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4339 Rahn RdCITY OF EAGAN Remarks * Ceddr.-Grove Acquisiti.on Addition Lot 20 Bik 1 Parcei 10 16703 2013 Ol Owner Street 4339 Iiahn Road State_ Ea5anr MN 55122 ? a . Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. g 1970 412.50 41.25 lO STREET RESTOR. GRADING SAN SEW TRUNK * SEWERLATERAL 1972 1,304.00 52.16 25 886.72 C005232 4-25-79 WATERMAIN * WATER LATERAL 1972 WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: 3830 Pilot Knob Road Permit Number: Eagan, Minnesota 55123 Date Issued: (612) 681-4675 SITE ADDRESS: Ln Y , BLd CK; I APPLICANT: 43:311 NANN RD SU85EL GORP CEDAR GROVE 41`N (612) 646-0331 PERMIT SUBTYPE: t;ARAr,;ln /Ar::cESSaRY TYPE OF WORK: qESr.RxN1'tON Control No. 1218 E?tli t 1 0 i NtA 16 hN 10o.2rq2 tiEW AT TAf WEQ Permk No. Permk Holder Date Telephone N S/VV PLUMBING HVAC ELECTRIG ELECTRIC Inapection Date Insp. Comments Footingg I Foundation Framing Roofing Rough Plbg. Rough Htg. Isul. Freplace Fnal Htg. Orsat Test Finel Pibg. Pibg. Inspector - Nod(y Plumber Const. Meter EngrJPlan eldg. F;s?ai Deck Ftg. DeCk Final Well Pr. Disp. f?a3 ? REGIUEST FOR ELECTRICAL INSPECTiON es-oooo,-os /? 7!3 980 See instructions for completing this torm on back ot yellow copy. ? K_?,...____ - "X" Be/ow Work Covered by This Request ew? l AM 1, ep.? Type of Building AppliancesWired EquipmentWired Home Range Temporary Service Duplex Water Heater Electric Heating Apt. Buiiding Dryer Other--(Specify) Comm./Industrial Furnace Farm Air Conditioner Other (specify) Contractor's Remarks: vJ Compute Inspection Fee Below: !i - `tA16 ,, # Other Fee # Service Entrance Size Fee # Circuits/Feeders Fee Swimming Pooi 0 to 200 Amps L 0 to 100 Amps Transformers Above 200 Amps Above 100 Amps Signs Inspector's Use Only: TOTAL ? Irrigation Booms f J ! Special Inspection Alarm/Communication THIS INSTALLATION MAY BE ORDERED DISCONNECTED IF NOT Other Fee COMPLETED WITHIN 18 MONTHS. I, the Electrical Inspector, hereby Rough-in { Date certify that the above inspection has been made. Final oatj;? OFFICE USE ONLY -- This request void 18 months from 980 ?9?9 Vt 3 9?- aa ? . e• - ) ?-G L /` V Fire o. Rough•in Inspection Required? J Yes Ao Ready Now 0 Wiil Notify Inspector When Ready? IWicensed contractor I] owner hereby request inspection of above electrical work at: Job Address (Street, 8ox or Route No.) ? / ?/7 / Ciry 61! LL/T/G/ Section No. Township Name or No. Range No. CounTy Occupant (PRINT) ` ?? Phone No. Power Supplier Address Electrical Contractor (Company Name) ? ?? ? ?Wv G ? Contractor's License No. ?Gl? f?r Mailing Address (Contractor or Owner Making Installation) _ ?/f/ ?C ? ? !/ /?? / r ? q7.7 Authorizetl Signatui Co t wne akin tal Phone Nu MINNESWA STATE BOARD OyfRICITY _THIS INSPECTION REQUEST-WILL NOT Griggs-Midway Bldg. - Roo - 73 BE ACCEPTED BY THE STATE BOARD 1821 University Ave., St. Paul. MN 55104 UNLESS PROPER INSPECTION FEE IS Phone (612) 642-0800 ENCLOSED. ? C17'Y of EAGAN BUILDING PERMIT o Wn.: ........?`.::`:'?-C? ....... /?.?-l? ............................ Address (presens) ..... :.-'?. ......... . ??"? ` ............ ...............••••.•••• Builder .••...... • . .. Vaq ' ....... /-/ .... . ........... ........................... Address ......................... .y...................... -,-..C7 ..................................... DESCRIPTION N° _ 3581 3795 Pilof Knob Road Eagan, Minnesota 55122 454-8100 Dale ......?..r. .-. l.`/ ..7I- 6tories To Be Used For Front Depth Heigh! Eat. Cos! Permii Fse Remarks /7 A, 7? a? LOCATION oze • So -.... . ......... Per Per ........................... /:?" :' :.---.... .•••.............. '- ??"'? ......r • ••-••-• ................... Ma o Building Iaspec2o? This permii does not suthorize the use of streets, roads, alleys or sidewalks nor does it give the ownes os his ageat ihe :ight fo create any siYuation which is a nuisance or which presenis a hazard to !he heallh, safety, convenience and general welfare to anyone in !he community. THIS PERMIT MUST BE ISEPT O!JTi THE PREMISE WHILE THE WORK IS IN PROG1%E3S. J This is !o cerlify, lhat--•-.?j:....F: --.....• ...............haspermission to ereci a--•::?.?.?.`.?`.:`.:'.`.:?...._?.Y........---.....upoa the above described premise subject to the provisions of all applicable Ordinances for the Citp of Eagan. : EAGAN TOWN S H i P BUILDING PERMIT Owner •-- .... . .. ..................... .- -------•-•-------- •--- ------------------ . Address (PresenY), .,.e . --:-•._..°-`=•---..J,.... !.`''v-`.'z"-• - " -. ------------------- Builder ---.- ---- ------ `------------ =------ °---•-----•- ' . . . Address :.-.---•--•--••-----•-•---••--•-••--•-.- -----------------•--••-•--••------------...------- - . DESCRIPTION ? . N° . 1252 Eagan Township Town Hall Date ..-----------1---•---•- =-----------•------- 52or.ies . To Be Used For Fron2 Depih Heighf Esf. Cost Permit Fee Remarks T ,?-?•--y?c.? ??,? c7 /S Q? ??5 -- -- . LOCATION • .. . Street, Road or ofher Descripfion of Location ? Lo!_ _Block ' _Addifion`or Traci -..-?-? ?{ ? ?? ? ?.s" -?- ?;t ? • f3.?. e -- ? -?'? ,3 --- o'C 3e 69,e Er ?Z_ ? This permit does noi authorize the use of streets, roads, alleys or sidewalks nor does it give the owner or his ageni the right to create any situation which is a nuisance or wHich presents a hazard Yo the healfh, safety, convenience and general welfare to anyone in the community. ? THIS PERMIT MUST BE KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS.. --??--------- ---------------•-•-----• -- ?. This is io certify, that..? Permission to erec3 a------ _.??:: -- ° ---`------ -- `-'-<<-=-- )=------.upon the above described premise subjectto the provisions of the Buildin'g Ordinance for Eagan T4wnship adop#ed April 11, 1955. , E?1. "" .................... t.-= ?--. _ ?.. . r-., ;:...---•'•----- Per """""""""Y- ? . '_ """?.._?.._ -4 _ 4 cv""""""' Chairman of Tnwn Board ? Building Inspecior ?t /? 1? EAGAN TOWNSHIP BUILDING PERMIT Owner .--- • -----------------•----•-•..!?'•=?....................................... Address (Bresont) ..T`3 `3- ........... J--1.t . =---.............................. .:....... .•.............................................................. Builder ................... Addrass ----••-----------•-•----•---••--•---•--•-•-••--••--•--•---------•--•-----••---•-•---•---•••--• DESCRIPTION N° 1'740 I ?i Eagan Township Town Hall na:e ----..----L.-Z1? ? ...:::.:::./:.'..r ;- 53ories To Be Used For Front Depth Heigh! Est. Cosi Permit Fee Remarks - LOCATION Stree2, Road or other Descripfion of Location I Lo! I Block ? Addition or Trac! 1017-0 1 , 1 G-19 y This permit does not sulhorise the use of s2reeis, roads, alleys or sidewalks nor does it give the owner or his agent the righi fo create anp silualion which is a nuisance or which presenis a hazard !o ihe health, safety, convenience and general welfare !o anyone in !he communiip. THIS PERMIT MUST BE #EPT O T E P EMISE WHILE THE WORK IS IN PROGRESS. This is to cerlify. 3ha!••. d?.•e••-• •• --••----• -••--••-•--•••--••-••--•-••---has permission to ereef a___.__-°--•---- -----•--. ... °° .............°_upon !he above described premise subjeci to the provisions of the Suilding Ordinance for Eaga Tow ip adopted April 11, 1955. ................. .......--•-••---•-•L... ? ....................................... Per ---------------•----• '-'"??c. •--•..._?..?..°-°----....-°•---•--...-•------ ••-- - • - -- Chair n of Tnwn Board Buildin9 InsPecfor Q • 6 2004 RESIDENTIAL BUII..DING PERNIIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 FAX # 651-675-5694 0 17,0roo New ConstrucUon Renuirements RemodeUReaair Reauirements hfficm??[ 3 registered site surveys showing sq. ft of lot, sq. ft. of house; and all roofed areas 2 copies of plan (20% maximum lot coverage allowed) 1 set of Energy Calculations for heated additions 2 copies of plan showing beam & window sizes; poured found design, etc. 1 site survey for additions & decks 1 set of Energy Calculations Addffion - indicate if on-site septic system 3 copies of Tree Preservation Plan 'rf lot platted after 711/93 Rim Joist Detail Options setection sheet (bidgs witli 3 or less units Date Construction Cost Site Address 3 ? ?'! 0 ?C:? Unit/Ste # Description of Work ve Qr`?s 6h (,ooDG? ??W cz, &14 e e LJ')(A Ve- W ? co)e ZI-Id CI'eme Multi-Family Bldg _ Y?C N Fireplace(s) _ 0 2 ?R7 Property Owner Cf/) C (onedV Telephone # ( (P f2,) 70q -7-7-G- Contractor Address 09'1v )T6C1V1"_1 Si tie City State ?6Y?l?? , Zip S.sy 3?Z Telephone #6/Z 8/ b-,?o `?S 3 e_ c.v C° rf- COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING - 1Vlinnesota Rules 7670 Categorv 1 Minnesota Rules 7672 Energy Code Category . Residential Ventilation Category 1 Worksheet • New Energy Code Worksheet (4 submission rype) Submitted Submitted • Energy Envelope Calculations Submitted Have you previously constructed a buiiding in Eagan with a similar plan? _ Y _ N If so, 25% plan review fee applies. _ Licensed Plumber P-H ? ? u? Telephone #( Mechanical Contractor V JUN 2 9 2004 J?jj Telephone #( Sewer/Water Contractor ? ?2 1 Telephone #( I hereby apply for a Residential Building Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and the State of MN Statutes; I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans. k?? ?b -e/bec Applicant's Printed Name QZ-Ckplicant's Signature OFFICE=USE ONLY Sub Types ? 01 Foundation ? 07 05-plex ? 13 16-plex ? 20 Pool ? 02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) O 03 01 of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ? 04 02-plex ? 10 08-plex ? 18 Deck ? 23 Porch (screen/gazebo) ? 05 03-plex ? 11 10-plex ? 19 Lower Level O 24 Storm Damage ? 06 04-plex ? 12 12-plex Plbg_Y or _ N ? 25 Miscellaneous Work Types ? 31 New ? 32 Addition ? 33 Alteration ? 34 Replacement Valuation Census Code SAC Units # of Units # of Bldgs Type of Const _ Footings (new bldg) _ Footings (deck) _ Footings (addition) Foundation Drain Tile Roof Ice & Water _ Framing ? 30 Accessory Bldg O 31 Ext. Alt - Multi ? 33 Ext. Alt - SF ? 36 Multi Misc. ? 35 Int Improvement ? 38 Demolish Interior ? 44 Siding 0 36 Move Building ? 42 Demolish Foundation ? 45 Fire Repair ? 37 Demolish Building* ? 43 Reroof ? 46 Windows/Doors *Demolition (Entire Bldg) - Give PCA handout to applicant Final Occupancy Zoning Stories Sq. Ft. Length Width MCES System City Water Booster Pump PRV Fire Sprinklered REQUIRED INSPECTIONS Final/C.O. Final/No C.O. _ Plumbing HVAC Other _ Pool Ftgs _ Air/Gas Tests Final _ Siding _ Stucco _ Stone _ Brick _ Windows _ Retaining Wall _ Fireplace _ R.I. _ Air Test _ Final Insulation Approved By: Base Fee Surcharge Plan Review MC/ES SAC City SAC Utility Connection Charge S&W Permit & Surcharge Treatment Plant License Search Copies Other Total Building Inspector RESIDENTIAL BUII.,DING Permit Application City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 FAX # 651-675-5694 New Construction Reauirements RemodeVReoair Reauirements Office Use Onlv 3 registered site surveys showing sq. ft of lot, sq. ft of house; and all roofed areas 2 copies of plan Cert of Survey Recd _ Y_ N (20% maximum lot coverage allowed) 1 set of Energy Calculations for heated additions Tree Pres Plan Recd _ Y_ N 2 copies of plan showing beam & window sizes; poured found design, etc. 1 site survey for additions & decks Tree Pres Reqd _ Y_ N 1 set of Energy Calculations Addition - indicate if on-site septic system On-site Sep6c System _ Y_ N 3 copies of Tree Preservation Plan if lot platted after 7/1193 Rim Joist Detail Options selection sheet (bldgs with 3 or less units Date 16 / Iq_ / Site Address 03 sm 00 Construction Cost Unit/Ste # Description of Work ??.I'?-r1C 1? Multi-Family Bldg Y XN Fireplace(s) ? 0 _ 1 _ 2 Property Owner / ? 43/44376 Telephone # (6 f Z ) -702 - (07LS Contractor IN C- Address rW y, 7 State M1"i VU,), ,e p A City Zip ?'7q Telephone #(61Z) COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING - Minnesota Rules 7670 Categorv 1 Minnesota Rules 7672 Energy Code Category . Residential Ventilation Category 1 Worksheet • New Energy Code Worksheet 0 submission type) Submitted Submitted . Energy Envelope Calculations Submitted Have you previously constructed a building in Eagan with a similar plan? Y ?- fee applies. i' ?5 Licensed Plumber Mechanical Contractor Sewer/Water Contractor ' i Telephon' t ( 0 p)T?l Telephon # ( )_ Telephone m i-gn review nni i? I hereby apply for a Residential Building Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and the State of MN Statutes; I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the appro d pl in the e f work which requires a review and ap roval of plans. Applicant's Printed Name Applicant's Signature OFFICE USE ONLY Sub Types ? 01 Foundation ? 07 05-plex ? 13 16-plex ? 20 Pool ? 02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 03 01 of _ plex 0 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4sea.) ? 04 02-ptex ? 10 08-plex ? 18 Deck ? 23 Porch (screen/gazebo) ? 05 03-plex D 11 10-plex ? 19 Lower Level ? 24 Storm Damage ? 06 04-plex ? 12 12-plex Plbg_Y or _ N ? 25 Miscelianeous Work Types ? 30 Accessory Bldg O 31 Ext. Alt - Multi ? 33 Ext. Alt - SF ? 36 Multi Misc. ? 31 New ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding ? 32 Addition ? 36 Move Bldg. ? 42 Demolish (Foundation) ? 45 Fire Repair ? 33 Alteration ? 37 Demolish (Bidg)* ? 43 Reroof ? 46 Windows/Doors ? 34 Replacement *Demolition (Entire Bldg) - Give PCA handout to applicant Valuation Occupancy MC/ES System Census Code Zoning City Water SAC Units Stories Booster Pump Nbr. of Units Sq. Ft. PRV Nbr. of Bldgs Length Fire Sprinklered Type of Const Width REQUIRED INSPECTIONS _ Footings (new bldg) FinaUC.O. _ Footings (deck) FinaUNo C.O. _ Footings (addition) _ plumbing _ Foundation HVAC _ Drain Tile Other Roof _ Ice & Water _ Final Pool Ftgs Air/Gas Tests Final _ Framing _ _ _ Siding Stucco Stone _ _ Fireplace _ R.I. _ Air _ Test _ Final _ Windows (new/replacement) _ Insulation _ Retaining Wall Approved By , Building Inspector -------- ---------------- -------- --------- ----------- ------ ------------------- ------------- Base Fee Surcharge Plan Review MC/ES SAC City SAC Utility Connection Charge S&W Permit & Surcharge Treatment Plant License Search Copies Other Total / a-- I 8' RESIDENTIAL ?? -LiS'-1 BUILDING PERMIT APPLICATION ? CITY OF EAGAN 3830 PILOT KNOB RD, EAGAN MN 55122 651-681-4675 New Construction Reauirements • 3 registered site surveys showing sq. ft. of lot, sq. ft. of house; and all roofed areas (20% maximum lot coverage allowed) • 2 copies of plan showing beam & window sizes; poured found design, etc.) • 1 set of Energy Calculations • 3 copies of Tree Preservation Plan if lot platted after 7/1/93 • Rim Joist Detail Options selection sheet (bldgs with 3 or less units) u? ? RemodellRepair Reauirements • 2 copies of plan • 1 set of Energy Calculations for heated additions • 1 site survey for exterior additions & decks • Indicate if home served by septic system for additions ? DATE 12 ) i 3 1 vZ VALUATION 25, 000 SITE ADDRESS 433q 12.cA e MULTI-FAMILY BLDG _ Y ? N TYPE OF WORK FIREPLACE(S) _ 0_ 1_ 2 APPLICANT STREETADDRESS fr-43 rr,-r-?-?-c1 21 0 CITY -Gt' -IL„1 STATEmvj_ZIP TELEPHONE 4(&SI1 42e-.5778 CELL PHONE # FAX # PROPERTY OWNER ''?t-t c l?.c_lsc??-1 TELEPHONE # COMPLETE FOR KNEW" RESIDENTIAL BUILDINGS ONLY Energy Code Category _ MINNESOTA RULES 7670 CATEGORY 1 MINNESOTA RULES 7672 (4 submission type) • Residential Ventilation Category 1 Worksheet Submitted • New Energy Code Worksheet Submitted • Energy Envelope Calculations Submitted Plumbing Contractor: Plumbing system includes: Mechanical Contractor: _ Mechanical system includes: Sewer/Water Contractor: Air Conditioning Heat Recovery System Phone # Phone # Fee: $90.00 r, _ . ? ...., ? I hereby acknowledge that I have read this application, state that the information is corre?c?, andzagree1o ply with all applicable State of Minnesota Statutes and City of Eaga7Z,'Signature of Applicant "" ' ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- OFFICE USE ONLY Water Softener Water Heater No. of Baths Phone # Lawn Sprinkler No. of R.I. Baths Certificates of Survey Received _ Tree Preservation Plan Received _ Not Required _ Updated 4/02 OFFICE USE ONLY ? 01 Foundation ? 07 05-plex ? 13 16-plex ? 20 Pool ? 30 Accessory Bldg N14,02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 31 Ext. Alt - Multi O ? 03 01 of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ?? 33 Ext. Alt - SF ? 04 02-plex ? 10 08-plex ? 18 Deck ? 23 Porch (screened) ? 36 Multi ? 05 03-plex ? 11 10-plex ? 19 Lower Level ? 24 Storm Damage ? 06 04-plex ? 12 12-plex Plbg_Y or _ N ? 25 Miscellaneous ? 31 New ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding ? 32 Addition ? 36 Move Bldg. ? 42 Demolish (Foundation) ? 45 Fire Repair e 33 Alteration l ? 37 Demolish (Bldg)* ? 43 Reroof ? 46 Windows/Doors 34 Replacement *Demolition (Entire Bldg only) - Give PCA handout to applicant Valuation ?-is-d v. Occupancy MC/ES System Census Code '-43 1-f Zoning City Water SAC Units Stories Booster Pump Nbr. of Units Sq. Ft. PRV Nbr. of Bldgs Length Fire Sprinklered Type of Const W idth _ Footings (new bldg) _ Footings (deck) _ Footings (addirion) Foundation Drain Tile Roof Ice & Water Final ? Framing Fireplace _ R.I. Air Test ? Insulation REQUIRED INSPECTIONS FinaUC.O. ? FinaUNo C.O. _ Plumbing HVAC Other _ Pool _ Ftgs _ Air/Gas Tests _ Final _ Siding Stucco Stone Final _ Windows (new/replacement) _ Retaining Wall ...-?-- Approved By Building Inspector Base Fee Surcharge Plan Review MC/ES SAC city sAc Water Supply & Storage S&W Permit & Surcharge Treatment Plant Plumbing Permit Mechanical Permit License Search Copies Other Total . ?? -35 'C ??Jo ??.. ;-}-c h ? V? ?Z??? ne ? _ ?-? I CITY USE ONLY PERMIT #: ? .~, ? RECEIPT DATE: 2002 RUIDENTIAL 1VIECHMICAL PEftMTf APPLICATION crrY og EAsAx 3$30 PILOT KNO$ fiD EAfilkN MN 55188 651-6$1-4675 Please complete for: ? single family dwellings townhomes and condos when permits are required for each unit Date: I N -1 ?? - (?h SITE ADDRESS: 14 339 2_'P'hn ed. OWNER NAME: TELEPHONE #: INSTALLERNAME: Ql ;, ;r• TELEPHONE#: -)/A?? -)g,ls- LI5Y5 STREETADDRESS: CITY: ?_? j ca: nP - STATE: (Yl iJ ZIP: Sc'NN Qj Place a check mark next to the permit work type Add-or, modifica.tion or alteration to existina dwelling unit $ 30.00 • furnace replacement • air exchanaer • air conditioner • other Nature of work: 9.e knt..c?,?, ho? ???-? A? C,?,?/. 9 ??,1?t??? MVC?AL?PLIP State Surchar e I ? ? $ .50 Total $ SIGNAKJRE RMITTEE t/o2 CITY USE ONLY PERMIT #: RECEIPT DATE: APPROVED BY: , INSPECTOR 8008 COMIVIEftCIAL MECHANICAI. PEftMIT APPLICATIOR CITY OF EALfiAN 3$30 PILOT KNOB gD EALGAN,1VIN 55122 651-6$1-4675 Please complete for: all commercial/industrial buildings multi-family buildings when separate permits are not required for each dwelling unit DATE: SITE ADDRESS: OWNER NAME: PHONE #: TENANT NAME (IMPROVEMENTS ONLY): WAS THERE A PREVIOUS TENANT IN THIS SPACE? Y N. NAME: INSTALLER: STREET ADDRESS: CITY: TELEPHONE #: STATE: ZIP: WORK TYPE: New construction Install U.G. Tank Interior Improvement Remove U.G. Tank Processed Piping SpecifyNature oi Work: When installing/removing underground tank, call 651-681-4675 for inspection by Fire Marshal and Plumbing inspector. Fees: 1% of contract price OR $50.00 minimum fee, whichever is greater. Underground tank removaUinstallation = minimum fee Contract price: $ x 1%_$ (Base Fee) State surcharge calculate at $.50 for each $1,000 Base Fee TOTAL $ SIGNATURE OF PERMITTEE Updated 1/02 PERMIT # RECEIPT DATE: 2002 RESIDENTIAL PLUbI$ING PER1VIIT ?PPLICATI(DN CITY OF RAfiAN 3$30 PILOT KPO$ iiD EAsAlv, MN 5518E 651-6$1-4675 Please complete for: single family dwellings, townhomes and condos when permits are required for each unit, baekflow preventer for irrigation system SITE ADDRESS: w33 ? LJ?Nn ?,k OWNER NAME: : TELEPHONE #: (AREA CODE) ? W-V ? iitiS i ALLEF? P?Ri??.: \ ?k ? TcLEF?-iiOl?iE #: yilq `?Ilv? 5r-15 (AREA CODE) STREET ADDRESS: ILA"1 1 C1TY: P.;\2 - STATE: M nJ ZIP: 5SOL4 9 _ SEPTIC SYSTEM, new/refurbished (requires two sets of plans and MPC license) $ 100.00. includes $40.00 County fee Note: Additional consultant fees may apply • MODIFICATION/ALTERATION TO EXISTING DWELLING UNIT, INCLUDING: _ Adding fixtures to lower levels or room additions, excluding water softeners and water heaters. $ 50.00 _ Abandonment of septic system. _ Water turnaround - existing dwelling unit (+ 5/8" meter if needed -$118) X Other. U k aca,ke_ _ RPZ: new instal lation/repair/rebu ild $ 30.00 _ ! ::an irrigation system ? I ra77 ? Replacement/additional: _ water softener _ water heate Ej 15.00 6 2f!n? State Surcharge 1g?, q $ .50 Total $ ? ? ?; I hereby acknowledge that I have read this application, state that the information is correct, and ggfee to comply wi II appli le City of Eagan ordinances. It is the applicant's responsibility to notify the property owner that the City of Eagan assumespdl ia ' y for any d ges caus by the Cityduring its normal operational and maintenance activities to the facilities constructed under this permit within ' r' - e s t. SIGNATURE OF P R I EE 1/02 ., PERMIT I Control No. 1218 ?' EAGAN CIT'l?"O 3830 Pilot Knob Road PERMIT TYPE: Bu zLDING Eagan, Minnesota 55123 Permit Number: 001654 (612) 681-4675 Dafe Issued: 10122192 SITE ADDRESS: 4339 hAHN FtU L.tJl"< 20 8Lt7GKo 1 GEDAR GRqVE QTH DESCRIPTION: ?L) C, GARAGEfAcrEsSaRY NEw M-- 1 v-N 22 2e I REMARKS: -5-1 -'?;) FEE SUMMARY: VALuATxcaN Base Fee S u r c h a r ge ._M__,.?..., _.._____._.?...?..?.....? ??. Tntal Fee $112e50 ?-0 ?? ?? ?- $9,000 ......_....._.-.-- --------- SUSS?? GOi?I? 1645?i:?31 ?i00?.93 RCICK MRRY 1852 CQMCI AVE 4339 ftflHN 5Cl ST PAUL MN 55108 EAGAN MN 55122 (612) 645-0331 (612)452--9683 , j,, "4' 4?? rn?- APPLICANT/PERMITEE SI NATU E UED Y: IGNATURE k PERMIT # REACTIVATF: ? ? ?rsq CtTY OF EAGAN 11U.ffQ 1992 BUILDING PERMIT APPLICATION 681-4675 0 C T 14 RECp SINGLE & MULTI-FAMILY 2 sets of plans, 3 registered site surveys, 1 copy of energy calcs. COMMERCIAL 2 sets of arcfiitectural & structural plans, 1 set of specifications, 1 copy of energy calcs. Penalty applies when typing of permit is requested, but not picked up by last.working day of month in which re uest is made or lot chan e is re uested once ermit is issued. Date [0 //Y Val uat i on of work //, 3'? Site Address: 1? Wq i-+A.] 1-2 STREET SUITE 0 Tenant Name: (cort?nercial only) LOT ? BIACK SUBD. ?d&t 6t`-aJe LI i-tx P. 1. D. # Descri tion of work: .c The applicant is: D Owner IZ Contractor O Other (Describe) Name - Po -_ /'< i'"14 4 y% Phorse -'?(43 Property , LAST fIRST OWner Address f-13 3 5 k4 9, STREfT STE ? City S t a t e ??-'- Zip 55! Z ? Comp any SLAs-s EI)AN NAL_c Phone Contractor Address fFi- Z c-?? .4,,E . License #00a/ Exp. City S T; State f'L°I ,?. Z i p Sfi z-? Company Phone Architect/ EngitleGr Name Registration # Address City State Zip Sewer & water licensed plumber . Processing time for sewer 8 water permits is two days once area has been approved. 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 af Eagan Ordinances. Signature of Appl icant: OFFICE USE ONLY BUILDING PERMIT TYPE ? 01 Foundation ? 06 Duplex O 11 Apt./Lodgfng O 02 SF Dwg. ? 07 4-Plex O 12 Multi. Misc. ? 03 SF Addition ? 08 8-Plex W13 Garage/Accessory ? 04 SF Porch ? 09 12-Plex O 14 Fireplace D 05 SF Misc. ? 10 Multi. Add'1. O 15 Deck WORK TYPE 31 New O 33 Alterations ? 35 Tenant Finish ? 32 Addition E3 34 Repair ? 36 Move GENERAL INFORMATION Const. (Actual) 1<°N (Allowable) _ UBC Occupancy M.1 Zoning # of Stories Length Depth APPROVALS Basement sq. ft. lst F1. sq. ft. 2nd F1. sq. ft. Sq. Ft. total Footprint Sq. ft. 4n-site well On-site sewage Planning Building Engineering Variance REQUIRED INSPECTIONS ,q TT,?c?? CPARA64-- ? Site Footing -P:Framing ? Wallboard ? finai O Draintile ? ? O Insulatian O Fireplace Permi t Fee ? Q'S . 00 vetuacia,: g ? P-O°' ? Surcharge c{,? Plan Review aA Y, y dG m9 -7f? License MWCC SAC C 3 ty SAC Water Conn. Water Meter . Acct. Deposit S/W Permit S/W Surcharge Treatment P1. Road Unit Park Ded. ' . Traiis Ded. Cop ies Other Total:. SAC 96 SAC Units ;. _ ?? ' ,,. ,. ? ? • L? 16-Taseme%nt Finish CI ll Swim Pool ? 18 Comm./Ind. C] 19 Comm./Ind. Misc. D 20 Public Facility C] 21 Miscellaneous ? 37 Demolish MWCC System City Water PRV Required Baoster Pump Fire Sprinkler Census Code SAC Code C&..g" s a O ?0 C~ ') L45?' 64 Mo Assessments PERMIT # REACTIVAYE ? GtTY OF EAGAN 1992 BUILDING PERM17 APPLICATION 681-4675 SINGLE & MULTI-FAMILY 2 sets of plans, 3 registered site surveys, 1 copy of energy calcs. COMMERCIAL 2 sets of architectural:& structural plans, 1 set of specifications, l copy of energy calcs. Penalty applies when typing of permit is requested, but not picked up by last working day of month in which re uest is made or lot chan e is re uested once ermit is issued. Date 7 2- Valuation of work Site Address:_ y/RA H tq Po A`b STREET SUITE N Tenant Name: (commercial only) r? BLOCK SUBD. P. .I.D. # Descri tion of work: DE_?-rAC+-tiE? CaK-qCYt_-- The appl i cant i s: D Owner Q<Contractor O Other (Describe) Name _ ? C?C-K JYl AP-i' Phone -//S-;? = 76 'PrOpErty LAST FtRST Owner Address q.3 3?) RA STREET STE 0 City IQ . State Zip _'?/,2-2, Company Phone -cY, ?l Contractor _ P,aN NALc-ZKy Address ?? ,S a?'-??1 License #?? c l`I3?1 Exp. City fT , f) A('iState Zip Company Phone Architect/ . E11gif1@el' Name Reg i strat i on # Address City State Zip Sewer b water licensed plumber . Processing time for sewer & water permits is two days once area has been approved. I hereby-acknowledge that .I have read this application and state that the information is correct and agree to comply with atl applicable State of Minnesota Statutes and City of Eagan Ordinances. . Signature of Applicant: OFFICE USE ONLY BUILDING PERMIT TYPE O 01 Foundation 13 06 Duplex O 11 Apt./Lodging 0 16 Basement Finish O 02 SF Dwg. 0 07 4-Plex ul? ? O ? 17 Swim Pool ? 03 SF Addition ? 08 8-Plex 13 Garage/Accesso C ? 18 Comm./Ind. O 04 SF Porch ? 09 12-Plex replace -U O 19 Comm./Ind. Misc. ? 05 SF Misc. ? l0 Multi. Add'l. O 15 Deck 0 20 Public Facility 0 21 Miscellaneous WORK TYPE D 31 New ? 33 Alterations El 35 Tenant Finish ?37 Demolish 0 32 Addition El 34 Repair O 36 Move GENERAL INFORMATION Const. (Actual) Basement sq. ft. MWCC System (Allowable) lst F1. sq. ft. City Water UBC Occupancy y_A_I 2nd F1. sq. ft. PRV Required Zoning Sq. Ft. total Booster PumP f of Stories Footprint Sq. ft. Fire Sprinkler Length ??• On-site well Census Code 6 yq Depth On-site sewage SAC Code APPROVALS Cp"545 ?11? Planning . Building Assessments Engineering Variance REQUIRED IN SPECTI.ONS J(,Site D Footing ? Framing O Insulation ? Wallboard O Final ? Draintile 11 Fireplace . Permi t Fee f.? ,00 vetuat;a,: Surcharge Plan Review. - License . MWGC SAC City SAC Water Conn, Water Meter Rcct. Deposit S/W Permit S/W Surcharge Treatment Pl. Road Unit Park Ded. Trails Ded. Copies Other Total : _ 5 , ? $ SAG 96 SAC Units Y -LP \\ ? j2.cr.A ova.?. pu?o.J ?1$?= ? ?pa ? `r t ti QXM Wt. ?tC?MOV? 14.,2C SX22. d??+?.4tnrC M?? ??. av? ? ? ? ? ; GST • Q.crN. ov?, a1? z:z. ?Q?s.ac \ ? AC) ?L.r .,?,p ? ? 1t? F.?',-..? ?..%.-3. ? E ? ? ? pot ,-.? C) - / - -,-/ ? 14, - R o PHONE 454=6106 VILLAGE OF EAGAN 3798 P1LOT KNOB ROAD EAGAN, MlNNESOTA Sst22 ?? • - -<r? • i .. .. ?'3 ?? MASTER CARD LOCATION OWNER U STRUCTURE AND LAND USED AS d Permit No. issued Issued To Contractor Owner BUILDING C, r v- A PLUMBING CESSPOOL - SEPTIC TANK WELL ELECTRICAL HEATING GAS INSTALLING SANITARY SEWER OTHER OTHER Items FOOTING FOUNDATION FRAMING FINAL ELECTRICAL HE/aTING GAS INSTALLATION SEPTIC TANK CESSPOOL DRAINFIELD PLUMBING WELL SANITARY SEWER COMMENTS: Approved (Initial) Date Remarks Distance From Well SEPTIC CESSPOOL ? _ 7 } TILE FIELD FT. DEPTH OF WELL Violations Noted on Back 4 ,O,kl - COMPLIANCE INSPECTION REPORTS, TO BE USED ONLY IN EVENT OF OBSERVED VIOLATIONS PERMIT NO. DATE OF INSPECTION CONDITIONS OF CONSTRUCTION AT THIS INSPECTION ? NO EVIDENCE OF NON-COMPUANCE OBSERVED. a ACCEPTABLE SUBSTITUTIONS OR DEVIATIONS. ? NON-COMPLIANCE. BUILDER WILL COMPLY WI7HOUT DELAY. F NON-COMPLIANCE. BUILDER DOES NOT INTEND TO COMPIY. COMPLETION OF CERTAIN IMPROVEMENTS WILL BE DELAYED BY CONDITIONS BEYOND CONTROL. ITEMIZED AND DESCRIBED AS FOLLOWS: 1-1 REINSPECTION REQUIRED REINSPECTION REVEALED DATE OF REINSPECTION CERTI FICATION - I certify that I have carefully inspected the ahove in which I have no interest present or prospective; and that I have reported herein all significant conditions observed to be at variance with ordinances of the Town of Eagan, approved pians and specifications, and any specific require- ments for off-site improvements relating to the property inspected. F-I ALL IMPROVEMENTS ACCEPTABLY COMPLETED _ BUILDING INSPECTOR . DATE COMMENTS: t &aPAULTIT9 INSURANCE CORPORATION ?I Gk April 20, 1979 City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Special Assessments - 4339 Rahn Road Eagan - Gentlemen: Suite 210 301 West Burnsville Parkway Burnsville, Minnesota 55337 (612) 894-5020 Please find enclosed a check in the amount of $886.72 for payment of the special assessment on Sewer and Water Lats, for Lot 20, Block 1, Cedar Grove #4. If you have any question concerning this payment please don't hesitate to contact me. Sincerely yours, Cheryl Burg cb/enci. Please send a receipt to my attention in reference to our file D-4863. Affiliate of THE ST. PAUL COMOANIES INC. .,, , ? ?? ? ?? ? ?:,. ?.,. _,:,? - ?',? '\U`,"rj i?.. ., a ?. d..; Cr• + .... ?v. 1 16;70-3? c?Dv 0 ! Monday, June 17, 1991 Eagan City Council, I am wtiting to inform you that I do not agree with the assessment done on my house ( 4,339 Rahn Road ); Because of the road project the value of my house has gone down by more then $ 1000.00 . I do not fill I should be expected to pay for a project that has already been paid for by the state and was the direct cause of the decreased value of my house. Concerned Citizen, eryv Rock 9?- R?• ? MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS _ FROM: ?ITY ADMIMSTRAT'OR HEDGES DATE: MARCH 17,1992 SUBJECT: ADMIrTISTRATIVE AGENDA FOR iVIA,RCH 17, 1992 3tEGULAR CITY COUNCIL MEETING . C1TY ATTORNEY There are no items for an executive sassion at tbis time. However, the Mayor, City Council and City Attorney have reserved the right to call an executive session to address airy matters of pending litigation if desired. CITY ADMIIVISTRATOR Item 1. Rahn Road Appellants' Motion for Costs»Judge Mansur has granted the Rahn Road Appellants' Motion for Costs in the sum of $5,593. Please refer io a oopy of the - memo from the Ci Attorney's office ndtled 'Rahn Road Appellants' Motion for Costs" enclosed on pages ?adthrough AC'TION TO BE CONSIDERED ON THIS ITEM: To approve or deny tlie issuance of a check to the appellants in the sum of $5,593 as ordered by Judge Mansur. Item 2. Heller v. City of Eagan Assessment Appeal-The City has remived a Stipuladon and Order resolving the Heller v. City of Eagan assessment appeal which in summary causes the Heller parcel to be reassessed from its levied assessment of $49,277.80 to $40,000 and to be proportionately divided up among all of the assessed items as presented in the enclosed memo. Enclosed on pagesQ%through2U is aeDpy of a memo from Annette Margarit entitled "Heller v. City of Eagan Assessment Appeal," a rasolution adopting the settlement agreement and a copy of the Stipuladon and Order. - ACTION TO BE CONSIDERED ON THIS TTEM: To approve or deny a resolution that the Heller parcel be reassessed from its leyied assessment of $49,277.84 to $40,000 which in essence approves a Stipuladon for Settleaient resolving the Heller assessment appeal. Item 3. NorthviewBuilding F'ire Restoration Contract/Defanlt to Contrsctua1461igations-- As the City Council recalls, the Northview Park Buildiag sustained considerable damage as a result of a lightening strike and fire during the summer of 1991. Beacoa Builders incorporated were awarded a bid in the amount of $8,883 to correct the damage and assured staff that the 60 day eompletion timeframe was adequate to fiaish the :project. Unfortunately, the 60 day construction period expired and staff is of the opinion Lhat ths contractor did not meet its contractual obligations which are now impending the Gity's operational needs for the building. For additional information on why staff is requesting ?/ ? /6 703 -a oo -o / ? MEMORANDIIM TO: Tom Hedges, City Administrator FROM: Annette M. Margarit DATE: March 4, 1992 RE: Rahn Road Appellants' Motion for Costs J Enclosed please find a copy of Judge Mansur's Order granting the Rahn Road Appellants' Motion for costs in the sum of $5,593.00. This Motion was heard by Judge Mansur on February 28, 1992. We opposed the granting any of Appellants' costs on the basis that the City Council had followed the Legislature's process in adopting the appraisal and the City should not be punished by having to pay expenses for the Appellants when they have already been afforded their remedy namely, vacation of the assessment. A problem with our position, however, is that Minnesota Statutes Chapter 429 concerning special assessments specifically awards costs to a prevailing municipality but is silent to whether a prevailing property owner is entitled to costs. In a 1979 case involving Burnsville, however, the Minnesota Supreme Court stated that it "could see no logical reason why a prevailing municipality should be entitled to costs but not a prevailing landowner." See Village of Burnsville Assessments, 287 N.W.2d 375, 377 (Minn. 1979). The Court futher noted that awarding costs is up to the discreation of the trial judge. Id. In light of that case law, it is not surprising that the Judge awarded the Appellants their costs. I ask that, this matter be placed on the March 17, 1992 City Council Agenda for approval of the issuance of a check to the Appellants in tre sum of $5,593.00 as ordered by Judge Mansur. If you have any questions or need any further information, please contact me. ANIIM/wkt cc: Tom Colbert f ucF•too (4 -NJ No? d f i4q, lnry, poc1'A yrq rH0[,TARD GROVES AITY AT I.AW 260 SRYLINE SQIIARE BLDG 12940 HARRIET AVE S LBRNS MN 55337 r- ANNETTE M MARGARIT ATTY AT LAW 600 MIDWAY NAT BANK BLDG 7300 W 147TH ST LAPPLE VALLEY MN 55124 S7ATE OF MINNESOTA COUN7Y OF Dako[a NOTICE OF: O FJL.iN(3 OF ORDER 3?1 ENTRY OF JUDGMENT X3 DOCKEtlNG OF JUDGMENT Court Flle No.: C5-91-7756 . _ 1N R E: IN RE: ASSESSMENTS FOR PROJECT 584 RNOWN AS RAHN ROAD RECONSTRIICTION ETC. C3 Ybu nra heraby nodned that on 18 an Order was duly liled tn the above antitled marier. ? You are hereby notlflad that on MARCH 2-1992 Amended , 19 a Judgment wn.n duty entored (n the above ontltled mattor. ? You ue heroby notlfted that on ?? 2-1992 @?j , 18 a JudAmenl waa duly dockoted tn the ebove enUUed matter In the amount of $ 5593.00 AGAINST CITY OF EAGAN A trve and correci copy ot thla Notlce has bean sarved by maU upon the perttes named hera(n at tha last known address ot each, pursuant lo Mlnneaota Rules of Civtl Procedure, Rule 77.04. Dafed_ MARCH 2ND 1992 ROCER W. SAMES Court AdmlNstrator , b Y ' Deputy oday oi 19 ROGER W, SAMES, Court Adnunistrazor BY J ?-? • I?U,-S`, ?_' unr e STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT In Re: Assessments for Project File No. C5-91-7756 584, known as Rahn Road Reconstruction, adopted by the City of E agan on FINDINGS AND ORDER June 18, 1991: AND _ &.MENDID JUDGMIIdT Name Address P.I.N. Nathan R.'Benoy 4372 Rahn Road 10-707775-020-01 Gregory/Cindy Cox 4369 Rahn Road 10-16703-250-01 Irene Gillespie 4351 Rahn Road 10-16703-220-01 Dean/Karen Goche 4065 Rahn Road 10-16702-170-07 Darrell/Pat Haines 3990 Rahn Road 10-16704-110-03 Rober.t/Antoinette Keeney 4370 Rahn Road 10-70775-010-01 Vernon/Janet Nelson 3996 Rahn Road 10-16704-100-03 Paul/Deb Notermann 4374 Rahn Road 10-48050-104-01 Brian/Carrie Olwein 4363 Rahn Road 10-16703-240-01 Mary Rock 4339 Rahn Road 10-16703-200-01 Ron/Lorri Trenary 4137 Rahn Road 10-16702-080-03 Mark/Kathy Weidenhoft 4345 Rahn Road 10-16703-210-01 Appellants, vs. City of Eagan, a municipal corporation, Respondent. Motion of Appellants for an award of costs and disbursements was heard by the undersigned as a telephone conference on February 28, 1992, at the Dakota County Judicial Center, Hastings, Minnesota. The Appellants were represented by Howard Groves, their attorney. The Respondent City was represented by Annette M. Margarit, its attorney. ----.??_?_- fae 19 1 ROGER W, SAMES, Court Admmsrxtor R ? . i?. _.-- y r ZSSUE Appellants seek an award of costs and disbursements in the aggregate amount of $5,593. Based upon the trial, the arguments of counsel, the Memoranda submitted, the file and proceedings heretofore had, the Court FINDS 1. That there is no issue as to the award of $193.00 of costs per statute and service of process fees. 2. That the protracted hearings were necessary because the appeal was of twelve (12) individual properties consolidated for trial by Order of this Court dated October 28, 1992. 3. That the appraisal costs of $350 per parcel is reasonable, as is the cost of $100 per parcel for attendance at trial by Appellants' expert. 4. That Appellants are entitled to reimbursement in the aggregate sum of $5,593. ? ORDERS 1. That Appellants are entitled to Judgment against the Respondent City of Eagan, a municipal corporation, in the sum of $5,593.00. 2. That the following Memorandum is incorvorated herein bv reference. 3. There being no justifiable reason for delay, the Court Administrator shall enter Judgment forthwith. 2 i ? DATED: 2-28-92 BY THE COURT: AMENDID JUDGMEN'r ? I hereby certify that the above Ordermodifies the b(ARTIN J MAN R Judgment entereci Jan 24-1992 and along with that " Judge Dis rict Court Judgment consti:tutes the Amended Judgment of the Court.` Date: March 2nd 1992 /? ' MEMORANDUM Roger W. Sames, Crt Admr By!?J c-ef Deputy (Seal) Costs an3I)'is ursemI nts - At oral argument the issue was not the amount or the reasonableness since it is slightly more than $450 per parcel; rather, whether under the relevant statute and case law the Appellants are entitled to reimbursement for expert appraisal services and testimonial costs. In Village of Burnsville Assessments, 2$7 N.W.2d 375 (Minn. 1979) the Minnesota Supreme Court stated "...we- can see no logical reason why a prev-_:eiling municipality should be entitled to costs but not a prevailing land owner..." In addition, Minn. Stat. 549.04 provides, in part, as follows: "In every action in District Court, the prevailing party...shall be allowed reasonable disbursements paid or incurred, including fees and mileage for service of process by the sheriff or by a private person." The taxation of costs is governed by the Rules of Civil Procedure and by Chapter 549 of Minnesota Statutes. The City cites Minn. Stat. 645.21, Subd. 1, as a basis for the preclusion of awarding of costs and disbursements. However, a full reading of Minn. Stat. 645., and more specifically, 645.26, Subd. 1, leads this Court to conclude that when a general provision in a law is in conflict with a.special provision in the same or another law the two shall be construed, if possible, so that 3 - l ? effect may be given to both. In addition, this Court concludes that where a conflict between two provisions is irreconcilable, the special provision shall prevail and shall be construed as an exception to the general provision. Finally, in this particular case, the provisions of Minn. Stat. 549.04 and 429.081 are not irreconcilable and, pursuant to the specific provisions of Minn. Stat. 645.26, this Court cons.trues each so that effect may be given to both of the aforementioned statutes. While the City's argument is one of inerit, under the facts of the case the Court is persuaded that the Appellant land owners are entitled to reimbursement and it is so ordered. 9 4 ._ MEMORANDUM TO: FROM: DATE: RE: Deanna Kivi Annette M. Margarit March 9, 1992 Rahn Road Assessments Enclosed please find the Waiver of Notice provided by attorney Howard Groves on behalf of the Rahn Road Appellants in which they waive any public hearing for the purpose of reassessing the parcels. With this document, you may proceed to direct Dakota County to reassess the parcels. I have also included a copy of the Court's Order and post-trial Order indicating that the parcels should be reassessed in the sum of $0. If you have any other questions, please do not hesitate to call. AMM/wkt cc: Tom Hedges Gene VanOverbeke STA'iE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: 10 OTHER CIVIL (SPECIAL ASSESSMENT APPEAL) , i In Re: Court File No. C5-91-7756 Assessments for Project 584, known as Rahn Road Reconstruction WAIVER OF NOTICE adopted by the City of Eagan on June 18, 1991: Name Address P.I.N. Nathan R. Benoy 4372 Rahn Road Gregory/Cindy Cox 4369 Rahn Road Irene Gillespie 4351 Rahn Road Dean/Karen Goche 4065 Rahn Road Darrell/Pat Haines 3990 Rahn Road Robert/Antoinette Keeney 4370 Rahn Road Vernon/Janet Nelson 3996 Rahn Road Paul/Deb Notermann 4374 Rahn Road Brian/Carrie Olwein 4363 Rahn Road Mary Rock 4339 Rahn Road Ron/Lorri Trenary 4137 Rahn Road Mark/Kathy Weidenhaft 4345 Rahn Road Appellants, vs. City of Eagan, a municipal corporation, Respondent. 10-70775-020-01 10-16703-250-01 10-16703-220-01 10-16702=170-07 10-16704-110-03 10-70775-010-01 10-16704-100-03 10-48050-104-01 10-16703-240-01 10-16703-200-01 10-16702-080-03 10-16703-210-01 The above-named Appellants, by and through their attorney, hereby waive notice of any meetings to be held by the Eagan City Council and waive any public hearing as required by Minnesota Statutes §429.071 for the purpose of adopting a resolution or taking any other necessary action pursuant to the Judgment and Decree entered in the above matter on January 24, 1992 vacating and setting aside the assessments against the above-described parcels ? and said Appellants further hereby specifically consent to the adoption of any resolutions or the taking of any other action which may be necessary to vacate and set aside the assessments against the above-described parcels. DATED: ? - 41- ? ?' I r Howard J. Grov? Attorney for Appellants 260 Skyline Square Building 12940 Harriet Avenue South Burnsville, Minnesota 55337 (612) 890-2477 Atty. I.D. No.: 38313 2 tJCf • 1Co N -"? . fb+sos d f Rnp, [Nry , Dociutlnq ?rm HOWAxn J cxOVEs ATTY AT I.AW STATE OF MINNESOTA STE 260 SRYLINE SQ • DAROTA 12940 HARRIET AVE S COUNTY OF LBURNSVILLE MN 55337 NOTlCE OF: ' rMS ANNETTE M MARGARIT EY FILING OF ORDER • ATTY AT I.AW BZ ENTRY OF JUDGMENT 600 MIDWAY PiAT BANK BLDG : 7300 W 147TH ST ? DOCKETING OF JUDGMENT L PI.E VALLEY MN 55124 CS-91-7756 Court Flle No.: ' ASSESSMIIdTS FOR PROJECT 584, RNOWN AS RAHN RD RECONSTRIICTION ETC. 1N RE; NATHM R BENOY ETAL V CITY OF EAGAN ETC. Qg 1bu are hereby noUfled that on JANUARy 24TH 1992 g an Order was duly flied ln the above entitied metter. ,1M You are hereby notlfled that on' JANIIARY 24TH 1992 , 19 a Judgment wsa duly anterod in tha abova entittad mattar. _ ? You are hereby notlflad that on , 18 a Judgment was duly docketed !n the above entlUed matter In the amount oi $ A true and corroct copy o( thla Notlce has been sarvod by maii upon tho parttes named heratn at the tnst known addrasa of each, pursuant to Minnasota Rules ot CIvU Procadure, Rule 77.04. Dated• JANUARY 24Tfl 1992 ROGER W SAKES • Court Administrator by ' Deputy ?. MACA 4N Fli e ffiIs day , oi ( ct-,U 1 g <<,? ROGEA W: AMES, Court Acministrator By . r . STATE OF MINNESOTA , COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT In Re: Assessments for Project 584, known as Rahn Road Reconstruction, adopted by the City of Eagan on June 18, 1991: Name Nathan R. Benoy Gregory/Cindy Cox Trene Gillespie Dean/Karen Goche Darrell/Pat Haines Robert/Antoinette Keeney Vernon/Janet Nelson Paul/Deb Notermann Brian/Carrie Olwein Mary Rock Ron/Lorri Trenary Mark/Kathy Weidenhoft vs. Address 4372 Rahn Road 4369 Rahn Road 4351 Rahn Road 4065 Rahn Road 3990 Rahn Road 4370 Rahn Road 3896 Rahn Road 4374 Rahn Road 4363 Rahn Road 4339 Rahn Road 4137 Rahn Road 4345 Rahn Road Appellants, City of Eagan, a municipal corporation, P.I.N. 10-70775-020-01 10-I6703-250-01 10-16703-220-01 10-16702-170-07 10-16704-110-03 10-70775-010-01 10-16704-100-03 10-48050-104-01 10-16703-240-01 10-16703-200-01 10-16702-080-03 10-16703-210-01 Respondent. The above-entitled motion for amended findings or in the alternative, a new trial came on for hearing on the Special Term calendar at 9:00 a.m. on January 21, 1992 at the Dakota County Judicial Center in Hastings, Minnesota before the undersigned judge of district court. Annette M. Margarit, Attorney-at-Law, appeared on behalf of the City. appeared for Appellants. Howard Groves, Attorney-at-Law, Based on the arguments, the memoranda, 1 File No. C5-91-7756 FINDINGS OF FACT, CONCLUSIONS OF LAW. ORDER FOR JUDGMENT affidavits and the file this day oi 19 -fi, D., fiOGEH W. SAMES, cowt aamu+lstruor gy y?? • r?? ???? QEPt?TY •.. ile, the Court FINDS ? 1. That it is not necessary for the Court to adopt the "ity's proposed amended findings. 2. That no new facts have been presented which could 'esult in a new trial. ORDERS 1. That the Respondent City's Motions be and the same are iereby denied in their entirety. 2. The following Memorandum is hereby incorporated by :eference. 3. That the Court Administrator shall forthwith enter judgment accordingly. DATED: January 23, 1991 BY THE COURT: TIN J. S ?udge of is ict Court MF.aSORANDIIM Those proposed "technical" amended Findings which are not germane to the determination of the trial's outcome have not been addressed herein. The Court recognizes that there are two sides to this issue, and the City's case was fully, competently and fairly presented 2 • ? ? ? ? to the Court. Appraisal ot the properties was of the greatest impoxt to the Eactfindex. As artioulated in this Mamorandum and in the Decembar 1II, 1991 Findinc.?a, Qrder and Memorandum, in the factfincler1s view, the Pacts tend to support Appellants. The crux of Appe112nts' alaim ia that the city unPairly assessed them Por strset improvements. Tha standard for valid special assessmants is: (1) the land must receive a apecial benefit from the improvament bQing aonstxucted; (2) the assossment must be uni.form upon the same alass of property, and (3) the assessment may not exceed the speaial benefit. C1r1so - Lanq I2ealty Cn. v. City of Windom, 307 Minn. 368, 369, 244 N.W.2d 517, 519 (Minn. 1976). Speaial benefit 3s maasured by the increase in the market value of the land owing to the improvement. -id . In appraising the subaeat property, an appraiser determineg what 'a willing buyex wouid pay a willing se11er for the property before, and than after, the improvament has been conatxucted. .?c. While the govsrnment entity is presumed to have set the assessment legally, an appellant may ovarcoitie the presumption by introduaing cQmpetent evidence that the assessment ia greater than the increase in market value o£ the prdperty due to the impxovemgnt. IA. These are the criteria whiah the Court applied to the Paats pxasented at trigl. It should be noted that in its Mamoxandum supporting its motion for a new trial or amended findings, the City 'rel.iea on Vi11ac{p. d-f Ec2ina v. J,og„egh, 254 Mirin. 84, 199 N.W.2d 809 (1962). zn that aase, the residents whose property abuttecl the i.mproved 3 E:;iio iHdlhm-1dnoo lDIJ1SIQ 0o d1C1>itiQ 9T=2S Z6iLZiTO . length of France Avenue objected to special assessments for widening and paving of the street. Minnesota's Supreme Court stated the law in Village of Edina, without setting out a standard or formula, by saying that "[t]he basis and justification of a special assessment are benefits to the property affected... [b]enefits which may be demonstrated by a mathematical exactness are not always required in order to support an assessment." Village of Edina v. Joseph, 119 N.W.2d at 818. ` Minnesota has also adopted a specific test, as cited in Carlson-Lanq Realty Co., above, which this Court has chosen to apply. While the City asserts that Village of Edina controls and that the December, 1991 decision fails to abide by it, it appears that the decision is consistent with both cases and in conformity with Minnesota law. ; i Both parties attempted to establish evidence of the ? ? properties' market value. Appellants' expert, Mr. Daniels, ! appraised each property based on individualized, detailed inspection of the properties and analysis of "comparables". His written appraisals were for both "before" and "after" values. Mr. Daniels factored into his appraisals his analysis of the effect of the Rahn Road imgrovements. There was also evidence that many prospective buyers refused to make offers for purchase of Rahn Road property after the improvements, and because of them, and testimony about the actual sales data available for those properties. Some of that data indicated that average sale prices of 4 Eagan homes in 1991 were 11.5% higher than 1988 averages. Yet, ? an assessed Rahn Road home whose owner did not participate in this action,\which was bought in 1988 (before improvements) and sold in 1991 (after improvements) failed to achieve that 11.5% increase. The City used this home in its effort to show that some increased value occurred. But the home's appreciation plus . the cost of the improvements was significantly less than the price needed to justify the 11.5% average sale przce plus the assessment cost. ` Mr. Daniels's credentials, his testimony and his exhibits were persuasive. That evidence indicated that the Rahn Road improvements had not only not benefitted the Appellants' properties but that the real market value of the properties had been adversely effected. Where no benefit is conferred by the , improvement, no special assessment is permitted. The City, on the other hand, offered evidence which was less persuasive. The City's well-qualified expert, Mr. Metzen,. testified based upon more general presumptions. about the individual properties. He did not inspect, or appraise the specific homes which were assessed but rather rel,ied on square _ footage and frontage statistics to determine comparable prices. He further generalized from his comparables, using smaller homes, based on square footage, to generalize fair market value far larger homes. In its position as the finder of fact,, the Court must choose one party's evidence over the other. Appellants' more specific 5 4 testimony was simply more convincing. The determination of Rahn Road as a"collector" street and the width of the improved road could be relevant as to whether the improvements directly caused increased traffic, if the Court had relied on that information alone, which is not-the case. The Court found, based on testimony from residents and real estate experts, that Rahn Road changed after the improvement from a quiet street to one on which traffic increased. Determination of the date that it was designated' a"collector" street and the exact width of the street are not significant to the Court's decision. Again, the criteria for the assessment must be whether the improvement benefitted the property, and the evidence indicated it did not. Finally, the method of assessment is not pertinent to the Court's conclusion that there is no benefit to the homeowners from the improvement. Any asssessment, regardless of its formula, is invalid. 6 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA ----------------- ----- - -- -- FIRST JUDICIAL DISTRICT ----------------- ------ : - - --- ----- ---- - In Re: Assessments for Project File No. C5-91-7756 584, known as Rahn Road Reconstruction, adopted by the City of Eagan on FINDINGS OF FACT, June 18, 1991: CONCLIISIONS OF LA.W, ORDER FOR JIIDGMENT Name Address .P I.N. Nathan R. Benoy 4372 Rahn Raad 10-70775-020-01 Gregory/Cindy Cox 4369 Rahn Road 10-16703-250-01 Irene Gillespie 4351 Rahn Road 10-16703-220-01. Dean/Karen Goche 4065 Rahn Road 10-16702-170-07 Darrell/Pat Haines 3990 Rahn Road 10-16704-110-03 Robert/Antoinette Keene y 4370 Rahn Road 10-70775-010-01 Vernon/Janet Nelson 3996 Rahn Road 10-16704-100-03 Paul/Deb Notermann 4374 Rahn Road 10-48050-104-01 Brian/Carrie Olwein 4363 Rahn Road 10 16703-240-01 Mary Rock 4339 Rahn' Road 10-16703-200-01 . Ron/Lorri Trenary 4137 Rahn Road 10-16702-080-03 Mark/Kathy Weidenhoft 4345 Rahn Road 10-16703-210-01 Appellants, t-ula m . - /F d2Y vs. Q7 19 _?l, ?iiitaEfl IN. SAtr1t$, COUR Adn, u115.1atOf City of Eagan, a municipal corporation, py u::?-?rr Respondent. --------------------------------------------------------------- The above-entitled appeals from the assessments levied by the City of Eagan have been consolidated for the purposes of the trial and were heard by the undersigned on the Court calendar and without a jury on Friday, November 15, 1991, and Friday, November 22, 1991, at the Dakota County Judicial Center, Hastings, Minnesota. The Appellants appeared in person and were represented by Howard Groves, their attorney. The Respondent City was 1 represented by Annette M. Margarit, its attorney. The Court having considered the evidence adduced at trial, having examined the evidence offered by the respective parties and alI the records of the proceedings and being fully advised, makes the following: FINDINGS OF FACT 1. That the above-named property owners appealed from a Special As'sessment levied by the City of Eagan on June 18, 1991, for Project No. 584. The Projeat as proposed by the city council included the widening, grading, base and bituminous resurfacing, curb and gutter and utility improvements on Rafin' Road between Beau 'D Rue Drive and Shale Lane. 2. That Appellant Nathan R. Benoy is the owner of a parcel of land abutting onthe west side of Rahn Road and legally described as: Lot 2, Block 1, Sons Addition, Dakota County, Minnesota. Said Appellant has 85. feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 per front Poot for a total of $2,617.15, and the highest and best use of said parcel is residential. . 3. That Appellants Gregory and Cindy Cox are the owners of a parcel of land abutting on the east side of Rahn Road and legally described.as: Lot 25, Block 1, Cedar Grove No. 4, Dakota County, Minnesota. 2 r Said Appellants have 75 feet of frontage on Rahn Road and the amount of the assessment'levied against said property was $30.79 per front foot for,a total of $2,309.25. The parcel is zoned for residential use, and the highest and best use of said parcel is for residential use. 4. That Appellant Irene Gillespie is the owner of a parcel of land abutting on the east side of Rahn Road and legally s described as follows: Lot 22, Block 1, Cedar Grove No. 4, Dakota County, Minnesota. ?-- Said Appellant has 75 feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential use and highest and best use of said parcel is for residential use. 5. That Appellants Dean and Karen Goche are the owners of a parcel ot land abutting on the east side of Rahn Road and legally described as follows: Lot 17, plock 7, Cedar Grove No. 3, Dakota County, Minnesota., Said Appellants have 120 feet of frontage on Rahn Road ancl the amount of the assessment levied' against such property was.$30.79 per front foot for a total of $4,178.20. The parcelis zoned for residential use 'and the highest and best use of said parcel is for residential use. 6. That Appellants Darrell and Pat Haines are the owners of 3 , a parcel of land abutting on the west side of Rahn Road and legally described as follows: . Lot 11, Block 3, Cedar Grove No. 3, Dakota County, Minnesota. • . Said Appellants have 120 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $3,694.80. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. • 7. That Appellants Robert and Antoinette Keeney are the owners of a parcel of land abutting on the west side of Rahn Road and legally described as follows: Lot 1, Block 1, Sons Addition, Dakota County, Minnesota. Said Appellants have 125 feel of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $3,848.75. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 8. That Appellants Vernon and Janet Nelson'are the owners of a parcel of land abutting on the west side of Rahn Road and legally described as follows: . - Lot 10, Block 3, Cedar Grove No. 5, Dakota County, Minnesota. Said Appellants have 120 feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 4 G per front foot for a total of $3,694.80.' The parcel is zoned for ` residential use and the highest and best use of said parcel if for residential use. 9. That Appel].ants Paul and Deb Notermann are the owners of a parcel of land abutta.ng on the west side of Rahn Road and legally described as follows: Lot 104, Block 1, Meadow Land, First Addition, Dakota County, Minnesota. Said Appellants have 90.98 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $2,801.58. The pardel is zoned for residential use and the highest and best use of said parcel is for residential use. • 10. That Appellants Brian and Carrie Olwein are the owners of a parcel of land• abutting on the east side of Rahn Road and legally described as follows: Lot 24, Block 1, Cedar Grove No. 4, Dakota County, Minnesota. Said Appellants have 75 feet of frontage on Rahn Road and the amount of the assessment levied against-said property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. ' 11. That Appellant Mary Rock i.s the owner of a parcel of land abutting on the east side of Rahn Road and legally described as follows: 5 Lot 20, Block 1, Cedar Grove No. 4,,Dakota County, Minnesota. ? Said Appellant has 75 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 ` per front foot for a total of $2,309.25. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. • . ? . 12. That Appellants Ron and Lorri Trenary are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 8, Block 3, Cedar Grove No. 3, Dakota County, Minnesota. Said Appellants have 195.21 feet of frontage'on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $6,010.52. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 13. That Appellants Mark and Kathy Weidenhaft are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 21, Block 1, Cedar Grove No. 4, Dakota County Minnesota. • Said Appellants have 75 feet of frontage.on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a totaT of $2,309.25. The pareel is zoned for residential use and the highest and best Ise of said parcel is 6 6 ' for residential use. 14. Upon the trial of the above enumerated appeals the City's value witnesses offered testimony as to the amount of the assessment that would be reasonable and did not specifically address the before and after value as to each property that is the subject of this appeal. Enumerated herein is a summary of the City's value witnesses. ? Citv's Value • Witness's Opinion Amt of Name Scr.ft. /house As to Amt of Benefit Assmt. Benoy 1,176 $ 2,500.00 -$- 2,617.15 Cox 1,120 2,309.25 2,309.25 Gillespie 912 2,309.25 2,309.25 Goche 990 2,500.00 ' 4,178.20- Haines 864 2,500.00 - 3,694.80 Keeney 2,184 2,500.00 3,048.75 Nelson 1;066 . 2,500.00 3,694.80 Notermann 1,112 2,500.00 2,801.58 Olwein 1,008 2,309.25 2,309.25 Rock' 1,236 21309.25 21309.25 Trenary 912. 21500.00/3,000.00 6,010.52 Weidenhaft - 1,232 2,309.25 2,309.25 14. That the Appellant's value witness testified follows: Name Iiefore Value After Value Benoy $ 99,500.00 $ 99,500.00 Cox 89,000.00 89,000.00 Gillespie 72,500.00 . 72,500.00 Goche 80,000.00 .80,000.00 Haines 72,500.00 . 72,500.00 Keeney. , 130,000.00 130,000.00 Nelson 95,000.00 95,000.00 Notermann ' -110,000.00 110,000.00 Olwein 84,000.00 84,000.00 RoCk 85,000.00 . • 85,000.00 Trenary . 74,500.00 74,500.00 Weidenhaft 95,000.00 95,000.00 as 7 ? 15. That the abutting properties enumerated herein have borne prior street resurfacing, curb"and gutter assessments. 16. That prior to the improvement, Rahn Road was a quiet, residential street. 17. That the improvement established Rahn Road as a heavy capacity roadway, invited and did, in fact, substantially increase truck and other vehicular traffic. 18. }That the increased traffic flow, change in the type of traffic and its attendant characteristics`create hazards, noise and pollution, all of which are detrimental to abutting residential properties. 19. That the overall evidence shows that the fair market value of the Appellants' property did not change in the before and after value following in the installation of the improvement, that is, the improvements did not increase the value of the Appellants' property. • 20. That by reason thereof, the City of- Eagan Improvement Project No. 584 did not specifically benefit each of the Appellants' properties. CONCLIISIONS OF T,AW 1. That the assessments levied against the Appellants' properties be and the same are hereby vacated and set•aside. 2. The following Memorandum is incorporated herein by ref erence . . 3. _Let judgment be entered accordingly after a stay of 30 8 I days. DATID: 12-18-91 BY THL COIIRT: Jt-•-:. IN SIIR Judge o Di trict Court I?IEMORANDIIH The assessment of benefit to Appellants' properties as indicated in the assessment roll was sufficientl,y cauntered by Appellants to require the fact issue as to the reasonable value of the property assessed before and after the improvement, and to what extent the properties may have benefitted. In considering the evidence of the before and after value, greater weight was given to the testimor?y of the Appellants' witnesses. Mr. Daniels formed his conclusions as to the market value of the respective properties in the year the assessment roll was adopted. His opinion as to the properties was further supported by realtors active in the sale of residential homes in the area, one of whom testified that the improvements of Rahn Road changed the character of the neighborhood, and this change impacted in•a- negative manner as to value of the Appellants' properties. In addition, one or more of these realtors cited actual sales listing experiences to further support their testimony. , • Mr. Metzen's opinion as to value is based upon his knowledge . 9 I } as to the builder of the homes in the area, and the type of homes t. the builder constructs. He elected not to inspect the subject homes. Additionally, the city offered no testimony in the before and after value of the individual parcels. Its expert testimony was based on a sale or sales that were not too remote in time but ; were not within the affected time frame; that is, at or near the improvement, or subject to the improvement. Mr. Met2en took into , , consideration his knowledge, his experience, the type of homes that the builder whom he was acquainted with constructs, and then the sale or sales that he relied on as comparables,to the subject properties in forming an opinion as to whether the assessment, as adopted by the city, met the statutory requirements. One should note that his opinion is that the assessment as adopted by the city did not for the most part meet the statutory requirements. As his testimony indicated, for most of the parcels he formed an . opinion that if there was a benefit, it was less than the assessment levied by the city. Both value witnesses considered the rate of inflation and the flat real estate market in arriving at their conclusions. It is this Court's view that the difference between the conclusions reached is that the city's value witness considered the availability of the use of the improvement rather than the increase in value. Additionally, it should be noted that the Appellants' value'witness submitted written appraisals for each parcel in support of his apinion as to value in the before and the after, whereas the city's value witness testified from his ? 10 . . c knowledge of the area, the builder whom he was acquainted with, ` and some comparables, and then he concluded that the properties benef itted in the amount that he testif ied without regard to the before and after value as to each. It should be noted that five of the parcels have 75 foot frontage and the square footage for each of the dwellings ranges from 912 square feet to'a high of 1;232 square feet. This approach appears to treat each parcel the same, I regardless of size, whereas in addition to the' differences noted with the properties that have 75 foot frontage, one need only review Finding No. 14 to see the further disparity. Finally, the Court has determined the assessments must be vacated for the reasons set forth herein. Therefore, it is not necessary to determine whether the method employed by the City. in computing the assessment is statutorily proper. , I 11 ;' .. . uv•?oo?i?l . ?bwo+ ?? ( K^0. G+A'1r, O?ee1+?+0 f HOWARD J GROVES ATTY AT LAW STE 260 SKYLINE SQ 12940 HARRIET AVE S (BURNSVILLE MN 55337 ?ANNETTE M MARGARIT. ATTY AT LAW 600 MIDidAY NATL BANR BLDG 7300 W 147TH ST LA_PPLF. VALLEY MN 55124 FINDINGS OF FACT, CONCLIISIONS OF LAW, ORDER FOR JIIDGMENT ' Yow ere heroby noUfiad thot on nFrEMBFR t RTH _ 18 91 en Order was duly flled In the above entitied mattor. ? Ybu ere horoby nollMed lhnt on 19 a Jvdgment wna duly entered In Ihe,above enllqed matler. ? You ere heroby nollNed ihai on 19 a Judpment ws.a duly dxketed in the sbove entiqed maNer in the amounl ot S .r . ?- A true onJ corroct copy ot lhlt Noltos hne been eerved by mall upon the perllss namsd hsroln at the 1ast known eddreea ot oach, purounnt to Minneeota Rulee ot Civti Proceduro, Rute 77.04. Daled, DECII"ER 18TH 1991 ROGER W. SAISES Court Administrator by Depufy • RW W'sAAES. oM aamw&rrta eY r--7 6L23-.,4 cF%I(lf /o -i67D3 -200- a1 BTATE OF MINNfSOTA COUNTY OF - DAKOTA NOTICE OF; x FIUNC3 OF ORDER O ENTRY OF JUDC#MENT O DOCKETINt3 OF JUDC3MENT Coutt Fli• No.: C5-91-7756 0 1 N R E: NATHAN R. BENOY ET AL VS. CITY OF EAGAN ETC. .j ? : ? =- 1,0 1?(44 s w LL.'% Ir ???_ f s I , STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT In Re: Assessments for Project File No. C5-91-7756 584, known as Rahn Road Reconstruction, adopted by the City of Eagan on FINDINGS OF FACT. June 18, 1991: CONCLIISIONS OF LAW, ORDER FOR JIIDGMENT Name Address P.I.N. Nathan R. Benoy 4372 Rahn Road 10-70775-020-01` Gregory/Cindy Cox 4369 Rahn Road 10-16703-250-01' Zrene Gillespie 4351 Rahn Road 10-16703-220-01. Dean/Karen Goche 4065 Rahn Road 10-16702-170-07 Darrell/Pat Haines 3990 Rahn Road 10-16704-110-03 Robert/Antoinette Keeney 4370 Rahn Road 10-70775-010-01 Vernon/Janet Nelson 3996 Rahn Road 10-16704-100-03 Paul/Deb Notermann 4374 Rahn Road 10-48050-104-01 Brian/Carrie Olwein 4363 Rahn Road 10-16703-240-01 Mary Rock 4339 Rahn Road 10-16703-200-01 Ron/Lorri Trenary 4137 Rahn Road 10-16702-080-03 Mark/Kathy Weidenhoft 4345 Rahn Road 10-16703-210-01, Appellants, vs . EtFUER tK. sAMes. courc A*nrLrrzWr City of Eagan, a municipal corporation, By ?- Respondent. --------------------------------------------------------------- The above-entitled appeals from the assessments levied by the City of Eagan have been consolidated for the purposes of the trial and were heard by the undersigned on the Court calendar and without a jury on Friday, November 15, 1991, and Friday, November 22, 1991, at the Dakota County Judicial Center, Hastings, Minnesota. The Appellants appeared in person and were represented by Howard Groves, their attorney. The Respondent City was 1 ' represented by Annette M. Margari-`, its attorney. The Court having considered the evidence adduced at trial, having examined the evidence offered by the respective parties and all the records of the proceedings and beinq fully advised, makes the following: FINDINGS OF FACT 1. That the above-named property owners appealed from a Special Assessment levied by the City of Eagan on June 18, 1991, for Project No.,584. The Project as proposed by the city council included the widening, grading, base and bituminous resurfacing, curb and gutter and utility improvements on Rahn Road between Beau 'D Rue Drive and Shale Lane. 2. That Appellant Nathar? R. Benoy is the owner of a parcel of land abutting on the west side of Rahn Road and legally described as: Lot 2, Block 1,.Sons Addition, Dakota County, Minnesota. Said Appellant has 85 feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 per front foot for a total of $2,617.15, and the highest and best . .., use of said parcel is residential. 3. That Appellants Gregory and Cindy Cox are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as: Lot 25, Block 1, Cedar Grove No. 4, Dakota County, Minnesota. 2 Said Appellants have 75 feet of frontaga on Rahn Road and the amount of the assessment levied against said property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential use, and the highest and best use of said parcel is for residential use. 4. That Appellant Irene Gillespie is the owner of a parcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 22, Block 1, Cedar Grove No. 4, Dakota County, Minnesota. Said Appellant has 75 feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential use and highest and best use of said parcel is for residential use. 5. That Appellants Dean and Karen Goche are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 17, Block 7, Cedar Grove No. 3, Dakota County, • Minnesota. ? Said Appellants have 120 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $4,178.20. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 6. That Appellants Darrell and Pat Haines are the owners of 3 a parcel of land abutting on the west side of Rahn Road and , legally described as follows: Lot 11, Block 3, Cedar Grove No. 3, Dakota County, Minnesota. Said Appellants have 120 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $3,694.80. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 7. That Appellants Robert and Antoinette Keeney are the owners of a parcel of land abutting on the west side of Rahn Road and legally described as follows: - Lot 1, Block 1, Sons Addition, Dakota County, Minnesota. Said Appeilants have 125 feel of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $3,848.75. The parcel is zoned for residential use and the highest and best use of said parcel is I for residential use. 8. That Appellants Vernon and Janet Nelson are the owners of a parcel of land abutting on the west side of Rahn Road and legally described as follows: ,- Lot 10, Block 3, Cedar Grove No. 5, Dakota County, Minnesota. Said Appellants have 120 feet of frontage on Rahn Road and the amount of the assessment levied against said property was $30.79 4 per front foot for a total of $3,694.80. The parcel is zoned for residential use and the highest and best use of said parcel if for residential use. 9. That Appellants Paul and Deb Notermann are the owners of a parcel of land abutting on the west side of Rahn Road and legally described as follows: Lot 104, Block 1, Meadow Land, First Addition, Dakota County, Minnesota. Said Appellants have 90.98 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $2,801.58. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 10. That Appellants Brian and Carrie Olwein are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 24, Block 1, Cedar.Grove No. 4, Dakota County, Minnesota. Said Appellants have 75 feet of frontage on Rahn Road, and the amount of the assessment levied against said property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 11. That Appellant Mary Rock is the owner of a parcel of land abutting on the east side of Rahn Road and legally described as follows: 5 ' Lot 20, Block 1, Cedar Grove No. 4,,Dakota County,,_ Minnesota. Said Appellant has 75 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 ? per front foot for a total of $2,309.25. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 12. That Appellants Ron and Lorri Trenary are the owners of aparcel of land abutting on the east side of Rahn Road and legally described as follows: Lot 8, Block 3, Cedar Grove No. 3, Dakota County, Minnesota. Said Appellants have 195.21 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $6,010.52. The parcel is zoned for residential use and the highest and best use of said parcel is for residential use. 13. That Appellants Mark and Kathy Weidenhaft are the owners of a parcel of land abutting on the east side of Rahn Road and legally described as follows: ; Lot 21, Block 1, Cedar Grove No. 4, Dakota County. Minnesota. Said Appellants have 75 feet of frontage on Rahn Road and the amount of the assessment levied against such property was $30.79 per front foot for a total of $2,309.25. The parcel is zoned for residential u'se and the highest and best dse of said parcel is 6 for residential use. 14. Upon the trial of the above enumerated appeals the City's value witnesses offered testimony as to the amount of the assessment that would be reasonable and did not specifically address the before and after value as to each property that is the subject of this appeal. Enumerated herein is a summary of the City's value witnesses. City's Value Witness's Opinion Name Sq.ft. /house As to Amt of Benefit Benoy 1,176 $ 2,500.00 Cox 1,120 2,309.25 Gillespie 912 2,309.25 Goche 990 2,500.00 Haines 864 2,500.00 . Keeney 2,184 2,500.00 Nelson 1,066 2,500.00 Notermann 1,112 2,500.00 Olwein 1,008 2,309.25 RoCk 1,236 2,309.25 Trenary 912 2,500.00/3,000.00 Weidenhaft 1,232 2,309.25 14. That -the Appellant's value witnes follows: Name Before Value Benoy $ 99,500.00 Cox 89,000.00 Gillespie 72,500.00 Goche 80,000.00 Haines 72,500.00 Keeney 130,000.00 Nelson 95,000.00 Notermann 110,000.00 Olwein 84,000.00 Rock 85,000.00 Trenary 74,500.00 Weidenhaft 95,000.00 Amt of Assmt. $ 2,617.15 2,309.25 2,309.25 4,178.20 3,694.80 3,048.75 3,694.80 2,801.58 2,309.25 2,309.25 6,010.52 2,309.25 s testified After Value $ 99,500.00 ; 89,000.00 72,500.00 80,000.00 72,500.00 130,000.00 95,000.00 110,000.00 84,000.00. • 85,000.00 74,500.00 95,000.00. as 7 15. That the abutting properties enumerated herein have borne prior street resurfacing, curb and gutter assessments. 16. That prior to the improvement, Rahn Road was a quiet, residential street. 17. That the improvement established Rahn Road as a heavy capacity roadway, invited and did, in fact, substantially increase truck and other vehicular traffic. 18. That the increased traffic flow, change in the type of traffic and its attendant characteristics create hazards, noise and pollution, all of which are detrimental to abutting . residential properties. 19. That the overall evidence shows that the fair market value of the Appellants' property did not change in the before and after value following in the installation of the improvement, that is, the improvements did not increase the value of the Appellants' property. 20. That by reason thereof, the City of Eagan Improvement Project No. 584 did not specifically benefit each of the Appellants' properties. 1. Tha properties be 2. The reference. 3. Let CONCLIISIONS OF LAW ? t the assessments levied against the Appellants' and the same are hereby vacated and set aside. following Memorandum is incorporated herein by judgment be entered accordingly after a stay of 30 8 days. _ DATED: 12-18-91 BY THE COIIRT: , /,,? SIIR ?VARTIN Z?NA Judge J Di trict Court !?l+IORANDUK The assessment of benefit to Appellants' properties as indicated in the assessment roll was sufficiently countered by Appellants to require the fact issue as to the reasanable value of the property assessed before and after the improvement, and to what extent the properties may have benefitted. In considering the evidence of the before and after value, greater weight was given to the testimony of the Appellants' witnesses. Mr. Daniels formed his conclusions as to the market value of the respective properties in the year the assessment roll was adopted. His opinion as to the properties was further supported by realtors active in the sale of residential homes in the area, one of whom testified that the improvements jof Rahn Road changed the character of the neighborhood, and this change impacted in a negative manner as to value of the Appellants' properties. In addition, one or more of these realtors cited actual sales listing experiences to further support their testimony. Mr. Metzen's opinion as to value is based upon his knowledge 9 ' as to the builder of the homes in the area, and the type of homes the builder constructs. He elected not to inspect the subject homes. Additionally, the city offered no testimony in the before and after value of the individual parcels. Its expert testimony was based on a sale or sales that were not too remote in time but were not within the affected time frame; that is, at or near the improvement, or subject to the improvement. Mr. Metzen toox into consideration his knowledge, his experience, the type of homes that the builder whom he was acquainted with construets, and then the sale or sales that he relied on as comparables to the subject properties in forming an opinion as to whether the assessment, as adopted by the city, met the statutory requirements. One should note that his opinion is that the assessment as adopted by the city did not for the most part meet the statutory requirements. As his testimony indicated, for most of the parcels he formed an opinion that if there was a benefit, it was less than the assessment levied by the city. Both value witnesses considered the rate of inflation and the flat real estate market in arriving at their conclusions. It is this Court's view that the difference between the ; conclusions reached is that the city's value witness considered the availability of the use of the improvement rather than the increase in value. Additionally, it should be noted that the Appellants' value witness submitted written appraisals for each parcel in support of his opinion as to value in the before and the after, whereas the city's value witness testified from his 10 ' knowle??ge of the area, the builder whom he was acquainted with, , and some comparables, and then he concluded that the properties benef itted in the amount that he testified without regard to the before and after value as to each. It should be noted that five of the parcels have 75 foot frontage and the square footage for each of the dwellings ranges fram 912 square feet, to a high of 1,232 square feet. This approach appears to treat each parcel the same, regardless of size, whereas in addition to the' differences noted with the properties that have 75 foot frontage, one need only review Finding No. 14 to see the further disparity. Finally, the Court has determined the assessments must be vacated for the reasons set forth herein. Therefore, it is not necessary to determine whether the method employed by the City in computing the assessment is statutorily proper. ? ; 11 • ' . f? .?? ? STATE OF MINNESOTA O DISTRICT COURT ? COUNTY OF DAKOTA 400<\k 00, FIRST JUDICIAL DISTRICT ? CASE TYPE: 10 OTHER CIVIL ? SPECIAL ASSESSMENT APPEAL ) ? ---------------------------- ?- -------- -------- -------- In Re: Court File No. ? Assessments for Project 584, known as Rahn Road Reconstruction adopted by the City of Eagan kOTICE OF APPEAL on June 18, 1991 T0: THE ABOVE-NAMED COURT AND THE CITY OF EAGAN: NOTICE is hereby given pursuant to Minn. Stat. Sec: 429.081 that each of the property owners listed below hereby appeal the adoption of the above-referenced Assessment Roll as the same relates to property owned by each of the parties set forth below at the address and property identification-number set forth next to their respective names, all of which property is located in the City of Eagan, County of'Dakota, and State of Minnesota. Written objections to said Assessments were duly made to the City by each _ of the property owners listed below prior to or at the hearing at which said Assessments were adopted. Said Assessment Rolls were adopted by the City Council of the City of Eagan at its meeting held on June 18, 1991 as evidenced by a copy of the Minutes of said meeting which are attached hereto and marked Exhibit "A" and made a part hereof. The bases for this appeal with regard to each of the properties listed is as follows: 1. There is no special benefit to the property as a result of the "improvements". 2. The market value of the property has not been increased in the amount of the assessments adopted. 3. The assessment was not regularly and properly adopted. The property owners making this Appeal and the address and property identification number of their respective properties are set forth below: NAME ADDRESS Nathan R. Benoy 4372 Rahn Road Gregory Cox and 4369 Rahn Road Cindy Cox Irene Gillespie 4351 Rahn Road Dean Goche and 4065 Rahn Road Karen Goche Darrell Haines and 3990 Rahn Road Pat Haines Robert Keeney and 4370 Rahn Road Antoinette Keeney Vernon Nelson and 399.6 Rahn Road Janet Nelson Paul Notermann and 4374 Rahn Road Deb Notermann Brian Olwin and 4363 Rahn Road Carrie Olwin Mary Rock 4339 Rahn Road Ron Trenary and 4137 Rahn Road Lorri Trenary Mark Weidenhaft and 4345 Rahn Road Kathy Weidenhaft P.I.N. 10-70775-020-01 10-16703-250-01 10-16703-220-01 10-16702-170-07 10-16704-110-03 10-70775-010-01 10-16704-100-03 10-48050-104-01 10-16703-240-01 10-16703-200-01 10-16702-080-03 10-16703-210-01 2 0\ Dated this day of July, 1991. ' Howar J. Grove Attorney for Pr4erty Owners on Rahn Road 260 Skyline Square Building 12940 Harriet Avenue South Burnsville, Minnesota 55337 (612) 890-2477 Atty. I.D. No.: 38313 3 - EXHIBi.'_ A Page 6/EAGAN C17Y COUNCIL MINZJTFS June 28, 1991 PROJEC't384fFTT?iAL.i?USE'SSM.£NT HEARING BAHN ROAD RECONSTRUCTION Atter inUoduciion by Mayor E;gas and City AdminisUator Hedges, Director of Public Works ?'om Colbert provided a brief overview of the assessmtnts aad the neighborhood meeting 6e1d on lunc il, 1991. He said seventy propertics with direct access onto Rahn Road reaived aotices of assessmcnt on this projed. Mayor Egan t6cn opened the public bearing to public oDmment. Mr. Charlcs MacDonald, of 4145 Rahn Road, said 6e had filed written objeciiol:tts:the assessments against 6is property. Mr. MacDonald said the walue of ltis home had actually droppod because.:ot the upgrade of Rahn Road and the resultant 6eavy trafTc. He said evidence o( that is the Dakota County Aisessor'a 6tGte laaering the value o[ his 6omc by a S pereeat due to Rahn Road. • • • . . . . Mayor Egao asked Mr. Bill Petttson?.o?thc ?Coun?ry:Ass?'ssor's oRa to e?lain the S percent deduction Gom property taxes because a number oi homeowners had referenoed it in connection wit6 the Rahn Road improvements. Mr. Petersoa said a misunderstandiag exists among the bomeowers as ro the meaaing of the S percent modif'ier. He said the moditier has been used since 1983 and was used for property along Rahn Road. lt was done, however, for 1990 valualions and, t6erefore, preceeded roconstruction of Rahn Road. T6e Dakota Counry Assessor's oftice uses mass appraisaI and deals witb avtrages and norms. He said they use a standard aite value and then look at each property and add or snbti. ct:frtim this standard value considering a number of factors, including being located on a major.sire?et:?` ?e: s?3d the County Assessor's of(ice uses moditiers quite frequently and is not implying ehat the imprcivpm?tits on :-tahn Road 6ad any impact on the'v valuations. Mr. Mark Weidenhah, of4345 Rafii'ktiad, said..widening and improving Rahn Road 6ad eompounded the negative ctfecl ot the road on tbe'u property. Nt:'diied ifiat,the State Attorncy General 6as niled that to be assessed for improvements, the City has to prove beneGt to:t#ie property. He said his property could not be aorth more %ith more Uaftic. Mr. Darrell Haines, of 3990 Rahn Road, complained about the poUcy used for assessments, the loss oF 6omc value and said additional properties on Bluestone, Carnelian, Jade, Flint, dc. s6ould sharc in the costs. Ms. Laur;e Luconic, of 4137 Raha:1f69ti,?s?id sbt:hdoi?e an informal survcy of otber atics and [ouod that many do not assess by [ront footage$?e also*ooaipi 'ained* 6ecause the lach of double atriping on the road bas led motorists to beliave that passing U":perm.isssli Mr. Gerard Bents, representuig;mouat G?v?ty Lutberan Church, objuted to the asseasment against the entire cburch property at the public:&:pd.tted out that this rate was the aamc as that oi eommercial property. Ht said they hsve`maae'tbe'6urcb?eva&file to organizadons tor meetiags free o[ charge and have, as a result, generated additional VafGc. He pointed out, 6owever, t6at approximately 190 [eet of the frontage on Rahn Road belongs to the parsonage and (elt it s6onld be:ssessed at a siagle-(amily rate. Mr. Bents wished to note that the 544,000 ass?asment oDnstitutes LS percent d the cburch's annual budget. Diredor of Public Works Colbcrt said the tatire paral 6as.qw.Jegyt), dr,saiptioe and it was assessed at one nte based on the zoning. Mr. Coibcrt said tbat the Cou?csl;?ad :c?sidet?d assessments on a differcnt case at the last City Council meeting and had determined tbat,E?S'sIDents sboiila:based on zoning. Mr. Bents asted tbat the City Council make an exoeptioc. ..... ... Councilmember Pawlenty tben %uvssed the situadon ' i?erred to by Mr. Catbert. lo thet instana, J the Ciry Council had assessed at a hightr;iii?:gtopetfj!oietsQtid 6ave had 'SSeSsR+CIII-baCJCCd t.xpCdaLI0II5' (or a higher and better use of the propeity;;::le ":isstlnot; 4tte it a higher zoning and the property rnvner is asking for assmmonts based on a loaver use. Direcior of Public Worics Colbert noted that if the property Page 7fEAGAN CITY COUNCIL MINUTFS )une 28, 1991 is assessed at a lower rate and 'u ullimalCliput to a higher use, the City would not 6ave the opportunity, once the assessments are levied, to reassess am:d?:hi?}ttx;:tabe::::?:?;?:?::::::::;:;: " . . . . . .•.•.. . . . . . . . . .•.•. .. . . . . .. . . Mr. Terry Stover, o[ 3906 Ra4.:Raad, objecied to the aLSs«t++ents kviGd again.tt OuClot A o[ the Woodhaven Additian. He said that oudoi::tloes not have asse.ss onto Rahn Road and, fusi6er, the development plaa for the property indicates that atcess:must be oE Beau de Rue Drive. 1uii, Stover said any possibility of acc.ess onto Rahn Road was a virtual imposa'biiity due to the new elevation of the road. He referred to the fact that several properties along Rahn Road were noc asscssed because tbey had no driveway assess onto Rahn Road aod said he be6eved Oullot A was tbe onty one without access beiag assesaed. He said his property has already been assessed for improvements to Beau:de Rue. • Mr. Stover tben pointed out his:parcel's loss?of value because ot a permanent storm sewer easement granted to the City. While he had rectiv,o4:38,000 fi?;the easement, he said an appraiser had estimated the loss to his property at between S17,000 and 518,000. Ms. Lettie Knutson, of 2014 Shaft`Z:einie;?said:sh? bas??e:?gaiage wit6 access oN Rahn Road but her home 6as its drivew•ay access on Shale Laae. Ms: Kd'utsoii? pointed OtiE ihat two yoars ago her home was appraised at S98,000 and now the County tax assessor had indicated the value as $91,000. She asked wby 6er property values 6ad gone dowm. Mr. Paul Notterman, of 4374 Rahn Road, said it only took common sease to realiu that values had gone dow-n with the wideaing and repairing of Rahn Road. . Mayor Egan then asked City Attoto explain the process for objecting to assessmenls. Mayor Egan said the City Council.bad na.cboice'tiut to make this road improvement as Rahn Road in its previous condiuon was no longer fuacliond. ke8id iS.qne of the first reconstrudion projects in the City and the City Council has tried to adopt a cost formiila Aai::tbty.believe eqtutable to all those concerned. McCrea moved, Wachter seeonded a motion to close the public 6eariag, approve the final assessment toll for Project 584 (Rahn Road Reconstruetion) and authoriu arlilication to Dakota Couaty. Counc'dmember Gustaison asked, in regard to assessments based oa paazcels rather than front footage, if Mount Calvary Lutheran Church oould h4ve.l6e..issue of,s,i? family and public facilities trontage resolved by the City or whether the court would hay?-'tli:me:that_:deid#iaation. D'ur.ctor of Public Works Colbert said an assessment heazing judge would not ?valtiate t6e:.t?'tihod used to urive at the assossments, 6owever, such metbod wou)d be the prerogative of the City Councit: `Statute does raquire that the Gty Ueat all like properties in a similaz man.ner and t6ere could be a:?allcnge br.om the Baptist Chureb J the City Cound assessea Mount Calvary Lutberan Churcb at a ksser ratC:?:?:?.. Recognizing that there aas a wotionandaseconabe[ore the City Coundl, Mayor Egan asted City Attoroey Shcidon whether the City Council oould iecorporate some diicretionary policy in regard to the Mount Calvary Lutheran Chwc6 property. Mr. Sheldon aaid the City Counril oould complete the motion and sand it on in the process and then remove Moant Calvary Lutheran C6ureb Erom the process st a Iater date a tbey could request that staN make a review of that.par?pp?t;?ityadon and return wit6 t6eir findings at the nemi City Council meeting. . . 7'hc motioa betore the Councii iv??then revesed to ra4 McCYca moved, Wscbter seconded a motion to close the public bearing, approve the rwal;assessment roll [orPfnjed 584 (Rahn Road Reconswetion) noling all written objections, autboriu its certifric'atlpn to Dakota.!Cottcif j!;'aith speaal instructions to atafi to review the situation involving the Mount Calvary L;aElse??ip¢tty wil6 partiuilar attenlion being paid to any precedent-setting aciioa. .... ........... ...:..:. . 04-Jun-91 ASSESSMENT COST BREAKDOb1N PROJ NAME RAHN ROAD RECONSTRUCTION PROJ NUM? P584 SA NAME ST584 F RANN ROAD RECONSTRUCTION SA NAME ST584 SA# 2183 YEARS 15 SF 30.790 /FF INT RATE .085 MF 75.160 /Ff MOS 1ST YR INT 18 Ci 75.160 /Ff YEAR 1991 L!C '-15.400 /FF ASSESSMENT REC PROPERTY GROSS NET UNI7S PRO-RATA RATE AMOUNT NMBR IDENT# CL UNITS CREDITS SUBTOTAL FA ASSIBLE SHARE 1 10-01900-050-09MP 0 0 0 1 0 1 75.160 0.00 2 10-01900-031-10MF 1245 0 1245 1 1245 1 75.160 93574.20 3 10-01900-020-10CI 220 0 220 1 220 1 75.160 16535.20 4 10-01900-010-10CI 150 0 150 1 150 1 75.160 11274.00 5 10-84700-020-01SF 36.59 0 36.59 1 36.59 1 30.790 1126.61 S 10-84700-•030-01SF 36.59 0 36.59 1 36.59 1 30.790 1126.61 , 10-84700-040-01SF 36.59 0 36.59 1 36.59 1 30.790 1126.61 8 10-84700-050-01SF 36.59 0 36.59 1 36.59 1 30.740 1126.61 9 10-84700-060-01SF 61.4 0 61.4 1 61.4 1 30.790 1890.51 10 10-84700-070-01SF 112.76 a 0 112.76 1 112.76 1 30.740 3471.88 11 10-84700-010-00MF 299.7 0 299.7 1 299.7 1 75.160 22525.45 12 10-16700-010-09SF 137.88 0 137.88 1 137.88 1 30.T90 4245.33 13 10-16700-020-09SF 85 0 85 1 85 1 30.790 2617.15 14 10-16T00-030-09SF 85 0 85 1 85 1 30.790 2617.15 15 70-16700-040-09SF 85 0 85 1 85 1 30.T90 2617.15 16 10-16700-050-095F 85 0 85 1 85 1 30.T90 2617.15 17 10-16700-060-0941C 0 0 0 1 0 1 15.400 0.00 18 10-16700-110-11SF 116.18 0 116.18 1 116.18 1 30.790 3577.18 19 10-11700-010-02MF 155 0 155 1. 155 1 75.160 11649.80 20 10-22470-010-01MF 388.87 0;4 0 388.87 1 388.87 1 75.160 29227.47 21 10-32800-010-01MF 583.3 0 583.3 1 583.3 t 75.160 43840.83 22 10-48050-104-01Sf 90.99 0 90.99 1 90.99 1 30.790 2801.58 23 10-70775-010-01SF 125 0 125 1 125 1 30.790 3848.75 24 10-70775-020-01SF 85 0 85 1 85 1 30.790 2617.15 25 10-16701-300-01SF 115.7 0 115.7 1 115.7 1 30.790 3562.40 26 10-16T01-310-01SF 75 0 75 1 75 1 30.790 2304.25 27 10-16701-320-01SF 75 0 75 1 75 1 30.790 2309.25 28 10-16701-330-015F 75 0 75 1 75 1 30.790 2309.25 29 10-16701-340-01SF 75 0 75 1 75 1 30.790 2309.25 30 10-16701-350-01SF 75 0 75 1 75 1 30.T90 2309.25 31 10-16701-360-01Sf 75 0 75 1 75 1 30.790 2309.25 (Jp+B.t M4r1 J&?A e-y &-ne?/ / 04-Jun-91 ASSESSMENT COST BREAKDOWN PROJ NAME RAHN ROAD RECONSTRUCTION PROJ NUM P584 SA NAME ST584 F RAHN ROAD RECONSTRUCTION SA NAME ST584 SA# 2183 , YEARS 15 SF 30.790 /FF 1NT RATE .085 MF 75.160 /FF ' MOS 1ST YR INT 18 C1 75.160 /fF YEAR 1991 MC 15.400 /FF ASSESSMENT REC PROPERTY GROSS NET UNITS PRO-RATA RATE AMOUNT NMBR IDENT# CL UNITS CREDITS SUBTOTAL FA ASS'BLE SHARE ===---====-- -==--====--= 32 10-16701-370-01SF 75 0 75 1 75 1 30.790 2309.25 33 10-16701-380-01Sf 75 0 , 75 1 75 1 30.790 2309.25 34 10-16701-390-01SF 75 0 75 1 75 1 30.790 2309.25 35 10-16701-400-01SF 75 0 75 1 75 1 30.790 2309.25 36 10-16701-416-01Sf 75 0 . 75 1 75 1 30.790 2309.25 77 10 16701-420-01SF 75 0 75 1 75 1 30.790 2309.25 A 10-16701-430-01SF 75 0 75 1 75 1 30.790 2309.25 39 10-16701-440-01SF 75 0 75 1 75 1 30.T90 2309.25 40 70-16701-450-01SF 75 0 75 1 75 1 30.790 2309.25 41 10-76701-460-01Sf 95.73 0 95.73 1 95.73 1 30.790 ' 2947.53 42 10-16701-470-01SF 90 0 90 1 90 1 30.790 2771.10 43 10-16703-180-01SF 75 0 75 1 75 1 30.T90 2309.25 44 10-16703-190-01SF 75 0 75 1 75 1 30.790 2309.25 ? 45 10-16703-200-01SF 75 0 75 1 75 1 30.790 2309.25 R o? 'e r`?ei'h0i? ? 46 10-16703-210-01SF 75 0 75 1 75 1 30.790 2309.25 +A - 47 10-16703-220-01SF 75 0 75 1 75 i 30.790 2309.25 G+??=SP''e 48 10-16703-230-01SF 75 0 75 1 75 1 30.790 2309.25 49 10-16703-240-01SF 75 0 75 1 75 1 30.790 2309.25 O Lw ? n 50 10-16703-250-01SF 75 0 75 1 75 1 ?0.790 2309.25 0-0X 51 10-16703-260-01SF 90 0 90 1 90 1 30.790 27T1.10 52 10-16703-010-02WC 121.96 0 121.96 1 121.96 1 15.400 1878.18 53 10-16702-080-03SF 145.21 0 195.21 1 195.21 1 30.T90 6010.52 54 14-16702-110-04SF 115.7 0 115.7 1 115.7 1 30.790 3562.40 ? 55 10-16702-120-04Sf 115.7 0 115.7 1 115.7 1 30.T90 3562.40 56 10-16702-170-07SF 135.7 0 135.T 1 135.7 1 30.T90 4178.20 G? ?h e- 57 10-02000-010-28MF 589.43 0 589.43 1 589,43 1 75.160 44301.56 58 10-02000-010-29MF 175.52 0 175.52 1 175.52 1 75.160 13192.08 59 10-16704-100-03SF 120 0 120 1 120 1 30.790 3694.80 60 10-16704-110-03SF 120 0 120 1 120 1 30.T90 3694.80 e'S 61 10-02000-011-52MF 262.01 0 262.01 1 262.01 1 75.160 19692.67 62 40-16704-090-04SF 95 0 95 1 95 1 30.790 2925.05 ! TO: FROM: DATE: ECEii, t` U ? [F'`a ii MEMORANDUM Tom Colbert, Director of Public Works Annette M. Margarit November 4, 1991 RE: Rahn Road Assessment Appeal P" Enclosed please find Judge Mansur's Order and accompanying memorandum denying our motion to sever the twelve assessment appeals for Rahn Road that are combined into one action. The Judge seemed to basically buy the argument that because the parties are raising the same issue, namely, that increased traffic has diminished the value of their properties, the combination is appropriate. The trial is currently scheduled for November 15, 1991. I understand that you will be on vacation on that date. Rather than continuing this trial because there are so many appeals that have been set for December and into January, I would prefer to have Mike Foertsch testify or get someone from Bonestroo to be available for this trial. I will contact Mike to see if he is available on that date. ANIlK/wkt ,.?._ :r .. ?+? ?r r Mo. Gw, cda? r?e ? POWARD J. GROVES . . . ' . , . ATTORNEY AT LAW . SUITE 260-SKYLINE SqUARE . e7ATE OF MiNNES07A 12940 HARRIET AVENUE SOUTH COUMY OF DAKOTA L BURNSVILLE MN 55337 . . ? . NO71CE oFt . . • . ' ' X'FlllhiG OF ORDER . _ [ANNETTE M. MARGARIT - ATTORNEY AT LAW ?FEWRY OF JUDC3MF-W . 600 MIbWAY NATIONAL BANK BLDG . 7300 WEST. 147TH ST ? DOCKETINa OF JUDaMENT' APPLE VALLEY MN 55124 Covri F1I• No.t CS 91 7756 IN aE; ASSESSMENTS FOR PROJECT 584 KNOWN AS RAHN-ROAD RECONSTRUCTION ECT. ? 1'tw ere horoby noUnod 11in1 on OCTOBER 29 _ 19 91 an Order waa dvly tlled ln ltio abovo onUUod mnttor. . ? Ybu oro horoby notl(iad thot on , 19^ -- n Judpmon? waa duly onlerod In.lha above entlUod mnllor; ? You are tioroby notlned lhal on - • 10.__ a Judpmenl w" duly docketed !n t}to, nbove entlqad m411or In lhe e.mounl ot S . ?• .? . . A,ria a n oddroaa ot oach, 'purouanl lo Mlnnoaol R loe ol Glvll Procodure Rulo 77a04?natth? lesl kno pa?ad? OCTOBER 29, 1991 _ . ROGER K. SAHES ilatralor .' b . • Co*Pvy Y . . Fle thls : o t -A ROGnER I l., BY i day ... / wcAMt s , . File this ?d,?/ ? t9..?> ? ROGEIi 11. 5l.?SEs, Court AdrtunisVator STATE OF MINNESOTA By p DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ----------------------------------------------------------------- In Re: Assessments for Project 584, File No. C5-91-7756 known as Rahn Road fteconstruction adopted by the City of Eagan on ftQ DER June 18, 1991 ----------------------------------------------------------------- The above-entitled matter came on for hearing before the undersigned on the Speeial Term calendar of the Court on Monday, October.28, 1991, at the Dakota County Judicial Center, Hastings, Minnesota. Annette Margarit, Attorney at Law, appeared on behalf of.the Respondent. Howard J. Groves, Attorney at Law,_appeared on behalf of the Petitioners. The issue is the assessment for the improvement of Rahn Road. The parties who are identified as the Petitioners represent 12 property owners on Rahn Road and have filed a joint appeal from the assessment promulgated by the Respondent City. The City moves for severance and for separate trials for .? each of the Petitioners. Based upon the file, the record made, the file and proceedings heretofore had, IT I S HEREBY ORDERED : 1. That the Respondent-City's motion be and the same is hereby denied. 2. That the following Memorandum is incorporated herein by reference. DATED: 10-28-91 ;ARTIN,4. Y T E OURT: ? UR udge f D strict Court 1 < s ., File this day , 0! 19 '""" + ROGER W. SAMES, Court Adrtunistratot By DEPUN ? MEMORANDUM The property is unique and, as such, the issue of benefits versus costs of improvements must be determined for each property exclusive of the other. Here the Petitioners apparently are residents on Rahn Road in the city of Eagan and have joined together in appealing the assessments that have been certified by the City against their subject properties for what the City alleges to be improvements by the widening of Rahn Road. The Petitioners contend that the improvements were initiated by the City to serve the primary interests of the Target store and Cub Foods store and to provide for better access to these locations. Further, the Petitioners allege that their subject property has diminished in value by reason of the widening of the road, the increased traffic to the business entities referred to herein. There being a common theme that forms the basis of the .? appeal from the assessments, it is this Court's view that the severance would not serve the interest of all parties, including the City, but rather, would allow for an expeditious disposition of the Petitioners' appeals and if either party is aggrieved by the Court's decision, allow for the appellate process to go forward without further delay. To grant the City's motion could involve different judges for different property owners and could possibly entail different results. This would cause confusion for all and would not serve the best interest of all parties, including the City. 2 a R MEMORANDUM TO: Tom Colbert, Director of Public Works FROM: Annette M. Margarit DATE: October 30, 1991 RE: Motion to Sever Rahn Road Appeals On October 28, 1991 I appeared before the Honorable Judge Martin Mansur to argue the City's motion to sever the twelve assessment appeals currently filed as one action. The appellants' attorney Howard Groves also appeared. Enclosed please find a copy of the papers Mr. Groves had filed for the purposes of this motion. Judge Mansurs' opening comments indicated his train of thought as he told Mr. Groves that all parcels were unique, and inquired as to why Mr. Groves believed the assessment appeals should be joined. Mr. Groves argued that the properties are very similar in locati(in and basically are arguing the same issue that the project has not benefitted them at all but in fact has been a detriment to their property. Through some of his other questions, it seemed apparent the Judge was not totally supportive of Mr. Groves' position. The Court asked for the City's position and I reiterated the Judge's own comments namely that each parcel is unique and by the very nature of the special assessment, the City may not levy an assessment greater than the benefit to that particular parcel. I pointed out to the Court that the parcels were not all assessed the same amount indicating that they differed in some respect. I also argued that, in the event the Court did not agree that the properties had been benefitted to the amount of the assessment, the Court would need to be able to arrive at some equitable means of determining a reduction in the assessment. Without knowledge of the. individual characteristics of the properties, the Court would have to resort to a blanket type of reduction which would be unfair to the City and likely also the landowners. The Court noted that appellants paid only one filing fee. The Judge stated that he would take the matter under advisement and issue an order. ANIlK/wkt ?? ??? 2004 RESIDENTIAL MECHANICAL PERMIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 Please complete for: single family dwellings & townhomes/condos when permits are required for each unit U3 05D Date 0 Site Address Unit # Property Owner Telephone # ( (P, 2 ) ?? ? G_?? Contractor C'n Yn r4 StreetAddress City ?l C)l1? State rn ? Zip Telephone # Bond Expires: The Applicant is Owner X Contractor Other Add-on or alteration to existing dwelling unit $ 30.00 l ( f Additi ? l t ) urnace _ ona ep acemen _ air exchanger _ air conditioner _New _ Replacement other State Surcharge $ .50 9v ? Total $ • I hereby apply for a Residential Mechanical Perxnit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that I understand this is not a pernut, but only an application for a pernut, and work is not to start without a pernut; that the work will be in accordance with the approved plan in the case of ork which requires a review and approval of plans. 6&Cq ? _ Applicant's P' ed Name Applicant's i tur FE-B 1 3 2004 2004 COMMERCIAL MECHANICAL PERMIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 Please complete for: commercial/industrial buildings multi-family buildings when separate permits are not required for each dwelling unit Date / / . Site Street Address Unit # Tenant Name (if applicable) Previous Tenant Name Property Owner Telephone # ( ) Contractor Street Address City State Zip Telephone # ( ) Bond #: Expires: The Applicant is Owner Contractor Other Work Type _ New Construction _ Underground Tank _ Install _Remove **see below _ Interior Improvement _ Install Piping _ Processed _Gas Nature of Work: **When installing/removing underground tank, call for inspection by Fire Marshal and P/umbing Inspector Pei Ii3i$ i a^.c5: a70.50L'a:dess.:,ar.d :a; k i;s?tlarcr?'rL:nL?a l - $50.50 Minimum (includes State Surcharge) or Contract Value $ x 1% _ $ Perxnit Fee • If nernut fee is $1,000 or less, add $.50 ? $ State Surcharge If nernut fee is over $1,000, add $.50 for every $1,000 nermit fee $ Total Fee I hereby apply for a Commercial Mechanical Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that I understand this is not a permit, but only an application for a pernut, and work is not to start without a pernut; that the wark will be in accordance with the approved plan in the case of work which requires a review and approval of plans. Applicant's Printed Name Applicant's Signature Approved By: , Inspector Date: PERMIT City of Eagan Permit Type:Plumbing Permit Number:EA113363 Date Issued:09/03/2013 Permit Category:ePermit Site Address: 4339 Rahn Rd Lot:20 Block: 1 Addition: Cedar Grove 4th PID:10-16703-01-200 Use: Description: Sub Type:Residential Work Type:Replace Description:Water Heater 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. Kris Oien 3670 Dodd Rd Eagan, MN 55123 Fee Summary:PL - Permit Fee (WS &/or WH)$55.00 0801.4087 Surcharge-Fixed $5.00 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 - Laura Nelsen 4339 Rahn Rd Eagan MN 55122 Champion Plumbing 3670 Dodd Rd., #100 Eagan MN 55123 (651) 365-1340 Applicant/Permitee: Signature Issued By: Signature PERMIT City of Eagan Permit Type:Building Permit Number:EA113667 Date Issued:09/06/2013 Permit Category:ePermit Site Address: 4339 Rahn Rd Lot:20 Block: 1 Addition: Cedar Grove 4th PID:10-16703-01-200 Use: Description: Sub Type:Fireplace Work Type:Gas Fireplace (new) Description: Census Code:434 - Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Improvements to the home may require smoke detectors in all bedrooms. Chimney / flue must be inspected prior to concealing. Carbon monoxide detectors are required by law in ALL single family homes . Fireplace:1, HEARTH ROOM, GAS FIREPALCE Valuation: 3,000.00 Fee Summary:BL - Base Fee $3K $88.50 0801.4085 Surcharge - Based on Valuation $3K $1.50 9001.2195 $90.00 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 - Laura Nelsen 4339 Rahn Rd Eagan MN 55122 Hearth And Home Technologies 2700 N. Fairview Ave Roseville MN 55113 (651) 638-3309 Applicant/Permitee: Signature Issued By: Signature PERMIT City of Eagan Permit Type:Mechanical Permit Number:EA141004 Date Issued:02/08/2017 Permit Category:ePermit Site Address: 4339 Rahn Rd Lot:20 Block: 1 Addition: Cedar Grove 4th PID:10-16703-01-200 Use: Description: Sub Type:Residential Work Type:Replace Description:Furnace Comments:Questions regarding electrical permit requirements should be directed to State Electrical Inspector, Mark Anderson at (952) 445-2840. Carbon monoxide detectors are required within 10 feet of all sleeping room openings in residential homes (Minnesota State Fee Summary:ME - Permit Fee (Replacements)$59.00 0801.4088 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 - Delores E Fink 4339 Rahn Rd Eagan MN 55122 Bonfe's Plumbing & Heating 505 Randolph Ave St Paul MN 55102 (651) 228-9071 Applicant/Permitee: Signature Issued By: Signature