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3800 Pilot Knob RdCITYOFEAGAN Remarks--A"- 16?" - 1s41 Addition Section 15 Lot Rik Parcel 10 01500 050 ? Owner-= i_ ?: t- •?_ '1.?? Street 3800 Pilot Knob Ftd. State Eagan,MN 5512' JL- ? 1 -- t-:. Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK 1971 1 Q.00 7.50 20 *SEWER LATERAL 1976 932.32 2.1 1 WATERMAIN #WATER LATERAL 197 'I WATER AREA 1 2 100OO 20 Pgi(], STORM SEW TRK 1982 • 00 • STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. 140.Oc 1030 9-3_75 BUIIOING PER. s,ac 2 .p 1030 9-3-7 PARK r ? EAGAN TOWN S H I P N9 BUILDING PERMIT i : Owner ' ----•--••• ..... •••••--:............ ..••••-•••-•Y• ••--.............. ............. :- Eagan Township 1 Addre:s (presen!) ? '? - ------::---••-----------------•---------•-----••--------•-•---------..c'?... Town Hall Buildes '` ......................•-....:....::._..••-•... ••••-•--...••-....-••-._..............•-•-•••-.... Address ...... _....•-•-•--• ••-•-• .........................•-•-••-•••••--•-------...-----------------•• Daie 42 5ioriea To Be Used For Fronf Depth Height Est. Cost Remarks I I \ ,'R ?' . 77 or Traci 0,Z This permit doea not suthorise the use of st:eets, roads, alleys or sidewalks nor does it give the owner or his ageni the righ! !o crea3e any situation which is a nuisance or which presents a hasard !o the health, safefy, convenience and general welfare !o anyone in the communily. TIiIS PERMIT MUST BE KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS. This is to certify, that ............................ .--------------- •................... has permission to erect a.............................................................. upoa the above described premise subjee# io the provisions of the Building Ordinance for Eagan Township adopted April 11. 1955. .. . , Chairman of Town Board Building Inspector L •-•--•••••-?---•-------• ---*...........*----------------- ------ Per ...-.------------•-----------------•-----------••-•••--------.....-•----•--••--•-••••---_........... EAGAN TO\1V9V 5 H! P BIJ9LDIRIG PERMlT Ownen -'-°??------------------ '-'----'-`-- Addxess (Preseni) .... _"'-_?.--? ct.!?..??.....-- -' Suilder Address ....-------- DESCRIPTION N° . . 758 Eagan Township Town Ha11 /'-'-""-----_.._.. Date Ali ?-- -------`r i9 '- 6 - / Siories To Be Used For Front Depih Heigh! Esf. CosS Permi! Fee Remarks ?0? ? ?i?l .+G??/? +9 LOCATION Sireei, xoaa or oiher Uescr-pvon of Locailon I Lo3 P•]oek I Addiiion or Traci I UW S? i ? /? This permit does not aufhosise the use of slreeis, roads, alleys or sidewalks nor does iS give the owner os his agent the righ! !o creafe any siiualion which is a nvisance or which presenls a hazard !0 the heallh, safeSy, convenience and general welfare !o aayone. in the eommuaify. ' THIS PERMIT MUST BE? ?REPT OfNTHE gREMISE WHILE THE WORK IS IN PROGRESS. This is fo cerSify, 3haY___L9F-t.t _.?.......___._has permission !o ereci a ... .. ... --------- ^^"?".'.".-?_.___._upon !he above dFSCribed premi uhje -_ o! ovisions of ihe Building Ordinance for aan Township adopfed April 11. 1955. ..... .. ...1.---- ----------------------- Per ........------.......-'---- -----..,--------- '------ -........ --'-' Chairman of Tnwn Board ? Building Inspecior ? lb - 01500 -0&a -6a RECEtVFp IIAR SEVER30N, WILCO%& SHELDON, P.A. A PROFFSSIONAL ASSOCIA170N ATTORNEYS AT LAW LARRY3.3EVERSON' JAMES F. SHELDON J. PATRICl{ VI1LC07C• MICHAEL G. DOUCHERTY MICHAEL E. MOLENDA^ 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147CH STREET APPLE VALLEY, MINNESOTA 66124 (612) 492.3138 TF.i.F'FAX NUMBER 4323780 •ALSO LICENSED IN ION'A °AL40 L]CENSED IN Wl$CONSIN' ... ALSO LICEN 3E? IN NEBRASIU March 7, 1991 Tom Colbert. City of Eagan 3830 Pilot Knob Road P.O. BoX 21199 Eagan, MN 55121 RE: David and Carol Tilseth Assessment Appeal City Project No. 466 Court File No. C2-90-7817 Our File No. 206-8751 Dear Tom: OFCDUNSEL: JOHN E. Vl71CEWCH In connection with the above matter, I enclose Stipulation for Settlement and Order for Judgment and Judgment which was filed in District Court on March 4, 1991. If you should have questions, or if we can be of further assistance in this matter, please feel free to contact me. Very truly yours, S ERSO , WILCOX & SHELDON, P.A. Roxann S. Duffy Legal Assistant to Michael G. Dougherty RSD/djk Enclosure 8 f9gj. I{EENNETH R HALL •••SCOTT D. JOHNSTON JOSEPH P. EARLEY IAREN M.SOLFEST CHRI3TINE M. SCOTTLIA ANNETTE M. MARGARIT DANIEL M.SHERIDAN cc: Michael A. Pinotti (w/enc) ucf.1oo (a?1 /" I?w?w d I ?M. [rWGW+.p rJOSEPH P. EARLEY ATTORNEY AT LAW 600 MIDWAY NATIONAL BANK BUILDING ' 7300 W 147TH ST LAPPLE VALLEY MN 55124 FMICHAEL A. PINOTTI ATTORTdEY AT LAW STE 830 ROSEDALE TOWERS 1700 W HIGHWAY 36 LROSE'JILLE MN 55113 IN RE: DAVID TILSETH ET AL VS CITY OF EAGAN STATE OF MINNESOTA COUNTY OF DAKOTA NOTICE OF: XI" f ILING OF ORDER A7{ENTRY OF JUOGMENT ? DOCKETING OF JUDGMENT Court F11a No.: C2-90-7817 ? 1bU a+'n hero6y noHflod that on - MeRru i,TN , 1 p 91 nn Order waa duly lllod In lho nbovo onlltled maller, CCy You nne hereby notllled that on MARCH 4TH, wa-a duly enlored In the abovo anlllted meltar. 91 19 n Jud8menl ? You aro hero6y nolifled Ihal on . , 10 a-Judpment wan duly docketod In lho abova onlltlod mnttor In Ihe amount ol 3 A lfuo Ond COrrocl copy o( Ihln Notlco hna boon servod hymnll upon tho panlea nemod heroln al iha last known nddroa.i of aach, puraunnl to Mlnnesotn Rulaa of Clvll Procadure, fiulo 77.04, DEled' MARCH 4TH, 1991 ROGER W. SAFfES ' ;4AdmlnIsI, lor 1 STAT$ OF MINNESOTA COUNTY OF DAKOTA David Tilseth and Carol, Tilseth, husband and wife, Appellants, v City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C2907817 Case Type: Special Assessment Appeal STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT AND JUDGMENT Flle mn W?n ?m++nwaor RECITALS ` WHEREAS, Appellants' property is located at the northeast corner of the intersection of Pilot Knob Road and Wescott Road in the City of Eagan (Tax Parcel I.D. No. 10-01500-050-52) and was assessed by the City of Eagan on July 10, 1990 for Public Improvement Project No. 466 for street and lateral storm sewer improvements; ar.d WHEREAS, said assessments were in the amount of $2,618.40; 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 $1,309.20. NOW, THEREFORE, the parties do hereby enter into the following: , Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal BTIPULATION 1. The assessment against Lot 1, Block 1, First Minnehaha Addition in the amount of $2,618.40 shall be set aside and said parcel shall be reassessed in the amount of $1,309.20. 2. It is understood and agreed tnat the parties hereto will present this Stipulation for Settlement to the above-entitled Court with a request that the Court adopt the attached Order for Judgment herein carryinq out the terms of said Stipulation. Dated: CITY OF7 tAGAN / ?,,.. Dated: Dated: v :'%'fKomas A: Its: Mayor By: J. VanOverbeke Its. City Clerk J? • David Tilseth Carol Tilseth 1 \ Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal Dated: IIV(??? SEVERSON, WILCOX & SHELDON, P.A. ?}..,.?v'( 1 ? ??.,? .1'.•>, B 1. Jrlseph P. Earley/ A torneys for Respondent 660; Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 Dated: `J'?"'^'?") ?• I%`/ ? Michael A. Pinotti, Ltd. ? /' `" ' '1 - • <:?"By: Michael A. Pinotti Attorneys for Appellants Suite 830 - Rosedale Towers 1700 West Highway 36 Roseville, MN 55113 (612) 633-1039 I.D. No. 130400 ORDEk FCR JIIDGM^aY.: 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. 466 for street and storm sewer lateral improvements against Appellants' property (Tax Parcel No. 10-01500-050-52). 2. The City of Eagan is hereby ordered to reassess said property for Project No. 466 in the amount of $1,309.20. Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth 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: , ? ,lC- ? ? / -Z {(C. _,Tuclge-o District Cou'rt JUDGMENT I HEREBY CERTIFY THAT " THE ABOVE STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT CONSTITUTE THE JUDGMENT Or THE COURT." DATED MARCH 4TH, 1991 ROGER W. SAMES (SEAL) (;RT AMINI TRATO; ' ? •PUTY CLERK ? r 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55722-1897 PHONE: (614) 454-8100 FAX: (672) 454-8363 February 27, 1991 MS DENICE KOENCK SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 1FIOMAS EGAN Mayor DAND K (BJSTAFSON PMAIIA McOtEA TIM PAWLENTY TMEODORE WA<HfER Council Memp¢rs THON?5 HEDGES Cily /Wminatrator EUGENE VAN OVERBEKE rny cI? 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 E Marcia Voqt) 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 Aqreements 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. /7m7 Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY Equal OppoAuniy/Affirmative Aciion Employer ????YAJ Pape 5/EAGAN CITY COUNCIL MINUTES February 19, 1997 H. ft was recommended that a resdtlW*#i9tP74Conderruretlon d PropertY assoctaied wlth Project 488 • Blackhawk Road ke approved. :........ ........... .... ft was recommended that the StiptAatfon for Settlernerrt AO?aertwrt for Lot 4. Carlson Acres, and Parcel 70-01500-050-52 be apprwed and the Mayor and Clty Ger1c euthorized to execute all related documents. • J. protect 609 Authorize FsaslEi?itv RenaR #dMf Roed Uoaredel • ft was racommended that the pieFiaration Qta feasibAity report for Project 609 (dHf Road Upgrade) be au[horized. : - K. A RhQfLe 1 InriatP f^ ['omnrofioile'11iP'?'9l1k9'N'??'81Y9r POliCV P{2fl It was recommended that the update ot the Eagan ComptehensMe Sanitary Sewer Pdicy Plan be authorized. L Amendment LOGIS Joint and Coooerative Aarggtyj? It was recommended that the resoluti?xt:ieeortuaendin9 amendment of the JoIrK and CooperatNe Agreement with LOGIS be approved. s> . M. Final Plat Town CeMre 700 It was recommended that the flnal ptat for the Tovvri CeiCre 100 - Eighth AddlGon be epprwed. N. Prgj>ct 572 Consider Assessment Aooeal Setttemerrt AareemeM It was recommended that the Stipulation for Settlement Agreement for Parcel 1042200-07 1-76 be approved and the Mayor and C1ry perk authori?ed to exeCtrte all related documerrts. Wachter moved, Gustafson seCOrided, a rtiodGn to apprwe the Consent Agende with an amendmerrt to the action oi Item E, Woodlands NorEh Addkion;.t6et would kidude a 30 tlay contlnuance for the flnal plat. Aye: 5 Nay: 0(Wachter abstain, fteiim?:,I ;.:.:•:•; i?i?: i:?:5:?:?:;•::.: ???i"Pw Agenda Information Memo February 19, 1991, City Council Meeting ASSESSMENT APPEAL SETTLEMENT AGREEMENTS 1. Pmject 466, Consider Assessment Appeal 5ettlement Agreements--Project 466 provided for the upgrading of Pilot Knob Road from I-35E to Rebecca Lane. Upon completion of that project, a final assessment hearing was held on July 10, 1990. During that fina] assessment public hearing, there were several property owners who ohjected to the assessments and proceeded to file a formal appeal with District Court. Appraisers were then hired to evaluate the benefits accrued to the property resulting from the improvement as wel] as a detailed reevaluation of the calculation of the assessments against the properties in question. As each property was reviewed in detai] with the objecting property owner, various issues were resolved to the extent that the forma] assessment appeals will be dismissed upon execution of the appropriate 5tipulation For 5ettlemem Agreement. The conditions contained within this Settlement Agreement were prepared by the City Attorney's Office, revfewed with the Department of Public Works and found to be in order for favorable Council action. The following properties are being presented for consideration of their Settlement Agreements: 1. L.ot 4, Carlson Acres 4205 Pilot Knob Road Walter & Delores Nelson 2. Parce110-01500-050-52 3800 Pilot Knob Road David & Carol Tilseth ACTION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For Setttement Agreement for L.ot 4, Carlson Acres, and Parcel 10-01500-050-52 and authorize the Mayor and City Clerk to execute all related documents. ^. f an;-t MEMORADTDIIM TO: Tom Colbert, Public Works Director FROM: Joe Earley, Assistant City Attorney DATE: January 28, 1991 RE: Tilseth Assessment Appeal Eagan City Project No. 466 Our File No. 206-8751 Tom: Enclosed please find three originally signed Stipulation for Settlement and Order for Judgment forms in the above matter. Please place the documents on the next available Council agenda for execution by the City. The documents can then be returned to our office to be forwarded to the Court. Please contact me with any questions or concerns. JPE/djk I STATE OF MINNESOTA COUNTY OF DAKOTA David Tilseth and Carol, Tilseth, husband and wife, Appellants, v. City of Eagan, a'municipal corporation, DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C1907817 Case.Type: Special Assessment Appeal BTIPULATION FOR SETTLEM&N'P AND ORDER FOR JUDaMENT . ; Respondent. RBCITALS WHEREAS, Appellants' property is located at the northeast corner of the intersection of Pilot Knob Road and Wescott Road in the City of Eagan (Tax Parcel I.D. No. 10-01500-050-52) and was assessed by the City of Eagan on July 10, 1990 for Public Improvement Project No. 466 for street and lateral storm sewer improvements; and WHEREAS, said assessments were in the amount of $2,618.40; and wHEREAS, the parties hereto do nat 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, tkie parties have agreed to reduce the assessments against the Appellants' property to the amount of $1,309.20. NOW, THEREFORE, the parties do hereby enter into the followinq: ? l Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal STIPIILATION 1. The assessment against Lot 1, Block 1, First Minnehaha Addition in the amount of $2,618.40 shall be set aside and said parcel shall be reassessed in the amount of $1,309.20. 2. It is understood and agraed that the parties hereto will present this 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: 2- -/ S-f / CITY OFj GAN, : Thomas A. Its: Mayor , Dated: U .-I ?T 1 / ? Y/ Dated: /ef Y/ By: E. N. Vanoverbexe Its: ity Clerk David Tilseth Carol Tilsath ?• Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal Dated: i - k`7 -Oi1 SEVERSON, WILCOX & SHELDON, P.A. /1', P, By Jos ph P. Earley A t rn ys for Respond nt 6 0 idway National Bank Bldg. 73 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 Dated: z?Michael A. Pinotti, Ltd. By: Michael A. Pinotti Attorneys for Appellants Suite 830 - Rosedale Towers 1700 West Highway 36 Roseville, MN 55113 (612) 633-1039 I.D. No. 130400 ORDER FOR JODGMENT 1. Pursuant to the foregoing Stipulation for Settlement, the City of' Eagan is hereby ordered to set aside the assessments Eor Public Improvement Project No. 466 for street and storm sewer lateral improvements aqainst Appellants' property (Tax Parcel No. 10-01500-050-52). , 2, The City of Eagan is hereby ordered to reassess said property for PYOject No. 466 in the amount of $1,309.20. Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR NDGMENT City of Eagan - Tilseth Assessment Appeal 3. Each of the parties hereto shall be responsible for their own costs, disbursements and attorneys fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT: ? ? Judge of District Court SEVERSON, WILCOX & SHELDON, P.A. - APROFESSIONN.ASSOCIATION ATI'ORNEYS AT LAW LARRYS. SEVEFi50N• JAMF.$ F. SHELDON - J. PATRICK WILCOX• 600 MI?WAY NATIONAL HANR HUILDING MICHREL G. DOUGHERTY 7300 WEST 147TN STNF.ET MICIIAEL E. MOLENDA" APPLE VALLEY, MWNF.S01'A 55124 (612) 932-3136 7'ELF,FAX NUA16Eft 492-3780 •ALSO LICENSED IN IOWA "ALSOLICENSEDINN95CONSIN . •••AL50 LICENSEU IN NEBMSKA . December 27, 1990 Mr. Michael A. inotti Attorney at aw Suite 830 osedale Towers 1700 W Hiqhway 36 Rosev' le, MN 55113 RE: Tilseth v. Eagan Assessment Appeal Court File No. C1-90-7817 Eagan City Project No. 466 Our File No. 206-8751 Your File No. M87-134 , Dear Mr. Pinotti: KENNETH R.HALL "•SCOTT O. JOHNS'ION JOSEPH P. F.ARLEY I.ORF.N M. SOLFEST CHRiSTINE M. SCOTILI.O ANNETTE M. MN2GARIT UANIF.L M. SHERIDAN OFCOlMSP:I.: JOIIN F.. bl?F.IA(AI Pursuant to your request of December 19, 1990, I am enclosing a certified copy of the setback requirements as set forth in the Eagan City Code. These requirements have not changed between the dates of January 1, 1988 and July 1, 1990. Setback requirements for your client's property are found in 11.10, subd. 6(c). Setback would be for a major thoroughfare of lOD feet and lass than 150 feet. The minimum setback would be 50 feet from the right-of-way. Please contact me with any questions or concerns. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. _ Joseph P. Earley JPE/djk Enclosure j?c: Mike Foertsch, City of Eagan oF ea 3830 DILOT KNOB ROAD THOnM.S EGAN FAGAN, MINNESOTA 55122-1897 ' M+vor AHONE: (612) 454-8100 DAVID K Gl15TAF$pN F,vc: (614) 454-8363 pP,MF1n WcIIeEO, TIM DAWIENTy - 1HEODORE WACHTER CWrciIMembers THOAMS HED6E5 AllCJL15 t 1? 1990 [rty ndmin?snaror EUGENE v,w OvEkBEKE . . Crty Clerk DAVID & CAROL TILSETH 3800 PILOT KNOB ROAD EAGAN MN 55122 Re: Project 466, piiot Itnob Road - Final Assessment Objection Parcel 10-01500-050-52 Dear Mr. & Mrs. Tilseth: On July 10, 1990, the City Council held the public hearing for the final assessment roll for the above-referenced project. At that time, you had submitted a written objection pertaining to the proposed assessment. In addition, you provided verbal testimony furthering your objection during the public hearinq. The proposed amount of your assessment of $2,618.40 is comprised of street improvements ($1,848.90) and storm sewer lateral ($769.50). The street assessment was based on assessing your entire frontage (104.35 feet) at a rate of $17.72 per front foot which is one-half the normal residential equivalent rate for single-family property: This takes.into consideration the reduced benefit associated with Pilot Knob Road being a major collector street. However, it also recognizes the benefit associated with upgrading a road with bituminous surfacinq, concrete curb and gutter, driveway approaches and related restoration for a street that provide5 primary access to your property similar to other properties throughout the City. Although you submitted information indicating the value of your property decreased, this was related to the reductinn in the size of your parcel resulting from the right-of-way acquisition by Dakota County. It is still felt that there is benefit provided to your property from these improvements. As a result of your testimony and written objections, the City Council concurred that the assessment is appropriate. City staff has further evaluated your objection and determined that all City policies and procedures were properly complied with and applied to your property for this project. Therefore, the final assessment pertaining to your property under this project will remain as proposed. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal Opportunity/Attirmative ACtion Employer July 10, 1990 David Tilseth Carol Tilseth 3800 Pilot Rnob Road Eagan, MN 55122 E. J. VanOverbeke City Clerk City of Eagan 3830 Pilot xnob Road Eagan, MN 55122 Re: Special Assessment, Project 1OP466 Dear Mr. VanOverbeke; This is our written objection to the amount of the assessment. Our reason is that our homesteaded property deceased in value as a result of these alleged improvements and accompanying assessments. V ? truly yours, ?;? David and Carol Tilseth Enclosures ? a??-9 I STATE OF MINNESOTA COUNTY OF DAKOTA County of Dakota, a Minnesota municipal corporation, V5. Petitioner, Case Type 2. Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO. CX-88-7287 SETTLEMENT AGREEMENT AND STIPULATION OF DZSMISSAL AS TO PARCEL 56 David Tilseth and Carol Tilseth, Respondents. WHEREAS, the County of Dakota has commenced an action in eminent domain to acquire property described as Parcel 56 in the above entitled matter; and WHEREAS, Petitioner and David Tilseth and Carol Tilseth, above named Respondents, who are the owners of Parcel 56, have reached a negotiated settlement as to the total damages for the taking of certain temporary and permanent easements for highway and slope purposes from said parcel. NOW THEREFORE IT IS HEREBY STZPULATED AND AGREED, that the above entitled action as to ParceZ 56 b_ hereby dismissed on its merits with prejudice, but without further cost to either party, and that the Clerk of the above named Court upon the filing of this Stipula- tion is hereby authorized and directed to dismiss this parcel from the above entitled proceedings. IT IS FURTHER STIPULATED AND AGREED, that the below named Respondents hereby accept the sum of $30,600 in full settlement of all damages and costs for the taking of certain temporary and L permanent easements as described in the Petition filed herein. That the undersigned Respondents, in consideration of the payment of the aforesaid $30,600, agree that said payment and acceptance constitutes full accord and satisfaction of any and all claims for damages, past, present and future, of any kind or nature; occasioned by the taking of such temporary and permanent easements as to said Parcel 56 from the tract of land thereby affected, and all damages, if any, to the remaining lands, hereby intending to forever settle any and all claims for the taking of the temporary and permanent highway and slope easements. IT IS FURTHER STIPULATED AND AGREED, that the Petitioner herein, upon full payment of said $30,600, may record fully signed Easement Agreements executed by the undersigned Respondents or may enter a Final Certificate in condemnatfon as to the taking of such temporary and permanent easements across said Parcel 56 as described in the Petition filed herein, and that said Respondents will make no objection to this Stipulation or to the recording of the Easement Agreements above mentioned, or to the filing of said Final Certificate describing said temporary and permanent easements on this parcel and hereby waive the same forever. IT IS FURTHER STIPULATED AND AGREED, that the Petitioner, having previous2y paid the sum of $28,850 to the undersigned Respondents, which amount represented the quick-take payment for the benefit of the owners of Parcel 56, shall forthwith pay the undersigned -2- Respondents the sum of $1,750, which sum represents the additional amount due pursuant to this settlement. IT IS FURTHER STIPIILATED AND AGREED, that the Petitioner will construct a bituminous turnaround on the Respondents' property in accordance with the drawing attached hereto as Exhibit A. IT IS FURTHER AGREED between the parties that the eastern edge of the bike/trailway mat shall not extend beyond 16 feet from the eastern edge of the curb. THE UNDERSIGNED PARTIES HEREBY AGREE, that each party shall pay its own costs and disbursements herein. Dated: ? ; 1?.; r.? ; , , % !;: ,•' ? GRANNIS, GRANNIS, FARRELL, & KNUTSON, P.A. MICHAEL A. PINOTTI Attorney for Respondents 830 Rosedale Towers 1700 West Hiqhway 36 Roseville, MN 55113 avid Tilseth ? ?. Caro-?th , BY:-? PATRICK A. FARR I+L Attorney for Petitioner Attorney I.D. No. 28435 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 COUNTY OF DAKOTA „ ? . BY: ' , steve G. Loeding County Board Chair BY : Norma Marsh, County Audltor -3- -.....? -? i . . ? T\LSQ.TH 31-?-1 . i'. S (o ? i ; . , ? ? ? . i . .. ? I I : ? 1 EXHIBIT A ?../ 1 Z.I MAtK ON N.l%O\ 1?Mq? ? ?F y SO 1SL 1?$'dW N1AiX 1 t F74pI1T 4AR/W1 - CASE TYPE: OTEM CIVIL 0 STATE OF MINNESOTA COQNTY OF DAROTA RE: PETITZON FOR DETII2MINATION OF OB.TECTIONS TO REAL ESTATE TAXES PAYABLE IN THE YEAR 1989. David and Carol Tilseth, Petitioner, v. County of Dakota Respondent. TAX COQF2T FIRST JUDICIAL DISTRICT OFFER, ACCEPTANCE AND STIPULATION FOR JQDGMENT D. C. File No. CO-89-6983 WHEREAS, James C. Backstrom County Attorney of Dakota County, Minnesota,and Attorney for the State of Minnesota in. the above entitled matter, hereby offers to reduce the market valuation for the year 1988 of the land and improvements. in the City of Eagan in said County and State described as set forth in the Petition herein and on the attached Exhibit which is incorporated by reference, from the sum of $73,600.00 to the sum of $45,750.00; and WIiEREAS, the undersigned Petitioner hereby accepts the offer of said Attorney for the State, all as pzovided in Minn. Stat. §y278.05 and 278.07. NOW, THEREFORE, IT IS STIPULATED AND AGREED that .Tudgment may be entered in this proceedinq upon this Stipulation by the Clerk of the above-named Court, without further hearing; without further notice to either party and without any order of Court; that the taxes due and payable in 1989 on the land and improvements thereon described on the Petition hezein and as computed upon said reduced market valuation shall be the sum as indicated in the attached Exhibit. Dated this day of ?" ??vA. , 1989. Hy Michael A. Suite 830, '1700 West Roseville, Telephone: Pino? t! Rosedale Towers Highway 36 MN 55113 (612) 633-1039 JAMES C. BACKSTROM DAHOTA COUNTY ATTORNEY By uvy 1u1QOOCu Agsi tant County Attorney Dakota County Government Center 1560 West Highway 55 Hastinqs, Minnesota 55033 Telephone: (612)-438-4438 Attorney Reg. No. 152158 ATTORNEYS FOR RESPONDENT FILE NUMBER T-89-205 T/Offer-1 I MO?fart IDE'1TIFGTIOH I I/Q ? w•' ? asT rui tor I wc 'T'V, /o o1 sc? Ic?a I?4 -,? a ,IN I reov¢Rn MCMEfTF1.DED yas T? fi.? r ATw r? ?wne.? ?? ? w/uti N M^ d.v /wr?Yw? M? ?M YM ?? WMM?Y1 I?y ?11?wM?Y1 r 114 ??0 ?I 11\? I?I^r USF TM6E AMOUNTS .? ? IJI rw rur ?r?y?r.? Tu I?IW Frw rf? l. Oo.4I0p T.. Awrn? (:wiad i? WJI;w? ?w? wr w Njrixn? 4w? 11:0 ww J lun? ., II?Ai? 1?? i? ?hw\a. 1w? ?? i?Iiryrrr ?uw W w?{ w ud? yr rh? I..enq }?? Idpw< GRO55 TAX DISTRIBUTION 3 iratt 4 COVNTT S IOWNSNII Cf Ott • fCMOOI'JISilICS . 7 OTM!! 7111NG OIfTIICT ? riscx oisraRin I I toui c2a:: T.x I 3. VD I r ?mvmcr+s . SLiC ru0 ?GlMNIIAt I ? 0 U:'At u L sr.ft ...o ,e,..esTe.o aecrr 0-v. 0?/ I (,o,oT.,T.= I ?a9.3? I ? „,.ta.,.,:F=WWn I ?y ya, „ roraLaMour+r pAY,,BLE s7a.a o nnt Mav u,stwUAwr sinNo hau n+suw.ert 1 I Setl-+ Ei?r?1?0 ra6rt r?uw ?s 7sv Rcra I Descer++ow I tOT WC ? '1,0n i5 Twn 471 R"I;Z3 1 ? I 1 I I SPECIAI ASSc55MENT5 ASSESSMENT AMOUN7 SnCAL AUBSMiNT Torx (ta uHa 11) :1Zess of P_ope_^•v3P00 4/of fI;?ob Ad. , Gp.qaa. Cr-g'_nz1 Miket Va:ues: Em 73,1000 ? L`". . Kec.:ced u=ket Vzue: Land. • 3uilciae e27, !SO Total J/6- .750 gp5c 3et_ced Assessed Va1.ue 993 =? F.D. ^=_'g. Cizss. fl. Z17 vev Clzssz.'. T.. I. L.?TA.rz A FOS ;dXE9 Paysble :L,j I q89 arig. 19PTax: 934.S51 ???? 19.25Tu• 57a.a0 14_?9 TaY ?=ev. Pd.: - O- ?zence Due - 19 89 : J?7e7. a D Re "r--nd A:e - ' ° CASE TYPE: OTHER CIVZL STATE OF MINNESOTA ( TPilC COQRT COrJNTY OF DAKOTA FIRST JIIDICZAL DISTRICT -------------------------°------------------------------------------------- In the Matter of the Petition of STIPQLATION, ORDER FOR JUDGMENT David Tilseth & Carol Tilseth, Petitioner(s) AND JIIDGMENT To Determine Objections to Real Court File No.: CO-90-7072 Estate Taxes Payable in the Year 1990. IT IS HEREBY STIPULATED by Petitioner, Petitioner's legal counsel; if any, and the County of Dakota in settlement of the above proceedings, that the valuations and resulting tax Eor the property located in the County of Dakota, State of Minnesota, are as hereinaEter set forth and more fully detailed on the the attached Exhibit(s): Exhibit Parcel No. Amount A • 10-01500-050-52 From $78,300.00 to $51,000.00 IT IS FURTHER STIPULATED that judgment may be entered in the sum(s) as indicated on the attached Exhibit(s) without costs, and JUDGMENT BE ENTERED ACCORDINGLY WITHOUT PRIOR NOTICE OR HEARING. Date: Tu..r 27 , 1990 ?Michael A. Pinotti, Esq. C 130yoo) Suite 830 Rosedale Towers, Roseville, MN 55113 ORDER IT IS HEREBY ORDERED, year be found and that property in accordance wi costs Eo either party. Date: J ES C. BACKSTROM D KO C TY ATTORNEY . Stassen 'stant Coun.ty Attorney Attorney Req. No.: 152158 That the real estate taxes payable in the above Judgment be entered for such tax on the above :h the terms of the foregoing Stipulation, without SY THE COURT: , 1990 JUDGE OF TAX COURT JIIDGMENT I HEREHY CERTIFY THAT THE ABOVE ORDER CONSTITUTES THE JUDGMENT OF THE COUR2. Date: (seal) 1990 Roger W. Sames Court Adminisirator By: Deputy T/Stip 2Jui1z11 X /ROPERiY IOENTIFIC4TION f/O ? DAV/D q,VA C'ARok 7l-i5ETN asT nAT wr uK l0 0/SO0 A50 52 ADDR; ? M. wis ?96 I G WAMJ w.AX..,ER I ?AOPERTY I NOMESTEAOED YES I YOU MAY BE ENTITLED TO A REFUND T. Gnd ~;1 ?w r? ?n?Y?tl rs e rNund ei pan el ywr yrep.rry 1mw Inw M? ??? N.wn?nWe, w? Hw Mainetisn . Mr ba6 N Mn 1w?. USE THESE AMOUNTS ?Mw ru IiC M 1wr heP" Te. Y.hr.d Frin ?IYR- 1. w.Rly:.' T...In«wr I 1:w.:..1 n d.dGn9 .d r w? .di«winy 6nd 1130 .ax i/ Fer.n) 7. $1.1. I.id ftim.lwd Gmdif . 11 r1y? b?? u?M<4.d. Yw ?w? ddiw?wwt tu?? awd nq e.I ooly f?? ?M Pwwb Ta. 4.f.nd GRO55 TAX OISTRIBUTION 7 STATi • CWHTt 7 TOWNSMV OR OTT i fC1100t OISTRICi ) OTwFi 7AAING OISTRIR a iI5G10151aP1TY I un,..no+..<Irr.wG I 5/, 000 I 5/0 norutt o[sannoM s[t t lOT SECrroN /Sn?N 27 RAN6E 23 1 i 5/o,/. y y oc 6? 208.7 ?r c? t 5 ymy FseFswyy .3 ACRE • 115_ 129 j23 l SPECIAL ASSESSMENTS I ASSESSMENT AMOUNT 7 TOiAI G9055 TAX ? 1 af0UC710N5 ?. STAiE PAID AGRICtnTUNLL u0 GEpT ?. yTAT[ Pai0 nWnESTE.W CtFpT ,o TaTU r.x ? y28. 2-11 SPEUAL ASSESSMENTS I1 tor.i Sr. ?.h+ w ua?ul TOTAL ?t.10UNT 56? 96 SPEqAL ASSESSMENT /33.72 PAYAEt.. TOTAI (TO llNF 11) For Taxes Payable in /990 RISi MAlf INSTALyAFNT I . orig. 19 90 Tax: 877 '70 SFCAND M?lf INSiALLMFJ/7 . ' Reduced 19ILTax: ' 56/.94 3dress of Property38o0P//-0TKJa ???.EA&4d 1990 Tax Prev. Pd.: '138.86. rigiflal Market•Values: EM 78.300 . galance Due - 1990 • 123.11 I.M educed Market Value: Land /6.00O Refund Due - 39 Building: 35,Ooo Total 51.000 BASE educed Assessed Value 510 •? F.D. j.I. .-ig. Class. HE 2"o Hew Classif. H?? o G7C =?>107 ? CERTIFICATE OF APPRAISAL: The undersigned does.hereby certify as follows: ? a) i have personally inspected the property. ? b) I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. c) I have no personal interest or bias with respect to the sub- ? ject matter of this appraisal report or to the parties in- volved. ? d) To the best of my knowledge and belief, the statements of fact contained in this appraisal report" upon which the analysis, opinion, and conclusions expressed herein are based, are true ? and correct. e) This appraisal report sets forth all of.the limiting condi- tions (imposed by the terms of my assignment or by the under- ? signed) affecting the anlaysis, opinion, and conclusions con- tained in this report: lo f) This appraisal report has been made in conformity with and is subject to the re uireme t f q n s o the d Code of Professional Ethics an Standards of Professional Conduct of the American ? Institute of Real Estate Appraisers Association of Realtors. of the National g) No one other than the undersigned clusi prepared the analysis, con- ? ons and opinions concerning forth in this appraisal re t real estate that are set por . ? h) The real properties which are the zeport were valued as of 4-14-88 subject of this appraisal based h , the hom i o n t e condition of- e as t was on 9-2-87, both taking by Dakota County, as follows before : and after a partial ? 1. Value Before Taking: $ 82,000.00 2. Value After Taking: $ 53,150.00 ? 3. 4. Damage Due to Taking: (Severance) Damages Due to Slo e Ea e $ 23,600.00 p s ments: $ 29.64 5. Damages Due to Permanent Easement: S 5,178.50 6. Toial Damages: $ 28 808.14 ? SA Y: $ , 28,850.00 Linda Cushman Fearing, Appraiser 10 G?1 -26- ._C?//L? Wi11iam,H. Cushman, MAI 1/I Agenda Information Memo February 19, 1991, City Council Meeting ASSESSMENT APPEAL SEITLEMENf AGREEMENTS , 1. Project 466, Consider Assessment Appeal Settlement Agreements--Project 466 provided for the upgrading of Pilot Knob Road from I-35E to Rebecca Lane. Upon completion of that project, a final assessment hearing was held on July 10, 1990. During that final assessment public hearing, there were several property owners who objected to the assessments and proceeded to file a formal appeal with District Court. Appraisers were then hired to evaluate the benefits accrued to the property resulting from the improvement as well as a detailed reevaluation of the calculation of the assessments against the - properties in question. As each property was reviewed in detail with the objecting property owner, various issues were resolved to the extent that the formal assessment appeals will be dismissed upon execution of the appropriate Stipulation For Settlement Agreement. The conditions contained within this Settlement Agreement were prepared by the City Attorney's Office, reviewed wifh the Deparnnent of Public Works and found to be in order for favorable Council action. The following properties are being presented for consideration of their Settlement Agreements: 1. Lot 4, Carlson Acres 4205 Pilot Knob Road Walter & Delores Nelson 2. Parce110-01500-050.52 3800 Pilot Knob Road David & Carol Tilseth ACTION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For Settlement Agreement for I.ot 4, Carlson Acres, and Parcel 10-01500-050-52 and authorize the Mayor and City Clerk to execute all related documents. Y ' " 16 l ?tsity oF eagcin _ 3830 PILOT KNOB ROAD TiiOhW.S EGAN EAGAN, MINNESOTA 55142-1897 WyOf PHONE: (614) 454-8100 DAVID K. GUSTAFSON FAX: (614) 454-8363 PAMELA NtGEA TIM PAWlENTY THEODORE WACHTER Council Memb¢r5 THOnMS HEDGES Ci[y Atlmin6frdtor February 27 , 1991 EUGENEC? o veas? MS DENICE KOENCK SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Stipulatioa For Settlement 3`a. Project 466, Parcel 10-01500-050 b2 (David 6 Carol Tilseth) Project 466, Lot 4, Carison Acres (Nalter & Delores Nelson) PTOject 572, Parcel 10-02200-011-76 (David 8 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. /jmj Enclosure THE LONE OAK TREE.,.THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY Equal OpportunNy/Affirmaiive Action Employer e STATE OF MINNESOTA COUNTY OF DAKOTA David Tilseth and Carol, Tilseth, husband and wife, Appellants, v City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C1907817 Case Type: Special Assessment Appeal STIPULATION FOR SETTLEMENT AND ORDER FOR JIID(iMENT RECITALB WHEREAS, Appellants' property is located at the northeast corner of the intersection of Pilot Knob Road and Wescott Road in the City of Eagan (Tax Parcel I.D. No. 10-01500-050-52) and was assessed by the City of Eagan on July 10, 1990 for Public Improvement Project No. 466 for street and lateral storm sewer improvements; and WHEREAS, said assessments were in the amount of $2,618.40; 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 $1,309.20. NOW, THEREFORE, the parties do hereby enter into the following: ; Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal BTIPIILATION 1. The assessment against Lot 1, Block 1, First Minnehaha Addition in the amount of $2,618.40 shall be set aside and said parcel shall be reassessed in the amount of $1,309.20. 2. It is understood and agreed that the parties hereto will present this 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: ZCITY : Thomas A Its: Mayor Dated : "T.A.,- (.? ?T I ' 41 Dated: ? By: E. . vanovernexe Its: ity Clerk David Tilseth Carol Tilseth , . Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth Assessment Appeal Dated: I-t-1-Ot ` SEVERSON, WILCOX & SHELDON, P.A. /, //,'I 1 ' By Jos?ph P. Earley? A t rn?ys for Respon nt 6 0 idway National Bank Bldg. 73 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 J? Datea: Michael A. Pinotti, Ltd. By: Michael A. Pinotti Attorneys for Appellants Suite 830 - Rosedale Towers 1700 West Highway 36 Roseville, MN 55113 (612) 633-1039 I.D. No. 130400 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. 466 for street and storn sewer lateral improvements against Appellants' property (Tax Parcel No. 10-01500-050-52). 2. The City of Eagan is hereby ordered to reassess said property for Project No. 466 in the amount of $1,309.20. ; Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan - Tilseth 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 & CITY COIJNCIL MEMBERB THOMAS L HEDGESt CITY ADMINISTRATOR GENE VANOVERBERE, DIRECTOR OF FINANCE FAOM: THOMAS A COLBERTi DIRECTOR OF PIIBLIC WORRS DATES FEBRIIARY 13, 1991 BDBJECT: ASSE86MENT APPEAL SETTLEMENT AGREEMENTS LOT 4? CARLSON ACRES (WALTBR NSLSON) PROJ 466 FARCEL 10-01500-050-52 (DAVID TILSETH) PROJ 466 PARCEL 10-02200-011-76 (DAVID VO(iT) PR0.T 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, CARLSON ACRES (WALTER E 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 & CAROL TILSETH) - PROJ 466 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 & 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 leadinq up to this settlement were handled by Joe Early, due to his departure, all follow-through will be handled by Mike Dougherty. Respectfully submitted, ?nt?o Director of Public Works TAC/jj cc: Deanna Kivi, Special Assessment Clerk Mike Dougherty, Assistant City Attorney oF 3830 GILOT KNOB ROAD 7NO,w5 EGnN EAGnN, nnINNESOTA 55122-1897 Mar« PHONE: (612) 454-8100 DAVID K, GUSTnF50N FAX: (612) 454-8363 pqATLA nxcaEA TIM DAWIEMY THEODORE WACHfER COUnCiI Members THQK45 HEDGES AllCJUSt 1, 1990 cicyndminat.aror EUGENE vAN OVERBEKE Cay Clerk DAVID & CAROL TILSETH 3800 PILOT KNOB ROAD EAGAN MN 55122 Re: Project 466, Pilot Rnob RoaS - Final Assessment Objection Parcel 30-01500-050-52 Dear Mr. & Mrs. Tilseth: On July 10, 1990, the City Council held the public hearing for the final assessment roll for the above-referenced project. At that time, you had submitted a written objection pertaining to the proposed assessment. In addition, you provided verbal testimony furthering your objection during the public hearing. The proposed amount of your assessment of $2,618.40 is comprised of street improvements ($1,848.90) and storm sewer lateral ($769.50). The street assessment was based on assessing your entire frontage (104.35 feet) at a rate of $17.72 per front foot which is one-half the normal residential equivalent rate for single-family property. This takes into consideration the reduced benefit associated with Pilot Knob Road being a major collector street. However, it also recognizes the benefit associated with upgrading a road with bituminous surfacing, concrete curb and gutter, driveway approaches and related restoration for a street that provides primary access to your property similar to other properties throughout the City. Although you submitted information indicating the value of your property decreased, this was related to the reduction in the size of your parcel resulting from the right-of-way acquisition by Dakota County. It is still felt that there is benefit provided to your property from these improvements. As a result of your testimony and written objections, the City Council concurred that the assessment is appropriate. City staff has further evaluated your objection and determined that all City policies and procedures were properly complied with and applied to your property for this project. Therefore, the final assessment pertaining to your property under this project will remain as proposed. THE IONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal OppoAunitylANirmative ACtion Employer Page 2 I regret that we were not able to comply with your objection. However, it is hoped that thi's letter provides additional information in helping to explain the merits of this improvement and its related assessment. Since? ly, ?-,62n? ? Thomas A. Colbert, . Director of Public Works TAC/jj cc: Jim Sheldon, City Attorney Deanna Kivi, Special Assessment Clerk MICHAEL A. PINOTTI, LTD. ATlORNEYS AT !AW SUITE 830 • ROSEDALE TOWERS 7700 WEST HIGHWAY 36 ROSEVILLE, MINNESOTA 55113 (612) 633-1039 TLX 508497 July 13, 1968 Dakota County Administrator Dakota County Government Center 1560 West Highway 55 Hastings, MN 55033 Mr. Patrick Attorney at Post Office 403 Norwest 161 Concord South St. P. A. Farrell Law Box 57 Bank Building Exchange North aul, MN 55075 Mr. James F. Sheldon Attorney at Law 7300 - 147th Street West P. O. Box 2439 Apple Valley, MN 55124 Mr. Eugene Van Overveke • ye ?\t ? ? City Clerk City of Eagan 3830 Pilot xnob Road Eagan, Minnesota 55122 Re: Notice of Claim - Notice of Dangerous Condition This letter is intended to protect my clients' rights under M.S.A. $ 3.736, M.S.A. § 466.03, and Chapter 117. I represent David and Carol Tilseth whose property has been taken through eminent domain proceedings by Dakota County. The taking of the property consists of a majority of their front lawn and creates conditions that are dangerous to life, limb, and property. This notice is compelled to the extent that emi- nent domain proceedings do not fully compensate the Tilseths for their losses or injuries. We hereby put you on notice that adoption of Dakota County's decision of January 15, 1988, to expand Pilot Knob Road involves damage to property that will not be covered by the eminent domain proceeding and creates a known dangerous condition to the land itself, the improvements on the real estate, and to its owners, their occupants, guests, and trespassers. ? %U- oisau -vs-6 _S L - Jk?? ?d.OR Appointments may be received at the sate/lite office /ocated in the Community National Bank euilding North Branch, Minnesota. Page 2 July 13, 1988 We believe that the property is unsafe and uninhabitable in its current condition. In support of this opinion, please see attached Exhibit A. We hereby claim damages from all injuries forever arising under this claim for bodily injury or injury to property arising from trespass, nuisance, or confiscation of part of the entire property. We also claim injury resulting from the forced use of prop- erty that is in a knowingly dangerous condition. This property would include all damages to life, limb, property, liberty, the pursuit of happiness, and right to hold property, whether tan- gible or intangible, arising in result of the known dangerous condition. We also claim damages for any or all trespasses, nuisances, known dangers, or breach of the duty of care result- ing in injury to the property owners, occupants, guests, invi- tees, or trespassers, whenever they occur. We also claim all damages under Bivens v. Six Narcotic Aqents, which are not covered by any of the aforementioned claims for your violation(s) of any and all constitutional rights violated by the passage of Dakota County's resolution and by the city's vicarious adoption of the same. We also claim damage by the city's refusal to issue a variance permitting reconstruction of the property if damage occurs. Dakota County intended to specifically exclude the Tilseths from the legi- slative decision process, not to give notice of such proceeding, and failed to allow the Tilseths substantive due process. Enclosed are the Findings of Fact, Conclusions of Law and Order of Judge Raymond Pavlak dated and filed May 6. 1988; and the Order of Judge Raymond Pavlak dated and filed May 19, 1988, denying the motion for reconsideration. To the extent that this order is res judicata, the Tilseths do not make a claim herein. To the extent that this claim is res judicata, we do not dispute the issue of eminent.domain pro- ceedings initiated by Dakota County. This decision does not bar a mandamus action againat the city of Eagan. We dispute that this decision is res judicata on the issue of damages. we also dispute that this decision is res judicata to the issue of lia- bility for all above claims except the eminent domain proceed- ings by Dakota County, to the extent that these proceedings do not award damages for injury to life, limb, property, or consti- tutional rights. This claim does cover those costs, disburse- ments, attorney fees, moving costs, or other out-of-pocket costs incidental to Dakota County's taking of the aforementioned prop- erty, but are not compensated through Chapter 117 proceedings. u,..' a .,i?li:?i.,:,i? ..,?.... ... __.n;. , ..?... .. _ ..'9L .... . . . } . .. .. . Page 3 July 13, 1988 Very truly yours, MICHAEL A. PINOTTI, LTD. MA. P ottl MAP:kw Enclosures Exhibit A i D EAN E R. AN KLAN, P. E. CONBULTINO ENOINEER 3153 SANDY HOOK DRIVE ROSEVILLE, MN.55113 (612) 484-4987 June 13, 1988 Michael Pinotti Attorney at Law Suite 830 Rosedale Towers 1700 W. Hwy. 36 Roseville, Mn. 55113 Re: Tilseth Property taking Dakota County Based on my experience and backyround in county public uorks, my research into the Tilseth condemnation and my knowledge of the Pilot Knob road area development, I feel the following items should be considered as compensible in the above taking: :dcitional prcrie.^..s related to sight cistance Yroblems for persons exiting the Tilseth driveway during snow removal periods. 2. Restricted use of the existing driveway due to the encroachment of the new right of way line and the resulting 3:1 slope. It will be undesirable and possibly even unsafe to leave an auto standing partially on a 3:1 sloped surface. '- ;re potential hazard of a driver leaving the Tilseth propert} contending with both 50 mile an hour north bound traffic and partially screened vehicles making west to north bound movenents at the Westcott Road intersection. 9. The potential hazard of drivers making west to north bound movements at Wescott Road concentrating on north bound 50 mile traffic not being alert to the close proximity of the Tilseth driveway and the probability of an exiting driver during free right turn manuevers. 5. The addition of a bike and pedestrian path further - complicates the responsibilities placed on a driver exiting and entering the Tilseth property. - 1 - MEMBER- NATIONAL SOCfET1' OF PROFE55lONAL ENC/NEERS • NATION.4L ASSOCIATION OF COUNTY ENCINEERS RMER/CAN tiOK7ET1' O£ C/t'IL ENCfhBERS 0 NATlONAL ACADEMY OF FORENSlC ENCINEERS ; .? 6. The new Right of way encroachment precludes guest parking on the driveway and on the lawn area formerly available to the Tilseths. 7. Based on my past experiences, my knowledge of the general area and the partially developed and unoccuppied residential building in the road service area, it is my professional opinion that traffic counts in and around the Westcott-Pilot Knob Road intersection will exceed 24,000 vehicles per day adjusted daily traffic during the design life of Pilot Knob Road, a period of about 25 years. Some of these problems could be mitigated should the property or.•ner chose to relocate his driveway and garage to the north of the existing dwelling, however, the improvement in providing a safer driveway exiting situation would be negligable. I can find no cause to critize the road plan or the need for the roadways reconstruction. Confinement of the majority of real estate problems to the north east corner of the Wescott-Pilot Knob road intersectio^ appears to be a reasonable choice. A total taking of the real estate under consideration would completely eliminate the potential safety problems mentioned in this report. Deane R. Anklan CC: TYm. Campbell 258 Humbolt Ave. No. Mpls., Mn. 55405 I . ? r STAT6,OF MINNESOTA COUNTY OF DAKOTA The County of DakoCa, Pel:iL-ioner, vs. Ludvick Visnovec, et al., RespondenLs. , DISTRICT COURT FIRST JUDICFAL DISTRICT CourC F11e No. C5-88280 COURT ADMINISTRATOR DAKOTA COUNTY, MI? ' I L E F htAY 6 1988 FINDINGS OF FACT, CONCLUSIONS OF LAW ROGCR W. ?61iS. GLEflK AND ORDER {a?? OT? OfPUTY The MoLions of Respondents, David T1lselh and Carol Tilsethj,,, were brought on for hearing before the undersigned Judge of DistricL Court on the 2nd day of May, 1988. PeCitioner appeared l:hrougli its atLorney, PaLrick A. Farrell, 403 Norwest Bank Building, South St. Paul, Minnesota; Respondenls appeared Lhrougli lheir aLtorney, Michael A. PinoLti, 1700 WesL Highway 36, Roseville, Minnesota. The Court having heard l.he argumenLs of counsel and upon all Lhe files, records and proceedings herein, makes Che following: FINDINGS OF FACT 1. Pursuant Co Minn. SCaI:. § 117.011, eC seg_ Lhe PeCiCioner h.as commenced a condemnal:ion action Lo acquire cerl:ain land described :.Iii.the?`Petition owned by David and Carol Tilseth for a righL-of-way. ' -,- 2. David and Carol Tilseth seek a mandatory injunction requiring Dakota CounLy to comply wiCh Minn. StaC. ChapCer 117. 3.? No evidence has been presenCed I;hat t,he CounCy does no1: intend to comply wilh Minn. StaC. Chapter 117. " --?-- f ? ?..'??? • . ? ?. b..' . r ? ` 4. Aavid and Carol Tilseth seek a WriL of Mandamus requiring the County to compensate Lhem for the damage L-o the remaindgr of the properl:y. " 4. The County has fully complied with Lhe Tilseths' discovery requesl:s. CONCLUSIONS OF LAW 1. The Tilseths have an adequate remedy al: law. 2. The Tilsel.hs are noC entiCled to a Cemporary injunction or Wril: of Mandamus. OADER • 1. 'fhat Respondents' Mol:ion Lo compel discovery is hereby denied. 2. That Respondents' Mot-ion for an injunction is hereby denied. 3. Thal: RespondenLs' Mol.ion for a Writ, of Mandamus is hereby denied. ? Dated: May a9_ . 1988 ? , ? -?' JSd`?? .ge q s ricl: CourL ?• COURT A0ti1I14lSTRA70R ' DAKOTA COUN i I, MINN. ? F 1 1. E ?• ; STATE OF MINNESOTA ' MAY .1 y 1988 COUNTY OF DAKOTA l ?MSM1ES, cLEqK ----------------------Da: EPUIY County of Dakota, Petitioner, -vs- Ludvick Visnovec, et al, Respondents. IN DISTRICT COURT e la'IRST JUDICIAL DISTRICT Fila No. C5-88-280 DI;Z? _ • The above-entitled matter came duly on for hearing on May 18, 1988, before the Honorable Raymond Pavlak, at the Dakota County Government Center, in the City oE Hastings, County of Dakota, State of tiinnesota, upon Respondents David and Carol Tilseth's motion to reconsider this Court's Order, dated May 5, 1988. Michael A. Pinotti, Esq., appeared for Respondents David and Carol Tilseth. Patrick A. Farrell, Esq., appeared for Petitioner. There were no other appearances. Tha Court, having considered the arquments oP counsel; having considered all of the files, records and proceedings herein, and being fully advised in tha premises, now; 9RDERSt 1. That Respondents David and Carol Tilseth's motion to reconsider, be and the same is hereby denied. :., ? , .. , , ..,. Dated this / day of Hay, 1988. ?f BY THE COURT:' 4Ra s??-g?? ?? nd Pavlak , Judqe of District Court -2- 0 City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 FAX # 651-675-5694 Nerr Consiructian ReauiremenLs 3 registe2d site surveys showiig sq. fl. of lot; sq. ft of house; and all roofed areas (20% maximum lot coverage allrnved) 1 Soils Repat'rf proposed huilding is to be placed on disWrbed soil 2 copies of plan showing beam & window sizes; poured found desgn, elc. 1 setof Energy Calculations 3 copies of Tree Pmservatbn PFan H lol platted atter 711/93 Rim Joist Defail Options selection sheet (buildings with 3 or less unifs) Minnegasco mechanipl venfilation form g? Z?n RemodeUReoair Reauirements Office Use.OnN 2 copies of plan shovring footings, beams, joisls Cert of Survey:Rerd _Y `_ N lsetofEnergyCalculationsforheatedadditions SoilsRepoM •: _Y __N 1 site survey foradditlons & decks Tree Pres Plan Reod _Y _ N. Addifion-iridicetelfon-sifesepGcsysfem TreePresReqolred _Y _N OnstteSeptlcSysfem -._Y •_N via.,c arp ?nncir1IPrPrII nuhlir infnrmation unless vou state thev are trade secret and the reason. r^ - Date 1 0 2 Construction Cost pf !(f"f' Site Address ` ?t?-yl/?'?j YY? Unit/Ste # Description of Work Multi-Family Bldg _ Y_ N Ftireplace(s) _ 0_ 1 _ 2 Property Owner (?c?? r?7? ?l I'?E I?il, Telephone #( ) Contractor G/ z 4 f ?? `f'? ?! 7 ? Address A City State wl? Zip 5-rrl;' ?y Telephone # (psl) ' e) 3l9 Cl COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING - Minnesota Rules 7670 Cateeorv 1 _ Minnesota Rules 7672 Energy Code Category Residential Ventilation Category 1 Waksheet • New Energy Code Worksheet (Jsubmissiontype) ? Submitted . Submitted • Energy Envelope Calculations Submitted In the last 12 months, has the City of Eagan issued a permit for a similar plan based on a master plan? _ Y _ N If yes, date and address of master plan: Licensed Plumber Mechanical Contractor Sewer/Water Contractor I hereby apply for a Permit and Telephone #( Telephone #( Telephone # ( the information is complete and accurat e; that the work will be in conformance with the ordinances and codes of the City of Eagan and the State ot MN Statutes; 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. Applicant's Printed Name ApplV#itA i ature 2007RESIDENTIAL BUILDING rExnuT arriacaTioN DO NOT WRITE BELOW THIS LINE Sub Tvpes ? 01 Foundation ? 07 OS-plex ? 13 16-plex ? 20 Pool ? 30 Accessory Bldg ? 02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 31 Ext. Alt - Multi ? 03 Ot of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ? 33 6ct. Ait - SF ? 04 02-plex ? 10 08-plex ? 18 Deck ? 23 Porch (screen/gazebo/pergola) ? 36 Multi Misc. ? OS 03-plex ? 11 10-plex ? 19 Lower Level ? 24 Storm Damage ? 06 04-plex ? 12 12-plex O 25 Miscellaneous Work Tvpes ? 31 New ? 35 Int Improvement ? 38 Demolish Interior ? 44 Siding ? 32 Addition ? 36 Move Building ? 42 Demolish Foundation ? 45 Fire Repair ? 33 Alteralion ? 37 Demolish Building` ? 43 Reroof ? 46 Windows/Doors ? 34 Replacement - `Demolition (Entire Bidg) - Give PCA handout to appliwnt DesCl'iption: WaterDamage_ Yes Valuation Occupancy MCES System Plan Review 100% or 25% Code Edition Census Code Zoning City Water SAC Units Stories Booster Pump # of Units Sq. Ft. PRV # of Bldgs Length Fire Sprinklered Type of Const Width REQUIRED INSPECTIONS _ Footings (new bldg) _ Sheehock _ Footings (deck) _ FinaUC.O. _ Footings (addition) _ FinaUNo C.O. Foundarion HVAC Drain Tile Other Roof Ice & Water Final Pool Ftgs Air/G as'Tesu Final _ Fmming _ Siding _ Stucco Lath _ Stone Lath _Brick Fireplace R.I. Air Test Final _ Windows _ _ _ Insulation _ _ Retauung Wall Approved By: Base Fee Surcharge Plan Review MCIES SAC City SAC Utility Connection Charge S&W Permit & Surcharge Treatment Plant License Search Copies Other Total Building Inspector City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 (651) 675 -5675 www.ci.eagan.mn.us Site Address: 3800 Pilot Knob Rd Lot: 5 Block: 52 Addition: Section 15 PID:10- 01500- 050 -52 Use: Description: Sub Type: e - Fumace & Air Conditioner Work Type: New Description: Fumace & Air Conditioner Comments: Questions regarding electrical perm 952- 445 -2840. Fee Summary: Contractor: Lofgren Heating & Air 5708 Upper 147th St W Suite 102 Apple Valley MN 55124 (952) 431-5811 ME - Permit Fee (Replacements) Surcharge -Fixed Total: Applicant/Permitee: Signature PERMIT City of Eaan - Applicant - Permit Type: Permit Number: Date Issued: Permit Category: equirements should be directed to Mark Anderson, State Electrical Inspector, Owner: David Tilseth 3800 Pilot Knob Rd Eagan MN 55122 $50.00 0801.4088 $0.50 9001.2195 $50.50 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 Issued By: Signature Mechanical EA087543 11/21/2008 ePermit 'IMAGE GE EAGAN WATER SERVICE PERMIT 3/941Pilot Knob Road PERMIT NO.: 1819 Eainn, MN 55122 DATE: 9/3/75 Zoning: A No. of Units: Owner: ntlaviri Ti 1 rotk. h Address: Site Address: 3800 Pilot XNob Road Plumber: _ ._ _.- ea i = =- Meter No.• 241R3 Connection Charge: 140.00 pd Size: S/R Rik Account Deposit: Reader No.: 634546 Permit Fee: 10.00 pd 1 agree to mply with the Village of Eagan Surcharge: • 50 P8 Ordina @ v •Misc. Charges11130 pd horn e ---'-Total: 6.00 pd meter By " Date Paid: Date of Insp.: ' Insp.: VILLAGE OF EAGAN SEWER SERVICE PERMIT 3795 Pilot Knob Road PERMIT NO.: 1 ' Eagan, MN 55122 DATE: Zoning: No. of Units: v Owner: - Address: = Site Address: Plumber: =irJ -:p hr , I agree to comply with the Village of Eagan Connection Charge: 42 1/ Ordinances. Account Deposit: I r,41, Permit Fee: Surcharge: By: Misc. Charges: Date of Insp.: Total. Insp.: ZIMFAVir Date Paid: City of Eaall 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675-5675 Fax: (651) 675-5694 Use BLUE or BLACK Ink For Office Use Permit #: Permit Fee: I Date Received: ? C./76.2 " � 3 Staff: 11 - 2013 RESIDENTIAL BUILDING PERMIT APPLICATION Date: Site Address: Unit #: Resident/ Owner Nam -s /'I V' t i'D - --04- Phone:L/5 --/G `5 ?�� Address / City / Zip: -5/, C° Applicant is: Owner Contractor t ` A T e of Work Yp Description of work: J ' // �° '. ; J t ' A ((, �,C t._; Construction Cost 6 Multi -Family Building: (Yes / No Contractor Company: / Contact: Address: City: State: Zip: Phone: License #: Lead Certificate #: If the project is exempt from lead certification, please explain why: (see Page 3 for additional information) COMPLETE THIS AREA ONLY In the last 12 months, has the City of Eagan issued a permit _Yes No If yes, date and address of master plan: IF CONSTRUCTING A NEW BUILDING for a similar plan based on a master plan? Licensed Plumber: Mechanical Contractor: Sewer & Water Contractor: Phone: Phone: Phone: NOTE: Plans and supporting documents that you the information may be classified as non-public if conclude that submit are considered to be public information. Portions of you provide specific reasons that would permit the City to they are trade secrets. 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. Exterior work authorized by a building permit issued in accordance with the Minne to Stte Building Code must be completed within 180 days of permit issuance. A}Splicant's Printed Name -_/ Applicant's Signature Page 1 of 3 Use BLUE or BLACK Ink r For Office Use 031 ~ Permit City of EaKd 05 Permit Fee: 10~' I 3830 Pilot Knob Road I Eagan MN 55122 I Date Received: / Phone: (651) 675-5675 I I Fax: (651) 675-5694 I Staff: I I I 2014 RESIDENTIAL BUILDING PERMIT APPLICATION Date: Site Address: QQ C 1~ ~JJ y L 1 Unit . Name: S l Phone:~f 17 Resident/ Owner Address / City / 4;~ ~IJ t y'1 l ~ ~ } 1 Applicant is: Owner Contractor ~ d a Type of Work 1 Description of w rke~ (tiJ I' Construction C Multi-Family Building: (Yes / No Company: Contact: Contractor Address: City: State: Zip: Phone: Email: j j I License Lead Certificate If the project is exempt from lead certification, please explain why: (see Page 3 for additional information) 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 Plumber: Phone: Mechanical Contractor: Phone: Sewer & Water Contractor: Phone: NOTE Plans and supporting documents that you submit are considered to be public information. Portions of j the information may be classified as non-public if you provide specific reasons that would permit the City to l conclude that they are trade secrets. 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.oopherstateonecall.org 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. Exterior work authorized by a building permit issued in accordance with the Minnes State uilding Code must be completed within 180 days permit issuance. Applicant's Printed Name ant's Signature Page 1 of 3