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4115 Lexington Way
CITY OF EAGAN Parcel 10 02200 O1l 76 State (QQ,,-? Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATERMAIN ;. WATER LATERALdc Stllb 1982 '2557- 59 1`'r'Q„ Q 1 WATER AREA I883.00 125.53 IS STORMSEWTRK 1018 1986 2227.50 148.50 15 STORM SEW LAT CURB & GUTTER SIDEWALK STREET LiGHT WATER CONN. 335.00 27567 11-3-81 BUILDING PER. SAC PARK _.?_---INSPEC'I ? CITY OF EAGAN 3830 Pilot Knob Road f Eagan, Minnesota 55122-1897 ? (612) 681-4675 SITE ADDRESS: ,?, t? •.tNiili?y t??? ! ? I i i11'! . N RECORD PERMIT TYPE: Permit Number: Date Issued: APPLICANT: TYPE OF WORK: cj Ai K r-. F? a t. N IIRN kFPA1H/-v11IH6i_F. !'()OF ?-a0^?g 6 .? ?. ? -------------- ? ? PERMIT SUBTYPE: PertnR No. PertnR Holder Date Telephone # ELECTRIC PLUMBING HVAC Inspection Date Insp. Commenta FOOTINGS FOUND FRAMING ROOFING i ROUGH PLUMBING PLBG AIR TEST ROUGH HEATING GAS SVC TEST INSUL GYP BOARD FlREPLACE FIREPLACE AIR TEST FINAL PLBG FINAL HTQ ORSAT TEST BLDG FINAL BSMT R.I. BSMT FINAI DECK FTG DECK FlNAL / ? ?60`j.? ?f? ciTr oF IEA"H WATER SERVICE PERMIT a 3795 Pilot Keob Rood PERMIT Np.: t Eagan, MN 55122 DATE: ? Zoning: - No, of Units: Owner: Address: Site Address: ! o- oo;? Plumber: (Ot I z Meter No.: - Connection Charge: Size: Accourrt Deposit: Reader No.: Permit Fee: 1 agrea M eomPly with !ha City of Eogue Surchorge: Ordinanaea. Misc. Charges: Totul: BY Dcte Paid: Date of Insp.: 1- , CITY OF EAGAN 3795 Pitot Kno6 Road Eogan, Minnesoto 55122 Phone: 454-8100 uIATER SOFTFRNF'.R pERMIt Date: 3/18/80 Site Address: l+l15 SO. LeZi2qtOri Lot 1?)A9 Bfock Sub/Sec. No. 3 31 r Receipt No.: Single ,,- Residential - lvlulti Res., Comm./lnd. I Nome , ,-ale " ' llor ' New/Alter./Repair 3 Address Cost of Installation G ? J ?1 . City Pho'nec Permit Fee Name ijTe:'.-?. C1,,- • Surcharge . ? ' 'l;` j '.'fr. q,s , ? Address ? ? e G? _. . City ` Phone: ? Total This Permit is issued on the express condition that cll work shall be done in cccordance with oll applicable State of Minnesota StatuTes ond City of Eogan Ordinances. Building Minnesota State Board of Electricity 1?54Uaiversity Ave., St. Paul, Minn. 55104-Phone 645-7703 ` - REQUEST POR ELECTRICAL INSPECTION f? R 6411? CHECK BELOW WORK COVERED BY THIS REQUEST Type of Building New Add. Rep. Check Appliances W'ved For Check Equipment Wi[ed For Home ? ? ? Range ? Temporary Wiring ? ? Duplex ? ? ? Wa[ecHeater ? LighUngFirztures ? Ap[. Bldg. ? ? ? Dryer ? Electric Heating ? Commercial Bldg. ? ? ? Fumace ? Silo Unloadet ? Indus[rial Bldg. ? ? ? Air Condi[ioner ? Bulk Mdk Tank ? Fazm ? ? ? L is[ ) List Othex ? ? ? y p HeieISf HeierS? COMPUTE INSPECTION FEE BELOW Selvice Entrance Size: # Fce 1 117eedersfitSubfeeders: a Fee Circuits: # Fee 0[u 100 Am s. 0[0 30 Am eres 0 to 30 Am tes I01 to 200 Amps. 31 to 100 Am eres 31 to 100 Am res Abave 200 Amps. Above ]00 Amps. Above l00 Amps. Transforme?s RemoteControlCirc. Partialototherfee Signs S cial Ins ection M'vtimum fee S5.00 Rema[ A ' TOTAL FEE I, the Eflctri? ?!' t ' er iy certify that the above inspection has been made. (Rough-in) Date (Final) ?[?1qte This request void 18 months from ?0 ? ZoO OU '7 (D G a ?i6 This'requestyoid 18 months fcom Z ? j p 64 11 9 Date of t ' equest?'°?` '?/ R I, as VTLicensed Electricai Contractor ? Owner, do hereby request inspection of the above electri- cal wiring installed at: 11'1? Street Address or Route No. ?r r Section Township Which is occupied by Is a roughin inspection required on this ? E Power Supplier Electrical Contractor omp Mailing Address? (EI trli Authorized Signature roc ( Iectrlcal cont?? ??a?? BoARD Range County No Ysy-2y.f? This inspection request will nat be acceptad by ffie State Board unless proper inspection fee is endosed. Ready Now L7 Will Call ? 4-a? °?? EAGAN T01NN S H I P ILDING PERMIT Owne: ------ ..... -?,- - . _?"- -''If,i-- -- V? - -- ? i - - - Address (Presenf) -"--.. "" - - ? Suilder --??'C?GC=[,4t.?y ----- . ? . ,?..?-?' Address ---------------------- ------................v._..--- - --? -?---.' DESCRIPTION ?- > la- alL N° 523 Eagan Township Town Hall De:????0........ Siories To He Used For Fron! Depih eel Remarks Heighf Esl. Cosi (PesmiY F L ^ LOCATION r /ll SYzeei, Road or OJter Descripfioa of LocaYion Lo! Bloak Addiiian or Traci ? This pexmt doe oY auihoziae the use of s]reeYs, roads, alleys or sidevralks nor does i ve the owner or his ageni the righi !o cseat any siiuatiom which is a nuisance or which presenis a hazard !o the he !h, safeiy, convenience and geaeral welfare io anpone in the communiSy. THIS PERMIT MUST S£ P ISE WHILE THE WORK I5 IN PROGg/7p?7? . This is to certify, lhaY._. _ ?. .?. . . .. ._..._ ,?.Q -....__has permission !o erec3 a...._,1yv.l(I?f??<.._ . .. . . . . . . .......upon the above deseribed premise subjecY io !he pz6visions of the 8uilding Oxdinance for adop3ed April 11, 1955. ?? ?? ..?7 . ? . .. . / Chaisman of Town Board i? oF eagan ?ROJECT DESCRZPTION: Substantial Ccmpletiop of Sever S Water STEP 1• P aMIcSTAN TO HOOK UP SANSTARY SELIER _ Liaes Lamped and Acceptable _ Defleocion Mand=el Test Passed _ Manhole Structures Propesly Constructed (cssg. 6 cover, riags, cone, 1 ft. sections, final rim setcing, & build and imert) _ Znfiltratlon Test SERVICES _ All Wye Locations confirmed _, All Curb Soxes Exposed, Set Required Service Risers Tel COMMENTS - /). *-? .t- ';Y?dl? f?CX•'+??i?rnj - Cnncract No: Projecc No: Submi[tal Date: //- Z/ - ? c Da[e of {JATER MAIN _ Properly Chlorinated & Flushed _ Entire System Pressuze Testad _ Encire System Conduocivity Tested _ A12 Valve Boxes Accessible, straight 6 keyed _ A11 Valves Opened ar Closed as Approp. _ Hacteria test comple[ed to Proper Grade & Harked vfFence Post Xised 5?EP TI- £ULL USE PEF[_HIT (OCCUPANCY) _ Lines Lamped 6 Acceptable _ CB Structures Properly Constructed (cstg fi cover, rings, 1 ft. seccion, inverc, final cstg. setting & build, DL-DR correctly set rings 6 cscg. set in full bed of mortar) _ Aprons, Dissipators 6 Rip Rap properly installed COMMENTS• _ Material Tests Checked S Passad (Conc. compresaive scrength & Air Concent, BiLUm. Extacc 6 gradation, gravel base gradation). _ Utility Structures & Llnes Clear & Free of Debris 6 Gravel (Cace Valves keyed) RECOMMENDATTON? I herein verify that the tests and inspections indicated above have been successfully compleced. Any deviations or exceptions are descrihed in my coiucencs. Glith Chis considered I recommend that permission co hook up or permission for occupancy be granced as approprtace co the above indications. Signed Project pect r ,? Confirmed bv: / wti L ? ? Public uorles Deparcme.n[ VPS !CAIlPFRN FN C2TY OF FAGAN I C) -oZZ 00 - O t I --7fo i SEVERSON, WILCOX & SHELDON, P.A. LARRY S. SEVERSON• JAMES F. SHELDON J. PATRICK WILCOX• MICHAEL G.DOUGHEATY MICHAEL E. MOLENDA° •AI.SO LICENSED 1N IOWA ••ALSOLICENSEDINWISCONSIN ... ALSO LICENSED [N NEBRASI{A March 7, 1991 Tom Colbert City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 R io-oa?soo-o i 76 APROFESSIONALASSOCL4TION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BAN1S BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNE30TA 55124 (632) 432-3138 1'ELEFe1X NUMSER 432-3780 KENNETH R. HALL •`•9C07T D. JOHNSTON dOSEPHP.EARLEY IAREN M.SOLFEST CF[RiS17NE M SCOTTLIA ANNE11'E M. MARGARIT DANIEL M. SHERIDAN RE: David L. Vogt Assessment Appeal City Project No. 572 Court File No. CE-90-8183 Our File No. 206-8925 Dear Tom: OFCOUNSEL JOHN E. VI7KELICFt In connection with the above matter, I enclose Stipulation for Settlement and Order for Judgment and Judgment which was filed in District Court on March 4, 1991. If you should have questions, or if we can be of further assistance in this matter, please feel free to contact me. Yery tr?ly yours, ?SEVERSON, WILCOX & SHELDONf P.A. ? 12oxann S. Duffy Legal Assistant to Michael G. Dougherty RSD/djk Enclosure cc: Gary G. Fuchs (w/enc) i^a c^W. ? f•?rMICHAEL G. DOGHERTY ATTORNEY AT LAW 600 MIDWAY NATIONAL BANR BUILDING , 7300 W 147TH ST ( APPLE UALLEY MN 55124 rGARY G. FUCHS ATTORNGY AT LAW 3460 WASHINGTON DR STE 202 L EAGAN MN 55122 _ IN RE: STATE OF MINNCSOTA COUN'TY OF DAKOTq NOTICE OF; ?rILiNG OF ORDER ? ENTRY OF JUDGMENT ? DOCKErING OF JUDGMENT Court Flle Na.; C3-90-8183 DAVI? L. VOGT ET AL VS THE CITY OF EAGAN ts( jy 7bu nra horoby notltlod thnt on MARCH 4TH 91 was dvly fllpd In tho abovo entltied mntler. ?19 on Order C1 You cre hereby notlRed thnt on wne duly enlered In the above entllled maltot. e Judgment ? You are haroby nollflod Ihal on a Judpmenl ww duiy docketod In tho ebove ontitlod mnllor In Iha nmount o! S- A Irvo antl corrocl copy of Ihls Nollca hns boon servod bymall upon Iho porllaa namod harofn at Ihe leit known addroaa ol anch, puraunnt to Mlnnosolu pulos of Civll Procedure, Ruio 77,04, MARCH 4TH, 1991 STATE OF MINNESOTA COUNTY OF DAKOTA ------------------------- °---- DAVID L. VOGT and MARCIA L. VOGT, Appellants, vs. The City of Eagan, Dakota County, Minnesota, Respondent. ------------------------------- DISTRICT COURT FIRST JUDICIAL DISTRICT :ASE TYPE: 10 - Special Assessment Appeal Court File No. C3-90-8183 STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT AND JUDGMENP Appellants, David L. Vogt and Marcia L. Vogt, and Respondent, City of Eagan, by and through its Mayor and Clerk, stipulate as follows: R E C I T A L S WHEREAS, Appellants are the owners of the following described property: Part of the Southeast Quarter (SE 1/4) of Section Twenty-two (22), Township Twenty-seven (27) North, Range Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Tax Parcel #10-02200-011-76; and WHEREAS, on September 18, 1990, the City of Eagan levied a special assessment on the above-described property for Public Improvement Project No. 572 for street improvements; and WHEREAS, said assessments were in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars; and i WHEREAS, Appellants made all proper objections to the special k assessments and have appealed therefrom; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above- captioned, but rather, desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed to reduce the special assessments against the Appellants' property for Public Improvement Project No. 572 to the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. NOW, THEREFORE, the parties do hereby enter into the following STIPULATZON 1. The special assessment levied against Appellants' property (Tax Parcel No. 10-02200-011-76) for Public Improvement Project No. 572 in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars shall be set aside and re-levied for said Public Improvement Project in the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. 2. Based on the reduction and re-levy of the special assessment, Appellants withdraw their objection to the special assessment. 3. The parties hereto agree to present this Stipulation for settlement to the above-entitled Court with the request that the -2- Court enter the attached Order for Judgment carrying out the terms of this Stipulation. CITY OF EAGAN Dated: February 15 , 1991. '?- %-'% OMAS A. EGAN e j? Its Mayor ? Dated: February /91991. By: E. . VanOVERBEKE Its ty Clerk Dated: February j , 1991 ?(i(.^i?=l DAVID L. VOGT ? Dated: February 1991. MARCIA L. VOGT ' Dated: February // , 1991. Dated: February 6 , 1991. SEVERSON, WILCOX & SHELDON, P.A. By: ? J Mi ael G. Dough } torneys for on nt 600 Midway Nat? al k. Bldg 7300 West 147th Street Apple Valley, MN 55124 Telephone: (612) 432-3136 I.D. 139570 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: li Ga . F hs, #325G6 A r eys or Appellants 4 0 Was ng on Dr., Suite 4202 gan, Mh55122 Telephone: (612) 456-9539 -3- r ORDER FOR JUDGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of Eagan is hereby ordered to set aside the special assessment for Public Improvement Project No. 572 for street improvements in the amount of Nine Thousand Four Hundred Eiqhty-five and no/100 ($9,485.00) Dollars levied against Appellants' property. 2. The City of Eagan is hereby ordered to levy special assessments against said property for Public Zmprovement Project No. 572 in the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. wr 3. The appeal set forth herein shall be dismissed,and each of ,A the parties hereto shall be responsible for their own costs, disbursements and attorneys' fees. LET JUDGMENT BE ENTERED ACCORDINGLY. -? Dated: 1991. BY THE COURT: , . .,'Judge of District Court JUDGMENT I HERBY CERTIFY THATH "THE ABOVE STIPULATION FOR SETTLLMENT AND ORDER FOR JUDGMENT CONSTITUTE THE SUDGMENT OF THE COURT." DATED MARCH 4TH, 1991 ROGER W. SAMES COURT ADMINISTRATOR (SLAL) BY '. EPUTY CLER 11K city oF eaqen 3830 PILOT KNOB ROAD 7o-qr'v`5 EGOw EAGAN, MINNESOTA 55142-1897 PaOf DHONE. (614) 454-8100 DAMD K GtlsiA650n FAX: (614) 454-9363 0'0MELA ^WOtFA TVA DnWtEMY hIEODORE WACFIfER Collrql Ne11tbers 11i0Mk5 HEDGES Oty AcininnYrdtor VAN ?E ?E February 27, 1991 CtyCk MS DENICE KOENCK - SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Stipulation For 8ettlement Project 466, Parcel l0-01500-050-02 (David i Carol Tilseth) Project 466,_Lot 4, Carlson Acres (Walter i Delores Nelson) project 572,JParcel 10-02200-011-76 (David i Marcia Vogt) Dear Denice: Per our conversation of February 27, I am enclosing three original Stipulation For Settlement Agreements for the Tilseth and Nelson property, and five original Stipulation For Settlement Agreements for the Vogt property. After execution by District Court, please return one original of each referenced parcel for our files. The property owners have not received a copy of this agreement. If you should have any questions, please give me a call. /j mj Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH ANO GROWfH IN OUR COMMUNIT`f Equal Opporfunlfy/Attirmatwe Actlon Employer 3 COUNTY OF DAKOTA STATE OF MINNESOTA DAVID L. VOGT and MARCIA L. VOGT, Appellants, vs. The City of Eagan, Dakota County, Minnesota, Respondent. DISTRZCT COIIRT FIRST 1LJDICIAL DISTRICT CASE TYPE: 10 - Special Assessment Appeal Couzt File No. C3-90-8183 STIPIILATION FOR SETTLEMENT AND ORDER FOR JIIDCiMENT Appellants, David L. Vogt and Marcia L. Vogt, and Respondent, City of Eagan, by and through its Mayor and Clerk, stipulate as follows: R E C I T A L 6 wHEREAS, Appellants are the owners of the following described property: Part of the Southeast Quarter (SE 1/4) of 5ection Twenty-two (22), Township Twenty-seven (27) North, Range Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Tax Parcel #10-02200-011-76; and WHEREAS, on September is, 1990, the City of Eagan levied a special assessment on the above-described property for Public Improvement Project No. 572 for street improvements; and WHEREAS, said assessments were in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars; and WHEREAS, Appellants made all proper objections to the special assesssents and have appealed therefrom; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above- captioned, but rather, desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed to reduce the special assessments against the Appellants' property for Public Improvement Project No. 572 to the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. NOW, THEREFORE, the parties do hereby enter into the following STIPIILATION 1. The special assessment levied against Appellants' property (Tax Parcel No. 10-02200-011-76) for Public Improvement Project No. 572 in the amount of Nine Thousand Four iiundred Eighty-five and no/100 ($9,485.00) Dollars shall be set aside and re-levied for said Public Improvement Project in the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. 2. Based on the reduction and re-levy of the special assessment, Appellants withdraw their objection to the special assessment. 3. The parties hereto agree to present this Stipulation for settlement to the above-entitled Court with the request that the -2- Court enter the attached Order for Judgment carrying out the terms of this Stipulation. Dated: February Dated: February 1991. By: E. VanOVERBEKE Its ity Clerk Dated: February S , 1991. DAVID L. VOGT Dated: February 6 , 1991. Dated: February 1L, 1991. Dated: February , 1991. SEVERSON, WILCOX & CAMPBELL, RNCITSON, SCOTT SHELDON, P.A. & FUCHS, P.A. By : By'- M'chael G. Do rty Gd torneys fo spon ent At 600 Midway % ional k. Bldq. 34 7300 West 147th Street E Apple Valley, MN 55124 T2 Telephone: (612) 432-3136 I.D. t1a570 MN 5 llants ., Suite #202 (612) 456-9539 -3- , 'i O&DER FOR JIIDGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of Eagan is hereby ordered to set aside the special assessment for Public Improvement Project No. 572 for street improvements in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars levied aqainst Appellants' property. 2. The City of Eagan is hereby ordered to levy special assessments against said property for Public Improvement Project No. 572 in the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. 3. The appeal set forth herein shall be dismissed and each of the parties hereto shall be responsible for their own costs, disbursements and attorneys' fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: 1991. BY THE COURT: Judge of District Court Page 5/EAGAN CITY CAUNGL MINUTES February 19, 1991 H. ft was recommended that a resdu0phaa#lptiilFl?.. ....?....Q. d property assoclated with Project . .. 488 - 8lackhawk Road be apprwed. :........ ............ ... . ft was recommended that the Stipulatfon for Setlemerd Aqreement for Lot 4, Carlson Acres, and Parcel 10-01500-050-52 bE epptov9d end thB M8y0r Md Gty Cl6rfc eU[h0A26d t0 lx9cUte eli releted documents. • J. P[Wect 609 AuRMrize Fees?i9ltv RnooR idHf Road Uoaradel • ft was recommended that the pieFiaration yta feasibolty ?eDort tor Project 609 (qiff Road Upgrade) be euthOrized. K Authorize Uodate to Comoreheitsh,e'SBftRarv'?St?4ei Pdicv Plan It was recommended that the update ot the Eagan ComprehensNe Sanitary Sewer Pdicy Plan be authorized. L Amendment LOGIS Joirrt and Coooerative Aprgemnt It was recommended that the rQsolut$iit:i6a?v»endin0 amendmeM oF the Joirn and CooperatNe Agreement wfth LOGIS be approved. M. Finat Plat Town CeMre 100 - Eiahih4400 .. R was recommended that the flnal plat fa the Tavr4 Cerrtre /00 - EIgMh Addttfon be approved. N. Prolect 572 Consider Assessmerrt Aooeal SettiemeM Aareemerrt n was recommended tnat cne sclputation tor sentemanc Aereernenc ta Fa?cel taorloo-Ot t as be approved and the Mayor aM Ciry qerk authorized to executa a?I related documerns. Wachter moved, Gustafson seCOiftied, a rtrtrthn to apprwe the ConserN Agenda with an amendment to the action oi Item E, Woodiands Norfh AddRion, t6st wotld 4idude a 30 day continuanoe for the final plat. Aye: 5 Nay: 0(WacMer abstafn, IteRi;?,?»:-::.>:.:::::;:<•>;:<c:•:: rupl?? Agenda Information Memo February 19, 1991, City Council Meeting ASSESSMENT APPEAL SETTLEMENT AGREEMENT N. Project 572, Consider Assessment Appeal Settlement Agreement--Project 572 provided for the upgrading and improvement of Lexington Way from Diffley Road to the north end of the cul-de-sac. Upon completion of that project, a final assessment hearing was held on 3eptember 19, 1990. During that final assessment hearing, one of ihe affected property owners objected to the assessments and proceeded to file a formal appeal to District Court. An appraiser was hired by the City to evaluate the benefits accrued to the property resulting from this improvement. As a result of this process, a forma] Settlement Agreement has been prepared that is mutually acceptable to both the property owner and City staff and is being recommended for favorable Council action. The following is the property being presented for consideration of this Settlement Agreement. Parcel 10-02200-011-76 4115 Le3dngton Way David & Marcia Vogt ACTION TO BE CONSIDERED ON THIS TI'EM: To consider the Stipulation For Settlement Agreement for Parcel 10-02200-011-76 and authorize the Mayor and City Clerk to execute all related documents. MEMO TO: MAYOR E CITY COIINCIL MEMSERS THOMA3 L HEDCiEB, CITY ADMINIBTRATOR GENE VANOVERBEXE, DIRECTOR OF FINANCE FROM: THOMAS A COLSERT, DIRECTOR OF PIIBLIC WORRS DATE: FEBRUARY 13, 1991 SIISJECT: ASSESSMENT APPEAL BETTLEMENT AGREEMENTB LOT 4t CARLSON ACRES (AALTER NEL80N) PROJ 466 PARCEL 10-01500-050-52 (DAOID TILSETS) PROJ 466 PARCEL 10-02200-011-76 (DAVID VOGT) BROJ 572 I have received formal Stipulation For Settlement Agreements for the assessment appeals associated with the above-referenced parcels for formal consideration and approval by the City Council which is scheduled for February 19. The following information provides appropriate detail pertaining to each assessment appeal and its subsequent resolution being recommended by the City Attorney's Office and Department of Public Works. LOT 4, CARL30N ACRE3 (WALTER & DELORES NELSON) - PROJ 466 This property was proposed to be assessed $14,185.53 for a 6" water lateral stub ($3,837.18), its proportionate share of storm sewer facilities within the County road improvement ($6,384) and the cost to install 120' of a private storm sewer lateral stub ($3,964.48). The water and storm sewer lateral stubs were installed in conjunction with a rezoning of the property from its current residential use to a commercial office building. However, the subsequent rezoning application was denied and the water and storm sewer lateral stubs wiZl not be used. Also, a subsequent detailed survey of the property showed that the assessab2e area used to calculate the County road storm sewer participation assessment was less than what was used in the preparation of the final assessment roll. As a result of these issues, the original assessment obligation of $14,185.53 that was appealed was reduced to $6,914 for its share of storm water runoff to the County storm sewer system. PARCEL 10-01500-050-52 (DAVID 8 CAROL TILSETH) - PROJ 466 The oTiginal final assessment roll included $769.50 for storm water runoff into the County road storm sewer system and $1,848.90 for the benefits received from the street improvement of Pilot Knob Road. The acquisition of additional right-of-way left this property as a nonconforming use relating to the front yard setback. Based on the City's appraisal, it was determined that the maximum benefit to the property was $1,309.20 which is split $769.50 for storm sewer and $539.70 for street improvements. RECEIVED FEE 1 3 1991 SEVERSON, WILCOX& SHELDON, P.A, APRAFESSIOiVALAfi80CIAT10N ATTORNEYS AT LAW LAAAYS.BEVERSON' ,TAMES F. SHELDON J- PATRICH WILCOX' 600 MIDWAY NATIONAL BANK BUILI]ING MICHAEL G. DOUGHERTY 7300 WEST 147TH SIREET MICHAEL E. MOLEN?A'• APPLE VAT.I.EY, MINNESOTA 55124 (812) 432-3136 TELEFAX NUMBER 482-9780 •ALSQ LICENSED IN IOWA °AL90 LICENSED IN K75CONSIN ...py$O L]CENSED IN NEBAASKA February 12, 1991 City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 Attention: Tom Colbert Pub1iC WOrks DiTBCtor RE: Vogt Assessment Appeal P2uT s-7 Z. Our File No. 206-8925 Dear Tom: KENNETH R.x°Lr. ••`BC07'f D. JOHNS'IYIN J09EPHP.EARLEY IAREN M. SOLFF,ST CHRISTINE M. SCQTILLO ANNETIE M. MARGAItIT DANIEL M. SHERIDAN OFCOUNSEi.JOFIIdE VOKELICH Enclosed herewith are five executed copies of the Stipulation for Settlement and Order for Judgment in the above-referenced matter. As noted in our file in communications between Joe Earley and you, this matter was settled based upon the increase in value associated with the public project. Also, enclosed please find the written report of Mark ParTanto, the City's appraiser. Mr. Parranto indicates that approximately $5,500 would be the appraised contribution value of the improvements made to the street. I have also enclosed a copy of the bill from Mr. Parranto and havinq reviewed the same, find it acceptable for payment. After reviewing this matter, would you please place this item on the City Council agenda for approval for the signature of the Mayor and City Clerk. Finally, to conclude this matter, the attorney for the Vogts has requested a copy of the letter to be issued by the City to the County which evidences the subsequent certification of the assessments at $5,500. If you have any questions, please do not hesitate to be in contact with me. Sincerely, SE4ERSON, ichael G. GD/djk Enclosure SHELDON, P.A. J.E. Arranto ssoclates inc. Commercial and Industrial Healtors Appraisals Real Estate Development January 30, 1991 Mr. Joseph P. Earley Severson, Wilcox and Sheldon, P.A. 7300 West 147th Street Apple Valley, Minnesota 55124 RE: David L. Vogt vs. City of Eagan Assessment Appeal Eagan City Project 572 Dear Joe: Enclosed herewith please find a bill for the above captioned appraisal work. while we are not required to write an appraisal on this since it was determined that the appraised value would not equal the proposed assessment, I am sending this note merely as a method of closing the file. We discussed the fact that properties South on Lexington Way sold recently for $110,000 with the seller paying the assessment which, at that time, was $5,400. This property sold at, or very close to, its anticipated market value when it was compared with properties similar yet located in other areas having street, sewer and water available to serve them. This indicated that the probable selling price in the neighborhood would allow for $5,500 per unit of street improvements. `r'ilc Sil::')Ec' pT'Oy.?ETtj% :.vl]t81rtS ?.?, pI123 OY .^.1171U5, aCY°^ui however, most of the property is very steep and rough and is, therefore, unusable. There is only one building site contained on the entire parcel. The indication clearly is that approximately $5,500 would be the appraised contribution value of the improvements made to the street. we also analyzed the costs of installation of street and curb and gutter in several different subdivisions as it was related to the selling price of lots within that subdivision. Primarily, most of the improvements fell within a range of costs of seven to twelve 3914 Cedarvale Drive • Eagan, Minnesota 55122 • 612-454-1600 January 30, 1991 Joseph P. Earley Paqe 2 percent of the lot value. This would indicate a value cor.tribution to the lot prices of the subject property around $3,500 to $5,500. This falls within the same range as anticipated by the sale discussed above. Based upon this information, I called you, and we discussed the probabilities of settlement since the probable appraised value would be $5,500. If you have any questions or if I can be of further assistance, please feel free to call. Sincerely, ^ ? /r Mark S.1? Parra to, SRPA Appraiser #4000034 MSP/sah Encl. MEMORANDIIM TO: Tom Colbert, Public Works Director FROM: Joe Earley, Assistant City Attorney DATE: January 30, 1991 RE: Vogt v. Eagan Assessment Appeal Eagan City Project No. 572 Our File No. 206-8925 Tom: Enclosed with this memorandum is a cover letter and Stipulation for Settlement in the above matter. As we discussed by phone, Mark Parranto rendered an oral report on the value he felt could be sustained by the City's assessment for Lexington Way street improvements. Mark's opinion was that the property benefitted in an area of $5,500.00. Mark's opinion was based on the facts that the property is unable to subdivide due to the steep terrain. Mark's research also revealed that a cul-de-sac as opposed to a through street would add little or no extra value due to the close proximity of Lexington Avenue to the Vogt property. Mark felt that the property would benefit by $5,500.00 due to the fact that Lot 1, Block 1, was assessed $5,500.00 for this same project and sold in March of 1990 with the homeowner assuming the assessments. Based on this information, I have negotiated a settlement with the Vogts through their attorney, Gary Fuchs, wherein the City would agree to reduce the assessment to $5,500.00. The cover letter to Gary along with the settlement documents are enclosed with this memo. It has been a pleasure working with you on this and all the other matters over the last two and a half years. Mike Dougherty will be following up on this file to ensure that the documentation is processed through the Court. JPE/djk Enclosures SEVERSON, WILCOX & SHELDON, P.A. t.ARRYS.SEVERSON' JAMES F SHELDON J. PATRICK WILCOX• MICHAEL G. DOUGHERTY MICHAEL E. IdOLENGA^ 'ALSO LICENSED 1N IDWA •'ALSO LICENSED IN WISCONSIN •••AL50 LICENSED IN NtiBRASKA January 30, 1991 Gary G. Fuc Campbell, nutson, Suite 2p A PROFE5SIONAL ASSOCIATION ATICIRNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESO'fA 55124 (612) 932-313G TELEFAX NUMBER 432-3780 Scott & Fuchs 3460 Yldshington Drive EagMN 55122 RE: Vogt v. Eagan Court File No. C3-90-8183 Eagan City Project No. 572 Our File No. 206-8925 Dear Gary: KENNETH R. HALL '•'SCOTT D. JOHN5IUN JOSEPH P. EARLEY IAHEN M.SOLFEST CHRISTINE M.SCOTILLA ANNETTE M MAFtCARIT DANIEL M.SHERIDAN OFMUNSEL JOHN E WISELICH Enclosed please find an original and two copies of a Stipulation for Settlement and Order for Judgment in the above matter. This agreement incorporates the terms of settlement reached during our phone conversation on January 29, 1991. If you find this agreement form acceptable, please have it executed and returned to Mike Dougherty for counter-execution by the City. Upon execution by the City, our office will forward the document to the Court together with a fully executed copy to your attention. Please contact Mike Dougherty with any questions or concerns. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/djk Enclosures , cc:,,T?om Colbert, Public Works Director (w/enc) 4 STATE OF MINNESOTA COUNTY OF DAKOTA David L. Voqt and Marcia L Vogt, husband and wife, Appellants, v. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3-90-8183 Case Type: Special Assessment Appeal STIPULATION FOR BETTLEMENT AND ORDER FOR JIIDGMENT RECITALS WAEREAS, Appellants are the owners of the following described property: Part of the southeast quarter of Section 22, Township 27 North, Range 23 West, in the City of Eagan, Dakota County, Minnesota identified as Tax Parcel No. 10-02200-011-76; and WHEREAS, Appellants' property was assessed by the City of Eagan on September 18, 1990 for Public Improvement Project No. 572 for street improvements; and WHEREAS, said assessments were in the amount of $9,485.00; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above captioned but rather desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed to reduce the assessments against the Appellants' property to the amount of $5,500.00. ! Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt Assessment Appeal NOW, THEREFORE, the parties do hereby enter into the following STIPtTLATION 1. The assessment against Appellants' property (Tax Parcel No. 10-02200-011-76) in the amount of $9,485.00 shall be set aside and said parcel sha1T be reassessed in the amount of $5,500.00. 2. It is understood and agreed that the parties hereto will present the Stipulation for Settlement to the above-entitled Court with a request that the Court adopt the attached Order for Judgment herein carrying out the terms of said Stipulation. Dated: CITY OF EAGAN By: Thomas A. Egan Its: Mayor Dated: Dated: By: E. J. VanOverbeke Its: City Clerk David L. Vogt Marcia L. Vogt Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt Assessment Appeal Dated: SEVERSON, WILCOX & SHELDON, P.A. ?W 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 Dated: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Gary G. Fuchs Attorneys for Appellants Suite 202 3460 Washington Drive Eagan, MN 55122 (612) 456-9539 I.D. No. 32566 ORDER FOR JUDGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of Eagan is hereby ordered to set aside the assessments for Public Improvement Project No. 572 for street improvements against Appellants' property (Tax Parcel No. 10-02200-011-76). 2. The City of Eagan is hereby ordered to reassess said property for Project No. 572 in the amount of $5,500.00. Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt Assessment Appeal 3. Each of the parties hereto shall be responsible for their own costs, disbursements and attorneys fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT: Judge of District Court M E M O R A N D II M TO: Tom Colbert, Public Works Director FROM: Joseph P. Earley, Assistant City Attorney DATE: January 4, 1991 RE: Vogt v. City of Eagan - Special Assessment Our File No. 206-8925 Enclosed herewith for your information please find copy of RESPONDENT'S REQUEST FOR INTERROGATORIES, RESPONDENT'S REQUEST FOR ADMISSIONS and RESPONDENT'S REQUEST FOR PRODUCTION OF DOCUMENTS in connection with the above-referenced matter. If you have any questions or concerns reqarding this, please feel free to contact me. JPE/djk Enclosure STATE OF MINNESOTA COUNTY OF DAKOTA David L. Vogt and Marcia L Vogt, husband and wife, v Appellants, City of Eagan, a municipal corporation, Respondent. PLEASE TAKE NOTICE that the Respondent City of Eagan requests TO: David L. Vogt and Marcia L. Vogt, Appellants and Gary G. Fuchs, 3460 Washington Drive, Suite 202, Eagan, Minnesota 55122, Attorney for Appellants. Appellants 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 Appellants obtain additional information between the time answers are served and the time of trial. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3-90-8183 Case Type: Special Assessment Appeal REBPONDENT'S REQOEST FOR INTERROGATORIES 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 ineetinqs, 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 Page 2/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment written or printed matter or tangible thing on which any words or phrases are affixed. 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 Appellants, 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 Appellants or in any file whatsoever in the possession or direction or control of the Appellants, agents, attorneys, representatives or any other persons retained by Appellants. 2. Wherever in these interrogatories Appellants are asked to identify a document, Appellants 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 Appellants are asked to identify a document which is deemed by Appellants 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. Page 3/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment 4. Wherever in these interrogatories Appellants are asked to identify a person, Appellants 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. INTERROGATORIES 1. Describe in detail the nature and extent of Appellants' ownership interest in the real estate which is the subject of this assessment appeal, including the following information for the parcel: a. Date on which acquired; b. Nature of ownership interest (whether fee title or other, if other, specify); c. Person or persons from 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. Page 4/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment 2. Describe in detail all developments and improvements to the real estate since acquisition, including the following: 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 the 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. r Page 5/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment 6. As to the 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. 7. State fully all facts supporting your opinion as to market value set forth in your answer to Interrogatory Number 6, including: a. Identification of each document relatinq to the alleged market value; b. Identification of each person having knowledge of the facts relatinq to the alleged 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. 10. State with specificity the facts known to you which support your allegation that the assessment against your property denied Appellants 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. , Page 6/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment 11. State with specificity the facts known to you which support your allegation that the assessment resulted in a taking of Appellants' property without due process of 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. 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 allegation that the assessment did not benefit Appellants' 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; Page 7/RESPONDENT'S REQUEST FOR INTERROGATORIES City of Eagan/Vogt Special Assessment c. A summary of the grounds for each opinion. d. Any appraisal documents provided by said person(s). 15. State with specificity the facts known to you which support your allegation that Respondent lacked authority to levy the assessment because of failure to comply with statutory requirements relating to notice to affected property owners. 16. Identify all persons whom Appellants retained in anticipation of litiqation or preparation for trial as an expert witness and who is not expected to be called as a witness at trial. 17. Identify the person answering these interrogatories. Dated: ?-(/It SEVERSON, WILCOX & SHELDON, P.A. v-'J?,pseph P. EarleyZ J?ttorneys 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 STATE OF MINNESOTA COUNTY OF DAKOTA David L. Vogt and Marcia L. Vogt, husband and wife, Appellants, v City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3-90-8183 Case Type: 5pecial Assessment Appeal RESPONDENTfB RBQOEST BOR PRODIICTION OF DOCUMENTS TO: David L. Vogt and Marcia L. Vogt, Appellants and Gary G. Fuchs, 3460 Washington Drive, Suite 202, Eagan, Minnesota 55122, Attorney for Appellants. Respondent City of Eagan requests Appellants to respond within thirty days to the following requests: REQIIEST NO. 1: That Appellants 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. The inspection shall be made on February 4, 1991 at 9:00 a.m. at the offices of Severson, Wilcox & Sheldon, P.A., 7300 West 147th Street, 600 Midway National Bank Building, Apple Valley, Minnesota 55124; unless other arranqements can be made between the parties beforehand. Dated: SFVERSON, WILCOX & SHELDON, P.A. B: Jo eph P. Earley, #189595 ttorneys for Responqent 00 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 STATE OF MINNESOTA COUNTY OF DAKOTA David L. Vogt and Marcia L. Vogt, husband and wife, Appellants, V. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3-90-8183 Case Type: Special Assessment Appeal RESPONDENT'B REQIIEST FOR ADMZSSIONS TO: David L. Vogt and Marcia L. Vogt, Appellants and Gary G. Fuchs, 3460 Washington Drive, Suite 202, Eagan, Minnesota 55122, Attorney for Appellants. Respondent City of Eagan requests Appellants David L. Vogt and Marcia L. Vogt, 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 Appellants 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/Vogt Special Assessments 4. There was a public necessity for the improvements. Dated: I- q-q ( SEVERSON, WILCOX & SHELDON, P.A. ? ,??,? By: J(,bseph P. Ear?y Attorneys for Res ondent 600 Midway National Bank Bldg. 9300 West 147th Street Apple Valley, NIN 55124 (612) 432-3136 I.D. No. 189595 oF ?rt!? Pllnl Y.tJOB ROAD [!•.GAI I, F1111tJES0IA 5512p 180+ FI701JE (67?) ASA 8100 rP.l iy191 454 8163 November 7, 1990 MR JOE EARLEY SEVERSON WILCOX & SHELDON 600 VALLEY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 RE: VOGT ASSE68EMENT AYPEAL PROJECT NO. 572 Dear Joe: THOMAS EGP.N M1byW DAVIDK GU9Af5qJ vNAELA I.kCREA TIM DAV/lENiY TNEODORE WnCHTER CoUKd M?mhQrS THOMAS HEDGES CM AdminKrm!o, EUGENE VAU OVEPBEKE c? cle'? I am enclosing the information you requested in your memo of october 31, 1990, regarding the above-referenced assessment appeal, all of which have been certified by our City Clerk. Please let me know if there is any other information I can gather for you. Sincerely, ? 1 ) ? ?._?,6?/ Judy' M. eikins Departm ntal Secretary /77 Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GR01NTH IN OUR COMMUNITY Equal Opportunity/AHirmaiive Action Employer M B M O R A N D D M TO: Judy Jenkins, Public Works Department FROM: Joe Earley, Assistant City Attorney DATE: October 31, 1990 RE: Vogt Assessment Appeal Eaqan City Project No. 572 Our File No. 206-8925 Judy: The Vogts have appealed their street assessment under Project 572. A copy of the appeal notice is enclosed. In the last paragraph on page two of that notice the Vogts request numerous documents from the City. They are as follows: 1. A copy of the objection letter filed by the Vogts. 2. Assessment rolls for Project 572. 3. A copy of the minutes of the September 18, 1990 Council meeting showing the adoption of the assessment. 5724. Affidavits of publication of notices published for Project . 5. A copy of the feasibility report for Project 572. 6. Any other documents from the Project file showing participation by other property owners and/or governmental units in the cost of the project. The documents should be certified by Gene VanOverbeke. Please forward the documents to me and I will send them on to Gary Fuchs, the Vogts' attorney. Thank you for your assistance. Please contact me with any questions or concerns. JPE/djk Enclosure cc: Tom Colbert, Director of Public Works < STATE OF MINNESOTA COUNTY OF DAKOTA ?Q,,'jtia" /o7?ea iD-!r ?CK DISTRICT COURT .??.? FI12ST JUDICIAL DISTRICT CASE TYPE: 10 - Special 'C Assessment Appeal °--------------- DAVID L. VOGT and MARCIA L. VOGT, Vs. AppeZlants, The City of Eagan, Dakota County, Minnesota, Court File No. NOTICE OF APPEAL OF ASSESSMENT FIIRSIIANT TO MINN. BTAT. SECTION 429.081 Respondent. TO: TIiE IiONORABLE MAYOR or CLERK OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESDTA: YOU WILL PLEASE TAKE NOTZCE that pursuant to Minnesota Statutes § 429.081, the above-named Appellants hereby appeal from the assessment for Improvement Project No. 572, Street Improvement levied by Respondent against the following described property: Part of the Southeast Quarter (SW 1/4) of Section Twenty-two (22), Township Twenty-seven (27) North, Range Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Parcel #10-02200-011-76. The assessment was levied by Respondent for Street Improvement Project No. 572, in the total principal amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars, plus interest. The assessment was finally approved and adopted by Respondent on Septetnber 18, 1990. This appeal is taken upon the following qrounds: 1. That Respondent lacked authority to levy the assessment because of failure to comply with statutory requirements relating to notice to affected property owners and other statutory and constitutional requirements for'due process. 2. That the assessment was adopted in an arbitrary and capricious manner without regard to the special benefits conferred, without rational support in the record for any determination of benefit conferred and without proper findings. 3. That the assessment was calculated in an arbitrary and capricious manner in that a standard formula was applied uniformly to properties not similarly situated and not in the same class, without regard to actual benefit conferred or other proper restrictions on the amount which properly can be assessed. 4. That the assessment exceeds the special benefits conferred and is excessive and arbitrary, and constitutes a taking of Appellants' property without just compensation therefor, in violation of the Minnesota Constitution, Article 1, Section 13. 5. That the assessment is discriminatory and violates Appellants' constitutional rights of equal protection and due process. In accordance with the above-cited statute, please Purnish the undersigned withG) certified copies of objections filed, the Oassessment roll, exact minutes authorizing the assessment, (D affidavit of publication of notices involved herein, copies of all 6) feasibility studies, reports, addendums and other documentation which was part of the record wriich Respondent based its actions in ordering the improvement and adopting the assessment appealed . -2- herein,ocopies of resolutions, contracts or other instruments showing participation by other property owners and governmental units in the costs of said project, and all other documentation showing Respondent's compliance with statutory procedures for adopting the assessment. Dated: October /(? , 1990 CAMPBELL, KNUON, SCOTT & FUCHS, P By: rn?ysv r' pellants 4 0 Wash' gt Dr., Suite #202 E gan, MN 55122 Telephone: (612) 456-9539 -3- FIRST JUDICIAL UISTRICT STATE OF MINNESOTA CARVER, DAKOTA, GOODHUE, LeSUEUR, McLEOD, SCOTT 8 SIBLEY COUNTIES Issued date: 10126190 CALENDAR NOTICE County or Dal:ota Division: ATTORNEY: .Tames F. Sheldon FILE NO. C3908183 600 Midway National Bank }7*n,Jcc4 t?- 151, , 7300 West 147th Street Apple Valley MN 55124 ? Wi?.'`,`t•-. RE: David L Vogt & Marcia L Vogt v. City of Eagan You are hereby notified that the above matter has been set for the following: COURT TRIAL on 2/07/91 at 9:OOAM before the presiding judge at the following location: 1560 Judicial Center, Hastings, Minnesota lou are expected to appear at the above time and place fullv prepared. It is your responsibility to have your client and witnesses present. Jud,y Schnegelberger DEPUTY ADMINISTRATOR ASSIGNMENTS Phone (612) 438-4326 IIy:Q 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 487.23, Subd. 3(b); otherwise, it shall be determined to have waived its right to a jur3' 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 Cierk with the consent of all 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. Before a conlinuance is granted, a new trial date must be agreed upon by all perties and the assignment office. 9a. 4052 - 2189 l? 6 .? O¦ 3830 DILOT KNOB ROAD EAGAN, MINNESOTA 55122-7897 GHONE (612) 454-8100 FnX(674) 454-8363 September 25, 1990 MR DAVID L VOGT 4115 LEXINGTON WAY EAGAN MN 55123 Re: Project 572, Lexinqton Way (streets i Water 2iain) Objection To Final Assessment Parcel 10-02200-011-76 Dear Mr. Vogt: TI-KMMS EGAN r+ay« DAVID K. GUSTAFSON DAMEtA McQtEA nM vqvrLErnv THEODORE WACHiER CDUnCA P/Cmb¢rs 1HCMAS HEDGES Crty Atlminstrator EWENE VAN OVERBEKE Crty CI¢n On September 18, the City Council held the final assessment public hearing for the above-referenced project. At that time, you had submitted a written objection regarding the method of calculating the special assessment benefit to your parcel. After reviewing your written objection and comments you made at that public hearing, the City Council subsequently adopted the final assessment roll as originally presented. In addition, they directed the City Attorney's Office to proceed with the preparation of a professional appraisal of the property to determine that the amount of the assessment was less than or equal to the increased value of your property as required by Minnesota Statute 429.0. Once this information has been assembled, a copy will be forwarded to you for your information. If you have any other questions regarding this project, your objection or the related process, please feel free to contact Mr. Jim Sheldon, City Attorney, or myself. Sincerely, x-w,...o &Woe_ Tho?. Co Director of Public Works TAC/jj cc: Jim Sheldon, City Attorney Deanna Kivi, Special Assessment Clerk THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROVJTH IN OUR COMMUNIlY Equal Opportunity/Affirmative AcTion Employer G 17?T E:'F tff-Ac-A ti POE'. ?tss?ssr?n?,u-r NEawu? ?a Pacm?=r Ne.57z - L?xiNe:-roA2. «AY 577-EI7-f KC' i 1C-rn 15 'I'?ERESy C%?liEN TO Ti-l? ?C/JCQ.f1SL_.? GITY cGl,•/ c,l_.. Or t 1-+C Gt7-T C' FAE'Ac?,kN ? T+kAT DftUtc) L. L'GC>T IS CS?Lc:7l?l.'G 'Tv GF APxvx?: rv?tn:'T1oti?d ?'J?cSccT? I,?? i c n; To Mn `f Ptu- pie? 2TY ...T A?a? C; f.'T??.'s T+t? i Nc-, s i+aA`T i s tkSs?cs? ? r?.,;cl A-c... tN GC,c%'??7At??Se.N? `TO Lt,-fAt1T iC- l','H i!T t5 i A! ??-.4 c-.E }vyf: c.?% . -<? I tic_tG_F? L Y 1 iJ Sc Gy?R ysl? ? Si:1=T?GN 27- -?Ah?-ELL NG. K.-G2Z.oO-Oll-7Co . ; ? , , . i ? t ? t , ? i .011-76 o31-7s W SCHMITT Ll ADDITION? 2 010-77 A , 'I 1. 1 1 ? ? ? a iDIFFLEY Rnen '-][-541 1 R I ?? e ? ?tl M E M O R A N D U M TO: Judy ?kins, Public Works Department ? FROM: Joe Earley, Assistant City Attorney DATE: October 31, 1990 RE: Vogt Assessment Appeal Eaqan City Project No. 572 Our File No. 206-8925 Judy: The Vogts have appealed their street assessment under Project 572. A copy of the appeal notice is enclosed. In the last paragraph on page two of that notice the Vogts request numerous documents from the City. They are as follows: 1. A copy of the objection letter filed by the Vogts. 2. Assessment Tolls for Project 572. 3. A copy of the minutes of the September 18, 1990 Council meeting showing the adoption of the assessment. 4. Affidavits of publication of notices published for Project 572. 5. A copy of the feasibility report for Project 572. 6. Any other documents from the Project file showing participation by other property owners and/or governmental units in the cost of the project. The documents should be certified by Gene VanOVerbeke. Please forwaYd the documents to me and I will send them on to Gary Fuchs, the Vogts' attorney. Thank you for your assistance. Please contact me with any questions or concerns. JPE/djk Enclosure cc:',?om Colbert, Director of Public Works ? qP `? . STATE OF MINNESOTA ?C;k ' .` .?j DISTRICT COURT ? , COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ,PC,CASE TYPE: 10 - Special 'C Assessment Appeal '----"'---'------------------- Court File No. DAVID L. VOGT and MARCIA L. VOGT, Vs. Appellants, NOTICE OF APPEAL OF A33ESSMENT PIIRSIIANT TO MINN. BTAT. SECTZON 929.081 The City of Eagan, Dakota County, Minnesota, Respondent. ----------------------------°- TO: THE HONORABLE MAYOR or CLERK OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA: YOi3 WILL PLEASE TAKE NOTICE that pursuant to Minnesota Statutes § 429.081, the above-named Appellants hereby appeal from the assessment for Improvement Project No. 572, Street Improvement levied by Respondent against the following described property: Part of the Southeast Quarter (SW 1/4) of Section Twenty-two (22), Township Twenty-seven (27) North, Ranqe Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Parcel #10-02200-011-76. The assessment was levied by Respondent for Street Improvement Project No. 572, in the total principal amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars, plus interest. The assessment was finally approved and adopted by Respondent on September 18, 1990. This appeal is taken upon the following grounds: 1. That Respondent lacked authority to levy the assessment because of failure to comply with statutory requirements relating to notice to affected property owners and other statutory and constitutional requirements for due process. 2. That the assessment was adopted in an arbitrary and capricious manner without regard to the special benefits conferred, without rational support in the record for any determination of benefit conferred and without proper findings. 3. That the assessment was calculated in an arbitrary and capricious manner in that a standard formula was applied uniformly to properties not similarly situated and not in the same class, without regard to actual benefit conferred or other proper restrictions on the amount which properly can be assessed. 4. That the assessment exceeds the special benefits conferred and is excessive and arbitrary, and constitutes a taking of Appellants' property without just compensation therefor, in violation of the Minnesota Constitution, Article 1, Section 13. 5. That the assessment is discriminatory and violates Appellants' constitutional rights of equal protection and due process. In accordance with the above-cited statute, please furnish the undersigned with (? certified copies of objections filed, the Q)assessment roll, exact minutes authorizing the assessment, ? affidavit of publication of notices involved herein, copies of all ?feasibility studies, reports, addendums and other documentation which was part of the record which Respondent based its actions in ordering the improvement and adop£ing the assessment appealed -2- herein,ocopies of resolutions, contracts or other instruments : showing participation by other property owners and governmental units in the costs of said project, and all other documentation showing Respondent's compliance with statutory procedures for adopting the assessment. Dated: October /(')_, 1990 CAMPBELL, KNUON, SCOTT & FUCHS, P By: F;Fr YP32566 rn ellants 0 WashDr., Suite #202 an, MN 55122 ephone: (612) 456-9539 -3- ? \''?J C, ?a c,o?J ? Qo ?o• , STATE OF MINNESOTA ??'?DISTRICT COURT COUNTY OF DAKOTA .?L? FIRST JLJDICIAL DISTRICT ?v,,CASE TYASSessmentSAppeal ------------------------------- Couz't File No. DAVID L. VOGT and MARCIA L. VOGT, vs. Appellants, NOTICE OF APPEAL OF A88BSSMENT PIIRSIIANT TO MINN. STAT. SECTION 429.081 The City of Eagan, Dakota County, Minnesota, Respondent. T0: THE AONORABLE MAYOR or CLERK OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA: YOU WILL PLEASE TAKE NOTICE that pursuant to Minnesota Statutes § 429.081, the above-named Appellants hereby appeal from the assessment for Improvement Project No. 572, Street Improvement levied by Respondent against the following described property: Part of the Southeast Quarter (SW 1/4) of Section Twenty-two (22), Township Twenty-seven (27) North, Range Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Parcel #10-02200-011-76. The assessment was levied by Respondent for Street Improvement Project No. 572, in the total principal amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars, plus interest. The assessment was finally approved and adopted by Respondent on September 18, 1990. This appeal is taken upon the following grounds: 1. That Respondent lacked authority to levy the assessment ; because of failure to comply with statutory requirements relating to notice to affected property owners and other statutory and constitutional requirements for due process. 2. That the assessment was adopted in an arbitrary and capricious manner without regard to the special benefits conferred, without rational support in the record for any determination of benefit conferred and without proper findings. 3. That the assessment was calculated in an arbitrary and capricious manner in that a standard formula was applied uniformly to properties not similarly situated and not in the same class, without regard to actual benefit conferred or other proper restrictions on the amount which properly can be assessed. 4. That the assessment exceeds the special benefits conferred and is excessive and arbitrary, and constitutes a taking of Appellants' property without just compensation therefor, in violation of the Minnesota Constitution, Article 1, Section 13. 5. That the assessment is discriminatory and violates Appellants' constitutional rights of equal protection and due process. In accordance with the above-cited statute, please furnish the undersigned with certified copies of objections filed, the assessment roll, exact minutes.authorizing the assessment, affidavit of publication of notices involved herein, copies of all feasibility studies, reports, addendums and other documentation which was part of the record which Respondent based its actions in ordering the improvement and adopting the assessment appealed -2- , herein, copies of resolutions, contracts or other instruments showing participation by other property owners and governmental units in the costs of said project, and all other documentation showing Respondent's compliance with statutory procedures for adopting the assessment. Dated: October /D_, 1990 CAMPBELL, KNUON, SCOTT & FUCHS, P By: , P32 ,3?4 0 Wash' gto41 Dr., Suite #202 E gan, M N 55122 Telephone: (612) 456-9539 -3- M? 3830 PILOT KNOB ROAD 7HOU.+nS EGnN EAGAN, MINNESOTA 55142-1897 MffyOf PHONE. (612) 454-8100 DnVID K GUSTAFSON FAX. (612) 454-8363 P/+MELA hicCREA TIM DAWLENTY THEODORE WACMER CouriOl Mertibers THOM45 HEDGES Crty Adminstrator February 27 , 1991 EWEN C? kOVFRBEKE MS DENICE KOENCK SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Stipulation For Settlement Project 466, Parcel 10-01500-050-02 (David & Carol Tilseth) Project 466, Lot 4, Carlson Acres (Walter 8 Delores Nelson) Project 572, Parcel 10-02200-011-76 (David & Marcia Vogt) Dear Denice: Per our conversation of February 27, I am enclosing three original Stipulation For Settlement Agreements for the Tilseth and Nelson property, and five original Stipulation For Settlement Agreements for the Vogt property. After execution by District Court, please return one original of each referenced parcel for our files. The property owners have not received a copy of this agreement. If you should have any questions, please give me a call. Ju M. Je ineer? /jmj Enclosure Secretary THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal Opporfunity/Affirmotive Actlon Employer , ) STATE OF MINNESOTA COUNTY OF DAKOTA ----------------- DAVID L. VOGT and MARCIA L. VOGT, Appellants, The City of Eagan, Dakota County, Minnesota, vs. Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 - Special Assessment Appeal Court File No. C3-90-8183 STIPIILATION FOR SETTLEMENT AND ORDER FOR JIIDGMENT Appellants, David L. Vogt and Marcia L. Vogt, and Respondent, City of Eagan, by and through its Mayor and Clerk, stipulate as follows: R E C I T A L S WHEREAS, Appellants are the owners of the following described property: Part of the Southeast Quarter (SE 1/4) of Section Twenty-two (22), Township Twenty-seven (27) North, Range Twenty-three (23) West, in the City of Eagan, Dakota County, Minnesota, identified as Tax Parcel #10-02200-011-76; and WHEREAS, on September 18, 1990, the City of Eagan levied a special assessment on the above-described property for Public Improvement Project No. 572 for street improvements; and WHEREAS, said assessments were in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars; and WHEREAS, Appellants made all proper objections to the special ` assessments and have appealed therefrom; and WFiEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above- captioned, but rather, desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed to reduce the special assessments against the Appellants' property for Public Improvement Project No. 572 to the amount of Five Thousand Five Aundred and no/100 ($5,500.00) Dollars. NOW, THEREFORE, the parties do hereby enter into the following 1. The special assessment levied against Appellants' property (Tax Parcel No. 10-02200-011-76) for Public Improvement Project No. 572 in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars shall be set aside and re-levied for said Public Improvement Project in the amount of Five Thousand Five Hundred and no/loo ($5,500.00) Dollars. 2. Based on the reduction and re-levy of the special assessment, Appellants withdraw their objection to the special assessment. 3. The parties hereto agree to present this Stipulation for settlement to the above-entitled Court with the request that the -2- , Court enter the attached Order for Judgment carrying out the terms of this Stipulation. Dated: February /P , Dated: February 1991. By: tE. VanOVERBEKE Its ity Clerk Dated: February 5 , 1991. Dated: February J , 1991 A DAVID L. VOGT . ? MARCI L. VOGT Dated: February 1L, 1991. Dated: February , 1991. SEVERSON, WILCOX & CAMPBELL, KNUTSON, SCOTT SHELDON, P.A. & FUCHS, P.A. By: By: M'chael G. Do rty Ga torneys fo spon ent At 600 Midway Nat?ional k. Bldg. 34 7300 West 147th Street Ei Apple Valley, MN 55124 Te Telephone: (612) 432-3136 I.D. 134570 2566 ., Suite #202 MN 53(12Z me: (612) 456-9539 -3- i i . ORDER FOR JIIDGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of Eagan is hereby ordered to set aside the special assessment for Public Improvement Project No. 572 for street improvements in the amount of Nine Thousand Four Hundred Eighty-five and no/100 ($9,485.00) Dollars levied against Appellants' property. 2. The City of Eagan is hereby ordered to levy special assessments against said property for Public Improvement Project No. 572 in the amount of Five Thousand Five Hundred and no/100 ($5,500.00) Dollars. 3. The appeal set forth herein shall be dismissed and each of the parties hereto shall be responsible for their own costs, disbursements and attorneys' fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: , 1991. BY THE COURT: Judge of District Court ., _i .'_i 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55124-1897 PHONE- (612) 454-8100 FP,X.(612)454-8363 September 25, 1990 MR DAVID L VOGT 4115 LEXINGTON WAY EAGAN MN 55123 Re: Project 572, Leaittgton Wap (Btreets & Water Main) Objection To Final Assessment Parcel 10-02200-011-76 Dear Mr. Vogt: THOMJS EGAN rJay« DAVID K GUSTAfSON PM+fU1 McOtEA TIM PAWIEMY THEODORE WACHiER Cnunal r,iembers THQMAS HEDGES CM Atlministrator , EUGENE VAN OVFRBEKE ° Crty Ckik On September 18, the City Council held the final assessment public hearing for the above-referenced project. At that time, you had submitted a written objection regarding the method of calculating the special assessment benefit to your parcel. After reviewing your written objection and comments you made at that public hearing, the City Council subsequently adopted the final assessment roll as originally presented. In addition, they directed the City Attorney'siOffice to proceed with the preparation of a professional appraisal of the property to determine that the amount of the assessment was less than or equal to the increased value of your property as required by Minnesota Statute 429.0. Once this information has been assembled, a copy will be forwarded to you for your information. If you have any other questions regarding this project, your objection or the related process, please feel free to contact Mr. Jim Sheldon, City Attorney, or myself. , Sincerely, Thomas Colbet, P.E. Director of Public Works TAC/jj cc: Jim Sheldon, City Attorney Deanna Kivi, Special Assessment Clerk THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROYVTH IN OUR COMMUNITY Equal OpportuniTy/Attirmative Action Employer MEMO TO: DIANE DOWNS, IITILITY BILLZNG CLERR FROM: EDWARD J. RIRSCST, SR. DATE: JIINE 19, 1990 SIIBJECT: STREETLIGHT ENERGY COST FOR PLAT AND PARCEL N0I8. 02200-010-77; 02200-031-76; 02200-011-76; LOT 1, BLOCR 1 W. SCHMIDT ADDITION; LOT 2, BLOCR 1, W. BCSMIDT ADDITZON; AND 02300-012-54 This memo is to inform your department to start to invoice the energy costs with the next scheduled utility billing to the property owners of plat and parcel No's. 02200-010-71; 02200-031- 76; 02200-011-76; Lot 1, Block 1, W. Schmidt Addition; Lot 2, Block 1, W. Schmidt Addition and 02300-012-54 (see attached sketch). The streetlights were installed under Project 572 in conjunction with the upgrading of Lexington Way, and Dakota Electric is currently billing the City for the energy costs. Edward J. Kirscht Sr. Engineering Technician cc: Thomas A. Colbert, Director of Public Works Michael P. Foertsch, Assistant City Engineer Attachment EJK/jf ? $?,- ---- : ;lp- • F.,.:?S..r. ' 0 k i=i , ??•? , ,3, ? ?, D : ? ; , _? . ? ? ,e ij I • ? COMMI}?fiTY OF ? .. -__'' = JOY CQRCH ? ` ON ? A6DITI , t 06 ?1/-f• w i•t 1 ' ` ? ( t1 ?? \ 1 1 \ • t?'? ? \t ? ? 1 - • 1 + ?=w?r»'r ?w.n J ? ? ? J T _ _ I - ?.. ? ,., _ .?.. • ........, ,... ? . ' o I I- 76 I , u ? ` 1 1 •?,' ' ? ? i ? r ? * tfy ' ' ,? ? ? • ? ? \ ? G? ? \ , 031 - 76 i i EAG? •'?q, , '+,? J ssza,e ? ' . i ' EVANGEUCAL? , . ? • «.,, , `?? +? ?ti ? .o' ?io.o J COVENANT CHURCH T?' SCH M I D ? w. _- N ? • -•-_•r'r? : AD . s ., i . '?----.l.t.e.o•------ ' ?- •? z L x _ 1 - W J ? ? w.u ? - 1 w 010- 7 7 O IZ'Sq. i ...« ! f ' . . ? N0. :30 COUN1t .<.... _ . ? ',.- . ?• G o1\??s ? `D JII?C [Ity OF 3830 PILOT KNOB ROAD. P.O. 80X 21799 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8700 June 25, 1987 TO WHOM IT MAY CONCERN: BEA BlOfr19UI5T_ . may? n+onaas ecua JAMES A SMIiFi VIC ELLISON 7HEODORE WACHIER Councll Ivlemb? 7HOM45 HEDGES CM Atlmnuhala EUGENE VAN OVERBEKE ciry C?n In response to your question regarding the septic system and well on the property located at: 4115 LEXINGTON WAY I would like to state the following: 1. Eagan has no local codes which govern these systems except for the initial inspection at the time of installation. / 2. Eagan has no health inspector to verify the condition of septic systems or wells. i If you have any further questions concerning this matter, I i can be reached at 454-8100. t t Sincerely, , Steven T. Hanson Construction Analyst STH/js \ THE LONE OAK TREE. ..THE SYMBOI OF STRENGTH AND GROWTH IN OUR COMMUNITY i U U ??? ? p oF eaaan 3830 PILOT KN08 ROAD, P O BOX 21199 BEA BLOM9UIST EA6AN, MINNESOTA 55121 M?r PHONE' (612) 454-8100 1HOMAS EGAN JAMESA SMIiH V1C ELLtSON iHEODORE WACHIER CWmI MemberS June 29, 1987 nioMnsHeoeEs CM Mministrotor El1GENE UAN OVERBEKE City Qetk MR MARK ULFERS EXECUTIVE DIRECTOR DAKOTA COUNTY HRA 2496 -145TA ST W ROSEMOUNT MN 55068 Re: Utilities - 4115 Lexington Way, Eagan MN Dear Mark: In regard to your concern regarding utilities to the house located at 4115 Lexington Way, this is an existing home constructed prior to trunk utilities being in the area. It is the City's understanding that trunk sanitary sewer is available to this home, however, it would be very costly to provide a lift station for the home because o£ the elevation difference. Therefore, it is the City's determination that the septic system in place is the most feasible way to serve this particular home at this point in time. Hopefully, this clarifies sewer and septic system information or have any Hall. Sincerely, C.?. ADal'e .c' C.?.c? R? nkle City Planner DCR/jj the City's position on the trunk sanitary for this house. If you need additional other questions please contact me at City cc: Thomas L. Hedges, City Adrninistrator Thomas A. Colbert, Director of Public V7orks THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ? i; 3830 PILOT KNOB ROAD, PO 80X 21199 eEABLOtv79UIST EAGAN. MINNESOTA 55121 M°Y°f PHONE. (612) 454-8700 THOnnAS EGaN . .IAMES A SMIiH NC ELLISON THEODORE WACHIER ' coumil MemDers APR I L 21, 1986 nionvAs HEOGEs CiryMminrshotw ' EUGENE UPN OVERBEKE CM Ckvk COUNTY AUDITOR DAKOTA COOIVTY GOVERNMENT CENTER 1560 HIGHWAY 55 HASTZNGS MN 55033 Re: Address Changes Dear Norma Marsh: Please be informed that the addresses in your records for the following two parcels are incorrect: 10-02200-011-76 T.27 R.23, and 10-02200-010-77 T.27 R.23. The correct addresses should be as follows: A? Dale F. & Doris L. Vogt 4115 Lexinqton Way Eagan MN 55123 10=02200-011-76i' Joseph L. & Yvonne B. Krisnik 4195 Lexington Way Eagan MN 55123 10-02200-010-77 If you have any questions please contact me. Sincerely, U-eis-wV'K- ? . C&L? Christopher N. Call Engineering Intern CNC/jh 1HE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIN oF 3830 PILOi KNOB ROAD, PO BOX 21199 BEA BLOMQUIST EAGAN, MINNESOiA 55121 hkyor PHONP (612) 454-6100 iHOMAS EGAN JAMES A. SMIiM VIC EILISON Ap r i 1 4, 1986 iHEODORE WACMER councii Man,oaR . 7HOMAS HEDGES - CIN Adminisirafor EUGENEVAN OVERBEKE Ory Giert MR BOB ROSENE BONESTROO, ROSENE, ANDERLIK & ASSOCIATES 2335 W TRUNK IiWY 36 ST PAUL MN 55113 Re: Extension of Storm Sewer Outlet From Lexington Avenue Parcel Location: 011-76 & 031-26, SE Quarter of Section 22 I would like to have your firm prepare a cost estimate for extending the existing storm sewer outlet from Lexington Avenue to the northwest to the east line of Patrick Eagan Park. I need this information because we are dealing with a couple different insurance companies regarding damage caused by a past water main break in this vicinity. I would appreciate if you could get this information to me by April 15, 1986. if you have any questions regarding this request, please contact either myself or Tom. Sincerely, ? Richard M. He i, P.E. Assistant City Engineer RMH/jj cc: Tom Colbert, Director of Public Works THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIiY ? ? t- ?:?,?- ,, .. ?,??•,?;..v.,. .. -?,--. ,,,.•?..:r . 4 W'-l 1 .? ,--, ?Ii?;???I? ?? ;'.',? 'I`?? ?'? ? • ?I ? ??=.4 ?? ;?('.-.??' ?'••?, // ?/IA• I?r J • ? i??l? ? k , b .?.: _ ,. , - . . s / •a e ADD. : i I ? : O h6? ,.j 6i\ -7 lo 0 2 2?° ?0 T0: JOE COIaIELLY, UTIISTY MAINPINANCE FORES'IFN FRQM: Tf3OMAS A. COLBEE2T, DIREC.TOR OF PUBLIC VORKS ? DATE: DFCEMBFR 24, 1481 RE: WATER SERVICE CONNDCPIONS I am foraarding to you a oopy of a revised reoord plan asbuilt drawing, Page 494, which should rePlace the existing page due to revisions in the locations of the property lines on the west side of Lexington Avenue as it relates to the location of the seLVice lines. 7n reviEwing this revised record plan sheet, our consulting engineers have referenced the new water service that was installed for Mr. Dale Vogt at 411'b lexincrton Avenue South. This drawing references the wates seivice tap being made on the dead side of the main line gate valve which is located north of the fire hydrant. Please inform all departrnent per- sonnel performing the inspections on water service installations that all water sexvices must be tapped on the live side of the valve. This is due to the fact that the valve should be the main force that restricts flaa out of the wiccnpleted end of the line rather than the plug which may leak or blaa off imder pressure surges. Please verify if in fact this water service was installecl an the dead side of the valve. If it was, please take the necessary procedures to insure that similar locations do not occur in the future. TAC/jach cc - Bill B.ranch, Superintendent of Public WOrks BEA BIOMOUIST MPVOX THOMASEGAN MqRK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBEFS November 12, 1981 1'1R UtfLLL'+ Vl/G71 <'4115 LEXING1gN_AVENi7E- S' EAG11N MN 55123 CITY OF EAGAN s J195 PILOT KN08 ROAD ` ? P.O.00%11199 ? • ? . EAGAN, MINNESOTA - > ? ssisz ? . . ? PHONE A$4-8I00 , ? - ... _ . l. . L! Re: Water Lateral and Senrice Assessment Dear Mr. Vogt: THOMASHEOGES CITY ADMINISTflATOP EUGENEVAN OVERBEKE CITY GLERM Recently, you reauested a pezmit for the connection tA the recently installed water- *a;n located on the east side of Lexington Avenue. As a condition of granting that perndt, you were i.nformed that a water lateral and service assessrent must he collect- ed based on benefit received frcm your connection {'A th1S WateT"main. YOUY assessment was calculated at 250 front feet on Lzxington Avenue at $11.83 oer front foot for water lateral which was the rate used for the assessirnnt of adjacent properties under Contract 80-20 for Project 304, which provided for the installation of this waternain along Lexington Avenue during 1980. 'I9iis water lateral assessTent amoimted to $2,957.50. In addition, you were assessed $450 for a water servioe wmplete with stand pipe and stop box to be located at your property line on the west side of Lexington Avenue. This resulted in a total assessnent of $3,407.50. Due to the fact that the water service was not provided to your property line Lmder the existing Cotmty road, the City allaas a credit for the additional expense incurred b_y you tn bring this water servioe to your property line. On November 5, 1981, you sutxnitted an estimate fran Bauer-Reatrer Excavating for the installation of a 1" oopper water service augered un- der izxington Aventie. This estimate was for 50' at $26 a foot for $1,300. This es- timate seemed exoessive, so we ac7uired additional quotations fran Wenzel Pllmibing and Weierke P1Lmibing in addition to contacting Bauer-Reamer requestinq a quote for similar work. An average of all quotations received resulted in a rraxiirnun credit that can be allaaed of $850 for this work. Zherefore, your resulting assessrent for lateral bene- fit and servioe is $2,557.50. Due to the waiver of hearing rec;uest form that you signed, this assessmPnt will be spread for 15 years at 11%. If you have any ques- tions pertaining to this assessuent, please £eel free to contact myself or Ann Goers, our Special Assessment Clerk. Sinoarely, 711anas A. Colbert, P.E. Director of Public Tnbrks TAC/jach cc - Ann Goers, Special Assessrmnt Clerk THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV. WAIV3? U? HEfr2I41G P:QU.x'ST FQF. L'TILZT7C DII'1tOVFS1ENT5 Z/e'^ hcreby rec,uest of the City Council, City o£ Eagan, bLi;eaeacta, utility ir,.provenents on and over pzcpertY oc'ne3 by m°/u3 .'s (Mer*.._cn ty?e ef iTprovement, e.g. watex, Eanitary sek^r, etc.) WATER LATERAL AND SEEiVICE STUB (4115 So Lexineton Ave.) 'Jiie looation of ssid utility impmvemonts ehatl ber generai2j s3 ,`.:.?;.r••. % Parcel k 10 02200 Oll 76 J 11% spread for 15 years L 250 feet at $ 11.83 per front foot =$2957.50 credit Por stubbing ? 85p,$9_ service stub 2?5?.00 $2557.50 8ssessed I/17, hsreby waive notice of any and all hearings necessary Cor tte installation of eaid Lmpsovcments and further consant to any as.ea.s:?-r.?*s ne.c:ssa._ily leried by Uie City of• Eaqzn for such improcementa. I/t•ie further aSree ta gr.ant to the City of Eagan any easen:;itz ^•:.:?::- sary for the installation of such fmpmvementa. It is further understood that this zequest shall be reviewe3 1+y iha CiL•y Coi:acil of The City of Eagan or its aqent and I/We will be g2v:n reamnable notice as to whether this request is possible under p*eecnt: utility plarninq as to timing, locatinn, etc. ? ?_ D3ted: 11-5-81 Ci . `--'?-; ; ? SigyaCure / t,dclre ss _. ? Recr.tes': accegted b D20,3 C:ty of Eagan Raquest referred to City AdminiEtrator: Date Cbpies: 1. City Adainistrator 2. Applicant BEA BIOMQUIST ..? THOMASHEDGES MAYOP qTY ADMINISTPAiOH THOMASEGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBEIiS Novenber 12, 1981 MR UL']LL.i V11C1 4115 LEXINGIDN AVENUE S EAGAN MN 55123 CITY O'F EAGAN `3795 PILOT NNOB ROAD - ` P.O. 60X 21199 .EAGAN,'MINNESOTA - ? .... ssizz , . PHONE 454-8100 . ?. ?w , l1 T1ygp?Ct l ? EUGENE VAN OVERBEKE CITY CLEflN Rs: Water Lateral and Service Assessment Dear Mr. Vogt: Recently, you reauested a permit for the oonnecticm to the recently installed water- main located on the east side o£ LexingGon Avenue. As a conditicm of granting that permit, you were infomed that a water lateral and service assessment must be eollect- ed based on benefit received frcn your connection to this watermain. Your assessment was calculated at 250 front feet on Lexington Avenue at $11.83 per front foot for water lateral which was the rate used for the assessment of adjacent pmperties under Contsact 80-20 for Project 304, which provided £or the installation of this watexrain along Ioexington Avenue during 1980. This water lateral assessment aanowited to $2,957.50. In addition, you were assessed $450 for a water service aomplete with stand pipe and stAp box to be located at your property line on the west side of Lexington Avenue. This resulted in a total assessrnent of $3,407.50. Due to the fact that the water service was not provided to your property line imder the existing Coimty road, the City allows a credit for the additional expense incusxed by you to bring this water service to your proDerty line. On November 5, 1981, you sukm.ittecl an estimate fran Bauer-Reamer bccavating for the installation of a 1" copper water service augered un- der Lexington Avenue. This estimate was for 50' at $26 a foot for $1,300. This es- tiunate seened exoessive, so we acadred additional quotations fxon ?venzel Plimbing and Weierke Plwrbing in addition to oontacti.ng BaueriReamer rec;uesting a quote for similar work. An average of all quotations received resulted in a macimtun credit that can be allaaed of $850 for this work. 'iherefore, your resulting assessaent for lateral bene- fit and service is $2,557.50. Due to the waiver of hearing request form that you signed, this assessnent will be spread for 15 years at 11%. If you have any ques- tions pertaining to this assessnent, please feel £ree to contact myself or Ann Goers, our Special Assessirelzt Clerk. Sinoerely, 9?? 4?r&? 'Ihanas A. Colbert, P.E. Director of Public Works TAC/jach & P.nn Goers, Special Assessrrent Clerk TNE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV. . .. ? Ba?er-Reamer Excavat1ng 21630 LILLEHEI AVENUE - HASTINGS, MN 55033 437-1973 DATE Av J ? tlit/ 1?LE ?lc, ? E.4Q A ti O / // C??p&-Av G01K`MEA'BD (J4142E/? LE?rilvc- TON /4y, ';?6. 0 0 /.tFdoT ACCOUNTS OUE 10 OAYS FROM THIS STATEMENT. A 1K% SERVICE [MARGE VER MONTM W ILL BE AODED TO AlL VAST DUE ACCOUNTS. TtA/ /3G'L' OV 650, ? o ?? STATE OF MINNESOTA COUNTY OF DAKOTA David L. Vogt and Marcia L Vogt, husband and wife, Appellants, V. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3-90-8183 Case Type: Special Assessment Appeal STIPIILATION FOR BETTLEMENT AND ORDER FOR JIIDGMENT RECITALS WHEREAS, Appellants are the owners of the following described property: Part of the southeast quarter of Section 22, Township 27 North, Range 23 West, in the City of Eagan, Dakota County, Minnesota identified as Tax Parcel No. 10-02200-011-76; and WHEREAS, Appellants' property was assessed by the City of Eagan on September 18, 1990 for Public Improvement Project No. 572 for street improvements; and WHEREAS, said assessments were in the amount of $9,485.00; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above captioned but rather desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed to reduce. the assessments against the Appellants' property to the amount of $5,500.00. Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt Assessment Appeal NOW, THEREFORE, the parties do hereby enter into the following STIPULATION 1. The assessment against Appellants' property (Tax Parcel No. 10-02200-011-76) in the amount of $9,485.00 shall be set aside and said parcel shall be reassessed in the amount of $5,500.00. 2. It is understood and agreed that the parties hereto will present the Stipulation for Settlement to the above-entitled Court with a request that the Court adopt the attached Order for Judgment herein carrying out the terms of said Stipulation. Dated: CITY OF EAGAN By: Thomas A. Egan Its: Mayor Dated: By: E. J. VanOVerbeke its: City Clerk David L. Vogt Dated: Marcia L. Vogt Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt Assessment Appeal Dated: SEVERSON, WILCOX & SHELDON, P.A. l?1 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 Dated: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Gary G. Fuchs Attorneys for Appellants Suite 202 3460 Washington Drive Eagan, MN 55122 (612) 456-9539 I.D. No. 32566 ORDER FOR JIIDGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of Eagan is hereby ordered to set aside the assessments for Public improvement Project No. 572 for street improvements against Appellants' property (Tax Parcel No. 10-02200-011-76). 2. The City of Eagan is hereby ordered to reassess said property for Project No. 572 in the amount of $5,500.00. Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Vogt-Assessment Appeal 3. Each of the parties hereto shall be responsible for their own costs, disbursements and attorneys fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT: Judge of District Court MEMO TO: MAYOR 8 CITY COIINCIL MEMBERB THOMAS L HEDGEB, CITY ADMINISTRATOR GENE VANOVERBERE, DIRECTOR OF FINANCE FROM: THOMAS A COLBERT, DIRECTOR OF PIIBLIC WORRS DATE: FEBRUARY 13, 1991 SIIBJECT: ASSESSMENT APPEAL SETTLEMENT AGREEMENTB LOT 4o CARLSON ACRES (WALTER NSLSON) PROJ 466 PARCEL 10-01500-050-52 (DAVID TILSSTH) PROJ 466 PARCEL 10-02200-011-76 (DAVID VO4T) PROJ 572 I have received formal Stipulation For Settlement Agreements for the assessment appeals associated with the above-referenced parcels for formal consideration and approval by the City Council which is scheduled for February 19. The following information provides appropriate detail pertaininq to each assessment appeal and its subsequent resolution being recommended by the City Attorney's Office and Department of Public Works. LOT 4. CARLSON ACRES (WALTER 6 DELORES NELSON) - PROJ 466 This property was proposed to be assessed $14,185.53 for a 6" water lateral stub ($3,837.18), its proportionate share of storm sewer facilities within the County road improvement ($6,384) and the cost to install 120' of a private storm sewer lateral stub ($3,964.48). The water and storm sewer lateral stubs were installed in conjunction with a rezoning of the property from its current residential use to a commercial office building. However, the subsequent rezoning application was denied and the water and storm sewer lateral stubs will not be used. Also, a subsequent detailed survey of the property showed that the assessable area used to calculate the County road storm sewer participation assessment was less than what was used in the preparation of the final assessment roll. As a result of these issues, the original assessment obligation of $14,185.53 that was appealed was reduced to $6,914 for its share of storm water runoff. to the County storm sewer system. PARCEL 10-01500-050-52 (DAVID 8 CAROL TILBETH) - PROJ 966 The original final assessment roll included $769.50 for storm water runoff into the County road storm sewer system and $1,848.90 for the benefits received from the street improvement of Pilot Knob Road. The acquisition of additional right-of-way left this property as a nonconforming use relating to the front yard setback. Based on the City's appraisal, it was determined that the maximum benefit to the property was $1,309.20 which is split $769.50 for storm sewer and $539.70 for street improvements. Page 2 PARCEL 10-02200-011-76 (DAVID 6 MARCIA VOGT) - PROJ 572 This property was originally assessed for $9,485 for the street improvement of Lexington Way from Diffley Road to the north end of the cul-de-sac. However, based on the results of the City appraisal, it was determined that the maximum benefit to this property is no more than $5,500. Due to the fact that the original assessment rolls were adopted by Council action on July 10, 1990, for Project 466 and September 19, 1990, for Project 572 and certified to Dakota County, appropriate adjustments to their special assessment payment obligation should be made accordingly. While all negotiations leading up to this settlement were handled by Joe Early, due to his departure, all follow-through will be handled by Mike Dougherty. Respectfully submitted, Director of Public Works TAC/jj cc: Deanna Kivi, Special Assessment Clerk Mike Dougherty, Assistant City Attorney oF 3830 PILOT KNOB ROAD, P.O. BOX 21799 EAGAN, MINNESO7A 55721 PHONE' (612) 454-8100 Special Assessment Search Date: March 2, 1987 Requested by: IIIJTIY TT1LE QTiPANY = 200 6800 FRANCE AVFNIIE 90lTIfi IDINA MJ 55435 Re: Section #Z? 10-02200-011-76 BEA &OM9UIST Mara THOMASEGAN .WMES A SMIiH VIC ELLISON 1HEODORE WACHIER Councll Members niornns HEOGEs Gry AtlrNnMraior EUGENE VAN OVERBEKE CiN Clerk On the attached form is the City's response to your search request on the identified property. The information includes the original amount of the assessments and the payoff amounts of the assessments on the parcel. In addition, pending assessments are included for improvement projects that have been ordered to be installed by the City Council as they may affect this parcel. The City's policy is to levy assessments based upon the current zoning or existing use of the parcel (whichever is higher) as reflected in the above assessments. If, and when, the parcel is rezoned or developed to a higher use, a condition of development approva2 will require that this parcel assume any additional assessment obligations that have not been previously paid for existing public improvements. The City Engineering Division can provide further clarification of this policy if you desire. WAIVER/DISCLAIMSR• Neither the City of Eagan nor its employees guarantees the accuracy or completeness of the information provided which was requested by the person or persons indicated. Nor does the City or its employees assume any liability for the correctness thereof. In consideration of receiving and usin9 information on the attached form and for all other consideration of any nature whatsoever, any claim against the City or its employees rising therefrom is hereby expressly denied. Pending assessments cannot be paid until levied. Levied assessments can be paid to the CITY OF EAGAN. Very truly yours, //6?4ci IZ-1u? SPECIAL ASSESSMENTSY Attachment iHE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIIV ]RANSAC1'lON IC1a R768 SPECIAL f;SS[SSMENTS SPEC.1AL ASS€SSML:NT5 SEARCH SUI•IMf;R`r PP:OFCIiTY I.G. TCLAYS I7ATE: 03/02/:7 ---`.?`PF_CIAL F'LAGS---- Y -<'- 1-4--5-6--7-S-9-Z C) ip-V- ?.? -:??J0-0YY-? -?6 T o2a--- ---'-----------------'--"-'-----'------'-'-----_________.._-'----°---'--- --------"----'----- -----'--------------------'----------------------.___------------- S. A, # FS'5F:5SME.N7" DES'!_ R. YR Yit3 1iH'rE TCJ'TF,L F3NI'd. F'R1 N. PAYOFF coMi?ENr 100689 W 7"i2-304 81 15 iY.iiC?`l. 18S3.00 T2J.J4 I129.82 100692 WL?'!: 299-3 81 15 11.00`/, 2557.50 170.50 1534.50 10101" SS-l/:H 411 8N Y5 Yl.UU"/_ 2227.50 148.50 1930.50 SUh7MFy(?Y OF AC.T.IVE 66E18. (.l(7 444. J`F 4594.82 iHIS YEAR'S TU1' P&1 948.90 . Pre:s F'1 or 1=::' (Header FOY"m) or F! (iies'tart R768) ? CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 (612) 681-4675 PERMIT TYPE: Permit Number: Date Issued: BUZLDING 929757 04/17/97 SITE ADDRESS: 4115 LEXIN6T'ON WflY IOT: 11 6LOCKs76 SEC7TON 22 P.I.N.: 10-02200-011-75 DESCRIPTION: .? G• n 3T.e PERMIT REPAIR/SHINGLE ROOF rmit Type 5F (MISC.) ?t Type REPAIR -? 44'm 434 ALT. RESIDENTTAL ea?? ? e . .T .? t `?a ? .e?'?`e ?..?e yt :'?` ?, reu., +ar^,F.Ss'w-'gY ?'€.._ t Ze REMAR6CS: FEE SUMMARY: Baee Fee Surcharge Tatal Fee VALUAT7:ON $29.25 $.5Q $29.75 $750 CONTRACTOR: OWNER: _ Applicant - ? voGT oflLe 4115 LEXINGTQN WAY EAGRN MN 55123 (612)R5A-4131 . . - . •• - 'F C y ? ?tlF I ?rereby, ack'rrowledge ; in?armata.on'i?0c? ? statu=tes-an€L- c4tY,-: df APPLICANT/PEAMIT IG ATUAE ? ? . si?ato?' of i4 3 ? n / 997 BUILDING PERMITAPPLICATION (RESIDENTIAL) CITY OF EAGAN 3830 PILOT KNOB RD - 55122 6814675 NowtConstruetion ReaulremeMs ? 3 registered site surveys ? 2 copias of plana (indude beam 8 window saea; poured fid. design; etc.) ? t energy celculations ? 3 copies of tree preservation plen'rf lot piatteG eRer 711/93 required: _Yas No RemodaUReoair Reauirements ? 2 copies of plen ? 2 site surveys (exterior edditions 8 tleeka) ? 1 energy celwlations for heated atld'rtions DATE: 4LI12 :1 t CONSTRUCTION COST: DESCRIPTION OF WORK: STREET ADDRESS: LOT -U_ BLOCK ? f X ?'nnf- e !.5 ? .` ? 029 7 s 500 n4 fno / IA) A ? ,/ SUBD./P.I.D. #: ?+ dd -2,1 ?f PROPERTY Name: LJ0 4? ?i9 1 E- Phone #: 15`Ly 13 1 OWNER ? .... . _ Street Ciry: ff/f ?,Ivt State: NN Zip: S5l ? 3 coNrw?c7oR Company: Street Address: City: State: ARCHITECT! Company: ENGINEER Name: Phone #: License #: 2ip: Phone #: Registration #: Street Address: City: State: Zip: Sewer 8 water licensed plumber (new construction onty): . Penaity applies when address change and bt change are requested once permit is issued. 1 hereby acknowledge that I have read this appliCation and state that the information is cortect and agree to comply with all applicable State of Minnesots Statutes and City of Eagan Ordinances. , Signature of Applicant Tz; /U 6 r-O h e'y OFFICE USE ONLY Certificates of Survey Received _ Yes _ No Tree Preservation Plan Received - Yes - No - Not Required City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 (651) 675 -5675 www.ci.eagan.mn.us Site Address: 4115 Lexington Way Lot: 1 Block: 1 Addition: Fox Forest 2nd PID:10- 27476 - 010 -01 Use: Description: Sub Type: e- Reroof Work Type: New Description: House & Garage Census Code: 434 - Zoning: Square Feet: 0 Comments: Fee Summary: Valuation: 3,000.00 Contractor: Property Claim Solutions LLC 4655 Nicols Rd, Suite 202 Eagan MN 55122 (651) 994 -2028 Applicant/Permitee: Signature PERMIT City of Eaan BL - Base Fee $3K Surcharge - Based on Valuation $3K Construction Type: Occupancy: If there is no ice protection inspection prior to final, the contractor must meet the inspector w/ a ladder and flat bar. Pictures are not acceptable in lieu of inspections. Carbon monoxide detectors are required by law in ALL single family homes. $88.50 $1.50 Total: $90.00 - Applicant - Owner: Vogt Living Trust 4115 Lexington Way 4115 Lexington Way Eagan MN 55123 Permit Type: Permit Number: Date Issued: Permit Category: 0801 9001 Issued By: Signature Building EA089523 06/04/2009 ePermit I hereby acknowledge that I have read this application and state that the informa of Minnesota Statutes and City of Eagan Ordinances. on is correct and agree to comply h all applicable State PERMIT City of Eagan Permit Type:Mechanical Permit Number:EA152154 Date Issued:10/01/2018 Permit Category:ePermit Site Address: 4115 Lexington Way Lot:1 Block: 1 Addition: Fox Forest 2nd PID:10-27476-01-010 Use: Description: Sub Type:Residential Work Type:Replace Description:Furnace Comments:Questions regarding electrical permit requirements should be directed to State Electrical Inspector, Mark Anderson at (952) 445-2840. Please call Building Inspections at (651) 675-5675 to schedule a final inspection. Fee Summary:ME - Permit Fee (Replacements)$59.00 0801.4088 Surcharge-Fixed $1.00 9001.2195 $60.00 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - Gustav Williams 4115 Lexington Way Eagan MN 55123 Lofgren Heating & Air 5708 Upper 147th St W Suite 106 Apple Valley MN 55124 (952) 431-5811 Applicant/Permitee: Signature Issued By: Signature L - UVB LL_ p`t r For Office Use , . E AG A N " rC `ti` t i r rr Permit#: i'-' I./ 6 ...„ Permit Fee: 1EIZE C ETV)H Date Received: //".2° 3830 PILOT KNOB ROAD I EAGAN, MN 55122-1810 (651)675-5675 I TDD: (651)454-8535 I FAX: (651)675-5694 NOV 2 0 2019 Staff: buildinginspections(a@cityofeagan.com ____f 2019 RESIDENTIALIBUILDING PERMIT APPLICATION Date: /0/20//q Site Address: '7115 L e I n Y 1Qt Unit#: Name: Q..e;Pe, ader Phone: q 'a' /o-y q5 Resident/ , Owner . Address/City/Zip:_`�l J/fl Vfl 1,0 `i Al N 551a 3 Applicant is: Owner X Contractor ` ' " Description ofwork: Type Of Work GVu;Xr�Q,� wa-r -30l> S u�,to hoc)/ 1 .--t Construction Cost: 481 0 �Jl� 00 V.V r Multi-Family Building: (Yes /No <) Company: Uv�d.,L�S CYDh Contact: egL� LULL& Address: ? l,s '1"4uj(I 1n.5 City: EQ I1L ). flC©1ttSCtor AA State:Zip:64W2 Phone:'6 J- 13-i 45tlmail: I. kilt . it .. . (Lei I I i .�W katkat4-�� License#: �--Rzi3ors I Lead Certificate#: N -r 4 If the project is exempt from lead certification, please explain why: COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING In the last 12 months, has the City of Eagan issued a permit for a similar plan based on a master plan? Yes )(No If yes, date and address of master plan: Licensed Ph.mb r: Phone: _ Mechanical Contractor: Phone: Sewer&Water Contractor: Phone: Fire Suppression Contractor: Phone: NOTE;Plans and supporting documents that you submit are considered to be public information. Portions of the information maybe classified as non-•ublic if ou • Ovide specific reasons that would per nit the°City to conclude"that they are trade"secrets ,_,;.1,„,,, You may subscribe to receive an electronic notification from the City of proposed ordinances by signing up for an email update on the City's website at www.citvofeagan.com/subscribe. Exterior work authorized by a building permit issued in accordance with the Minnesota State Building Code must be completed within 180 days of permit issuance. CALL BEFORE YOU DIG. Call Gopher State One Call at(651)454-0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.gopherstateonecall.orq I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans. x P1- inAmi le_ c , x .r r4 i.mv_ a Applicant's Printed Nary a Applicant's Signatdre ..DO NOT WRITE BELOW THIS LINE Zili 5 L&X I in 4-o4 b0 /- - 7 / SUB TYPES _ Foundation _ Fireplace _ Porch(3-Season) _ Exterior Alteration (Single Family) Single Famil — Garage — Porch (4-Season) _ Exterior Alteration (Multi) Multi _ Deck _ Porch (Screen/Gazebo/Pergola) Miscellaneous 01 of_Plex Lower Level _ Pool _ Accessory Building WORK TYPES New _ Interior Improvement _ Siding _ Demolish Building* Addition _ Move Building _ Reroof _ Demolish Interior _ Alteration _ Fire Repair _ Windows _ Demolish Foundation 14. Replace _ Repair _ Egress Window Water Damage Retaining Wall *Demolition of entire building-give PCA handout to applicant DESCRIPTION Valuation Occupancy a MCES System Plan Review Code Edition A SAC Units (25%_ 100%X) Zoning I City Water Census Code Stories Booster Pump #of Units Square Feet PRV #of Buildings Length Fire Suppression Required Type of Construction 'J J Width REQUIRED INSPECTIONS Footings (New Building) Meter Size: Footings (Deck) Final/C.O. Required Footings (Addition) \[ Final/No C.O. Required Foundation Foundation Before Backfill t` HVAC_Service Test Gas Line Air Test_Hood /y Roof:_Ice&Water )(Final Pool:_Footings _Air/Gas Tests _Final ` Framing 30 Minutes(( 1 Hour Drain Tile Fireplace:_Rough In _Air Test Final Siding:_Stucco Lath Stone Lath _Brick_EFIS Insulation Windows Sheathing Retaining Wall:_Footings_Backfill_Final Sheetrock Radon Control Fire Walls Fire Suppression:_Rough In_Final Braced Walls Erosion Control Shower Pan Other: Reviewed By: .,/ , Building Inspector RESIDENTIAL FEES 1160415#446/Base Fee �t'11 Surcharge LI' '' 11111'" �V�I C Plan Review ( o``,,�1 � MCES SAC ��- �, City SAC Utility Connection Charge S&W Permit& Surcharge Of OU ° Treatment Plant Radio Meter Read Copies TOTAL Page 2 of 3 PERMIT City of Eagan Permit Type:Building Permit Number:EA159222 Date Issued:12/02/2019 Permit Category:ePermit Site Address: 4115 Lexington Way Lot:1 Block: 1 Addition: Fox Forest 2nd PID:10-27476-01-010 Use: Description: Sub Type:Windows/Doors Work Type:Replace Description:Two or More Windows/Doors Census Code:434 - Residential Additions, Alterations Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Improvements to the home require smoke detectors in all bedrooms. If altering window openings or installing Bay or Bow windows, call for framing inspection. Call for final inspection after installation. Carbon monoxide detectors are required within 10 feet of all sleeping room openings in residential homes (Minnesota State Valuation: 5,000.00 Fee Summary:BL - Base Fee $5K $118.00 0801.4085 Surcharge - Based on Valuation $5K $2.50 9001.2195 $120.50 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - Gustav Williams 4115 Lexington Way Eagan MN 55123 (952) 270-3795 Minnesota Rusco 5010 Hwy 169 N Brooklyn Park MN 55428 (952) 935-9669 Applicant/Permitee: Signature Issued By: Signature PERMIT City of Eagan Permit Type:Building Permit Number:EA165431 Date Issued:11/02/2020 Permit Category:ePermit Site Address: 4115 Lexington Way Lot:1 Block: 1 Addition: Fox Forest 2nd PID:10-27476-01-010 Use: Description: Sub Type:Reroof Work Type:Replace Description:Does not include skylight(s) Census Code:434 - Residential Additions, Alterations Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Please print pictures of ice and water protection and leave on site. Carbon monoxide detectors are required within 10 feet of all sleeping room openings in residential homes (Minnesota State Building Code). Valuation: 5,000.00 Fee Summary:BL - Base Fee $5K $118.00 0801.4085 Surcharge - Based on Valuation $5K $2.50 9001.2195 $120.50 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - Gustav Williams 4115 Lexington Way Eagan MN 55123 Hoyt Exteriors Inc 15112 Galaxie Avenue Apple Valley MN 55124 (651) 246-4801 Applicant/Permitee: Signature Issued By: Signature