1523 McCarthy Rd
C I T Y O F E R G A N
CER`PIFIED LISTING OF POSTPONED
SPSCIAL ASSESSMENTS
LEGAL DESCRIPTION:
Lot 9, Block 3, Oslund Tinberline Addition
COUNTY IDENTIFICATION NUMBER:
POSTPONED SPECIAL ASSESSMENT:
10-55300-090-03
Utility Assessment $ 2,090.32
Pursuant to M.S.A. 429.061, Subd. 2, as amended by the 1980
Session Laws, Chapter 5600 Section 51 I hereby certify that the
City of Eagan has approved the postponement of the special
assessments as set forth above on the property described.
Dated this First day of ,-ruly, 1987
EXEMPT FROM STATE DEED TAX STAMPS
This Document Drafted By:
City of Eagan ,
3830 Pilot Knob Road
Eagan, N,N 55122
?
E. VanOverbeke
Cit Clerk/Finance Director
Certificate
I, E.J.
certify
Exempt from Dakota Count
b J Y Deed Tax
?ko? County T?e88urer
VanOverbeke, City Clerk of the City of Eagan, do Hereby
that the fore9oing is a true a Urect copy.
I jjt9-----
E. . VanOver eke, ity Clerk
COUNTV CONSERVATiON ?+
--_. 1??') ?r
DAKOTA COUNTY TREASIiq6p9R Il ?
;
OFFlCE OF THE COUNTY
RECORDER-DAKOTA COUNTY, MlV.
CERTIFIED THAT THE WITHIN
INSTRUMENT WAS FILED FOR
RECORD IN THIS OFFICE
ON AND AT
DOC. NO.
JuL 10 9 17 Q?1'97
dS o"? a?3 4?
JAMES N.
COUNTY
BY: DEPUTY
FEE
CASH ? CHECK ? ?iARGE A
CHARGE WHOM
REFUND
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HAUGE & HOEY, P.A.
Attorneys at Law
3908 SIBLEY MEMORIAL HIGHWAY :
EAGAN (ST. PAUL), MINNESOTA 55122
.. PAUL H. HAUGE Area Code 612
GEORGE H. HOEY NOV07IIb2T lI, 1977 TelephonC 454-4224
Mr, Tom Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
RE: Tax Forfeited Property
Dear Tom:
You will recall that in late 1976 the City Council decided not to pursue the
reassessment of tax forfeited property in Oslund-Timberline Addition. You
will remember that we had several agreements, including the following:
1. Agreement dated July.S, 1975 between Svenn Borgersen and wife and
Eagan.
2. Agreement dated April 6, 1976 between Steven Rutzick and Eagan.
You suggested that I get hack in touch with you toward the end of 1977 to
review the issue as the Agreements provide that we must give them notice
of our intent to assess in the case of Borgersen bp August 1, 1978.and in the
case of Rutzick, by October 1, 1978.
It appears that there have been no new cases concerning the Laws, 1976, Chapter
259. However, there is a recent Attorney General's Opinion on the issue of the
statute's retroactivity. OAG 425c-15, July 15, 1977 decided that neither 429.071
Subd. 4(on reassessment) nor 444.07 (on fees and charges) authorizes a city to
reassess or charge formerly tax-forfeited land for cancelled special assessments
if the land was purchased from the state by a private owner before April 14, 1976,
the effective date of the act.
The opinion stated five reasons for its decision: 1) The language of the statute
is in the present tease, not the past tense, and this indicates lack of retroactive
effect, 2)- The statute requires notice of possible assessment to potential purchasers,
3) The legislative history indicates a concern for preventing purchasers from
being "blindsided", 4) Retroactive effect would alter the rights of purchasers and
raise constitutional questions regarding impairment of contracts, due process, and
taking of property without just compensation, and 5) Since accrued rights would be
altered by applying the statute to sales befvre the effective date, this meets
the definition in Black's of retroactivity, and there is no clear indication that
the legislature inteaded retroactive application.
It is not clear whether this opinion will affect any court decisions if any are .
pending or will be started. However, it is safe to say that the land in question
in Timberline Addition cannot be assessed under e Attorney General's opinion.
If you have questions, though, please call.
i
Ve ruly ,
. ,.
PHH:ww %.J L aul H. Hau e
B3y4
Mrs. Alyce Bolke
City Clerk
City of Eagan
3795 Pilot Knob Road
Eagan, Minnesota 55122
Re:Notice of Assessment Hearing Dated Ju1y 20,1976
Proposed Reassessment of Lots 9& 10, Block 3,
Oslund Timberline Addition
Mrs. Bolke:
As per the decision of the City Council on Tuesday, Sept. 7,1976
to continue this matter until the next Council meeting set for
Sept 21,1976 at 7 p.m., I am assuming that this allows an extention
of the appeal date for this proposed assessment until twent,y (20)
days after the Council resolves the issue.
If this assumption is not correct, please notify me in writing within
three (3) days of this date, September 20,1976, so that there will
be sufficient time allowed to notify your office of u?y intent to
appeal.
Th nk
vea.'.?,.` tr`- 9/%76
Svenn E. Borgex?
1529 Mc Carthy Road
Eagan, Minnesota 5$121
CC: Fi2e
?-lI:L. Hedges/A. Goers
P. Hauge
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; favor, it t?as F.ESOL?IED to re3ecti aii t;.ds ax?? L-o re==d•;ra;t:t?.^. for bida a£ter rev:icw-
ing and rev{.sing thti pIans so that the estim2te could comz closer to Ci:e estlria`^d `. budgeted cost oi $200,000. Upon further notion by Fo :_ ln, oeccndzd P.alx:a, a'3 l
membzrs voting in fss;or, ifi taas RESOLVED that the Ctty Admin".stYaior b.^ au7_-hori.?.?ad
to dat-ez-mine whether there wrnld be additional ostside funding sourres thae na}• b-a
ava3tabis for constructioa to assist in the financing of the police facilitt;..
Yr:F:U i?zFA,.'iT?'.::TdT. Upon motion by Smith, secanded Polzin, a.ll me.mbexs cciiZg
S*ea, it t.••as RE30LVF'D that Jarry Adams be approved as the Diatrtet Fire Cllief fp2'
Star?.OIl 1 r_alecfiP.1 tiy tr.e F3re Depa=ment members.
PAim DEPpaT:{,AIT -- STP.'i'? irdDING. The Park Director had requested ttEt Y.nP c_L}
apply for state funds to help finance construction of cross-countrq ski braiis
covering ths a?pror.i..tste tiiree miles that have been inste?1ed. Upcri ma`:Con by Lzha,
sscanded [?aCtiter, all memuers voting yes, it was RESOLVED that the City be .^•.the-r3zed
Co apply to thF Depzrtsen*_ of Natural Resources for funding to assj.3t 3n cCit_.::. •?. r.3oz•.
e{ the coot of the cross-cocntry ski trails, and further to authorize the ap?ro::•_,7*c
officials to execute the necaasary anplicztion.
TAX FOP.FEIT.n PP.OPE:TY. The Mayor next reconvened the public asa°ssr.ent hearing
0
concerning 10 lots in Timberline Addition consisting of tax forfeited proper~.q. A
r2stm,3' prepared bp the Citq Administrator was distributed to the Council and the :
a:Lteriiai'ives fcr assessment of the lots was reviewed in detail. P4r.. Svenn Borgersoa
a prop^_rty coraer was present as was Mr. Sheridan Buckley, atrorney for Pir. Poferl
anc: Pir. T.utyiclc, Zot owners. After considerable discuss3on, upon notion b;* Sm.irh o?{J
seco:zdel Wachter, all members voting ia favor, it was RESOLVED that the Couneil loa
on recc.rd droppir.g the present assessment against the tax forfeited lota in
T3mberline A!ddition with the understanding that the Coun:il naq at a future time
deY.ei-taine wh?ather to recommence the asseesment proce3s again in li ;ht of. Fo::enfiial
changes in the lav or a favorable court determination concerning tne 2^w
?
A3?:?TFtE:3'i5. Pir. jake 0'Toole of the County Assessor' 3 c'f3r.A . npa::;;.ail- ;a. t,z tcvu
req::ests. L'goa =sti.n L-y rolzin, seconded Smith. all rmmbore var_ing ye&, {t •raa .
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