4205 Pilot Knob RdCITY OF EAGAN
OFFICE INFORMATION MEMO
TO DATE TIME
?? J N V
FFlOM OP
PHONE NO. RECEIVED BV
H Was here to see you WI II call agaln
Please call Returned your call
ACTION REMAHKSIMESSAGES
Review and tea me
Revlew and comment
Prepare reply for my sfg.
Reply and sentl me copy
For your approval
For your Iniormatlon
For slgnature
As we discussetl
As you requested
Taka approprlate actlOn
Notify staff
FILE I 1 DISPOSE 11 I I OVER
PHOTOCOPY:
ONE SIDE ONLY COLLATE
NO.OF COPIES HEAD TO MEAD STAPLE
D TE NEEDED HEAD TO FOOT Othar
TYPING:
ROUGH DRAFT RUSH
DATE NEEOED SINGLE SPACE FINAL COPY
DOUBLESPACE CARBONS
C1'f1l OF EAOAN WATER SERVI CE PERMIT
3795 pP, Knob Rood PERMIT NO.:
Eagar?, MW 55122
DATE:
Zoning:
No, of Units:
Owner;
Address:
?,?st
AJl ?
Site Address: .
. ??f cn
Plumber:
Meter No.:
Connection Charge
::'. I' -
Size:
Account DePosit:
Reader No.: Permit Fee:
I agree to eomply wiEh fhe City of Eagan Surchorge:
>-j
?ol
Ordinances. Misc. Charges:
B
Y Total:
Dote of Insp.: _ Date Paid:
Insp„
CITY .OF EAGAN
3795 iilot Knob Road
Engan. M1 55122
Zoning: _
Owner:
Address:
Site Address:
Plumber:
SEWER SERVICE PERMI'f
PERMIT NO.: ,.DATE: - q r ?•, ?,
- No. of Units:
1 agree to eompiy with Nhe City of Eagon
Ordinances.
Bv
Dote of Insp.:
Inm_r
Connettion Charge:
Account Deposit:
Permit Fee: -
$urcharge:
Misc. Charges:
Total:
Date Paid:
?r;` ;?-•:,
......:?:
CASH RECEIPT
CITY OF EAGAN
3795 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122
DA7E
RCCEI V ED
FROM
19
AMOUNT $ I
OOLLARS
+oo
E] CASH ? CHECK
BY
NUMERICAL FILE COPY
CITY OF EAGAN
8795 Pilot Knob Road Ea9on, MN 55122
PHOME: 454-8100
BUILDING PERMIT +, t; ;Y). Receipt
Ts 6o ueed ier Gara''E Fd Vnlijn DeYe AU
N! 4962
11522
t _ -31' . 19 ? ?
Sih Address 4205 Eilot Ktiob Rd.
Lot Blxk Sec/Sub. CBrlsoTl ACre8
Pa?) #
oWc Nome !tin1ter Nelson
? =i25 t'il?t ?tinnta F.d.
Address
Ci 1. -agan Phone 4 54- 1385 Erect
qlter
Rapair
Enlarge
Move
Demolish
Grnde ? x
?
?
Q
?
?
? Occuponcy
Zoning
Fire Zone 3
Type of Const. v
# Stories
30
Front ft.
Depth ft.
? Nome Appw vob Feas
o
o? ?m?
Assessment
PeRnit • '
u Woter & Sew. Surcharge
~ G Phone
Polioe Plon check
?
?W Na? Fire SAC
?? Address Eny. Wuter Conn.
tW Ci phone Planner Water Meter
Council
I hereby ocknowledge that I hove read this applicotion and state thet gldg. Off.
the information is corcect end egree to comply with all applicable 14.50
5tote of Minnesota Stotutes nnd City of Eogan Ordinances. APC Totol
Signature of Permittee
A Building Permit is issued to: on the express condition that
oll work shall be done in ocwrdance with all applicable State of Minnesota Stotutes and Ciry of Eagon Ordinances.
Building Official
Pamk # Oah hwad PvsIMM
Plumbing
Mechanical
`1
INSPECTIOIVS DATE ItrSP, R???n Finol
Footings Date Insp. Dats Insp.
Foundotion Plumbing
Frame/ins. Mechanical
FinCl
Remarks:
CITYOFEAGAN Remarks6 - -??-?,)
Addition CARLSON ACRES Lpt 4 Blk
Owner -' ? Street 4205 PflOt KriOb Rodd
5tate Fagan, MN 55122
Improvement Date Amount Annual Years Payment Receipt Date
STREET SURF.
STREET RESTOR.
GRAOING
SAN SEW TRUNK Z-L 1973 175.00 8.75 20 Paid
5EWER LATERAL t 10-4-77
WATERMAIN
WATER LATERAL _?5 1977 2415.00 241,50 ZO 10-4-77
AREA 1977 160.00 10.66 15 10-4-77
SEW TRK 0 19$
STORM SEW LAT
CURB & GUTTER
SIOEWALK
STREET LIGHT
-
-
WATER CONN.
93000
7869 TU-
-77
23
BUILDING PER.
SAC 475.UU - -
PARK
?,?,?. -?? g,tL•8,? 5 D? a?.ta?i?!?`'.?'.?-G ?.a?.-t?. .?y ?..-..?..stt?ti. ?%a?ri.
CITY OP EAGAN
t 9795 Pilot Knob Road Eagaa, MN 55122 N2 4962
f PHONE: 454-6100
11522
BUILDING PERMIT APPLICATION
000
9 Re?ipt #.
.
$
,
To be used for Garage Est , Va?ue p,?e August 31, ? ?y 78
Site Addreu 4205 Bilot Knob Rd. Erect ?X Occupancy J
l.or 4 siock Sec/Sub. Carlson Acres Airer ? Zoning Rl
Repalr ? 3
Fire Zone
Po?l #
Enlarge ? Type of Const. V
m Nome Walter Nelson Move ? # Stories
; ?d? 4205 Pilot Knob Rd. Demolish ? Front 30 h.
o . Eagan 454-138 Grade ? Depth 40 ff.
C phone
Aeermels Fees
p Name_
Address
1" hw.
Name
I hereby acknowledge that I have reod this application and state thot
the information is corred and ugree ro comply with all npplfcuble
StaM of Minnesata Smtutes pnd iry of Eagan Ord'
St9nature of Permittee .0 ?
Assessment _
Wnter & Sew.
Police -
Fire
Eng.
Planner _
Council -
Bldg. Off. _
APC
Permif jv.vv _
Surcharge 4.50
Plan check
SAC
Water Conn.
Woter Meter
Total 34.50
A Building Permit is issued to: Wal tEx NEl sOA on the express condition thot
oll work shall be done in o r,dpnce wLh II ppliwble State of Minnewta Statutes and City of Eagan Ordirwnces.
Bullding Official
EAGAN
Owner .?'.Y..Y
Address (pzesenf
B
ild A
u
er - ------
Address .... ..... _..
TOi6i/N S H, il a $
.? ?
24?3
PERMiT Jf,?)?..?
__..... Eagan Township
,./..ef _--...
DESCAIPTION
Town Hall
Daie /!3___........
i /
/
Siorias To Be Used For Froni I Depih Heighl Esi. Cosl- Permii Fee Remarka
LOCATION
Siseel, Road or o! _Dascripiion of Locatioa Loi Block Addiiion or Trecf
_ _
This penni does not auihorise the useD of t?eels, roads, alleps or sidewalks nor does iY give the owner or his agent
the =igh! cxeafe any siiualion which is a nuisance or which presenls a hazard !o the healih, safety, eonvenienee and
qeneral welfare io anyone in the communiSy.
THIS PERMIT MUST B 7 ? N E?? E}?MISE WHILE THE WORK IS IN PAOGA/E?g S.
Thia is fo certify, ihaf..E(.???..... . .......?2"'==.?"-,?4-.Z.._.....___has permissioa So erecf a?.. 4...-?:?.'.. .... .' ''.....'...'._upon
the above described emise sub"ec1 o?-ihe pxovisions of the Building Ordinance for Eagan Township dopied April 11,
1955.
...-?S.J..?L?y??_
--. ee .... ..-._-'--'--......_..........--"-_'-...--°----------...------------ ..................
of Town? xd Suilding Inspecfor
BUILDING
EAGAN TOWNSHIP
BUILDING PERMIT
Owner -...................................
Addreu (Presen!) .....s:1....<?-............
Suilder
Addreas
N° 2182
Eagan Township
zoWn xen
ne:a .... y?? ?---------- .............
Stories To Be Used For Fzon! Depfh Heighf Est. Cosf prermit Fee Aemarks
ae-,--? 7 =='
LOCATION
Sireet, Road or olhes Desasipfion of Loea2ion I Lo! Slack I aaaiaon or -rract
Thia permit doea not avihorize the use of alreefs, roads, alleys os sidewalks nos does it give the ownes or his agent
the right fo ereafe anp ailuation whieh is a nuisenoe oz whieh presenls a hasasd !o the healSh, safefy, conveaience and
ganesal welfasa !o anpone in the eommuniiy.
THIS PERMIT MUST BE KEPT ON THE PAEMISE WHILE THE WOAIC IS IN PROGAESS. /
l.'..... . ?
This ie !o cerlifq. ........................... has permission !o eree! ..... ---?-- ....--.. _ upon
!he above deseribed psemise subject fo the provisioas ot the Building Oxdinance fos Eagan Townshi fed April 11,
1955. ? ? ? J
f'°"_?
...... __...-?-- p ------r----?-----..-------............._...............
......... .... ..........? ? ..-------."--•"----. Per ............. i
Chazr n o! Tnwn Board Building Tnspeefor
G . 'a,
EACA1v1 '1'OWN 5 H I P
BLJILDING PERMIT
Owne= ...... -Zlddl.-s.i..?Za-...?-.,.?------'----------"-
Address (Preseni) --- 9 --'------'--'---"-
Huildez
Address ..---......._...-----"---- .................-`-'----'-----..
DESCRIPTION
N° 1.095
Eagan Township
Town Hall
Dafe ........ ..............
.
Siories To Be Used For £roni Depih Heighi Est. Cosf Permi! Fee Remerks
LOCATION
Sireei. Road or oiher Descr3pi3on ot Locaifon I Loi I 131oex I aaamon or -rracs
41 1 tet',-?
This permit does noi aulhorize the use of sireeis, roads, alleys or sidewalks nor does it give the owner or his agenf
the sigh! !o creafe any sifuation which is a nuisance or which pxesenfs a hasard to the health, safely, convenience and
general welfare to anyoae m the coinmunily. .
THIS PEAMIT MUST BE KEP?TO?N? THE PR?EMISE WHILE THE WORK IS IN PAOGRESS.
a....__?."---_-_--...... ?_- upon
'-''- " ..............
This is So cerlify. !ha!_------------------------- haspe:mission fo erec! '
the ebove desaribed premise subject !o the provisions of the Building Ordinance for Ea an Town hip a pfed April 11,
1955.
.................................ti:-c.:S:'?.f/?`r4.:`c..,-r«.. . Per ..... '....... _---°........
..
...............
Chairman of Tnwn Board +? Suilding Inspecios
This reir 8 months from
c.oA.e.a#-), R 15291
Date of this Request 751 cl-?
I, as gLicensed Electrical Contractor ? Owner, do hereby request inspection of the above electri-
cal wmng installed at:
Street Address or Route No.
Section Township Range County
Which is occupied by (.?,?'??,?, ?_('C?s-a??
(Name of OccuOant)
Is a roughin inspection required on this job? No ? Yes,W Ready Now ? Will Call ?
PowerSupplier_17;7. se P49- Address
Electrical Contractor ?•ti?L'E- FContractor's Lic A ense?No 6 y
iCOmpany Name) .^
Mailing Address 12 'T- =' _ S' -2-
Authorized
a.
5:, 33?
No. ``rPO ._,y,9t Y
(uecVlcal CoMractor or q4vn4N Making TNS Installation)
fC'?I k1 p[i ???? ???Q? This impection request will not he accepted by the
.? €1 G=1 [? @? g State Board unless proper inspectian fee is enclosed.
? f dinnesota State Board of Electricity
19,: ity Ave., St. Paul, Minn. 55104-Phone 645-7703
- .QUEST FOR ELECTRICAL INSPECTION
CHECK BELOW WOItIC COVERED BY THIS REOUEST
? Y8,
R 1.9291
Type of Building New Add. Rep. Check Appliances Wued For Check Fquipment Wired For
Home ? ? ? Range ? Tempocazy Wixing ?
Duplex ? ? ? Water Heater ? Lighting Fixtuies ?
Apt. Bldg. ? ? El Dryer Electric Neating. ?
Commercial Bldg. ? ? ? Fumace Silo Unloader ?
Industrial Bldg. ? ? ? Au Condi Bulk Milk Tank ?
Farm ? ? ? L
1
Other
?
?
? p
[hers
}
Here 1
COMPUTE INSPECTION FEE BELO% '
Service Entrance Size: # Fee Feeders&Subfceders: # Fce . C'ucuits: it Fee
0 to 100 Am s. 0 to 30 Am eres 0 to 30 Am eres
101 ro 200 Amps. 31 to ]00 Amperes 31 to 100 Am eres
Above 200 Amps. Above 100 Amps. Above 100 Amps.
Transformers RemoteControlCirc. Partialorotherfee '-
S' ns Special ins ection Minimum fee $5.00
Remarks
TOTAL FEE p
[, the Electrical lnspector, hereby certify that
i made.
/2 - /-/-)
(Final)
This iequest void 18 months from
CITY USE ONLY
PERMIT #: RECEIPT DATE:
???IAL MECiH"CiA. PERMTT AP'PLICiATIOR
C1TY OP £ABAA
S$SO PILOT HAOB RD
L'AHRA MA 5b1 EE
651-681-4675
Please complete for: ? single family dwellings
townhomes and condos when permits are required for each unit
Date: U \
SITE ADDRESS:
o ?- K r.r? b
OWNER NAME: N ?? LS21
INSTALLERNAME:
STREETADDRESS:?IQ\Q?
CITY:
w
TELEPHONE #:
TELEPHONE #:
PU-?
V-11", f\j
,? 1 'i'Jr41-13E6
(AREA CODE)
Cof I .2Z2-??
(AREA CODE)
STATE: ? ZIP: ?5dLJ;jo '-0
Place a cheek mark next to the oermit work tvne
New residential dwelling unit under constructionand not ownedoccupied $ 70.00
Add-on, modification or alteration to existina dwelling unit $ 50.00
• fumace replacement
• air exchanger
• air conditioner
• other
Nature of work:
State Surchar e $ .50
s
50
60
raeai -
.s
Reminder: Ca(l for inspections.
CITY USE ONLY
PERMIT #: RECEIPT DATE:
APPROVED BY: , INSPECTOR
CObIMERCIlkL b1ECHkNICA1. PEgM1T APPLICATiON
CITY oF EASlklv
$$SO PILOT KNOS fiD
EAsax, M1v 55i s$
657-6$1-4675
Please complete for: all commerciaUindustrial buildings
multi-family buildings when separate permits are not required for each dwelling unit
DATE:
STTE ADDRESS:
OWNER NAME:
TENANT NAME (IMPROVEMENTS ONLI):
PHONE #:
(AREA CODE)
WAS TfERE A PREVIOUS TENANT IN THIS SPACE? Y N. NAME:
INSTALLER:
ADDRESS:
WORK T'YPE: New constructian
_ Interior Improvement
_ Processed Piping
Specify
PHONE #: -
(AREA CODE)
STATE:
_ Install U.G. Tank
Remove U.G. Tank
R'Gen installing/removing underground tan/y call 651-681-4675 for inspeclion by Fire Marsha[ and
Plumbing Iinspector.
Fees: 1% of contract price OR $50.00 minimum fee, whichever is greater.
Underground tank removaUinstallation = m;n;,mm fee
Contactprice: $ x 1%= $
State surcharge
TOTAL
$
(Base Fee)
calculate at $.50 for each $1,000 Base Fee
SIGNATURE OF PERMIT"fEE
Updated 1101
?Y
?
• V a 9- ?o
BUILDING PERMIT APPLICATION
Include 2 sets of plans, 1 site plan w/elevations and 1 set of energy calculaLions.
':5. 112*
To De used for 4?1. Valuation
Site Addresc;
Lot ¢ Block See. Sub. Parcel
[
Owmer -/
Address -44 os ,c??
c ? ? _ _ ?Yl?,-r s s / ?
Telephone
Contxactor
Address
Arch./Eng.
Address
Erect t?
Alter
Repair
Enlarqe
move
Ilemolish
Grade
OFFICE L1SE
Occupancy
Zoning
Fire Zone -?
Type of Const. ?
# of Stories ?
Front .3 0
Depth 46
OFFICE USE
Date of Approval & Initial
Assessment
Water/Sewer
Police
Fire
Eng.
Planner
Oouncil
^? 9- 9• 9
Bldg. Off.
A.P.C.
Telephone
Telephone
FEES
?
Permit ?G V
? sn
$13rCt18IQH .
'Yian Check
SAC
Glater Conn •
t-7ater Meter TOTAL
?
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CITY OF EAGAN
3795 Pilot Knob Rd.
tagan, MN 55122
PROCtDURE - BUILDING Pt.RMITS
4a"' y
At tho time the Building Permit is obtained, Park Donation, all Sewer and Water
Connections plus water meter, Road Unit for one and two family dwelling units
must be paid unless otherwise authorized by City Staff.
The additional permits are required -- Heating, Plumbing, Sewer, Water, and/or
Well, Septic, and Electric.
Inspections required are=
1. Footings 5. Plumbing (rough-in) 9. Plumbing (Final)
2. Foundation 6. Heating l0o Building (Final)
3. Framing 7. Ventillation 11. Landscape (Final)
4. Insulation B. Air Conditioning 12. Drainage (Final)
Ali the above inspections are required and the inspectors must be notified when
ready. The inspections will be made within 24 hours from the time of the
request.
The Building Inspectors will be in thp office between the hours of MD a.m. and
9s00 a.m. and 3:30 p.m. and 4:00 p.m. or by appointment.
Electrical permits are also required and are to be obtained from the City of
Eagan. For all electrical inspections, please call 489-9009 between the hours
of 7t30 a.m. and M0 a.m.
NOTE. Occupancy Permits are mandatory on all structures except one and two
family dwellinq units.
The Water and Sewer Utility Billing Department must be notified when the buildings
or residences are to be occupied and by whom. If this Department is not notified,
the developer or builder will be billed for any water and sewer charges from the
date the meter is given out.
?
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L BL CITY USE ONLY RECEIPT#: &?q 0_1
SUBD. DATE: ?? ?e
1996 MECHANICAL PERMIT (RESIDENTIAL)
CITY OF EAGAN
3830 PILOT KNOB RD
EAGAN, MN 55122
(612) 681-4675 >
Please complete for: ? single family dweilings
? townhomes and condos when permits are required for each unit
_ New construction Add-on furnace P- 60-Z&O
Add-on air conditioninq Add-on air exchanger, i.e. Vanee system, etc.
Date: //- ? - 9(p
FEES
? Minimum Fee: Add-on/Remodel (existing residence only) 20.00
? HVAC: 0-100 M BTU 24.00
Additional 50 M BTU 6.00
? as Outlets?4mijmuoof?required @ $3.00 each)
rVEW CJnS uc
? State Surcharge .50
TOTAL ? o
SITE
OWNER NAME: LUQj PHONE #:
INSTALLER
STREET ADDRESS: ?9.59 ,?yl?a 1z10n ? ,
CITY: (m &012 STATE:In It/ ZIP:
PHONE #: ( (p/?) 45a- /S? ?
? 0?*
8T(? L-RMIxI ILL
/,-s -/-- ,5 7
,64
CITY USE ONLY
L BL
SUBD.
RECEIPT #:
DATE:
1996 MECHANICAL PERMIT (COMMERCIAL)
CITY OF EAGAN
3830 PILOT KNOB RD
EAGAN, MN 55122
(612) 681-4675
Please complete for: ? all commercial/industrial buildings.
? multi-family buildings when separate permits are = required
for each dwelling unit.
DATE: CONTRACT PRICE:
WORK TYPE: NEW CONSTRUCTION INTERIOR IMPROVEMENT
DESCRIPTION OF WORK:
FEES: P $25.00 minimum fee QC 1% of contract price, whichever is greater.
• Processed piping - $25.00
• State surcharge of $.50 per $1,000 of permit fee due on all permits.
CONTRACT PRICE x 1%
PROCESSED PIPING
STATE SURCHARGE
TOTAL
SITE ADDRESS:
OWNER NAME:
TENANT NAME: (IMPROVEMENTS ONLY)
INSTALLER:.
ADDRESS: _
cmr:
TELEPHONE #:
STATE: ZIP:
PHONE #:
SIGNATURE:
SIGNATURE OF PERMITTEE
CITY INSPECTOR
SEVERSON, WILCOR 8c SHELDON, P.A.
LARRYS.SEVERSON•
JAMES F. SHELDON
J. PATRICK WILCOX'
MICHAEL G. DOUGHERTY
T4CHAEL E. MOLENDA"
APROFESSIONALA390CIATION
ATfORNEYS AT LAW
600 MIDWAYNATIONAL BANK BUILDING
7900 WEST 147fH 3TREET
APPLE VALLEY, MINNE30TA 65124
(872) 4323156
TELEFAX NUMBER 432-3780
'ALSO LICEN3ED iN IOWA
••AL30ISCENSED IN WISCONSIN
...Ay$p ],iCENSED IN NEBRA.41U
March 7, 1991
Tom Colbert
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, MN 55121
RE: Walter V. Nelson Assessment Appeal
City ProjeCt No. 466
Court File No. C9-90-7779
Our File No. 206-8733
Dear Tom:
KF?EIVEQ ?1>,,a
8 f?91
KENNETH R HA/.l.
•••SC07'f D. JOHNSTON
JOSEPH P. EARi.EY
LOREN M. SOLFEST
CHRISTINE M. SCOTILLO
ANNEITE M. MAAGARIT
Dls7IEL M. SHERIDAN
OFCOUNSEL:
JOFIIiE.VIRSEL7CH
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 5, 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:XfIERSON, WILCOX & SHELDON, P.A.
Roxann S. Duffy
Legal Assistant
to Michael G. Dougherty
RSD/djk
Enclosure
cc: Dale C. Nathan (w/enc)
?wa a ir,a c^W. oo??.+?.o
t ? rJOSEPH P. EARLEY
ATTORNEY AT LAW
600 MIDWAY NATIONAL SANK SiIILDING
' 7300 W 147TH ST
UPPLE VALLEY MN 55124
rALE C. NATHAN ATTORNEY AT LAW
3435 WASHINGTON DRIVE
STE 200
LEAGAN MN 55122
STATE OF MINNGSOTA
COUNTY OF DAKOTA
NOTICE OF:
?( FILING OF OROER
WENTRY OF JUDGMENT
? DOCKE7ING OF JUDGMENT
Courl Flle No.: C9-90-7779
_ IN q E; WALTER V NELSON ET AL VS CITY OF EAGAN
?Nbu ara heroby notitlod that on MARCN
wai duly fliod In tho abovo onlllled mallor.
QXXYou nrn hereby nollfled thal on - MARCH STH
_ wee duly enlernd In lhe abcve onlitled meltar.
91
?fl an Order
91
? 9 a Jutlpment
? You ere horoby noUfled thal on
, 10 e Judpmant
ww duly dockolod In tho above onlltlod mottor In iha nmounl of
A true end corroct copy ol thla Nollco hns boon saivod bympll vpon Ihe panloe namea neroin et gne
leel known nddrwa of oach, punuunl lo Mlnnesoln Rulo3 of Clvll Procadure, Rulo 77,p4, -
Dnlad• MARCH STH, 1991
AOCER N. SAffES
CAdminlslralo b 1(?if".( n ) j
epu
k '
. , ._ . i..c...?.
1
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRZCT
Court File No.: C9-90-7779
Walter V. Nelson and Delores Case Type: Special Assessment
Nelson, husband and wife, Appeal
Appellants,
STIPULATION FOR SETTLEMENT
v. AND ORDER FOR JUDGMENT
AND JUDGMENT
City of Eagan, a municipal
corporation, Fmmis e3y
ol I : 1Zg!
ReSpo71d211t. pOGER . SAMES, Co. kdminisva:cr
Y _
DEPUTY
RECITALS
WHEREAS, Appellants are the owners of Lot 4, Carlson Acres in the
City of Eagan located at the southwest corner of the intersection of
County Roads 30 and 31; and
WHEREAS, Appellants' property was assessed by the City of Eagan
on August 7, 1990 for Public Improvement Project No. 466 for storm
sewer lateral improvements; and
WHEREAS, said assessments were in the amount of $10,348.35; and
t•;HEREAS, the parties hereto do not admit liability with respect
to the claims and defenses raised in the lawsuit abov.e-captioned but
rather desire to amicably resolve their differences to avoid further
protracted litigation; and
WHEREAS, the parties have agreed to reduce the assessment against
Lot 4, Carlson Acres to the amount of $6,914.00.
NOW, THEREFORE, the parties do hereby entered into the following:
?
Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
STIPULATION
1. The assessment against Lot 4, Carlson Acres for storm sewer
lateral improvements in the amount of $10,348.35 shall be set aside
and said parcel shall be reassessed in the amount of $6,914.00.
2. It is understood and agreed that the parties hereto will
present this Stipulation for Settlement to the above-entitled Court
with the request that the Court adopt the Order for Judgment herein
carrying out the terms of said Stipulation.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for Judgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
Dated:
i ?
f
Dated: /' C ( /
EAGAN
.By :
Its: ayor
By: J. VanOverbeke
Its.City Clerk
Walter V. Nelsori
Dated: / - ? '/- i'/
?.1?.cDelores Nelson
???-r?- .E`g-an
Thomas ?A
/?
t
Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
Dated:
SEVERSON, WILCOX & SHELDON, P.A.
By:1, Joseph P. Earley
Attorneys for Respond nt
600. Midway National Bank Bldg.
7300 West 147th Street
Apple_Valley, MN 55124
(612) 432-3136
I.D. No. 189595
Dated: 1-,) y- ql
NATHAN & ASSOCIATES
By: Dale C. Nathan
Attorneys for Feppellants
3435 Washington Drive
suite 200
Eagan, MN 55122
ORDER FOR JUDGMENT
1. Pursuant to the foregoing Stipulation for Settlement, the City
of Eagan is hereby ordered to set aside the assessments for Public
Improvement Project No. 466 for. storm sewer lateral improvements
against Lot 4, Carlson Acres.
2. The City of Eagan is hereby ordered to reassess Lot 4, Carlson
Acres for Project No. 466 in the amount of $6,914.00.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for JUdgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
,
Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
5. Each of the parties hereto shall be responsible for their own
costs, disbursements and attorneys fees.
6. The above action is hereby dismissed with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: ,; BY THE COURT:
?C
?-.Ju e of Distri t Court
NDGMENT
I HEREBY CERTIrY THAT "THE ABOVE STIPULATION FOR SLTTLEDfENT AND ORDER FOR JUDGMENT
CONSTITUTE THG JUDGMENT OF THE COURT."
DATED MARCH STH, 1991 COURT ADMINISTAATOR
ROGER W. SAMES
(SEAL) BY ,
EPUTY CLERK
f ?citV oF
3830 DILOT KNOB ROAD
EAGAN, MINNESOTA 55124-1897
PHONE: (612) 454-8100
FnX: (612) 454-8363
February 27, 1991
MS DENICE ROENCK
SEVERSON WILCOX & SHELDON PA
600 MIDWAY NATIONAL BANK BLDG
7300 W 147TH ST
APPLE VALLEY MN 55124
Re: Stipulation For Settlement
ProjeCt 466,'Parcel 10-01500-050-02 (David
Project 466, Lot 4, Carlson Acres (Walter i
Project 572, Parcel 10-02200-011-76 (David
Dear Denice:
TI-IQWS EGAN
Nayor
DAVID K. GUSTAf50N
PPMEL4 NcO2EA
TIM DAWLEMY
THEODORE wACHTER
Courltil N¢mp¢rs
7FIOM/5 HEDGES
Crty Atlmins[rata
EUGENE vAN OVERBEKE
CitS Ckrk
i Carol Tilseth)
Delores Nelson)
i Marcia Voqt)
Per qur conversat'ion 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.
/7mJ
Enclosure
THE LONE OAK TREE...THE SYMBOL OF 5fRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opporfunity/Affirmative Action Empioyer
Agenda Information Memo
February 19, 1991, City Council Meeting
ASSESSMENT APPEAL SEITI.EMENT 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 51e 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 Sett]ement Agreement were prepared
by the City Attorney's Office, reviewed 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. I,ot 4, Carlson Acres
4205 Pilot Knob Road
Walter & Delores Nelson
2. Parce110-O1500-OS0.52
3800 Pilot Knob Road
David & Carol Tilseth
A(:I'ION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For
Settlement Agreement for Lot 4, Carlson Acres, and Parcel 10-01500-050-52 and authorize
the Mayor and City Clerk to execute all related documents.
R E C ??r ?i%.; j v ' ;',,, 2 . ? a^. :?e
?. ?.:ii
M E M O R A N D O M
TO: Tom Colbert, Public Works Director
FROM: Joe Earley, Assistant City Attorney
DATE: January 28, 1991
RE: Walter Nelson Assessment Appeal
Eagan City Project No. 466
Our File N6. 206-8733
Tom:
Enclosed please find three original Stipulation for Settlement and
Order for Judgment documents. These documents have been executed by
the Nelsons.
Please place these documents for approval and execution by the City
on the next available Council agenda. Upon execution by the City,
they can be returned to our office for submission to the Court.
Please contact me with any questions or concerns.
JPE/djk
.
,
STATE OF MINNESOTA
COUNTY OF DAKOTA
Walter V. Nelson and Delores
Nelson, husband and wife,
Appellants,
V.
City of Eagan, a municipal
corporation,
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Court File No.: C9-90-7779
Case Type: Special Assessment
Appeal
BTIPIILATION FOR BETTLEMENT
AND ORDER FOR JIIDGMENT
Respondent.
RECITALB
WHEREAS, Appellants are the owners of Lot 4, Carlson Acres in the
City of Eagan located at the southwest corner of the intersection of
County Roads 30 and 31; and
WHEREAS, Appellants' property was assessed by the City of Eagan
on August 7, 1990 for Public Improvement Project No. 466 for storm
sewer lateral improvements; and
WHEREAS, said assessments were in the amount of $10,348.35; 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 aqreed to reduce the assessment against
Lot 4, Carlson Acres to the amount of $6,914.00.
NOW, THEREFORE, the parties do hereby entered into the following:
Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
STIPIILATION
1. The assessment against Lot 4, Carlson Acres for storm sewer
lateral improvements in the amount of $10,348.35 shall be set aside
and said parcel shall be reassessed in the amount of $6,914.00.
2. It is understood and agreed that the parties hereto will
present this Stipulation for Settlement to the above-entitled Court
with the request that the Court adopt the Order for Judqment herein
carrying out the terms of said Stipulation.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for Judgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
Dated: Z -/f - f/ ,--C?TY} qF EAGAN
Dated:
Dated:
Sy: Thomds FY Egan
VjByJ yor
VanOVerbeke
ty y Clerk
???4 1
alter V. Nelson
Delores Nelson
;
Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/walter Nelson Assessment Appeal
Dated: =•qr SEVERSON, WILCOX & SHELDON, P.A.
Jo"ph P. Earley
ttorneys for Respond nt
O. Midway National Bank Bldg.
7300 West 147th Street
Apple Valley, MN 55124
(612) 432-3136
I:D. NO. 189595
Dated: 1-et7-ql NATHAN & ASSOCIATES
By: Dale C. Nathan
Attorneys for Appellants
3435 Washington Drive
Suite 200
Eagan, MN 55122
ORDER FOR JIIDCiMENT
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 storm sewer lateral improvements
against Lot 4, Carlson Acres.
2. The City of Eagan is hereby ordered to reassess Lot 4, Carlson
Acres for Project No. 466 in the amount of $6,914.00.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for Judgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
1
Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR NDGMENT
City of Eagan/Walter Nelson Assessment Appeal
5. Each of the parties hereto shall be responsible for their own
costs, disbursements and attorneys fees.
6. The above action is hereby dismissed with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: BY THE COURT:
Judge of District Court
SEVERSON, WILCOX & SHELDON, P.A.
LARRYS.3EVERSON'
JAMESF.SHELDON
J. PATRICK WILCOX"
M[CHAEL G. DOUGHERTY
MICHAEL E. MOLENDA•'
APROFE3SIONALASSOCIATION
AT1C)RNEYS AT LAW
800 MIDWAY NAIYONAL BANK BUILDINC
7300 WEST 197TH STREET
APPLE VALLEY, MINNESOTA 65124
(612) 492-3736 TELEFAX NUAIBER 492-3780
•A440 LICEN9ED IN IOWA
••AISO WCENSED 1N N73CONSW
...ALSp LICENSE?IN NE8RA3KA
December 3, 1990
Judy Jenkins
City of Eagan
3830 Pilot Knob Road
P.O. BoX 21199
Eaqan, MN 55121
RE: Krista Nelson v. Eagan Assessment Appeal
City Rroject-No. 466 Our File No. 206-8743
Dear Judy:
RtCr?vzo 4t:e 4 ny.
J
KENNETH R. HALL
"•Sb(YIT D. JOFiN9TON
JOSEPH P. EARLEY
LOREN M.SOLFEST
CHRISTINE M. SCOTILLO
ANNETTE M. MARGARIT
DANIEL M.9HERIDAN
OFCOUNSEL:
JOHN E. VUI{ELICH
Rrista Nelson has requested the following documents in connection
with her assessment appeal.
1. Minutes authorizing the assessments.
2. All notices made in connection with the project and the
assessments, both published and mailed.
3. The cost sharing agreement with Dakota County.
Could you please provide me with these documents as you have so
efficiently done in the past. I will then forward them to Ms. Nelson..
Thank you.
Sincerely,
SEVERSON, WILCOX
?
seph P. Earley
/djk
cc: Tom Colbert,
Deanna Kivi,
& SHELDON, P.A.
Director of Public Works
Special Assessment Clerk
6?MMsity oF czage
3830 GILOT KNOB ROAD - i1KY.v5 EGAN
EP.GAN, MINNESOTA 55122-1897 Mdy0f
PHONE: (612) 454-5100 - DAVID K. GUSTAFSON
Fnx: (614) 454-8363 PAMELA ^^tOZEA
, TIM PAWLEMY
THEODORE WACHTER
Council Memb¢rs
December 7, 1990 ri-ionv,sHEOC,es
. CM Adminstrata
EUGENE VAN OVERBEKE
City Chrk
JOE EARLEY ASSISTANT CITY ATTORNEY
SEVERSON, WILCOX & SHELDON PA
600 MIDWAY NATIONAL BANK BLDG .
7300 W 147TH ST
APPLE VALLEY MN 55124
Re: Rrista Nelson v. Eaqan Assessment Appeal
City Project No. 466•
Dear Joe:
Per your request of December 3, 1990, I am forwarding to you the
information you requested:
1. Minutes authorizing the assessments. (I am also enclosing
minutes approving the project, if needed.)
2. All notices made in connection with the project and the
assessments, both published and mailed. (Roxanne will provide
you with the Affidavit of Publication for the final assessment
hearing.)
3. The cost sharing agreement with Dakota County.
4. Certification Statement.
if further information is needed, please do not hesitate to contact
me. ,
Sincerely,
J y M J nkins
gine ri g Secretary
/jmj
Enclosure
THE LONE OAK TREE...THE SYMBOL OF SiRENGTH AND GROWfH IN OUR COMMUNITY
Equal Opporfunity/Affirmative Action Employer
RECEIVED AUG 6 1990
August 2, lsso
Mr Tom Colbert •
Engineer City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
RE: Your letter dated July 26, 1990
Mr Colbert
??"'G? • 't'?o
' Item #1: Water lateral. I agree with your proposal.
Item 42: Storm sewer lateral. I do not agree with in its
entirety.
There is a discrepancy in what Larry Figgens proposed,
100' of storm sewer according to his note which you have a
copy of, and your field mans notes (120'). The 33,600 sq.
ft. of drainage from my property in my opinion it should be
20,000 sq. ft.
Also you mention this assessment does not include any
of the vacated public right of way, I do not understand your
purpose in bringing this to my attention, since obviously no
one else is being assessed for this. Also certain public
utilities have easements thru this property and if any
assessments are to be made, then the utility companies
should be assessed also.
Furthermore the vacating of this property was the
city's decision.
On July 28, 1990 I had flooding again in my rental
property located at 4202,4203,4204 and 4205 Malmo P1.
It is quite obvious the storm sewer is not able to handle a
heavy fas£ rain. I would like this letter be kept as a
matter of record in case of future flood problems.
Sincerely,
??
Walter V. Nelson
oF
3830 PILOT KNOB ROAD - hON?S EGw
EA6AN, MINNESOTA 55144-1897 . . MaY°f
PHONE: (61,4) 454-8100. . DAND K. GUSiAf50N
FAX: (612) 454-8363 VPhSEIA McCiEA
, TU1 DAV%IENfY
7FIEODORE WACHiFR
COUncil P.Ym6ers
lFi0MA5 HEDGFS
Gty Admin'aVna
July 26, 1990 , EUGENEVAN rx??E
Gty MR WALLY NELSON
4205 PILAT KNOB ROAD
EAGAN MN 55122
Re: project 466,'7inal Assessment Adjustment
Lot 41 Carlson Acres
Dear Mr. Nelson:
As a result of the final assessment hearing held on July 10, 1990,
you submitted a written objection pertaining to the proposed
assessments identified as follows:
WATER LATERAL
$3,837.18
STORM SEWER LATERAL
$10,348.35
The storm sewer lateral is comprised of two items identified as
follows: `
Pilot Rnob/Diffley Road 8torm 8ewer Lateral
80' deep x 300' (Diffl.ey Rd.) + 80' x 120' (Pilot Knob Rd.) _
$33,600 sq..ft. @ 19G per sq. ft. _$6,384
Additional 8torm Sewer Extension For Future Develogment
120' @$33.04 per ft. _$3,964.80. This rate per running foot
of 12" storm sewer is less than the City's 1990 predetermined
rate of $37.55 per running foot.
THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIi`/
Equal Opportunlty/Affirmafive Action Employer
July 10; 1990
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN, 55122
RE: Special Assessments
at Pilot Knob and Diffley Rds.
City Council Members
? ?c-
a 5??.
? .?1
?
I am writing this letter in regard to the assessment
levied against my property at 4205 Pilot Knob Rd. The amount
charged for the storm sewer j 6,384.OO,is quite excessive.
When compared to the assessments to the other properties
located along the service road that replaced Diffley my
assessment is tremendously higher. Also the assessment is
not even close to the original amount quoted, see attached
information from city records.
It is difficult to understand the charge of
for a water lateral. The City denied my proposal for
rezoning to commercial use. I would have no argument with
the charge if and when the property was rezoned. But at this
time the lateral is of no use to me.
After 26 years at this location I feel my property in
its entirety has been devalued due to the rebuilding of the
roads. Including the rediculoUS situation as to access to my
garage, which I'm sure that all members of the council have
driven by my residence enough times to see what I mean.
Thank you for any consideration given this matter.
Sincerely,
`.m
?,roA
fi
? ? ? 1 .... 4 .
a.s
a DeecrLption Street/Trail Storm Sewer
- : CARLSON ACRES.7., s-
?ot 1011 0OIT': ?; . 1,949 792
L t 1, 012 0 ? 984
, . .
? ?'
zI.ot 2, 022 ,00 '-3,
a. s ?. a .c.t. r' A c 648 .
Lot 2, 021 0W ?898 - P7 792 t
Lot 3 . --- ti 1,440
Lot 4 10,632 3,168
Lot 5 1,772 1,440
Lot 1?440
s oc i ? ' f 9 4,800
? F- ,
8, 080-00; 1,772 2,400
`
p o? 8, ?
082-00 '; . 1,772 2,400
.,;
F a?;2.t 090-004' ?,., . 2,400
t
>? - - -' 2,400
o ,Q,,5 ?? ;091 061
??
oG , 1M,0 1,772
:
. T.o?: iii ao i;»s
Lox.7,3,w130-00 ? 1,860
i Jot: 14..,j..141:.Op ?` .. 2,747 2,232
:..xt
Lo? 150-0Q' 1,845 i?--
,r :. , .,? x : •
I.ot 15, 152-00 V? 2,569 2,088
EVERGREEN PARK ADDITION r? `l
Lot 1, Block .7i ??', • 1,800
,
Lot Block 2/ ;,. 1,800 .
Lot 3, Block_.2 1,800
Lot 4, Block.2? 1,800
> -A.
Lot Block.1/ 1,800
Lot 6; Block?2? 1,800
y Lot Y, Biock 408
31 -
?
T75 ? .,
. ...: '?i., .?..a. . _._. . :._ ._ .. .
To[al
Asaeasment
2,741
5
822' --
$
?
. 0
13; 9Bfl ? ' .? `'(
3,212
-3
- / V yo
,
4,800
4,172
4,172
2,400
2,400 .
1,»z
1,772
1,860
4,979
4,657
1,800
1,800
1,800
1,800
1,800
1,800
408
i
?
June 26, 1990
CITY OF EAGAN
NOTICE OF SPECIAL ASSESSMENT
Project N10P466
The EAGAN CITY COIINCZL vill meet on the lOth day of July, 1990, at the Eagan Kunicipal
Center, 3830 Pilot Rnob Road, Eagan tlN, to approve and,adopt the listed apecisl assessments
against the folloving described property:
10-16400-040-00
1QELSON XALTER V
4205 PIIAT. ICNOB RD
EAGAP7 HN 55122
The special assessments are:
TOTAL ANNUAL FIRST YEAR FIRST YEAR
TYPE OF IMPROVEMENT S A# PRINCIPAL pRINCIPAL _INTEREST xNSTALI.MENTS
SANITARY SEWER LTRL 2065 0.00 0.00 0.00 0.00
WATER IATERAL 2066 3837.18 383.72 489.24 872.96
SERVICE(WATER ONLY) 2067 1054,i§- U 105.72 134.79 240.51
STORM SEWER LATERAL 2068 b38ai-@0./03yd''C38.40 813.96 1452
36
.
STREET 2069 1 OD ? 1063.20 1355.58 2418.78
TRAIL 2070 00 0.00 0.00 0.00
ToTAL 2
191.04 •,2,793.57 4
984.61
?ss3
y ,
You may pay any portion of these special assessments rithin thirty (30) days, specifically.
on or before the 9th day of August, 1990, without interest at the Eagan Municipal Center.
If you pay after the thirty (30) day period but prior to October 15, 1990 interast vill be
charged from July 10, 1990 to December 31, 1990. After October 15, 1990 the first yeazs
installments cannot be prepaid and it includes interest from July 10, 1990 to December 31,
1991.
Any unpaid portion vill be collected in annual installments of principal and interest for
the next 10 YEARS on your future property tax stataments vhich rill be issued through the
Dakota County Auditor's office. The annual installments include intereat at the rate of 9.0
PEB CENT per year on the unpaid balance.
?N
Ati?
? . ? .
,,,.?-? , j.
`' -
?` l
MEMO TO: MAYOR 8 CITY CODNCIL MEMSERS
THOMAS L HEDGEB, CZTY ADMINIBTRATOR
GENE VANOVERSEREr DIRECTOR OF FINANCE
FROM: THOMAS A COLBERTo DIRECTOR OF PiTBLIC WORRS
DATE: FEBROARY 13, 1991
SIIBJECT: ASSESSMENT APPEAL SETTLEMENT
LOT 4p CARLSON ACRES (WALTER NELSON) PROJ 466
PARCEL 10-01500-050-52 (DAVID TILSSTH) PROJ 466
PARCEL 10-02200-011-76 (DAVID VOGT) PROJ 572
i have received formal Stipulation For Settlement Agreements for
the assessment appeals associated with the above-referenced parcels
for formal consideration and approval by the City Council which is
scheduled for February 19. The following information provides
appropriate detail 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 6 DELORES NELSON) - PROJ.466
This property was proposed to be assessed $14,185.53 for a 6" water
lateral stub ($3,837.18), its proportionate share of storm sewer
facilities within the County road improvement ($6,384) and the cost
to install 120' of a private storm sewer lateral stub ($3,964.48).
The water and storm sewer lateral stubs were installed in
conjunction with a rezoning of the property from its current
residential use to a commercial office building. However, the
subsequent rezoning application was denied and the water and storm
sewer lateral stubs will not be used. Also, a subsequent detailed
survey of the property showed that the assessable area used to
calculate the County road storm sewer participation assessment was
less than what was used in the preparation of the final assessment
roll. As a result of these issues, the original assessment
obligation of $14,185.53 that was appealed was reduced to $6,914
for its share of storm water runoff. to the County storm sewer
system.
PARCEL 10-01500-050-52 (DAVID & 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 8 MARCIA VOQT) - PROJ 572
This property was originally assessed for $9,485 for the street
improvement of Lexington Way from Diffley Road to the north end of
the cul-de-sac. However, based on the results of the City
appraisal, it was determined that the maximum benefit to this
property is no more than $5,500.
Due to the fact that the original assessment rolls were adopted by
Council action on July 10, 1990, for Project 466 and September 19,
1990, for Project 572 and certified to Dakota County, appropriate
adjustments to their special assessment payment obligation should
be made accordingly. While all negotiations leading up to this
settlement were handled by Joe Early, due to his departure, all
follow-through will be handled by Mike Dougherty.
Respectfully submitted,
; /Ma?
Director of Public Works
TAC/jj
cc: Deanna Kivi, Special Assessment Clerk
Mike Dougherty, Assistant City Attorney
Agenda Information Memo
February 19, 1991, City Council Meeting
ASSESSMENT APPEAL SET'I'LEMENT AGREEMENTS
L 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 benefiu 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 forma] assessment
appeals will be dismissed upon execution of the appropriate Stipulation For 5ettlement
Agreement. The conditions contained within this Settlement Agreement were prepared
by the City Attorney's Office, reviewed with the Department of Public Works and found
to be in order'for favorable Council action. The following properties aze being presented.
for consideration of their Settlement Agreements:
1. L.ot 4, Carlson Acres
4205 Pilot Knob Road
Walter & Delores Nelson
2. , Parcel 10-01500-050-52
3800 Pilot Knob Road
David & Carol Tilseth
ACTION TO BE CONSIDERED ON THIS ITEM: To consider the Stipulation For
Settlement Agreement for L.ot 4, Carlson Acres, and Parcel 10-01500-050-52 and authorize
the Mayor and City Clerk to exeCUte all related documents.
oF
3830 PILOT KN08 ROAD
EAGAN, MINNESOTA 5 512 4-18 97
PHONE: (612) 454-8700
FAX: (612) 454-8363
July 26, 1990
MR WALLY NELSON
4205 PILOT KNOB ROAD
EAGAN MN 55122
Re: Project 466, Final Assessment ABjustment
iLot ,
Dear Mr. Nelson:
THOMAS EGAN
MaYp
DAVID K GUSfAf$ON
DAMELA NcOiFA
TIM DAWLEMY
. THEODOP.E WACHfER
Coundi Manbers
TFIQMP.S HEDGES
City Administrator
EUC£NE VAN OVERBEKE
cay ck,x
As a result of the final assessment hearing held on July 10, 1990,
you submitted a written objection pertaining to the proposed
assessments identified as follows:
WATER LATERAL
$3,837.18
6TORM SEWER LATERAL
$10,348.35
The storm sewer lateral is comprised of two items identified as
follows:
Pilot Rnob/Diffley Road Storm Sewer Lateral
80' deep x 300' (Diffley Rd.) + 80' x 120' (Pilot Knob Rd.) _
$33,600 sq. ft. @ 19G per sq. ft. =.$6,384
Additional Storm Sewer Estension For Future Development
120' @$33.04 per ft. _$3,964.80. This rate per running foot
of 12" storm sewer is less than the City's 1990 predetermined
rate of $37.55 per running foot.
THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROVJfH IN OUR COMMUNIiY
Equal Opportunity/Affirmative ACtion Employer
July 26, 1990
Page 2
During my recent conversation with you, you concurred that this
additional storm sewer extension was installed at your reguest.
You will also note that the drainage area calculations for your
overall project storm sewer lateral assessment did not include any
of the recently vacated public right-of-way which Was incorporated
into your private ownership.
During our conversation, we also discussed the proposed assessment
of $3,837.18 for the 6" water lateral that was extended to your lot
from the north side of Diffley Drive to service the proposed office
building that you were pursuing approval during the winter of 1987.
The City determined that an office building would require a 6"
water lateral to provide adequate water service and fire flow
protection. However, with the denial of that rezoning request, it
would be inappropriate to assess.that cost at this time.
Therefore, based on your objection and our review of the situation,
I will be recommending that the City Council adjust your assessment
by deleting the water lateral assessment of $3,837.18 and
postponing that assessment until such time that the property should
develop or connect to that water lateral stub.
I hope that this review and response satisfactorily addresses your
previous objection. It is anticipated that with Council
concurrence, a new notice of final assessment obligation will be
sent to your attention. I would like to thank you for your
willingness to work with the City during this review and reach this
satisfactory conclusion.
Sincerely,
???vr -/- -
omas A. Colbert, P.E.
Director of Public Works
TAC/jj
cc: Deanna Kivi, Special Assessment Clerk
Ted Wachter, City Councilmember
-M? sity oF aaga
3830 PILOT KNOB ROAD THOr.+aS ECvAN
EAGAN, MINNESOTA 55122-1897 MayOf
PHONE: (614) 454-8100 DAVID N. CiJ5TnF50N
FAX: (612) 454-8363 PAMEw NkcaEA
TIM PAWLEN7Y
THEODORE WACFRER
CAUnaI M¢mbers
TFiOn445 HEWES
Cdy AdminiSVator
EuGEN
VERBFACE
February 27, 1991 cm p
MS DENICE KOENCK
SEVERSON WILCOX & SHELDON PA
600 MIDWAY NATIONAL BANK BLDG
7300 W 147TH ST
APPLE VALLEY MN 55124
Re: Stipulation For Settlement
Project 466, Parcel 10-01500-050-02 (David E Carol Tilseth)
Project 466, Lot 4, Carlson Acresl(Walter A Delores Nelson)
Project 572, Parcel 10-02200-011-76 (David 8 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 Agreements
for the Vogt property. After execution by District Court, please
return one original of each referenced parcel for our files. The
property owners have not received a copy of this agreement.
If you should have any questions, please give me a call.
/j mj
Enclosure
THE LONE OAK iREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIiY
Equal Opporlunity/Afflrmative Action Employer
,j
STATE OF MINNESOTA
COUNTY OF DAKOTA
Walter V. Nelson and Delores
Nelson, husband and wife,
Appellants,
v.
City of Eagan, a municipal
corporation,
Respondent.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Court File No.: C9-90-7779
Case Type: Special Assessment
Appeal
STIPULATION FOR BETTLEMENT
AND ORDER FOR JIIDGMENT
RECITALB
WHEREAS, Appellants are the owners of Lot 4, Carlson Acres in the
City of Eagan located at the southwest corner of the intersection of
County Roads 30 and 31; and
WHEREAS, Appellants' property was assessed by the City of Eagan
on August 7, 1990 for Public Improvement Project No. 466 for storm
sewer lateral improvements; and
WHEREAS, said assessments were in the amount of $10,348.35; 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 assessment against
Lot 4, Carlson Acres to the amount of $6,914.00.
NOW, THEREFORE, the parties do hereby entered into the following:
1
,
Page 2/STSPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
BTIPULATION
1. The assessment against Lot 4, Carlson Acres for storm sewer
lateral improvements in the amount of $10,348.35 shall be set aside
and said parcel shall be reassessed in the amount of $6,914.00.
2. It is understood and agreed that the parties hereto will
present this Stipulation for Settlement to the above-entitled Court
with the request that the Court adopt the Order for Judgment herein
carrying out the terms of said Stipulation.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for Judgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
Dated: Z -/f - f/ ,.- CfT--Y) qf EAGAN ?
Dated:
Dated: /- Dl 5'/- i'I
Sy: ThOMds A- Egan
Its: yor
By: J. VanOverbeke
Its. City Clerk
A_ /11,
alter V. Nelson
Delores Nelson
1
Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
Dated: SEVERSON, WILCOX & SHELDON, P.A.
?- ?
: Jo 'ph P. Earley
ttorneys for Respond nt
0? Midway National Bank Bldg.
7300 West 147th Street
Apple Valley, MN 55124
(612) 432-3136
I.D. No. 189595
Dated: !-)7" ql NATHAN & ASSOCIATES
By: Dale C. Nathan
Attorneys for Appellants
3435 Washington Drive
Suite 200
Eagan, MN 55122
ORDER FOR .TUDGMENT
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 storm sewer lateral improvements
against Lot 4, Carlson Acres.
2. The City of Eagan is hereby ordered to reassess Lot 4, Carlson
Acres for Project No. 466 in the amount of $6,914.00.
3. Interest shall be payable by Appellant's commencing thirty
days after entry of the Order for Judgment herein.
4. Respondent shall be responsible to assume that the correct
assessment is recorded and to have removed any earlier assessment
without cost to Appellants.
Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT
City of Eagan/Walter Nelson Assessment Appeal
5. Each of the parties hereto shall be responsible for their own
costs, disbursements and attorneys fees.
6. The above action is hereby dismissed with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: BY THE COURT:
Judge of District Court
TRANSMITTAL
TON COLBERT, PUBLIC WORRS
FAT GETGAt7, pOLICE
DnLE RUNRLE, COHMCINITY DEV
KEN SOUTHORN, FIRE
GEttE VANOVERBERE, FINNiCE
KE17 VIW1, FN2RS
JIM SfiELDON, CITY ATTORNEY
HESSAGE:
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IS`l HA I IU
IIOLLY DUFFY, ADMIN
RAREN FINNEGIIN, ADMIN
JOH HOHENSTEIN, ADMIH
RRISTI MORIIST, MIS
JOHN OLINGER t TDMIN
HIRE REARDON, CABLE
KRIS HAGEMAN RECYCLI
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RECEIVED AUG G 1990
August 2, 1990
Mr Tom Col6ert
Engineer City oF Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
RE: Your letter dated July 26, 1990
Mr Colbert
Item #1: Water lateral. I agree with your proposal.
Item #2: Storm sewer lateral. I do not agree with in its
entirety.
There is a discrepancy in what Larry Figgens proposed,
100' of storm sewer according to his note which you have a
copy of, and your field mans notes (120'). The 33,600 sq.
ft. of drainage from my property in my opinion it should be
20,000 sq. ft.
Also you mention this assessment does not inc-lude any
of the vacated public right of way, I do not understand your
purpose in bringing this to my attention, since obviously no
one else is being assessed for this. Also certain public
utilities have easements thru this property and if any
assesaments are to be made, then the utility companies
should be assessed also.
Furthermore the vacating of this property was the
city's decision.
On July 28, 1990 I had flooding again in my rental
property located at 4202,4203,4204 and 4205 Malmo P1.
It is quite obvious the storm sewer is not able to handle a
heavy fast rain. I wou].d l.ike this letter be kept as a
matter of record in case of future flood problems.
Sincerely, „
Walter V. Nelson
/V 169 vp 6 O' `f0 0 U
Walter Nelson
4205 Pilot Knob Rd.
Eagan, MN 55122
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? Ff Mfi_Ff ?a City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Attn: Tom Colbert
t
401""IcitV oF eagan
THOMASEGAN
Mayor
October 15, 1993
Walter Nelson
4205 P(lot Knob Road
Eagan, NIN 55122
Dear Mr. Nelson:
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
E. J. VAN OVERBEKE
Clty Cleik
THOMAS HEDGES
Clly Atlminislralar
Our oNice has received a compleint alleging that the outside storage of equipment related
to the operation of your business is no longer confined to your property. A site revlew
of your place of business was conducted on Friday, October 15, 1993, and it was
observed that there is indeed a large tractor stored on the property adJacent to yours.
The business use of you residentially owned property is considered an allowed use
because your business and residence were in place prior to the adoption oi the Eagan
City Code. However, the "grandfather clause" extends only to your property, and you are
currently in violation of this ordinance because your business appears to have expanded
to adjacent property.
Please have all construction related items contained only within your property within two
weeks from the date of this letter. If you have any questions or comments, please do not
hesitate to contact me.
Thank you in advance for your compliance.
Sincerely,
eilberly Egg s?
Project Planner
MUNICIPAL CEN7ER
3830 PIIOI KNOB ROAO
EAGAN, MINNESOIA 55172•I897
PHONE: (612) 681-0600
FA%: (612) 681 ?4612
iDD: (612)454-8535
THE LONE OAK TREE
THE SYM90l OF STRENGTVi AND GROWTH IN OUR COMMUNIIY
Eqval OppodunltylAtilrmatlve Actlon Employei
MAINTENANCE PACILITY
3501 COACHMAN POINI
EAGAN. MINNFSOiA 55172
PHONE: (612) 681-4300
FAR:(612)681-4360
iDD:(612)454-8535
APC Minutes
March 24, 1907
Harrison moved, Voracek seconded the motion to recommend
approval of the rezoning and amendment of the Planned Development
Agreement. All voted aye.
It was indicated that a notice of public hearing would be
necessary for the extension of the Planned Development Agreement as
requested by the developer.
Z?-/? 7- -3 /-F77
LOT 4, CARLSON ACRES - REZONING & PRELIMINARY PLAT
Mr. Runkle introduced the application of Wally and Michael
Nelson to rezone a residential single family lot, presently a legal
non-conforming use for construction storage, to LB (Limited
Business) on approximately 1.3 acres at the intersection of Pilot
Knob Road and Diffley Road. The reguest was to allow an 11,520
square foot office building on a single 60,000 square foot lot.
Hans Timper of Cedar Corporation was present on behalf of the
aoplicants. Mr. Timper indicated that the proposal was to construct
one building, possibly in two narts, that all construction storage
would be removed during the construction process. He also reviewed
a three page report indicating the pros and cons of the use of the
property for various uses. Mrs. Gail Stahl was present. As a
landowner adjacent to the property, she indicated that non-
conforming use, in her opinion, had created additional water run-off
on her property. She indicated she ha3 to pay $240.00 for a survey
• to determine that the Nelsons were expanding beyond their own
property lines. Mc. Jim DelGreco, a resident at the intersection of
Sequoia and Sigfrid, read a letter in opposition to the proposal
from neighbors and indicated that two other neighbors had indicated
-ctheit opposition.
Mr. Harrison indicated that it was his position that tne
rezoning of the single parcel would be spot zoning. Harrison moved,
Voracek seconded the motion to recommend denial of the rezoning and
to direct staff to review the expansion of non-conforming use. All
voted in favor except Gustafson who voted no.
ADJOURNMENT
Harrison moved, McCrea seconded the motion to adjourn the
meeting at 10:10 p.m. All voted affirmatively.
DGK
Secretary - APC
10
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3830 PII.OT KNOB ROAD, P.O. BOX 21199
E AGAN, MINNF ;O f A 55121
PHONP (612) 454-8100
APRIL 15, 1986
MR WALTER NELSON
NELSON EQUIPMENT CO
4205 PILOT KNOB RD
EAGAN MA1 55122
Re: Egpansion of a Nonconforming Use,
(Carlson Acres, Block 1, Lot 4)
Dear Mr. Nelson:
f36n BIOh^pUIST
rdrno,
1HOMM, LGA(J
IAPAF, i A_ SMII H
AC H USON
u i!:ouout wnrnreia
CpunrA bte?.bcrs
IHpP/U•$ HWGES
._uy erlndnisbnb,
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PUGeHi' ?AJJ 0
r,m: r]1o,V
A complaint has been filed with the City of Eagan by Mrs. Gail Stahl of 4222
Sequoia Drive, alleging that outside storage of equipment related to the
operation of your business is no longer confined to property owned by you. A
site review of your place of business was conducted on Wednesday, April 9,
1986, and indicated that all material stored outside was indi-ed located on
your property.
Your place of residence is presently zoned R-1 (single family) which does not
permit outside storage of construction and construction related equipment. In
your case, however, this praetice is cons3dered in conformance with the Eagan
Zoning Code since your business and residence were in place prior to the
Code's adoption. Please be advised, however, your business activities and
storage of related equipment must be contained on property owned by you in
order to fulfill the "grandfather clause" of the Eagan Zoning Code. When and
3f construction equipment and/or construction related materials are stored on
adjacent properties, you may be in violation of City Code Section 11.10 which
prevents the expansion of a nonconforming use within a particular zoning
designation.
I encourage you to contact me if there are any questions regarding the
contents of this letter and/or the contents of Mrs. Stahl's complaint.
Sincerely,
Steven Schwanke
Planning Department
cc: Ga31 Stahl
Thomas L. Hedges
?ale Runkle
David Keller
SS/jh
THE LONE OAK TREE. THE SYMBOL OF SiRF.IJGIH AND GROWTH IN OUR COMMUNIIY
Please
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and
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REVIEW WITH ME
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3908 Sibley Memorial Highway
Eagan. Minnesota 55122
Phone: 1612) 4523077
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3830 PILOT KNOB ROAD. P.O. BOX 27199 8FA BLOM4UIST
EAGAN, MINNESOTA 55121 M°'i°r
PHONE: (672) 454-8700 7HpMqg EGqry
.WN1E5 A. SMRH
VIC ELLISON
THEODORE WACHTER
Councll Membars
Noveraber 20, 1986 THOM4SHEDGES
' CRy Mminishata
EIIGENE VAN OVERBEIE
City Clerk
MR. WALTER NELSON
NELSON EQUIPMENT CO.
4205 PILOT KNOB RD
EAGAN MN 55122
Re: Expansion of a Nonconforming IIse
(Carlson Acres, Block 1, Lot 4)
Dear Mr. Nelson:
On several occasions in recent years, the City of Eagan has
contacted you regarding the outside storage of equipment related
to the operation of your construction business. More recently
you received correspondence from Mr. Greg Ingraham on February
27, 1985 and from Mr. Steven Schwanke on April 15, 1986. Both of
these written correspondence specifically stated that your
construction business was a nonconforming use in a residential
area and is protected by the "grandfather clause" of the Eagan
Zoning Code.
It was also stated in Mr. Schwanke's letter that the extension of
the nonconforming use (the outside storage of construction
equipment) to adjacent properties would violate the grandfather
clause of the Eagan Zoning Code and also violate City Code
Section 11.10 which specifically prevents the expansion of a
nonconforming use. A certificate bf survey prepared by Sigma
Surveying Services indicates that the outside storage of
construction equipment is encroaching upon Lot 3 of Carlson
Acres. This does indeed indicate that your nonconforming use is
expanding to adjacent properties and this activity must cease
immediately. The City of Eagan encourages you to remove all
materials from Lot 3 of Carlson Acres by Friday, December 5,
1986. Failure to meet this deadline may result in this matter
being placed on the Tuesday, December 16, 1986 meetin9 of the
Eagan City Council.
THE LONE OAK TREE. ..iHE SYMBOL OF STREN6TH AND GROWTH IN OUR COMMUNIiV
. S
MR. NELSON
NOVEMBER 20, 1986 -
PAGE TWO
I trust this matter can be resolved in an expedient fashion and
in a manner that accommodates adjacent residents.
Feel free to contact me if you have any questions or concerns
regarding the recent events surrounding this matter or the
contents of this letter. ?
Sincerely,
Dale C. Runkle
City Planner
cc: Thomas Hedges, City Administrator
David Reller, Assistant City Attorney
Patrick Geagan, Administrative Captain
Gail Stahl
DR/SS/cks
HAIIGIE, F.IDE & HELLER, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILOINGS
3908 SIBLEV MEMORIAL MIGHWAY
EAGAN.MINNESOTA 55122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID 6. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
February 4, 1986
Mr. Thomas Hedges
City Adminiatrator
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota 55122
S fi. /0"? 0?a
Re: Nonconforming Use/Wally Nelson/Southwest Comer of Diffley Road
and Pilot Knob Road
Dear Tom:
AREA COOE 812
TELGPNON6 454•4E24
Pursuant to your request, we have contacted a complaining resident in this
area in regard to the above-described property. The basic complaints and our
response are as follows:
1. The complaining party has indicated that the owner is storing equipment
and firewood on the property.
It ie our understanding, although we do not have the date when these
activities first commenced, that this use is a nonconforming uae under the
City Zoning Code. In addition, an officer of the police department has
inapected the aite on at least one occassion for violations of any portions of
the City Code relative to junk, finding only that one car was not licenaed and
was immediately licensed or removed.
2. Complainant has atated that his or her property receivea large amounts of
run-off due to snow plowing on the offending property and the construction of
a large garage which the Complainant indicated was constructed without a
proper public permit.
We have been advised by Dale Peterson that a building permit wae provided for
the garage. Further we are aware of no method of preventing a party from
piling snow on his own property.
3. The moat aignificant complaint is that the Complainant has alleged that
the use of the property has been expanded onto adjacent property increasing
the parking area for equipment and the amount of anow atorage.
If the claim is true, then the owner of the property may be in violation of
City Code Section 11.10 which prevents the expansion of a nonconforming use
f J
Mr. Thomas Hedges
Fehruary 4, 1986
Page Two
and refera to prior to City Ordinance Section 6. City Inspector Dale Peterson
has indicated that it ie not possible to determine the boundary of the
property without the requeat of a survey. The City does not appear to be
required to make auch a survey. However, it may be possible to verify the
boundary through Mr. Nelson or the adjacent owner, perhaps suggesting it may
be Mr. Nelson's responsibility due to his use which is inconsistent with the
surrounding residential uses.
Sincerely youra,
HAUGE, EIDE & KELLER, P.A.
David G. Ke11er ?`?"'? '?`DGK:cjb
,
? .
;
?
' My oF esagan
3830 PILOT KNOB ROAD. P.O. BOX 21109
EAGAN, MINNESOTA 55121
PHONE: (672)454-8100
February 27, 1985
V 0
?
?
WALTER NELSON
NELSON EQUIPMENT CO
4205 PILOT KNOB RD
EAGAN MN 55122
Dear Mr. Nelson:
BEA BLOM9Ui5i
nnav«
THpMAS EG.4N
JAME5.4-StvAiH
JERRV THOMAS
THEODORE WACHTER .
CWncY Memben
THOMAS HEDGES '
CiN Atlmirtistrafa
EUGENE VAN OVERBEKE
CiNClnk ,
The City of Eagan has received complaints from some of your neigh-
bors about the expansion of the area you store construction equip-
ment in. As a non-conforming use in a residential area we would
hope that you keep in mind the impact of your business on the
surrounding property owners and would contact them prior to any
expansion or chanqes in use. By keeping the area well organized
and screened by fencing or landscaping you can minimize the effects
on you neighbors.
Sincerely,
Greg H. Ingra am
Assistant City Planner
cc: Gail Stahl
Paul Hauge,
Tom Hedges,
GHZ/jeh .
City Attorney
City Adiministrator
THE LONE OAK TREE...THE SYMBOL OF SiRENGTH AND GROWfH IN OUR COMMUNIN
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JUI72 17, 1996 THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
Walter Nelson SANDRA A. MASIN
4205 Pilot Knob Road THEODORE WACHTER
Council Members
Eagan, MN 55122
THOMAS HEDGES
Ciry Adminisirator
Re: Expansion of Nonconforming Use/Outdoor Storage
E.J. VANOVERBEKE
Ciry clerk
Dear Mr. Nelson:
This letter is a follow-up to our conversation earlier today regazding the outdoor storage of
vehicies and equipment related to the operation of your business.
In response to a complaint we received, city staff conducted a site review of the properry on
Friday, May 31, 1996, and found several commercial vehicles (trailers, dump truck and semi-
rractor) stored on the driveway between your property and Diffley Road. As you know, the
business use of your residential properry is grandfathered in under the provisions of the City's
nonconforming uses ordinance. This City ordinance allows the continued operation of an existing
nonconforming use, but prohibits expansion of any nonconforming use.
We are not trying to hazass you or restrict your business operation; however, the grandfathered
status of your business applies only to Lot 4, Block 1, Carlson Acres, and does not apply to the
driveway area along Diffley Road. This driveway azea was tumed back to you in 1989 when a
portion of the DifIley Road right of way was vacated. Storage of business related vehicles and
equipment in this driveway area constitutes and expansion of the nonconforming use and
therefore, a violarion of city ordinances.
To bring the properry into compliance, all construction and business related items must be
removed from the driveway area along DifIley Road and contained solely within Lot 4, Block
1, Cazlson Acres. Within seven days of receipt of this letter, we expect a reply from you
indicating your intention and a schedule of compliance with our request. Please call me at 681-
4689.
Thank you for your cooperation.
Sincerely,
Michael Ridley
? Senior Planner
bcc: Tom Hedges, City Administ
MUNICIPAL CENTER
3930 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681 -a612
iDO:(612)a54-8535
THE LONE OAK TREE
THE SVMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV
Equal Opportunify/Afflrmaiive Acilon Employer
MAINTENANCE FACILITY
3501 COACHMAN POINi
EAGAN. MINNESOfA 55122
PHONE: (612) 681-4300
FA%: (612) 681-4360
iDD:(612) 454-8535
io-i&?Ioo -o(yo -o()
- city of eagan
TO: Mike Ridley
FROM: Pam Dudziak
DATE: May 31, 1996
MEMO
/???---
i,- .
SUBJECT: Walter Nelson, 4205 Pilot Knob Road
This memo is a follow-up to inform you of the status of the above case. I conducted site visits
on two occasions to this property, and have reseazched the pazcel file for historical context with
regard to the grandfathering in of the business use of this residential property and its non-
conforming status.
February 1985 - Letter sent to owner requesting that storage azea be kept neat, confined and
screened.
February 1986 - City received letter from Dauid Keller, Attorney, stated expansion of
nonconforming use onto adjacent property is violation of city ordinance.
April 1986 - City sent letter again reminding the owner to contain all outdoor storage
on "property owned by you."
November 1986 - Encroachment of outside storage azea into Lot 3 was confirmed. Lot 3
was not owned by Mr. Nelson, and letter was sent advising him to remove
equipment off of Lot 3.
March 1987 - Owner submitted request to City to rezone property to LB. Rezoning was
denied.
1989 - The City vacated a strip of land along Diffley Road upon which is now
located a private driveway, the westem part of wluch is a joint driveway
(subject to easement agreement). The eastern 349 feet of the driveway is
not included in the joint driveway easement.
October 1993 - City sent letter to owner, again advised that business use is grandfathered
in and expaasion is not allowed. Letter requested that storage which had
expanded to adjacent Lot 3 be removed and located on his property oniy.
May 1996 - After visiting the site on two sepazate occasions and
observing commercial vehicles along the private driveway, I contacted Mr.
Nelson to discuss the issue. He claims that when the land adjacent to
Diffley Road was vacated and the driveway installed, it was turned back
to the adjoining properry owners and that that portion adjoining Lot 4 is
now his property and he can pazk his vehicles on his own driveway. I
explained that the grandfather status applied only to Lot 4 and not to the
additional property where the driveway is now located. Therefore, the
business vehicles could not be pazked within that driveway azea and that
Memo - Walter Nelson
4205 Pilot Knob Road
Page 2
they had to be confined only to Lot 4. Mr. Nelson was quite rude to me
over the phone, said the City was harassing him, he wants to know who
complained about lus property, and that if this continued he would sue the
City.
The question remains whether the grandfather clause extends to the entire property owned by Mr.
Nelson as he contends, or only to Lot 4 as has been our interpretation in the past. However, the
issue of pazking on the joint driveway along Diffley Road apparently has not been an issue and
was never addressed in ihe past.
cc: Tom Hedges, City Adminislrator
O
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TO:
Mike Ridley
l6Y?,U oy()oo
a,?, awa-d-
? MEMO
FROM: Pam Dudziak
?-
DATE: May 31, 1996
SUBJECT: Walter Nelson, 4205 Pilot Knob Road °
This memo is a follow-up to inform you of the status of the above case. I conducted site visits
on iwo occasions to tlus property, and have reseazched the parcel file for historical context with
regard to the grandfathering in of the business use of this residential property and its non-
conforming status.
February 1985 - Letter sent to owner requesting that storage azea be kept neat, confined and
screened.
February 1986 - City received letter &om David Keller, Attomey, stated expansion of
nonconforming use onto adjacent property is violation of city ordinance.
April 1986 - City sent letter again reminding the owner to contain all outdoor storage
on "property owned by you."
November 1986 - Encroachment of outside storage area into Lot 3 was confumed. Lot 3
was not owned by Mr. Nelson, and letter was sent advising him to remove
equipment off of Lot 3.
Mazch 1987 - Owner submitted request to City to rezone property to LB. Rezoning was
denied.
1989 - The City vacated a strip of land along Diffley Road upon which is now
located a private driveway, the westem part of which is a joint driveway
(subject to easement agreement). The eastem 349 feet of the driveway is
not included in the joint driveway easement.
October 1993 - City sent letter to owner, again advised that business use is grandfathered
in and expansion is not allowed. Letter requested that storage which had
expanded to adjacent Lot 3 be removed and located on his property only.
May 1996 - After visiting the site on two sepazate occasions and
observing commercial vehicles along the private driveway, I contacted Mr.
Nelson to discuss the issue. He claims that when the land adjacent to
Diffley Road was vacated and the driveway installed, it was turned back
to the adjoining property owners and that that portion adjoining Lot 4 is
now his property and he can pazk his vehicles on his own driveway. I
explained that the grandfather status applied only to Lot 4 and not to the
additional property where the driveway is now located. Therefore, the
business vehicles could not be pazked within that driveway azea and that
?
e7-?r 10
- city of eagan
.
Memo - Walter Nelson
4205 Pilot Knob Road
Page 2
they had to be confined only to Lot 4. Mr. Nelson was quite rude to me
over the phone, said the City was harassing him, he wants to know who
complained about his property, and that if tlus continued he would sue the
City.
The question remains whether the grandfather clause extends to the entire property owned by Mr.
Nelson as he contends, or only to Lot 4 as has been our interpretation in the past. However, the
issue of parking on the joint driveway along Diffley Road apparendy has not been an issue and_
was never addressed in the past.
cc: Tom Hedges, City Administrator
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Walter V. Nelson
4205 Pilot gnob Rd.
Eagan, Mn:. 55122
Mr. Tom Hedgea
Administrater
City of Eagan
„•
' 8ept. 26, 1977
, .
Dear Mr. Hedges:
,
This letter ie in regards to apeCial aseessment Por aewer
Carlson Avres. 2 believe I am being unjustly assesaed aceord-
ing to meighboring property'oraners.
At the public bearing'that was held'-on thia project, I was
assured by city eng. Mr: Rdsene that in no wqy would I be asaeased
more than 200 ft. oY sewer'lateral. T-am being assessed for
350 ft., Mr: 8osenes reasofiing is thgt I have two seperate sernicea
atubbed into My property therefor Ishould pay-Yor add. 150 ft.
of lateral, when actually?/I have lesa'than 200 Yt:
?.
When the aewer lateial was insta9:led, I thought ae long
as I had to pay for 200 ft. it made no'difference which aide oF
property it was inatalled on. I have approximately 135 Pt. on
Pilot %nob &d. & approximately 58 Yt. ori Co. Rd. 30.
?
PZy feeling is that I ahould not bave to pay the add. 150 ft.
of lateral that I am being aasessed Por because it was never
inatalled. I do belie*e I ahould ps3r for addional water & sewer
stub, I each.
I would like thisymatter brought?before the assessment
committee so it can beiresolved before -0ct. 15, the deadline for
peying assessment without penalty. ' •
i 1
? Sincerely,,
I
i ?
i '
? 1
EAGAN TOWNSHtP
BUILDING PERMIT
..
Owaer . . . . .......... .....-------- .......
Addsess (Presanf) ...??:.Q.S------ .U..-e.:.....
Builder ........
Addrecs ......
DESCAIPTION
N° 1926
Eagan Township
Town Hall
Defe _"-f.z/...I6/`A .
.................
Slozies
To Se Used For
Fron!
Depih
Heighf
Esl. Cos! Permi! Fee ---
Remarke
I
° LOCATION
or
? ? 1 d?t? A-?
This permiY does noi auSdorise !he use of elreets, roads, allepe or sidewalks nor doea it give the owner or hSs ageni
the righ! !o creafe anp siluafion which is a nuisanee or which preseais a hazard to the healih, safeSp, conveaieace and
general welfare !o anpone in the communify.
TIiIS PERMIT MUST BE KEPdT? -O--NTHE PAEMISE WHILE THE WORK IS IN PAOGRESS. ?
This ia !o ee:rifp. Shal..:?eLllt!?.^c`-'!.?'."?-................. has permission !o ereet a-.r4.........?.---.? ................. . upoa
...-'---°......_
the above described psemise subjec! !o the provisions of the Building Ordinance for Eagan Township opied April 11,
1955. (v?n Q n,/? ?e...."""-"---_...._.-''1.'-.--."_:----_-" ............... Per ..........--...'_....t..(.y_t-?-.._.(L?.°.:"`!..a...-.`?.'.G?'='C`'-?..""•"""..
? Chairxr?n of Tnwn Saard Buildin Ins ecSOr
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? NATHAN, BASKA & LERMAN
ATTORNEVS AT L/' W
EAGAN EAST E%ECUTIVE BUILOING
3435 WASHINGTON DRIVE. SUItE 200
EAGAN. MINNESOTA 55722
16 1 21 454-0505
DALE C. NATHAN _
DARREL A. BASKA ESTHER M.LERMAN
Apri1 3, 1987
Ci[y Council
City of Eagan
Re: Mr. and Mrs. Walter V. Nelson
4205 Pilot Knob Road
Dear Council Members:
o?4p 00
?GrtsM (}crPA
LYNDA J. NELSON
LAURA J. SLETTO
LEGAL ASSISTANTS
I represent Mr. and Mrs. Walter V. Nelson in connection wi[h their
application [o rezone property located at the intersection of Pilot Knob and
Diffley Roads. They are seeking to rezone the property from single family
residental to a classification that allows construction of a small office
building. I wish to emphasize certain aspects of Mr. and Mrs. Nelson's
request.
The property involved is located literally on one of the corners of the
intersec[ions. You are of course aware that both Pilot Knob and Diffley Roads
will be widened to four lanes during the nex[ two or more years. Diagonally
opposite Mr. and Mrs. Nelson's property is a shopping center, which was
construc[ed in the last few years. On the ?orthwest corner oE the in[er-
section is a professional building. Opposi[e Mr. and Mrs. Nelson to [he east
is a church. With respect to the intersec[ion i[self, we understand it is
expected to soon become the second busiest in Eagan. It is overwhelmingly
clear that the intersection is no longer sui[able for a single family resi-
dental dwelling.
I wish [o call your at[ention to a decision of the Minnesota Court of
Appeala that I believe underscores a legal obl.igatio? on the part of the city
to be reasonable in granting a change in zoning. In Amoco Oil Company v. City
of Minneapolis, C3-86-992, Finance and Commerce, October 31, 1986, the court
said:
"A municipality has broad discretionary power to deny an
applica[ion for a conditional use permit, but it canno[ do so
arbitrarily ... When the municipality states reasons for denying
the permit a reviewing cour[ may reverse [he decision if the reasone
are legally insufficient or if the decison is without factual basis.
***
•
City Council
April 3, 1987
Page Two
"It appears to this court that [he real reason the city council
denied granting the permi[ wae because of objec[ions from the
neighborhood and the neighborhood's council member. The simple fact
that community members oppose a landowner using his land for a
particular purpose is not a legally sufficient reason for dening a
special use permit. Barton Contracting Co., v. City of Afton, 268
N.W2d 712, 718 (Minn. 1978)
DECISION
"Because the city's comprehensive zoning plan is not a legally
sufficient reason for denying the conditional uae permi[ and because
the evidence does no[ support a finding of de[rimental impac[ on the
neighborhood, we reverse and remand for the trial court to enter
judgment ordering the city to isaue the permit."
Attached is a copy of the decision refered to.
Thank you for your consideration of Mr. and Mrs. Nelson's application.
Sincerely,
Dale C. Nathan
DCN/ks
enclosure
cc: Mr. and Mrs. Nelson
J
F6LDAY, OGTOBER 71, 1lB6
court a
N.M.7d 778, 770 ?llinn, 19797. In thls cese summary judqment ves
apProprlate Gecause thera vere m material facts in etspo[a and
the trlal }uaqa neeEed only to app]y Lhe lav of neqllgence to
[ho faeta of thl• caae. The only issue remainlnq (g.whethar the
[rlal judqe eorrec[ly apPlled chc lev to [he unOlepuced fae[s.[n cha TenpraaCum accaep6nylnp lta orAar, the [rlal <our[
statad that [he Eenqer poseC by tM hill raa so oDvlous tnn[, as
emattar of lev, •ppellanc ehoulA hsva Deen aware of che rink
involve0. •nC [het there vu no evltlence indlca[Inq thn[
reaponGants •hould have en[lelpaCeE [he resvltinq harm. thta
deten+lnatlon rq OueA on Re.t.tsmenc of torc• 2A f 341A
<I9651. rnlch statu,
UT A posuasor ot 1an0 1• eot IIs01e to hle
lnvltua [or pAyslcat harw cauud to [hem Oy
•ny ac[IrlGy or conEttton on th• Iand rhose
eaeqer ta knorn ot obrlout [o [nen, unleu
th• Dassessor shoulE •ntlclpa[e'- th• harn
desplb sueh knorleOqo or obvfousnass.
Nctlan 747A applle• ta Draclude liablllty ot • pospuor o[
bnd [or ham eaused Oy de[ecU o0vioua to [ha pL(ntlt[.
Mb[sOn v. M. T. \ayleiph. 274 Mlnn. 495. 497. 144 N.Y.Id 555•
557 (1966). Tlu tut [or obvlousnau 1• not rAe[her the tnJund
patty aetually ur eM Aanqer, Dut whe[her it ras ln lacc
•lslble. Xuno• v. lboloDaume tooA Narket [ne . 793 Ninn. 477•
434. 116 N.M.7d 911. 922 119771. Munae rea![lnwd the Mlnnozot•
rulg tAaL rhen tho dmnpor /s apDarene, reeovetY l• preeLuAeO.
/[LGV v. C4CY O! Noo[IINC, 84 Nlnn. Zl]. =75-76. !l N.N. 180,
740-61 I19011.
7T6VQ aro, hovewr. •lewtlons ln rhleh ehe ppueuor ot
land can aiM thould antlcipate 'tMt • Gangerew tonOftton r111
c•us• n.m m .awwn• noewien.c.neino fu tnovn O[ ObVLOYs
danqer. In sceh uus, tM Auty of rdnppa6l• care p[ [he
poowowf cpulres hf• to rarn [he lnvlbs or to [ak• othor
rouenap!• seeps te proeect hL apNnst an obvlout tlanper it'tho
possessor ha• eeason to •xpeet [hat ena Inv(too rill
MYe[[he1H• suHor PhrilCal harm. MGrsort. 274 Ninn. K 497.
144 N.N.7d at 1137-S1. Wh11e acknorledqliq thf• caveat to che
"AilitY Oreeluaion. [M Wterson court noNd [het thsre aro
aliuatton• rhIM .an ta oDVlously Oaryoroua..[hat [he posssssor
Aal no Auty to rarn an invlte*. [0. •t 497, l44 p,M.ld at 558.
ThI• +pproach (• •upporteA Dy [he unreTerkable proposleton Nat
'no una neeAS no[lce of rhat h• kmw• or re.sonaEly nay De
sip4eteA to tnor.• 6owlee V. Urachel Gbaratortq• tnc , 595
?..0 1361, 1765 (![A clr. 1979).
fn thit case, cMre w• no •videncs to •uvVest. •nA
R
•p0e<<ant dtd not eLln, phat CAtrs w[• any niaa.n ar
unob+vobl• coMltlons thaG wade [M hlll wore treacherou• or
Aanyerous, Chan tt opvlouUY •ppeared to appellant. Tha erial
cou[t Cotnetly nobtl CDat !he[e ru nothln9 Ca ineieaco !o
nsponAenu, othOo Mon the obvlousneu of tho •tup •loW. that
•
Mrw vou1G nwlt [rm aDpollan[ AueanAlrp CDr hlll. A4P1Ylnp
!]UA to tM tacts o[ thl• cue; IC fa elear that the stoopnosa
oe tM hltl rs¦ [M on1Y aaMer popA, anA wu so obvlau• eMc
no vaentnp !rw tespontlonts vu wrrantetl.
D[ C[ e I O N
ihe, utal mart correctly aranteA ruponCent• •uoary
Judqpnt •nd dlulowA .owLi.nc'• ne9llqeec• clai• •i[h '
pro)udlp MCauw romperMont• hW no duty to wrn appellant -ot
an.oevious Oanper.
A[[IiYA.
dTAT! Of N[MMC80211
IM CpURT p! AFPGLB
#C%-t6-Ni
bl! County lors6erq, JuAqe
in b tM Ma[Clape oCi
Tvllls 9rd sb0. petlefener. MaYne M. Sranson
Polk Coenty Attorney
- bspoMont. CYnthla E. osUl•
Asdscan[ Caun[y Actorney
273 Lut 1th St[wt
Vs• Crookaton, NN 56116
A1len Sral/CW. Geo[pe R. Du/•
' 510 4th Awnae Nortn
llpWllant. P.O. Boa 1027
' PM[po. ND 501a7
Mlchael C. O•Neal
]tt Nortq ScA S[reet
faeqo. ND 50107
' Iloeal Count.tl
•lLd'OetoDer 30, I98•
Moyne TschlAOarls, Clerk
Mlnnesota eppollau Courb
8 t L L A0 U 8
f0110r109 • eustoly wAiflea[lon, eM crtll court Et0 not
aOUso lb AlwreClon ln decllnln0 [o wdlty suPPort [or ehe tvo
enlldnn me y1aeM in ap?llane-* cwtody. _
FINANCE and COMMERCE
AEftrmed. -
Consi.fere.f anrf decitleG Oy Foley, Pres(dinq dutlqe. Sldpvltk.
JuCqe, antl fbrstem, Judae, w1tA oral ecqunent vaIvaE.
M E-M O R A N D U M O P I N I O N
FORSBENG,-JUdqe (1lon. John 3oue, Distrip[ Court T[!al dudge)
inle appeal ts Eram an orCer ro0ucfnq Eu[ not ta[nlnKlrq
appellan['s suoVOr[ obliqatlon follorlnq a pertlal chanqe In
cuemdy o( ppa chllEren o[ tha Terrlsq.. W. eftlrm.
?ACTS
Appellant Allan anA responAent Twlll. Sva1staU hare (QUr
chlldren. Thelr nerrleqe re• Olssolv*Q'In 1977. Respon0en! w•
qrmced cuetody o[ che Eour chllAran. Based oa' kMi StIpuLNOn
oE [M perttet. [M Oeerse orAereO appellan[ to pay $600 per
mon[h chitd suOPOrt. -
rt the tlwe oE tha Clssotutlon, the Sra1sea0s.owneA a [oA
rhlch ru !n tlnanclml Al[(tculty. to11ov1nq onttr o[ t11e
Aeene, [here vst a foroelowro on [M 4rn uaeb. Msp1b tM
•ale et thefs •ueu •[ •uctlan, ApDellant, rh0 had Won oNepd
to pay !he marlcal e.ec., va• Lft r1[h sCate sM lM?r?l ta¦
ohllpa[kons. xe noveA [or, and ras qranted, • tainpprary
reductlon fe <n1lA suPPort aml aIlwany.
APMllant oec.in•a..pioy..ne H • ,)anltor. anA reurrlW.
Nfm rlb la ewPloyotl. At [M tlea a( th* hoarlnp, m"FAenC
w• not reeeIvlnO AlOC, bu[ ra• ilvfnp of[ a aptl lnMrltanee
and [ooA Sqwpa pr(or !o returnlnq po J1lOC yhep Che (nlNtltanp '
ra• •RhounteC. She hes obnaqeE to oDb1n only oceae{qqi
[amporary enplnyaent. ,
[n 1985. apPellent ?reA for • chanp, ln austoAy anq •
terwinatfon o[ ehlld support. Ths court or0ote0 the [ro olAett
chllAren PLced ln •PPellant'• custadY but Cid noc t*mlnat• or
reEuce eh/ltl support. In 1966, aPWllant a9aln wpvW tor •. iwOl[Icatlon o[ ch110
support? bseed on th• chanps !n cusGody •nC •n fnsbil(tY ta pay
eupport o ordereE. The trlal courc orOSnd support brm(nateA
lor ch• tro chllAran /n appollon['• <ustody, Eut ntdnW tM
oravlaus tuppor[ level o[ $150 per wnth per ehllA ter !M other
[vo ehlltlren.
0 E C I S 7 O N
rM1e trial cour[ prm[e0 eppallant'• wotlon ln6o4c &* it .
tonrtneteA aupport ior eM chtlAren ptaeee In h/e eu,eoCy,
PetpantlenL Aw• not Sbk reater oE thls woAl[iwtbn o[ Support.
Ap"llant EaIIed to Shor a cMnqe o[ e5rmasbneos maklnq
[he •upport ortlsr a• to the o[har Cro chll0ren unnuenaDL anE
untslr. Mlnn. 9tet. ! 5I8.64, mu0d. 3 (19041. 11s the trLmt
. cuurc nocod, tMre i• no noor0 ot the Portlon' finanelal
clrcuestaneN In I977, wMn tMy a[lpa1KeA to tM tupport
fiqum. tf •nythlnp, appellant's [lnsnelal elremsunn• have
lAprave0. Nhile havln0 Cwtody o[ tvo chlldren iner7jkNa At•
axpansee, M will o0 1onper pay chlla suppert [oe thm.
. A tutthet reAueUon oL suppa[t veulC In a[[eCt hav* P1acW •
qaea[ar Eutdon oE •upporG on reapondent, vhame Hnawp{a1
ruourcas# otMr than •small Inh*rllaawl sha i• rpvlrep ((nt
to aRheust, an llmICeA to povenwnt au1s4nce. 6uep pomHta
? an wt •lneomia• (or
purpou• ot tAe <hitd auPport qulAellMs.
We V. YttfEO. 753 M.M.7d 744. }LS-K IMlnn. Ct. App. I984).
1To t[Ial eourt,ws not reQulrM to erAer her te pay supqrt toe
eh* chfldnn no lonpar ln her custo0y, anE Men ws m apuse of
dlacnllon ln fdtinq !o !o go. See Mlnn. e[at. { 514,{), sypa,
4 (190418 e!. G* v. riqDO. 7S3 X.M.24 •[ ]i[ IOEIIqpC Ma bAd
eIqnltlunt eerninp• ln aAaltlon ta pu4lle uglRaneo PraWrly
orloreU co pay wvPOetl. 6M dws, noc hore [esOYPNs exc"dlny
CM nu0s ot herself anA tM chllAren !n Mr eusto0y. C[.
LInAeman y, Llnderwan. 764 M.M.=d 877. 875 (Ninn. Ct. ppp,
1915) fvMn pann[• sPllc euitoEY$ rlb vlth •icus ruaurNs
w• reyutred m WsoL suppnrt o! ChllOron In her eustoAy),
'Rq trlal courc ElA not •buu Ite Alwnt/on 1n GoCllninp to
hrther reduee or ellalnate tuPPOrL .
A[tlrrA.
ST11TL O? MINM690tA
IN COUPT OP APP[ALO
C7-86-1f3
N-nmpln Ceunty
rnneo oll Cwpany.
•pMllanc.
Gat/e. JW9e
Phlllp M. Gttt
PePIn. Wyton. Natr11.
Cr??an; i Ge[•
970 LuWec Ktchanpe
r.n soucn etfcn sc:..c
Nlnnupolls. 11N 55402
23
24 FINANCE and COMMERCE Court ofAppeds/CivilOptntens FR[DAY. OCTODSR 71. 1oM
V9.
City oF Xinneepolis, pober[ J. Aif[on
City Attorney
kenpondenc. NH liem C. Dunning
Assi.s[ant Ci[y Atmrney
A-I700 Government Center
Minneapollg, MN SSIP]
FileA October ]B, 1986
Mayne tachimperle, Clerk
Mlnneaote ApPella[e Courte
S Y L L A B 0 5
TTedey covneil•a daclnlon m reEuae to qren[ eppeltant e
enntlltlonal uea pernlc qm mc aapporced Dy leqelly nuf[ICtmt
reaeons.
ReveruA ana rmn0ed.
HurA, tonsIperetl an0 n.oiasa hV Parker. Prreldlnp Judqe,
IorsWrq. JuApe. anA 4s11e JuA9s.
O P I N 1 a N
LLBL76, JuOqe (MOn. Mllllam Postan, D1s[r1c[ Coart Trial audgc)
Tn• Clty ot Ninneapolle den(Oa Aaoco Oil Cowpany's
•pp L utlan tor a eondltlonel usa peralt to oDere[a e
[wnty-tour-hour combinet3on pes a[etion ena procery ecore
Mtause CM •tor• eontlf<uA rith the city•e comprenenelve ionlnp
plan •1M Meauae it roulO A*tr.hnen[slly Impect upan nefAhDOrinq
rpld*nta. Jlsaco 6raupht •n actlon aqatnst the city for
Ceelaratory and !n]unetlve cq le(, Boch partiss Mevea [or
wmMfy juApMnt an0 the trlal tour[ aranted the dty's ao[Ion,
nEuelny to set Asi0e the c1[y eounefl•• delerminetlon. Ne
nwree.
rAcra
Appellant lboto O11 CoMDany wentea co camer[ a qu statlon
•c 54Lh Street •n0 Lyn0o1e AvenUe In Minneapolte [ron e
erndltlonU •orvlcr •tatlan to a trency-tourhour qes and
conwMenee •mre. The tacillty was lomted in an area zoneA to
perwft euch •n opara[lon, buc tha oyner wes requireO [o obtefn •
tonAltfnnal use Dermf[ to opera[e tho (acility Oetrean I1i00_p,m.
anA 6:30 a.m.
Y On Octobe[ 32. 1984 Amaco t13aC en eppl{cetfon for e
conAltlonal umar permlt. The •tett at the MlnnesPOlfa PLnnlnq
DtDa« ment '[eeomwended drnytnq the aDOlica[lon fot
?ewntY'tTR-Mur urrfco Tor ere rwsons, rIrst, tM C1ty0•
eomprononslv :oninp p Ln fud dasiqneeed[ha •rea ea a
•nelqnDOrnooC retall' area. Censequently, the twenty- EOUr-hour
operKfon roulA be contrary Co cAa intent of the comprahennlve
nlan. SeeonA, wcauss of the noise, 1lqhts, [refElt enA settvtty
CAat rould •ylet •Il niqht, the counsel fel[ the trenty-lour-hour
oparatfon rou10 be injurioua to the single Eamily reefdencee that
are SouteC Irss dlately to the reet of the taclltty.
llmoco met rlth [M MaDI• rAo livod adjecenc to the (ec111ty•rW "do ehanqes ln 1ts planR to [ry to lenaen the atlveru Inpaet
on tht neIQhDOn. Speclllcmlly, Awoco agreed to Oulld a rooAen
[enee Dutwen lt• proDer[y en0 Itn ne19hboca, fnetall npeclal
. I1pDts, reloeab tAo curb eut on 54th Street [o avofd confllcH ng
[r+[[/e tlove, anA llmft qasollne Aallverlee and operetlon of the
car weh to W[vean 7m00 •.p, enE 10s00 p.m. TMae cMnQae
apparencly •atle[led tho nelqhDore rho than aignad a let[sr
a00reaead to chelt Uty oouncll mawDer Charlee Noyt etatlnq that
tDsy could l5w with the Lvency-four-hour oparatlon If Amocn
roultl •trSetly aAhen to tMlr contl{Clene.
On Aprll 10, 1985 the plenninp comwfsslon eonAUtteE a hearlnq
m AMoce't ConElttona] uee perbit. The plannfnq commiesion votetl
to apprave llwco's &ppllcatlon, epecl[iu lly tindinp cnat the
planneA mo0lficatlana rectlffed the [vo inaAeQUacfea upon rAtch
th* plennlnq sbLE haA Dued Ita recosmende[fon [or danlel. The
applicatlon w• than prasented to the Eonlnq end Plannlnq
Cor3[tae of eho Ninneapoll¦ City Councfl.
BaseE on the oppwltlon oI qe. Hoyt the ionlnq and PLnninq
Corlcte• EffapproveA the apDticatfon. The City Councll decllnad
[o ae[ on the mettsr •nA referred 3t Ge<k to the 2onlnq end
Vlannlnq Cmittee. At thfe tlse Me. Hoyt uplafne0 tnat ehe heE
atteMtO a neiqh0orhood "etinq 1n rhich the reelCente decided
tnat thfy did nat rant the twenty-four-nour operation. Atter
other wee[lnye antl hearlnqs, the City Council refusetl to qran[
Awco'n eppllcallon on Juna 14, 1985. Amoco tnen orouqht en
actlon (n dletrlct court to cawpel the ti[y [o feeue the parni[.
Prm the dla[rfet court'e auasery yudgment [or the city, Moco
•POeale.
tssue
DiJ the ci[y of Minneapolis act arGitrarily sad unreaaonaUly
in denyinn Amwo's conAitional uee perm(t]
ANALYSIS
Contli[innel nrspecial use D¢rmite are ionlnp Oev1ce•
dP?iqned [o mect proAlems [ha[ arisa rhen cer[atn uses,, althouph
generally compariDle with the basic uae claasf(lcatlon oE a
par[icular zone, shoulE nnt " permitted to Oe loeatW u •
mat[er of ri0ht. in a parttculer ares of that sone Wuuu ot
haterde Inhecent I. the uee I[eelf or Eetause o[ spae1a1 DraDIetY
vhich. i[e propoeed locatlon may preaent. 2v1R• v. Cttv ot
Crys[aL 287 M1nn. 197, 195, 167 N.M.1a 45, 40 (1969). Throuph
u[Ilization ot condltlonal use permits cetGaln uses that way Do
consitlerea desirenle [o the eonmunlty, Dut rhlCh rould noe Do
auchorl.:oA y.nerelly In • partlcular aone Deeouso ef
cunxldera[lone fnvolvinp puDltc heelth, atKy, or penoral
vel[are, mey De permitted u0on • proposetl d b depenAlnp upon LM
(ac[e and efrtumatancea of the par[lcular caar. Id. •t 195. 167
N.M.Td a[ 48-49.
A sunlclpalltY Au Draatl Alseretlonary pore[ t0 Mny an
applicetion [or e conAltlooal use Oermlt, but f[ camqt Ao sp
arGitrorfly. Id. at 196, 167 N,N.3G •t 49. MAen the
municfDalltY •tatee nuon• tor Eenylrp the perdL a nvlwlna
court may rsversa the Aocfefon I[ the reasoM an lo"l{y
Ineu[[icient or If [n• Ooclsfon fs -rftAOUt lactual e&als.
Cnrvlne v. CroJ Mlna Cnunty. 309 Mlnn. 345, 352, 244 11,11,7A 403,
406 11976). The perty eukinp revlw Da• the oY[OoA of
persueEing the rsvierlnq court [hat those tfnons are lpplly
Inau(ticlent. 10. The nv3arinq court wust lnNpenOenlly nvlw
the mun3cipsllty0s record •nd decfdon rlthout •tEOrOirq any
npec(el Oefarenee to the Grlal eourt'a rwleM. NorthwaNrn
Collepe v. Citv of Jlyden NI1L, 281 N.N.3d [6S, •6S (MIM1.
1979)(c1tlnQ Reseroe M1nln0 Co. v. Xerbst, 256 N.N.1E 809. 124
(Mfnn. 1977)1.
The city tountil MMeC the permit lar tvo rouons. rint,
the [aeLlty voWa eonfllct rlth the clty'• eopreMnslve sonlnq
plan. 9aconG, the proyoeeA twnty-toue-AOUt [ae{I/!y rpy1Q
eAverselY •tleee the reNAeneta1 -nHOnDO[s 4eeNei'ly pq' !M'
Eecillty. Tpe cnuncfl •lm relled on • patitlon [em nelphEOts,
who tliA not vent the tac111ty to opsnt• [won[y-four-hovre a Aay.
Appellan[ 1ni[lally eontan0a [hat the ci[y app]ieO an
incorrect 1e9a1 e[andar0 by ralylnq on the conprehenslve plan Lo
jvetl(y Oen1a1 of ita perml[. Appelien[ arquee that the proparty
ia eDecfficelly zoneU fot 'eonmunl[y earvl,ce' anA reta(1 uses,
not juet •neiqAborAood ratall.• Althouqh the •nNqhbdtlwoA•
aincricts sre 1nun0ed for the eonv*nlone*'ot poroons reAAlnp tn
neerEy reetdontiel ueea, the •pqoanlty' Alatrfet• aq inbnqjp0
fo +ccommodate the nea0s Of • r1der Conw"r popuLtlOn. 11041
Minnenpolls Zoning CoES S 540.890o s 540.1260. Apqllapt aro"p
eMt 1tatecillty ie • proper faelllty rfthln • epwuMty urdcg
dletrlet en0 [ha! the clty eeuncll Improporly' re1tW on the
4camprehenslvo plan'a-cLu{t1cat3on. We pro.
In NubDartl BroadCastlno. InC. v. CICY o[ AEton. ]Z) N.M.7A
757, fMfnn. 1982), the Minnawt• eupra" Court d/d !{n0 tlut
' inrnmpaUbilicy Aetreen the propoaed uu •nA • runfefpolty'•
conpnhenalve soninp plen Ie a laqally sut[fclent npon!oe
Oenfel oi e spaMal uae permlt. 10. et 763. Norever, the sonlnp
ordlnanea !n Nub6ard apecf[ICally provldeA [hat eAa eomprehanslw
plan snould Oe consldaroA In determinlnq vhe[Aar or rrot ee O[ant
a epecial use p.rmic. Id. xueoara 1s dlsH npufeM61• on tAl•
_ Oasin Ceceune auch fe nnt the caee here. Bpoe![INlly.
M{nneepolis Ordinence S 534.710 Iteta the fectors rh{ch wee M
canelEered in Aetarslnlnq rhether to qrent • conMlttonal ude
permlc. I[ Ocee not liet the comprahenelve aonlnq plan o( the
city as one oE the relevent [at[orn. .
AdCiHonelly, uNlka the xonlnq In NuDDarA? NInMapolb'
apecffic :onlnq plan pernits a 1lAfted varsfon o[ tM ptopwaC
uae. unEer the N1nnu0oLe ioning cntle, a coaDina[lon mervlN
aLatlon and retdl [aclllty v[th opeu[Snq haur• Wlwon 6s30
a.m. an0 11:00 0•m• is a DerwlesaEle uea 1n thls dSa[rSc[. Thus..
the Mlnneapolis comprohenafve pUn is ln coo[]1ct Wth tho
npaclfic :nnlnq plan [or the rolavant •rea. Xa0 the clty r1she0
to xona tha relevant ue• a• s'netqA6arhoad reb11' d4trlel,
prohIDiting the proposad usa, rather then a bamunfty eorric*•
FHIDAY, OCI'OBER 71, 1ME f.ourtofAppeale/LYv1100laims FINANCEandCOMMERCE 25
dietrict, it could have done so. Ae believe ena[ in sueh a case
intompe[ibility wich the comprehansive zoninq plan is no[ a
leqally aufticlent basfe [or denylnq the condlcional usa permi[.
Nor do we Deliave that the evtdence eupPorta a fintling [hat
the twenty-four-hour oparacion v111 adversely aEfect the atljecent
nsfOenttal neighbarhooC. After the planning s[aff orl9inelly
tetoawnAad denytn9 the parelt becauae of the operacian's aOVeree
affect on tM nsiqh6orhood# sppellant has made numeroue ehanpae
In the statlon'e tonstruetlan. To rentrict llqht enG Oloro,
ap0ellant Ineeailad llpht -etenEerAe rhfeh reduced liqht ep111spe
a[ the ptoDorty Douneary [o ane-[ench of a tooc canE U.
llppellint furthar epcaed [o construct an •lqht loot roo0en (ence
Mtreen it• bulldlnp anA the allay Mtraan 1t anA tho housae, and
to eonslruet the elta ao as to proAlDlt w[sr dreina0a lnea the
alloy. To re0uea nofse, apDellsnt aQreaA to l/m1t car reaAae •nd
pasolfne, dellwrle• to MtWon 7,00 a.n. end 10:00 p.w. fina11Y,
oppNlant aOr*atl to reduce the en[ranta alonv 51[h Street to ona
eurD cut to avolA contlfctfng traf[ic flore. Theeo chanqes
•Dparently satSstlaO the plannlnq ataE[ rhicb rocomwenOeE
qran[lnp the parmlt alter aOPellant aqreed to [qeae <onAS[lone.
N1i1]• oDMllant prubn[ed •11 thla evtdenm [o shw tMt [M
operatlon ?ou1C not oAversely affec[ [h• nalqhbore, the clty
0resentsd m rvttlance that the opentlon roulA in<raeoa tnf[Ic,
I1qAt, or nolea In the erea. Inetead, I[ reliad ax[enelvely on
the nsfAent{al character ot the nefqhDOrhood in vAlth appellant
rSS?mis tolout! It• faclll[y. The elty notae thst the facfllty
f• adjatenc to • 1*r0e •tnq1• tasfly naiqhborhood, •nd arques
tMt the lacllfcy rlll oLvfously advorsely a[fect the nelqnDOro.
7Te elty (Oll• to rrote tMt • twnty-[ourAOUr Convanl*nea
store 1• locateA •crw• tM strut troe MpOoIlanc•s praparcy ?n0
GMt nu"roua ather eotiwrelal Eulldln9a are loesesd on eM
Dluek. PurtMnwre, the •re• I• opecfflcally ionaA to pornlt
[wnty-[our-hour yu staLtons u lon9 aa no qrocariae ate sold on
' the Orowlwa. No •vidance tn tM ncord •hows that eppellant'e
pLnMa uu Is pors fntrusive lhen ueea rhlch ere alruEy
perwltbd ri[houL • tonAltional usa permlt. Coneequan[ly, w
Mlieva the evl0anca Ooes no[ eupporc the councll'e f(ndlnq thet
the Dropose0 opera[lon voWd aEVors9]Y •(Ewc tM ?A).c.nt
MIyhOorhoe0. i
It"fs rell •staDllshetl that rhers a soning orelnanc•
- sDeci[foe eeandarde to aDDly in AeCerminlnq vhether or not ro
qran[ a co1WlClonsl usa petsit and the epplicant fully compltae
vlth the sDecified •tandardep • denlal of the permlt ls arElerary .
•s a qtlar of law. Nav v. Torrmh10'oE Grav, 396 Mlnn. 1, S, 106
N.M.pp 19, 23 (1973). the coundl •rroneously relied on the
, comPrehenslve Plan to Justl[y denlal af the permit •nC the
wJOahneo Aoma not •uDPort the couneil'a tfndfnq that the propoeaE
opeqtfon rou1E adversely a[lett the aOjacant nalqhborhood. No
tMretore Wlteve the c1ry tounc/l •cted arC1[rsrily In denying
the perwit.
It aOMars to chle cour[ [ha[ the rael reeson the cfty
counctl Oenlea qrantln9 the perdC waa Deuusa o[ oo)ecGlone tron
the neiqhborAOOd an0 the neiqhborhoad'a counctl aemEan TM
s1mpU lac[ tMt eauunity nasbers oppose a len0ovner uslnq h3e
IarM to[ • DartlcuLr purpofe fe not a lagally suffitient reaeon
for AenYlnp a•pec1al use Perslt. 9arton Contrecelna Co. v. Ci[v
ot Jlfton, 268 N.M.=0 712, 718 IMlan. 1978)
DECIS]ON
Becauw the tity'• coaprehenelv sonlnq plan le, mc e laqelly
wfticlant raaeon [or denylnq the conOfcional usa pernlt end
Mcwsa the evlAenea doee no[ support e findinq oE tletrlmen[el
Spact on the neSqhDOrhooO, re raversa enC remend for the trlal
court to enter ]ud9ment ocASrlnq tne c{ty to laeua the parml[.Ao"reaA and reundetl.
S'fATE Or XINNBSOTr
iN COORT, OP NPPEALS
C3-86-4]4
Norman Cnun[y Lealie, duEQe
1n the 11atter oL the Me1[are of$ andrev J. Nambech, Jr.
J,J.L.B., R.S.l.. •nd S.M.B. P.O. Byz 340
Nehnonen, MN 56557
A[[ocney [or ADDellent
Jemee E. 0'Gorman
Spae. bae. Norman Coun[y
A[[orney
Tnorval0een, Bevson,
Malmn[row L Sorum
1105 xiqnvay Ten Cost
P.O. Boa U50
Oetroit Lakee, MN 56501
,Attorney tor Raependant
Filea occoner 70, 1906
Nayne Tsehtsperle, CLrk
tlinneeoU Apptllate Coucb
S Y L L A B 0 5
1. TAa eviAence supporu eM trlal eourt•a tomlnatfon of
spn+llen['a psrental riahta.
3. The rr1a1 enurt aGa9uatelY LaunQ that aPOollont'•
preeent con0ition rould conlSnuo Lor • prolarpeA, tnAatlnlti,
Pe[ioE oI tlwe. . .
7. Appellan[ raa aot unAuly DrejuOfcoA OY tM eouetY'•
tblay in preparlnq e[oster Placewnt plan rMn [M MLy wa
parclally ceue¢d by eppallsn['e noncoopsratlon •n0 rlwn O«or
court o[OSra Inforwe0 *ppellant o1 what sho ha0 Co Oo t0 re"1n
cuftOdy ot Mr ch{IAren.
4. The [rlal cou[C Ofd n0[ fmp[operly aAm{t hH[say
evldenee. A! t i rKd.
Neam, eonsidere0 antl AeclOeG Dy Perher, ProafAfnq JuOqe,
PorsGrq. Judne, and'Laelia, Judqa.
O P I N 7 O N
LCSW E, Judge (llon. IlSltan Fludt, DisirSe6 Court Trlal Jndgs)
The lrlal caurl tsrwfnateE epp&ILnt•• parenbl rtphLs •tbr
/InAfnq her chIlEran ver• neqlected an0 In [ost*[ ear*.
Appellant cla/ws the 0v1Aonce do*• not •uppert ' the
deternlnatlon, th. [rfal eeure ma0e 1nade9uate H ndlnps. the
enun[y preSuAicielly Aelayed fn waklnp • toobr pla[wnt ylan,
sn0 [tke trlal eourt Ieproperly .e.iee.a hamruy. IM a(Hrm.
/ACTB
On [hrfs[wu daY. 19l1r •t •pOros/malelY Se00 o.e. aOpellant
f:tlaan eurley an0 her hun6and Bart Yllson *npa"d In • rlelmt
H9h[ [Mt endad rhsn aPpellwt ML Mllson owr the MM •Ith •
hammer# eeueing e larqa cue on h!• hsad. The •Mrlff cmr ro
the hou6e sn0 temparer{ly took eua[wfy ot appeltant'• lhcee
cnllaren. 5hortiy thereaRer e neqlsct pKltlon .ae [11W anG •
henrlnq rns huld. Aa the Rearir.q avtdenb oE ehu fipht OOL'NYR
eppellanc an0 Milwon rea IntroDUCwA. TMre ws 41sp eWpoMo
chet the houea ros eatramaly Ofrty, eM childnn wn wry
dlrcy, they haA heeA Ilee, end tlfey MleaeO •lwos! •ll of th•
1981-87 school year. Tha court aE}uAqeO the eAilAren
negleceeC. The court ordare0 the chlldreo placeA In the eare ot
Norman Coanty, but s[ayed comnltnent anC oreena tM ch1lAron
re[urned [o appellan[ rfth the condltlon that she mt laave th.
atat..
2n NsrcA 7982 appellant end Nilson wero dfvorwd. [n 11pr11
19tl3 appellant ranovetl the chtldron trom Mlnnesota, in v1olKlon
of the rnurt ortlun Mhan appallant re[urneA to tM sbu !M
cnurt r.voked placeieene of the Mlldren with oPpollanL 6nd
nrJ«re.f the chilEren placed In the tuntoOY n( [M Narun County
Sncial Servlce Depsrtwent. Tha cnileran ware then pLCeO In •
Eoster 4one vhere they atill reweln. .
• number of cuetody re0orte, psycholopical raporbl anA
revler hearfn9e neva tollore0. On Sepl,moMr 30, 1907, the eourt
<ontinued Dlacewent of the chllann an0 ordered appill&nt to
<eooarota rlth the rounty aoclel eervlee O*O+rtHnt MM to
attanE all recommentled DsYchaloqfcel evalua4lone, traininy and
cnunaalfnq. By orEer aeted April 78; 1903 the court lwnp phst
eppeilant Oa0 [sV1eA to tooparels r1[h tne Norman County eep»l
Snrvice OeDSrtment anA heC •hoveE ne •ridene• that eh* IuA
deveIopeO eppropriaae perantlnp •kllle.
The rpril 1987 court diepoaitlon ardereA •ppollent !e
commence re9ule[, a[ leest TOn[hlyp contatt• rlth the ehllAe9q.
Tne courc eleo oraeratl •ppellent to Occowpllsn certNn qwlo
oefnre reqafninp custody of her ehlltlren. %[st, sppellant ru
roQelratl m naintein e clesn anU sulubla howe [or honelf anA
her chi)dren. Second, eha heC [o eetaDlleh •nE plnbin •
ecaGle 1{ving sitm[ion, Inelutlinq a0stalntnq frm us{ip aleWql
antl edfitaining (rom any eqqreenlve, asasultlve aM *4uhlw
behavfor. Th1ra, sne he0 to o0teln enE salnhin su[tfelent
amployment to melntefn heraelE •nC her chIlAren. ?Inally. sho
haa to cooperate [ully vlcn •11 rec"iunded payeholoqlwl
evaluatlone, trelnlnq en0 couneellnp.
1n the sumr ot 1983 the chlidren vlsitaU appellant on !vo
occalione. Mhen the <h11Eran re[urneA [o the [p6te[ haM [My
rare aMtreaaly dlwWdfsnt •nA •rqunentat3ve Wcauw ot comment•
WAIVER OF HEARING
REQUEST FOR UTILITY IMPROVEMENTS
I/F1e hereby request of the Viliage Council' Village of Gagang
Minnesota, utility improvements on and over property owned by me/us as
followse (Mention type of improvement, e.g. waterv sanitary sewer, etc.)
The location of said utility improvements shall be generally as follows:
CARLSON ACRES Lot 4, Parcel 10 16400 040 00
300 feet county road #30
200 feet Pilot Knob Road
500 feet , 150 £eet cor lot allowance = 350 feet, by 6.90 =$2415.00
water area $160.00
I/G?e hereby waive notice of any and all hearings necessary for the
installation of said improvements and further consent to any assessments
necessarily levied by the Village of Eagan for such improvements.
I/We further agree to grant to the Village of Eagan any easements neces-
sary for the installtion of such improvements.
It is further understood that this request shall be reviewed by the
Village Council of The Village of Eagan or its agent and I/we will be given
reasonable notice as to whether this request is possible under present
utflity planning as to timing, location' etc. )
Dated: .inlv_ ld_ 1976
/? ad ress
:?equest accepted by ?.?v z[ Date ?.A- 7- -76
Village of Eagan ,
Reouest referred to Village Engineer: D:te ?
Copies: 1. Village
2, Village Engineer
3. Applicant
July 14, 1976
Mr. walter Neleon ..
4205 Pilot Rnob Road •
Eagan, Minnaeola 55122
Dear Mr. Nelson:
/
The Eagan Aaeeesmant Comitees saviewed and denied your
requeat to pay the water late;al Lmafii on one eide of your
property only at tha 2975 reta. Thio rill heve to be
chargad on both aidee leae the corner lot ellovancn of 150'
? ahich would be 350' at $6.90 a foot fos a total eaessemant
of $2415.00.
The City doee allow you to maka a partial payment aad tLen
aeeeae the balance which could than be paid off et any time
in the future you eo deeire. A vaivar of Hearing foam ia
encloaed for qour eonvenience if you arirh to follov through
on thie. ?
Very truly yours,
(Mre.) Alpce Bolke
Clerk - City offEagaa
AB:ekk .
Encloeure,
? .
:
?
. ;,
?
\
\
,
??
AN AGRESMBNT BB7TiSBN THB CITY OF EAGAN AND OWNBRS OF PROPSRTY
ABOTTING A PRIVATS DRNEWAY IN CONNSCTION WITH PROJSCT 466 (CODNTY
CONTRACT 31-21) DSALING WITB COONTY ROAD 30 TORNBACR AND MAIPTENANCE
RESPONSIBILITIES FOR A PRIVATE DRIVSWAY.
WHEREAS, the intersection of Pilot Knob Road (County Road 31)
and Diffley Roao (County Road 30) has been upgraded under the
above-referenced Project and Contract; and
WE3EREAS, this intersection was relocated approximately 80 feet
to the north of its previous location; and
WHEREAS, a frontage road results from this relocation of County
Road 30 and this frontage road has been teconstructed to the typical
standards associatefi with a private access driveway; and
WHEREAS, the abutting property owners as described in Exhibit A
("Owners") wish to enter into an agreement with the City wherein the
City would vacate that portion of County Road 30 being more
particularly described in Exhibits B and B1 attached hereto and made
a part hereof.
NOW, THEREFORE, in consideration of the foregoing, the Owners
and the City agree as follows:
1. The City agrees to vacate that portion of County Road 30 as
described in Exhibits B and B1 to the respective owners. (Subject to
existing utility easements.)
2. The Owners agree to execute the Private Aoad Easement and
Maintenance Agreement attached and incorporated as Exhibit C.
3. The City agrees not to assess the Owners for the cost of
constructing the private driveway.
4. The City agrees to provide and execute any and all documents
necessary to implement the recocding of the Private Road Easement and
Maintenance Agreement.
APPROVED AS TO CONTENT:
- L-A,? ?
By:
Public Works Department
Dated: _ 17-7 . 0-0-3
CITY OF E AN
By:
Its: May
Dateci: irp -'1A .,$q
APPROVED AS TO FORMAT:
?rev*/ ?? -
B ?
ity A torne s' Office
Dated: S-tt?
ATTEST:
By: ?
Its: iti -Cle k
Dated: u • ?1. •'?q _
Mitchell W. Knoll
Dated:
Vicki Knoll p( S ??
Dated:
1 "-) cyf?,
r
David . Bailey 1100,
Dated: 4 -.:E-?9
?? .
Debora Bailey
Dated: _
-2-
L4?4-
9er p
Craig K'rU(V
Dated: _ 9 -1< -$ I
?
Dianna Rru??ge?s Jk?a
Dated: `?
-?.????? _
Clarence Renvi le
Dated: 9- ?_17 f
w
Elaiille ?
Dated:
?
, , .
W er V. Nelson
Dated: A-S- ftg
//?G(Qyy?'Delores A. Nelson
Dated: 4-5-g c
STATE OF MINNESOTA)
sa.
COUNTY OFO-,??))
On thisal,?day of 1989, before me a Notary
P?,u blic within and for said County, p?sonally p eared.
VtC.?t,? L. IzL!-tSo/? and T..-J. ?to me
personally known, who being each by me duly sworn, each did say that
they are respectively the Mayor and Clerk of the City of Eagan, the
municipality named in the foregoing instzument, and that the seal
affixed in behalf of said municipality by authority of its City
-3-
Council and said Mayor and Clerk acknowledged said instrument to be
the f ree act and deed of said municipality.
N??MI?M?HJ!
..., ?n. 1.1L
?i. k r?rr ,
`:
?.:.:.. !v r E.., . . '
J J :N ?
+otary Public
?
? .
STATE OF MINNESOTA)
) ss.
COUNTY OF
The foregoing instrument was acknowledge6 before me this in-
day of 46 , 1989, by Mitchell W. Knoll and Vicki
Knoll, husb nd and wife.
1.A aM.IJ ?1/?rtl."JJ ; 4'.hAlA' FI MAM •
< . JC3cPH P.
` NOTAPY fLELIC-M!NN.SOTA ?
?..?,'..:.:Ta _.,r.Tr
, My G-.n?n. bplm, Au3. 3. 199a
_ .. . .... ,-,.
No ry ublic
STATE OF MINNESOTA)
)
COUNTY OF"??44R) ss.
The foregoing instrument was acknowleoged before me this 5'"'
day of --:S¢ eM_?aer , 1989, by David A. Bailey and Debora
Bailey, husband ana wife.
• Mnn.?.????n/,??4nP.n n.qne.MMnM?nnMAM •
< R JOScF?! P. t,Y ?
NDTAft1' FUELIC-NIYNESOTA
CA+C aCGJ^+TY
.,,,.Ai1'COnlm Eo.p'eeAeb.31994vY
No y ublic
5TATE OF MINNESOTA)
) ss.
COUNTY OF 0"rA)
The foregQing instrument was acknowledged before me this /?'f`'
aay of _io"19-cr , 1989, by Craig Rrueger and Dianna
Rrueger, h sband and wife.
.AA,',PA%1?JA,'A1 ,. .,?' I l 1.,,,l,-,? . ?
JG Fi P. E? ?d ?!Y
. ..j' NGinftl PJ:.'_!C-bIhJESC'A
DAKC,??OWIr, a Publ c
tey Cor..m. Exptresl.ug.3, 1994 1
. !1 . J'/Vl .':`/JV"VJV •
-4-
STATE OF MINNESOTA)
COUNTY OF a?) ) ss.
The foregoing instrument was acknowledged before me this T-41
day of _ 6c: , 1989, by Clarence Renville and
Elaine Renv lle, husband and wife.
? ?. . -.:.'.'.r.':i.i.'.'?/:.: /.: :. ..n..r.?..?`r i n??•./?/?l..h 1
JCSIE?H P. Ef,4LcY '
-. kGT„ r F? IC-t!1'.L'iESOTA ?
FI . q Cpl1YTY
M1f'i
• \? v y. :'iv: : . . .. ..'. `.'.': N-: : VJJ •
\
No ry ubl ic
STATE OF MINNESOTA)
) ss.
COUNTY OF )'-'?,LLaia,)
The foregoing instrument was acknowledged before me this ?
day of , 1989, by Walter V. Nelson and
Delores A.rNelson, husband and wife.
. _,..-.n ',r.i"?.i.nS/.n?r,N,Pf?d.• ^/NM/M •
? !CSE°' P. E..:LEY
` .: NO7A'1' Fl'e!IC-HIN6ESOTA
i 1CAHC ACJJNTV C7
? Idy G,m. L.F ras Pu?,. 3, 1994
...-.:??,,,." :.,-,v.VV.•:V:'.V,,,,VVVV, Nota P lic
THIS INSTRUMENT WAS DRAFTED BY:
McMENOMY & SEVERSON, P.A.
7300 West 147th Street
P.O. Box 24329
Apple Valley, MN 55124
(612) 432-3136
JPE
-5-
BRHIBIT A
!litchell and Vicki Knoll Property: Lot One (1), Carlson Acres,
except:
Beginning at the northwest corner of Lot 1, then east on the
north line 110.00 feet, then south 3010120" west 200.31 feet to
the south line of Lot l, then west on the south line 123.00 feet
to the southwest corner of Lot 1, then north on the west line of
Lot 1 201.44 feet to the point of beginning. (P.I.N. 012-00)
David and Debora Bailey Property: The west 90 feet of Lot Two
(2), Carlson Acres. (P.I.N. 022-00)
Craig and Dianna Rrueger Property: Lot Two (2), Carlson Acres
except for the west 90 feet. (P.I.N. 021-00)
Clarence and Slaine Renville Property: Lot Three (3), Carlson
Acres. (P.I.N. 030-00)
walter and Delores Nelson Property: Lot Four (4), Carlson
Acres. (P.I.N. 040-00)
E 9 1/4. S ECe 28 9 T. 27 , R*23 ?
I.E. I/4 ?_-'E:..21.T 27.13 .?a ' i
PARCBL 2B ?
? STATE ?.,.. ' AID :CNWAY"° - - ? - ? i
?-- /I ? l3L.3' ..TO I!O .e ,a. .\• ? « ;
1
y F MN ? 1 1? : ?\ .
: ? ?? ?_ ' . . ? U/Z-00 02wZ?- 021-
s V ra M 4011 y?i 1 wM
? _^ I 1
. ER ?• , ;
123' .l9t?IO`
9 ?? 11 M ? 7 r ? '
Wl ` ?L O ?f ?, ' ''?'y?` .• ? •' 8 0 Li? !
PONO
,...?, x ? ? ? k .... ; ..» , ° a• V
,. , .?
•3
A i r ?r a w r
? m Z9 Q Mn? ?
GE?` Y ;
? \?\ /,?_' °??y?.? •
?. ? ? ?? a S16FRID sl, STREET Q ?
'? ??y _ ' ,?? . ?' ,? 11 „ ' , ?? ? i ? '• ? I
?
•
" +4 Right-of-vay to be vacated for street purposes is described as follows: I
? CLEM
All of parcel 2B as shown on Dakota Countp Road Right-of-Way Plat Map No. 26
COURT
?? ?{~`?,?Y ? (County Road 30 - Mffley Road), according to the recorded plat thereof, Dakota ?
County, Minnesota. ,
R
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`'' ?i _^ ''?s?°????.y??//? ? r ? ? q ? N . .
? • 1/4 SEC.28,T 27 , R023 ? ??R CWINTI YIMM ?
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StATE.."" 3 AIO ? 'I !... .:??.'..°'? m
taueora aouNn wAo Riox ' or wn w?? Mo. 26 s MA
7or *o
? ? ? ,,,» ? i ?? oIZ"'OO ? i \ N
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s ? q0/f ? 00 00 s • ?. ._.
4? n ..
`- ? ? • ' . /23, AMMW
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? .. m
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Zi z ? • ~? rw ? M r
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??? ? ??"?- ? ? ? '^?' i ? ¦ S16FR10 sl STNE N
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WCK `? 1 • a
CLEM ? . ? t HEM?.?y
COURT? CIRCLE?J
w 0
n ? '+wr :we •i"Y ? • ? 1 i a ?t:. I » 080-00 < m
•.a•M. n ' V 47,j ?
/ j
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co
CJ
PRIVATE ROAD EASElfENT AND MAINTENANCE AGREEMENT
WHEREAS, the undersigned are all owners of parcels of real
pzoperty abutting.a ptivate driveway over and across a strip of land
located in the north half of the northeast quarter of the northeast
quarter of Section 28, T27, R23, County of Dakota, City'of Eagan,
State of Minnesota, such private driveway being more particularly
described in Exhibits A and A1 attached hereto and made a part hereof
(the "Driveway"); and
WHEREAS, the Driveway is not considered a City improvement nor a
public thoroughfare but rather a common private road; and
WHEREAS, because the Driveway is a common private road, neither
the City of Eagan nor the County of Dakota will maintain said road;
and
WHEREAS, the undersigned, all owners of parcels of real property
abutting the Driveway, including an ownership interest in the
Driveway, desire to create an easement over the Driveway for and.on
behalf of our adjacent neighbors; and
WHEREAS, the undersigned, all owners of an interdst in the
Driveway, desire to create a maintenance agreement in conjunction
with an easement.
NOW, THEREFORE, in consideration,of the foregoing, the
undersigned, owners of parcels of real property situated in the City
of Eagan, Minnesota, which is more particularly described in Exhibit
B attached hereto and made a part hereof hereby agree to the ,
following easement and maintenance agreement:
EXHIE3IT C
1. Each of the undersigned hereby grant and also receive an
easement over, under and across the Driveway.
2: That all abutting property owriers shall share the expenses
and costs of maintaining this easement for road purposes. Maintaining
the easement shall be defined to include, but not limited to,
blacktop or paving, gravelling, snowplowing, or any other necessary
thing to maintain the Driveway as a private road. All actions taken
to further this maintenance shall be by majority vote; one vote per
parcel of real property.
3. That the costs and expenses of maintaining the Driveway shall
be allocated 208 to each parcel of real property.
4. The parties mutually reco9nize and agree that all terms and
conditions of this tecordable agreement shall run with the land
herein described and shall be binding upon the heirs, successors,
administrators and assigns of the owners referenced in this
agreement.
5. The easements and covenants granted herein shall be subject
to amendment, release or termination only by the unanimous agreement
of the parties, their heirs, successots, administrators or assigns
and in the absence of such amendment, release or termination shall
remain in effect perpetually. Notwithstanding anything herein to the
contrary, no amendment, release or termination of any of.the
easements and/or covenants set forth herein shall be effective or may
be filed of record unless the City of Eagan consents to the
amendment, release or termination. Such consent must be evidenced By
a resolution duly approved by the City Council, or successor body,
-2-
unless the City Attorney for the City approves in writing an
alternative format to evidence that consent. The parties expressly
acknowledge and agree that the City has no obligation whatsoever to
.
approve or act upon any proposed amendment, release or termination,
and may withhold or delay consent for any reason or no reason
whatsoever, ot may condition consent upon such terms as the City
deems desirable, it being the City's absolute right and prerogative
to insist that the easements and covenants granted herein remain in
effect and unaltered and to permit amendment, release or termination
only at such times and under such circumstances, if any, as the City
deems desirable in the exercise of its unfettered discretion. Each
party further agrees and covenants, consistent with this
acknowledgment, not to institute any legal proceeding against the
City of Eagan on the grounds that the City failed to respond
appropriately to a proposed amendment, release or termination, and to
indemnify the City of Eagan against any expense, including litigation
costs, which the City incurs as a result of any violation by that
party of this covenant. The City may, at any time, give up the right
of approval granted hereunder, said action to be evidenced by City
Council resolution or other format approved by the City Attorney.
Notwithstanding anything hezein to the contrary, the Easement
Areas shall not be deemed dedicated to the public or otherwise public
land, and the City of Eagan shall have no obligation and no right,
not otherwise existing, independent of this Agreement, under the
ordinances, statutes and other laws under which the City operates,` to
maintain or administer the,Easement Areas.
-3-
6. This agreement shall be recorded with the Dakota County
Recozder so as to ptovide notice to the owners. The owner shall
provide and execute any and all documents necessary to implement the
recording of this agreement.
Dated this day of 1989.
61.)
Mitchell Vicki Rnoll
?
1
David A. Bailey
0 oh-? A"a
Debora Bailey
?
t,rzrig Kru g r?
Dianna Krueger
I
(Ii1
Clarence Renville
eag?z?-
Elaine envill?e
/,n
arfer V. Nelson
-4-
Q /?6?
Delores A. Nelson
STATE OF MINNESOTA)
) ss.
COUNTY OF ?)
The foregoing instrument was
day of b? , 198,,
husband an wife.
acknowledged before me this q'p'1
by Mitchel W. Snoll and Vicki Rnoll,
. An„ ?tiw.nAAnnn.v.ti+nnnnn.
JOSEPH P. EARLEY
?
NOTART PU6LIC-NIMNESOTA
DAKO7A COUNTY
My Comm. Explras Aug. 3. 1994
?
N a Public
ify •
STATE OF MINNESOTA)
) ss.
COUNTY OF ?)
The foregoing instrument was
day of fy.$cntbcr , 198q,
Bailey, hu band and wife.
acknowledged before me this .5_?
by David A. Sailey and Debora
M?A??AnAAMI AAAMMMA?? •
JOSEPH P. EARLEY
NOTARY PUBLIC-MINNESOTA
?
UAROTA COVNTY
My Comm. Explre1 Aug, 3, 1996
?VWWWWVWN/VW`/wWVwvVyyyyyyV y
STATE OF MINNESOTA)
) ss.
COUNTY OF or )
Lim P
N U-"" ar Public
The foregoing instrument was acknowled9ed before me this /5"'
day of Mbv _, 1981, by Craig Krueger and Dianna Krueger,
husband an wife.
• N?AMMn?MM?FMMnMAnMnMM?M • l
iJOSEPH ,?ut?., P.EARLEY ?
?i?`^?. NOTARY PUBUG-MINI7ESOTA a 4/eyPubl ic
?:;allj o?KOrecouarv
My Comm. Eaplias AuC• 3, 1994
• vW?V Wv`/W W V W`/VVVWJW W`/W V V W?
-5-
STATE OF MINNESOTA)
) ss.
COU,NTY OF I?JA-zu
The foregoing instrument was acknowledged beford me this
day of SeD?tµb-or , 198q, by Clarence Renville and ETaine
Renville, h sband and wife.
`^^^^^^^^^^n^^nnntiu,nnnnnnnnnnnnnnn.
f. JOSEPH P. EARLEY . ,
?ccc
to'tt MOTARY PUBIIL-MINNESOTA
?
?UAkOT?COl1nTY N t IY PUb11C
My Comm. Expiret ?ug. 3199{
M ?VVVVVVVVVVVVyyVVWyyyyyyy•
STATE OF MINNESOTA)
) ss.
COUNTY OF attg;? )
The fo egoing instrument was acknowledged before me this r?
day of S?yo' , 198q, by Walter V. Nelson and Delores A.
Nelson, husband and wife.
5,^^^^nnnnnnnnnnnn^^^nn'?nnnnnnnnnnnr
2,:?- *aa- JOSEPH P. EARLEY
$?; NOTAflY PUBLIC-NIHNESOTA ?
? DqKOTA COUNTT
e My Comm. Eapir<. A?g, 3, 1994
'wvwvwvvvwwvwvwvvvwvwvwv.
l'"
No ry Publ ic
THIS INSTRUMENT WAS DRAFTED SY:
McMENOMY & SEVERSON, P.A.
7300 West 147th Street
P.O. Box 24329
Apple Valley, MN 55124
(612) 432-3136
J PE
-6-
EXHIBIT A
A 20' wide private driveway located adjacent to and south of a
line described as follows: '
Beginning at a point located 349.0 feet west of the N.E. corner
of Section 28, T.M, R.2.32 thence continuing west along the
north line of Section 28 a distance of 461.50 feet and there
terminating.
Also a 30' wide access driveway centesed over a line described
as follows:
Commencing at a point located 467.7 feet west of the S.E. corner
of Section 21, T.?.1, R.M thence north a distance of
approximately 35 feet to the south line of County Road 30 and
there terminating.
f
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`: ?.
EX9IBIT B
Rnoll Property: Lot One (1), Carlson Acres, except:
Beginning at the northwest corner of Lot 1, then east on the
north line 110.00 feet, then south 3010120" west 200.31 feet to
the south line of Lot 1, then west on the south line 123.00 feet
to the southwest corner of Lot 1, then north on the west line of
Lot 1 201:44 feet to the point of beginning.
Bailey Property: The west 90 feet of Lot Two (2), Carlson
Acres.
Rrueger Property: Lot Two (2), Carlson Acres except for the
west 90 feet.
Renville Property: Lot Three (3), Carlson Acres.
Nelson Property: Lot Four (4), Carlson Acres.
906597
;
PRIVATS ROAD EASEMENT AND MAINTENANCE
WHEREAS, the undersigned are all owners of parcels of real
property abutting a pxivate driveway over and across a strip of land
located in the north half of the northeast quarter of the northeast
quarter of Section 28, T27, R23, County of Dakota, City of Eagan,
State of Minnesota, such private driveway being more particularly
described in Exhibits A and A1 attached hereto and made a part hereof
(the "Driveway"); and
WHEREAS, the Driveway is not considered a City improvement nor a
public thoroughfase but rather a common private road; and
WHEREAS, because the Driveway is a common private road, neithex
the City of Eagan noz the County of Dakota will maintain said road;
and
WHEREAS, the undersigned, all owners of parcels of real property
abutting the Driveway, including an ownership interest in the
Driveway, desire to create an easement over the Driveway for and on
behalf of ouz adjacent neighbors; and
wHEREAS, the undersigned, all owners of an interest in the
Driveway, desire to create a maintenance agreement in conjunction
with an easement.
Na+l, THEREFORE, in consideration of the foregoing, the
undersigned, owners of parcels of real property situated in the City
of Eagan, Minnesota, which is more particularly described in Exhibit
B attached hereto and made a part hereof hereby agree to the
following easement and maintenance agreement:
IF
1. Each of the undersigneci hereby grant and also receive an
easement over, under and across the Driveway.
2. That all abutting property owners shall share the expenses
and costs of maintaining this easement for road purposes. Maintaining
the easement shall be defined to include, but not limited to,
blacktop or paving, gravelling, snowplowing, or any other necessary
thing to maintain the Driveway as a private road. All actions taken
to further this maintenance shall be by majority vote; one vote per
parcel of real ptoperty.
3. That the costs and expenses of maintaining the Driveway shall
be allocated 20% to each parcel of real property.
4. The parties mutually recognize and agree that all terms and
conditions of this recordable agreement shall run with the land
herein described and shall be binding upon the heirs, successors,
administrators and assigns of the owners referenced in this
agreement.
5. The easements and covenants granted herein shall be subject
to amendment, release ot termination only by the unanimous agreement
of the parties, their heirs, successors, adrninistrators or assigns
and in the absence of such amenchnent, release or termination shall
remain in effect perpetually. Notwithstanding anything herein to the
contrary, no amendment, release or termination of any of the
easements and/or covenants set forth herein shall be effective or may
be filed of record unless the City of Eagan consents to the
amendment, release or termination. Such consent must be evidenced by
a resolution duly approved by the City Council, or successor body,
-2-
unless the City Attorney for the City approves in writing an
alternative format to evidence that consent. The parties expressly
acknowledge and agree that the City has no obligation whatsoever to
approve or act upon any proposed amendment, release or termination,
and may withhold or delay consent for any reason or no reason
whatsoever, or may condition consent upon such terms as the City
deems desirable, it being the City's absolute right and prerogative
to insist that the easements and covenants granted herein remain in
effect and unaltered and to permit amendnent, release or termination
only at such times and under such circumstances, if any, as the City
deems desirable in the exercise of its unfettered discretion. Each
party further agrees and covenants, consistent with this
acknowledgment, not to institute any legal proceeding against the
City of Eagan on the grounds that the City failed to respond
appropriately to a proposed amendment, release or termination, and to
indemnify the City of Eagan against any expense, including litigation
costs, which the City incurs as a result of any violation by that
party of this covenant, The City may, at any time, give up the right
of approval granted hereunder, said action to be evidenced by City
Council resolution or other format approved by the City Attorney.
Notwithstanding anything herein to the contrary, the Easement
Areas shall not be deemed dedicated to the pnblic or othe naise public
land, and the City of Eagan shall have no obligation and no right,
not otherwise existing, independent of this Agreement, under the
ordinances, statutes and other laws under which the City operates, to
maintain or administer the Easement Areas.
-3-
6. This agreement shall be recorded with the Dakota County
Recorder so as to provide notice to the owners. The owner shall
provide and execute any and all doctments necessary to implement the
recording of this agreement.
Dated this Y" day of ,SrT?±M?61*-r , 1989.
?_1?'?? ?? ?
Mitchell W. Knoll
? ? i
icki Rnoll
L . ? /;-/ , 4
David A. Bailey
40,
Debora Bailey
Craig KruA?er
\%
?.
Dianna Krueger
?..C" D .. _, i?
Clarence Renville
E aine Renville
,
?
er v. el-son
-4-
Delores A. Nelson
STATE OF MINNESOTA)
) ss.
COUNTY OF ?)
?
The foregoing instrument was acknowledged before me this 5_
day of S?Jmd , 1981, by Mitchel W. Rnoll and Vicki Knoll,
husband and wife.
• P.4AAAA?MAh1MAhMnM/NA^P.AM? •
< . `
< ???JOSEPH P. EARLEY c
<,. ?
.tt A_? NOTARY PUBLIC-MINNE507A s
< ?'l1R DAKOTN COUNTY Z
? My Co m E pires Rvg. 3, 1994
' •. -- . 1 ..V..r'."l'IVVV•
STATE OF MINNESOTA)
) ss.
COUNTY OF ?)
l
mAtarly Publiec
'0
The foregoing instrument was acknowledged before me this L"'
day of ?5,rk?"-bd , 1989, by Davici A. Bailey and De6ora
Bailey, hisband and wife.
• AMI.M?MhMnMAAMAMM?AM •
JOSEPH P. EARLEY I
?.
- .NO7A0Y PUBLIC-MINNESOTA
???
? -y?.,?onrcora couNTr
< My Comm. Ezpires Au6. 3, 1996
• V\'WVVV•: bC?-V . JVVWVVWVVVWVWVVW r
STATE OF MINNESOTA)
) ss.
COUNTY OF )
P
N ry Publ ic
The foregoing instrument was acknowledged before me this 1'6_&VM
day of S,,?S.J , 1989, by Craig Rrueger and Dianna Krueger,
husband and wife.
r:?:.._.._.....?:?..:?n^.?.,::.?.^.n•.r.r?M.N.PNNV /? !
? a
kCT:! ,.-ifii:rESO;a ? N t r Public
? vr."? G?:::.y= -OOryTr
?
.. M1tl'C:AU].1934
-5-
STATE OF MINNESOTA)
) sS.
COUNTY OF k )
The for_Jegoing instrument was acknowledged before me this 944"
day of _?MnTtMb? , 1989, by Clarence Renville and Elaine
Renville, h sband and wife.
• n.:n -„NnMw,nnnnA.+nnnnnnn.nf.4nMMAnn •
< ? s JOSEPH P. EA
RLEY
NM
NOTARY PUBUC-NIESOTA
?
DRKOTACOUNiY
Z My Comm. Ezpires Au6• 3, 1996
t VVV`J?V'JV'?4'VVVVV\'JV'?V'V"'IV'NVVVVV;
N ar Public j
STATE OF MINNESOTA)
) ss.
COUNTY OF AbAfg?_)
The foregoing instrument was acknowledged before me this ?
day of __.Sedf?tzZt/ , 1989, by Walter V. Nelson and Delores A.
Nelson, hdsband and wife.
• 11?,MAnAAMMhMM1A4AMAAAAnryAMhM •
JCSEPH P. EARLEY ?
NOTAqY PUBLIC-MINNESO7A < DAKOTA CCUNiY
My Comm. EnOires Aug. 3, 3994 tar/y Publ 1C
•'v JVV:"? v':': `: !'?vV J??': rV'J':': V?VV'?VV?'VVV •
THIS INSTRUMENT WAS DRAFTED BY:
? McMENOMY & SEVERSON, P.A.
7300 West 147th Street
P.O. Box 24329
Apple Valley, MN 55124
(612) 432-3136
? JPE
-6-
,
E%HIBIT A
A 20' wide private driveway located adjacent to and south of a
line describea as follows:
Beginning at a point located 349.0 feet west of the N.E. corner
of Section 28, T.22n, R.2,U thence continuing west along the
north line of Section 28 a distance of 461.50 feet and there
terminating.
Also a 30' wide access driveway centered over a line described
as follows:
Commencing at a point located 467.7 feet west of the S.E. corner
of Section 21, T,M, R.23JJ thence north a distance of
approximately 35 feet to the south line of County Road 30 and
there terminating.
,, •
;
.
;
EXHIBIT B
i
Rnoll Property: Lot One (1), Carlson Acres, except:~;
?
t ?
Beginning at the northwest corner of Lot 1, then e?sti oq the
north line 110.00 feet, then south 3010120" west 2ff0. ltfeet to
the south line of Lot 1, then west on the south line 123.00 feet
to the southwest corner of Lot 1, then north on the west line of
Lot 1 201.44 feet to the point of beginning.
Bailey Property: The west 90 feet of Lot Two (2), Carlson
Acres.
Rrueger Property: Lot Two (2), Cazlson Acres except for the
west 90 feet.
Renville Property: Lot Three (3), Carlson Acres.
Nelson Property: Lot Four (4), Carlson Acres.
.
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CITY OF EAGAN Remarks4, ^ &A?-G I
Addition CA RLSON A(,`FZES Lat 4 Blk
Owner !-''; '"I" ? Street 4205 PilOt KriOb Rodd
State Ea4an. MN 55122
_ ImOrovement Date Amount Annuai Years Payment Receipt Oace
STREETSUFF.
STREET RESTOR.
GRADING
SAN SEW TRUNK 2-t,j 1973 ?.7$. 00 8. ?5 20 Paid
- 3$ SEWER LATERAL tU ' ' 77
WATERMAIN
's`tt;*•. WATER LATERAL '?Sg 1977 2 1.OO Z 1 O ?.O 2173,50 --77
WqTER AREA 7,3r,
_ ?., 1977 ],6Q QQ 10 66 15 149-34 10
--
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30o--2 s= aas
as
WAIVER OF HEARING
REQUEST FOR UTILITY IMPROVEMENTS
I/Ve hereby request of the Village Council, Village of Eaganp
Minnesota, utility improvements on and over property owned hy me/us as
follows: (Mention type of improvearento e.g, water, sanitary sewer, etc.)
The location of sa3d utility improvements sha11 he generally as follows:
CABI,50N ACRES Lot 49 Parcel 10 16400 040 00
300 feet county road #30
200 feet Pilot Xnob Road
500 feet -. 150 feet cor lot allowance = 350 £eet, by 6.90 =$2415.00
water area $160.00
I/S^?e hereby waive notice of atty and all hearings necessary for the
installation of said improvements and further consent to any assessments
necessarily levied by the Village of Eagan for such improvements.
I/Ve further agree to grant to the Village of Eagan any easements neces-
sary for the installtion of such improvements.
It is fnrther understood that this request shall be reviewed by the
Village Council of The Village of Eagan or its agent and I/we will be given
reasonable notice as to whether this request is possible under present
utility planning as to timing, location, etc.
i Dated: .T,,i y 7 q,r 1976 _ 2
?
/J adc'rres's
i'equest accepted by ?.?6?e Date 7- ;L-7- -7?
Village of Eagan ,
Request referred to Village Engineer: D:te
Copies: 1. Village
2, Village Engineer
3. Applicant
auly Za, 1976 ..
II
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Dir. Waltar Naleon ,
4205 Pilot Rnob Road • . -
Eagan, Minneaota 55122
?
? Dear Mr. Nalson:
?
?
Ths Eagan Aaeeesmeat Coamnittes saviewed aad deaied your
? requeat to pay the vater 1aternl bnnefit on one side of your
I J' property only at the 2975 rate. Thle r1].1 heve to be
chargad ou both eidea lesa the corner lot allovaace of 150'
?
i which would be 350' at $6.90 a foot for a total eaeasemant
r of $2415.00.
;.' The City doea allow you to meke a partiel payment and chen
f assess the balanca vhich could then be paid off at any time
in ehe future you ao deeire. A vaives of Eearing foem ie
eacloeed for your eonvemimce if you viiA to follrnr through -
on thie. .
1 VexY truly youra,
? . . . . . . .. . .. . , ..
.
,.xs+` f .
? (Mra.) Alyce Bolke
i Clark - City offEagaa
?
, AB:ekk , .
,
? Encloeure
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Walter Y., lAelson
4205 Pilot':%nob Rd.
Eagan, Mn.? 55122 -..< 3ept.1977 '
. ..
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. ' .:Y..
. . " . . . . R.a:. . . , ' .. .
Mr. Tom Hedges •,::. : . -=a , ,
Administrater
City: of Eagan •. „ ,., ,
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Dear lKr. Hedges:
•
`This~letter is in regards to special assessment for sewer
Carlson Avres: I believe I' am being unjustly saseased accord- k
in to mei bbori
g g ng property;owners.
At the public hearing jthat was held on thia project, I was ?
assured by city eng. Mr._Rdsene that itt'no way,would 3 be aeaessed
more than 200 'ft. oY ;sewer? lateral. J'?em being asaessed "Por
350 ft., Mr. $osenes reasofiing ie that`I have two aeperate services `
stubbed into my property LahereYor I'13hould poy fer add. 150 St. - ?
of lateral,°when actually'I have less"than 200.Pt: f
>... , ._ . . . . _ ..?4_.-:. z .._ ., . , . '. .- ...-..
'When the sewer lateral was instal:led, I thought as long
as I had to pqp Yor 200 ft, ft made no""difference which side of
property :itTwas?instalIed on. I_hsve approximately 135 ft.'on -
7le4y1?.IS:?ryi,, .,.,,..i_.7t/I?a :_ .i _.... _ `:il??'t::t:1'(-;L ?a _ _ ,;:,??iicsf, i=;,.?1 I
1 ? ii / bi:? ENTS
?'
ca .y .. . ,...f .?,..,c? -?_?c:•n:i ?.,. \ . .._ r-rc:,._,£.u._.?? ?t.1.11';:i . :-• ? ?I_r-:< <??,.- uyi„A;.
,_F EiG.tFi.._
1;;lPf:'i7Y ',.L;,. ? u-?_:? I._ ?_i ?_? iI l
? "'. 0.:%it'7i"?, ., . _ _?3F,E;:'t!?!_ FLr=aE;:r,------
,_,.1,.7i;`{5 I)Glf.{; .._. ...,.....? . --,?:-. .? . ,.....::? ,-.,
f ;: ,..,?...,-....9..... 0
j {j_...1 64t>0-040-Oi;
S.:=1.f F'iaSE::SiiSI°II:N1' UE'.iiC.'(in `yi;' Y!•:iY RA7_LC 7tJ:'7AG. rah.ll',I.i=i2.7h!, f'AY;"lfF i'_f.:l°YI°IEIti!
1pP466 PIL..v+l P:::P.IF7r: (KD (:c) ti
Sl.ll'11°7AliY :'1=' F7( 7It1L'
:H7S YEAR'S Tf.'i I'&i
SlJ"H"I:i/?Y OF PEp.,ID.1N6ii
l
0':: 7:J:?ir.ir.t. . Ot.; I_i _ .i=.??1.V_ ..U 13800.00 .'n'..
kt. A
13800,. 00 .I"Si;(>. 0t:r
PrnSs !".Y o1" . . ?- ?. .? C11•.. Y/ ?......: 1,/e'.?_-'t'.c:t't. R768.)
t"' CI...It_??3cYi=F.. Y'rsl'"i.'r
Appraisal of:
NELSON PARCEL
PROJECT NO. 466
PILOT KNOB ROAD
EAGAN, MINNESOTA
1
? PXs'sancti o
oates ,nc.
J.E.
' Commercial and Industrial Aealtors
Appraisals fteal Eetate Development
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December 19, 1990
' Mr. Joseph P. Earley
600 Midway National Bank Building
7300 West 147th Street
' Apple Valley, Minnesota 55124
RE: Nelson Parcel
' Project No. 466
Dear Mr. Earley:
t Pursuant to your request, we have appraised the subject
property captioned above in order to determine the market
value of the property prior to the improvements associated
' with Project No. 466 which are proposed to be assessed by the
City of Eagan. We also have determined the value of the
property after the improvements have been installed and as a
' result, determined the increase in property value resulting
from these improvements. We report the following values;
Market Value before $36,000
t Market Value after 52,000
Value Increase 16,000
' The City has proposed to assess the property for $10,348.35
for the installation of storm sewer utilities. This is less
than the change in value to the subject property attributable
to the improvement project. Therefore, it is my opinion that
' the market value of the property has increased sufficiently to
warrant the assessment.
, It has been a pleasure to serve you. Should you require any
further information, please feel free to call.
' Respectfull uted, , a4000034 S.R.P.A.
Appr i ser
' MSP/sah
3914 Cedarvale Drive • Eagan, Minnewta 55122 • 612•454-16M
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TABLE OF CONTENTS
Paae
Property Description 1
Date of the Appraisal 1
Purpose of the Appraisal 1
Property Rights Appraised 1
Ownership 1
Legal Description 1
Market Value Defined 2
Record Data 3
Plat Map 4
Location Map 5
Photos of Subject Property 6- 7
Metropolitan Area Description 8-10
City and Neighborhood Data 11-12
Neighborhood Description 13
Site Description 14
Highest and Best Use Defined 15
Highest and Best Use Analysis 16
Market Data Approach to Value 17-25
Analysis of Value before Improvements 26-27
Value after the Improvements 28-32
Correlation and Conclusion 33
Certificate 34
Limiting Conditions 35-36
Appraisal Qualifications 37-38
Addendum
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PROPERTY DESCRIPTION
The subject property is a 1.5 acre parcel located in tbe southwest quadrant of the
intersection of Diffley Road, County Road 30 and Pilot Knob Road, County Road 31.
The property is addressed as 4205 Pilot Knob Road, Eagan, Minnesota.
This appraisal is completed the 17th day of December, 1990.
DATE OF THE APPRAISAL
PURPOSE AND FUNCTION
The purpose of the appraisal is to determine the market value of the subject property
prior to the installation of improvements under Project 466 installed by tbe City of
Eagan and County of Dakota. In addition, the appraisal is to determine the value of
the property after the installation of utilities. As a result, the appraisal will determine
the value change, if any, resulting from the improvements.
The function of the appraisal is to determine the validity of a proposed city assessment
for the installation of storm sewer to serve the site.
PROPERTY RIGHTS APPRAISED
The property rights appraised consist of the fee simple interest unencumbered by any
easement or mortgage.
OWNERSHIP
The property is currently owned by Walter and Michael Nelson.
LEGAL DESCRIPTION
The property is legally described as Lot 4, Carlson Acres, Eagan, Minnesota.
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' MARKET VALUE DEFTNED
' Fair market value, or alternately, most probably selling price, as estimated in this
valuation report, conforms to the following definitions;
' "Market value is defined as the estimated price, in terms of U. S. Dollars, which a
property should bring in a competitive and open market under all conditions requisite
to a fair sale with the buyer and seller each acting prudently and knowledgeably and
, presuming the price is not affected by undue influence.
Implicit in this definition is the consummation of a sale as of a specified date and the
, passing of title from seller to buyer under conditions whereby;
1. Buyer and seller are typically motivated.
, 2. Both parties are well informed or well advised acting in what they consider
their own best interests.
, 3. A reasonable time is allowed for exposure in the open market.
4. Equity payment is made in cash or its equivalent.
5. Financing, if any, is on terms which are specifically enumerated within this
' report.
6. The price represents a normal consideration for the property sold based upon
the appraiser's analysis of the current econosnic environment and its effects
' on equity yield demands exclusive of any special services, fees, costs or credits
except those which may be defined within this report.
, Altemately ... the highest price in terms of money which a property will bring in a
competitive and open market under all conditions requisite to a fair sale, the buyer and
seller each acting prudently, knowledgeably and assuming the price is not affected by
' undue influence." (1)
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(1) Adapted from "A Critique of the Definition of Air Mazket Value:, by Harold D.
' Albritton, MAI, "The Appraisal Journal", April, 1980.
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Property Identification No.
1990 Real Estate Taaces:
Assessments:
1990 Assessor's Market Value:
RECORD DATA
10-16400-040-00
$2,098.42
None
$ 28,000 (Land)
103.600 (Buildings)
$ 131,600
The properry was assessed in 1972 for sanitary sewer trunk, 1976 for water area and
water lateral, 1977 for sanitary sewer lateral and in 1980 for storm sewer trunk for a
portion of the site.
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METROPOLITAN AREA DESCRIPTION
The Minneapolis-3t. Paul area, commonly called the Twin Gities Meuopolitan Area,
includes Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counues in
east-central Minnesota.
Population and Growth 1Yends
As indicated by the table below, the Twin Cities Area experience strong growth in
population from 1960 to 1970. Thereafter, the population continued to increase in five
of the seven counties but at a slower rate. Hennepin and Ramsey Counties experienced
small losses in population because of the continuing migration of residents from the
core cities of Minneapolis and St. Paul to the more spacious suburban communities.
Since 1980, the population has increased in all seven counties. The greatest rate of
growth has been experienced by Dalcota and Scott Counties, 30.7 percent and 28.0
percent, respectively, while Hennepin and Ramsey grew by 6.4 percent and 3.5 percent.
The rate for Anoka, Caroer and Washington Counties ranged from 17.2 percent to 21.7
percent. In terms of numbers of residents, the largest growth has occurred in Anoka,
Dakota and Hennepin Counties.
POPULATION GROWTH
% 8 1988 8
1960 1970 Change 1980 Change Pop. Change
Countv CensUS Census 160 70 Cenaus '70 80 Ests. '80 87
Anoka 85,916 154,556 79.98 195,998 26.8% 229,770 17.2%
Carver 21,358 28,310 32.5$ 37,046 30.98 44,974 21.48
Dakota 78,303 139,808 78.5b 194,279 39.08 254,017 30.7%
Hennepin 842,854 960,080 13.96 941,411 -1.98 1,001,198 6.48
Ramsey 422,525 476,255 12.78 459,784 -3.58 476,089 3.58
Scott 21,909 32,423 48.08 43,784 35.08 56,027 28.08
Wash. 52,427 82,948 58.28 113,571 36.98 138,246 21.78
Totals 1,525,292 1,874,380 22.98 1,985,873 5.98 2,200,321 10.88
In conclusion, the movement of population is out of the central cities and older
neighborhoods and suburbs to the developing suburban areas, with the westem
Minneapolis and western Dakota County localities of the metropolitan area showing
the greatest gains. .
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' The Economv
' The Twin Cities azea economy is highly diversified between manufacturing, wholesale
and retail trade and service industries.
' Manufacturing
Unlike certain other metropolitan areas, this one is not dependent upon a single
employer or industry which dominates the market. T'here are over 3,200 manufacturers
' in the Twin Cities area representing such fields as electronics, milling, machinery
manufacturing, food processing and graphic arts. And•yet, the two largest companies -
Honeywell, Inc. and 3M - employed only 3.1 percent of the labor force, and the ninety-
' five largest firms accounted for only 22.0 percent.
Wholesale and Retail Trade
' Minneapolis and St. Paul together form the largest metropolitan area between Chicago
and Seattle. As such, it serves as the principal distribution center for the Upper
Midwest and a substantial portion of the Northern Great Piains.
' Service
s
' Another major source of commercial activity is the service sector which offers financial,
communications, medical and legal support to the rest of the economy. In Hennepin
County alone, this single group accounts for over 113,500 jobs.
, Transportation
The Minneapolis-St. Paul area is the transportation hub of the Upper Midwest.
' Rails: Siz railroads serve the area including the Soo Line; the Burlington
Northern; and the Minneapolis, Northfield and Southem which aze based
' in the Twin Cities.
Truck: Over 150 truck lines operate in this area with many being
' interstate carriers serving all points of the United States.
' Highways: The major east-west highway through the area is Interstate 94
which Interstate 35 serves as its north- south counterpart. In addition, the
Twin Cities is efficiently served by an Interstate beltline system.
, Air: The area is served by thirteen national and six commuter airlines
offering both passenger and cargo service through Minneapolis-St. Paul
' International Airport. Exclusive cargo service is provided by ten
additional airlines.
' Bus Lines: There are three interstate and five intrastate bus lines
offering service in the Twin Cities area. .
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' Barge Lines: There are over fourteen barge lines serving the azea. Total
' commodities carried exceed ten million tons annually.
Labor Characteristics
' The labor force here is well educated ranking second nationally in number of years of
school completed. Furthermore, the Armed Forces Qualifications Tests, which indicate
a person's ability to absorb and apply training received, have consistently resulted in
' Minnesotans being ranked among the top ten states in the nation. Combining these
traits with one of the lowest absentee records, approximately half tHe national average,
the Minnesata work force is considered to be high quality and dependable.
' nends in Economic Develoument
New development of virtually all types has been generally strong in many of the
, suburban areas whereas construction activity in the central cities of Minneapolis and St.
Paul has been primarily business office in character. The growth in the suburban areas
has been greatly influenced by the availability of zoned land, adequate utilities and
' convenient access to the highest system. The majority of this growth in suburban areas
has occurred in well designed business parks.
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CITY AND NEIGHBORHOOD DATA
Location
The City of Eagan is a third-tier community located in the northwesterly part of Dakota
County approximately ten miles South of Minneapolis/St. Paul. Eagan is bounded by
several suburban communities including Inver Grove Heights on the East, Mendota
Heights to the North, Burnsville to the West and Apple Valley and Rosemount to the
South.
Population
Eagan has led the population growth in the Twin Cities area since 1980 according to
Metropolitan Council figures. The Ciry has experienced a very dramatic population
growth as evidenced by the census 6gures of 10,398 in 1970, 20,700 in 1980 and an
estimated population in early 1990 of about 45,000.
' Eagan is one of the largest cities in Dakota County, second only to Burnsville. The
rapid growth rate is in part attributable to the availability of raw land for development,
' convenient freeway/roadway access and the community's favorable south-central
location in the metro area. Most Eagan families are two income households, and the
median age of the residents is twenty-eight years old. The rapid population growth has
' required the construction of several public schools in recent years including a 1,200
student high school, a middle school and additional grade schools.
' Transportation
Strong development demand in Eagan has occurred since completion of the I-494
bridge over the Minnesota River in late 1983 and the opening of I-35E in 1985 which
' dramatically improved vehicular access to both Minneapolis and St. Paul as well as to
the International Airport. The generally strong demand for land to accommodate new
commercial, industrial and residential development has resulted in significant increases
' in unit area land values in comparison to those which prevailed in the eazly 1980's.
' Major highways and freeways in the vicinity of the subject property include I-35E less
than one-quarter mile to the West, the Cedar Avenue (STH No. 77) about 1.6 miles to
the West and STH No. 13 less than two miles to the Northwest. The principal arterial
roadways in the immediate area include Diffley Road (County Road 30) about .4 miles
' to the North, Cliff Road (County Road 32) a near equal distance to the South and PIlot
Knob Road (County Road 31) less than one mile to the East. The access qualities of
1 Eagan and the subject neighborhood aze best described as good to very good.
Industries Businesses
' There aze a wide range of industrial and commercial businesses located in Eagaa
Prominent employers in the community include Blue Cross and Blue Shield of
Minnesota, Unisys Computer Services Division, West Publishing, Northwest Airlines,
' Coca-Cola Company and the U. S. Postal Service, among others. While development in
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t many Twin Cities suburban communities has been on the downswing in recent years,
' Eagan for the most part has been experiencing favorable growth and development.
One of the largest new developments has been the second addition to Cray Research
' located in the northeast comer of Eagan. A 60,000 square foot software training facility
has been completed, and either under construction of recently completed are a 200,000
square foot office building, a 174,000 square foot computer center and a 38,000 square
, foot commons building. West Publishing Company has undertaken a major
development project near Wescott Road and Highway 149 which includes a 117,400
square foot professional center. The West Publishing master plan anticipates eventual
' development of about 2.4 million square feet of office space phased in over a twenty
year period.
' An office development completed last year is the second phase of The Waters at 2900
L.one Oak Parkway. The development by L. A. Laukka Development Company may
, eventually total about 1.3 million square feet of office and warehouse space. Trammel
Crow Company has at least temporarily shelved their plans for a major second phase of
their Eagan Woods business office complex along I-494.
, Eagan has a wide range of shopping center and general retail development. One of the
newest developments is Rahncliff Crossings. There is a possibility that a major retail
' development company from Des Moines, Iowa may pursue development of a regional
mall in the vicinity of Dodd Road (Highway 149) and I-494.
? Residential Development
T'he vast majoriry of residential development over the past two years has been of single
family homes. According to a report by the Meuopolitan Council, Eagan was the
' leading community for the most single family pemuts issued during the third quarter of
1989 with 232. The total number of building permits issued for new single family homes
in 1989 was 575, down approximately twenty percent from the 723 buIlding permits
' issued during calendar year 1988. Multiple family residential development has been
very Iimited in recent years as will be discussed later in this appraisal.
' Many of the recently platted lots for single family homes are oriented toward "upscale
or high quaiity" housing which can be defined as homes selling for at least $150,000.
' The average valuation of a new single family home exceeds $110,000 in Eagan. Fueling
the demand for upscale housing is the limited number of desirable lots available in
Apple Valley, Burnsville and parts of West Bloomington.
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NEIGHBORHOOD DESCRIPTION
' The subject property is located on the southwest quadrant of the intersection of Pilot
Knob Road and Diffley Road. Both of these roads are high volume, through collector
' streets operated by Dakota County. Prior to the improvements, both roadways were
two-lane, rural section blacktop roads. The improvements reduced the elevation of the
intersection and installed four driving lanes and turn lanes with concrete curb and
' gutter, concrete islands, a signalized intersection and other miscellaneous utility
improvements required by the widening and reconsuuction of the roadway.
' The property surrounding the subject property to its South and West is entirely single-
family in nature. Carlson Acres Subdivision is one of the first plau in the area. Most of
the houses are in excess of twenty years old. Behind Carlson Acres, which was platted
, along the county roadways, is the Evergreen Parks subdivisions which were built in the
early 1970s.
, Northerly of the subject property across Diffley Road is the Knob Hill Professional
Park. This twenty acre development consists of several commercially zoned lots.
' Immediately on the corner directly opposite the subject is a multi-tenant building which
houses a dental clinic and real estate broker. Further into the commercial park is a
multi-tenant office building and a veterinazian's clinic. These aze the only lots which
' have buildings constructed on them. The commercial area was platted and available for
development approximately five years ago.
, The northeast quadrant of the intersection has been developed with approacimately
20,000 feet of a shopping strip, convenience center. In addition, there is a day-care
child facility.
' The southeasterly quadrant of the intersection if occupied by a Lutheran church.
Adjacent to, and sunounding, the church is all single-family residential with some
, duplex along Pilot Knob Road and Diffley Road.
' This general area of Eagan is considered to be primarily residential in nature. The only
commercial developments take place in selected intersections with limited convenience-
type uses to serve the surrounding neighborhood.
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' SITE DESCRIPTION
' Area
The subject contains a total area of 60,000 square feet according to the plat maps
' available to your appraiser. The property has 300 feet of frontage on DifIIey Road and
200 feet of frontage on Pilot Knob Road.
' A portion of the property is occupied by a single-family residential dwelling. It is
located near Pilot Knob Road.
' Touo2rauhv
The subject property is gently rolling in nature and lies above both the reconstructed
Pilot Knob Road and the reconstructed Diffley Road elevations. Access is from a
' private driveway located on the old county road right-of-way. It is pazt of reconstructing
the Diffley roadway, and it was moved northerly approximately fifty feet. This resulted
' in a private drive for the subject property and its neighbors. The highest ponion of the
subject is at the existing single-family dwelling. As the property proceeds easterly and
southerly, it drops off approacimately ten feet. A topographic map is contained in the
, Ciry Rezoning Report included in the addendum to this appraisal.
Soils
' Soil tests have not been examined. We assume soils to be sound and capable of
suppordng the improvements as constructed. Should adverse soil conditions be
discovered subsequent to the date of this appraisal, the report would be subject to
' review and re-analysis.-
Easements and Encroachments
' There are no easements and encroachments visible.
Accessibility and Identity
' The property has excellent identity being easily visible from the entire intersection.
Access is available from the previously described private drive. Right or left-hand turns
' are available through the concrete median in County Road 30.
Zoning
' The subject property is cunently zoned R-1, Single-Faarily Residential.
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HIGHEST AND BEST USE DEFINED
The highest and best or most profitable use, as deflned in the "Appraisal of Real
Estate", 7th Edition, is "that use which, at the time of appraisal, is the most profitable
likely use. It is the use that will provide the greatest retum on the land after the
requiremenu of labor, capital and coordination have been satisfied. Thus, it may be
also defined as the available use and program of future, utilization that produces the
highest present land value." Underlying the theory of the highest or most profitable use
is the theory of change.
Change is ever present as all real estate, improved or unimproved can be described
within the context of its place in a particular development cycle. Downtown urban land,
such as the Central Core District of Minneapolis, can be regarded as having a
significant demand and, for those sites still in the core which remain as parldng lots, or
other types or vacant ground, the future potential for development and transition from
their present use, to a markedly different one, is readily foreseeable.
The highest and best use of any given piece of ground should be analyzed not only in
terms of its existing use with improvements constructed thereon, but also other possible
uses should be considered which may be affected by zoning and planning changes,
social needs and market demand.
It should also be noted that land in iu transitional state may appear physically to the
eye to have a suitable existing improvement constructed thereon. In fact, the value of
the underlying ground may have risen to such a degree that the existing improvements
cannot contribute sufficient income stream to provide a fair retum of capital on both
the value of the ground and the improvements. Therefore, a situation can be created
wherein immediate development may not be warranted, but the existing improvements
have effectively become obsolete.
In estimating highest and best use, we should consider those uses which are physically
possible for the site, legally permissible and 5nancially feasible. The highest and best
use is that use, from all of the above uses, which produces the highest net return to the
owner. L.egally permissible uses are those uses which may be permitted by current
zoning and deed restrictions to the site. Feasible uses are those possible uses which
would produce the highest net retum to the owners.
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' HIGHEST AND BEST USE ANALYSIS
' In the addendum to this report will be found copies of the Eagan City Council minutes
and a staff report regarding a request to rezone this property from R-1, Single-Family
' Residential to LB, Limited Business to allow two office buildings which would contain
approacimately 11,500 square feet of usable space. The application took place in March,
1987. In April of 1987, the City Council denied the rezoning and gave a variety of
' reasons. One of the reasons listed included the observation that the intersection had
long been known to be a busy intersection and that the property had been zoned single-
family for many, many years, and since conditions had not changed, there was no reason
' to change the zoning.
Since the only conceivable use, other than single-family, is limited business or multiple
, family and since the City Council has made a determination within three years of the
present date that there has not been any change in condition which would warrant the
' rezoning of the property, it is my opinion that the property cannot be reasonably
anticipated to be rezoned to any use other than single-family residential. Therefore, it
is my opinion that the highest and best use of the subject property is for development as
' a single-family residenual site.
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MARKET DATA APPROACH TO VALUE
The Market Data Approach is based upon the definition of "Market Va1ue" as de5ned
earlier in this report and postulates that there is a willing seller and a willing buyer, that
neither is under abnormal pressure, both are fully informed concerning the property
and its uses, and the state of the market for that properry and finally that the property
has been exposed on the open market for a reasonable time.
Market Value has been described as a reflection of the reactions of typical users and
investors in the market. As in the Cost Approach, the Market Data Approach is also
based upon the principle of substitution which, in this Approach, implies that a prudent
investor will not pay more to buy or rent a property than it will cost him to buy or rent a
subsdtute property with equally desirable chazacteristics.
The Market Data Approach is essential in almost every appraisal of the value of real
property. T'he application of this Approach produces an estimate of value of a property
by comparing it with similar properties of the same type an class which have been sold
recently or are currently offered for sale in the same or competing areas. T'he
comparative processes utilized in determining the degree of comparability between two
properties involves judgment as to their similarity with respect to many value factors
such as location, construction, age and condition. The sale price of these properties
deemed most comparable tend to set the range in which the value of the subject
property will fall. Further consideration of the comparative data will indicate to the
appraiser a figure representing the value of the subject property; that is, the probably
price at which it could be sold by a willing seller to a willing buyer as of the date of the
appraisal.
The data involved in the application of this process concerns comparable properties as
well as the subject property and will vary with the type of property. Four categories of
data, however, are basic and apply regardless of the type of property. They are;
1. Sale or asking prices of comparable properties.
2. Conditions influencing each sale.
3. Location of each property.
4. Description of land and improvements of each property.
Your appraiser has studied many properties that have sold in this area and in
competing areas and has selected the following reported sales for thorough study and
analysis. A map showing the location of each of the sales in relation to the subject
property is included on the following pages, and then each sale is individually reported
and discussed.
Each of the sales selected was viewed by your appraiser, and a comparison was made of
each sale to the subject property. Sales must be adjusted for such items as differences
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' in topography, location, date of the sale, size of the tract, available utiliues and other
' such items which would affect the sale price of the compared property. A
determination is made as to whether the comparable is superior or inferior to the
subject property in each azea, and dollar amounts are added to or subtracted from the
' compared property sale price to arrive at a price for the subject property. Following
the reported comparables will be found an adjustment analysis showing the adjustments
made to each of the comparables and the resulting value factor indication.
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comparable Idlarlcet Data
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COMPARABLE SALE NO.1
Location: North side of Skyline Road just West of
Pilot Knob Road in Eagan.
Legal: Lot 8, Block 1, Oster Addition
Seller: Richfield Bank and Trust
Buyer: Precision Homes, Inc.
Zoning: R-1, Residential
Land Area: 86 feet frontage and area of 12,350 square feet
Date of Sale: October, 1989
Sale Price: $24,000
Remarks: Open and level site now improved with a new average
quality single-family home. All necessary utilities in
place and paid by seller.
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11182
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COMPARABLE SALE NO. 2
Location: Northwest wrner of Skyline Road and Oster Drive,
Eagan.
Legal: Lot 1, Block 2, Oster Addition
Seller: John and Eileen O'Toole
Buyer. James and Hope Bourman
Zoning: R-1, Residential
Land Area: 80 feet of frontage and area of 11,773 square feet
Date of Sale: November, 1988
Sale Price: $25,000
Remarks: Level to gendy sloping, open lot with all utilities in
place and paid by seller. Site now improved with
auerage quality home.
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COMPARABLE SALE NO. 3
Location: North of Skyline Road and West of Pilot Knob Road
in Eagan.
Legal: Lot S, Block 1, Oster Addition
Seller: John O'Toole and J. Torgerson
Buyer: Gene L. Reisinger Construction, Inc.
Zoning: R-1, Single-Family
Land Area: 86 feet frontage and area of 12,394 squaze feet
Date of Sale: November, 1988
Sale Price: $23,500
Remarks: I,evel to gendy sloping unwooded lot served with all
necessary utilities (assessments paid by seller). Site
now improved with an average quality home.
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COMPARABLE SALE NO. 4
Location: South side of Skyline Road and East of Highway 13,
Eagan
Legal: Part of SW 1/4 of 4-27-231ying East of STH 13.
Seller. Theodore and Lonaine Goers
Buyer: Riden Enterprises, Inc.
Zoning: R-1, Single-Family
Land Area: 206,130 square feet or 4.73 acres
excluding Skyline Road
Date of Sale: March, 1489
Sale Price: $75,000
Remarks: The property is now platted as Ridge Haven Acres
which contains a total of founeen single-family lots.
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Location:
Legal:
Seller.
Buyer:
Zoning:
Land Area:
Date of Sale:
Sale Price:
Remarks:
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COMPARABLE SALE NO. 5
Southwest corner of new Skyline Drive and Skyline
Road (formerly known as Auge Road) in Eagan.
Lot 17, Treffle Acres
Frederick and Maxine DeLosh
Cannon Valley Woodwork (Prettyman)
R-1, Single-Fanuly
1.44 Acres
May, 1989
$42,500
Level to gently rolling, mostly open land now platted
as part of Prettyman Heights Addition (4 lots platted
from the sale site and a total of 22 lots in the entire
addition). Ali utilities auailable for extension to the
property
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1224- _I12. 187383'
' OFFERING NO. 1
Location: Dodd Road near Cliff Road, Eagan
' Legal: Lot 5, Patrick Addition
, Seller. Bud Golberg
, Zoning: R-i, Single-Family Residential
Land Area: 47,600 Square Feet
' Selling Price: $45,900
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' ANALYSIS OF VALUE BEFORE IMPROVEMENTS
The appraisal problem is to determine the value of the property prior to the installation
' of improvements which had been designated to be early 1987 by the city attorney.
Sale No.'s 4 and 5 and Offering No. 1 are selected to be the most compazable to the
' subject property prior to the improvements.
A ume adjustment is made downward for an approximate two year change from the
' comparables in early 1989 to the appraisal date of early 1987. It is my opinion that no
change in the market value has occurred since mid-1989 in the local real estate land
markets.
'
A location adjustment is applied to Offering No. 1. This property is located on a cul-de-
' sac.
An amenities adjustment is applied to Sale No. 5. This property is located considerably
' above Highway 13 with a good view of the Minnesota River Valley. Offering No. 1 is
adjacent to Hay Lake
.
A size adjustment is applied to Sale No. 4 which is a four-plus acre tract. It is similar to
, the subject in that it was a small tract available for a development with little work
required on the part of the developer.
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ollowing page is found the adjustment grid showing the adjustments applied to
the three comparables. The comparables range in values, after adjustments, from
' $34,500 to $37,145.
It is my opinion that the value of the subject property, prior to the improvements of
' Pilot Knob Road and Diffley Road, was $36,000.
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Subject Sale 4 Sale 5 Offering 1
Location Pfiot Knob Skyline & 73 Treffel Acres Hay Lake Ct.
Zoning / use R-1 R-1 R-1 R-1
Area in Sq. Ft. 60,000 206,130 62,736 47,760
Topography rolling,open rolling, open level, open level, open
Soils good good good good
Sale Price NA $75,000.00 $42,500.00 $45,900.00
Date of Sale NA Mar-89 May-89 currerrt
Time Adjustment NA -0.08 -0.08 -0.08
Adjusted Sale Price NA $69,000.00 $39,100.00 $42,228.00
Per Square Foot NA $0.33 $0.62 $0.88
Value Factor Adjustments
Location 1.00 1.00 0.95
Amenities 1.00 0.95 0.90
Size 0.50 1.00 1.00
Total Adjustment 0.50 0.95 0.86
Indicated Value $34,500.00 $37,145.00 $36,104.94
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_ VALUE AFI'ER THE IMPROVEMENTS
- T'he subject property was previously located on an intersecdon of two rural section, two-
' lane blacktop roadways. After the improvements, the subject property is located on a
private driveway adjacent to a four-lane, divided urban section, high-traffic county
roadway. Prior to the improvements, the subject property had all utilities available to
, serve it except storm sewer. After the improvements, the subject property also had
storm sewer. In addition, it has a private driveway available which formerly was the
location of Diftley Road. Diffley Road was moved further North, and the existing
' surface was removed and replaced with a new blacktop surface in its old location. This
new surface serves as a private driveway for five existing residential properties located
along the south side of Diffley Road at Pilot Knob Road.
' On the following pages will be found copies of the City of Eagan Asbuilt Plans for the
utilities located in front of the subject prior to Project 466 and also a copy of the utilities
, and roadways asbuilt drawings for the improvements after the construction of Project
466. The drawings show that the subject property had all utilities available to it except
' storm sewer. They also show that, after the improvements, access to the subject
property was improved since it was located on a frontage road, and it also had storm
sewer available to serve the property.
' It is my opinion that the subject property, after the improvements, can now be
subdivided. Previously, its highest and best use was a single lot for single-family
' residential purposes. However, it was being used a home operated business for outside
storage of equipment and materials for a landscaping construction company.
' After the improvements, the property can still be used for the grandfathered use of a
landscaping construction business; however, the property is now capable of being
subdivided since it has ease of access to a frontage roadway which will not require
, applications for driveway pemuts on to a county roadway, and it has storm sewer
availabte to it.
' It is my opinion that the property can now reasonably be acquired as a single-family
residence and that the acquiring party would easily be able to subdivide the property
, and provide two additional lou at the rear of the property. Based upon the analyses of
Sales 1, 2 and 3 shown on the following pages, it is rny opinion that the mazket value of
these two lots, as well as the lot occupied by the eatisting single-family dwelling, has a
' market value of $23,500. The cost of installing additional city improvements to serve as
these two lou is nominal since the utilities are located immediately adjacent to the
property and will require only the services to be installed. Cost of actually platting the
' property, which amounts to a survey, a plat drawing and city fees, will be nominal since
no improvements are requued for city inspections. It is my opinion that it is reasonable
to anticipate a$5,000 per unit profit for the owner of the property when selling these
, two lots. Shown below is a brief cost analysis of doing the subdivision work. This
28
analysis indicates the value of the property is approximately $52,000 after allowing for a
profit for the sale of the lots.
It is my opinion that the subject property has a market value, after the improvements, of
$52,000.
3 Lots @ $23,500 $70,500
Cost of Improvements:
City Uulities $ 2,000
Platting 2,500
City Fees 2,500
Park Fees 1.700 8.700
Net Subtotal 61,800
Profit - $5,000 Per Unit 10.000
$51,800
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Subject Sale t Sale 2 Sale 3
Location Pliot Knob Skyline Sklyline Oster Dr.
Zoning / use R-1 R-1 R-1 R-1
Area in Sq. Ft. 60,000 12,350 11,773 12,394
Topography rolling,open level, open level, open level,open
Soils good good good good
Sale Price NA $24,000.00 $25,000.00 $23,500.00
Date W Sale NA Oct-89 Nov-88 Nov-88
TimeAdjustment NA 0.00 0.03 0.0.3
Adjusted Sale Price NA $24,000.00 $25,750.00 $24,205.00
Per Square Foot NA $1.94 $2.19 $1.95
Value Factor Adjustments
Location 0.95 0.95 1.00
Amenities 1.00 1.00 1.00
Size 1.00 1.00 7.00
Total Adjustment 0.95 0.95 1.00
Indicated Value $22,800.00 $24,462.50 $24,205.00
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SEWER a WATER SERVICES NOTE:
TO BE LOCATEG IN FIELD ALL S
TO BE
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- p? 196 40? VAULT AND MANHOLE 401
(BY OTHERS)
95 ?2"o?P M.
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81 RC ? 12"' DII? 11N.M. p? \ 901.F, 6" CL.52 DIP ? I
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1440 92 CONI?TRUCTION LIM / ?AT?E VL,E Q B? I I
RENCE . RENVIL a ?, ?5? ALTER NEL501O -?58.0 ? &„?, ?
??.? _ * LI YAflOGHT ? I
TOP OF 8?? PLUGGE ?
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, WM. STUB ELEV. 12??x 8?' TEE ? B0„4 l
12?? RCP STUB ENDS DII ECTLY =950.39 STA. 132+00 0? I?
? B E L O W B"S A N S E W E R 86 - 8 D I P C L I? I
12"RCP STUB IE= 93955 d' PLUG
CD 8" VCP IE ra1 x-ing=94?.75 8" GATF VALVE 8i BO
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' CORRELATION AND CONCLUSION
' We have shown that the value of the subject property is based upon singie-family
residential although its cunent use is a grandfathered use allowing the properry to be a
' landscaping, construction and storage facility. We have analyzed sales of properties
similar in size to the subject and similar in location to the subject in order to deteruune
the value of the property before which had a highest and best use of a single lot for
' single-family residential purposes.
T'he property is improved with a single-family dwelling with an attached two-caz gazage,
' an outside storage unit and a detached oversized two-car garage that is used in the
landscaping business. The single family dwelling will be located on the lot adjacent to
Pilot I{nob. It will not be on a lot line; therefore, no subdivision problems are created
' by building placement. The detached facilities would not add to the value of the
dwelling and its lot, except a nominal value of $1,000 to $1,500 which would transfer to
the lot in which it was contained. Therefore, I see no impediments to the subdivision of
' the remaining land area into three lots.
' After the improvements are completed, the property is capable of being subdivided
with very little additional effort on the part of the owner. Two additional lots, both
being eighty-five feet in width and two hundred feet in depth, can be developed without
t any grading or utility work. The improvements were required in order to allow the
property to be subdivided. The value after the improvements is $52,000.
' The value before the improvements was $36,000. The differential is $16,000. The City
proposes to assess $20,348.35. This is less than the increase in value to the property;
therefore, it is my opinion that the subject property has increased in value sufficiently to
' allow the assessment of the property for storm sewer improvements.
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' CERTIFICATE
The undersigned does hereby certify that, except as other noted in this appraisal report;
' 1. I have personally inspected the subject property.
, 2. I have no present or contemplated future interest in the real estate
that is the subject of this appraisal report.
, 3. I have no personal interest or bias with respect to the subject matter of
this appraisal report or the parties involved.
' 4. That the compensation is in no manner contingent upon the value
reported.
' S. To the best of my knowledge and belief, the statements of fact
contained in this appraisal report, upon which the analyses, opinions, and
' conclusions eapressed herein are based, are true and correct.
6. This appraisal report sets forth all of the limiting conditions (imposed
' by the terms of my assignment or by the undersigned) affecting the
analyses, opinions and conclusions contained in this report. No pertinent
information has knowingly been withheld.
' 7. This appraisal report has been made in conformity with the provisions
of the Code of Ethics, the Standards of Professional Practice and
' Conduct, and the By-Laws of the Society of Real Estate Appraisers as the
same may be amended from time to time.
' 8. No one other than the undersigned prepared the analyses, conclusions
and opinions concerning real estate that are set forth in this appraisal
' report. I am currently certified under the Society of Real Estate
Appraisers continuing education program.
, 9. Neither all nor any part of the contents of this report (especially any
conclusions as to value, the identiry of the appraiser or the firm with
which he is connected) shall be disseminated to the public through
' advertising media, public relations media, news media, sales media or any
other public means of communication without the prior written consent
and ap 7 f the undersigned.
'
' d S. Parra to
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' LIMITING CONDITIONS AND ASSUMPTIONS
' This appraisal is made subject to the following limiting conditions and assumptions.
' The legal description fumished me is assumed to be correct.
' I assume no responsibility for matters legal in character, nor do I render any opinion as
to the tide, which is assumed to be marketable. This property is appraised as though
under responsible ownership and competent management and unencumbered.
' A
k
ny s
etches and pictures in this report are included to assist the reader in visualizing
the property.
'
I have made no survey of the property and assume no responsibiliry in connection with
such matters.
'
No soil test boring data has been provided to the appraiser for consideration.
' Consequently, I am assuming the site has favorable soil conditions to allow
development and use consistent with zoning allowances subject to any
observations/qualifications made in the "Site Description" section of this appraisal
' report.
I believe to be reliable the information identified in this report as being furnished to me
' by others, but I assume no responsibility for its accuracy.
Possession of this report, a copy thereof, ar any part thereof, does not carry with it the
' right of publication nor may it be used for any purpose by anyone but the applicant or
by previous written consent of the appraiser and the applicant and in any event, only
with property qualifications.
'
I am not required to give testimony or attendance in court by reason of this appraisal
' with reference to the property in question unless arrangements have previously been
made therefor
.
' The distribution of the total valuadon in this report between land and improvements, if
any, applies only under the existing plan of utilization
' Neither all nor any part of this report sha11 be conveyed to the public through
advertising, public relations, news, sales or other media, without the written consent and
approval of the author, particularly as to valuation conclusions, the identity of the
' appraiser or firm with which he is connected.
In this appraisal assignment, the existence of potentially hazardous material used in the
' construction or maintenance of any building, such as tbe presence of urea formaldehyde
1 35
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' foam insulation, or the possible existence of toxic waste, which may or may not be
' present on the property, or the potential presence of radon or any other similar
material, has not been considered. The appraiser is not qualified to detect such
substances. We urge the client to retain any expert in this field if desired.
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' APPRAISAL QUALIFICATIONS OF
' MARK S. PARRANI'O
3914 Cedarvale Drive
, Eagan, Minnesota 55122
(612)454-1600
GENERALBACKGROUND
' ` Life-Long resident of St. Paul area
* BA Degree - College of St. Thomas, 196$
1969-1974 Acwuntant, Gould, Inc., Mendota Heights, MN; Plant Controller, Gould,
Inc., Memphis, TN
* 1974-Present
President
Parranto Associates
J. E. Parranto Associates
Inc.
Realtors
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specializes in sales of tracts of land for development.
* 1987-Present, Delta Development, Inc., a residential land developer, Vice President.
Delta has completed over 500 single family lots in several developments in the south
' metro area.
* Former member of Eagan City Council
Condemnation Commissioner - Dakota County
APPRAISAL EXPERIENCE AND EDUCATION
' ' Society of Real Estate Appraisers, Course 101 Residential
Appraisal
* American Institute of Real Estate Appraisers, Course I-B
, ' Society of Real Estate Appraisers Course 201, Principles of
Income Properiy Appraising
' Society of Real Estate Appraisers Course 202
Applied Income
' ,
Property Valuation
" Numerous real estate and appraisal seminazs
' Partial client list;
'
Northwestern Mutual Life Insurance Co.
, Minnesota Bank of Eagan
Metropolitan Waste Control Commission
Hennepin Counry Parks Department
City of Falcon Heights
' City of Eagan
St. Paul Companies
' Cliffroad Properties
Dunn and Curry, Inc.
Chrysler Credit, Inc.
' Westem Life Insurance Co.
Chrysler, Inc.
HIine Oldsmobile
' Climmins Engine
' 37
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' Tilsen Homes, Inc.
' Pine Bend Development
Numerous appraisals for attomeys, individuals and
banking institutions
' MEMBERSHIPS
* 3ociety of Real Estate Appraisers-Designated Member, Senior Rea1 Properry Analyst
' * Dakota County Boazd of Realtors
* Sensible Land Use Coalition
' Urban Land Institute
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' 'Council Minutes
April 7, 1987
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OAR CLIFF ADDITION -'PY;ANNED DEVELOPMENT AMENDMENT & REZONING
An application of Richazs?;::L1in.kler.... for rezoning of the Oak Cliff
Addition consisting of ?and Lots 7 and 8, Block 1,
Oak Cliff Addition with pl'ariii?eci'?ctetrel'opment amendment was brought to
the Council. The Advisor:-X::::;Planning Commission recommended approval
of the application, subjec:k to certain conditions. Mr. Hedges an3
Mr. Runkle reviewed the application and it was noted the intention
is to down-zone the property for single family purposes. There weze
no objections. Ellison moved, Wachter seconded the motion to
approve the application for rezoning and amendment to the Planned
Development Agreement, sUE£ject to the execution of a draft amendment
to the Planned Developmeritl:;Agrekivrent. All voted yes.
-.;:. •:::
.... :.>:::
WALLY NELSON -.,-.LQT.>.4.,.;.: CA.RLS.DN ACRES - REZONING
An application of YJally??`B:''Nelson and Michael Nelson for
rezoning approximately 1.38 acres from R-1 (Residential Single) to
LB (Limited Business) and preliminary plat approval to allow two
11,520 total square foot office buildings. In addition, a
Comprehensive Guide tevision would..be requited. The Planning
Commission recommended denial of b.o:Cb :=:;applications, according to Mr.
Runkle. The City Planner furthex:::::s?atied that a Comprehensive Guide
revision is an important . aj?:pp .>:'' "::::>Representatives of the applicant
were present. There'wil3-'l?e no accsss to Pilot Knob Road, and Hans
Timper, architect of Cedar-::?ti.tpa:?ation, presented the proposal to
the City Council. He argued`?':?tkiat;z:::;:t:h.ere is a legal non-conformin9
use that has consisted for over''25-a:ears, and sCated that parking
would comply and that the proposal isto remove all buildings with
one office to replace the 6uilding. There would be no mat=_rial or
equipment storage on the site.
Mr. Timper also stated that
compatible with the adjo.utiY:tiy
anticipated at the corner
problems but indicated tti-, y wau
proper time to consider rezoning?
it was his opinion that LB is
l::;ai3d also with the heavy traffic
there were past drainage
be corrected and this is the
' One access from Diffl:::Raad:;serve two lots, according to
Mr. Timper. Gail Stahl:?.:?:ata?'?owiiei:t?tG?the south, had objections to
the drainage problems that she stated persisted since 1980 when a
' garage was built on the Nelson site. Further, she noted that a
survey that she had prepared indicated the Nelsons had stored
material on her property and she._also had questions concerning- the
grandfather non-conforming to the commercial use,
, as did Miriam Nall, g owner. Noise from machines
and odoz from diesel %L'IeI h a v e 'Deen a problem for neighboring
owners. They objected to'Yie propose8-" use, including the heavy
' traffic from the office bit:ilding.
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' Cour.cil Minutes
April 7, 1987
' Dale Nathan, attornel'r:;;€or the Nelsons argued that it was a busy
intersection and recommend:040 approval.
' Jim DelGreco, anotheY?::::::aI. a:3:ii'3_rig;-:::;riwner on Sequoia, objected to
?. ..?.... ....:
the office building bei'ng'? "tb'o-<et. 'o's'e•: to the residential homes and
' stated that he spoke for.<fther objecting neighboring owners. Wat=r
problems would be increaset3 according to Mr. Delgreco.
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Councilman Wachter stated that he was personally familiar with
Mr. Nelson and ha3 him do some sub-contract work for him but
indicated that he had no reason to believe that he could not vote on
the issue. He stated tha:t::the water will continue to run if the use
is not changed, but that:the acee:ss to the lot is not desirable.
Councilman Egan statet3;' thait is important to look at what
exists at the use consistent and there
must be adequate reason to: a:y:t.3siirz:z:e:>::a.change in the use. The plan
has always been that Pilot'':`FCri'6Ys`"F2o?Cd' and Diffley Road would b= a
very busy intersection and basically, there is no change in the plan
for the intersection, according to Egan.
Councilman Egan moved to deny
including those stated above and the;::
he application for reasons
lowing:
1. The proposed rezon:iiig;ra"L
Comprehensive Guide use and''it wou
in the Comprehensive Guide: ::::::::::::::::::;•:.,
ted Business is contrary to the
not be prudent to make a change
2. The Nelsons did not makea-:Y:Qguest during the Comprehensive
' Guide Review process in 1985 and 1986 to redesignate the property to
a commercial use.
3. There have been no material change in circumstances or any
showing of any mistake in the original designation of the site as
r2sidential.
' 4. It has long been icip3:Ced that the corner would be a busy
corner and there have beenno ch?'nge in conditions.
S. There is no sha.wi;ng_;::;:aE?.:3se:ed;; for the office use in that
' particu lar location.
6. To rezone, would set an adverse precedent that would give
'• other owners reason to rezone their property adjacent to the Nelson
. parcel.
7. The current R-1 zaiixrigwith the surrounding
' property and it would prqv;1-6e for sgQt,;:zoning and create an adverse
impact on the surrounding""resi3entia3.- owners and would further
' create additional traffic::problems.
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Council Minutes
April 7, 1987
8. The neighboring:::. property owners have relied upon the
property remaining sing:?Je: family residential and there have been
strong objections to the r.ez4nin9.,,by_,.p_e.ighboring property owners.
Councilman Smith secoa'dei3''t'tie'-'iitoi"dh, noting that if the Council
were to approve such app?;%cations, that it would 6e desirable for
property owners to create?:?:a nuisance to in effect force the council
to allow the rezoning, noting the problems that have taken place on
the site, created by the expansion of the non-conforming commercial
use through the years which have been objected to by the City and by
the neighbors.
Councilman Ellison st's':Zed tti;?=t there would be an adverse effect
on the surrounding neitjbbors:::Yiy rezoning and he would not want to
live in adjacent homes, :WachteX:::;stated that the office buildings
would be an improvement and;:::cqrEect:.,.ihe.;;water problem, but the Guide
Plan is very important. :hF3yot:;:::;:$loiiiqiisst was also strongly opposed
for the same reasons thatwere:described above. All members voted
in favor except Wachter who voted no.
LEMAY LAKE BILLS TOWNHOUSE•:PROJECT - REPLAT
An application was owners of the Lemay Lake
Hills Townhouse oroject o.n:::4i4-06-''ICn;6;b Road for replat to convert the
project from rental to ovi.ii'er-occupa?cy status. There are no changes
in the project, but accordib
4:::ta::;Mr: Runkle, the intention is simply
to convert the plat to provid'?=:€a??.?le lots for owner/occupancy.
Wachter moved, Egan seconded the mot?z?iiti;:to approve the application,
subject to City requirements. All vote8 yes.
PIIBLIC IMPROVEMENT CONTRACT
1. Contract #87-11 -?.Gk:eQ:nsbo:r.¢::2nd Addition. The recommenda-
tion was suhmitted to he`:':plans for Contract #87-11
consisting of street atid:: uti11:ty improvements in Greensboro 2nd
Addition and author}ze the?'advert`isement for bid opening to be held
at 10:30 a.m. on Friday, :p?y 11::I;987.
.......: .:: ..................
2. Contract #87-12 are 6th Addition - Northview
Park Road, It was recommended that the council approve the plans
for Contract #87-12 consisting of street and utility improvements in
Lexington Square 6th Addition and Northview Pazk Road and authorize
the clerk to advertise for bids. to be opened at 10:30 a.m. on
Fr iday, May 1, 1987. .... ....... ........
3. Contract #87-14
staff recommended that
#87-14 which covers the t:
Farms/Country Hallow and :
the legal newspapers w
Friday, May 1, 1987.
an nii't:n:• rarm - Luunccv
Council'•approve the plans
sanitary.::`j;ift station for
fo r b id s to
to be held at
Hallow. The
for Contract
Eagan Hills
be placed in
10:30 a.m. on
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' CITY OF EAGAN
SUBJECT: REZONING & PRELIMINARY PLAT
APPLICANT: WALLY B& MICHAEL NELSON
' LOCATION: LOT 4, CARLSON ACRES
EYISTING ZONING: R-1, RESIDENTIAL SINGLE DISTRICT
' DATE OF PUBLIC HEARI.IGc MARCH 24, 1987
DATE OF REPORT: MARCH 19, 1987
I REPORTED BY: PLANNING DEPARTMENT
' APPLICATION5 SUBt4ITTED: The first application submitted is a request
to rezone approximately 1.38 acres from R-1, Residential Single
, District, to LB, Limited Business, to allow two 11,520 total sq. ft.
office buildings. The Preliminary Plat would consist of 60,000 sq.
ft. (1.3 acres) and contain one lot. -
' ZO.IING & LAND USE: Currently, the parcel is zoned R-1, Residential
Single District, and would only allow a single family development to
occur in this area. There is an existing home/office and outside
' storage for a construction company on the site. This company has
been onerating for the past 25 years and currently has been
established as a legal nonconforming use. Therefore, this business
oneration can continue to remain and operate as long as the use does
not increase in intensity or size. The Comprehensive Guide Plan
- also designates this parcel as D-1, low density residential, with
' the density of 0-3 dwelling units per acre.
COMFIENTS: The applicants are proposing to remove the single family
home and construct the first:office building containing 5,760 sq.
' ft. and retain the outside storage and existing office until the new
facility is built. The second phase would then be constructed and
contain approximately 6.048 sq. ft. This office is proposed to be a
'. one-story building. The parking spaces provided is 61, which is the
required number by the zoning ordinance.
Access to this facility would be from Diffley Road on the westerly
' corner of the plat. This access would be from the relocated service
road running along the southerly boundary of Diffley Road. No
access is being proposed €rom Pilot Knob Road. It appears that the
' buildings meet?all setback requirements and parking requirements
from the County roads.
, In review of this particular plan, it appears to be more of a
land use question - does the City rezone a new parcel which has
not been designated or proposed on the Comprehensive Guide or
, does
Mr. the City follow the guide with
Nelson to operate as a legal n the D-1 land use and allow
onconforming use as lon
as
g
the business does not increase in size or intensity.
'
'- CONDITIONS: WALLY B& MICHAEL NELSON -
' 1. The standard plat conditions should be adhered to.
'
2. s Dedication Fee.
The plat should be subject to a Park
' 3. A detailed landscape plan shall be provided and reviewed
and a landscape bond shall be submitted and not released
until one year after the landscaping has been completed.
, 4. A detailed lighting plan shall be submitted and reviewed by
City staff prior to issuance of a building permit.
' S. Only an office building shall be allowed as a permitted
use in this Limited Business District.
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PROPOSEO PILOT NN00 ROAO
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SITEPIAN 1"TO
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VIEW OF SUBJECT FROM PILOT RNOB ROAD
VIEW FROM FRONTAGE ROAD ON DIFFLEY ROAD
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INTERIOR VIEW, WEST OF SINGLE-FAMILY
RESIDENCE
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Use BLUE or BLACK Ink
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For Office Use I
Permit #:5-7`fZ j
City of EaEd
I Permit Fee: I
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
2013 RESIDENTIAL BUILDING PERMIT APPLICATION
Date: Site Address: A?,!:~>5 Xlz 4 Unit
Name: 7Z L:::C~ - .,o Phone:
Resident/
Owner Address / City / Zip: 6,5- "a', A&4 Z!QZ)
Applicant is: Owner /-''-Contractor
Type of Work Description of work: a .,La a Construction Cost: 00 Q ,:A Multi-Family Building: (Yes / No i~ )
Company: azzll~zc Contact:
Address: " C, 2 City:
Contractor
!v c?~! ` ~1 c~ Ty
State: Ate' Zip: (:;5-56 7-1 51"'
License ~~Oye 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
the information may be classified as non-public if you provide specific reasons that would permit the City to
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.popherstateonecall.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 Minnesota State Building Code must be completed within 180
days of permit issuance.
Applicant's Printed Name Applicant's Signature
Page 1 of 3
PERMIT
City of Eagan Permit Type:Plumbing
Permit Number:EA145934
Date Issued:09/29/2017
Permit Category:ePermit
Site Address: 4205 Pilot Knob Rd
Lot:4 Block: 0 Addition: Carlson Acres
PID:10-16400-00-040
Use:
Description:
Sub Type:Residential
Work Type:Replace
Description:Water Softener
Meter Size Meter Type Manufacturer Serial Number Remote Number Line Size
Comments:Please call Building Inspections at (651) 675-5675 to schedule a final inspection.
Allow an 18" minimum radius clearance to the water meter from all appliances (i.e. furnace, water heater, water softener).
Fee Summary:PL - Permit Fee (WS &/or WH)$59.00 0801.4087
Surcharge-Fixed $1.00 9001.2195
$60.00 Total:
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and City of Eagan Ordinances.
Contractor:Owner:- Applicant -
Walter V Nelson Tste
4205 Pilot Knob Rd
Eagan MN 55122
(651) 454-1385
Bruckmueller Plumbing Inc
3992 Pennsylvania Ave
Eagan MN 55123
(651) 686-6696
Applicant/Permitee: Signature Issued By: Signature