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4325 Nicols Rd Lf.AGUE of CONNECTING & INNOVATING MINNESOTA SINC11 1913 CITIES February 25, 2010 Herb do Helen Adelman 4325 Nicols Rd. Eagan, MN 55122-1912 RE: LMCTT FILE NO.: 11071224 T'RUS'T MEMT3ER: City of Eagan CLAIMANT: Herb & Helen Adelman D/OCCURRENCE: 12/24/09 Dear Mr. & Mrs. Adelman- The League of Minnesota Cities Insurance Trust (L.MCIT) provides coverage to our trust timber, the city of Ewan. I've finished my investigation regarding the damage to your fence that ocvxTe 3 on or about the above state date. I've analyzed the details of this occurrence and found that the city of Eagan is not responsibIc for the damages that resulted. The city of Eagan has a Snow and lee Control Policy. The policy states that damage to property locaw within ~ the public right-of-way is the responsibility of the property owner, including, but rout limited to, traes, sluff, bushm, landscaping materials, decorative rock, and lawnfl ping irrigation . The public right-of-wry extends approximately 26' beyond the curb location now your property on Nivols Rd.. Your fence is located roughly 18' beyond the curb. The intent of the right-of-way is to provide room for snow storage and retnoval, drainage, utilities, sidewalks, and other city and public uses. We regret we cannot provide you with a more favorable resolution to your claims. If you have atiy gs~tions, please contact sae at 651-215.4078. Sincerely, Derek Krause Claims Adjuster cc: Maria Peterson, City of Eagan Brian Pulczinski, LMCIT Arthur Gallagher Risk Management Services, Inc. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 14$ urriv[NSITTAv& WIST nt<akta (651) 281-120 sdx; (651) 231-1297 ctAUAS DEPAATMU4T ST PAUL mint sates-mow TOLL tU ( 925-11n MW WWWWCONG i i March 20, 2010 Mice Maguire Mayor of Eagan City of Eagan 3830 Fit Knob Road Eagan, MN 55122 f Do Mr. Mike Maguire: I am a tkmis resident of Eagan. I have lived in Eagan for over 60 years, have paki taxes on the property that I own for 50 years with additional road, sew and water i work to niairitain my property aid stay withirt property guidelnes as the city has assessments. grown and changed. I have a passion for gardening and working with wed. I am writing you to express my great disappointment in resolution to damage that 0CMATed at my residence In December. I have a wood privacy fence that Is locMt*Wd a me~tst.. 18 beyond the curb on Nice Road. To the best of my knowledge the fence mests all city requirements. The fence was well built and I have mniaintained . the the Christmas snowy storm a few posts that hold sections of the fence in place were snapped off at the ground du decision e to snow being the League thrown from the street Cities I am di nod, frustrated and dghWwway hed on from of Minnesota Insurance Trust stating that the to the my property 26 feet and the damage to my fence is net the responsibility of Eagan. The decision of 26' seems to be extreme and a decision of convervence. On further review I fail to 08* W any reference to the Snowy and Ice Control Policy regard fences referenced by LMCIT. in addition, Itiere is no guidance extreme right-opway to fence rec~ir~n s in C y literature or on the City website. I`m nearly 80 yews old. I am requesting ' that the fence posts be replaoed for me by the City of Eagan, or even a City volunteer group. I could the W help to reattach the fence appear sections that to be in good condition. As a follow up I would like to suggest that the City of Eagan provide more visible guidance to the pubbe ngh ay pOky for fences. Thank you for your consideration of this request Sincxer~ely, i y Heart A deimann 4325 Nicois Road Eagan, MN 55122 Phone: 651-454-4627 LMCIT File No 11071224 l CC: Maria Pe , City of Eagan Derek , Cans A*Mw , LMCIT ADMINISTRATION Torn Colbert, Public Works Lori Peterson, Human Rewur. Jim McDonald, Police Mira Pepper, Administrative -Scc&44ry Mike Scott, Fire Joanna Foote, Comm. C oordiwt ' Juli Johnson, Parks and Rec. Kristi Peterson, IT Gene Va.nOverbeke, Adm. Serv. Dianne Miller, Assistant to City ~.z Tam Garrison, Comm.. Director Mike Dougherty, City Attorney Jon Hohenstein, Com. Dev. Dir. Tom Pepper, Finance Action Requested: Dom. , OReview and see me DRevietw and comment OPrepare reply for signature OFor your informnation ❑File ODistribute OOther. Oka Notes: 0" , t VA" C jA0 8 13 a, t ' OPlease submit copy of action/response and retu is this foams; to me. vAA* OPlease notify me by returning this when complete. form REQUESTED COMPLETION DATE: Ve" March 20, 2010 Mike Maguire Mayor of Eagan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mike Maguire: 1 am a long time resident of Eagan. I have lived in Eagan for over 60 years, and have paid taxes on the property that I own for 50 years with additional road, sewer and water assessments. I work to maintain my property and stay within property guidelines as the city has grown and changed. I have a passion for gardening and working with wood. I am writing you to express my great disappointment in the resolution to damage that occurred at my residence in December. I have a wood privacy fence that is located approximately 18 feet beyond the curb on Nicols Road. To the best of my knowledge the fence meets all city requirements. The fence was well built and I have maintained the fence. During the Christmas snow storm a few posts that hold sections of the fence in place were snapped off at the ground due to snow being thrown from the street. I am disappointed, frustrated and astonished on the decision from the League of Minnesota Cities Insurance Trust stating that the right-of-way to my property is 26 feet and the damage to my fence is not the responsibility of Eagan. The decision of 26' seems to be extreme and a decision of convenience. On further review I fail to easily find any reference to the Snow and Ice Control Policy regarding fences referenced by LMCIT. In addition, there is no guidance stating this extreme right-of-way to fence requirements in City literature or on the City website. I'm nearly 80 years old. I am requesting that the fence posts be replaced for me by the City of Eagan, or even a City volunteer group. I could then find help to reattach the fence sections that appear to be in good condition. As a follow up 1 would like to suggest that the City of Eagan provide more visible guidance to the public right-of-way policy for fences. Thank you for your consideration of this request. Sincerely, Herbert Adelmann 4325 Nicols Road Eagan, MN 55122 Phone: 651-454-4627 LMCIT File No 11071224 cc: Maria Peterson, City of Eagan Derek Krause, Claims Adjuster, LMCIT INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: 0 Pilot Knob Road Permit Number: Eagan, Minnesota 55122-1897 Date Issued: (612) 681-4675 SITE ADDRESS: , ;;, , } APPLICANT: , , . :I •? u0 , ;,1 t, I 1 014 4 b t.' 1 1 11. bqb PERMIT SUBTYPE: TYPE OF WORK: . , . ,; f3?rar r IKr- oamA:,r ) INSPECTION D. . .• RFMARK S c A:?,fPARqTF PI`KMTT i% 14f.EIiIIFF(? f4R pN\' 1'lllNFil.Nti (7I2 F. I r:r.10ic:nI 1•lOkM 7 I Permit No. Pormit Holdar Data Telephone A ELECTRIC PLUMBING HVAC InspecUon Dste inap. Commenta FOOTINGS FOUND FRAMING ROOFING HOUGH PLUMBING PLBG AIR TEST HOUGH HEATIN(i GAS SVC TEST INSUL GYP BOARD FIREPLACE FIREPLACE AIFi TEST FINAL PLBG FINAL HTG ORSAT TEST BLDG FINAL BSMT R.I. BSMT FINAL DECK FTa DECK FlNAL CITY OF EAGAN Remarks ?' ` ' ?`( "--• /? , / Additio'nlSection 30 Lot Rik Parcel 10 03000 010 29 Owner :.aQLj. l,q {; ,-Street _4325 Ced2r AYe. State Eagan,rN 55122 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF, STREET RESTOR. GRADING SAN SEW TRUNK 17- 1968. 217,00 7.23 - 30 SEWER LATERAI WATERMAIN WATER LATERAL WATER AREA 2" ? STDRM SEW TRK 0 1979 1755.47 87.77 ZQ STORM SEW LAT CURB & GUl-fER SIDEWALK STREET LIGHT WATER CONN. 13UILDING PER. SAC PARK EAGe4N '1'O SI-1 I P N9 269 t ILD9I?BG PERMIT Ownex Address xesenY) ....._ .???:G..... ?..?.?._.??..(..--._. . ........? . . ? Builder ._ . ... ........ ..-4--- -..??' 4-??? . . Address .. .......-----...... ------ --._--s--c.crcl ? DESCRIPTION Eagan Township Town Hall Dai?f (l f / ??. / 5lories To Be Used For Fron1 Depih Heighl Esf. Cos! Permi! Fee - - Remarks LOCATION This permit does not aufhorise the use o sireels, road?elleys or sidewalks nar does it give the ow? or his agent the righi !o creale eny sifuaiion which is a isance ox whieh presenls a hazard !o the health, safeiy, convenience and general welfare So anyone in the eommunify. ; THIS PERMIT MUST Bp?`?qET 'T/p? ISE WFiILE THE WORK IS IN PAOGR? . This is fo cerfify, ihaf.<L4....?.?...?....haspermiasion !o .... .......upon the ve de " ed i•s io the psovisions of the Building Ordinance for Eagan Tow adopied April 11, 1955. /- A j/ ?/ ...... Per ...___.._.........__........_............................................................... airman of "' - oY Svilding Iaspecfor ( Ch T EAGAN TOWNSHIP BUILDING PERMIT Ownex ........ -- .-.. .... .-.-. A ---/--D--------? _ . ..--'---""-------.... Address (preseni) ....?1,.?..ti..3_??........ LrC----?-!!?S.t......--.!.--5---c... Builder ...---? ............ .- Address _..........- ...................... N° 1171 Eagan Township Town Hall Date ....°??.?l...?iY"--'--'-'-"-'--' Siories To Se Used For Fronf Depih Heighf Esf. Cosf Permii Fee -- Remarks JF .?a? ij ?- w U - - LOCATION $Yreef, Road or other Descxipiion of Locafion Lof Block Addition or Trae2 -- ?-6 C3°/ '?S2-C."n o)3 36 Thia pexmit does not au2horise the use of slreels, roeds, alleps or sidewalks nor does ii give the owner or his agen! the zight to areaSe any siiuafion which is a nuisance or whieh presenls a hazard So the healih, safefy, convenience and general welfare !o enyone in the communily. THIS PERMIT MIIST BE/ yK?EPT ON TFiE PAEMISE WHILE THE WORK IS IN PROGRESS. . .................... This ia fo ceriify, ihaf... ./i tj .. .. . ....................................-------- has Permission !o esect a._..._.._'_. .......... .."':" upon the above deseribed pxemise subjeef !o the provisions of the Bui!ding Ordinanee for E n Towns ip adopfed April 11, 1955. ----- Per ....... .-------......-c_....U.^.....`.?-"'w? ?. ...................f ---'-....... halrman ofTnwn Soard ? Building Inspeclor ? ?6 /v 030? o16 -z-7 PERPSIT NO.: 363 The Village of Eagan hereby grants to Del Air Conditioning o£ 9860 James Circle. Mpls. 55431 a A1r Coaditioning VILLAGE OF EAGAN 3795 Pilot Knob Road Eagan, Niinnesota 55122 Permit for: (Owner) HBrb Adglma°II at 4325 Cedar Anenue 5outh ? pursuant to application dated 6/5/73 Fee Paid: $5.:0_ dated this 13th day.o£ Ju°e , 19 73 Mechanical Permits: Building Inspector f3i.d Total: i I?t(? 7? s REQUEST FOR ELECTRICAL INSPECTIOItl EgOO??'O? ' See iiotruetims for eompleting [his ircm m back of yellow coOY- 0721 "x" BeJow Work Covered by Thss Request ?1 d J ? NMlAddl Reo.l Tvoe oT BuiMiaa 1 Aooliemas VirW . 1 EQUipment Wfred I Water Heater Farm a Fee ServieeEntranceSize u Fee Faea..sis.etaea e:.oo:t: td .? 0 tu 200 A s- 0 to 30 q 0 to 30 A6ov200 qm 31 to 100 ; n 37 to tOQ AuWs Swimmin Pool Above 10 t A6ove 100_A? Transformers In Partial.'Other Fce L I LS'gis iSpecial Inspection $ ?l? l Re?,ks /I? / I __ I ?.? TOT/1L / /1 7 i O RouOh-in • loved Dai ? ? . ths Eleehi?l I ? '' I?oecior. M1ereW ih naa the aEo Final ?te? ? irmpectiunbsbaen ' lpp Ippuest vd018 mon[le f mm This r2puest vuid (? ( ?? ? \I \ ? I G 18 rmn `? Y d" ?5 t ?1 Ll Ra°1 A?P,* o3030 ab .oo Nequest ?a?e Fire No. RouAh-in Inspection Nepu red? ReaW Now QWill Notify Insnec- K ?'J ?- ? d-- O J` ?Yes ?NO lor tlM?en RraJY ? Licensed Elec[ncai Contractor 1 hemby request inspaction ot above ? Owner elecviral wmk inwtalled at Street Adtlress, Box or Route No. Citv ,/1 1 e1 ?VJ Cd/S ?'pqd fJ J / L4 4+. ecbon Township Name m No. Range No. Comty - Occupant (PRINT) Phore No, ? nn l.al Power Supplier Address OCro ??m„ ?n., Elec4ical Conhactor ICOmpany Namel Conhacto?'s License No. 0oPRrGaN z-<EcrRlc. Co-„P?onJY . Mailinp Address ICanhactor or Owner Making Imtailationl /0 O. &x y 75 ifoSEmov.,) r,rn'/ ?Soh& AUtho i ed SipnatureICo Vac[or Owner Making Installalion) ?one Noniber ' va3- tr3i ' YIpNE30TA STATE'BOApp OF ELECTI11Gly ? V THIS INSPECTION IIEQUESf pllL NOT Grigps-MidweY Bldg. - Ibom N-191 l 1 BE ACGEPIED B?' THE STA7E BOAiiD 1821 Univnrsiq Ave., St. Paul, YN 55106 ? I,NlFS3 PROPFA IMSfEGTIpM FEE L4 PMre 16121 297Z!111 ENCL0.5EO. ?----------------- i ? Permit#: ? Permit Fee: ? Date Received: I ? ? I ? Staff: I I 2008 RESIDENTIAL BUILDING PERMIT APPLICATION Date: (//3U/6 K Site Address: , 13 R4' Tenant: Suite #: RESIDENT/ OWNER Name: +? Phone: ?1-z1SV-7L? 7 Address/City/Zip: yzaS /01C,D/s PC% i cq'Q't" Applicant is: q?_0 Owner X Contractor TYPE OF WORK Description of work: Tlea'l0^r?' Q V'croc'yc ? D Construction Cost: S(D0n ? Multi-Family Building: (Yes _/ No 10 CONTRACTOR Name: LJOY10l00SS ('nCA ? License#: Address: City: 0-e?-f'cx State: k )tJ Zip: S 7U? ?- l Ph J??J??? C P one: erson: O ontact COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING Minnesota Rules 7670 Cateoory 1 Minnesota Rules 7672 Energy Code . Residential Ventilation Category 1 Worksheet . New Energy Code Worksheet Cdt@gOnl Submitted Submitted submission type) • Energy Envelope Calculations Submitted In the last 72 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 Plumber: Phone: Mechanical Contrector: Phone: Sewer & Water Contractor: Phone: NOTE Plans and sypporting docume fs thai you submrt are considered? to-be public iri(ormatio?i;VPortions'of :`- { r? erinit the Ci{y to the rnforinat?on may be classrfied as ro;vrde specific reasons ttiat w`oultl o 4l if y u p ; t n pu ic o p n ,r?,I3?cariciutletha`tthe areiradesecnets. 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 pertnit, but only an application for a permit, and work is not to start without a permit; that the work will be in acwrdance with the approved plan in the case of work which requires a review and approval of plans. ? '/ x{ d?IGrC x Applicant's Printed N me ApplicanYs Signature Page 1 of 3 qt?? `- ?[qbl RESIDENTIAL BUILDING PERMIT APPLICATION CITY OF EAGAN 3830 PILOT KNOB RD, EAGAN MN 55122 651-681-4675 New Construdion Reauiremeirts • 3 registered site surveys showing sq. tt. W bt, sq. ft. of hause; aM a0 roofed areas (20% maximum Wt coverage allowed) • 2 wpies o1 plan showirg beam 8 window s¢es; poured found design, etc.) • 1 sel of Energy CakulaUons • 3 copies of Tree Preservation Poan if lot platted after 711193 • Rim Joirt Oetail Opllons sdection sheet (bldgs with 3 or less uniGs) DATE _ SITE ARD?(R?Ey' TYPE QF'WC APPLICANT - c./- a z, ? MULTI-FAMILY BLDG _Y ?TI _ FIREPLACE(S) _ 0 _ 1 _ 2 STREET ADDRESS CITY. TELEPHONE #Q$L'??) ?'I.rS1 CELL PHONE # f zs ? Z<?- JL(A-STATE,IIA) ZIP..iX?33 7 FAX #?7-?_bND PROPERTYOWNER 1?rb 1,11916kl TELEPHONE# b?JyZI_ ?- COMPLETE THIS SECTION FOR "NEW" RESIDENTIAL BUILDINGS ONLY Energy Code Category _ MINNESOTA RULES 7670 CATEGORY 1 bfINNESOTA RULES 7672 (J submission lype) • Residential Ventiladon Category 1 Worksheet Submitted rNnjUm'16*0 et Submitted • Energy Envelope Calculations Submitted 2002 1 Plumbing Contractor: ___ Plumbing system includes: Mechanical Conhactor: Mechanical system inciudes: Sewer/Water Contractor: _ Water Softener Water Heater No. of Baths Air Conditioning Heat Recovery Systcm Phone # Phone # Fee: $70.00 -------°-----------------------------°--°---------------------°-----------------°------------------------------------ I hereby acknowledge that I have read this application, state ihat the information is correct, and agree to comply with all applicable State of Minnesota Statutes and City of Eagan es. SignatureofApplicanf n/nC4 i OFFICE USE ONLY RemodellReoair Reauirements . 2 copies of plan • 1 set of Energy Calculations for heated additions . 1 site survey for exlenor additions & decks • Indicate if home sened by septic system for additions VALUATIO , Phone # Lawn Spru No. of R.I. 00 Certificates of Survey Received _ Tree Preservation Plan Received _ Not Required _ Updated 4l02 RESIDENTIAL MECHANICAL rExMrr ArrracnTiorr City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 ?u Telephone # 651-675-5675 Please complete for: single family dwellings & mwnhomes/condos when permits are reguired for each unit Date f Site Add ess 7 r I nit # Property Owner Telephone v- f ContraMOr 40r^/_lk-!?/ (lc_ ??..4? (lif.Lr•r, °I- ?( ? `U`?'t . StreetAddress ?o vl) - 41lfr1)li?,?,_?,?i1tL City ,/" State /Ir.?r'? Zip Telephone#?,j?)?9' ? y.tf? ?'' Bond #: /t-i.L ' _o1% ;z (a ? Expires: r) L / The Applicant is _ Owner 7/L CoMractor _ Other Fire repair (replace buroed out applisnces, ductwork, etc.) $ 90.00 This fee applies when extensive mechanical repairs are made to a building. Add-on or alteratioo to exisNog dwelling unit $ 50.00 _ fumace _Additional X Replacement _ New air exchanger ? air conditioner heat pump other State Surcharge $ .50 Total $ S? I hereby apply for a Residential Mechauical Pertnit and acknowledge that the infoanation is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that I understand this is not a peanit, but only an application for a permit, and work is not to start without a pemtit; that thework will be in accordance wi[h the approved plan in ttte case of work which requires a review and approval of plans. ?ae:-r_ ?;- ApplicanYs Printed Name Applicant's Signature ( PERMIT ? ` CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 (612) 681-4675 PERMIT TYPE: Permit Number: Date Issued: BUILDING 031747 64/09/98 51TE ADDRESS: 4325 NTCOLS RD LOT: 1 BLOCK: 29 SECTION 30 P.I.N.: 10-03909-010-29 DESCRIPTION: (FIRE DAMAGE) ermit Type SF (MTSC.) ?rk Type REPAIR ''e';; Z434 RLT. RESIDENTIAL ,??a ;v ?? Agg ? ? I3?? ??. ?,.?r ? ?ff ?,. . . ,? ? ai_ ?s REMARKS: A SEPARATE PERMIT IS REQIJIRE? FOR ANY PLUMBING pR ELECTRTCAL WORK FEE SUMMARY: VALUATION $10.000 Base Fee $162.25 5urcMarge $5.00 7ota1 Fee $167.25 CONTRACTOR: - Applicant - 57. LIC OWNER: S?MPSON-IINDGREN 17215546 0003129 ApELMANN HERBERT 2 28 E 35TH ST 4325 NICOLS RD M NNEAPOLIS MN 55407 EAGAN MN 55122 ( 12) 721-5546 (612)454-4627 A?9iPd 1 f? ISSUED e: S N RE ? ? ?1998 BUILDING PERMIT APPLICATION (RESIDENTIAL) $ ? (? ?• ??i CITY OF EAGAN 3830 PII.OT KNOB RD - 55122 681-4675 New Construction Requirements ? 3 registered sile Surveys ? 2 copies oT plens (InGude beam 8 xrindow sizes; poured fnd. desipn; etc.) ? t energy calalaUons ? 3 copies of tree preservation plan M lat platted after 711i83 required: _ Yes _ No DATE: ?4 V " RemodeVReoair RequiremeMs ? 2 wPies of plan ? 2 site surveys (eMerior addkions 8 decks) ? 1 energy celculations for heated atlditions ? CONSTRUCTION COST; /Z)i ? DESCRIPTION OF WORK: ?T ?L`G STREET ADDRESS: 7?, -2 S/V, C D/S Op? LOT: BLOCK: 19 SUBD./P.I.D.#: Name: IVC I /' / /¢ ,?4 Phone #: /v PROPERTY 1-est Firsc OWNER Street Address: :5-,?/' e U s /( C? City vL1 State: Zip: 0 Company? J` ov? ?hone #: CONfRACTOR G ! ? Street Address:a112 ?- O LL ? 5 J License c;Ty ? 0 5 stau: ?--?_ zip: ARCHITECT/ EIVGINEER Campany: Phone #: Name: Registration #: Street Address: City State: Zip: Sewer 8 water licensed plumber (new construction onty): and lot change is requested once permit is issued. Penalty applies when address chang I hereby adcnowledge that I have read this application and state that the informati rf'i? co t and agree to compl with II applicabl State of Minnesota Statutes and City of Eagan Ordinances. Signature of Applicant: " OFFICE USE ONLY Certificates of Survey Received ' Yes _ No Tree Preservation Plan Received - Yes - No - Not Required PLEASE COMPLETE FOR SINGLE FAMILY DWELLINGS. AISO, FOR TOWNHOMES AND CONDOS WHEN PERMITS ARE REQUIRED FOR EACH UNIT. NEW CONSTRUCTION ADD-ON A/C T ADD-ON FURNACE FIREPLACE INSERT DATE HVAC: 0-100 M BT'U ADDTTIONAL 50 M BTU GAS OLJT'LETS (MINIMUM 1 @ $3.00 EACH) ADD-ON/REMODEL (EXISTING CoNS'rxuc'i'ioN) STATESURCHARGE TOTAL snE FEES "$ 24:00 0 $ 20.00 a? = OWNER NAME:zlda P? ?/)- ?g fr., is r? TELEPHONE #: '?cS-? ??•? ? INSTALLER: . C9rs ,?r . ADDxESS:?f l? zv , ?, ) CTTY: 111}9 e-- STATE: SMQ:'/2 ? ZIP CQDE: TRi .RPHONE #:_ SIGNATURE OF PERMITTEE ?- 1994 MECHANICAL PERMIT (RESIDENTTAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122 (612) 6814675 ' CITY QF EACAN ASSESSMEN'f ACREEMENT LAND USE DIFFERS FROM ZONINC PROJECT N0. y(n°A Q? THIS AGREEMENT dated this 6rh day of Occober , 1988, between the CITY OF EACAN, (called City), and llerbert & Ellen Adelmann (called Owner) oC 4325 Nicols Road ,(address); FINEREAS, the City proposes to as9ess the following deseribed premises ouned by Owner: (legal description) E 250 PT OF S 270 F OF N 840.99 FT OF S 1682.66 FT OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23 for the following improvements pursuant to City Project 460n WHEREAS, such assessments would normally be based upon the present zoning elassification of said premises, th?tt is, ; ar.d WHEREAS,.the present use of said property is different from said zoning classification and if zoned at the present use, asseasments would be for zoning. NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follous: 1. The City agrees to assess said property for the Pro,ject and purposes described abeve as if St were zoned SinQle Family at the rates now in existence for property so zoned. 2. The OWner agrees for himself, his heirs, executors, administrators, successors, and assigns, that if the actual use oC said property is changed in the future to a use or zoning cate3ory uhich is assessable at a higher rate than the rate foi• the preaent use, the City may reassess or levy a supple- mental assessment a? such time equal to the difference betueen the assessment for the neu land 'uye and the assessment for the present land use at the assessment rates, according to City poliey, in eCfect at sueh future time. 3. a. The Owner for himself, his heirs, executors, adminis;:rators, successors, and assigns waives any and all objec[ions to the Ci[y's right to reassess the property in conjunc[iori with the Yroject iE the accual use and/or the zoning for the property is changed. Fur[her, the Owner waives any and all objections to the present assessments agreed to herein and [o the proceedings rela[ed thereto. b• By execu[ing this Agreemene, the Owner does not waive the 6urden of the City to es[ablish the bencEtt received by the propercy under the Projec[ at the time of the change in use or zontng. 4. Other condStions: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNEA jLL,Y)i rio ThSs Document Drafted By_ , Hauge, Smith, Eide 6 Keller, P.A. 3908 Sibley Memorlal HighNay Eagan, Hinnesota 55122 CIT Hy: Att A(p?pg0$CD: Publi?c ??.,'??" D recLr?e t / ?'yl.?.?....a ?iWiG EX[MPT FROM STATF. DF.ED TAX • '( 70 ISTbTE OF MINNESOTA) ,\', ) gs• CITY ACKNOWLEDGEMENT ? COUNTY OF AAKOTA ) 1 On this tjj" day of NO-?ev..1&ov , 1989, before me a Notary Public within and for said County, personally appeared BEA:':A B:.O;:^^'°'" oo?r and EUGENE VANOVERBEKE to me personally knoun, who being each by me duly sworn, each did say that they are respectively the Mayor. and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknouledged said instrument to 6e the free act and deed of said municipality. Np?ary P D, ,;. i A tirr {(( . n1 co -.mi ?or ? ,._ `??._ ? ..?3 7 STATE OF MINNESO'I7C`?_ _ `? ) ss. PERSONAL ACKNOWLEDGEMENT COUNTY OF N ?-?-? ) On this ,Z day of 198s; before me a Notary Public xithin and for said County, personally appeared ?,(wti? •,•,-,?L_l?Q?r.Lc.rcJ ac6dm-r.wr? to me knocrn to be the person oi described in and who executed the foregoing lnstrument and acknowledged thatexecuted the same as lVzefree act and deed. 74 ,rcQ;?,No at?CFy b11cc-' ) Pa+ L• _ n?r 'M 4 401 Afl? M?tA c°N yt?V,N* \ ??t`? ps4' ExA?ves `? `F1yComm ?oa s . . . _... _. ? ... . . . .. . , . . ._ . .._ . ._.,.?. . ._..:...._ _. ...,. . ,... _ . . . ,. . ? ..: ?._: . 'e. . ..... .. ? . ? _... _ ` C T 3 ftg CAMPBELL, SCOTT & FUCHS, P. A. Attorneys at Law Thomas J. Campbell (612) 456-9539 Thomas M. Scoer Facsimile (6I2) 456-9542 Ga,yG. Fuchs October 6, 1988 james R. Walston HAND DELIVERED Mr. Thomas A. Colbert Director of Public Works 3830 Pilot Knob Road Ea,ar., MN 55122 Re: Parcel 10-03000-010-29 Project 460A Special Assessment Objection Dear Mr. Colbert: We represent Herbert and Helen Adelmann in the connection with the above referenced matter. Our clients objection to the nroposed special assessment is to be considered by the City Council on October 6, 1988. Our clients continue to object to the proposed assessments totalling $24,370.20. This amount is far in excess of any minimal benefit to the property as a result of the improvements. The proposed settlement involving the execution of the agreement in accordance with special assessment policy 82-2 is not acceptable. In order to resolve this matter, our clients would agree to an assessment in the amount of $4,557.60. This amount represents the assessment for a single family at the rates iiow in existence. Thank you for your consideration in this matter. Very truly yours, CAP+IPBEILL, SCOTT & FUCHS, P. . BY• 14? Thomas M. Scott TMS:sms cc: Herbert & Helen Adelmann Yankee Square Office lll • Suite 202 • 3460 Washington Ikive • Eagan, MN 55122 city oF eagan 3830 PILOT KNOB ROAD, P.O. BOX 21799 ViC ELLISON EAGAN, MINNESOTA 55121 ' nnayor PHONE (612) 454-8100 THOMAS EGAN DA+nD K. GUSiAFSON PAMELA MCCREA 7HEODORE WACMER Council Members September 22, 1988 THOMASHEDGES CiN Atlminlsirator EUGENEVAN OVERBEKE qNClerk MR & MRS HERBERT ADELMANN 4325 NICOLS ROAD EAGAN MBI 55122 Re: P,arcel 10-03000-010-29 Project 460A, Special Assessment Objection Dear Mr. & Mrs. Adelmann: On June 30, 1988, the Special Assessment Committee met to consider your objections to the proposed assessments of $24,370.20 for the improvements associated with Project 460A, Nicols Road (Streets). Enclosed you will find a portion of those minutes pertaining to your objections as discussed by the Committee with their recommendation. You will note that the Committee recommended that the assessments be reduced to $4,557.60 subject to the execution of the enclosed agreement in accordance with Special Assessment Policy 82-2. These comments and recommendations will be forwarded to the City Council for formal consideration on Thursday, October 6, 1988. If you wish the Council to consider the reduced assessment recommended by the Committee, the enclosed agreement must be executed prior to that meeting. If you have any, other information that you would like to have the City Council consider, please forward it to my attention no later than October 3, 1988. Sincerely, M v?? Thomas A. Colbert, P.E. Director of Public Works TAC/ jj cc: Deanna Kivi, Special Assessment Clerk Enclosure --=IHE LONE OAK TREE...THE SYMBOL GF STRi,kG:H AND GRO`a!?H fN C,!Q u?AEv1UNltt ? NOTICE OF 9SSESSMENT HE$RZNG CITY OF EAGAN DA%OT9 COONTY9 MINNESOTA NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Rnob Road, in said City on Oetober 6, 1988, at 7:00 p.m. to consider the proposed assessment of Pareel # 10-03000-010-29 for Pro3eet 6 460A in Eagan. The proposed area to be assessed is described in the assessment roll on file with the City Clerk in his ofPice, which roll is open to publie inspection. Written or oral objeetions will be considered at the publie hearing. An owner may appeal an assessment to distriet court pursuant to M.S.A. 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing sueh notice witki the Distriet Court oF Dakota County within ten (10) days after service upon the Mayor or Clerk. Further information relating to these assessments may be obtained from the Special Assessment Division of the Finance Department and any questions should be direeted to that Division. Dated: September 22, 1988 E. . VanOverbe e Cit Clerk, Eagan ? ' SPECIAL ASSESSMENP CCi44ITTEE MIN[Ti'L'S ? JLiNE 30, 1988 ' PAGE 4 and that Che Ciey now conCrolled the l.ift station arid that no credie was then afforded Co Mr. DesLauriers. Egan asked Colbert to camient on the asserCion try DesLauriers that his property would be used as a hoLding pond in camectipn wikh the 1i£e station ard the culvert cormecCing the pond to Che easC of Che DesLauriers property. Public Works DirecCor Co1berC stated that the StafE and Che consu2ting engineers disagreed with AesLauriers and that afCer Che "super stosms" of July, 1987, that the water level in Che pond Co the east of the DesLauriers properCy did not raise Co a 1eve1 ChaC it would back-up through the culvert Co the Desi.auriers property. Anne rlarie DesLauriers was present on behalf of the property owner. Egan moved, Co1COn seconded, the motion to modify the azzgi.nal assessment to $9,500.06. AL1 voted in favor. The meeting was then called to recess by Chairperson Ttaaddell. 1he Special Assessment Corcmittee was recorrvened at 6:30 p.m. PARCEY.7.0-03000-01D-29/HERS AbECMANN Public Works Director Tom Colbert stated that under Project 460A Che City provided £or the recanstructipn o£ Nicols Road from an old rural Cotmty road ditch to an urtaan skreet sectian with curb and gutter and trailways. The property currently carries a corrmercial zoning wnder the Limited $usiness classificaCion. Its use is tmder--utilized by Che presence of an existing single family dwelling. In accoxdance with Special Assessment Policy 82-2 (Assessments AgainsC Lanci Whose Present Use is Di€ferent fran the Gtxrrent Underlying Zoning) the property owner could reduce the proposed assessmencs ta $9,112.50 subject to Che execution o£ the appropriate agreemenCS in accordance with the policy. Tom 5cott, an attorney at 3460 Washingtrm Drive, Eagan, MN, appeared on beha7.f of the Adelmanns. Mr. Scott indi.caCed Chat he believed the present zoning orr the property was R-4. Public Works Director Colbert indicated that Mr. Scott was correct. Mr. ScotC incIicatecl that the Adelmarms were the on1,y residents an ChaC particular stretch o£ Nicols Road and that its pzesent use would be R-1. Mr. ScoCC objected to the special assessments being at the R-4 classificaCion. Mr. Scott inda.caCed-that under the present R-1 zoning that Chere should noC be any arnomt included in the assessmenCs for a trailway but that because it was being assessed under the R-4 wning Che cost was being borne by Che Ade2manns. Mr. SCpCt indicated Chat he believed that the Adelmanns were the only residenCs being assessed at the higher rate in cormectian with this project. Mr. Scott indicaced Chat his objections were based on his belief that the properey had not been benefiCted by the $24,000.00 assessmene. Nkr. Scote sulxnitted a lettez from Ray Connel3.y, a realtor and appraiser, staCi.r?g that there has been little i£ any increase in Che value of the property due to the project. SPECIAL ASSESSmmI' COM•tITTEE MINULES .7t1NE 30, 1988 ~ . PAGE 5 Mr. SwtC zndicaCed Chat iC was hi.s undersCandi.ng thaC i.£ the property had been assessed at the R-1 rate, the amoimt of the assessmenc due from the Ade7marnis would he $4,557.60. Mr. Colbert indicated thaC Mr. Scott was correct and that there was an errar in the informatian delivered to the CamdtCee in that the reduced assessment available Lmder Special Assessment Policy 82-2 would he $4,557.60. 'Paaddell inquired of Colbert whether the policy would prwide that-the Adelmazms would be assessed aC the R-I raCe buC at svch Cime as the Adelmarms, or their successors, upgrade the use of the property to an R-3 or R-4, that the reminder o£ the assessment as assessed would be diae. Mr. CalberC indicated a£firmative, subjecC Co the execution of the agreements fn cotmection to Policy 82-2. Mr. Scott indicated that it is his belief ChaC the agreement xequested to be executed by the Adelmanns provides that a supplemental assassrrent will take place upon a future subdivision, 10, 20, even 100 years from naa, based upon the rates which would be in effect at the time of such charge of the use. He feels Chis couJ.d be lang afCer the use and benefit of the roadway have been extinguished. Mr. Scott was fearful thaC the agreement would be a claud on the title anrl that the Adelmanms would have no knowledge o£ what their responsi6ility would be i.mder the supplemental assessments: Mr. ScoCt 9.ndicated that there may be a willingness eo execute an agreement Chat provided for a set Ci.mefzame in a decreasing amaLmt due for the benefit o£ the road dssing successive years follawing the execuCion of the agreement. Mr. Scott itxlicaCed ChaC the present agreement is tnyworkable and does noC foresee the Adelrnarms entering into Chat type o£ an agreement. Twaddell inquired of ScoCt as Co whether or not he felt there was a pmblem w.ith the presenti zoning and whether the Adelmara,s would be agreeable to down-zaning the property Co R-1. Egan coRrtiented on whether or not the postponing of the assessments could leave the Citq raith the inmden of proof upon the rezoning or recJ.assification of the use o£ the property so that a public hearing would be required at such later date. Public Works Direceor Colbert indicaCed to Mr. Egan that the present poJ.icy requires the property owner to waive any £uture public hearings on the benefits derived from the public improvements. Egan irtquired as to whether or not there could skiLl be a distincC starx3ard £or the City to Uear the burden of proving the public benefit at the time o£ su6division or rezoning. Egan suggested that the langu,s,e in the assessmenC agrnement set forth a waiver of the righC of assessment but not a waiver of the value of the benefit derived by the landowner, arxl thaC the value of benefit provec3 aC a later date when the lardowner submits a subdivision or zoning change. Ggan noted rhaC this was not the proper form, but that the property may be incorrectly zoned which caused a negative impact. Egan stated that he felC Special Assessment PoLicy 82-2 was a goocl policy and that he fe1[ the property owner should waive any objectian to the assessment but should noe waive any objection to the benefit not exceeding the assessment. Egan indicated he would recomnend that the agreements in cannectian with Special AssessmenC Policy 82-2 be modified Co Chis extent. ,. , . • SPECTAL ASSESSMEIVI' CCNMITTEE MINUTES . JUNE 30, 1988 ` PAGE b Merkley expressed his concern for Che Adelmamns. He iridicated thaC because af the presenC zonirg of lt-4 and Che allocation o£ the benefits in connecCion with the zoning, thaC the Comnittee's hacxEs were tied because of Che miss-cJ.assification when the properCy was better suiCed as an R-1 zoning. Taaddell moved, Egan secom3ed the mntion to reaffirm the assessmenc of $24,370.20 wiCh a provision that it be reduced Co $4,557.60 if either o£ Che following occur: i. The property owners down--zoae Che property to R-1 prior to CiCy Council approvi.ng the reductioci, or ii. The City Coumci1 approves the modi£i.cation to Special Assessment Policy 82-2 which would provide £or the waiver of Che right of the City to assess the landowner but would noC provide for a waiver by the landowaer of the right to detezmi.ne the arrovnt o£ Che benefit at Che rime of the change of Che Lard use. AlL voted in favor. Conmittee Member Ray Creegan joined Che Comnittee. L,OT 1, BIOCK 2, CF.LISR RxDGE 15i' ADDITION RSCHARD SCI-NGIM Public Works Director Tom Colbert stated thaC 1'roject 460A provided for the reconstrucCion and upgrading of Nicols Road £rcm a Cotmty rural ditch to an urban.street with curb and gutter and trailways. At an earlier time the landowner indicated thaC Che CiCy denied direct access onto Nicols Road and that at the time of development flf Cedar Ridge lst Addition, the County controlled Nicols Road and restricCeti the access. Subsequently Che CoumCy Road has been revoked and the jurisdictian o£ Chis roadway has been turned back to the City of Fagan. Richard Schweim appeared before the corrmi.ttee and indicated that he had put in Cedar Ridge Ca.rcle to gain access Co their property since they were denied access di:-ectly onCo Nicols Itoad. He stated that they bore the cost of Cedar Ridge CYrc1e and now were being asked to pay £or Nicols Road when he claims that they do noC derive any benefit. Mr. Schweim irOzcated that he is not served directly off oi N3.cols Road arid thac due to the diminished volume in Craffic Chat Nicols Road carries, he perceives no ccetnerczal henefit to being 7.ocated next to Nicols Road. Mr. Schweim i.ndicated hi.s willingness ta pay his fair share of the assessmenC which he suggesCed might 6e in the neighborhood of $12,000.00, but he objected Co the proposed assessmenC. CITY OF EAGAN ASSESSMEYT AGREEMENT LAND USE DIFFERS ROM 20NSNC PROJECT N0. _ THIS AGREEMENT dated this 6th day of Dctober , 198_, betveen the C2TY OF EACAN, (Called City), and Herbert &Ellen Adelmann (Called Owner) of 4325 Nxcols Road 9 (addCess); WHEREAS, the City proposes Lo assess the following described premises oWned by Ouner: (legal descrlption) E 250 FT OF S 270 F OF N 840.99 FT OF S 1682.66 FT OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23 for the following improvements pursuant to City Project 460A WHEREAS, such assassments uould normally be based upon the present zoning classification of said premises, that is, ; anG WHEREAS,.the present use of said property is differenC from said zoning cla9sification and if zoned at the present use, assessments would be for zoning. NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follous: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned SinQle Family at the rates now in existence for property so zoned. 2. The Owner agrees for himself, his heirs, executors, administrators, successors, and assigns, that SP the actual use of said property is changed in the future to a use or zoning category which is assessable at a higher rate than the rate for the present use, tha City may reassess or levy a supple- mental assessment at? such time equal to the difference between the assessment for the new land 'uye and the assessment for the presenG land use at the asaessmenG rates, according to City policy, in effect at such future time. 3. a. The Owner for himself, his heirs, executors, adminisr.rators, saccessors, and assigns waives any and a11 objuctions to che City's right to reassess the property in conjunctiori wi[h the Yroject if the actual use and/or the zonins for the proper[y is changed. Further, the Owner waives any and a11 o6jections to the present assessments agreed to herein and to [he proceedings related there[o. b. By executing this Agreement, the Owner does not waive the burden of the Ciey to escablish the benefie received by the propercy under the Projecc at tLe time of the change in use or eoning, 4. Other conditions: T h e undersigned have read and understand tha abova agreement and hereby bind themselves to lt in all respecta. OWNER CITY OF EAGAN Thls Docu:nent Drafted By_ Hauge, Smith, Elde & Keller, P.A. 3908 SLbley Memorial Highway Eagan, Minnesota 55122 By: its Mayor Attest: Ita Clerk APPROVED: Publlc Works Dtrector E%GMPT FHOM STATF. DF.ED TAX RAY CONNELLY REALTY 8rokerage and Appraisals (612) 890-2130 D? 7une 27, 1988 Mr. Thomas M. Scott Campbell, Scott & Fuchs, P.A. Suite 202 3460 washington Drive Eagan, Minnesota 55112 ^ V {^'•J `U Re: Herb and Helen Adelmann 4325 Nicols Road, Eaqan, Minnesota IZO -T' In reviewing the subject property and its present use and the sales of property, T consider that there is very little if any increase in the value. If there is any increase it would be because of aesthetic reasons. Sincerely, ? 41 i`"Ra ?' ? ,//'.? p Cbnn??t?y ' 12904 Nicollet Avenue • Burnsville, MN 55337 ? HAUGE, EIDE & KELLER, P. AECE1VEL) f UN 94 1988 / PAULH.HAVGE N ?{(orne?IS ¢f o(aw KEVIN W. EIOE TOWN CENTRE PROFESSIONAL BLDG., SUITL 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORI M. 6ELLIN EAGAN, MINNESOTA 55123 DEBRA E. SGHMIOT THOMAS P. IOWE (612) 456-9000 June 14, 1988 Thomas Colbert Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55121 RE: Adelmann - Projec_t #460) Dear Tom: As I indicated to you in our recent telephone conversation, I have tried to follow-up with_tdr._ Tom Scott representing the Adelmanns in regard to the?assessments for Nicols Road. Mr. Scott indicated that the Adelmanns found-our proposed assessment agreement unacceptable. I asked that he make a counterproposal, which will hopefully be made in the near future. Mr. Scott did inquire as to when the special assessment committee would be considering this matter. Perhaps setting the issue on for hearing would be helpful in obtaining some action. Sincerely, HAUGE EIDF. & KELLER, P.A. avid G. Kelle? DGK:cam Of 3830 PILOT KNOB ROAD. P.O. BOX 27799 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 June 13, 1988 MR HERB ADELMANN 4325 NICOLS ROAD EAGAN MN 55122 Re: City Project 460A Driveway Complaint Dear Mr. Adelmann: /p -a3ooo -o/a -d9 VIC ELLISON May« hiONVSEGAN DAVID K. GUSTAFSON PAMEL4 McCREA hiEODORE WACHiER COUncil Members nionans HEOGes qryHdminisharoe EUGENEVAN OVERBEKE Ciry Cierk At your request, I have reviewed the existing condition of the driveway to your property. The driveway was restored in accordance with your request during last year's construction season. Maintenance from that point on is the responsibility of the property owner. There is no evidence of substandard construction activities which would indicate City responsibility for the existing condition of the driveway. The existing driveway condition is due to lack of maintenance required from normal use. Sin rely,? - ichael1 _P_._Eoertsch ? C -- - 7?1 -- Assistant City Engineer MPF/ 7J cc: Leo Pawelsky - Bonestroo, Rosene, Anderlik & Associates THE IONE 0AK iREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV ? x HAUGE, EIDE & KELLER, P.A. <J'Ittorneys ul Xnru TO\4'N CENT'RF. PROPESSIONAL BLDG., SUITF, 200 1260 YANKEF. DOODLE ROAD F.AGAN, b91\NES07'.4 55123 (612) 456-9000 "larch 8, 1988 Thomas M. Scott Attorney at Law 3460 Washington Drive Eagan, t,N 55122 RE: Adelmann - Project No. 460 Dear Mr. Scott: PAULH.MAUGE KEVIN W.EIDE DAVIO G.KELLER LORI M. BELLIN OEBRA E. SCHMIOT THOMAS P. LOWE 0 ? 3 0 ? Enclosed please find some revised wording in regard to the assessment agreement we have been discussing for your clients the Adelmanns. You will note that I tried to keep the formula very simple at the request of the Department of Public Works. You should know that the amounts and time periods are subject to review by the Public Works Department by receipt of a copy along with a copy of this letter. Basically, what I have done is put a cap on the amount of additional assessment possible against your client's property as a result of the upgrading of Nichols Road. Further, I have provided for some reductions which again are not approved and are subject to review to determine if they reasonably coincide with the life expectancies of the various aspects of the project. Please advise if this concept would be acceptable to your client. After review by the Department of Public Works, I will advise of any changes in the amounts or terms in the additional sentence in paragraph 2. Sincerely yours, HAUGE, EIDE & KELLER, P.A. David G. Keller DGK:cam Enclosure R?CEfVEDI K.1 , 0 1988 cc: Tom Colbert ! CITY OF EAGAN ASSESSMENT AGREEMENT ' LAND USE DIFFERS FROM ZONING PROJECT N0. 460 THIS AGREEMENT dated this Sth day of August, 1987, between the CITY OE EAGAN, (called City), and Herbert & Belen Adelmann (called Owners) of 4325 Nichols Road ; WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota, owned by Owners: (legal description) East 250 feet of the south 270 feet of the north 840.99 feet of the south 1682.66 feet of the east 1/2 of the NW 1/4 - Sec. 30, T 27 N, R 23 W, Dakota County, Minnesota for the following improvements pursuant to City Pcoject 460: Nichols Road Street Improvements - City Contract #66-02. WHEREAS, such assessments would normally be based upon the present zoning classification of said premises, that is, R-4, (Multiple); and WHEREAS, the present use of said propecty is different from said zoning classification and if zoned at the present use, assessments would be for R-1 (Single Family) zoning. NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follows: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned R-1 (Single Family) at the rates now in existence for property so zoned. 2. The Owners agree for themselves, their heirs, executors, administrators, successors, and assigns, that if the actual use of said property is changed in the future to a use or zoning category which is assessable at a higher rate than the rate for the pcesent use, the City may reassess or levy a supplemental assessment at such time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessment rates, according to City policy, in effect at such future time. However, r_he amount of additional assessment shall not exceed $20,000 within 10 years, $15,000 from 10-20 years, or $10,000 more than 20 years from the date of this agreement. 3. The Owners, for themselves, their heirs, executocs, administrators, successors and assigns, further waive notice of any and all hearings necessacy and waive any and all objections to the present or future assessments agreed to hecein or to the proceedings related thereto and waive the right to appeal such assessments. 4. Other conditions: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNERS: CITY OF EAGAN THIS DOCUMENT DRAFTED BY: HAUGE, EIDE 6 RELLER, P.A. 1260 Yankee Doodle Road By: Its Mayor Attest: Its Clerk APPROVED: Public Works Director Town Centre Professional Bldg., ;200 Eagan, MN 55123 (612) 456-9000 EXEMPT FROM STATE DEED TAX AsE?S xrc -P.4 CITY OF EAGAN ASSESSMENT AGREEMENT LAND USE DIFFERS FROM ZONING PROJECT N0. THIS AGREEMENT dated this day of , 19 , between the CITY OF EAGAN, (called City), and (called Owner) of , (address); WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota, owned by Owner: (legal description) for the following improvements pursuant to City Project WHEREAS, such assessments would normally be based upon the present zoning classification of said premises, that is, ; and WHEREAS, the present use of said property is different from said zoning classification and if zoned at the present use, assessments would be for zoning. NOW THEREFORE, upon consideration of the mutual covenants hecein, the parties agree as follows: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned at the rates now in existence for property so zoned. 2. The Owner agrees for himself, his heics, executors, administrators, successors, and assigns, that if the actual use of said property is changed in the future to a use or zoning category which is assessable at a higher rate than the rate foc the present use, the City may reassess or levy a supplemental assessment at such time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessment rates, according to City policy, in effect at such future time. 3. The Owner, for himself, his heirs, executors, administrators, successors and assigns, furthec waives notice of any and all hearings necessary and waives any and all objections to the present or future assessments agreed to herein or to the proceedings related thereto and waives the right to appeal such assessments. 4. Other con9itions: ---- - -- - ------ The undersigned have read and unde rstand the above agreement and heceby bind themselves. to it in all respects. OWNER: CITY OF EAGAN By: Its Mayor Attest: Its Clerk APPROVED: Public Works Director THIS DOCUMENT DRAFTED BY: HAUGE, EIDE & KELLER, P.A. 1260 Yankee Doodle Road Town Centre Pcofessional Bldg., q200 Eagan, MN 55123 (612) 456-9000 EXEMPT FROM STATE DEED TAX I ?m ?At? HAUGE, EIDE & KELLER, P.A. PAUL N,y{qUGE ? KEVIN WE'DE ?tjpm¢ys at aw SUITE 20 DAVID G. KELLER Lppl M. BELLIN ? TON'%? CE 1260 YANOKEE DOODLE ROAD pEBRA E SGHMIDT ` ` EAGAN, MIh 569000 05123 7HOMA5 P. LOWE (612) J February 5, 1988 Mr. Thomas Scott Attorney at Law 3460 Washington Dr. Eagan, MN 55122 RE: Adelmann as ?r? o? ? ? Dear Mr. Scott: pursuant to your request, please find a copy of the Assessment Agteement previously forwaxded by staff to the Adelmanns. Upon your review, please feel fcee to contact me to discuss any changes to the Agreement. Sincerely. • HAUGE, EIDE & RELLERy P.A. David G. Keller DGK:ras Enclosure / cc: Thomas ColbertL/ `'"?' city oF ecigcin 3830 PILOi KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOiA 55121 BFa eLOr.-t9ul5i PHONF (612) 454-8100 M?or iHOMAS EGAN JAME$ A. $MIiH VIC ELLISON November 12, 1987 iHEODORE WACHiER ca?ita Memoay iHOMAS HEDGF.S HERBERT & ELLEN ADLEMANN oivnaii 4325 NICOLS RD E EuctNEVnrvovEaucKt EAGAN MN 55122 CiN Ciz<A Re: Project #460A, arceL#10_03000- 010-29 ? Special Assessment Objection ^ Dear Mr. & Mrs. Adlemann: On September 21, 1987, I forwarded to your attention a letter indicating that your objections to the special assessments proposed under the above-reterenced project were continued and forwarded to the Special Assessment Committee for their review. At that time, it was anticipated that the Special Assessment Committee would neet prior to the end of the year. However, it is now apparent that the committee members will not be able to meet until the first part of February, 1988, at the earliest. You'll be notified in writing at the earliest opportunity upon the determination of the specific date tor this future Special Assessment Committee meeting to review your objection. We apologize for the continued delay in resolvinq your objections and appreciate your continued patience and understanding. Sincerely, Thomas A. Colbert, P.E. llirector of Public Works TAC/jj cc: Paul Hauge, City Attorney Deanna Kivi, Special Assessment Clerk THE LONE OAK TREE. . THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY Ppo 3830 PILOT KNOB ROAD. P.O. BOX 21199 BFA BlOM9UIST EAGAN, MINNESOTA 55121 Mmar PHONE: (612) 454-8100 nionrtaS EGAN JAMES A. SMITFi Se tember 21 ?.9H7 P . b1C ELLISON nHEOOOae wncrrtEa Councll MBmbers rHOnnas neoc,Es HERBERT & HELEN ADELMANN ?minMrolor GN EUGENE VANOVERBEKE 4325 NICOLS ROAD C EAGAN MN 55122 Re: Project #460A, Parcel #10-03000-010-29 Special Assessment Objection Dear Mr. & Mrs. Adelmann: At the formal public hearing before the City Council, you submitted a written objection to the proposed final assessments against your property for the improvements associated with that project. Subsequently, the Council deleted your property from the final assessment roll that was formally adopted and certified to the County for certification onto the tax rolls. Your objection was then referred to the Special Assessment Committee for an in-depth review of the improvements, the related benefit to your property and the proposed assessments. This Special Assessment Committee is comprised of two Council members, two Planning Commission members and three residents of the community. After their review, they will forward a recommendation to the City Council for formal consideration of final adoption of the proposed assessments. The Council's consideration of the Special Assessment Committee's recommendations will be held at a future formal public hearing and mailed notification similar to the public hearing process you recently completed. While there is no definitive schedule for the Special Assessment Committee meetings, it is not anticipated that this item will come before that Committee any sooner than November/December, 1987. When the Special Assessment Committee meeting has been scheduled, you will be so notified in writing with a request to provide any additional information or appraisals you may have compiled in the interim. Once all this information has been gathered , a staff report will be prepared for the Committee meeting with a copy forwarded to your attention prior to that meeting. THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY September 21, 1987 Page 2 In the interim, this special assessment will continue to be listed as a"pending" assessment but there will be no interest accrued beyond the amounts proposed at the time of the recent final assessment hearing. If you have any other questions regarding this procedure or your assessment, please feel free to contact me at your convenience. Sinc ely, '?9???? ?• ?? 'Fhomas A. Colbert, P.E. Director of PUblic Works TAC/ jj cc: Paul Hauge, City Attorney Deanna Kivi, Special Assessment Clerk J0 ? HAUGE, EIDE & KELLER, P.A. (J PAULH.HAVGE ? ?2lorneys o2 d.?aw KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVIO G. KELLER ? 1260 YANKEE DOODLE ROA-D LORI M. BELLIN EAGAN, MINNESOTA 55123 DE6RA E. SCHMIDT (612) 456-9000 June 5, 1987 Mr. Bruce Allen Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55121 RE: Project #460 - Nicols Road Dear Bruce: Enclosed herewith is a copy of the Temporary Street Construction Easement from the Adelmanns dated June 4, 1987. This represents the last Easement required for Project #460, Nicols Road construction. Sincerely yours, HAUGE-,-- EIDE & KELLER, P.A. C? '(?' X Dav G. Kellett ? DGK;ras Enclosure ??- : TEMPORARY STREET CONSTROCTION EASEMENT 6e42. 30 ol 0 r -z9 ,, THIS INDENTURE, made and entered into this `-/ day of ? , 1987, by and between HERBERT ADELMANrJand HELEN ADELMANM husband and wif2, as Grantors and the CITY OF EAGAN, Dakot3 County, State of Minnesota, as Grantee. WITNESSETH WHEREAS, sai9 Grantors are the owner of the tracts of land in the City of Eagan, Dakota County, Minnesota, legally describe3 as follows: The East 250.00 feet of the South 270.00 feet of the North 840.99 feet of the South 1682.66 feet, measured at right angles, of the East 1/2 of the Northwest 1/4 of Section 30, Township 27, Range 23. NOW THEREFORE, the said Grantors in consideration of One ($2.00) Dollar and other good and valuable consideration to them paid by Grantee, receipt whereof is hereby acknowledged, hereby convey, warrant and dedicate to said Grantee, its successors and assigns, a temporary easement necessary for the construction of slopes of cuts and fills over, under and across the following described property: The westerly 17.00 feet of the easterly 50.00 feet of the northerly 150.00 feet of the above described parcel. Said temporary construction easement to expire December, 1987. The land upon which the slopes of necessary cuts and fills are to be constructed is to cemain the property of said Grantors for said period and may be used by themselves, their successors and assigns for any lawful purpose desired, provided such use does not damage, destroy or weaken the support of the street adjacent to the above described property. Said Grantors, for themselves, theic successors and assigns, hereby releas2 the said City, its officers and agents from any and all liability and claims thereof concerning said premises, that result or may result therefrom by virtue of construction of the street adjacent to the above described property. All earth or other material necessarily excavated, removed or taken from said premises in the construction of said stceet shall become the property of said City to be removed, or used in construction of said street or otherwise disposed of as said City may seem fit. . ,,... ZN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above wiitten. ' „?.? ? Herb rt Adelmanr ?(. He1en AdelmanR STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) L On this Vy day of Public within and person sdescri6ed in, a acknowledged that -/fie J ??: ,• , 19'? ; before me, a Notary for said County, personally appeared /,,. /'(-/,-?, ,,.,-,, to me known to be the nd who executed the foregoing instzument, and executad the same as !!r,, free act and deed. /- - l Notary Public ----- - -------------- - -------- THIS DOCUMENT DRAFTED BY: HAUGE, $IDE & KELLER, P.A. "`?•. DAVtD O. KELLER ?? NOTARY PUBLIC - MIMNESOTA 1200 Yankee Doodle Road DAKOTA COUNTV Water View Office Tower, Suite 303 ?MyCOmmiSilonE:pJWyl3.top Eagan, MN 55123 (612) 456-9000 EXEMPT FROM STATE DEED TAX STAMPS TRANSUIlTTAL Daie: 5- 9- 8Cv To: DAVF- KELLEI[ fJAU6e-r d- 'ASsD. From: gRUC.E ALL?&1 _ Ev,)r_?o?tzW& Engineering Department City of E?Gan 3830 P(LOT KNOB ROAD EAGAN, MINNESdTA 55121 (612) 454-8100 Re: N16HW,4y 4F?EMtgt,?-'S ot,? oIGb'-S iZDkA 'Ppni 4?0 Dmr-- : EI4CLQgC=p AiZF-5 Z GpPIES OF /F' r-lFXMft&lEx-)'T ???MPoRARy tRSEMENT ?'o1z r?1tCAt.S 2cAD. ??+?SE F?2DGEED WkT" (AAKiNU PR-OPE2 V"awNS AkNti 6E7TOaG 516NATVRES. HIGHWAY EASEMENT Herbert Adelman & Helen Adelmarr Parcel 10-00300-010-29, Section 30 DESCRIPTION: A 7.00 foot permanent highway easement over the East 250.00 feet of the South 270.00 ft. of the North 840.99 feet of the South 1682.66 feet, measured at right angles, of the E 1/2 of the NW 1/4 of Section 30, T.27, R.23, Dakota County, MN. The East lines of said easement being the Westerly right-of-way line of Nicols Road and said Easterly lines also being a line 33.00 feet West of, measured at right angles to and parallel with the East line of said E 1/2 of the NW 1/4. Together with a temporary construction easement described as follows: The Easterly 10.00 feet of the Northerly 150.00 feet of the East 250.00 feet of the South 270.00 feet of the North 840.99 feet of the South 1682.66 feet, measured at right angles, of the E 1/2 of the NW 1/4 of Section 30, T.27, R.23, Dakota County, MN. The East lines of said temporary easement being 40.00 feet West of, measured at right angles to and parallel with the East line of said E 1/2 of the NW 1/4. F:C V?._A L:J i:V lL?'l?6 ? . -. ?{ ? 8 ? ?" Aalg ? _ S s - S _ q Sn2?ia. Y_ '? . ? .. ' i ? j'? L' '1?:5 ° 'r - ? y ''4 ? _ - •??H .?_?onw[,? rrv?_?a u? ?..ui? ? . 'S? ? ? ? ? °y'A 8 It R .• y .°g a a /, fl y ia?.u ? n aan wroo w.n -?e / f OuTtOT •^? ro. ime.sa n ? - J? w??s / oiioaF •ai_s IF ?a w ? ? r.,.a. vrerer . . am..e aara ea ?ia'ai t . - / / M1NN. n ? ?? DEPT I OF TRA SPOR Tq _ TION R F. IGHT OF ? ,o . ;i (1^c-_"an ' O?M N\ r??' a?- ?u.a ?/ c O b? ` Np ;" ' R?pG ? s ??F,<• a i . : 4,??j'a Q^ e ? ? " ' _______'_'__ ______ ______ -l __""'p q Y ?O/AI, `6 ? i+P ? ..ow'.St ?az.o ?°''0}??. Y • "°'+^?` '? C? 4 `n 9. u ? 4? y. ?...?. m.?E O v0 m?? ? ?.?? _ _i A F qR ?Q rn n G O 15 < !\? e QY N ?? riro4n a .- y': x,n : ^ m u? c? = D?,` 7 m 1° .o?-ra ?xioa w ..wn.rr. :oav ..pn. ft ltl!?M j b DOGN0.500630 II w CED R(C0. RQ N0. 23) AVENUE 1? ? ? ,? ? L9S??"}LLS? ? ? ?L? NI 0 ?..±._ ..am.•. DH??Q:.?a • N x?ea.» un? _ O. : i4Y PLAT O ? r g ooc.xo.szaaei y4,j444-4 14 2J9S V. 7w.A .#pA..y 36 &. P..t AI....& ss»s PI...- 612-6l6-y600 . lanuary 10, 1980 Mr. Paul Hauge, Atty. ` 3908 Sibley Memorial Highway St. Paul, Mn. 55122 Re: Cedar Avenue Stoxm Sewer Project #198A ? Eagan, Minnesota File No. 4953 Dear Sir: ? lG ??? or.m t. cwL P.E. S. r.ur A. cww. rs. . ] ono G. e~?, P.E. Reem w. s"Ixr, Pr, rwe.n e. r.x+. r.r. rrh.d W. r.,r., rr. _ ie,.p c. e,de.ru. rz. n.e... G. saor" rr. s..mo,r A. c..xz. rr. w...s L. s....r. rs. Reben D. [rl(rN, f.[. ppyy C. Rwp1rll. ld. RkAerd P. 7wwer, P.E. )IM A. leLmlen i"., c. oi,e.. rr. ar.t A. rtme, s? M. owMY . , re.r c. w.m.. P.C. CYb A. LMrow i.e U. r..ewr Hniw Y. Olren ' DnY E. 06ex b'e have your letter of December 10, 1979 which encloses letters from Ed .,;3aMennmy,_and-Realto`z?-Ray Connally relative to the Herb Adelmann property at )325 Cedar Avenue?n.1_?_T?e following is a brief sumnary of the items referred to in their etters.' During the construction of this projec[`, six trees were removed from the con- struction area and temporarily transplanted at the south side of the Adeimann property. It was intended that, upon completion of the project, they would be replanted in the locations designated by the Adelmanns. The balance of the restoration work which included the placing of sod, replacement of the crushed rock driveway and replacing disturbed property cbrners was completed in the fa11 of 1978. Winter weather happened too quickly to allow the transplanting of the trees at that time. It was in[ended that the trees would be transplanted in the spring of 1979. However, it did not get accomplished. A letter from Mr. McMenomy to you dated May 2, 1979 was referred to us for review and action. We discussed the tree transplanting with Mr. Adelmann during the summer but thought it was too late? to do any transplanting until fall. We.requested him to indicate where he desired to have the trees transplanted. Also, we discussed the fact that three trees had died and three trees were still living. It was our intention that the three trees that had died would be replaced wi[h trees of comparable size and type to those that had died. We requested Mr. Adelmann to in3icate by placing a lath in ttie yard where he desired the trees to be transplanted. We talked with Mr. Adelmann twice during the summer of 1979. The last time we talke3 with him it was left that he would call us back relative to where he wanted the trees placed and whether or not he wanted to arrange to have the trees transplanted or wanted us to make these arrangements. lie was also to consider whether he wanted a cash settlement for the trees that died or to have them replaced. Herb did not call me back after that conversation. Page 1. ,, Mr. Paul Hauge, Atty. St. Paul, Mn. 55122 i:e: File No. 4953 ,Ianuary 10, 1980 Later I[alked with Mrs. Adelmann who informed me they had negotiated with a nursery to have the trees transplanted using a tree spade and to replace the three dead trees with similar tiees. I asked her to give me the quotation on doing this work so that we could proceed to have the necessary authorization for this work. This was early in the fall of 1979. We received no further word from Mrs. Adelmann. To the best of my knowledge, the only unresolved item is to have the tree transplanting and replacement taken care of. All of the other restora[ion work was satisfactorily accomplished. ,It is noted that Mr. Gonnally's evaluation is based mainly on the acquisition of additional right-of-way for street purposes. It is not necessary that the easement for street purposes be acquired. The only easement we require is that necessary for the buried storm sewer pipe which should not in any way depreciate the value of the proper- ty. As far as traffic.,noise and pollution, the storm sewer has.not caused any adverse condition to this property relative to those i[ems. It should he noted that the construction of the new?Cedar Avenue Freeway wiZl minimize all three of these items by removing most of the traffic from Cedar Avenue upon its completion. ' Please advise if we can be of further assistance on this projecr. Yours very truly, BONESTROO, ROSENE, AHDERLIK & ASSOCIATES, INC. /., Robert W. Rosene RWR:li cc: Tom Hedges Tom Colbert Page 2. /D-a3aoa - o ic -z9 ' .. CITY OF EACAN ???45ti ASSGSSMENT AGREEMENT LAND USE DIFFERS FROM ZONINQ PRO,IECT N0. A/60,4 TNIS AGREEMENT dated this 6ch day of Occober , 198$, between the CITY OF EAGAN, (called City), and Ilerbert & Ellen Adelmann (called Ouner) of 4325 Nicols Road ,(address); WHEREAS, the City proposes to assess the follouing deseribed premises owned Cy Owner: (legal description) E 250 tT OF S 270 F OF N 840.99 FT OF S 1682.66 FT ? OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23 ?. _. . - < for the folloWing improvements pursuant to City Project 460A WHEREAS, such assessments would normally be based upon the present zoning classificatian of said premises, that is, ; _=d WHEAEAS,.the present use of said property is different from said zoning classification and i'f zoned at the present use, assessments would be for zoning. NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follous: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned Single Family at the rates nou in existence for property so zoned. 2. The Ouner agrees for himself, his heirs, executors, administrators, successors, and assigns, that lf the aetual use of said property is changed in the Tuture to a use or zoning cate3ory uhich is assessahle at a higher rate than the raLe £or the presenb use, the City may reassess or levy a supple- mental assessment aG such time equal to the differenee between the assessment for the neu land 'uge and the assessment for the present land use at the assessment rates, aecording to City policy, in effect at such future time. 3. a. The Owner for himselE, his heirs, executors, adminiscra[ors, successors, and assigns waives any and all objections to the City's right to reassess the property in conjunctiori wt[h the Yrojec[ iE the actual use and/or the zoning for the property is changed. Fur[lier, the Owner waives any and all objec[ions [o the present assessments agreed to herein and [o the proceedings rela[ed [hereto. b- By execu[ing this Agreement, the Owner does not waive the burden of the City to establish the bencfte received by the proper[y under the Projec[ at [hc [imc of the changc In usc or zoning. 4. Other conditions: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER `?vdj?',Yl/ 0 JdfJ,n i/??111,1 This Document Drafted By_ Hauge, Smlth, Eide 6 Keller, P.A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 CIT By: Att A?P ?i??P?ub l i c? W?qr?%W.1r_rec t or EXEMPT FROM STATF. DfiED TAX w i .. • _SoJ STATE OF MINNESOTA) ) $9• CITY ACKNOWLEDGEMEN'f COUNTY OF DAKOTA ) 4 On this B-(µ day of Na.4evni.?.Y , 1989, before me Notary Publie within and for said County, personally appeared and EUGENE VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respeetively the Mayor and Clerk of the CITY OF EACAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said insLrument to be the free act and deed of said municipality. A. L'E ? 5` NUIr.',cYS _ NnntIUTAN ? Dqi G7 C:LN(Y .... Mvcommisar x i? ?i-2:fA3 STATE OF MINNESOtX""'" COUNTY OF PERSONAL ACKNOWI,EDCEMENT On this day of 198d; before me a Notar Public within and for said County, personally appeared a-21jirr to me known to be the person 4,1 deseribed in and who executed the foregoing instrument and acknouledged that executed the same as lXet'ree act and deed. .,,_ ., n . M ^?,JCO ???i?R Z' rtN,Mn?M H;P.RY ?U8'?16' e1lNNYY NntaD °?,P'uesMY27,t989 r ?'h1Y?om • ? OFFICE OF THE COUNTY RECORDER-DAKOTA COUNTY, MN. CERTIFIEO THAT THE WITHIN INSTRUMENT WAS FILED FOR RECARD IN TH1S OFFICE ON AND AT PEr P, Al PH °?? ??SA158 ooc. No JAMES N. DOLAN, COUNTY RECOROER DEPUTY ?L FEE Jo.oZ' CASH ? CHECK La CHARGE ? CHARGE WHOM EQ?z- n REFUNO DO NOT REMOVE City O-P EQSe"' n 3 -1? ? `.. : Y. y •. .' r ? Page 21/CITY COUNCIL MEETING MINUTES October 6, 1988 He stated the City should deal with the second issue at the time of the develognent. He further stated the appraisal amount was separate from the issue of the f uture development. Mr. DesLauriers reiterated hfs concerns. There was mnch discussion zegarding the ponding and the assessments. Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment ro21 for Project 944R (Holland Lake Storm Sewer) as it pertains to Parcel 10-02600-011-52, as recommended by the Special Assessment Committee, and authorized its certification to the County. Wachter, Gustafson, Ellison and Egan voted in favoc; McCrea votea against. _------ -- ) PItC1JECT 46UA,- NICHOLS ROADe pr,ticaL ro=a3ooo-.Ol.Q-29-1 ?------ ----- -- ---- -- - ----- -- -- Public Works Director Tom Colbert informed the Council the affected ptoperty was properly assessed in accordance with its zoning classification, and opportunities to reduce the assessment in accordance with its present use were extended to the property owner. Therefore, it was the staff's recommendation that the original assessment be reaffirmecl based on its zoning classification or that the reduced assessment be certified subject to the timely esecution of the required agreements. Mr. Adelman stated that he agreed to the $4,500.00 amount but would not sign the agreement. He stated he would like the matter settled. He informed the Council that he had lived on the property for 29 years. Councilmember Egan informed Nlr. Adelman that unless be took the step to re-zone, nothing would happen and that he had complete control of the matter. Mr. Egan explained the effect of the agreement. He stated it was a non-issue. Mayor Ellison atated he felt it was fair to tax commercial higher than residential. Mr. Colbert stated the agreement allows a way to find the esact amount ff the use was changed. McCrea moved, Egan seconded, the motion to close the public hearing and reaffirm the final assessment ro11 for Project 460A (Nichols Road) as it pertains to Parcel 10-03000-010-29 and authorize its certification to the County. All voted in f avor. PRQ7SCP 460At NIC90LS EOAD* LOT 1t BLOCIC 2a CgDAR RIDGB 1ST llDDITIOH Public Works Director Tom Colbert informed the Council the assessments were properly calculated and allocated in accordance with adopted policies and proce6ures for all similar zoned-type property. Based on the appraisal by the City verifying an increase in market value at least equal to the amount of the proposed assessments, it was the staff's recommendation that the original assessment as proposed be reaffirmed. VII. NEW BUSINE55 (CONTIDNED) D. PROJECT 460A, NICOLS ROAD - STREETS & UTILITIES 1. Herb Adelmann (Parcel 10-03000-010-29) INFORMATION Project 460A provided for Cedar Avenue) from an old urban street section with public hearing approving 1986, with construction 1 assessment hearing held on the reconstruction of Nicols Road (Old rural County road ditch section to an curb and gutter and trailways. The this project was held on February 18, 3eing completed in 1987 and the final September 15, 1987, At that time, the pro erty owner submitted the written objection enclosed on page This property currently carries a commercial zoning under t e•Limited Business (LB) classification. Its use is currently under-utilized by the presence of an existing single family dwelling which is the homestead of Mr. and Mrs. Adelmann. Enclosed on pages LoL through (J_2_ are maps referencing this parcel to the improvements as well as calculation sheets showing the amount of the proposed final assessments. In accordance with Special Assessment Policy 82-2 (enclosed on page (?10), this property owner was given an opportunity to reduce the proposed assessments to ,? subject to the execution of the appropriate agreement in accordance with this Special Assessment policy. STAFF RECOMMENDATIONS The affected property was properly assessed in accordance with its zoning classificaion, and opportunities to reduce the assessment in accordance with its present use were extended to the property owner. Therefore, it is the staff's recommendation that the original assessmerit be reaffirmed based on its zoning classification or that the reduced assessment be certified subject to the timely execution of the required agreements. COMMISSION RECOMMENDATIONS/COMMENTS V Q ?7 04 Gc.?..- e-?-u?i-~° ??'-`•''° ? a" ?2+.?e/? . 0 59 . ... r? . ,r ;.ic. OBJECTION TO SPECIAL ASSESSMENT PROJECT #460A ('A2cL t- ia- 030a0 - oio - Z 9 Herbert and Helen Adelmann, the ocaners of property located at 4325 Nicols Road, Eagan, Minnesota, hereby object to the proposed special assessments against their property. Attached hereto as Exhibit A is a copy of the Notice of Special Assessment to which the undersigns object. Dated this 14th day of September, 1987. ? 'oL?e???Z2 HERBERT ADELMANN `& /c nJ CZQ?1"zaae4_y' H EE,L LMANN 0 , 6 / . ? ? - . _? . ? I ? _ i y x u i 0 e iu ? 'I 7 LAND USE GUIDE PLAN RE9OENTIAL R-I single family (03unit/ocre) R-II mixetl resitlentiol(36undlacre) R-III mixed residentiol (6.72umR/ecre) R-N multiDle (-RUnrtJccre) INDUSTRIAL Intl. Industriol R&D research&developmeni GOMMERCIAL LB limitetl business N6 rieighborhood business GB 9eneral business CY community shopping center FSC regionol ShopPing center R8 roatlsitle business' OPEN SPACE P porhs,quasi puElic E,M,HS,scnools FEB. 1980 , CITY OF FAGAN : `;; . No W 1/4 SEC* 309 ? 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ANEW- Z -?? tUCT B618I a GUTTER ti CONCRETE - 46' F-F 000 mc700aoeoti 5 ??ECr ?ARCEL 010- 29 O 23' 236.00 57 58 59 60 ---?------------------ -o----------------------- in r --- -----------------------------------------------------------------? --- - ----------------------------------------- ---?--------`--- ---------------- ? 77.56 77.56 7756 7756 77.56 .77.t 1 I 9 BL CK CEDAR I ? ? I 10 I II I 12 j 13 6 GROVE N0. 4 . NICOLS ROAD PEACEFt BLOC I I 1 14 , FINAL ASSESSMENT ROLL IQICOLS ROAD PROJECf 460A Parcel Descriptioa Section 30 ot1-25 020-25 030-25 011-27 ?? 010-29 Peacefu_ 7, g? s Outlot A Hlk 1, Lot 1 Cedar Ridge tst Blk 1, Lot 1 Blk 1, Lot 3 Blk 2, Lot t Cedar Grove 2nd 9ddition 191-08 192-08 Cedar Grove 4th 9dditioa 241-0& Cedar Cliff Commercial park BZk 1, Lot 1 Blk 2, Lot 1 Mari Acres Blk 1, Lot 1 Front Footage /YO -289 75 100 596 270 *209.99 *161.00 225.00 *131.67 *275 150 712 387.80 ¦234.92 •256.68 •205 Rate Hater Total (Per FF) Service Assessment $90.26(l) 90.26(1) 90.26(1) 90.26(l) 90.26(>) /G.PS /z? 63L vv $ +8 -1959100 6,769.50 9,026.00 53,794.96 24,37?0.20(2).t-. *J?o N s-?7 6?4' $33.75 $7,087.16 33.75 5,433.75 $78.45 $77,651.25(2) 10,329.51 78.45 21,573.75 $90.26(l) $13,539.00 90.26(>) 64,265.12 $33.75 $13,088.25 $78.45 $18,429.47 78.45 20,136.55 . Mari Acres nd Addition Blk 1, Lot 1 326.90 Slk 3, Lot 1 693.39 Blk 3, Lot 1 195.00 ? Indicates corner lot credit $90.26(>) $18,503.30 $90.26(l) $29,505.99 90.26?;? ; 62,585.38 90.26 17,600.70 Includes $11,81/FF for trailway 0 (2) Assessment may be reduced in accordance to Special Policy /!$2_2 with execution of appropriate agreements •? Assessment obligation without the execution of the appropriate agreements. POLICY # 82-2 EXISTING LF1NI) USE VS ZONIIVG SUBJECT: Assessrents against land whose present use is di£ferent fran the current underlying zoning. POLICY: Where the existing land use is different (less than the high- est and best use pennitted by current zoning) than tlie current underlying zoni.ng, all trunk area and/or lateral benefit assess- ments against the property in question shall be levieci in ao- oordance with the current underlying zoning and not in accor- dance with the cursent land use unless the attached standard agreesrnnt is notorized and executed by all persons holdinq in- terest in the title to the property. Euture rates would be cal- culated in accordance with Policy 82-1. CBJECrIVE: The pur.pose of this policy is to provide a merhod by which pro- Perty owners whose land is developed at a use that is less than permitted by the current zoning, may receive consideration for assessrenrts being levied in accordance with the property's pre- sent use and defer the additional assessrents until the curnent use is upgraded tn a use pezmitted by the underlying zoning. JUSTIFICATION: While txvnk utilities are planned, designed and wnstructed based on the highest and best use of all propesty i.n the City in acmrdance with the Carprehensive Guide Plan and/or current zoning, their benefit is not fully realized by land that is presently developed at a use less than alla,ned by the current zoning. Further, if the property is presently developed at a different use, it is assured that it would not change in the foreseeable future. Reviewed and acted upon by:. CITY COUNCIL: " ? APProved 71?a-Date _ Denied Date SPDCIAL ASSESSMENT Ca%PIITTEE: X Approved 6-14-82 Date Denied Date Co g CITY OF EAGAN ASSESSMENT AGREEMENT LAND USE DIFFERS FROy ZONZNG PROJECT N0. THIS AGRE°MENT dated this day of , 198, between the CITY OF EAGAN, (called City), and (called Owner) of , (address); WHEREAS, the City proposes to assess the following descri5ed premises owned by Owner: (legal description) for the following improvements pursuant to City Project WHEREAS, such assessments would nor•mally be based upon the oresent zoning classification of said premises, that is, ; and WHiREAS,.the present use of said property is di:ferent from said zoning classification and if zoned at the pree;ent use, assessments would be for zoning. N047 THEREiORE, upon consideration of the mutual covenants herein, the parties agree as follows: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned at the rates now in existence far property so zoned. 2. The Owner agrees for himself, his heirs, executors, administrators, successors, and assigns, that if the actual use of said property is ehanged in the future to a use or zoning category which is assessable at a higher rate than the rate for the present use, the City may reassess or levy a supple- mental assessment at such time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessment rates, according to City policy, in effect at such future time. 3• The ONner, for himself, his heirs, executors, administrators, successors and assigns, further waives notice of any and all hearings necessary and craives any and all objeetions to the present or future assessments agreed to herein or to the proceedings related thereto and waives the right to appeal such assessments. 4• Other conditions: The undersigned have read and un bind themselves to it in all respects. OWNER the above agreement CITY OF EAGAN This Document Drafted Hauge, Smith, Eide ? Keller, P.A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 By: Its Mayor Attest: Its Cler;c APPROVED: Public Works Director EXEMPT FROM STATE DEED TAX ?? - - arA:... STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) CITY ACKNOWLEDGEMENT On this day of. , 198 , before me a Notary Public Within and for said County, personally appeared BEATTA BLOMQUIST and EUGENE VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal 3ffixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free aet and deed of said municipality, Notary Public STATE OF MIP7NESOTA ) i ) ss. COUNTY OF I PERSONAL ACKVOWLEDGcMENT On this day of , 198_, before me a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that executed the same as and deed. _ free act Notary Public STATE OF MIt1NESOTA ) ) ss. COUNTY OF 1 CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of officer) 1 198by (name) (title of a (state) , of (corp, name) ' corporation, on behalf of the corporation. ? STATE OF MIN:JESOTA ) COUNTY OF Notary Public PARTNERSHIP ACKPIOWLEDGEMENT The foregoing Snstrument was acknowledged before me this 198_, by day of agent) on behalf of '- , partner (or , a Partnership. Notary Public D