2888 Sibley Hills Dr.,.E OF EAGAN SEWER SERVICE PERMIT
37>:, Pit; ".nob Road PERMIT NO.: 2221
Eagan, MH S5122 DATE: 5/16/74
Zoning: R-1 No. of Units: 1
Owner: -Donald O'llearn
Address:
Site Address: 2888 Sibley Hills Drive
Plumber: _same
1 agree to comply with the Village of Eagan Connection Charge: 400. 00 pd
Ordinances. Account Deposit: 15.00 pd
Permit Fee: 10.00 pd
i
• r, I /? Surcharge: .50 pd
By' r se. Charges:
Date of Insp.: Total:
Insp.:
Date Paid:
u,"-7 OF EAGAN WATER SERVICE PERMIT
3795 Pilot Knob Rood PERMIT NO.: 1463
Eagan, MN 55122 DATE: 5/16/74
Zoning: R-1 No. of Units: 1
Owner: Donald O' Hedrn
Address: (?7' to
Site Address: 2888 Sibley Hills Drive
Plumber: same
Meter No.: -2326893q. Connection Charge:340-00 p$_
Size: 5518 Rnekwell Account Deposit: 15.00 pd
Reader No.: 517076 Permit Fee: 10.9D--Rd
1 agree to comply with the Village of Eagan Surcharge: .50 Dd.._
Ordinances. Misc. Qq horn 9.25 pd
Total:
By ern vV ate Paid:
Dat f Insp.: Insp.:
EAGAN TOWNSHIP
BUILDING; PERMIT
r
Owner ..............:_........ /.- ?..L.., ,8--..//?fg . .
Address (present) ..?44'. -.?!F?. ...... p-----?
Builder ..... ........................................................................ ..---_.........
Address
DESCRIPTION
N° ]-093
Eagan Township
Town Hall
Date .?A4 Y .......................
Stories To Be Used For Front Depth Height Est. Cost Permit Fee Remarks - --
a U LOCATION
Street, Road or other Description of Location Lot Block Addition or Tract
This permit does not authorize the use of streets, roads, alleys or sidewalks nor does if give the owner or his agent
the right to create any situation which is a nuisance or which presents a hazard to the health, safety, convenience and
general welfare to anyone in the community.
THIS PERMIT MUST BE KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS.
.. ........ -_'f" .. .-.-.....- ......upon
This is to certify, ...................................has permission to erect a .-.--
the above described premise subject to the provisions of the Building Ordinance for Ea an To4rnshi adopted April 11,
1955. / fj1J
_..._.._-------------- - AhaiZW.?... Per ...................._...- ....-...
of Tnwn Boar Bufding Inspector
CITY OF EAGAN N° 14 0 6 7
3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121
PHO N E: 454-8100
BUILDING PERMIT Receipt# 40 (P je
To be used for DECK Est. Value $2,300 Date AUGUST 20 _19 87
Site Address 2888 SIBLEY HILLS DR
Lot 6 Block 0 Sec/Sub. POST 2ND ADD
Parcel No
3lName DONALD O'HEARN
= Address SAME
C City Phone 454-4030
o Name JOHN ANDERSON
0 Address 2220 E 36TH ST
P City MPLS Phone 722-1087
Fa Name
zn Addre
aw City-
I hereby acknowledge that I have read this application and state
that the information is correct and agree to complywith all applicable
State of Minnesota Statutes-and City of Eaaan Ordinances.
Signature of
A Building Permit is issued to:
all work shall be done in accoi
Building Official
JOHN ANDERSON
:e with all,applicable State
OFFICE USE ONLY
On Site Sewage _ Occupancy
MWCC System Zoning
On Site Well _ Type of Const
City Water (Actual)
(Allowable)
# of Stories
Length
Depth
S.F. Total
Footprint S.F.
APPROVALS FEES
Assessments Permit $44.50
Water/Sewer Surcharge 1 _ 50
Police Plan Review
Fire SAC, City
Engr. SAC, MWCC
Planner Water Conn.
Council Water Meter
Bldg. Off. Road Unit
APO Treatment Pt
Variance Parks
Copies
TOTAL $'/t6-.-00 -
on the express condition that
nnesota Statutes and City of Eagan Ordinances.
This requ st void 18 months from a `G G C, O g? a
Date of t}u Request ?(?!"t cvi P 15 5 2 7
1, as gLicensed Electrical Contractor ? Owner, do hereby request inspection of the above electri-
cal wiring installed at:
Street Address or Route No. 4?v. Cit
Section Township Range County
Which is occupied by
Is a roughin inspection required on this job? No L --- Yes ? Ready Now'Z Will Call ?
Power Supplier Address
Electrical Contractor Contractor's Lense?
(company Name)
Mailing Address 11-1 l" vLSi-?SL /, j7, ?Zz
(Elie trical Cont gtor or owner making This Installation)/s
Authorized Signature Phone No.`!??
rl Amo n Ili r akin Thic Installatinnl
Minnesota State Board of Electricity
1954 University Ave., St. Paul, Minn. 55104-Phone 645-7703
jj&QUEST FOR ELECTRICAL INSPECTION
NECY W WORK COVERED BY THIS REQUEST
4 a3
p 15527
Tyr
Budding New Add. Rep. Check Appliances Wired For Check Equipment Wired For
_
Home
Duplex
Apt. Bldg.
Commercial Bldg.
Industrial Bldg.
Farm ?
?
?
?
?
? ?
?
?
?
?
? ?
?
?
?
?
? Range ?
W ,eater ?
Dr r
F ?
A' ond' ner
List
) Temporary Wiring
Lighting Factures
Electric Heating
Silo Unloader
Bulk Milk Tank
List ?
?
?
?
?
Other -
O
?
0 }
o
Heiersl p
Hehers
COMPUTE INSPECTION FEE BELOW
Service Entrance Size: # Fee Feeders&Subfeeders: # Fee Circuits: #
0 to 100 Amps. 0 to 30 Amperes 0 to 30 Amperes '-
101 tc 200 Amps. 11101 00 Amperes 31 to 100 Amperes
Above 20Q-Amps. Above 100 Amps. Above IOQ_Amps.
Transformers -Control Circ. Partial or other fee
Signs Special Inspection Minimum fee $5.00
Remarks
TOTAL FEE
??Sy
I, the Electrical Inspector, hereby certify that the above inspection has been made.
(Rough4n) Date
(Final) _ Qate #_ j&-7
This request void 18 months from
CITY OF EAGAN
3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121
PHONE: 454-8100
BUILDING PERMIT Receipt #
To be used for Est. Value Date
Site Address
Lot Block Sec/Sub.
Parcel No.
a Name
W
z Address
(`i+.. nk---
0 Name
00 Address
PC City Phone
City
1 hereby acknowledge that I have read this application and state
that the Information is correct and agree to comply with allapplicable
State of Minnesota Statutes and City of Eagan Ordinances.
OFFICE USE ONLY
On Site Sewage Occupancy
MWCC System Zoning
On Site Well Type of Const
City Water (Actual)
(Allowable)
* of Stories
Length
Depth
S.F. Total
Footprint S.F.
APPROVALS FEES
,19
Assessments Permit
Water/Sewer - Surcharge
Police Plan Review
Fire SAC, City
Engr. SAC, MWCC
Planner Water Conn.
Council Water Meter
Bldg. Off. Road Unit
APC Treatment P1
Variance Parks
Coples
Signature of Permittee TOTAL
A Building Permit is issued to: on the express condition that
all work shall be done in accordance with all applicable State of Minnesota Statutes and City of Eagan Ordinances.
Building Official
Permit No. Permit Holder Date Telephone
Plumbing
H.V.A.C.
Electric
Softener
Inspection Date Insp. Comments
Footings I
Footings II
Foundation
Framing
Roofing
Rough Plbg.
Rough Htg.
Isul.
Fireplace
A
BIdg.Final
. .
Temp. LP
Deck Ftg.
Deck Frmg. lack I
Well CCk C a? i
Pr. Disp.
t +
EAGAN TOWNSHIP
f
Owner ' ._.........:
Address (present)
Builder ................
Address ______________
BUILDING PERMIT
N° 38
Eagan Township
Town Hall
Date ......44'l...1 ............. :.
S_toriesl To Be Used For Front Depth Height Est... Cost Permit Fee Remarks
Street, Road or other Description of Location I Lot I Block I Addition or -bract
This permit does not authorise the use of streets, roads, alleys or sidewalks nor does it give the owner or his agent
the right go create any situation which is a nuisance or which presents a hazard to the health, 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 to certify, that ................... --------------------------------------------- has permission to erect a.............................................................. upon
the above described premise subject to the provisions of the Building Ordinance for Eagan Township adopted April 11,
1955. ?":
.............................7 ----.•------. Per .......
..hairman of Town Bo d . - Building Inspector
1987 BUILDING PERMIT APPLICATION - CITY OF GAN
SINGLE FAMILY DWELLINGS
INCLUDE 2 SETS OF PLANS, 3
OF SURVEY, 1 SET OF ENERGY CALCULATIONS
NOTE: ADDRESSES FOR CORNER LOTS - CONTRACTOR /HOMEOWNER MUST DESIGNATE WHICH ADDRESS
IS DESIRED. NO CHANGES WILL BE ALLOWED ONCE BUILDING PERMIT IS ISSUED.
MULTIPLE DWELLINGS - RESIDENTIAL RENTAL UNITS FOR SALE UNITS
INCLUDE 2 SETS OF PLANS, CERTIFICATE OF SURVEY - CHECK WITH BLDG. DEPT.,
1 SET OF ENERGY CALCULATIONS
COMMERCIAL
INCLUDE 2 SETS OF ARCHITECTURAL & STRUCTURAL PLANS,
1 SET OF SPECIFICATIONS AND 1 SET OF
ENERGY CALCULATIONS,
$2,000 LANDSCAPE BOND
To Be Used For: O C CK Valuation:
Site Address a$gSf S 6LEY N/Ll5 OFF:
Lot lQ Block On Site Sewage_
MWCC System
Parcel/Sub a On Site Well
City Water _
Owner 6,M) A Lo
Address „29K S,BLE`/ /•//G..(JS
City/Zip Code
Phone '15-1 -'Ya 3 o I APPROVALS
Contractor j aN nJ Av0 E.2SaK)
Address -Z-270 E 36 5 -7-
City/Zip Code 41t4L.S, oinl 5-51lb-7
Phone 76-GL -10'-7
Arch./Engr.
Address
City/Zip Code
Phone #
Assessments
Water/Sewer
Police
Fire
Engr
Planner
Council
Bldg Off X71 8 40
APC
Variance
Date: ;5?1,-;2 °/g-;7
Occupancy
Zoning
Type of Const
(Actual)
(Allowable)
# of Stories
Length
Depth
S.F. Total
Footprint S.F.
FEES
Permit
Surcharge
Plan Review
SAC, City
SAC, MWCC
Water Conn
Water Meter
Road Unit
Treatment P1
Parks
Copies
TOTAL
y N, So
/,50
r ?
L) (CIO 00 rW40, 1 I '
?.a
Donald W. & Mary Louise il'Hearn
2888 Sibley Hills Drive
St. Paul, Minnesota 55121
(612) 454-4030
June 20, 1981
Honorable Mayor, City of Eagan,
Thomas Egan
Council Members, City of Eagan,
Pam McCrea, Tim Pawlenty,
Theodore Wachter. Dave Gustafson
Reference: Project 5438, Skyline Road/Sibley Hills Drive
Dear Sirs and Madam:.
fLut 6, Post Addition 2 aka 2888 Sibley Hills
We, as uwner-s of
Dri e, object to thie ai5essment On our property.
The slope from the property line on the back of our lot is now at
a 20--213 grade; thus, you have not created a lot but you have
Lreai_wd a large- hole. There is certainly no benefit to us from
the upgraded road, and, as stated in the front page of the April
>< i 1988 report from your Planning and Engineering Departments
(copy attached), the road was upgraded merely to serve the new
add:k Li. _,nss. As we do not derive ally benefit from the new road, we
should also not be obligated to pay for it. The upgrading was
n&C_e&Gary, appare=ntly, for the new additions and should be their
responsibility, or included in the City of Eagan general road
rood. We have already paid for a road plus sewer and water°
later al: to Sep ve out property, and we shall r'io't be assessed
mooynisi.
I
-
Dunald W. U"Hear n
"---
ui -e U'Hearri
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT, VARIANCE
et-RIDGE HAVEN ADDITION)
APPLICANT: HAVEN ENTERPRISES
LOCATION: SW 1/4 OF SECTION 4
EXISTING ZONING: R-1 (SINGLE-FAMILY)
DATE OF PUBLIC HEARINGt APRIL 26, 1988
DATE OF REPORT: APRIL 14, 1988
REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS
APPLICATION SUMMARY: An application has been submitted
requesting a Preliminary Plat for the Ridge Haven Addition. This
plat consists of fourteen single-family lots on 5.2 R-1-zoned
acres located along the south side of Sibley Hills Drive and east
of Highway 13.
EXISTING CONDITIONS/SITE PLAN: Currently there is an existing
homesite on proposed Lot 12 that will be removed. This
"stovepipe"-shaped lot is now served by a long, ..shared driveway
with an exception at the northwest portion of the site. The
width at the proposed street right-of-way line is 20' and 50' is
required. Either a Variance will be necessary or all of the lots
will have to be shifted to the east. All other R-1 lot
requirements have been satisfied. The lots vary in size from
12,000 SF to 18,600 SF (stovepipe lot). The gross density of the
plat is 2.7 units per acre. Lots 1, 2, 3, 4, and 14 have double
frontage on both Sibley Hills Drive and the internal street.
Building setbacks of at least 30' will be required along both
ets. Sible s rive w e u
y graded to also serve theN
y app -Erettyman Addi t, n„ ?., !: e
This site consists primarily
deciduous trees found around
property lines. Nearly all
provide house pad locations.
east property line to a more
western property line.
of open grassland with scattered
the existing home and perimeter
of the site will be graded to
The land falls quickly from the
gentle slope all the way to the
STATE OF MINNESOTA
COUNTY OF DAKOTA
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: SPECIAL ASSESSMENT APPEAL
Donald O'Hearn and
Mary O'Hearn,
VS.
Petitioners,
City of Eagan, a Municipal
Corporation,
Respondent..
File No.:
NOTICE OF APPEAL OF SPECIAL
ASSESSMENT
Assessment #: 10-58501-060-00
TO: CLERK OF THE ABOVE-NAMED DISTRICT COURT; CITY OF EAGAN,
ABOVE-NAMED RESPONDENT AND ITS ATTORNEYS, GRANNIS, GRANNIS,
HAUGE, EIDE & KELLER, 1266 Yankee Doodle Road, Eagan, MN
55122:
PLEASE TAKE NOTICE that the Petitioner/Appellants herein,
Donald O'Hearn.and Mary O'Hearn as owners of
property located at: 2888 Sibley Hill Drive
hereby appeal to the above-named District Court from a special
assessment in the amount of $23,219.52, as and for Project Number
18P543R (Sibley Hills Drive/Skyline Road - Streets and Utilities).
The nature of the Petitioners'/Appellants' claim is and the
grounds of this appeal are: 1) that there was no benefit to the
assessed property as a result of Project 5438; 2) the special
assessment exceeds the special benefits to the property and is
therefore a taking of property without fair compensation in
violation of the 14th Amendment; and 3) that said assessed property
has been improperly, unfairly and unequally assessed, in violation
of Minn. Stat. 429 and the 14th Amendment.
WHEREFORE, Petitioners/Appellants pray for the judgment of
this Court as follows:
1. That the Special Assessment Role be reviewed and
corrected, and that the assessment of Petitioners'/Appellants'
property be stricken from the Roll, or be reduced to a proper amount
and properly equalized with the assessments of other real properties
on the same Roll;
2. That this Court take evidence, or cause evidence to be
taken, to enable Petitioners/Appellants to show the illegality,
over-valuation, inequality, and error of the special assessment of
the real property of Petitioner/Appellants; and
3. That the Court grant such other and further relief as may
be just and as the nature of the case requires, together with the
costs and disbursements of this proceeding.
Dated: 0V? /9 9/ BIBUS AND LARSON LAW FIRM
By ..4? `t?•
Thomas W. Bibus (#8114)
Attorney for Petitioners/
Appellants O'Hearns
5350 South Robert Trail
Inver Grove Heights, MN 55077
612/457-2046
2
ACKNOWLEDGEMENT
The undersigned hereby acknowledges that costs, disbursements,
and reasonable attorney and witness fees may be 'awarded pursuant to,
Minnesota Statutes 549.21, subd. 2 to the party against whom the
allegations in this pleading are asserted.
Dated:
-1 omas w. Sibus (f$1r4-j--
Attorney for Petitioners/
Appellants
5350 South Robert Trail
Inver Grove Heights, MN 55077
612/457-2046
01-Jul-91
PROPERTY
IOENTI DIVISION NAME
10-00400-011-77SECTION 4
10-00400-012-77SECTION 4
10-00400-020-56SECTION 4
10-00400-020-75SECTION 4
10-00400-030-75SECTION 4
10-32880-094-OONIGHVIEW ACRES
10-58500-010-CMIOST
10-58500-020-OOPOST
10-58500-030-OOPOST
10-58500.040-00POST
10-58500-050-OOPOST
10-58501-010-OOPOST 2ND
(1) 10-58501-020-OOPOST 2ND
10-58501-030-DOPOST 210D
10-58501-040-00POST 2ND
10-58501-050-00POS7 2ND
10-58501-060-OOPOST 2ND
10-SMOO-010-OIPRETTYRAN HEIGHTS
10-58 BOO-010-02PRETTYKAN HEIGHTS
10-58600-010-03PRETTYKAN HEIGHTS
10-58800-020-01PRETTYKAN HEIGHTS
10-58800-020-02PRETTYMAN HEIGHTS
10-58800-020-03PRETTYMAN HEIGHTS
10-58800-030-01PRETTYMN HEIGHTS
10-58800-030-02PREITYKAW HEIGHTS
1 10-58800-030-03PRETTYRAN HEIGHTS
10-58800-040-OIPRETTYMM HEIGHTS
10-58800-040-02PRETTYMM HEIGHTS
10-58800-040-03PRETTYMN HEIGHTS
COMBINED ASSESSMENT ROLL
SL543 WL543 WSSVC543 SS7K543 ST543A ST543F
............ ............ ............ ............ ............ ............ PER FAVORABLE
TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL PROPERTY FEASIBILITY NNFAVORABLE)
PRINCIPAL PRINCIPAL PRINCIPAL PRINCIPAL PRINCIPAL PRINCIPAL TOTAL REPORT VARIANCE
saaxzzxxxxaavazzzsxasazxzzsxxxzazaanazxzazxxaxxamaacaaxxxxxxxaaaaaamax
11149.65 2168.10 989.10 0.00 28419.56 15746.40 58,472.81 109960.91 51,488.10
2340.05 1365.10 989.10 0.00 3352.41 3304.80 11,351.46 8333.97 (3,017.49)
0.00 0.00 0.00 0.00 1035.86 6415.20 7,451.06 6866.49 (584.57)
0.00 0.00 0.00 3415.10 5849.13 0.00 9,264.23 36595 27,330.77
22024.00 12848.00 765.29 4779.26 7979.92 31104.00 79,500.47 36595 (42,905.47)
0.00 0.00 0.00 4878.72 8355.90 0.00 13,234.62 36595 23,360.36
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3312.94 910.20 .
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3312.94 910.20
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3287.43 884.69
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3399.47 996.73
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 4767.85 2,365.11
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3348.39 945.65
0.00 0.00 0.00 1573.00 1775.00 0.00 3,348.00 3348.39 0.39
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3348.39 945.65
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3348.39 945.65
0.00 0.00 0.00 0.00 2402.74 0.00 2,402.74 3348.39 945.65
6444.77 1365.10 989.10 0.00 2402.74 12017.81 23,219.52 20055.21 (3,164.31)
0.00 0.00 0.00 0.00 1054.75 566.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 566.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.06 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 565.07 1,622.82 2832.24 1,209.42
0.00 0.00 0.00 0.00 1054.75 568.07 1,622.82 2832.24 1,209.42
) Prepaid by special agreement 1/16/90
A
TO:
FROM:
DATE:
RE:
Tom Hedges, City Administrator
Annette M. Margarit, Assistant City Attorney
September 22, 1992
O'Hearn v. City of Eagan
Court File No. C7-91-7936
Our File No. 206-9777
As you recall, on April 20, 1992, Judge Murphy's Order in the O'Hearn
case was filed whereby the Judge struck down the City's assessment of
the O'Hearn parcel. Jerry Wobschall has contacted me and informed me
that the Council needs to formally direct City staff to remove the
assessment from the O'Hearns' property tax statement. To accomplish
that, I have prepared the enclosed Resolution for the Council's
consideration formally recognizing the court's decision.
Please place this Resolution on the consent agenda for the October 8,
1992 meeting so the O'Hearn property statement can be changed. If you
need anything else from me or if there are any questions, please do
not hesitate to call.
AMM/wkt
cc: Jerry Wobschall
50'..0 060 -o o
RESOLUTION OF CITY OF RAGAN
REMOVING SPECIAL ASSESSMENT
WHEREAS, Donald O'Hearn and Mary O'Hearn ("the O'Hearns") are the
owners of property located in the City of Eagan with the Property
Identification No. of 10-58501-060-00 ("Subject Property"); and
WHEREAS, on July 2, 1991, the Subject Property was assessed by
the City of Eagan for sanitary sewer lateral, water lateral,
services, street per area basis and street per front foot basis as
part of Public Improvement Project 543R; and
WHEREAS, O'Hearns brought an action in District Court appealing
the sum of the assessments known as Donald O'Hearn et al. v. City of
Eagan; Court File No. C7-91-7936; and
WHEREAS, the matter came on for trial before The Honorable Judge
Thomas M. Murphy on March 26 and 27, 1992; and
WHEREAS, Judge Murphy issued an order that was filed with Dakota
County District Court on April 20, 1992.
NOW, THEREFORE, be it resolved, that in compliance with Judge
Murphy's April 20, 1992 order, the Eagan City Council hereby removes
the total special assessment levied against the O'Hearn parcel in
connection with Public Improvement Project No. 543R.
CITY OF EAGAN
Dated: , 1992•
BY: Thomas A. Egan
Its: Mayor
ATTEST:
By: E. J. Vanoverbeke
Its: City Clerk
Re r?EII?? p J?`? ? n t?
PROJECT 543R
SKYLINE ROAD/SIBLEY HILLS DRIVE
DRIVEWAY APPROACH REQUEST
I, DONALD OHEARN, husband, and MARY OHEARN, wife, hereby request
that the City of Eagan install of install (circle one) a driveway
approach from Skyline Drive to my property described as'' Lot 6, Post
Adlition No. 2 located at 2888 Sibley Hill Dr., Eagan, Mn., under
City Project 543R at no additional costs or savings to me.
If I have indicated a request for this driveway approach to be
installed under this project, the center of this approach should
be located feet west of the east line of the property
referenced above and should be able to accommodate a potential
future driveway width of feet.
If we have indicated that we do not want a driveway approach to be
installed under this project, we understand that any and all future
costs for its installation will be the responsibility of the future
property owners and not the City of Eagan.
I (We) hereby represent that we are the fee owners of said
property.
Z",
DONALD OHEARN/Date
f
'? -,2/-/gyp
Y ARN ate
M l?J r
3830 PILOT MOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 454-8100
FAX (612) 454-8363
December 21, 1989
DONALD & MARY OREARN
2888 SIBLEY HILL DR.
EAGAN, MN. 55121
RE: Project 543R, Sibley Hills Drive/Skyline Road-
(Streets and Utilities)
Lot 6, Post Addition #2, Driveway Access
Dear Mr. and Mrs. Ohearn:
VIC ELLISON
Mayor
THOMAS EGAN
DAVID K GUSTAFSON
PAMELA MCCREA
THEODORE WACHTER
counco Ni mC
THOMAS HEDGES
Cary Adm n'ahaior
EUGENE VAN OVERBEKE
cM clan
As you are aware, financing the above referenced project is based
on spreading the construction cost against the assessable front
footage of the adjacent property. Because of the legal
determination that your present lot could be subdivided to create
a second buildable lot, your present side lot frontage of 384' less
a 75' corner lot credit (net 309') is being assessed under this
project.
It has been discovered that the recent completion of the curb and
gutter along your side lot did not provide for a driveway approach
for the potential future second lot. Therefore, this letter is to
inform you that the City is willing to remove the existing concrete
curb and gutter and replace it with a depressed driveway approach
at no additional cost during the second phase of this project to
be performed in 1990.
If you wish to have this driveway approach installed next year,
please provide us with the location to the center of this driveway
approach from your eastern most property line. Also, please inform
us as to the width of the future driveway that you would like to
have accommodated.
If you do not wish to have this driveway approach installed at this
time, we will honor that request. However, it will not have any
effect on the assessable footage allocation to your property. In
addition, any future lot split and subsequent building construction
will have to incur the cost of the removal and replacement if it
is deferred to a later date.
THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
Page Two
December 21, 1989
In order to help you inform us as to your desires, I have enclosed
a form for you to complete and return to our attention prior to
March 1, 1990. If no response is received by that date, we will
interpret that to mean that you do not wish to have any driveway
approach installed under this project.
If you have any questions pertaining to the information or request
contained in this letter, please feel free to contact me at your
earliest convenience. In the meantime, we will anxiously await
your response and directive.
Sincerely yours, /??
hom Colbert, P.E.
T
Director of Public Works
cc: Bob Frigaard, Project Manager, OSM
Dick Keeling, Project Inspector, OSM
Michael P. Foertsch, Assistant City Engineer
TAC/jf
PROJECT 543R
SKYLINE ROAD/SIBLEY HILLS DRIVE
DRIVEWAY APPROACH REQUEST
I, DONALD OHEARN, husband, and MARY OHEARN, wife, hereby request
that the City of Eagan install/not install (circle one) a driveway
approach from Skyline Drive to my property described as Lot 6, Post
Addition No. 2 located at 2888 Sibley Hill Dr., Eagan, Mn., under
City Project 543R at no additional costs or savings to me.
If I have indicated a request for this driveway approach to be
installed under this project, the center of this approach should
be located feet west of the east line of the property
referenced above and should be able to accommodate a potential
future driveway width of feet.
If we have indicated that we do not want a driveway approach to be
installed under this project, we understand that any and all future
costs for its installation will be the responsibility of the future
property owners and not the City of Eagan.
I (We) hereby represent that we are the fee owners of said
property.
DONALD OHEARN/Date
MARY OHEARN/Date
Uo /
21= city of aagan
3830 PILOT KNOB ROAD VAC ELLISON
EAGAN, MINNESOTA 55122-1897 Mayor
PHONE: (612) 454-8100 THOMAS EGAN
FAX: (612) 454-8363 DAVID K. GUSTAFSON
PAMELA MCCRE4
October 5, 1989 THEODORE WACHTER
THOMAS HEDGES
ON Pd ishasor
EUGENE VAN OVERBEKE
MR & MRS DONALD O' HEARN Cry C1e"`
2888 SIBLEY MEMORIAL HWY
EAGAN MN 55121
Re: Lot 6, Post Addition #2 ?
Declaration of Restrictions
Dear Mr. & Mrs. O'Hearn:
During the Council consideration of contract award for City
Contract 89-05 at the October 3, 1989, Council meeting as it
pertains to the upgrading of Sibley Hills Drive and Skyline Road,
you raised a concern regarding the revised pending assessment roll
continuing to allocate two "lot equivalents" assessable units in
light of a Declaration of Restrictions recorded against the
property which precludes any such lot split.
Although the City Attorney tried to explain that these Declaration
of Restrictions are no longer valid, I received the impression that
you were still confused as to why the City no longer recognized
those restrictions as being valid.
Enclosed I am forwarding to your attention a letter of response
from our City Attorney's office pertaining to your concerns which
hopefully helps further clarify the fact that Minnesota Statutes
repealed any restrictions that exceeded a term of 30 years from
date of recording. As you can see, this specifically implies that
the previous Declaration of Restrictions placed against your
property has been made null and void by this Minnesota Legislative
action.
Therefore, due to the fact that you have the availability to split
off your property and create a second buildable lot, you have been
included as two "lot equivalents" in the determination of the
special assessment allocation associated with this project.
THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
Page 2
I hope this helps further clarify any questions you may have
regarding this matter. If not, please feel free to contact me for
further information.
Sincerely,
Thomas A. Colbert, E.
Director of Public Works
TAC/jj
Enclosure
McMENOMY & SEVERSON
GI MA W) H. MCM i-INOM Y
LARRY S c;FVFHSON'
JAMIi; F..SIIEI.OON
J. PATRICK WILCOX.
'CKRI:Nf.:4' P. DURKIN
MIcHAKLG. UOUGHUTY
Ill•:Ih .1. HANSEN
MICHAEL P.,. MOLLNDA"
-ALSO L1t'4:N5V.P IN IOIt•A
-Al; O LICENSED IN WI.IWoNSIN
fAIS1, L5, 110,RAiV89
Tom Hedges
City Administrator.
City of Eagan
3830 Pilot Knob Road
P.o. Box 21199
A PROFESSIONAL ASS(R;IATR,N
ATTORNEYS AT LAW
EPIA TO:
^1p WEST 147TH STREET
P.O. BOX 24719
APPLE VALLEY, MINNESOTA 36124
TFISFAX NUMBER 4322769
(612) 4323111
? REPLY TO!
14460 BoUTH ac)rw f TRAIL
RosEMoUNT, hl(NNEBOTA 6.5066
(612) 423116.5
Eagan, MN 55121
RE: Prettyman Heights (Skyline Drive/Sibley Hills)
Project No.: 543
Declaration of Restrictions Dated March 31, 1955,
Recorded April 9, 1955, in Book 64 of Miscellaneous
Records, Page 336
our File No.: 206-5518
Dear Tom:
PAULA 5'I'IER
VA THICK W. STYWART
KEVIN F. CARROLL
KENNKTH K. IIAI.I.
9(;U7"T 1). JOIINSTON4
JO$RPH P. M.AHLF:Y
MARY I_ GOLIKE
MICHAEI. C. MK:ANN
OF COUytl4a.:
JOHN E. VPKPLICII
For reference, I enclose a copy of the above. Declaration of
Restrictions which we had received from the City. The Restrictions
accompanied a letter from Donald and Mary Lou o'Hearn dated April
24, 1989.
Minnesota Statutes Section 500.20 (Def.easible Estates) provides
that 11 ... all private covenants, conditions or restrictions created
by which the title or use of real property is affected, cease to be
valid and operative 30 years after the date of the deed, or other
instrument, . creating them, and may be disregarded." (M.S.A.
500.20, Subd. 2(a))
Although there are exceptions provided for in the statutes, none of
those apply to the Restrictions supplied by the o'Hearns.
It is our opinion that the Restrictions, based on the Declaration
provided dated March 31, 1955 and recorded April 9, 1955, are no
longer operable against the premises.
Tom Hedges
July 7, 1989
Page Two
McMrNOMY &SEVERSON
A PROFESSIONAL A3CO:a ATION
.ATTORNM'F AT LAIC
If you have questions, please feel free to contact us.
Very truly yours,
MCMENOMY & SEVERSON, P.A.
James F. Sheldon
JFS/djk
Enclosure
Y
of S. T.N.No.13, thence Northeasterly and parallel with said R/W
line, 70 feet more or less, thence at right angle to the R/W line,
47.5 feet, thence Southwesterly along said R/W line, 70 feet,
thence Easterly at right angle, 17.5 feet, thence Southwesterly
along said R/W line to the Northwest corner of Lot 5, thence East
263.77 feet along the North line of said Lot 5, thence South 45029'
Last, 80.7 feet to a point on the Easterly line of said Lot 52
thence Northeasterly along the Lasterly line of said Lot 5 to the
Northeast corner of said Lot 5, thence East 7.29 feet to the point
of beginning into Lots and Streets, and hereafter known as "Post
Addition No.?wo", and hereby dedicate to the Public, for the public
use forever, all streets and highways as hereon shown.
Frederick Post, Declaration of Restrictions, dated Mar.31,
a single man, 1955•Recorded A.pr.9,1955 in Book 64 of
25 to P;.R.,page 336. KNOW ALL YIN BY THESE
The Public. PRE?cEPTTS, That Frederick Past, being the
owner of Lots 1 to 6 inclusive in Post
Addition No.Two, does hereby declare that the sale of any of the
property hereinbefore described shall be made subject to the coven-
ants and restrictions contained herein, said restrictions and cove-
nants are as follows:-
(1) No building shall be erected on any building lot except
a one single family dwelling and a one, two or three car garage,
which garagge must be attached to the house.
. (2) No Trailer, basement, garage, barn or other out-building
erected on the tract shall at any time be used as a residence temp-
orarily or permanently, nor shall any residence of a temporary
character be permitted.
(c) No more than one dwelling house shall be built or erected
on each lot.
(d) No dwelling with garage shall be erected or placed upon .
any of the above described lots, the cost or value of which, exclu-
sive of the land, shall be less than x15,000.00, provided that this
restriction shall not apply if one dwelling exceeding in value said
sum shall be placed upon two or more lots.
(e) The covenants and restrictions are to run with the land
and shall be binding on 211 Parties and persons claiming under them
until J2nuary 1, 20000 at which time said covenants and restriction.
shall terminate unless renewed by written declaration of the sub-
dividers or a. majority of the owners of the lots in the subdivision
prior to said date, which declaration shall be recorded in the
Offico of the Register of Dceds in and for Dakota County,Minnesota,
(f) If the p2rties hereto or their heirs or essigns shall
violate or attempt to violate Pny of the covenants or restrctions
herein before JPnu,?ry 1, 2000, it sh,111 be lawful for any other
pcrson or persons owning Pny lots in said subdivision to prosecute
proceedings at law or equity agr.inst the Person or persons violati7,1
or zttemnting to viol-to eny such covenant: or restriction and eith_:
to prevent him or them from so doing or to recover do msges or oth:i`
dues for such viclation.
PERMIT
Permit Type: Plumbing
City of Eagan
Permit Number: EA105252
Date Issued: 07/05/2012
Permit Category: ePermit
Site Address: 2888 Sibley Hills Dr
Lot: 6 Block: 0 Addition: Post 2nd
PID: 10-58501-00-060
Use:
Description:
Sub Type: e - Water Heater
Work Type: New
Description: Water Heater
Meter Size Meter Type Manufacturer Serial Number Remote Number Line Size
Renae Freinwald
Comments:
2200 Hwy 13 W
Burnsville, MN 55337
952-767-1870
PL - Permit Fee (WS &/or WH) $55.00 0801.4087
Fee Summary:
Surcharge-Fixed $5.00 9001.2195
Total: $60.00
Contractor: Owner:
- Applicant -
Genz Ryan Plumbing & Heating LAWRENCE L WELK
2200 West Highway 13 2888 Sibley Hills Dr
Burnsville MN 55337 Eagan MN 55121
(952) 767-1000
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.
Applicant/Permitee: Signature Issued By: Signature