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3960 Pilot Knob Rd, ITY OF EAGAN 795 Pilot Knob Road gan, MN 55122 oning: ner: ress: ite Address: umber: eter No.: ? ize: 'Iteader No.: agres to aomplr wifh the City of Eagan Ordinonces. R.. WATER SERVICE PERMIT PERMIT NO.: DATE: . No. of Units: Connection Charge: Account Deposit: _ Permit Fee: Surcharge: Misc. Chorges: - Total: Dnte Paid: Date of insp.: CASH RECEIPT CITY 4F EAGAN 3795 PILOT KNOB RQAD EAGAN. MINNESOTA 55122 DATE 19 RECEIVED FROM l AMOUNT $ ? & DOLLARS ? CASH +oo Q CHECK FOR FUND ?ODE AMOUNT i ? Thank You ? BY i White-Payers Copy Yeliow-Posting Copy Pink-File Copy CITY OF EAGAN Remarks Addition Section 22 Lot Bik Parcel 10 02200 040 27 Owner Street State EAG 1 ( i r ?,L nr I' 4 M M A/!l l ? -40hn U; I"li /1, r I ,I I. j?!i ??Q - Improvement Date Amount Annual Years Payment Receipt Date STREET SUR F. STREET RESTOR. GRADING ^• SAN 5EW TRUNK 1973 $1368. 00 $68.40 20 SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA ?V b?- STORMSEWTRK 1018 1986 7663.5 510.90 15 STORM SEW LAT CURB & GUTTER SIdEWALK STREET LIGHT WATERCONN. 335.00 24271 4-20-81 BUILDING PER. SAC PARK d d7'- /A C - LUd?`!J -4ei--e' /DO ' 27?i /Z °° FF le/5D. f'D l?? rz? ?..Q CITY Or EAGAC' SUBJECT: VARIANCE APPLICANT: GEORGE L. & MIRIAM M NALL LOCATION EXISTING ZONING DATE OF PUBLIC HEARING SW4 OF THE NWq 07 'SEC4,I'0 N' 22'" ) R-1 (RESIDENTIAL SINGLE DISTRICT) JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: JUDY HEALD APPLICATION SUBMITTED: An application has been receivecl for the keep- ing of horses on a 4.50-acre parcel of land zoned R 1.(Residential Single District) located at 3960 Pilot Knob Road 2°7 )lv& CITY CODE REQUIREMENT Section 10.12, Subdivision 2, Keeping, states in part, "It is unlaw- ful for any person to keep or harbor any animal, not in transit, ex- cept (1) farm animals kept in that portion of the City zoned Agricul- tural.and containing no less than five acres." . A horse is defined as a"Farm Animal" Therefore, the applicant needs a variance for the 4.50 acres of land as well as the R-1 zoning, It should be noted, however, the City Code does not limit the number of horses per parcel or the distance the horses will be kept from the property line. Since staff has been receiving other inquiries about the number of horses allowed per acre, perhaps the Advisory Planning Commission would want to limit the number per acre or per application. The Planning Commission may also want to look at the distance the horses will be pastured or stabled from the property line. COMMENTS The applicants are gresently owners of the property but are requesting the variance for the occupants of the site. The applicants have stat- ed there will be 3 horses housed on the site which will be cared for by the occupants. As can be seen on the applicant's site plan, the proposed fenced-in area for the keeping of the horses will be on the north side of the property which will be adjacent another large, unplatted parcel, and to the west, County Road 31 (Pilot Knob Road). The block marked "SHED" CITY OF EAGAN VARIANCE - GEORGE L. & MIRIAM M NALL JANUARY 24, 1984 PAGE TWO will house the horses. If approved, the uariance shall be subject to the following condi- tions: 1) There shall be no more than 3 horses stabled on the site. 2) No other farm animals as defined in Sectiori 10.12 shall be allowed. 3) No commercial or home occupation shall be permitted in con- nection with the keeping of the horses. 4) Fencing shall be subject to the requirements of the City Code. 5) All other applicable ordinances shall be complied with. jach `Y 7 .?; . :C ' J ? t - i ___..._- t ...1 ' LC ? VIC'co _. !?I w DIO • ,_ . Cirlc CeMer •H• i • . . ( Z , ' . . i ?. : .. ; {., . . . .. ? . ? 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IRI.M t .. . _ f. . ? } ? ^ . - , i.• . . . . . . . ` ? ? ? I ? ? I Z . .. .. . . - . .. . . . . ' . ' .. . . . ? ? .. ? _ - . , . 0 CTO V D•A E, . , ? ?. . • ? ? _ .. . '? .? . . . . . - ' ? .- .. ? ? . ' . - ;;. . . . . , . ? .. - . .. . . . , EERWOOD - DRtVE _ ? _D dp A R 2? E , ? ;; • A _ R-3 FI ? i! HALY R _ R-i ? R-i- ? ? I PF SUBJ PARCE K PF ?- 77- ? A A SK ?. AD o .-? ? i -- n - / ? ' ??? .J 1 Y` \` 1? ' l,'. (\ ? V.V .??Y ?V: ? ?? ,`? ? I 1 ?1?.:^?J ?}y ? .'4?Yi`?i? ,yf.Ye ? ?riC `./tl.l:? • ?'`M,( ? / Q : ? . ?\.Y?l.?. ?.?• ' v j ? /? . ? - ?? I ?•.k?-li ? . ?lu / m o A l ?t1. YLl?.: ' `,? ?'1V 4 • yi • e 'V,'• A ? r ?•? .? ?:Y????? .•ST ? Q P D a O KNO?-'F4I L PF ??[ Q' A HILLTO R EAGAN ? A # 30? PF a Q r i-, A J THOMI}S Y - Q IHEIG U) "OOL , P F .? • it ? ? `I - ; y: • - ,:?.,.: ?.- . ,. . . ( ??? ?• ? ? .? . ., -- SAC 10/9/84 IV. NEW BllSINESS - Pendin Assessment Review A. PROIECT 411. PATRICK EAGAN TRUNK STORM SEWER 1. George & Mirian Nall ,(10_02 200=040=2 9_) BACKGROUND INFORMATION On July 17, the pu6lic hearing was held for Project 411 which provides for the trunk storm sewer outlet for Patrick Eagan Park and the ponds within the future Birch Park Addition located immediately east of the Nall property. Enclosed on pagec? / is the letter submitted by George and Mirian [Vall requesting consideration by the Special Assessment Committee. Enclosed on page_.Zg, is the preliminary assessment roll prepared for this property which shows the total area of the lot, the credit applied for future right of -way and the net assessa6le area. Mr. and Mrs• Nall are objecting to the City's special assessment policy which provides for a"large lot" credit which is applied to those parcels zoned agricultural/single-family, less than 5 acres in size and homesteaded. While the property owned by Mr. and Mrs. [dall fits the first two criteria of the policy, it is presently not homesteaded. The "large lot" policy would have provided that only the first 16,500 square feet of each acre be assessed at the current rate. If Mr. and Mrs. Nall had qualified for this "large lot" assessment policy, their pending assessment would have totaled $2,972.00 instead of the proposed $6,282.00. The "large lot" policy was adopted 6y the City to provide credits to those people who live on tracts of land less than five acres in size, taking into consideration the low probability of their ever dividing such a sma11 piece of property for development purposes. In addition, the City Council required that the property be homesteaded to protect the credit only for those owner- occupied situations and not to 6e appLied to investment-type property. Enclosed on page 7, is a map showing the location of this property located just east of Pilot Knob Road. Enclosed on page?l is a topographic overview of this property. '°T An additional objection by the Na11s pertains to the fact that no credit was given for the ponding area located to the east of their property and the rugged topography over the eastern half of their property which would hinder the feasibility of this property being developed. The ponding area on the eastern portion of their property is not necessary for the City's comprehensive storm sewer plan and would be allowed to be eliminated and filled through future development. The present elevation of the ponding area is approximately 50 feet below the elevation of the existing house. STAFF RECOMMENDATION After reviewing the topography, the configuration and existing and proposed future developmen[ of the property surrounding this parcel, it is highLy unlikely that this 4-acre parcel would ever be subdivided. The cost to eliminate the ponding area by importing the required amount of fill plus the apparent inability to create a sufficient number of Lots through a subdivi- sion to justify the costs associated with public improvements, it is the / ( 1. George & Mirian Nall (10-02200-040-27) (continued) staff's recommendation that this parcel be classified as a"large lot" and be given the appropriate credits. COMMITTEE RECOMMENDATIONS/COMMENTS 2 0 ?dr C 'E`9`51 UU,a tjy o r.A?Ld y\? W k`F S-F-r?'? o,..,. a--a- b LL, v' a'7 arv h-?- ra. c-oy,,s C45 S-o.ss m?-?- L-? "`-L-I+ Q-Q. . w ? ?f-?. ?-?•?. S -? cg-o aLg r., cvci,Y v-1 ?S ?S?ssw.?-.?-?- ?1-?^'?ou-,?. p ? ?, PRELIMINARY ASSESSMENT ROLL APPENDIX S PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PRO.IECT N0. 411 Parcel Area Credit Assessable Total Deacription (sq.ft.) (sq.ft.) Area (sq.ft.) Rate Assessment NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. $743/Ac. $ 2,890 011-04 1,873,080 Pond 91,476 1,425,284 $0.045/s.f, 64,138 Future R/W(20%) 356,320 ToTAL $67,028 NW 1/4, SECTION 22 012-26 - Eagan 771,184 Future R/W(207<) 616,948 $0.045/s.f. $27,763 154,236 013-26 - Eagan 435,600 Future R/W(20%) 345,480 $0.045/s.f. 15,682 87,120 014-26 - Dak. Co. 370,260 --- 370,260 $0.045/s.f. 16,662 010-27 188,740 Future R/W(20%) 150,992 $0.045/s.f. 6,795 37,748 020-27 200,000 Future R/W(20%)' 160,000 $0.045/s.f. 7,200 40,000 030-27 113,076 --- 113,076 $0.045/s.f, 5,088 --? 040-27 174,492; Future R/W(20%) 139,594 $0.045/s.f. 6,282 c, 8 TOTAL $85,472 Page 7. 1560c zz v/o 'Cirlc Canter sIte y ? f) ----" I DocN?p3gg33q? S /(pZV pA x. y ` ;o ia ? I ly ?. m ?Y O Z II ?•W H 0i a Jih a,l I?vI City d Eaqon ? 013-26 ?MF P/o , Clvit ClMBr DI}! 1 !ti Ft, No. ? --- Q10' 27 I 040-Z7 1 6 / 020'CJ . ?.P ?l 4 b c?'a'-•- i .= " -? ? - Y 030-V// ? ? .,- .=..- ?s. . . 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I ' / '? '8Pp-?? '? ? • J? ? . ''^////,.?ye???vR'1??\? '/ /' , ? I.?\??JJ '/.I+?\, _ ?' ? ?,\? , / / City of Eagan 3795 Pilot Knob Road Eagan, FW 55122 Date: June 21, 1979 Paul Hauge 3908 Sibley Mem. Hwy. Eagan, hAi 55122 SPECIAL ASSESSD1fiYT SEAFCN RE: io 02200 aao 27 Enclosed herein is the search which you requested made on the above described property: Kin o Irprovement Runs Beginning Original L^ount Balance Due San Sew Trk 20 1973 1368.00 889.20 I further certify that according to the records of said office, the following improvements are contemplated or pending after having been approved, and are now in the process of planning or coacpletion. Kin o Improvement Approximate date o Coripletion Approximate Cost NONE WAIVER: Nei:her the City of Eagan nor its employees guarantees the accuracy of the ahove information which was requested by the person or persons indicated. Nor does the City of its er.ipioyees assume any liability for the correctness thereof. In consideration for the supplying of the indicated information in the above foxin, and for all other consideration of any nature whatsoever, any clain against the City of its employees rising there from is hereby expressly waived. Levied assessments to be paid to the County Auditor at Hastings, l4inresota 55033. Very truly yours, SPECIAL ASSESSftENT DEPARTMENT ? ?ol. .- ? ? • W7SII47sR G? HEF.£2IttG FLQUF.ST FQF. L'TILITY Ih1PROVE4FNTS =r4n hcreby request of the City Council. City of Mgan. l:Lzae:cta, utility improvements on and over pmperty oc•.-ne3 by M?/+.eo as xol.lc-r:s: (Mer*..;en tyFe of iTpsovement, e.g. water, esanitary seuv., etc.) Watermain lateral and water area (3960 Pilot Knob Road, Eagan 55122) 5"ue loaation of R3j.C1 utility improvements ehall bo genors:i.27 a3 &L.r"_ Total assessment $820.00 '_ Parcel # 10 02200 040 27j Water Area 1 acre $770.00 Water Lateral 100 Feet at $12:00 1200.00 Total 1970.00 CREDIT FOR STUBBING: 1150.00 credit I/sl: Lereby waive notice of any and all hearings necessary Cor tFa 3nstallat3ort of eai8 tnprovcments and further mnsent to aLnY as,ee:?•?y:?•s . necas3a=31y lecied by tlie City of Faqzn for such iaprorements. I/tF:e further ayrfle M grant to the City of Eaqan any easenr,lts r....:.:s- sary for the installation of such improvementa. It is £urther understood that this request shall be reviewe3 Y+y the Ciip Council of The City of Fagan or its agent and I/We will be g1vEn reasonable notice as to whether thia request is possible tmcter prescnL• utility plarning as to timing, locatinn, etc. Cated: April 20, 1981 a?Q 9- ? ? Sigaature 3Q6a P? Idt Kvtdb F,dd;:ess Recraes` acCegted byl?? Date ;-- /-7 - C:ty of Eagan Request referred to City Adminietrator: Date • Cbpies: 1. City Administrator 2. Applicant ,. ? • . p, CQra7RACtING irsc. ? . ? -? P.o.? nx rr??.5 ? CSicO, iri1?1 ..55'S9 i..•,? '. Phona: 427 -Iji?30 SiATEMENT ? ? G?dr?e N??L ?I 3c,?,cj P?Lc)t V,)c)6 Rd L - J ...??une. ?OVP GpCCLL? ?{CR V YOV111?6C[I?T. SO' ? ? 0 oF 3830 PILOT KNOB ROAD, P.O. BOX 27199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 October 8, 1985 GEORGE & MIRIAM NALL 3960 PILOT KNOB ROAD EAGAN MN 55122 Re: Project No. 411, Birch Park Trunk Storm Sewer Special Assessment - Agreement Parcel-#10-02Z00=040-27 - Dear Mr. & Mrs. Nall: BEA BLOM9UIST Mayor THOMASEGAN JAME$ A. $MITH JERRY THOMAS THEODORE WACHTER CwncJ Members THOMAS HEDGES CHy Amniniatrata EUGENE VAN OVERBEKE CM Clerk As you may recall, on October 1, 1984, the Special Assessment Committee met to review your concerns pertaining to the proposed trunk area storm sewer assessments for the above-referenced parcel. Your concern pertained to the City's policy whereby your parcel did not qualify for the "large lot" credit due to the fact that it is not homesteaded. The Committee's recommendation, which was reaffirmed by Council action on September 17, provided you with an opportunity to receive this "large lot" credit substantially reducing your proposed trunk area storm sewer assessment from $7,663.50 to $2,895.75 on the condition that you execute the attached agreement. Also on September 17, 1985, the final assessment hearing was held for the above-referenced project and the final assessment roll was prepared on the basis that no "large lot" credit was applied to your parcel due to the lack of the executed agreement. While you have expresse3 objections and concerns pertaining to certain wording contained within that document, the Council reviewed your concerns and the document itself in detail and reaffiimed its content without any modifications. However, while the City Council adopted the final assessments for Project 411 and your parcel without the "large lot" credit, it did provide you an opportunity to execute the agreement within 30 days (October 17) to have the agreement executed, notarized and returned to my attention. Upon receipt of the executed agreement within that 30-day time frame, the City would then revise the adopted final assessment roll to provide the referenced credit thereby reducing the amount of your assessments. THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIIY MR & MRS GEORGE NALL PAGE 2 Th.is letter is meant to clarify the Council's action and to remind you of the deadline for the submission of the executed agreement. Three copies of that agreement are attached for your reference. Please siqn and notarize all three copies and return them to mv attention as soon as possible. One fully executed copy will be returned to you for your files. Because of the short time frames involved, if any of the technical information is incorrect (name, address, legal description, etc.), please cross out that item and provide the correct information and initial each change. If necessary, a revised formal agreement will be prepared to be reexecuted for recording at the County. If you have any questions regarding the City's actions pertaining to your assessments, please feel free to contact me for further clarification and direction. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Gene VanOverbeke, Director of Finance Paul Hauge, City Attorney Enclosure Gez ? ?? ?? ?'JQ?-??/ r,/ rv7. ?Ge Q?Je'Jl i'+iPn f /0<1 . b-'GQ-vpi `? eXeo..f-t 6 a.j J PfJ ^^-2n/?? R i CITY OF EAGAN ASSESSMENT AGREEMENT PROJECT NO. 411 THIS AGREEMENT dated this 17th day of September, 1985, between the CITY OF EAGAN, (called City), and GEORGE LE ROY NALL and MARIAM MARY NALL, husband and wife, (called Owners) of 4223 Sequoia Drive, Eagan, Minnesota 55122; WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota owned by Owner: See Exhibit "A" attached. for the following improvements pursuant to City Project #411: Patrick Eagan Park/Birch Park Addition trunk storm sewer. WHEREAS, such assessments would normally be based upon the present zoning classification of said premises, that is, Agricultural; and 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 Agricultural at the rates now in existence for property so zoned, according to the Eagan large lot policy for special assessment purposes, based upon an assessment of no more than 16,500 square feet per gross acre. 2. The Owner agrees for themselves, their heirs, executors, administrators, successors, and assigns, that in the event that the actual use of the property is changed in the future, or in the event of subdivision or development of the property, then in that event 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 themselves, their heirs, executors, administrators, successors and assigns, further 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 -1- proceedings related thereto and waives the right to appeal such assessments. 4. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the Owner shall execute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner's Duplicate Certificate of Title to the affected lands if necessary. 5. The undersigned agrees that this agreement shall run with the affected lana and binds the heirs, successors and assigns of such land. ; 6. The undersigned heirs, successors and assigns of such land, includes all of the persons, firms or corporation that hold an interest in the assessed land and the reapportioned land described above, including the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option or otherwise. The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER George LeRoy Nall Mariam Mary Nall Raymond Kotschevar Dorine Kotschevar This Document Drafted ey: Hauge, Smith & Eide, P.A. CITY OF EAGAN By: Attest: Its Mayor Its Cler APPROVED: Public Works Director EXEMPT FROM STATE DEED TAX -2- STATE OF MINNESOTA) )SS. COUNTY OF DAKOTA ) On this day of Notary Public within and for said George LeRoy Nall and Mariam Mary to be the personsdescribed in and instrument and acknowledged that as his and her free act and deed. , 1985, before me a County, personally appeared Nall to me personally known who executed the foregoing ie and she executed the same (SEAL) STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared Raymond Kotschevar and Dorine Kotschevar to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that he and she executed the same as his and her free act and deed. (SEAL) -3- EXHIBIT "A" TAX PARCEL 10-02200-040-27 described as follows: That part of the southwest quarter of the northwest quarter commencing 532.6 feet south of the northwest corner, thence south to the intersection of the north line of Skovdale extended west to west line of the northwest quarter. Thence east on said north line to a point 624 feet west of the east line of the southwest quarter of the northwest quarter. Thence north 180 feet, Thence northwest to the point of beginning on the west line of the northwest quarter. All being located in section 22, township 27, range 23 of Dakota County. WAIVER OF HEARIYG N0. 00280 CITY PROJECT N0. 466 Special Assessment Authorization I/We hereby request and authorize the City of Eagan, MN (Dakota County) to assess the following described property owned by me/us: Parcel 1110-02200-040-27 located in the southwest quarter of the northwest quarter of Section 22, Township 27N Range 23W in the City of Eagan, Dakota County,.Minnesota, for the benefit received from the following improvements: IT? QUANTITY RATE AMOUNT PROJECT Storm Sewer Lateral Approximate lump sum $5,775.00 466 (See attached sheet for cost breakdown or estimate) Final costs will be determined when Pilot Knob Road Projeet lk466 will be assessed. TOTAL $5,775.00 to be spread over 5 years at an annual interest rate of 9% against any remaining unpaid balanees. The undersigned, for themselves, their heirs, executors, administratorst successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. Dated: September 19, 1988 State of Minnesota County of Dakota GR D VELUP C . ss. B Its: On this 79th day OFSPn}pmhE+r , 19?La, before me, a notary within and for said County personally appeared Thomas J. ra am x?KaFx to me personally lmown, who being each by me duly sworn fie did say that they are respectively the President and the Treasnrar of Graham Development Co. the corporation named in the forer5oing instrument, and that the seal affixed to said instrument is the corgorate seal of said corporation, and that sai.d instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Thomas J. Graham aRc: acknowledged said instrument to 6e the free act and deed of sa3d corporation. Effzlelr dA c/Zofland 4k,;y NOrANOY.A COUNTysw• My commission expiree Dea 2, 1990 ! Notary Public County Anoka /o oa3oo 0le a7 ` Gi'k,/ o+ Eagan SpFcial ltisse<_.cmFnt Committee Eaqan, MN 551 ^c3 Ladies & Gentlemen: I wi sh tc have a recon=_.i dera# i on crt the doeument t i tl -ed "As=.essmEnt Ayreement Froj-rct 411". The G•aording a+ the drycument is incon=_.istEnt with the previous board recommEndatiom as per meeting af 10/9t84. F±t the meEting the nnly aprFement #hat uaa=_. _.tated bEtween the committee and the ou,ir?er, h1i r i am hJal 1, t+JdS f.hat the 1 and woul d be assESSed at the " 1arqE 1rit" 1 cnwer rmte un1 ess i n the future i t was devel oped i nto a devrlooment. It i,,ias aar?Ed ±hat this iunuld,Ce rrcorded at the Dakota CoUfity rFC-Drd5. Apparentl?' thrr-e was a number o+ things as-.umed by the committee and the ouaner that wEre not discussed. The nqreEment which the c i±.; wants the owner tn =.1 yfi pu#=_ a qrFat 1Eal mc,re restr i c t i ons on the property and nor:e of the=e i tem=_. werE ?ven brcuyht up at the Frevious meEting. There aru ma.ny thirtqs thE owner does not a.grEe wi th and di d no± consent to at the meEt i ng. P.e+er•ences to =pecific c,b,iections are as follouis: fcopy attached? It is stated tha± the present zoning is agrirultural. It is not--it shauld be sinqle +amiln cowsiriy. DccumEnt item #2--This item will makE it very difficult t.o develap the land if the possiGility does presen# itself. Fu±ure assee.sment=, raLtes, levies are totally at the drscre±ion c,f the as_.es=ment revi eui banrd operrit i ng at that t ime. bJe request a specific amount be inserted to shoui the ex,ct additinnal amount asses=.ed in the event a developmEnt was exEtuted. It is stated tha# the "iarae 7ot" asse=.sment is $2,Y72 versu= the square footnge ass•essment of $6282--a. di4+erEnce of $3,310 v,fiich woutd be paid at the tirne c,f develoGmEnt. UotumFnt it-em #3--l,ie do not feel we should Ce =ingled out and "not he notifiEd of future a=sessments and have a right to appeal the e.ame . D}cument item #4--We do nat believE the documEnts rEtrrred ta in this patragraph shauld GE at our ev,pense. Since the document is buiny reqursted by the city it should bE their rECOrding FxpensE. If these items are not tlear or need m irior ad,iue.tments, we would Ce happ;: to discu=s them with you by telephanE or personally , We appreciate vou cc,nsidEration af our previous ;ppehl and belieye these rEquESted change= may brinq aGout an aqreement abaut this a4sessment. Thank you, C? CITY OF EAGAN ASSESSMENT AGREE;fENT PROJECT N0. 471 THIS AGREEMENT dated this day of October, 1984, between the CITY OF EAGAN, (called City), and GEORGE LeROY NALL and MIRIAM MARY NALL, husband and wife, (called Owners) of 4223 Sequoia Drive, Eagan, Minnesota 55122; WHERLAS, the City proposes to assess the following deseribed premises in Dakota County, Minnesota owned by Owner: See Fxh=bit "All atta^_hed. for the foliowing improvements pursuant to City Project #411: Patrick Eagan Park/Birch Park Addition trunk storm sewer. WHEREAS, such asseasments would normally.be based upon the present zoning elassification of said premises, that is, Agricultural; and NOW TIiEREFORE, upon consideration of the mutual covenants herein, the parties agree as follous: 1• The City agrees to assess said property for the Pro3eet and purposes described above as if it were zoned Agricultural at the rates now in existence for property so zoned, according to the Eagan large Iot policy for special assessment purposes, based upon an assassment of no more than 16,500 square feet per gross aere. Z• The Owner agrees for themselves, their heirs, executors, administrators, successors, and assigns, that in the event that the actual use of the property is changed in the future, or in the event of subdivision or development of the property, then in that event the City may reassess or levy a supplemental assessment at sueh time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessmenC rates, according to City policy, in effect at such future tlme. 3. The OWner, for themselves, thelr heirs, executors, administra'tors, successors and assigns, further 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. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the owner shall execute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner's Duplicate Certificate of Title to the affected lands if necessary. 5. The undersigned agrees that this agreement shall run with the affected land and binds the heirs, successors and assigns of such land. 6. The undersigned heirs, successors and assigns of such land, includes all of the persons, firms or corporation that hold an interest in the assessed land and the reapportioned land described above, ineluding the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option or otherwise. The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. • OWNER George I,eRoy Nall CITY OF EAGAN By: Its Mayor Miriam Mary Nall This Document Drafted By_ Haug ge, Smith & F.ide, P.A. 3908 Sibley Menorial Highway Eagan, Minnesota 55122 Attest: Its Clerk APPROVED: Public Works Director EREMF'T FROM STATE DEC•,D TAX 2 STATE OF MINNESOTA) ) ss. CITY ACKNONLEDCEMENT COUNTY OF DAKOTA ) On this day of , 1984, before me a Notary Publie withln and for said County, personally appeared BEATTA BLOMQUIST and EUGENG VAIOVERBEKE to me personally known, who being each by me duly sworn, eaeh 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 6ehalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed cf suid municipality. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Notary Public PERSONAL ACKNOWLEDGEMENT On this day of , 1984, before me a Notary Public within and for said County, personally appeared CEORGE LeROY NALL and MIRIAM MARY NALL, husband anA uife, to me known to be the persons described in and.who executed the foregoing instrument and acknowledged that they executed the same as their free aet and deed. Notary Public 3 EXHIBIT "A" The Sou[hwes[ One-quarter (SWk) of the Northwest One-quarter (NWIt) of Section 22, Toanship 27, Range 23, Dakota County, Minnesota, except those parta there- of described as follocas; A. Skovdale. B. Skovdale No. 2. C. IIeginning at a point on the West line of the Std? of.the r'W? of Sec[ion 22, Tcwnship 27, Range 23, said point being 165 feet South of thc Northwest corncr thercof, sald point also being the Sou*_hwes[erly corncr of Skovdalc P:o. 2 as pla[[ed, thence can[inuing South along the West linc of eaid Quarter Qunrter 367.6 feet, thence South 77°07' East 573.7 fect, thence North 325 feet to the SouCheast corner of Lot 2, Skovdale No. 2, thence North 73°00` West along the Soutlierly line of Skovdale No. 2, 584.67 feet to the point of beginning, con- taining 4.44 acres, more or less. D. All [hat par[ of the 547'4 of the NSdk of Section 22, Townsliip 27, RanTe 23, described as follows; Beginning at the Southeast corner of Lot 5, Skovdalc n'o. 2; thence tior[hwes[erly along the Southerly line of Lots 5, 4 and 3 of said Skovdale No. 2, a distance of 802.37 feet; thence South along a line ttiat forms an included angle of 73°44' with the last described line a distance of 325 fee[, [hence Southeasterly along a line which forms an included angle of 101°57' wi[h the last described line a distance.af 143.8 feet; thence deflect to [he left 11°49' a dis[ance of 628.2 feet to the East line of said Quarter Section; thence North along said East line 132.8 feet to the point of beginn- ing, containing 4.3 acres, more.or less. E. The !dorth 180 feet of the South 620 feet of the East 624 fee[ of the SW!; of the Md?;, of Sec[ion 22, Township 27, Range 23, containing 2.6 acres, more or less.