I have always wanted to be thought of as someone who does things instead of talks," Caponi remazks in a still-discemible Italian lilt. "But now I want to start talking! I want to get into more programs and teach again and have young apprentices. Most of all, I want to preserve this park for posterity. I know I'm not a superman, though, and I need more help real soon." To realize how all-encompassing and unique Caponi's vision is, in this Twin Cities suburb or anywhere else, all you have to do is take an afternoon stroll along one of its winding stone paths or dirt roads. Split in half by one of Eagan's busiest highways, the Caponi Art Pazk remains wholly tranquil, its many hills and thick forest protecting it &om extreme noise pollution. You can discover most of Caponi's more than 20 individual sculptures, ranging from abstract stone carvings to compassionate explorations of the human form, on the park's north side in an open space surrounding Caponi's modern house and art studio, which are themselves entrenched in the face of a hill. In the adjacent wooded areas you may come upon other artworks planted here and there in open pockets, tucked away from the major trails. Page 2 of 7 http://www.citypages.com/databank/22/1075/article9685.asp 12/27/2001 City Pages: Eagan Needs Lwcury Homes °I have tried to give (the pazk) a definite spiritual quality," Caponi says. "Many of the individual scuiptures are even hidden throughout the park so that people may discover them. It can be a process of self-discovery as well." Caponi began to allow local residents to make their own discoveries inside the park in the early Nineties, not long after he retired from a 37-year stint as chair of Macalester College's art deparhnent. Today the Caponi Art Park is free and open to the public six days a week throughout the summer, regularly hosts concerts and theater performances, and occasionally houses artists-in-residence and conducts art camps. (The Minnesota Sinfonia will perform at the Caponi Art Pazk on Sunday, 7uly 15 at 7:30 p.m.) And here's the kicker: Not only does Caponi, along with his second wife, Cheryl, still do the bulk of the work, but heading into his ninth decade, he says he is a ways from fully realizing his artistic vision. On a clear and balmy summer day, Tony and Cheryl Caponi take an afternoon idler on a tour of the pazk, first heading toward its more wooded, less developed south side. Although Caponi stands no taller than 5- foot-7, his sturdy arms and large, well-rounded belly enhance his robust bearing. Along the course of the tour it also quickly becomes cleaz just how obsessively close he feels to every square foot of his land. He cannot walk a hundred yards without passionately bemoaning something to the effect of "Ah, Cheryl, we need to water the grass here!" or "Cheryl, that birch tree is dying!" °I know, Tony, I know," Cheryl snaps in response to each crisis--one of a hundred she no doubt hears about every day. Just before he crosses to the pazk's other side, Caponi pauses in front of one of his most visceral, eye- catching works, "Pompeii," a 170-foot-long sculpture consisting of more than a dozen bronze panels of contorted bodies and skeletons placed horizontally into the ground. Taking its broader shape from the hillside in which it is embedded, the piece draws from the volcanic destruction of its namesake Italian city in 79 A.D. The outlines of bodies appear as if they aze actually buried in mountain and volcanic ash. Page 3 of 7 http://www.citypages.com/databank/22/1075/artic1e9685.asp 12/27/2001 City Pages: Eagan Needs Luxury Homes "Pretare, the town T come from on the Adriatic coast of Italy, the word itself ineans 'place of rocks,"' he recalls. "IY was at the foot of a mountain, Monte Votorre, which was a beautiful monument I woke up to every morning." Caponi retumed to the peasant village as an American soldier when he fought in World War II. The scene will serve as the climax in Caponi's new book, A Voice From the Mountains, to be published by Ruminator Press this fall. The autobiographical tale poetically describes Caponi's artistic and spiritual philosophy within the context of his Italian upbringing. "Once I returned to America, I eventually found the biggest hill I could find and made a home of it," Caponi says. "The only problem was that there were no rocks here, so I had to go to my neighbors' farms to dig some up." Caponi used those stones to build the first walls and sculptures on his land. Back on a guided tour of the park, Caponi finally reaches the south side, which overlooks his latest major sculpture and an addition to fhe grounds--a circular, stone-and-brick, Greek-style amphitheater that has hosted performances since last year. In this handsomely groomed spot, Caponi reminisces about when he first began creating space for the park and shaping the land. "When I started, all of this land was completely rough and untraversable. Now look at where we've come," he declaims, waving his hand before the smooth grassy bowl that encircles the amphitheater. "You know, back then I had only farmers for neighbors. They wouldn't believe how the place has changed!" Caponi's marvel at the changing landscape could extend well beyond his 60 acres to the region in general. The town of Eagan, which has developed 94 percent of its available space and is Dakota County's most populous suburb, wasn't fully incorporated when Caponi moved in. The Caponis have always welcomed their new neighbors as they arrived, but the town's development boom has created some pressures on the park along the way. For years, the Caponis haue warded off home developers nipping at Page 4 of 7 http://www.citypages.com/databank/22/1075/artic1e9685.asp 12/27/2001 City Pages: Eagan Needs Lwcury Homes their heels with million-dollar offers. The only ground Caponi has ever sold, in fact, has been for the development of Eagan city parks, which border his land on two sides and have kept it well protected. Yet saying no to further development has increasingly become a challenge. A recent proposal taken up by a city task force would approve the purchase of land just north of Caponi's property for an 18-hole golf course and possibly adjacent lots for luxury homes. With this boom in the background, Caponi has been struggling to sell his park to a nonprofit organization that will maintain its artistic mission. In 1992, he even established a nonprofit park foundation, which now consists of ten boazd members, to raise funds that would go toward hiring help for the park's basic upkeep and a(hministration. One of Caponi's plans would have the foundation, as a legally independent body, purchase the park from its founder, while he remained separate from fundraising activities. Caponi is now offering to sell the pazk for solely the value of the land, which has been appraised at roughly $50,000 an acre (for a total of $3 million). Caponi would exclude the value of the work he has already put into the site, which he estimates to be worth $1 million, and he would continue to live and work at the park for free.) After numerous discussions with the city and county, including a failed 1996 referendum that would have authorized funds for the city to buy part of the pazk, Caponi and the foundation were forced to tum to the state Legislature for a property-tax break. By the end of the 1998 session, both houses passed a special bill that allowed the Caponis to pay taxes at the agriculttual instead of the residential rate for five years, thus saving them roughly $20,000 to $30,000 a year. The conditional tax break was supposed to give the Caponi Art Park Foundation time to raise enough funds to purchase the park, making it tas-exempt, while the Caponis continued their benevolent mission. (Not surprisingly, there's no designated tax bracket for individual residents who desire to share their enormous plot of land with the public for artistic purposes.) Yet at the end of this tax labyrinth lies a possibly disastrous dead end: Four years have passed and the Page 5 of 7 http://www.citypages.com/databank/22/1075/article9685.asp 12/27/2001 City Pages: Eagan Needs Lwcury Homes foundation is nowhere neaz acquiring enough funding to purchase the park from Caponi or to provide for its basic operating costs. If the foundation continues on this track for the next yeaz, the Caponis will owe five yeazs' worth of back taxes For the higher residential rate with interest, which could result in what Cheryl Caponi approximates to be a$200,000 bill. "We don't know what will happen to the park," says Ken Vraa, who has been on the Caponi Art Park board from the get-go and has served as director of Eagan's park board for the past 21 years. "We have a campaign thaYs ready to kick off, but it's late in the game and we just don't know." Vraa reports that the boazd has gotten off to a slow start, having underestimated the amount of work needed to run an effective fundraising effort. He also cites the many staffing and structural changes they have experienced in recent yeazs. The pazk boazd director has a few choice words to say about the failed 1996 parks referendum. This plan, Vraa recalls, would have authorized funds for the city to potentially buy 22 different parcels of land, of which Caponi's was just one. By the pazk boazd director's account, a small band of citizens launched a successful attack against the initiative two weeks before the vote--eventually blocking what Vraa argues would have amounted to a$12 property tax increase per Eagan homeowner. In the wake of this experience, Vraa contends that many people may verbally support Caponi and his dream, but they act more hesitantly when the time comes to take out their checkbooks. "Some people think that [Caponi] is just in this for self-enrichment," Vraa says. "That's just wrong. He is not very wealthy to begin with and doesn't have a real income stream. He could have sold the land years ago, but he really wants to leave a legacy thaYs enduring. His vision is just incredible." Yet the question lingers: If Caponi is so determined to preserve the park, why doesn't hejust give it outright to the nonprofit foundation, or at least significantly reduce the price tag? Though one suspects that Caponi may yet play that cazd if the tax situation becomes desperate, far now, no such proposal is on the table. In the meantime, none of the Page 6 of 7 http://www.citypages.com/databank/22/1075/artic1e9685.asp 12/27/2001 , City Pages: Eagan Needs Luxury Homes Eagan officials contacted for this story had a skeptical word to say about the virtue of Caponi's project--but neither, it seems, have they moved the situation closer to resolution. Vraa, who has witnessed Eagan run its fu1120-yeaz fast track to development, believes the loss of Caponi's pazk would cause irrepazable damage to the suburb. "You irnow, iYs a young city and sometimes people forget the value of art and community," he explains. "They're just so husy laying sod down in their backyazd or hying to get their kids to T-ball practice. Then, when the city gets older, people may finally start to want a preserved open green space. Well, people need to realize that space exists now at Caponi's, because time is running out." Despite his disappointment with the predicament, Caponi, for his part, does not place heavy blame on the ten volunteer board members. But he remains adamant that he will preserve every acre of the park, even if he has to tum to other sources besides the foundation. "I'm not a quitter," he proclaims, shaking both fists. "The park will be; there is nothing else. I may become destitute, but the park will be here no matter what." What do you think? • WRITE A LET7ER TO THE EDITORI Entire contents 02001, City Pages Media, Inc. 401 North Third Street, Suite 550, Minneapolis, MN 55401 - (612) 3751015 - Ali nghis reserved. No part of this service may be reproduced in any form withoul the express wrftten permission of City Pages, Inc. except that an individual may download andJor (orward articles via e-mail to a reasonable number of recipients for personal, non-commercial purposes. CITY PAGES: Home I Online & Pnnt Ad Info I Work at Ciry Pages I Contact Us OUR SISTER PAPERS: Vi11aAe Voice I LA Weekly I Seattle Weekly I OC Weekly ? Nashville Scene I Cleveland Free Times http://www.citypages.com/databank/22/1075/article9685.asp Page 7 of 7 12/27/2001 *dtV oF eegan PATRICIA E AWADA Mayor PAUL BAHICEN PEGGY CARLSON CYNDEE FIELDS MEG Tll LFv CounalMembers THOMAS HEDGES CiryAdmittisvator Municipal Center. 3830 Pilor Kno6 Road Fagm, MN 55122-1597 Phone: 651.681.4600 Fax: 651.681.4612 TDD: 651.454.8535 Mainttnance ficility: 3501 Coachman Poin[ Eagan, MN 55122 Phone: 651.681.4300 Fax: 651.681.4360 TDD: 651.454.8535 www.atyofeagan.com THELONEOAKTREE The symbol of svength and growrh in our wmmuniry January 23, 2002 Representative Tim Pawlenty 459 State Office Building Saint Paul, MN 55155 Dear Representative Pawlenty: ?LA--? In official action taken at the January 22, 2002 Eagan City Council meeting, the Council unanimously approved a resolution in support of the legislation that you and Senator Wiener plan on introducing in the 2002 session regarding special assessments on property dedicated to the arts. Recognizing the value that the Caponi Art Park has to the Eagan community, the City Council fully supports the proposed legislation. Moreover, Mr. Anthony Caponi has stated his intention to enter into a contract to convey the Caponi Art Pazk to a 501 (c) (3) corporation, which further enhances the City Council's support of the bill. On behalf of the City Council, I thank you for the vital role you have taken to ensure that the Caponi Art Park continues to be a valuable asset for the Eagan community to enjoy. Sincerely, Thomas L. Hedges City Administrator Enclosure: January 22, 2002 Eagan City Council Resolution { ,. . city oF eagan PATRICIA E. AWqDA Ma}ror PAULBAKKEN PEGCY CAR7 SON CYNDEE FIELDS MEG TILLEY Council Members THOMAS HEDGES CiryAdminisvarot Municipal Center: 3530 Pilot Kno6 Road Eagan, MN 55122-1897 Phone: 651.681.4600 Faz:G51.681.4G12 TDD: 651.454-8535 Maintenance Facility: 3501 Coachman Poinc Eagan, MN 55122 Phone: 651.681.4300 Fax: 651.681.4360 TDD: 651.454.8535 www.cityofpgan.com THE LONE OAK TREE The rym6o1 of strengch and groKrc}i in our Community Janllary 23, 2002 Senator Deanna Wiener 303 Capitol, 75 Constitution Avenue St. Paul, MN35155-1606 Deaz Senator Wiener: TI'rl In official action taken at the January 22, 2002 Eagan City Council meeting, the Council unanimously approved a resolution in support of the legislation that you and Representative Pawlenty plan on introducing in the 2002 •session regarding special assessments on property dedicated to the arts. Recognizing the value that the Caponi Art Park has to the Eagan community, the City Council fully supports the proposed legislafion. Moreover, Mr. Anthony Caponi has stated his intention to enter into a contract to convey the Caponi Art Park to a 501 (c) (3) corporation, which further enhances the City CounciPs support of the bill. On behaif of the City Council, I thank you for the vital role you have taken to ensure that the Caponi Art Pazk continues to be a valuable asset for the Eagan community to enjoy. Sincerely, Thomas L. Hedges 5 -' City Administrator Enclosure: January 22, 2002 Eagan City Council Resolution Resolution WHEREAS on Januazy 6, 1998, the Eagan City Council approved a motion in support of proposed legislation to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60-acre tract of property at 1215 Diffley Road known as Caponi Art Park for special assessment purposes for five years. WHEREAS the legislation provided that if the property or any portion of it were, during the five year period, conveyed to anyone other than Ms. Caponi, a child of Ms. Caponi or a non-proFit corporation, all deferred special assessments would be payable with interest and the taxing district would recapture the tax differential between the agricultural classification and the appropriate classification othenvise assignable to the property. WHEREAS State legislation is being proposed for the 2002 Legislative Session to amend Laws 1998, chapter 389, article 3, section 42 regarding transfer of property and payment of defened taaces. WHEREAS under the proposed legislation in Subd. 2, the recaphzre of property or any portion thereof is subject to additional tases if...(2) the current owner or the spouse or child of the current owner has not conveyed ar entered into a contract before July 1, 2007, to convey the property to a nonprofit foundation or corporation oneratine the property as an art park providing the services included in section 38, clauses (2) to (5). WHEREAS under the proposed legislation in Subd. 2, the additional taxes are imposed at the earlier of (1) the year following the transfer of ownership to anyone other than the spouse or child of the current owner or a nonprofit foundation or corporation opera#inQ the property as an art park, or (2) for taxes payable in 2008. ?.. WHEREAS under the proposed legislation in Subd. 4, for the purposes of ttt'e.this act, "nonprofit foundation or corporation" means a nonprofit entity as defined under-section 501 (c) (3) of the Internal Revenue Code that is operating the property as an art pazk providing services included in section 38, clauses (2) to (5). : -? NOW, THEREPORE, BE IT RESOLVED that the Eagan City Council recognizes the community service value of Caponi Art Pazk to Eagan residents; and hereby supports the State legislation that provides for the deferral of property taxes and special`assessments on certain property dedicated to the arts. - 7 -.. CITY-OF EA ' ?? ?? %?CITY{ COUlYQIL; ;1?,! ' ? - CA BY: It Mayor ' Attest: ?0a-aA ?0,/CZ0 Its Clerk ? Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this l lth day of December, 2001. ? Z-?5 ?--- ? ?. ? ? I ? , ?? l?•r? ???J ??e?? ?tti?'? ?? er? C , GL,a C/? G" L C I%t !Z l L/ v^?/? . ? / ?---- ? ? U/v?L Sf j?C Lr r?,Uil-W r ?v (?R/v'`,- January 24, 2002 Brandt Richazdson Dakota County Administrator Dakota County Administrative Department 1590 West Highway 55 Hastings, MN 55023 Dear Mr. Richardson, As the founder of the Caponi Art Park and Learning Center, I come before the Dakota County Boazd of Commissioners with the humble admission that the AR Park's Board of Directors failed to secure ownership of the park within the time limits established by the special legislation the Commissioners endorsed in 1998. I now ask for the Board of Commissioners to support the enclosed legislation drafted by House Majority Leader Tim Pawlenty that provides an extension of taac deferment as a safery net while the involved parties are at a point of correcting the situation as quickly as possible. The bill is co-authored by Senator Deanna Wiener. The bill will be introduced on January 29 and is scheduled for a hearing before February 22. Mayor of Eagan Pat Awada, an Art Pazk board member and myself will appear at the capital to give reasons for the adoption of the legislation. The city of Eagan has already approved its support of the tax deferral. Tom Hedges, City Administrator will accompany me at the January 29 County Board of Commissioners meeting to confirm the city's renewed intention to help secure the future of the Art Park. The rationale for the above request is as follows: - The physical development of the Art Pazk and its programs are an accomplished reality without the use of taxpayer's money. - The reliance on a board of directors to provide for this unique project without decisive commitment hy the ciry of Eagan proved to be inadequate. - To assure a fresh start, the boazd voted on December 20, 2001 to reconstitute a new board with the objective of continuing the efforts of securing the future, the preservation and operation of the Art Pazk. The recent administrative changes allowed me to ask the McKnight Foundation for a $1 Million gift that I pledge to match rvith a substantial gift of my own. Neal Cuthbert, senior program officer at MeKnight laid out some reasonable prerequisites for their gi8 which included a serious effort by the city of Eagan and local community to lead the way. The City is responding favorably and we are all determined to achieve results in much less time than requested. It should be understood that once Lhe park land is protected, the boazd of the non- profit corporaUon will make itself responsible for providing for on-going park operations, independent of local govemment. As further reassurance that the public's interest is being protected, I respectfully remind the board of commissioners that if things should not work out, all the deferred taxes will become due with interest. Sincerely, Anthony Caponi Founder and Artistic Director DAKOTA COUNTY SURVEY DEPARTMENT GARY H. STEVENSON, R.L.S. COUNTY SURVEYOR (612) 431?1153 APPLE VALLEY, MINNESOTA 551e RECLIV?' ?l I n,1 -?-' ..siiu ? `?y' 1987 Januaty 27, 1987 Tom Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Colbert: Enclosed please find the highway easement with the rights oP access that should be granted to Dakota County by Anthony Caponi. This per your phone request on January 22, 1987. Sincerely yours, . ?? Gary A. Stevenson Dakota County Surveyor GHS:vf Encloaure AN E9UAL OPPORTUNITY EMPLOYER cavoNi ? LERFNIN6 CENiER 1205 Diffley Road L•agan, MN 55123 651-454-9412 www.caponiartpark.org Park Hours The Caponi Arl Park is open daily May through October. The park is an idcal setting for individual and group retreats and providing creativc iospiration to a variety of disciplines. Guided group tours availablc by request Community Support The operation of the Caponi Art Pazk as a 60-acre artistic and natural oasis relies on the gcnemsity of the people it serves and share its vision. We aze grateful for the support oPthe following donors and collaborators. Aggregate Industries Hedberg Aggregate Katherine B. Andersen Fund HiLite Elechic of The Saint Paul Foundation Grotto Foundation Borgert Products ISD 196 Femily Services Brock-White Company Collaborative City of Eagan Edward Kracmer & Suns COMPAS Kach Petrofcum Group Dakota Counry Coacetions Metropolitan Regional Departmcnt Arts Counci] Dakota Elcctric Association McKnight Foundation Eagan Convention and Minnesota State Arts Board Visitors Bureau Rotary Club of Eagan Eagao Foundation Seaberry Landscapiog, Inc. Eagan Heal[hy Community SA- AG, Inc. Initiativc Target F. R. Bigelow Foundution West Group CAPONI ? LEARNING CENTER "...Where people come together with art and nature to restore, nurture and maintain the unity of the human spirit." THE CAPONI ART PARK AND LEARNING CENTER A cultural center nestled in a natural setting where art and creative activities become accessible to people of all ages and backgrounds. Current Introduction The Caponi Art Park is cultural and leaming center located in Eagan, Minnesota. The Art Park began as an artisYs vision and has evolved over time from a per- sonal project into a pubtic art center with a tradition of annual summer perform- ances and educational programming. To sustain these programs and assure its continued growth the Caponi Art Park was incorporated as a nonprofit organiza- tion in 1992. For more than 30 years Anthony Caponi, sculptor, retired professor and chair of the Art deparhnent of Macalester College in St. Paul, Minnesota, has devoted himself to developing the 60-acre site as a place where visual and performing arts can be presented, and fostered, in a natural setting. The unique concept of the Art Pazk is that the land itself is treated as a work of art. The con- crete and dirt paths are linear drawings, retraced and animated by each person who walks on them. The rock walls and shaped earth are the sculpture into which conventional works serve as details of the organic whole. In these stressful times when people are rediscovering the importance of spiritual values and the need for human fellowship, the number of people using the Art Park as a place for calm reflection and inspiration has increased dramatically. The Caponi Art Park has been successful in meeting these needs by providing activities that make art approachable - by encouraging direct involvement with a variety of art forms in a natural setting. ln addition to the art works on perma- nent display and programmed activities the park itself is a fulfilling experience of relaxed appreciation of nature and art that invites creative paRicipation and a sense of personal discovery. The overall design and layout of the 60-acre park has been completed with miles of roads and walking paths, parking space and other infrastructure. The Theater is the Woods is the most recent addition to the Caponi Art Park. Nestled within a natural bowl the theater accommodates audiences of more than 500 people under a canopy of trees that creates an intimate experience for both performer and audience. The 50-ft. diameter stage meets the needs of the largest performing groups and will allow for more diverse and complex programs to be offered. The theater has also proven to have almost perfect acoustics and per- formers are eager to return because of the unique qualities of the site. Theater ln the Woods "... an arrestingly intlmate snd inviting outdoor performing space:' Gwendolyn Preed, Star Tribune Form No. 1M-WARflANTY DEED hLnn? xuu llnlfnm, Canvrvmeinr nl.nke (I978) rninei D:wn en M,nneownie YsnerOa.rs Co. Msn?spwls +...?.InJivitlwl (s) 1o InUiviAunll$1 I I No delinyucnt taxes and LrnnsCcr entered; C'erl.ificn6e of Real F.state Value ( ) filed ( 1?io1 required Cereificale o[ Neal Estate Value No._ _ __ _ - -- --. 19 ---- by Caunty Auditor STA7'E pEED TAX UUE IIEREON: $ EXEWT _ Date: 19? (reserved for recording data) FOR VALUABLE CONSIDER:\T[ON, ANTHONY CAPONI and CHERYL CAPONZ husband and wife , Grantor (S), hereby convcy (s) and warranl (s) to CITY OF EAGAN, a Minnesota munlciAal _ corporation _ ,Cranlee(s), real property in _ Dakota _('ounty, himnesota, described as [ollows: See Exhibit A attached hereto and made a part hereof. UI n?nre space ie nen,ied, cunUnue on back I wgethcr with all hereditaments aud appurtvnancrs belonging thereto, subject tu the following exceptions: ? _ An n n1 • STATE OF AfINNESOTA ClV I l.t.fl GL44. COUNTI" OF -0 w?_'QT? ? ?• Cheryl aponi The foregoing instrument was acknowledged before me this 'Y tk day of by _ ANTHONY CAPONI and CIiERYL CAPONI husband and wife , Grantor(a). NUTARIAL STAMP OR SEAL (OR OTHER TITLF OR RANK) -------------------- THIS INSTAUMEN7'wAS DRAFTBU BY INAAIE ANf: ADDREa37 Hauge, Eide & Keller, P.A. Town Centre Professional Building, Suite 200 1260 Yankee Doodle Road Eagan, MN 55123 (612) 956-9000 KEVIN W. EIDE y ? NOTANY OUBUC- MINNESOTA HENNEPIN COUNTti ? My Commiaron ExD?res May : Taa 8uummu !n[ tM ntl OreVonr doscefOeG b tEls InMUmeel OouN Ee wnl w(Includr name snd aAdrer ol Onmee). ('TTV !?F F.ArAU 3830 Pilot Knob Imad Fagan, MV 55121 ? C.S.A.H. No. _ County Road No. File No. S.A.P. No.. Project No. Parcel No. Grantor(s), of Minnesota, for and in consideration of One nollars ($ 1.00 ) hereby convey(s) and warrant(s) to the COUNTY OF DAKOTA, a Municipal Corporation of the State of Minnesota, grantee, for highway purposes, together with the unrestricted right to'improve the same, free and clear of all encumbrances, the following described ceal estate in the County of Dakota, State of Minn- esota: A permanent easement for Dakota County Highway purposes over under and across the North 75 feet of the following described tracts of land: The north 295.16 feet of the east 196.16 feet of the Northwest Quarter of the Northeast Quarter. And the north 295.16 feet of the west 99.0 feet of the Northeast Quarter of the Northeast Quater of Section 27, Township 27, Range 23, Dakota County, Minnesota. Together with all rights of access thereto. And the said grantor(s), for._self/themselves,.--/their heirs, executors, administrators and assigns, do(es) covenant never to cut, damage, destroy or remove any tree or shrub oc other natural growth upon the herein- before described premises for the continuance of this easement, and do(es) hereby grant and convey to the said County of Dakota all grasses, shiubs, trees, natural growth, and all earth and other materials now existing on said lands or that may be hereafter planted or grown thereon. And the said grantor(s), for_self/themselves,._/their heirs, executors, administrators and assigns, do(es) hereby grant permission to Public Utility Corporations to place utility poles on a line feet normal distance from the centerline of Co. Rd./C.S.A.H. No. ; and further agree(s) to permit said Public Utility Corporations to overhang their insulators or, in the altemative, one-half the width of the utility pole crossarms, over that portion of the a6ove described property abutting said above described line. And the said grantor(s), for_self/themselves,?/their heirs, executors, administrators and assigns, do(es) hereby release the County of Llakota, its successors and assigns from all claims for any and all damages resulting to the lands gcanted under this easement by reason of the location, grading, construction, maintenance,and use of a public highway over and upon and the removal of matecials from the premises hereby conveyed and from the uses incident thereto, and the County of Dakota shall have the right to construct and m aintain, upon the lands adjoining the paccel hereby conveyed, such portable snow fences during such months as weather conditions make necessary. Dated this day of , 19_. This Instrument Drafted by: HIGHWAY EASEMENT Exempt from State Deed Tax STATE OF MINNESOTA I ss. COUNTY OF ?-. _. . On this day of , 19 , before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. My Commission Expires .O.n y? F`? ? ? C7 y a ? I m m m C l N ?cr ? m .'?7 p O '?7 c. m p c ? ?e ., ? ? K1 3 ? °,?? ?' 9 z ? .» ? ° x z 0 ...,. a ^ a o l o. ?m d a a f ? p N N o ?• o 0 a. ? ? • O fD 7 S r 0 n v ? n 0 a z a k 0 ? d a x 0 ? a 0 ? 0 3 .. r? ? ?C ? lJ ? y , 19_ nn o L? a? z 0 'D O z O