Loading...
1470 Skyline RdSEWER & WATER PERMIT CITY F EAGAN 3830 Pilot Knob Rd. Eagan, MN 55122-1897 DATE JUN 26, 1991 OFFICE USE ONLY METER # PERMIT DATE C6/27/91 CHIP # PERMIT # 12094 METER SIZE B.P. RECEIPT # C 14194 ISSUE DATE B.P. RECEIPT DATE F' f I PRV _BOOSTER PUMP SITE ADDRESS 100, `K` L I NE Z LOT -'!"BLOCK F O SEC/SUB TRI F1,E ACPi' APPLICANT: . ADDRESS: CITY, STATE PHONE: ZIP PLUMBER: WLVZEL PLMIBI TiC 1959 SIDUVI7; E RFC ADDRESS: CITY, STATE EAGAN ",.I ZIP 5'i122 PHONE: 4 52-1 55 5 OWNER: NACK L ADDRESS: 1470 S ZIP PERMIT REQUESTED t SEWER COMM/IND NEW Lawn Sprinkl Ahead of D Cr ' WI I AGREE TO EAGAN ORDINi WATER TAPS RESIDENTIAL EXISTING rs are to be Installed Meters on Water Line. even for Deduct Meters. WITH CITY OF SIGNATURE WHEN METER ISSUED PLEASE ALLOW TWO WORKING DAYS FOR PROCESSING. CALL 454-5220 FOR INSPECTIONS. FOR STORM SEWER PERMITS, CONTACT ENGINEERING DEPT. JUNE 27, 15191 DATE: RE: 1470 SKYLINE RD (MACK L SALISBURY) Y X Your Sewer &W Permit for the above property has been completed. It will be held at the Public Works Garage (3501 Coachman Road) until the meter is picked up. BE SURE TO CALL PUBLIC WORKS (454-5220) FOR YOUR PERMANENT WATER TURN ON. Your Sewer & Water Permit for the above property cannot be completed for the following reasons: Your Sewer & Water Permit for the above property has been completed, but the meter cannot be issued or occupancy allowed until further notice. COMMERCIAL PROJECTS ONLY: Please pay for meter at City Hall. Meter size must be confirmed by Bill Adams or Dirk House (Plumbing Inspectors - 454-8100) before issuance. WARNING: BEFORE DIGGING, CALL LOCAL UTILITIES - TELEPHONE, ELECTR S, ETC. - REQUIRED BY LAW. CONTACT COMMUNITY DEVELOPMENT DEPARTMENT FOR WATER L Secretary, Building Inspections Dept. CASH RECEIPT CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 [a ` I DATE ? 19 ?. AECEFVEO FROM Li AMOUNT $ V? ? CASH QiCHECK C 1419 4 ale--Pe„ws Cop,, -M Y-W --Posting Copy V-X" Pink-File Copy `?? & DOLLARS too Thank You _ BY CITY OF EAGAN Remarks Addition Treffle Acres Lot 13 <N ?? Blk Parcel 10 77250 130 00 Owner Street 1470 Skyline Dr. State Eagan,MN 55121 '- Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK t1o 1968 100.00 0 Paid SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA :??gc7 1977 160-00 10.66 15 STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK No. CITY OF EAGAN 3795 Pilot Knob Road Eagan, Minnesota 55122 Phone: 454-8100 Date: J PERMIT ' Site Address: `,kyline Rd. / Lot Block -C?-)Sub/Sec. ? INSPECTOR NOTIFICATION REQUIRED BY LAW FOR ALL INSPECTIONS Receipt No.: Single Residential X x 3ali9 ur Nome New/Alter./Repair. 3 Address ;1e -as above Cost of Installation C City Phone: Permit Fee 'L L Name Surcharge Q. y Address City Phone: Total This Permit is issued on the express condition that all work shall be done in accordance with off applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official L ? 6a, bOro/ &qAHet Q.(iL. HOUSE HEATING TEST RECORD ADDRESS- 4 ?'J APT.- FLOOR-OCCUPANT OWNER HEAT LOSS DATE HTG. INST. 44 SOLD BY Electrical Work By TYPE OF HEAT GA INSTALLED BY'? i Gas Line By is W -STEAM -SPACE HTR. UNIT HTR. OTHER ASpF-SIG S{? CONVERSION g&l o MAKE lisp ? MAKE OF BURNER Model - A'C? Model _ Serial Max. BTU Rating o3?? INPUT'?/'??> MAKE OF FURNACE i Model ?. ON ROLS n THERMOS] T eat Plug Vent Size Valve (-??rry KIND OF LIN SIZ Limit SNhO ????'?' Draft Hood Regularor Limit Setting Filters Size u bor. Z_1?4 Fan Setting ?`/H f!? Chimney Location Insj4e Outside Pilot Type Chimney Construction 6& *t . ?? Pilot Make Pilot Model y-? Smoke Bomb A i Wiring )le`r Pilot Timing Draft -D L4, Test Tag L.W. Cut Off Door Pressure Q?L Lighting Inst. 5 trW_? Pressure J S Date Tested .. Percent C0 -put CFH? 2 Percent 02 ?..5 Company Testing / ?k Temp. r Percent CO Name of Teeter rm 235 CITY?BURB V CITY USE ONLY L IJA BL 190 SUBD. 1996 PLUMBING PERMIT (RESIDENTIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN, MN 55122 (612) 681-4675 RECEIPT M DATE: Please complete for: ? single family dwellings ? townhomes and condos when permits are required for each unit FIXTURES Shower EACH 3.00 x Water Closet 3.00 x Bath Tub 3.00 x Lavatory 3.00 x Kitchen Sink 3.00 x Laundry Tray 3.00 x Hot Tub/Spa 3.00 x Water Heater 3.00 x Floor Drain 3.00 x Gas Piping Outlet ' minimum -1 3.00 x Rough Openings 1.50 x Water Softener 5.00 x Private Disposal ' Dakota Cty. license 65.00 (new and refurbished systems) U.G. Sprinkler ' home under const. 3.00 Alterations ' to existing 20.00 Water Turn Around 20.00 STATE SURCHARGE SITE ADDRESS OWNER NAME: INSTALLER NA STREET ADDR CITY: TOTAL 50 15A) PHONE #: (/y?,2) ??r 7?/3 3 hLQ. TOTAL S? ?Q o <?, P401 STATE: MA) ZIP: ?B BL UBD. DA 1996 PLUMBING PERMIT (COMMERCIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN, MN 55122 (612) 681-4675 Please complete for. ? all commercialfindustrial buildings. ? multi-family buildings when separate permits are 1.1.4l required for each dwelling unit. DATE: CONTRACT PRICE: WORK TYPE: NEW CONSTRUCTION ADD ON REPAIR DESCRIPTION OF WORK: IN If it Log (rir- To 4?' a -)`./ Cc]a')?-er_ IS WATER METER REQUIRED? _ YES _ NO. IF SO, PLEASE PROVIDE THE FOLLOWING: WATER FLOW: GPM. ARE FLUSHOMETERS TO BE INSTALLED? _ YES _ NO. FAILURE TO PROVIDE THIS INFORMATION WILL RESULT IN A DELAY OF METER ISSUANCE. WILL YOU BE INSTALLING A METER FOR A FUTURE U.G. SPRINKLER SYSTEM? _ YES - NO. IF SO, YOU MUST APPLY FOR A SEPARATE U.G. SPRINKLER PERMIT. FEE: $25.00 minimum fee or 1% of contract price, whichever is greater. State surcharge of $.50 per $1,000 of pgrmjl fee due on all permits. CONTRACT PRICE x 1% STATE SURCHARGE TOTAL SITE ADDRESS: TENANT NAME: OWNER NAI INSTALLER: ADDRESS: CITY: S? S7I I hack ?U I STATE: ZIP: PHONE #:_ / - I 33 / SIGNATURE: AP LICANT OFFICE USE ONLY OFFICE USE ONL' RECEIPT #: STE. * METER SIZE: DATE: INSPECTOR: Lot 132 Blk 00 PIG'# 10-77790-112-00 Plat TREFFLE ACRES Sewertwater permit # 28165 Date 07/05/()6 Receipt# 60420 CITY OF EAGAN 1996 SEWER & WATER CONNECTION CHARGES EXISTING RESIDENTIAL PROPERTY Sewer connection SeXI ity charge (SAC) $ 00.00 Water availability charge (WAC) ly paid Date previously paid Receipt # Acit 15.00 Account deposit Sesurc r 50.50 Water permit & surcharge Water meter Su$ 1,065.50 Treatment plant Plit & surcharge 20.50 Subtotal TaPlumbing permit & surcharge Jd Tap Water connection charges Total Sewer & water connection Sewer a ailability charge (SAC) 1,000.00 Date pre usly paid Receipt # Water availabl charge (WAC) 760.00 Date previously 'd Receipt Account deposit 30.00 Sewer & water permit an rchar 100.50 Water meter 107.00 Treatment plant 396.00 Subtotal / \ $2,393.50 * Plumbing geet'iit & surcharge 20.50 $ 760.00 15.00 50.50 107.00 396.00 $1,328.50 $1,328.50 * A plumbing permit is also required. It will be issued only to a plumber licensed with the City or to the homeowner if he is actually doing the work. OFFICE USE ONLY Property owner MACK SALISBURY Address 1470 SKYLINE RD Phone no. 81Z 455 Plumber STAR PLB. PRV 11/ol-e No. of taps Q G Assessments,, //?oAL Waiver /??/? Lot Blk PID # Sewertwater permit # Plat Date Receipt # CITY OF EAGAN 1996 SEWER & WATER CONNECTION CHARGES EXISTING COMMERCIAL PROPERTY Sewer connection charges SAC ($1,000/unit) Date previously paid Receipt # Sewer permit and surcharge Subtotal * Plumbing permit & surcharge Tap Total Water connection charges Treatment plant ($396/SAC unit) Water permit & surcharge 50.50 50.50 Subtotal * Plumbing permit & surcharge Tap Total Sewer & water connection charges SAC ($1,000/unit) Date previously paid Receipt # Treatment plant ($396/SAC unit) Sewer & water permit and surcharge 100.50 Subtotal * Plumbing permit & surcharge Tap(s) Total The number of SAC units is determined by the Metropolitan Council Wastewater Services. * A plumbing permit is also required. It will be issued only to a plumber licensed with the City or to the building owner if he is actually doing the work. Property owner Address Phone no. Plumber OFFICE USE ONLY PRV No. of taps Assessments Waiver •, t CITY OF EAGAN 1991 SEWER & WATER CONNECTION CHARGES EXISTING RESIDENTIAL PROPERTIES Sewer Connection Charges Water Connection Char es SAC $750.00 nnection $ 60.00 Date previously paid eviously paid a Receipt # t Account deposit 15.00 dep it 15.00 Sewer permit and surcharge 15.50 rmit urchar 15.50 eter 90.00 Subtotal $780.50 X t plant fee 276.00 Ppermit d s harge 15.50 + Sewer tap l $1,072.00 Total 5 ? r tap Q 0: ) 0 PCB Jun I ??ceipl-?` C141G? \ Sewer & Water Connection Charges SAC Date previo paid Receipt # Water connection Date previously pai Receipt Account deposit Sewer & water permit and sur rge Water meter <71 Treatment plant fee Plumbing permit and sur rge Subtotal + Sewe water taps OFFICE USE ONLY PRV fk o Property owner RACK L SALISBURY No. of tapsI Telephone no. 454=1730 7 - L-l; Cone%? Assessments 'J o ; Address 1470 SKYLINE RD - T--Waiver « Lot 130 Blk 00 Sect TREFFLE ACRES P I D # 10-77250-130-00 SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 04/26/1991 PROPERTY ID: 10-77250-130-00 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100040 SAN SW TRK 1967 30 6.0000 100.00 0.00 0.00 CL 100339 WATER AREA 1976 15 8.0000 160.00 10.66 0.00 LY 1OP543 SIB HILLS & SKYLINE 0000 10 9.0000 31615.98 0.00 PN ------ SUMMARY OF LEVIED 160.00 10.66 0.00 ****** 1991 P&I CERTIFIED 11.52 ------ SUMMARY OF DEFERRED 0.00 0.00 0.00 ------ SUMMARY OF PENDING 31615.98 0.00 0.00 ------ SUMMARY OF CLOSED 100.00 RECEIVED JUN 7 1991 WAIVER OF HEARING OF SPECIAL ASSESSMENT City Project No, 543R I/We hereby request and authorize the City of Eagan, MN (Dakota Co.) to assess the following described property owned by me/us: Plat and Parcel No. 10-77250-130-00 for the benefit received from the following improvements, constructed under City Project No. 543R. Said assessments have been preliminarily computed as follows: ITEM QUANTITY RATE AMOUNT PROJECT NO. Street and Storm Sewer Assessable Area 58,135 sf $0.0632/sf $ 3,673.91 543R Trunk Area Storm Sewer 58,135 sf 0.056/sf 3,255.56 543R Street and Storm Sewer Assessable Length 385 if 36.78/ff 14,159.74 543R Sanitary Sewer Lateral 385 if 24,05/ff 9,258.02 543R Water Lateral 385 if 17,56/ff 6,759.97 543R TOTAL 537.107.20 to be spread over 15 years at an annual interest rate of 84% against any remaining unpaid balance. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects it any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. Dated: 67 ' 0"1 Z Mack S lisbury Helen Salisbury STATE OF 1f11&G6afA- ) )SS COUNTY OF , ?J ) On this C-V day of -'eJK40- be ?aei,?•?As sonally appeared to me personally know SCOTT P. y°Pb egoing instrument and utl 4 s NOA +asos free ac me a N tart' Public within and AS e? OE:56w` and ie person described in iou Red that Public ------------------------------------------------------------------------------ • FOR CITY USE ONLY Reviewed: QAynQ 2? " / Eagan Publi orks Department RECE!yrr: nR 2 6 w SEVERSON, WILCOX & SHELDON, P .A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRYS. SEVERSON' JAMES F. SHELDON ' 600 MIDWAY NATIONAL BANK BUILDING J. PATRICK WILCOX 7300 WEST 1 STREET MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA- APPLE VALLEY, MINNESOTA 6612A (612) 4323136 TELEFAX NUMBER 432-3780 'ALSO LICENSED IN IOWA °ALSO LICENSED IN WISCONSIN ...ALSO LICENSED IN NEBRASKA December 23, 1991 Mr. James R. rsey Leonard, St et and Deinard 150 South fifth Street Suite 230 is, MN 55402 Re: Mack L. Salisbury/City of Eagan Your File No. 19956-13206 Our File No. 206-9801 Dear Mr. Dorsey: /0 - 77,7.30 -130 -00 KENNETH R. HALL '.`SCOTT D JOHNSTON LOREN M. SOLFEST CHRISTINE M. SCOTILLO ANNETTE M. MARGARIT DANIEL M. SHERIDAN SHARON K. HILLS OFCODNSEL JOHNE VUKELICH Enclosed please find three (3) fully executed stipulations of Settlement of Notice of Appeal of Assessment in connection with the Salisbury appeal. If you should have questions or concerns, please feel free to contact this office. Thank you for your continuing cooperation. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. Roxann Duffy Legal Assistant to Michael G. Dougherty Enclosures CC: Tom Colbert, Eagan Public Works Director STATE OF COUNTY OF DAKOTA MACK L. SALISBURY and HELEN H. SALISBURY, Appellants, VS. CITY OF EAGAN, a Minnesota Municipal Corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT (Case Type: Other Civil) Court File No. C5-91-7952 STIPULATION OF SETTLEMENT OF NOTICE OF APPEAL OF ASSESSMENT WHEREAS, Mack L. Salisbury and Helen H. Salisbury (hereinafter jointly referred to as the "Salisburys") served and filed the above-captioned and Court file numbered Notice of Appeal of Assessment; and WHEREAS, the Salisburys and the City of Eagan are agreeable to settling the amount of the assessments challenged in the above- captioned Notice of Appeal of Assessment; NOW, THEREFORE, the Salisburys and the City of Eagan agree as follows: 1. The City of Eagan agrees to reassess the real property identified by address as 1470 Skyline Road, Eagan, Minnesota, and by Special Property ID No. 10-77250-100-00 so that the special assessment charged on said parcel is reduced from $73,427.09 to $58,427.09. 2. The City of Eagan agrees to reassess the real property identified by address as 1470 Skyline Road, Eagan, Minnesota, and by Special Property ID No. 10-77250-130-00 so that the special assessment charged on said parcel is reduced from $42,447.25 to $37,107.20. 3. The above-captioned Notice of Appeal of Assessment shall be dismissed with prejudice and without costs being taxed to either party. 4. The Salisburys and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. M ck L. Salisbury Helen H. Salisbury JRD\SALIS\STIPASSESS.PLD 2 By anOvereke E. N?a V b Its Clerk C.° STATE OF MINNESOTA ? DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT (Case Type: Other Civil) MACK L. SALISBURY and HELEN ) H. SALISBURY, ) Appellants, VS. CITY OF EAGAN, a Minnesota Municipal Corporation, 'NOTICE F APPEAL OF ASSESSMENT Court File No. Respondent TO: The City of Eagan, and its Mayor or Clerk: PLEASE TAKE NOTICE that the Appellants, Mack L. Salisbury and Helen H. Salisbury, hereby appeal to the above-named District Court from the Special Assessment adopted by the City Council of the City of Eagan on July 2, 1991, with respect to street and utility improvements for Skyline Road/Sibley Hills Drive, Project 01OP543, in the City of Eagan. This appeal is from the following assessment from the City of Eagan on the following land owned by Appellants (see copies of the Notices of Special Assessment attached as Exhibit 1) : Address 1470 Skyline Road Eagan, MN 1470 Skyline Road Eagan, MN Special Property ID# 10-77250-100-00 10-77250-130-00 Assessment Charge $73,427.09 $42,447.25 This appeal is taken pursuant to Section 429.081 of the Minnesota Statutes, and the grounds for this appeal are that the subject property will not receive a special benefit from the improvement being constructed; that the amount of the assessment is grossly disproportionate to any resulting increase in the market value of the land; that the proportionate distribution of the improvement's costs among property owners is unequal, illegal, and unfair; that the assessment procedure was illegal, improper, unfair and irregular; and that the assessment is unfair, unreasonable, unconstitutional, arbitrary and capricious. , Appellants pray the Court for an Order directing the City of Eagan to reassess Appellants' property consistently with Appellants' claim in this action; to award Appellants' their costs, disbursements, expenses, and attorneys' fees; and for such other and further relief as the Court deems just and proper. DATED: August 1, 1991. ??- i James R. Dorsey (# 23772) Marc D. Simpson (#183301) LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1500 ATTORNEYS FOR APPELLANTS MSS\SALIS8UAV\NotI4*.Appe\1 2 CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project ,#10P543 June 7, 1991 The EAGAN CITY COUNCIL will meet on the 2nd day of July, 1991, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed special assessments against the following described property: 10-77250-100-00 SALISBURY MACK 1470 SKYLINE RD EAGAN MN 55118 The special assessments are: TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT S/A 0 PRINCIPAL PRINCIPAL INTEREST INSTALLMENTS SANITARY SWR LATERAL 2191 16373.47 1091.56 1971.64 3063.20 WATER LATERAL 2193 9551.69 636.78 1150.18 1786.96 SERVICES-SEWER, WATER 2194 1978.20 0.99 238.21 239.20 STORM SEWER TRUNK 2195 9450.28 630.02 1137.97 1767.99 STREET-AREA BASIS 2196 12948.57 863.24 1559.22 2422.46 STREET FRONT FOOT 2197 23123.88 1541.59 2784.50 4326.09 TOTAL 73,426.09 4,764.18 .6,841.72 13,605.90 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 1st day of August, 1991, without interest at the Eagan Municipal Center. If you choose to pay after August 1st, 1991 interest will be charged from July 2nd to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 8.50 PER CENT per year on the unpaid balance. EXHIBIT CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project 11OP543 June 7, 1991 The EAGAN CITY COUNCIL will meet on the 2nd day of July, 1991, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed bpecial assessments against the following described property: 30-77250-130-00 SALISBURY MACK 1470 SKYLINE RD EAGAN MN 55121 The special assessments are: TOTAL ANNUFw FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT VA / PRINCIPAL PRINCIPAL INTEREST INSTALLMENTS SANITARY SWR LATERAL 2191 10599.05 706.60 1276.30 1982.90 WATER LATERAL 2193 6183.10 412.21 744.55 1156.76 SERVICES-SEWER, WATER 2194 2967.30 1.49 357.31 358.80 STORM SEWER TRUNK 2195 3260.94 217.40 392.67. 610.07 STREET-AREA BASIS 2196 4468.06 297.87 538.03 635.90 STREET FRONT FOOT 2197 14968.80 997.92 1802.49 2800.41 TOTAL 42,447.25 2,633.49 5,111.35 7,744.84 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 1st day of August, 1991, without interest at the Eagan Municipal Center. If you choose to pay after August 1st, 1991 interest will be charged from July 2nd to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 8.50 PER CENT per year on the unpaid balance. t Notice of Special Assessment Page - 2 - The, proposed assessment roll is on file with the City Clerk. The assessments related to this project total ¢672,818 and the area is as follows: trots 1 through 18, Block 1, Lots 1 through 4, Block 2, and Lots i through 4, Block 3, Prettyman Heights; Part of Lot 9, Highview Acres (Parcel No. 094- 00); Lots i through 15, Rustic Hills; Lots i through 5, Post Addition; Lot i and Lots 3 through 6. Post 2nd Addition; Lots S through 13, Treffle Acres; Lots i through 14, Block 1, Ridgehaven Acres; and the Boutheest Quarter - Parcel No. 10-00400-020-56, and the Southeast Quarter - Parcel Kos. 10-00400- 011-77, 10-00400-012-77, 10-00400-020-75 and 10-00400-030-75. Written or oral objections will be considered; hearing. An appeal to district court may be made by serving notice upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City has a Senior citizen deferment ordinance based on income and homestead status. Details are available by calling the Assessment Department, 454-8100. the amount due is amended. If you have any questions about this sta please call Special Assessments at the City of Eagan (454-8100). City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 , LAW OFFICES LEONARD, STREET AND DEINARD PROFE55IONAL ASSOCIATION SIGNET LORB ER NENTE RICHEY MICMAIILL BEPDE SHAU SDNEY BARROWS RICHARDJ WEGENER ROSANNE NATHANSON JAMES ERTRAND HAROLDD FIELD. JR HUGHM MAARD SUITE 2300 $HERRIL RN UTM MARFW DELEMANTY RICHARDJ GUNN IPEGENICNWN MORRIS MICHAELG TAYLOR PETER E SCHIFSXY ALLENI 5AEX5 JOHN C NUEHN JO NNW GE75INGER LAWRENCE P SCHAEFER THOMAS 0 FuxBERG BPAOLEH J 61L Ux 150 SOUTH FIFTH STREET TNOn ASP SANDERS RONALDJ SCHULTZ MORRIS M SHERMAN MICHAEL A NENICN ROBERT 2EGLOVITCM CAROLYN V WOLSNI c00acE REI LLr MARTHACBRAND MINNEAPOLIS, MINNESOTA 55402 TIMOTHY WELCH STEVEN P LIx DEMANx C HAR LESA DAYTON DAVIDN MAYNES GREGGJ CAVAMAGH STEYENJ RINOSIG DAVIDN CO. CAROLYN CHALMERS TELEPHONE (612) 335-1500 GREGORYC BROWN JANAM NRIZ STEPHEN R PFLAUM 1AME51 ROT. SUSAN M ROSINED JOSMUAJ AUNA55ATEGA C HARLESA MAYS ROBERTL OEMAT FACSIMILE 1612) 335-1657 DEBRAG STREXLOW JANN EICHLER SMITH LOWELLJ NOTEBOOM ANGELA M BOHMANN PETER A LARSON RUTH B NISSEN GEORGE F MCGUNMIGL E, JR ROBERT P T VHS MICHAEL R COHEN RHCMARG G PEPIN, JR JAMES G BULLARD BRADLEY J GUNN FREOPICT ROSENBLATT JOSEPH M FINLEY NANCY WHLTGEM REIBERT GEORGE B LEONARD IHB]Z RIG) YRON E STPRNS LAWRENCE J FIELD VIRGINIA B CONE ARTHUR L X STREET (S77 WNHI JJOHN X HERMAN DAVID W KELLEY CATHARINE BOSCHAS BENEDICT DEIMARD (I... I.E.I STEVEN D D[RUYTER MARK 5 WEHTZ MICHELLE A MILLER AMOS S DEIMARD IHBBB NMIR) JAMES R DORSEY DAVID L L LLEMAUG July 2, 1991 TIMOTHY R MEYERSON KATHLEEN M GRAHAM DAVID KANTOR JENNIFER K PARK STEPHEN J DAVIDSON ANGELA M CHRISTY BLAKE SHERI JP STE PH 'N R LTMAN MARK A INDGREN WILLIAM L GREE NE INANE SCOTT AVID C CALK LOWELL V STORTZ STEVEN L BELTON DANIEL D FOTH EDWARD M MOERSFELOER DOUGLAS B GREENSWAG PETER H BACHMAN DANIEL M SATORIUS ROBE AT LEWIS BARROWS ELLEN G SAMPSON MARC O SIMPSON of COUN S(L WRITERS DIRECT DIAL NUMBER The Honorable Mayor and Council, (612) 335-1631 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Objection to Proposed Special Assessment on Parcel Nos. 10-77250-100-00 and 10-77250-130-00 (Lots 8, 9 and 10, Treffle Acres, and The North One-Half of Lot 13, Treffle Acres, Dakota County, Minnesota) for Project 543R, Skyline Road/Sibley Hills Drive (Streets & Utilities) Dear Mayor and Council: This letter is to make a formal written objection to the amounts of the proposed special assessments on the parcels owned by Mack and Helen Salisbury identified above in connection with Project 543R (Project No. 1OP543), Skyline Road/Sibley Hills Drive (Streets & Utilities). The basis of the objection is that the benefit to the subject parcels is substantially less than the amounts of the proposed assessments on those parcels. Very truly yours, JRD/dj Mack Salisbury / LEONARD, STREET AND DEINARD n ? By =?? ?1 - ?,?ZSc Jam i es R. Dorsey / A Attorney for Mack and Helen Salisbury ? Helen Salisbury r STREET FRONT FOOT SA NAME ST543F SA# 2197 YEARS 15 INT RATE .085 110S 1ST YR INT 17 YEAR 1991 REC PROPERTY GROSS NMBR IDENTS CL UNITS 63 10-65000.050-OOSF 64 10-65000-060.OBSF 65 10-65000-070-OOSF 66 10.65000.080-OOSF 67 10-65000.090-COSF 68 10.65000-100-OOSF 69 10-65000-110.OOSF 70 10-65000-120-DOSF 71 10-65000-130-OOSF 72 10-65000-140.OOST 73 10-65000-150-OOSF 74 10-77250-050-OOSF 75 10-77250-061-ODSF 76 10-77250-062-OOSF 77 10-77250-063-ODSF 78 10-77250-070-OOSF 79 10.77250-100-GOSF BD 10.77250-110.OOWC 10.77250-120-ODSF 10-77250-13O-DOSF I D-77250- 131 -OOSF ASSESSMENT COST BREAKDOWN PROJ NAME SIBLEY HILLS DR AND SKYLINE RD PROJ NUM P543R SA NAME S7543F COST 197,709.81 GROSS UNITS 5,085.00 CORNER LOT, 0.00 SUBTOTAL 5,005.00 COMPUTED RA 38.88 IS THE ABOVE COMPUTED RATE APPROPRIATE FOR ALL Y SF MF Cr WC 0 0 a a 0 0 0 0 0 0 0 150 162.6 150 150 208.4 594.75 1 385 385 0 21438.08 CREDITS 0 0 0 D 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 -409.38 SUBTOTAL FA 0 1 0 1 0 1 01 01 0 1 0 1 0 1 0 1 0 1 01 150 1 162.6 1 150 1 150 1 208.4 1 594.75 1 11 385 1 385 1 01 21028.7 38.860 /FF 38.880 OF 38.880 /FF 8,032.690 /LS NET UNITS PRO-RATA ASS'BLE SHARE 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 150 1 162.6 1 150 1 150 1 208.4 1 594.75 1 11 385 1 385 1 01 SSES OF PROPERTY ASSESSMENT RATE AMOUNT aeveseecsvcce=r_cpvaep= 38.880 0.00 36,880 0.00 38.880 0.00 38.880 0.00 38.880 0.00 38.880 0.00 38.880 0.00 38.880 0.00 38,880 0.00 38.880 0.00 38.880 0.00 38.680 5832.00 38.880 6321.89 38.850 5832.00 38.880 5832.00 38.880 8102.59 38.880 23123.88 8,032.690 8032.69 38.880 14968.80 38.880 14%8.80 -- 38.880 0.00 195,653.34 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 91 STREET-AREA BASIS SA NAME ST543A SAO 2196 YEARS 15 INT RATE .085 NOS 1ST YR 1NT 17 YEAR 1991 REC PROPERTY NMBR IDENT# CL 63 10.65000-050-OOSF 64 10-65000.060-OOSF 65 10-65000-070-OOSF 66 10-650DO-OW-ODSF 67 10-65000-090.00SF 68 10-65000-100-DDSF 69 10-65000-110-OOSF 70 10-65000-120-ODSF 71 10-65000-130.OOSF 72 10.65000-140.OOSF 73 10-65000-150-OOSF 74 10-77250-050-DOSF 75 10-77250.061-DOSF 76 10-77250-D62-00SF 77 10.77250-M50 78 10-77250-070-OOSF 79 10-77250-100-ODSF 10-77250-110.DOWC lo-77250.120-OOSF )-77250-130-OOSF ,. '?::-T7250. 131.005E ASSESSMENT COST BREAKDOWN PROJ NAME SIBLEY HILLS DR AND SKYLINE ROAD PROJ NUM P543R SA NAME ST543A COST 197,709.81 GROSS UNIT52,576,786.00 CORNER LOT, 0.00 SUBTOTAL 2,576,786.00 COMPUTED RA 0.07673 IS THE ABOVE COMPUTED RATE APPROPRIATE FOR AL Y :LASSES OF PROPERTY SF MF CI WC GROSS UNITS 247216 247216 247216 247216 247216 247216 247216 247216 247216 247216 247216 45000 48780 45000 30000 131682 231056 1 115391 58231 58231 !4924977 CREDITS 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 0 0 0 0 0 62301 0 0 0 0 5014556 SUBTOTAL FA 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 207216 1 45000 1 48780 1 45000 1 30000 1 131682 1 168755 1 11 115391 1 58231 1 58231 1 19994421 0.07673 /S.F. 1,775.000 A.S. 0.07673 /S.F. 3,306.850 /L.S. NET UNITS PRO-RATA ASS'BLE SHARE 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 207216 15 45000 1 48780 1 45000 1 30000 1 131682 1 168755 1 11 115391 1 58231 1 58231 1 ASSESSMENT RATE AMOUNT acct. aacaaaaccaapaaaaa 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 1059.98 0.077 3452.85 0.077 3742.89 0.077 3452.85 0.077 2301.90 0.077 10103.96 0.077 12%8.57 3,306.850 3306.85 0.077 8853.95 0.077 4468.06 0.077 4468.06 195,625.58 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 z r fR n f-91 ASSESSMENT COST BREAKDOWN PROJ NAME SIBLEY HILLS DR AND SKYLINE RD PROJ NUM P543R SA NAME SSTK543 F STORM SEWER TRUNK Se NAME SSTK543 A 2195 _ARS 15 SF 0.056 /SF INT RATE .085 MF 1,573.000 /LS 140S 1ST YR INT 17 C1 3,570.780 /LS YEAR 1991 REC PROPERTY NMBR IDENT# CL 63 10-65000-050.OOSF 64 1^-'4OOD-060-OOSF 65 1i: c_:00-070-OOSF 66 10-65000-080-OOSF 67 10-65000-090-OOSF 68 10-65000-100-OCSF 69 10.65000.110-ODSF 70 10-65000-120-OOSF 71 10-65000.130-OOSF 72 10-65000.140-OOSF 73 10-652')0-150-OOSF 74 10-77250-050-OOSF 75 10-77250.061-OOSF 76 10-77250-062-OOSF 77 10.77250-063-DDSF 78 10-77250-070-OOSF 10-77250.100-ODSF 10-77250-110-OOWC -77250-120-OOSF 77250.130-OOSF .? w-77250-131-OOSF GROSS UNITS 0 0 0 0 0 0 0 0 0 0 0 45000 48780 45000 83962 131682 231056 62172 115391 58231 58231 CREDITS 0 0 0 0 0 0 0 0 0 0 0 45000 48780 45000 83962 0 -62301 0 0 0 0 WC SUBTOTAL FA 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 131682 1 168755 1 62172 1 115391 1 58231 1 58231 1 0.056 /SF NET UNITS PRO-RATA ASS'BLE SHARE 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 1 0 1 0 1 0 1 131682 1 168755 1 62172 1 115391 1 58231 1 58231 1 ASSESSMENT RATE AMOUNT a=====vaasa====asa===aca 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 0.00 0.056 7374.19 0.056 9450.28 0.056 3481.63 0.056 6461.90 0.056 3260.94 0.056 3260.94 1987424 976548 886274 51,506.74 r Per waiver dated 11/9/90 as approved by Council action 11/9189 ,91 s q ASSESSMENT COST BREAKDOWN f. PROJ NAME SIBLEY HILLS DR AND SKYLINE ROAD PROJ NUM P543R SA NAME WSSVC543 SERVICES-SEWER,, WATER SA NAME WSSVC543 SA# 2194 YEARS 1991 SF 989.100 /SERVICE PAIR TNT RATE .085 MF 737.000 / 3 SAN, 2 WTR MOS 1ST YR INT 17 CI 765.290 /WATER SERVICE YEAR 1991 WC 0.000 /SERVICE PAIR ASSESSMENT REC PROPERTY GROSS NET UNITS PRO-RATA RATE AMOUNT NMBR IDENT9 CL UNITS CREDITS SUBTOTAL FA ASS'BLE SHARE _==___=====0°========OC= 63 10-65000-050-ODSF 0 0 0 1 0 15 989.100 0.00 64 10-65000.060.DOSF 0 0 0 1 0 15 989.100 0.00 65 10.65000-070-OOSF 0 0 0 1 0 15 989.100 0.00 66 10-65000-080-OOSF 0 0 0 1 0 15 989.100 0.00 67 10-65000-D90-OOSF 0 0 0 1 0 15 989.100 0.00 68 10-65000-100-GDSF D 0 0 1 0 15 989.100 0.00 69 10-65000.110-OOSF 0 0 0 1 0 15 989.100 0.00 70 10-65000.120-OOSF 0 0 0 1 0 15 989.100 0.00 71 10.65000-130-OOSF 0 0 0 1 0 15 989.100 0.00 72 10-65000-14C-OOSF 0 0 0 1 0 15 989.100 0.00 73 10-65000.150.OOSF 0 0 0 1 0 15 989.100 0.00 74 10-77250.050-OOSF 2 0 2 1 2 1 989.100 1978.20 75 10.77250-061-OOSF 1 0 1 1 1 1 989.100 989.10 76 10-77250-062.OOSF 1 0 1 1 1 1 989.100 989.10 77 10-77250-063.OOSF 1 0 1 1 1 1 989.100 989.10 78 10-77250.070-OOSF 1 0 1 1 1 1 989.100 989.10 79 10-77250.100-OOSF 2 0 2 1 2 1 989.100 1978.20 (3) 80 10.77250-110-DOWC 2 0 2 1 2 1 0.000 0.00 81 10-77250-120-DOMF 3 0 3 1 3 1 737.000 2211.00 82 10-77250-130.ODSF 3 0 3 1 3 1 989.100 2967.30 83 10-77250-131-OOSF 0 0 0 1 0 1 989.100 0.00 20 0 20 16,823.69 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 FI SANITARY SWR LATERAL SA NAME SL543 SA# 2191 YEARS 15 INT RATE .085 MOS 1ST YR INT 17 YEAR 1991 REC PROPERTY WMBR IDENTB CL 63 10-65000.050-OOSF 64 10-65000.060-OOSF 65 10-65000.070-OOSF 66 10.65000-080-OOSF 67 10.65000-090-OOSF 68 10-65000-100-OCSF 69 10-65000.110-OOSF 70 10-65000-120-OOSF 71 10-65000-130-OOSF 72 10.65000-140-DOSF 73 10-65000-150-DOSF 74 10.77250.050-OOSF 75 10-77250-061-OOSF 76 10.77250-062-OOSF 77 10.77250-063-OOSF 78 10-77250-070-OOSF 79 10-77250.100-OOSF (3) 80 10.77250-110-OOWC 81 10.77250-120-OOSF 82 10-77250.130-OOSF 83 10-77250.131-OOSF ASSESSMENT COST BREAKDOWN PROJ NAME SIBLEY HILLS DR SKYLINE RD PROJ NUM P543R SA NAME SL543 COST 109,290.99 GROSS UNITS 4,463.60 CORNER LOT, (494.38) SUBTOTAL 3,969.22 COMPUTED RA 27.53 IS THE ABOVE COMPUTED RATE APPROPRIATE FOR ALL CLASSES OF PROPERTY Y SF 27.530 /FF MF 27.530 /FF CI 27.530 /FF WC 5,312.800 AS ASSESSMENT GROSS NET UNITS PRO-RATA RATE AMOUNT UNITS CREDITS SUBTOTAL FA ASS'BLE SHARE ____====___=_=____ 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27330 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27330 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 0 0 0 1 0 15 27.530 0.00 150 0 150 1 150 1 27.530 4129.50 162.6 0 162.6 1 162.6 1 27.530 4476.38 150 0 150 1 150 1 27.530 4129.50 150 0 150 1 150 1 27.530 4129.50 208.4 0 208.4 1 208.4 1 27.530 5737.25 594.75 0 594.75 1 594.75 1 27.530 16373.47 1 0 1 1 1 1 5,312.800 5312.80 385 0 385 1 385 1 27.530 10599.05 385 0 385 1 385 1 27.530 10599.05 0 0 0 1 0 1 27.530 0.00 4378.6 -409.38 3969.22 107,444.97 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 WATER LATERAL SA NAME WL543 SA# 2193 YEARS 15 INT RATE .085 MOS 1ST YR INT 17 YEAR 1991 REC PROPERTY NMBR IDENT# CL 63 10-65000-050-OOSF 64 10.65000-060-OOSF 65 10-65000-070-OOSF 66 10-65000-080.ODSF 67 10.65000-090.OOSF 68 10-65000.100-OOSF 69 10.65000-110-OOSF 70 10-65000-120-OOSF 71 10-65000-130-OOSF 72 10-65000-140.OOSF 73 10-65000.150-OOSF 74 10-77250-050-DOSF 75 10-77250-061.OOSF 76 10-77250.062-00SF 77 10.77250-063-OOSF 78 10-77250.070-OOSF 79 10.77250-100.OCSF (3) 80 10-77250-110-OOWC 81 10-77250-120-OOSF 82 10-77250-13O.OOSF 83 10-77250.131-OOSF ASSESSMENT COST BREAKDOWN PROJ NAME SIBLEY HILLS DR AND SKYLINE RD PROJ NUM P543R SA NAME WL543 COST 58,367.38 GROSS UNITS 4,455.40 CORNER LOT, (820.28) SUBTOTAL 3,635.12 COMPUTED RA 16.06 IS THE ABOVE COMPUTED RATE APPROPRIATE FOR ALL CLASSES OF PROPERTY Y SF MF CI WC GROSS UNITS 0 0 0 0 0 0 0 0 0 0 0 150 162.6 150 150 208.4 594.75 1 385 385 0 3809.5 CREDITS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -259.38 SUBTOTAL FA 01 O1 0 1 0 1 0 1 01 01 O1 0 1 0 1 0 1 150 1 162.6 1 150 1 150 1 208.4 1 594.75 1 11 385 1 385 1 0 1 3550.12 16.060 /FF 16.060 /IF 16.060 /FF 3,685.990 /LS NET UNITS PRO-RATA ASS'BLE SHARE 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 0 15 150 1 162.6 1 150 1 150 1 208.4 1 594.75 1 11 385 1 385 1 0 1 ASSESSMENT RATE AMOUNT ec=:oec. :eeveoeecceeea= 16,060 0.00 16.060 0.00 16.060 0.00 16.060 0.00 16,060 0.00 16.060 0.00 16.060 0.00 16.060 0.00 16.060 0.00 16.060 0.00 16.060 0.00 16.060 2409.00 16.060 2611.36 16.060 2409.00 16.060 2409.00 16.060 3346.90 16.060 9551.69 3,685.990 3685.99 16.060 6183.10 16.060 6183.10 16.060 0.00 57,900.58 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 WAIVER OF HEARING OF SPECIAL ASSESSMENT is City Project No. 543R I/We hereby request and authorize the City of Eagan, MN (Dakota Co.) to assess the following described property owned by me/us: Plat and Parcel No. 10-77250-131-00 for the benefit received from the following improvements, constructed under City Project No. 543R. Said assessments have been preliminarily computed as follows: ITEM QUANTITY RATE AMOUNT PROJECT NO. Street and Storm Sewer Assessable Area 58,135 sf $0.0632 $ 3,673.91 543R Trunk Area Storm Sewer 58,135 sf 0.056 3,255.56 543R TOTAL $ 6.929.47 t( be spread over 15 years at an annual interest rate of 8;58 against any remaining unpaid balance. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these • assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. Dated: L7tiZ /? L/ ovL? ?' cc ILL, ' Howard Carlson Elaine A. Carlson STATE OF r61 )• ., M^,^4Y1 L WL'CC?,,PfEHN6, _ e?...i B2.APY PM 1--M'::.,:SNA )SS DA::7TA C;'_':J i Y COUNTY OF D? ( T? ) '-.. ` M; c n E,. ' ° t-'a On this /? i M day of j (,e IV ;E be aY?JmL' a;ffatgfy Yixtiisc iJtthin and for said County, personally appeared ICu l?telD ?/ ?a-SG/? and z1 G/t/1LSu/ to me personally known to be the personS described in and who executed the fore oing instrument and acknowledged that executed the same as 7>??/7 free nd deed. Note b------- FOR CITY USE ONLY (Hold until Final Reviewed: Assessment Hearing) r (Estimated Costs Only) 'qyy? Eagan Publi orks Department CITY USE ONLY L,/,?- BL SUBD.,?? RECEIPT M. DATE: 461'95 1995 MECHANICAL PERMIT (RESIDENTIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN, MN 55122 (612) 681-4675 Please complete for: single family dwellings ? townhomes and condos when permits are required for each unit New construction Add-on furnace Add-on air conditioning Add-on air exchanger, i.e. Vanee system, etc. Date: FEES ? Minimum Fee: Add-on/Remodel (existing residence only $ 20.00 ? HVAC: 0-100 M BTU 24.00 Additional 50 M BTU 6.00 ? Gas Outlets (minimum of 1 required @ $3.00 each) ? State Surcharge C? .?? TOTAL SITE ADDRESS: 1y260 72f led - OWNER NAME: / /,f/ S G/S?U'?y PHONE #: INSTALLER NAME: Z-OZ'Z'- STREET CITY: Z?_ STATE: PHONE #: ( CITY USE ONLY L BL RECEIPT #: SUBD. DATE: 1995 MECHANICAL PERMIT (COMMERCIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN, MN 55122 (612) 681-4675 Please complete for: ? all commercial/industrial buildings. multi-family buildings when separate permits are = required for each dwelling unit. DATE: CONTRACT PRICE: WORK TYFE. NEW CONSTRUCT ION PI T ERiOR iMPRUNIENIEN T DESCRIPTION OF WORK: FEES: ? $25.00 minimum fee gr 1% of contract price, whichever is greater. ? Processed piping - $25.00 State surcharge of $.50 per $1,000 of permit fee due on all permits. CONTRACT PRICE x 1% PROCESSED PIPING STATE SURCHARGE TOTAL SITE ADDRESS: OWNER NAME: TENANT NAME: (IMPROVEMENTS ONLY) INSTALLER: ADDRESS:_ CITY: PHONE #: TELEPHONE #: STATE: ZIP: SIGNATURE: SIGNATURE OF PERMITTEE CITY INSPECTOR v Original in Parcel File #10-77250-100-00 Case Type 2: Condemnation STATE OF MINNESOTA COUNTY OF DAKOTA -------------------------- City of Eagan, a Minnesota municipal corporation, Petitioner, V. Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C4-90-6278 STIPULATION OF SETTLEMENT This STIPULATION OF SETTLEMENT is made and entered into this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2"). I b. The City has commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). C. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes S 117.042 and the order of Court, transfer of title and possession of the original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A (hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. The City and Landowners agree that of the $25,000 agreed award amount, $3,800 is consideration for the value of the land taken, and the remaining $21,200 of the award is for severance damages to the property of the Landowners remaining after the City's taking. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3 V ! 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. 4. This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and city agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. Mack L. Salisbury Helen Hanson Salisbury 4 `l By v E. Vanoverbeke its erk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this 14 day of r. , 1992, before me, a Notary Public within and for said c unty, personally appeared Thomas A. Egan and E. J. VanOverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. 0 Aft JUDY M. JENKINS NOTARY PUBLIC - MINNESOTA D=11"40 COUNTY MT = 7-7YY7 UPWO STATE OF MINNESOTA) n J 4- ) ss. COUNTY OF JaK No r Pub is r ! The fore ng i strument was acknowledged before me this 1?1'/ day of , 1992, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. THOMAS R. SHERMAN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY y Public My c mWslon expires 1.90.97 APPROVED AS TO CONTENT: Pub-lie works Department Dated: e01- . S 2 THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth Street Minneapolis, MN 55402 (335-1500). JRD 5 APPROVED AS TO FORM: l0 -7?aO /30-o0 V of eagan MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 THOMAS EGAN Mayor April 15, 1992 SHARON K HILLS, ASSISTANT CITY ATTORNEY SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Stipulation of Settlement Salisbury v. City of Eagan Dear Sharon: PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator EUGENE VAN OVERBEKE City Clark Enclosed please find six (6) original agreements relating to the above-referenced settlement. These agreements have been executed by City staff, but still need to be signed by the attorney. Once these signatures have been obtained, please return an original to the City for our record keeping purposes. Thanks, Sharon, for your assistance in this matter. Sincerely, J 3 M.kins gineer' Lig Secretary /jmj Enclosure THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer STATE OF MINNESOTA COUNTY OF DAKOTA ----------------------------------- City of Eagan, a Minnesota municipal corporation, Petitioner, V. Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. Case Type 2: Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C4-90-6278 STIPULATION OF SETTLEMENT This STIPULATION OF SETTLEMENT is made and entered into this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2"). b. The city has commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). C. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes 5 117.042 and the order of Court, transfer of title and possession of the original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A (hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. The City and Landowners agree that of the $25,000 agreed award amount, $3,800 is consideration for the value of the land taken, and the remaining $21,200 of the award is for severance damages to the property of the Landowners remaining after the City's taking. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3 } 3. The city agrees that upon request of the Landowners, the r City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. 4. This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. A ? 1L Ma//o$lY/?'L. Salisbury Helen Hanson Salisbury 4 By v 4E. '? VanOVebeke erk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this 944 day of r. , 1992, before me, a Notary Public within and for said c unty, personally appeared Thomas A. Egan and E. J. Vanoverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JENKINS NOTARY PUBLIC ' MINNESOTA My Dpo vnllnw more$ i ? STATE OF MINNESOTA) net44? ) ss. COUNTY OF J The fore o.ng i strument was acknowledged before me this l?71? day of i A71/' 1 1992, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. THOMAS R. SHERMAN NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My c Mtubn expb" IJ6-97 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Pub7ic Works Department Dated: Cy 1 -? Z of y Public THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth Street Minneapolis, MN 55402 (335-1500) JRD 5 SEVERSON, WII.COX & SHELDON, P.A. LARRY S. SEVERSON* JAMES F. SHELDON J. PATRICK WILCOX' MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA" A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 RR21 432-3136 KENNETH R. HALL •.. SCOTT D. JOHNSTON LOREN M. SOLFF.ST CHRISTINE M. SCOTILIO ANNETTE M. MARGARIT DANIEL M. SHERIDAN SHARON K. HILLS MARK D. STENBECK TELEFAX NUMBER 432-3780 'ALSO LICENSED IN IOWA 'ALSO LICENSED INWISCONSIN ...ALSO LICENSED IN NEBRASKA March 26, 1992 Gene VanOverbeke City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Salisbury v. City of Eagan - Assessment Appeal Our File No. 206-9801 Dear Gene: OF COUNSEL: JOHN I. VUKELICH Enclosed please find a copy of a letter from the opposing attorney, an original and five copies of the revised stipulation of Settlement and the allocation of damages report. The revised Stipulation of Settlement was reviewed and the dollar amounts verified. Accordingly, this matter may be put on the City Council agenda. Upon the Council's approval, the Stipulations may be fully executed by you and the Mayor. If you have any questions or concerns, please do not hesitate to contact or office. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. S on K. Hills SKH/wkt Enc. LAW OFFICES LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION SIp N[T LOPpCP P If. MA RDJ W[GEN[R INEV BARROWS D ANIEI J M[INEPNEY. JP ADS...C NAT HANSOM PETERE SCHIFSITY 0 FIELD JP HAROLD NVGN M MAY.... MICHAEL G TAYLOR LAWRENCE P SCMAEFER RICHARD J GUNN FREDERICK A ORRIS SUITE 2300 JON. W GEESIHGER CAROLYN V IN LSUI n LEMI SANS JO..C A.,.N THOMAS P SANDERS STEVEN R LINDEMANN T H0MA5 D EI.BERG BRADLEY J GIILAN 150 SOUTH FIFTH STREET ROBERT ZEGLOVRCH I.... BERG MOP HIS M $HERMAN CIIAEL A ."E. TIMOTHY WELCH STEVEN J A MOS'. GEORGE RULlY MA.I..C BRAD MINNEAPOLIS, MINNESOTA 55402 GREGG J EAVANAGM JAMA M KPIZ CHARLES . DAYTON DAVID N NAYNES SUSAN. AOBI.E. LORENA UNTERSEHCR DAVID. Co. CAROLYN CHALMERS MICHAEL R COHEN JOSHUAI ... ASSnIEGA STEPHEN R ILAUM I.." V P T TELEPHONE 16121 335 1500 BRAOLCYJ GUNK JAN.. EICHLER SNIIN ...1.A MAY. O II OaERYL D[MAY NANCY WILTGEN PEIBERT ..TM B O NEILL L DWELL J MOTEBOOM ANGLL. M FACSIMILE 16121 335165] VIRGINIA B CONE ANDREW P LEE GEORGE f McGU..IOLE, JR DOHMANM ROBERT P TRAVIS MICHELLE A MILLER NICOLE A ENGISCM PICHAPDG PEPIN, JR JAMESG BULLA.. TIMOTHY p MEYER50. FREDRIC T ROSENBLATT JOSEPH M FINLEY JENHMERK PAP. GEORGE8 LEONARD Irp Ti r11 BYRONE STAPNS LA RE.CEI FIELD BLAKE SNEPARO JR ARTHUR L H STREET (16)I 19611 STEVEN M RUSIH V DAVID W KELLEY March 13 1992 WILLIAML GPEEMC B E.E.ICT OLIN... 1169919 JOHN. NEHHAN MAPS WEITI 1 STEVEN I BE LTD. AMOS S DEINARO H6aS 196S I STEVEN O O[RVYT[R DAVID L LILLEIIAUG PLIERN BACHMAN ,.MESA DORSEY DAVID NA.TOP MnRC O SIMPSON IRENE SCOTT 1..E.. M GRAHAM ANGELA N CHRISTY SHAUNC M[ELHATTOH DANIEL0 FOTH $TEFHENJ OAVIDSON MA..A LAOS.. JAMLSJ BERTRAND DANIEL M SATORIUS STEPHCN P TMAN LOWELL V STORTI MARK W DE[EHANTY Rr COU U. [1 OAVIDC ZAL. ....IA. B OREENS.AG E OWARO M MOEPSFELOER ELLENG "MFSON ROBE AT LE wIS BARROWS WRITER'S DIRECT DIAL NUMBER (612) 335-1631 Michael G. Dougherty, Esq. Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 Re: Mack L. Salisbury v. City of Eagan--Assessment Appeal Your File No. 206-9801 our File No. 19956-13206 Dear Mike: Enclosed as we discussed, please find an original and five copies of Stipulation of Settlement which has been executed by the Salisburys, and notarized. As we discussed, this Stipulation of Settlement replaces the old Stipulation of Settlement and modifies paragraph 1 providing for an allocation of the agreed upon award between damages for the land taken, and severance damages to the remaining land. That change in provision is found in paragraph 1. Also as you requested, I am enclosing the original copy of the preliminary estimate of value of Rich Ruppert, indicating an appropriate allocation of the award between damages for the land taken, and severance damages consistent with the amended paragraph 1 to the Agreement. Please ask the City to re-execute this Agreement, and return to me three fully executed and notarized copies for my file. I want to thank you for going to the bother to having this done so that my client may have the benefit of severance damage treatment for the portion of the award allocated to those damages. Fif Michael G. Dougherty, Esq. March 13, 1992 Page 2 If you have any questions, please feel free to call. Very truly yours, LEONARD, B JRD/dj Enclosures i r JRD\SALIS\DWGHERTY.LTR STREET AND DEINARD /?r Dorsey RUPPERT & RLTPPERT ASSOCIATES. INC. REAL ESTATE APPRAISERS, BROKERS & CONSULTANTS SUITE 100 January 30, 1992 James R. Dorsey, Esquire LEONARD, STREET & DEINARD Suite 2300 150 South Fifth Street Minneapolis, MN 55402 Re: City of Eagan v. Delosh and Salisbury: Court File No. C4-90-6278 Your File No. 19956-13206 Dear Mr. Dorsey: R J RUPPERT.S R A.PRF.SICENT SCOTT J RUPPERT,J O. VICE PRESIDENT 1700 WEST 7BT" STREET TELEPHONE 612/869-9230 M INNSAPOI.I4, MSNNISPOTA R?i?123 FACSIMILE 612/869-6160 In connection with the taking by the City of Eagan of the property of Mack and Helen Salisbury located on skyline Road, you have asked me to estimate the amount of damages attributable to the value of the property taken by the City and the portion of the damages attributable to severance damages to the property remaining after the taking by the City. As you know, I have not performed a complete appraisal of this property for purposes of determining its before and after values. But instead, I have merely inspected the property and made a preliminary estimate of the damages likely to be caused by the taking. In performing my preliminary estimate of the damages, I have relied on the land use analysis of DICKMAN KNUTSON, PROFESSIONAL PLANNER, as to the number of lots that could have been developed on the property before the taking and after the taking. The taking by the City of Eagan is described in the attached Exhibit A. It involves the acquisition of a permanent roadway and utility easement containing 6,065 sq. ft., more or less, and a permanent utility easement containing 600 sq. ft., more or less. We consider these acquisitions permanent takings of land by the City of Eagan. In addition, the taking involves the acquisition of a permanent drainage easement containing 2,560 sq. ft., more or less, and a ponding easement containing 1.291 acres, more or less. Although these acquisitions are permanent takings, we consider the damages resulting from the permanent drainage and ponding easements to cause severance damages, as discussed below. ql In estimating the damages due to the land actually taken for the permanent roadway and utility easements, we have a total Page 1 of 2 James R. Dorsey, Esquire January 30, 1992 acquisition of 6,665 sq. ft. We preliminarily estimated the value of the land to be approximately $25,000 per acre, or a total value of approximately $125,000 for the entire parcel. This amounts to approximately $ .57 per sq. ft. Assuming a permanent acquisition of 6,665 sq. ft. indicates a value for the land taken in the amount of $3,800. As indicated above, the damages for the drainage and ponding easements would be severance damages and would represent the remainder of the damages. In that regard, Mr. Knutson estimated, and I verified, that 12 to 13 lots could be developed before the taking. I estimated the retail price per lot at $25,000 to $30,000 per lot -- say $27,500 retail price per lot. After the taking, assuming a relocation of the City's ponding and drainage easements as shown in the attached sketch prepared by Mr. Knutson, he determined, and I concur, that 10 lots could be developed on the property. The retail value per lot would be the same approximate value as in the before situation. This represents a difference in total retail price of the lots before the taking compared to the retail price of the lots after the taking of $55,000 to $82,500. Although in my opinion the total development costs in the before situation and after situation would be similar, this amount of potential retail price loss would have to be reduced for entrepreneurial profit, carrying costs and sales commissions, to arrive at a severance damage to the remaining parcel. Thus, assuming a damage settlement with the city for $25,000, I would allocate $3,800 of those dollars to the land taken, and the remaining $21,200 to severance damages to the property of the Salisburys remaining after the City's taking. If you have any questions, please feel free to call. RUPPERT 61RbVP,RT ASSOCIATES, INC. By: -''iR J. uppert,'' resident Appraisal License No. 4000850 RJR: ju LTR1074 Page 2 of 2 _,?.,,?,.?..•?,?-,.?.,..-??.?•a ,_;C C.R:A.r S.R:A`.. s % Ia}. CERTtFiED FEDERAL GENERAL REAL PROPERTY APPRAISER, State of Minnesota ,r H` -`PROFESSIONAL MEMBERSHIPS & LICENSE ;.?i . :? Senior Member of the APPRAISAL INSTITUTE ., Awardedahe professional designation S.R.A. r?? 't? SeniorMember of NATIONAL ASSOCIATION OF REAL ESTATE APPRAISERS ,°-Certified Commercial Real Estate Appraiser- C.C.R.A. _ "Member of the Minneapolis Board of Realtors - - , Member of the National. Association of Realtors Member of the American Right of Way Association Served on Education Committee - 'Served on Legislation and Ethics Committee Licensed Real Estate Appraiser, [General Certification) State of Minnesota License Number 4000850 Licensed Real Estate Broker, State of Minnesota License Number 0095031 Multiple Listing Service of Minneapolis-M.L.S. Member of the Urban Land Institute Member of the Appraisal Data Network, Inc. lit SPECIALIZED EDUCATION Standards of Professional Practice, Society Of Real Estate Appraisers, 1989 Minnesota Tax Facts and Analysis, Minnesota School of Real Estate, 1988 Minnesota Real Estate Transactions, Minnesota School of Real Estate, 1987 Minnesota Contract for Deed Law, Minnesota School of Real Estate, 1987 Income Property Investment, Minnesota School of Real Estate, 1986 Case Study II, offered by American Institute at the University of Wisconsin, 1965 Reel Estate Property Law Course at the University of Minnesota, 1965 Case Study 1, offered by American Institute at the University of Missouri, 1964 Course #1, offered by Society of Real Estate Appraisers at Macalester College, 1963-1964 Real Estate Brokerage Course offered at the University of Minnesota, 1962 _ Construction Surveying Course at Dunwoody institute. 1961-1962 Highway Engineering Course offered at Dunwoody institute, 1960-1961 Numerous seminars in Real Estate, sponsored by the Appraisal Institute and Hennepin County Bar Association IV REAL ESTATE APPRAISAL/CONSULTATION EXPERIENCE: Entered real estate field in 1960; Independent Fee AppraiserfConsultant since 1965. Currently PRESIDENT - RUPPERT & RUPPERT ASSOCIATES INC., REAL ESTATE APPRAISERS, BROKERS & CONSULTANTS. A_ppra'as Experience & Services iSoecialtiesl: Market value estimates of residential, commercial, industrial, institutional and multiple dwelling properties; - Partial and total takings under condemnation; - Special purpose properties; resort properties; urban renewal valuations; - Flowage easements, transmission line easements and redevelopment analysis; - _ -, Sound/noise impact studies due to aircraft on single family properties; - Feasibility studies for commercial and industrial properties; _ • 'Rehabilitation, appraisals; re-use appraisals; Outdoor; Advertising Plants, locations, structures and office complexes throughout the United States. - Aporaiael3 far: ?.',. Mortgage financing, acquisition and development; Eminent domain, estates and tax matters; z - Employee relocation, insurance allocations and site selection; - ` I - Partnerships; trusts and urban renewal; ' - - - Transmission line and flowage easements; Highway and urben.ronewal eminent domain/condemnations; e: - - - r - consultation Experience and Service - Site seiection and locational analysis for convenient food MGM and restaurants; ,. - ' Development procedures.land) interim and permanent financing on investment properties; - - Investment and management of income producing properties; - - -Development procedures on residential subdivisions; - , - Contract fordeed financing,on residential and commercial properties; , - Cash Flow Analysis and Internal Rates of Return for Investors; Member, of. Losm RaviewlApproval Committee, Key Mortgage Corporation. V DISTRICT COURT?COMMISSIONER AND'- EXPERT WITNESS: - Appointed by Hennepin County District Court as Commissioner in eminent domain actions.' Qualified and testified es an EXPERT WITNESS Ir istrict Court - on behalf of both the condemnor and condemnee, in Hennepin, Ramsey, -" '- Anoka; Scott,'Lyon, Carver, Dakota, Washington: Murray, Blue Earth and St. Louis Counties,, Minnesota. Raleigh, , •w, North C$folina and Boston, Massachusetts. "'.VI` ":APPROVED INSTRUCTO `BY MINNESOT DEPARTMENT OF EDUCATION: - -,_ In Real Estate. Appraisal,, Management and Investment in Residential, Commercial, Iridustfial and Special Purpose EJ- - Ptoperties; including Shopping Centers. Instructor for Minnesota School of Real Estate. Lectured at Minnesota Trial # I Lawyer's Association and Hennepin County Ber,Association • Eminent Domain Committee. I t?tii ?.c '-t• d i'-s ?-«vt '.s CC _ , Page.1 of 3"' j_3? 't.-' - ` `'•-mpAt tant'ofarrieaihn¢nt typo Prop n l A - erties; contract for deed mortgag struction of severa ral,epartm ent Drojec .:=_. e ' Tmencing., -I . , r, a n shopping •:,% r ; ' office boildin"gs; , °', -?. tom., ts, anera co Haya:ffar?lCif>d?nd Th.th i " 4 x , - - % <?asi+tors; fast feod.rostaurants, aiid ot s ngs. her commercial build Commercial build s i buildin ings and retort stop dentate , g ,spertmen -Presentlyown and mange.variou ' ` ? r - ? v ,..fdY Y2, ^.. .`:., .v, .?" ice ?-r`^,t ,t .? ':. v":. .-'•. "? ' - •. . . - - ..[.".. -.-'. - - • ! VIIfAPpOINTED?ARBRRATOR:: tor y Hannepin,County District Court and private attor arbntr orntatl' - ' A - "• ''}?"- neys immetters'to sting to ream, .' -_ ;,,•, ' a : . pp - - 'estate -values end use: - •• = ' - - l IX PARTIAC-U3T'OF CLIENTELE: GOVERNMENT AGENCIES - Bloomington School District City of Laketown Hopkins School District Housing & Urban Development ' City of Bloomington City of Brooklyn Park - City of Plymouth City of Shorewood Internal Revenue Service Metropolitan Waste Control Commission - City of Brooklyn Park Department of Natural Resources Eden Prairie School District Metropolitan Sports Commission City of Chanhassen. City of Eden Prairie - General Services Administration - Minneapolis School District t Minneapolis Housing Authority City of Edina Hennepin County Highway Departmen Minneapolis Park Board City of Excelsior Hennepin County Attorney Hennepin County District Court , Minnesota Attorney General City of Fridley City of Hopkins Hennepin County Probate Court Minnesota nt f Trans. tm e Admire Veterans CORPORATIONS Air Reduction Systems - General Electric Inc. New York Life Insurance Northern States Power - - - Akerly Communications Allianx Financial Corp. General Foods General Mills , _ Northwest Airlines , Amoco Oil Company' General Mortgage Northwestern Bell - Incorporated Norwest Banks • Amphenol Corporation Archer Daniels Midland Homequity Honeywell , PDO Food Stores • Ashland Oil Company - Bell Telephone - - LB.M. Imperial Outdoor Advertising Phelps Dodge . Phillip Morris Boisclair Corporation - Inland Ryerson Phillips Petroleum Company Brown-& Williamson Tobacco' ;. • Browning Ferris Industries Insty Prints, Inc. Jeff-Jon-Rob Amusement Pillsbury - Premier Mortgage Corporation . - Carlson Properties, Inc. John-Deere Company Pure Oil Resolution Trust Corp. (R.T.C.) , Columbia Broadcasting Kaiser Aluminum dt Inc Kl Rothschild Company - Consolidated Papers Continental Can . o Knutson Company Shell Oil Continental Casualty D Koppers Corporation Major Media of Southwest Shelter Mortgage Standard Oil Company Control ata Crown Zellerback • - ?Msrgaretten Mortgage Company Texas Instrument . Dun & Bradstreet - - McCarty Outdoor Advertising, Inc. - Travelers Insurance Triple Five Corporation Eastern Airlines " ' i C • McDonalds Restaurant Minnegasco Inc. U.S. Plywood Corporation ompany . . El Lilly M.C. Corporation F Minnesota Mining United Capital Life . Federal National Mortgage IF.N.M.A.) , Minnesota North Stars Univac Western Electric - First National Bank. Ford Motor Company N.C.N.B., Financial Naegele Outdoor Advertising Westinghouse Xerox - X. PARTIAL LIST OF PROPERTIES APPRAISED: ' - 1000 Oaks Townhouse Development Coon Rapids, Minnesota" Minneapolis & St. Cloud, Minnesota , .2-Pen-O-Gold MFG. & Office Plants - Minnesota Eden Prairie - 7-Hi Drive In Theater Academy Theatre , Minneapolis, Minnesota ' Ackedey Communications Outdoor Advertising Plant Boston, Massachusetts " Amalgamated Supper Club Minnetonka, Minnesota Minnesota Louis Park St Ambassador Motor Hotel , , . Bloomington, Minnesota ' Amoco Oil Station American Legion Hall Golden Valley, Minnesota Blocher Outdoor Advertising St. Cloud, Minnesota Boneventure Shopping Center Minnetonka, Minnesota Golden Valley, Minnesota ' 'Brack Ice Center Cantle Retreat Center Wayzata, Minnesota Coco Lazzone's Restaurant Golden Valley, Minnesota Minnesota Minneapolis Columbia Heights & Parkway Movie Theatres , Minnesota Arden Hills Control Data Office Complex Creekside Elementary School , Bloomington, Minnesota - Decathlon' Athletic Club Bloomington, Minnesota ' _ Display, Incorporated Outdoor Advertising Plant Waterloo, Iowa Minnesota Minneapolis Downtown Chevrolet Auto Agency , Minneapolis, Minnesota Embers Restaurant - Farvue Outdoor Advertising Plant MinnespolislSt. Paul, Minnesota - Fox Glen Townhouse Developments Metropolitan Area, Minnesota Fredrickson Outdoor Advertising Plant Minneapolis, Minnesota Fuddruckers Restaurant St. Louis Park, Minnesota Golden Valley, Minnesota General Mills World Headquarters Minnesota Eden Prairie Golden Strip Industrial Perk , Minnesota Burnsville - Ground Round Restaurant H' Lska Shopping Center, - , Minneapolis. Minnesota . Hiawatha Bowling Alley Minneapolis, Minnesota A Minnesota Bloomington • .: Humboldt Heights Elementary. School , Minneapolis, Minnesota - - Imperial Hotel Imperial Outdoor Advertising _ Lincoln, Nebraska Ins Prints Home Office ty Minneapolis, Minnesota . s- .; . ' ^ . - , - a+:: „r,_ ,., M;; -a ..: _ . .y ..--, .., . _ 5-:(;-;. T „SRtnz +.?si; • Page 2-of 3 Shiely Sand & Gravel - Naegele Outdoor Advertising Plant Naegele'Ouidoor Advertising Plant Naegele Outdoor Advertising Plant ' Neegele Outdooo Advertising Plant 'Neegele Outdoor Advertising Plant . National Bank of Commerce Nativity Catholic Church Newman Outdoor Advertising Plant Newman Outdoor, Advertising Plant North Side Lincoln/Mercury Auto Agency Northwest Airlines Office Site Oak Knoll Elementary School orange Crush Bottling Plant Perk Baptist Church - Pizza Hut.Restaurant - Port Superior Village Marina & Condominiums Port Mountain Ski Resort Prince-of Peace Lutheran Church _ _ Rapid Oil Change, Rialto Theater' Roosevelt Hotel Rupert's American Cafe & Nightclub Rudy Luther Toyota Automobile Dealership Scandia Winds Condominiums Schubert Outdoor Advertising Plant Seville Hotel Shakey s Restaurant Shamrock industries Office/Manufacturing Facility -Sheraton Park Place Hotel „o..,. a..,...r - ". ?. ,. KaY P1i66Pq,Avto; flgancy _ .. - _- Wayzata, - ' Se., Louis Park,<Minnesote.w;-' 'sYnn Supper ,•< King Lamar-Dsan Outdoor Advertising Plant - ,. ' - - - Jacksonville, Glorida „Iacksonville, Florida Bldg. Lamer-Dean'Outdoor Advertising OFfise - '..'SC. Louis.PerkrMinnesota - „ - Lincoln Del Restaurant St. Louis Pads; Minnesota ' Uled Way Shopping Center : i - Spring Park, Minnesota '- - Lord Fletcher's Supper Club Spring Park, Minnesota Lord Fletcher's Apartment Complex Bloomington, Minnesota Mall-of-America/Fantasyworld Minneapolis, Minnesota Market Bar-B-Que Bloomington, Minnesota Marriott Hotel. Minneapolis, Minnesota Meet Distributors Packing Plant Eagan, Minnesota Medical Incorporated Laboratory & Office Bloomington, Minnesota Metropolitan Sports Center Bloomington, Minnesota Metropolitan Stadium Site Santa Ana, California Metropolitan Outdoor Advertising Plant St, Paul, Minnesota Metro Square Office Building/Parking Ramp Minneapolis, Minnesota Mini Warehouse Facility Minneapolis, Minnesota Minnegasco OfficefWarehouse Facility Minneapolis, Minnesota Minnegasco River Plant & Office Minneapolis, Minnesota Minnehahs Masonic Lodge Minnesota Valley Golf Course & Country Club Bloomington, Minnesota Minnetonka, Minnesota Minnetonka Country Club and Golf Course Minnetonka, Minnesota Minnetonka Design Center St. Louis Park, Minnesota Miracle Mile Shopping Center Minneapolis. Minnesota Moby Dick's BarlLounge Cable, Wisconsin Mount Telemark Golf Course Cable, Wisconsin Mount Telemark Condominium Motel Cable, Wisconsin Mount Telemark Ski Resort palm Springs, California Naegele, Outdoor Advertising Plant Raleigh/Durham, North Carolina Neagele Outdoor Advertising Plant Louisville, Kentucky -' Naegels Outdoor Advertising Plant - Winston-Salem, North Carolina Naegele Outdoor Advertising Plant Jacksonville, Florida _ Outdoor Advertising Plant Naegele Memphis, Tennessee , Neegele Outdoor Advertising Plant Richfield, Minnesota Neegele Outdoor Advertising Office Building Kansas City, Missouri Naegele Outdoor Advertising Plant New Orleans, Louisiana ' Shorewood' Lounge & Supper Club Sir "G's" Restaurant/SUPPer Club Skoglund Outdoor Advertising Plant Skoglund Outdoor Advertising Plant Southwest Crossings Office Park Speak the Word Church .. ar V,neent's Cemetery I ... Surrey Heights Townhouse Development Thank God It's Friday (TGIF) Restaurant The Commons Mall Tianna Golf Couise & Country Club Valley Green Business Park (Formerly Canterbury) Valley View Mini Mart & Service station Village Athletic Club & Recreation Building Watkins office and Manufacturing Wayzata Montessori School Wayzata Medical Center Westdale Ford Auto Agency Westwood Nursing Home .. Woodbridge' Office Building Wilkins Pontiac/Rat _ ar Paul; Minnesota Fargo, North Dakota Moorhead, Minnesota Minneapolis, Minnesota Eagan, Minnesota Hopkins,, Minnesota Minneapolis, Minnesota St- Louis Park, Minnesota Bumsville, Minnesota Brooklyn Perk, Minnesota Minneapolis; Minnesota - Minneapolis, Minnesota `Golden Valley, Minnesota St. Louis Park, Minnesota Bui niville, Minnesota Minneapolis/St. Paul, Minnesota Bloomington, Minnesota - ; St. Louis Park, Minnesota Minneapolis, Minnesota ' St. Louis Park, Minnesota Minneapolis, Minnesota , Fridley, Minnesota Woodbury, Minnesota Superior, Wisconsin Duluth, Minnesota Eden Prairie, Minnesota ' Golden Valley, Minnesota Osseo, Minnesota Eden Prairie, Minnesota Eagan Township, Minnesota St. Louis Park, Minnesota Brooklyn Park, Minnesota Welker, Minnesota Shakopee, Minnesota St. Louis Park, Minnesota Forest Lake, Minnesota Winona, Minnesota Minnetonka, Minnesota Wayzata, Minnesota Wayzata, Minnesota St. Louis Perk, Minnesota Minnetonka, Minnesota St, Louis Park, Minnesota page 3 of 3 ?' ?' • CAi?NGENT ASSCJMP? iCSNS'AND'rIIVIiTING=CO1?Dl THE PROPERTY'IS APPRAISED ~INGFEE SIMPLE, SUBJECT`TO THE' IONS =? ? . „?,,` _ OLLOWING: 11 The legal description furnished us or secured from public records is assumed to be correct. 2) We assume no responsibilities for matters legal in character, nor do we render any opinion as to title, which is assumed to be marketable. Unless otherwise noted, the property is appraised in fee simple, and all existing liens and encumbrances have been disregarded, and the property is appraised as though free and clear, under responsible ownership and competent management, unless otherwise noted herein. ' 3) We assume no responsibilities for any structural defects, electrical, mechanical, roof or plumbing facilities in the - - improvements which are presumed to be in good working order unless otherwise noted. The existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea formaldehyde foam insulation and/or existence of toxic waste, which may or may not be present on the property, has not been considered. The appraiser is not qualified to detect such substances. We urge the client to retain an expert in Ala field if desired. The existence of urea-formaldehyde foam insulation or other potentially hazardous waste material May have an effect on the value of this property. 4) It is assumed that soil conditions are suitable for normal construction of property type unless otherwise noted herein. 5) The sketch in this report is included to assist the reader in visualizing the property. We have made no survey of the _ property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations nor restrictions existing in the subject property. 611 Certain information, estimates, and opinions contained in this report are obtained from sources considered reliable; however, no liability for them can be assumed by the appraiser. 7) Possession of this report, or copy thereof, does not carry with it the right of publication, nor may it be used for any - purpose by anyone but the applicant without the previous written consent of the appraiser and the applicant and, in any event, only with proper qualifications. 8) We are not required to give testimony or attendance in court by reason of this appraisal, with reference to the property _ in question, unless arrangements have been made previously thereof. 91 The division or distribution of lard and improvement values estimated herein is applicable only under the program or utilization shown: These separate valuations are invalidated by any other application and must not be used in conjunction with any other appraisal - 10) Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the Identity of the appraiser or firm with which he is connected, or any reference to the APPRAISAL INSTITUTE or other professional organizations. • 11) The subject is'appraised In fee simple, assuming responsible ownership and management; unless otherwise noted herein: An mortgages, liens, encumbrances leases and servitudes have been disregarded unless so specified within this report This appraisal recognizes that available financing is a major consideration by typical purchasers of inccma_ producing read estate in the market, and the appraisal assumes availability of financing to responsible and substantial m purchasers of the property in amounts similar to those Indicated or implied in this report. 12) It is essumed that there is full compliance with all applicable federal, state and local en vironmentel regulations end, •. - laws unless noncompliance is stated, defined and considered in the appraisal report. ---, _ 13) No environmental impact studies were either requested or made in conjunction with this appraisal, and the appraiser hereby reserves the right to alter, amend, revise or rescind any of .the value opinions based upon any subsequent enviromnental impact studies, research or investigation. _ ,14) Information In the appraisal relating to comparable market data is more fully documented in the confidential file in the '- ' -office of the appraiser. -All studies and field notes will be secured in our files for future reference. 161 It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-- - conformity has been stated, defined and considered In the appraisal report. 161 The client is considered to be the person-or entity paying the appraisal fee, even if through a second party. absent written, agreement to the contrary. The liability of R. J. Ruppert Associates, Inc., firm and employees is limited to the - client only and oo the'tee actually, received by the appraiser. _ 17) It is assumed that all required licenses, consents or other legislative or administrative authority from any local, state or • ' national governmental, private entity or organization have been or can be obtained, or renewed for any use on which ..the valueiestimate contained in this.report is based. =18)' Iris assumed that the utilizotion•of the lend improvements is within the boundaries of theproper[y lines of the property described and that there is -no encroachment or trespass unless noted within the report: - , SCOPE OF THE APPRAISAL An appraisal is a process of estimating, not determining the market value of real property, as defined herein, as of a specific date for the interest specified in the report. Information- provided by the client is not generally verified, but is believed to be correct and, reliable. Legal descriptions, community and neighborhood, site and tax information is generally believed to be gained:from public-records or published sources as well as with Individuals familiair-with :thearea:"The.plat is gained from the public records unless a survey is- Provided- Size(s) 6i?the'subject`improvements are measured by the , appraise'r,-or gained from othereources as indicated in the report. 'The , property was, = inspected from interior-and exterior by the appraisers. - All possible`appraisel techniques are not necessarily used only those believed to be most appropfate'for th i&-type-of property. The appraisal techniques used are, 6onsidered,th_ ose _ "- most;pertinefif in the ethics and rules of the APPRAISAL INSTffUTE. - ?•' Comparebie property data is confirmed with a party familiar withthe transaction and/or - -` publlc:records as reasonably possible. Research and information of this type is usually limited?,to one source, unless reasonable doubt is experienced.-:'Accuracy, of course, cannot be guaranteed. Inspection'of comparable properties ;is limited, in most cases, to visual off site inspection. Inspection of the interior, . . and inspection at the time of sale is seldom possible. Analytical conclusions-are only those of the appraisers signing the report:- The value ,. estimate,of the subject property is made giving full consideration to the various factors - affecting value: it The appraisal is intended for persons, or firms, familiar with- real estate and real property such as the subject and familiar with appraisal terminology," methodology and reporting. Please contact the appraisers preparing the report if any questions about the appraisal, its use, terms, scope and research or analytical methodology used, arise. Y iY Yt° x "S-',.t,..v .?{N?:.:.:( .:v '?Ft .. "1 .. •.. ... -+, APPRAISER'S CERTIFICATION The undersigned appraiser/appraisers hereby certify that: A) The undersigned appraiser/appraisers have personally inspected the subject property. B) We have no present nor contemplative interest in the real estate that is the subject of this appraisal report. C) We have no personal interest or bias with respect to the subject matter of this appraisal report or he parties involved. D) Our compensation is not contingent on the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value stipulatedo result,or the occurrence estimate, atsubsequent event of a E) co the best best in of the our knowledge sal dreport, pon wh which he analysis, opinions c and conclusions expressed herein are based, are true and correct. F) That this appraisal report sets forth all of the assumptions and and conclusions limiting conditions affecting the analysis, opinions, contained in the report. C,) The appraisal report has been made in conformity with and is subject to the requirements of the Standards of Professional Appraisal Practice of the APPRAISAL INSTITUTE and the Uniform Standards of Professional Practice. H) No one other than the undersigned prepared the analysis, conclusions and opinions concerning real estate that are set forth in the appraisal report. it Additional information relating to documentation, substantiation, reasoning and justification is maintained in my files and may be made available upon request. gulatio J) Disclosure of the contents of this is of the contents the reof this ns of he APPRAISAL INSTITUTE and no part report shall be disseminated to the public through advertising, public relations, or any other public omeans of communication without the val of the a praise app aiserrs listed prior written consent and app below. a requested K) The praisal assignment was not based on specific of a loan minimum specific valuation, or the app R SRA SCOTT J. RUPPERT; ASSOCIATE R U Orr 20 Rlllcn M5I5Ch fen Minn:apolis, t ycron& 612-771.8660 AssoOatm, Inc. FAX 331-3806 PARCEL NO: 10-77250-130-00 OWNEF.: Mack and Helen Salisbury 1470 Skyline Drive St. Paul, MN 55121 DESCRIPTION OF EASEMENT: Avcnuc Easement 117 Enginccrs Surveyors No. 89-12 Planners A temporary easement for public roadway and utility purposes over, under and across the northerly 5.00 feet of the North Half of Lot 13, according to the plat of TREFFLE ACRES on file in the Office of the Dakota County Recorder. Said temporary easement contains 1,675 square feet more or less. Said temporary easement expires December 31, 1990. No t aundary survey work was performed as to the precise Coca son of this tract. Exhibit A Dakota County - Taxes I HEREBY CERTIFY THAT THISSURVEY. PLAN. OR REPORT WAS PREPARED B ORUNDER MY DIRECT SUPERVI 'ANDTHAT1AMADULYREGIS- RE LAND SUR YOR UNDER/ HE WS OF THE STATEEIDF INNESOTA. ?? /l ?? (0 D. EDWARD AMES REG. NO. 3 4 DATE DANIEL R. MCGIDBON REG. NO. 18883 DAfE {.: - - --- ----- 13.5' TEMP. ESMT. co 10 12 \ \ \ \ co ? 89 - ^' AP,OPp _ MH 7-4 1 ??\ s Fi 'r OLD S ^e r I M .• ? \? `I I J 7'!` 50 d 04 rri O Ln .'r -89-13 \ r - PERM. ESM Z; t ,1 qt v ? r CL I I a ? r - ----- - -- .L; - 77. W .- S 3 I 13; ?- MH 7-5 a I TEMP. EASEMENT MATCH INPLACE BITUMINOUS 89-12 4 MAT AND CURB & GUTTER " c I { (BY OTHERS AT STA.0+42) ?EMP. ESMT. j f b 112 RC FLARED END S3 3 TREOLE AC RE 5. CLASS I 1., RI LOT W/FABRIC 10'5' X 18? .. .. ..` .... ..::..OW - :--... ON. ?? +in OR st Hennepin Avenue Mayan 1.866 MN 55413 chc1ennk 612.331.8660 Assouates,hlG FAx331.3806 PARCEL NO.: 10-77250-100-00 011NER: Mack and Helen Salisbury 1470 Skyline Road St. Paul, MN 55121 DESCRIPTION OF EASEMENT: Easement Engineers 69 _',:r ii Surveyors No. r Planners IZ-15-89 r r .Dakota County - Taxes A permanent easement for public roadway and utility purposes over, under and across that part of Lots 8,9 and 10, TREFFLE ACRES, according to the plat on file in the office of the Dakota County Recorder which lies northwesterly of the following described line: Commencing at the most northerly corner of said Lot 8; thence south 88 degrees 57 minutes 48 seconds East 125.00 feet, assumed bearing, along the north line of Lot 7, said TREFFLE ACRES; thence North 88 degrees 57 minutes 48 seconds West 25.14 feet; thence southwesterly 102.27 feet along a tangential curve, concave to the south, having a radius of 270.00 feet and a central angle of 21 degrees 42 minutes 09 seconds to a point on the east line of said Lot 8 and the point of beginning of the line to be described; thence continuing southwesterly 56.68 feet along said curve having a radius of 270.00 feet and a central angle of 12 degrees 01 minutes 42 seconds; thence South 57 degrees 18 minutes 21 seconds West, on a line parallel with Skyline Drive 534.06 feet to the west line of said Lot 10 distant 12.02 feet south of the northwest corner of said Lot 10 and said line there terminating. Page 1 of 3 EY,PL/ N, OR REPORT AS PREPAREC NOTE: '40 boundary survey work was performed as to the precise I IfEREBY CERTIFY THATTHIS SURVN ANDTM BYMEORUNDERMYDIRECTSUP EVtS OF TI ESTATE DF MINNESOTA ;ocalion of this tract. LANDSU YORUND sy G. 0.1 9 AT ; I DATE DANIEL R. M[GIBBON REG.NO. I8883 Exhibit A A permanent easement for storm sewer and drainage purposes over, under and across that part of Lots 9 and 10, TREFFLE ACRES, according to the plat on file in the Office of the Dakota County Recorder described as follows: Commencing at the northwest corner said Lot 10; thence north 57 degrees 18 minutes 21 seconds East, assumed bearing, along the northwest line thereof 82.00 feet to the point of beginning; thence South 57 degrees 18 minutes 21 seconds West along said northwest line, 25.00 feet; thence South 32 degrees 41 minutes 39 seconds East 100.00 feet; thence North 57 degrees 18 minutes 21 seconds East 40.00 feet; thence North 63 degrees 39 minutes 29 seconds West 29.15 feet to its intersection with a line which bears South 32 degrees 41 minutes 39 seconds East from the point of beginning; thence North 32 degrees 41 minutes 39 seconds West 75.00 feet to the point of beginning. And a 15.00 temporary construction easement over, under and across that part of said Lots 9 and 10 which lies southwesterly and northeasterly of and adjacent to the above described permanent easement. ; Together with a permanent easement for ponding and flowage purposes over, under and across that part of said Lots 8, 9 and 10 described as follows: Commencing at the northwest corner of said Lot 10; thence South 00 degrees 58 minutes 29 seconds West, assumed bearing, along the west line of said Lot 10 a distance of 120.16 feet to the point of beginning of the part to be described; thence North 57 degrees 18 minutes 21 seconds East, along a line parallel with the northwesterly line of said Lots 8, 9 and 10, a distance of 355.00 feet; thence South 20 degrees 18 minutes 21 seconds West 178.00 feet; thence South 00 degrees 58 minutes 29 seconds West 120.00 feet; thence South 50 degrees 30 minutes 21 seconds West 94.02 feet; thence North 88 degrees 57 minutes 48 seconds West 165.00 feet to a point on the west line of said Lot 10; thence North 00 degrees 58 minutes 29 seconds East 152.00 feet to the point of beginning. Page 2 of 3 Exhibit A nd across. under a easement for utility purposes over, corner Together with a permanent at the most northerly d as CO?uencng l that part of said Lot 8 describe northwesterly lot line 92.00 e to said thence southwesterly along the ht an9 of said Lot 8; deflecting to the left at a rig the part to be feet; thence southeasterly point of beginning of northwesterly line 10.00 feet to tihepextension of the last described line along at a right angle 60.00 feet; described; thence continuing southwesterly 00 feet; thence 10.00 feet; thence deflecting at a right angle, 10- thence oint of deflecting at a right angle 60.00 feet to the p deflecting northeasterly, beginning. under and ment for construction purposes over, under and Together with a temporary ease southeasterly 15.()o feet across that part of said Lot which hoc the above described permanent easement- adjacent to the southeasterly l square feet more or Said permanent roadway and utility easement contains 61065 less. t contains 600 square feet more or less. Said permanet utility easemen 563 square feet more or said permanent drainage easement contains 2, less. Said ponding easement contains 1.291 acres more or less. construction easement contains 3,600 square feet more or less. Said temporary i Said temporary easement expres December 31, 1990. page 3 of 3 Exhibit A , t., 'A • 3030 Harbor Lane, Suite 100 • Plymouth, Minnesota 55447. 612/553-0474 March 28, 1990 Mr. James R. Dorsey Leonard Street and Dienhard Suite 2300 150 South Fifth Street Minneapolis, MN 55402 Re: Salisbury/City of Eagan Dear Jim: Attached is a sketch which shows one of the ways the Salisbury Property could be developed. I have met with Bruce Allen of the City of Eagan Engineering Department to discuss this project. The following information is important: 1) Proposed 6.3 acre feet of storage 2) Proposed water elevation - 860.6 3) Proposed overflow (lowest street elevation) - 865.3 4) Existing lowest street elevation - 863.7 5) The City of Eagan should be requested to lower the street grades to around 863 elevation We have laid out a ten lot subdivision on Lots 8, 9, and 10 of the Salisbury property, which would leave the wooded areas on the westerly and northerly side intact, and still allow the required acre feet of storage. We have computed the grading quantities on site for this project and find that we are approximatley 4,000 cubic yards short of material on-site. We should request that the City would stockpile excess material on-site (5,000 to 10,000 cubic yards if available). We will discuss these items in detail on Friday. Sincerely, BLH DEVELOPMENT COMPANY Dickman C. Knutson President DCK:Ib Attachment i% vi I ` T8641 877 )_ ??' 1 •' .,? / x ;? /, '38 STATE OF MINNESOTA COUNTY OF DAKOTA ----------------------------------- City of Eagan, a Minnesota municipal corporation, Petitioner, V. Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. ----------------------------------- Case Type 2: Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C4-90-6278 STIPULATION OF SETTLEMENT This STIPULATION OF SETTLEMENT is made and entered into this day of December, 1991, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2"). b. The City has commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). C. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes $ 117.042 and the Order of Court, transfer of title and possession of the original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the.fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A (hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their 3 sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. 4. This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. Mac) L. Salisbury He en Hanson ali ury 4 By dal OQA* E. %1? VanOverbeke Its Clerk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this Ak day of December, 1991, before me, a Notary Public within and for said county, personally appeared Thomas A. Egan and E. J. VanOverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JENKINS NOTARY PUBLIC -MINNESOTA DAKOTA COUNTY Mr ow"MbM n G*m 7-2m Not 'Y Pu, is STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of December, 1991, by Mack L. Salisbury and Helen anson Salisbury, husband and wife. THOMAS R. SHERMAN NOTARY PUBLIC - MINNESOTA M HENNEPIN elon 00m COUNTY ary Publi AS TO FORM: City Attorney's Dated: APPROVED AS TO CONTENT: Public Works Department Dated: ?J2->/-1/ THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth Street Minneapolis, MN 55402 (335-1500) JRD A permanent easement for storm sewer and drainage purposes over, under, and across that part of Lots 9 and 10, TREFFLE ACRES, according to the plat on file in the Office of the Dakota County Recorder described as follows: Commencing at the northwest corner said Lot 10; thence North 57 degrees 18 minutes 21 seconds East, assumed bearing, along the northwest line thereof 82.00 feet to the point of beginning; thence South-57 degrees 18 minutes.21 seconds West along said northwest line, 25.00 feet; thence South 32 degrees 41 minutes 39 seconds East 100.00 feet; thence North 57 degrees 18 minutes 21 seconds East 40.00 feet; thence North 63 .degrees 39 minutes 29 seconds West 29.15 feet to its intersection with a line which bears South 32 degrees 41 minutes 39 seconds East from the point of beginning; thence North 32 degrees 41 minutes 39 seconds West 75.00 feet to the point of beginning. Together with a permanent easement for ponding and flowage purposes over, under and across that part of said Lots Be 9 and 10 described as follows: Commencing at the northwest corner of said Lot 10; thence South 00 degrees 58 minutes 29 seconds West, assumed bearing, along the west line of said Lot 10 a distance of 120.16 feet to the point of beginning of the part to be described; thence North 57 degrees 18 minutes 21 seconds East, along a line parallel with the northwesterly line of said lots 89 9 and 309 a distance of 355.00 feet; thence South 20 degrees 18 minutes 21 seconds West 178.00 feet; thence South 00 degrees 58 minutes 29 seconds West 120.00 feet; thence South 50 degrees 30 minutes 21 seconds West 94.02 feet; thence North 88 degrees 57 minutes 48 seconds West 165.00 feet to a point on the west line of said Lot 10; thence North 00 degrees 58.minutes 29 seconds East 152.00 feet to the point of beginning. Exhibit A X04 %O ?AZ2 I-?? situ of eacian 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE (612) 454-8100 FAX (612) 454-8363 December 18, 1991 MR MIKE DOUGHERTY SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: Stipulation of Settlement - Easement,Condemnation 'Lots,B, 91 30 &113, Treffle Acres -? Stipulation of Settlement - Assessment Appeal Parcel 10-77250-100-00 i Parcel 10-77250-130-00 Dear Mike: THOMAS EGAN Mayor DAVID K GUSTAFSON PAMELA MCCREA TIM PAWLENTY THEODORE WACHTER Coumd Members THOMAS HEDGES Crty Administrator EUGENE VAN OVERSEKE city clerk Enclosed please find seven copies of the Stipulation of Settlement pertaining to the easement condemnation, and six copies of the Stipulation of Settlement for the assessment appeal. We retained one copy of the assessment appeal agreement for our files. When the Stipulation of Settlement for the easement condemnation is fully executed, please return one copy to the City. Thanks for your assistance in this matter. /jmj Enclosure THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer          úø û ú þýý  üûúûøú     ÷ýý ú ù÷ì ãøëëü ÿÿã ã ýü þýõ  ôóüòüðü ø÷ö ôø÷öôóüòüÞóòßö ê üöñ ü ðü í ö ÷ ï   êöìêüê üêü ùêüèë  óóö üú ëë ê   ý üöèð ëë üö ëü  è ð ùêü  ù÷ óü ë ê÷êüè  üîåäåþþè þèþ ô÷     üæ  åè âèãâ æ  úè  óñ õ ðï öö  ßó üàð üù ÷ âãð ÿ ÷ß ßüìáÞ û áÞ ã é çãÿÿÿ ù÷ ó   ì ü öö  ü  ëê ü  êö÷ó  öö ù   ëáü    ü ð÷ëû í üè öö òê    üü ÷