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1215 Yankee Doodle Rd INSPECTIDN RECORD CITY OF EAGAN PERMIT TYPE: 3830 Pilot Knob Road Permit Number. Ea an, Minnesota 55122-1897 ~ ~ 9 Date Issued: (612) 681-4675 SITE ADDRESS: APPLICANT: rANxvr- 1?nnnt t~ 1411 r M; 11 , 1`41... A t ~ 4'. i i,.; I PERMIT SUBTYPE: TYPE OF WORK: ~-i i ~ i rtr.,f . i:ti r~~~~ i• ~r t~t ~ i • i ~ ~ , ~~:~~~~i , ,~,i r; ~ INSPECTION D. . .A , e rff,; F L ~ Parmit No. Permk Holder Date Teiephona N ELECTRIC PLUMBING HVAC Inspection Date Insp. Comments FOOTI NGS FOUND FRAMING ROOFING ROUGH PLUMBING PLBG AIR TEST ROUGH HEATING GAS SVC TEST INSUL GYP BOARD FIREPLACE FIREPLACE AIR TEST FINAL PLBG FINAL HTG ORSAT TEST BLDG FINAL BSMT R.1. BSMT FINAL DECK FTG DFCK FIn!nL I ----i PERMIT czo s~ 79S' ---~("CITY OF EAGAN 3830 Pilot Knob Road PERMIT TYPE: a u iLo z N G Eagan, Minnesota 55122-1897 Perm it Number: 0 2 7 5 5 8 (612) 681-4675 Date Issued: 0 5/ 15 / 9 6 SITE ADDRESS: . 1215 YANKEE DOODLE RD LOT: 1 BLOCK: 77 SECTION 10 P.I.N.: 10-01000-010-77 DESCRIPTION: (FARMHOUSE & BARNS) Bui d `Lj_ Permit Type MISCELI.ANE0U5 jdBuiidYnq '~1ork Type DEMOLISH Cerrsu3 Cade ~ 645 DEMO 1-PAM. f • ~r'ft f r ~t A* REMARKS: FEE SUMMARY: Base Fee $25.00 Surcharge $.50 Total Fee $25.50 CONTRACTOR: - applicant - OWNER: KAMISN & SONS, A 24511381 OPUS 6010 E CONCORD P 0 BOX 150 INVER GROVE H7S MN 55075 MINNEAPOIIS MN 55440 (612) 451-1381 (612)936-4442 I hereby aoknowledge that T have read' this applieation end state that the information is correct and agree to comply w5:th all applicabl:e State of Mn. Statutiea anei'tifyof'Eagan Qrd3nances. L APPLICANT/PERMITEE SIGNATURE -ISSUED BV: IG TURET~- CITY OF EAGAN 1996 BUILDING PERMIT APPLICATIpN (COMMERCIAL) 681-4675 The tollowing are required with approprlate cerlificaNon for atl p= construction: . 2 each: erchkedural plans; mech. & elec. plans; flre sprinkler plans; atructural plens; s8e plans; landscaping plans; gredingldrainagelerosion control plan; ufility plan ~ 1 each: set of speaficatbns; set of energy pkulations; eledrical power 8 IigMing fortn; Special Inspedions & TesUng Schedule ~ LeUer irom MC/WS (phone #222-6423) Indicating SAC detertninatian ~ Code analysis indiwting: Codes used; occupancy classlfications; setbadcs; maximum allowable erea as per Buildlnp and Ciry Codes along with sq. 1L per floor, type of construdion (synopsis oi mnsWction componeMS) 8 any occupancy or area separation walis; ocwpancy loads; exit synopsfs wkh a diagrem indicating exiting loads from each room or area, travel paths & all reted corridors; plumbing fuRUres; and parking. uR~+o~~TiO~ DATE: ?1'1 ~H J`I / S 9 G WORK TYPE: DESCRIPTION OF WORK: ^-L.'o CONSTRUCTION COST: TENANT NAME: SITE ADDRESS: ~s..- f LOT BLOCK ~ SUBD. JVI ~ P.I.D. # PROPERTY Name: D P4 C Phone OWNER Street Address• 'pLj'o City: n 4k, State: ~ Zip: 14 CONTRACTOR Company: aems Phone Street Address, Gal b City: w+ ti. Zip: SSe'~7 ARCHITECT! Company: Phone #ENGINEER Name: Registration M Street Address* City: State: Zip: Sewer & water licensed plumber: I hereby acknowledge that I have read this application and state that the information is corcect and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Signature of Applicant: y^c 1346372 CITY OF EAGAN DAICOTA COOIdTY, MINNESOTA RELEASE OF CSRTIFIED LISTII3G OF POSTPONED SYECIAI, ASSESSMENTS PROJECT NO. THIS RELEASE is dated, made and entered into this 21st day of March , 19 96, by and between the City "of Eaqan (hereinafter "City"), and Robert J and Grace O'Neil , (hereinafter "Owner"); WIIEREAS, the City and the Owner entered into an aqreement to postpone special assessments under City Project No. ; and WHEREAS, on the 12th day of Julv , 1984, a Certified Listing of Postponed Special Assessments, dated the 27th day of June , 1984 , was recorded by the City as Document No. 659689 , with the Dakota County Recorder in accordance with Minnesota Statute §429.061, subd. 2, against the following property: Legal Description: Section 10 Ttan 27 Range 23 S 1/2 of SE Ex N 208.72 Ft of E 264 Ft & Ex S 165 Ft of N 703.72 Ft of E 264 Ft & Ec S 165 Ft of N 373.72 Ft of E 264 Ft Dakota County Identification No.: 10 01000 010 77 NOW THEREFORE, the City hereby releases the Agreement to Postpone Special Assessments against the Owner's above-described property. DATEu: May 6, 1996 CS ' L~ :AGA2d By: Thomas A. E Cer ificat Its: Mayor I, E J VanOverbeke, City Clerk of the City ag , do eby rt y that the foregoing is a tnze and correci cony. B} . J. VanOverbeke It : City Clerk 1346372 OFFICE OF THE COUNTY RECORDER DAKOTA COUNTY, MINNESOTA CERTIFIED THATTHE WITHIN INSTRUMENT WAS RECORDED IN THIS OFFICE ON ANO AT ~i~ i -.3,~ v3~ i:„'f iL J u0 h11 1346372 DOC. NO. JAMES N. DOLAN, COUNTY RECORDER gy; z2d~ Deputy FEE SUFCHARGE CASH ? CHECK? ESGROW ? " WELL? CHARGE ;r CHARGETOt C C qS" 2 FEFUND DO NOT REMOVE ~ U 10l06/1994 11:45 6124378876 DCA PAGE 02 AND 7f16 MObia e.~.a.ar A'woR tm .IM 1M weIlpan !u ~w.. Waulpo. l* w/ 1M PrlNbd r. N nw n~Mw ~p~d~p. 10 MI AII 1ux A" uMwww ~ dw ne 0" ery bwfttNw Miem pm yNm ~L Mt 1N bl~ Iw1Y" fMpr uYeMi IhmMM m MM u1 IaIWaO w14 qulw IwmN b emq b Ib MNnp~ Mo411r b M fw N IsN qM Wa w~s.w.? w.. b.ww.~w tx r w.u ia m..r._.._...__.,.l.013..{AUKtaWo.YAJs+t..._ W M~NfMr Y MN ~rnpt« W dkiN rw rmN Urn~ .IN A~qn dwr Nt~dsO 4 hNr d e'C ~ 77 q1 Nq A7 .Ip -20 9 34 AH'91 ~ AAM IL--~-,~ FUA ILM ~ ~ pmpjo ~ s ,~.2.. : . ~ea~ssa~r ~aase~r tneo p~tw•n RoB R-96o ~ 6~24~876 10-06-94 11:44AM P002 #18 C I T Y O F E A G A N CERTIFIED LISTING OF POSTPONED SPECIAL ASSESSMENTS LEGAL DESCRIPTION: Section 10 Twn 27 Range 23 Sk of SE Ex N 208.72 Ft of ~ E 264 Ft & Ex S 165 Ft of N 703.72 Ft of E 264 Ft & Ex S 165 Ft of N 373_72 Ft of E 264 Ft COUNTY ZDENTIFICATION NUMBER:10 01000 010 77 POSTPONED SPECIAL ASSESSMENT: Water Area Assessment Pursuant to M_S.A. 429.061, Subd. 2, as amended by the 1980 Session Laws, Chapter 560, Section 5, I hereby certify that the City of Eagan has approved the postponement of the special assessments as set forth above on the property described. Dated this ~ day of Ay ti Q 1984 EXEMPT FROM STATE DEED TAX STAMPS EXe pt from State Deed TaX This Document Drafted By: City Of Edgan Oakota Couaty Trea c 3830 Pilot Knob Road Eagan, MN 55122 n4 rei 4 iq . anOverbe e Cit. Clerk/Finance Director Certificate .x,;,ya'nOverbeke, City Clerk of the Cit of Eagan, do Hereby ce%tifX~tha~'.the foregoing is a true n co r t co - E. anOverbeke, City Cler ;'r c ~ STATE OF h71NNESOTAJ County of Dalcota ss. Ctfice af i;ounty Recorder This i, 0 certify Zhat tha within ins+.ru . e ,4 .v2s'l~ci ior r^coro9 i.ry, thiS • tfic-di H 2i-t;;5; ~~n da9 ~ a 1 ~c(cc'~ e;.c? ;h._,i ihe same wa; c; iy reearce"I in Ja%oia County F,ecord;. JA ES N. DQ,1,4td Cou, • Recorder By Deputy , ' 4b"""dtV oF ecigan THOMASEGAN Mqyoi NOVEMBER 8, 1994 PATRICIA AWADA , SHAWN HUNTER SANDRA A. MASIN M[CHELLE FOSTER THEODORE WACHiER REAL ESTATE DIRECTOR Councll Mambers ,C/O OPUS CORPORATION THOMAS HEDGES ~ 800 OPUS CENTE3t City Atlministralor 9900 BRP-N ROAD EAST MINNEAPOLIS, MN 55343 City Cle kN OVERBEY,E RE: DEVELOPMENT FINANCIAL ORLIGATIONS - O'NEILL PROPERII' (SECTION 10) PARCELS 010-56, 010-76, AND 010-77 Dear Michelle: In response to your request, lhe City has performcd a brief analysis of what additional development/financial obligations would be required with the subdivision in plat[ing of the above referenced property. This was based on lhe prcmise that the east 15 acres would develop as multiple residential with the remainder being developed . as a retail commercial proposal. The attached matrix shows information based on the city's 1994 Fee Schedule. ]f you would like further clarification of this informalion, please feel free [o con[act Mc Jerry Wobschall, Special Financial Consultan[, at 681-4674 at your convenience. As a special note, if the enlire property were to develop in a commercial zoning, the. devclopment/financial obligation would increase to $906,906. Correspondingly, if more than 15 acres are proposed for multiple residential, the $84£5,313 would be reduced accordingly. Because of the amount of time and research involved in providing this information, it would not be practical to do this for numerous differcnt scenarios. Once a development/zoning proposaf has been submi[ted [or city approval, we will revise and update this analysis based on the most current rates in efCect and the areas contained wi[hin the application submit[al. I hope lhis inCormation responds to your needs. Sincerel ZL, ~ homas ' . Colber Director of Pablic Works TC/nab Attachment cc: Peggy Reicher[, Director of Community Development Direc[or Jerry Wobschall, Special Financial Consultant Mike Foertsch, Assislan[ Cily Engineer 156fosfe,.312 MUNICIPAL CENiER iliE IONE OAK TREE MAINTENANCE FACILITY 3830 PILOi KNOB ROAD iHE SVMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHM~N POINI EAGAN, MINNESOTA 55122-1897 EAGAN. MINNESOIA 55122 FHONE: (612) 681-4600 PHONE: (612) 681-4300 FAX! (612) 681-4612 Equal OppoitunllylAfllimallve Actlon Employer FAX: (612) 681-4360 iDD: (612) 4548535 IODt (612) 454-8535 ' , O'NEILL PROPER'I'Y (Eest 15 Acre MF) llevelopment/Financial ObliEation Slorm Trunk Calculation C/I Area MF Area 010-76 $ 78,119 - 010-77 (914,760 SF x.8 x.093) - $ 68,058 010-77 (2,081,715 SF x.8 x.112) $ 18G,521 - 010-5G $ 52,382 - $ 317,022 E 69,058 Waler Trunk CalculaGon C/I Area MF Arca 010-76 $ 26,981 - 010-77 (914,7G0 SF x.8) @ 51685/Ac - $ 28,308 010-77 (2,081,715 SF x.8) @ $1685/Ac $ G4,420 - OLO-SG $ 25,289 - a 116,690 $ 28,308 ' WAC Calculalion C/I Area MF Arca 010-76 $ 42,593 - 010-77 (2,081,715 SF x.8) @ S2660/Ac $ 101,G96 - 010-56 $ 39,992 a 184,281 $ -0- Latcral Benefit Water CalculaGon C/1 Area MF Arca 010-77 1450 LC @ 527.10/1-F - $ 39,440 010-77 1740 LF @ $27.20/LF $ 47,328 - 010-56 880 LP @$27.?A/LF $ 23,936 - $ 71,264 $ 39,440 Laleral Benefit San. Sewer Calculalion C/I Area ME Area 010-77 900 LF @ S18.G0/L[ - $ 16,740 010-77 350 LF @ 518.60/1,17 $ G,510 - 'IOTAL $ 695,767 E 152,546 GRANU TOTAL , ~ :'Sd$313 ISDyaaer.317 . - l4 - p/OO0 ~ F7/0-S~ pio- 7'7 V M E M O R A N D U M TO: Tom Colbert, Public Works Director C.~ne VanOVerbeke, City Clerk and Finance Director FROM: Joe Earley, Assistant City Attorney DATE: January 29, 1991 RE: O'Neil v. City of Eagan Eagan City Project No. 461 Our File No. 206-5716 Enclosed herewith for your information please find a copy of Notice of Filing of Order and Entry of Judgment in connection with the above-referenced matter. If you have any questions or concerns regarding this, please feel free to contact me. JPE/djk r,\ Enclosure ~ • Gvll~' av ¢ . VJ. V fl'N c- A 1~ ~ ~S G~ r a A J NA~51 , ~ l v'~-~ G~ ,r C~7 p~ ,1o 1 , i ucf•iw 14-n1 , Wraw/X+p,L,trl'. Doc4k,p . • ~JOSIAH E BRILL, JR ATTY AT LAW 100 WASHINGTON SQUARE STATE OF MINNESOTA STE 1350 COUNTy OF _ nptcOTA L rirLS MN ssaoi NOTICE OF; - ~ JOSEPH PATRICK EARLEY ~FILINC3 OF ORDER ATTY AT LAW ' bOD MIDWAY NAT SANK BLDG . Et,fTRY OF JUDQfv{EW 7300 W 147TH ST ' L APPLE VALLEY MN 55124 O DOCKE7ING OF JUDC3MEtYT ' Court F71e No.; CX-90-6348 _ lN R E: ROBERT J. 0'NEILL ETAL VS CITY OF EAGAN ETC. r" YOO " h°teby noUlfod lhat on _ .en,itpRY 25TH 1fl 91 en Ordar v+w duly fllod In Iho abovo onfilled maltor. ~ lbu ere horoby nopnad Ihal on _ wae duiy antorod (n tho above ontlllod mattar, 91 ° Judpmon( ? 1'ou ae ho,ro6y noliflod lhnt on 1 B n Judqment waa duly dockelad In the abovo onUliod mnttor In Iho arnounl of ^ A Irvo and c.a/rect copyo(lhla Nolloe hae baon eervod by {Yin11 upon Iho partloa namod heroln al lha Isal known nddrwa of anch, purnuunl (o Mlnnoaoln Ruloa o( Clvll Procoduro, Rula 77,04, Dalod_,IANUARY 25TH 1991 Rn['FR W SAMES ' Court Adminlalmlor bY X Doputy - couR; ftiW01NisrR,aTOR DAXOTlI Cnt_l;JTy, ~?:NN. ~ ~ 3 r .iAiV 2 5 1991 R4GE!3 SNlVis:y. CLERK . , tDEPUTY couRi FloMiNisrR,tiroR O;,KOI'.4 rnl m,rY, fv!lNN. r~„ I f. r ~~l STATE OF MINNESOTA JIIN ~ DISTRICT COURT COUNTY OF DAKOTA t'•uu=:s C:. z~!;:gn5, C!_'WIRST JUDICIAL DISTRICT ~ L_46~NPUfICASE TYPE: SPECIAL ASSESSMENT APPEAL Robert J. O'Neil and Grace O'Neil, husband COURT FILE NO.: CX-90-6348 and wife, Appellants, FINDINGS OF FACT AND v. ORDER FOR JUDGMENT and City of Eagan, a JUDGMENT municipal corporation, Respondent. The above-entitled matter came before the above-named Court pursuant to the Stipulation for Settlement of the parties hereto. Upon all the files, records and groceedings herein and based upon said Stipulation for Settlement of the parties herein, the Court makes the following FINDINGB OF FACT 1. Appellants; Robert J. 0'Neil and Grace O'Neil, are the fee otaners of two parcels of real property located in the City of Eagan, Dakota County, Minnesota, identified as Parcels 56 and 77, and legally described as follows: Parcel 56 The East two-thirds of the Southeast quarter of the Southwest quarter excepting beginning at the Southwest corner North 558.73 feet right 90 degrees 30 feet to the beginning continuing East 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet Page 2/FINDINGS OF FACT AND ORDER FOR JUDGMENT City of Eaqan/0'Neil to the beginning except 75/100ths acre contained in Parcel 65 of the State Trunk Highway Right-of-Way Plat No. 19-44, Section 10, Township 27, Range 23, Dakota County, Minnesota. Parcel 77 The South half of the Southeast quarter except the North 208.73 feet of the East 264 feet and except the South 165 feet of North 703.72 feet of the East 264 feet and except the South 165 feet of the North 373.72 feet of the East 264 feet of Section 10, Township 27, Range 23, Dakota County, Minnesota. 2. Pursuant to Minn. Stat. Sec. 429.081, the City of Eagan adopted assessments against said parcels, for Public Improvement Project No. 461 for water and sanitary sewer service, storm sewer lateral, street and trail improvements, in the following amounts: (a) against Parcel 77 in the amount of $336,227.47; and (b) against Parcel 56 in the amount of $98,242.40. 3. The parties have entered into a Stipulation for Settlement wherein the City of Eagan has agreed to reassess Parcel 56 in the amount of $72,583.14 and Parcel 77 in the amount of $248,410.54. ORDER FOR JUDGMENT 1. The City of Eagan is hereby ordered to set aside the assessments for Public Improvement Project No. 461, for water and sanitary sewer service, storm sewer lateral, street and trail improvements against Parcels 56 and 77. Page 3/FINDINGS OF FACT AND ORDER FOR JUDGMENT City of EaganJO'Neil 2. The City of Eaqan is hereby ordered to reassess said parcels for Project 461, in accordance with Minn. Stat. 429 in the amount of $72,583.14 for Parcel 56 and $248,410.54 for Parcel 77. 3. Each of the parties hereto shall be responsible for their own costs, disbursements and attorneys fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: dr o JT~-• 1990. BY THE COURT: w~.- #Zge of ist £'Court MA IN . MANSUR JIIDGMENT I hereby certify that the above Order constitutes the Judgment of the Court. Date: January 25th 1991 ROGER W. SAMES Court Administrator Seal ~J ( q ~Y TSCI I{~ 0 tO~r /~l LL( Sl~Jz~ Deputy Clerk SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 01/30/1991 PROPERTY ID: 10-01000-010-77 SEE COMMENTS S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100122 SAN SW TRK 1969 25 8.0000 13815.00 552.60 1657.80 100277 STM SW TRK 1974 15 8.0000 640.00 0.00 0.00 CL 100318 STREETS 1975 10 8.0000 2940.00 0.00 0.00 CL 102150 WSSVC 461 1990 10 9.0000 40794.90 4079.49 36715.41 102151 SS 461 1990 10 9.0000 24848.05 2484.80 22363.25 102152 ST 461 1990 10 9.0000 156732.50 15673.25 141059.25 102153 TRL 461 1990 10 9.0000 27435.83 2743.58 24692.25 P99999 POSTPONED ASSESSMENT 0000 10 0.0000 0.00 0.00 PN SUNIIMARY OF LEVIED 263626.28 25533.72 226487.96 1991 P&I CERTIFIED 50067.16 SUMMARY OF DEFERRED 0.00 0.00 0.00 SUNII4ARY OF PENDING 0.00 0.00 0.00 SUMMARY OF CLOSED 3580.00 Press ENTER; or F1, F4, F5, F7, FS oo- 7 ~ n LAW OFFICES PETE[tSEN, TEWS SCLCIIRES SUITE 6WNOFWEST CENTER SUITE 915CARGILL BUILDING 55 EAST FIFfH STREET 110 SOUTH SEVENTN STREET ST.PAUI.MINNE50TA55101-0?]5 PAOFe55iONwL ns50Gq*ION MINNEAPOLIS.MINNESOTA556022306 TELEPHONE (612) 2914611 TELEPHONE (612) 344-1600 TELECOPIER (612) 22230e0 TELECOPIER (612) 304-1650 ' TELEX 910563364 INTER LAW STP GERALD S. DUFFY REPIYTOST.PAl1L ` ) ~ October 7, 1987 ,L OL VL ~ Mr. Eugene VanOverbeke City Clerk (,R.J` 4 City of Eagan Q ~~,01 3830 Pilot Knob Road l~ Eagan, Minnesota ` \1 Re: Notice of Appeal Robert J. O'Neil and Grace O'Neil v. City of Eagan Our File No. 3026-02 Enclosed herewith and served upon you please find Notice of Appeal " with re5ard to the above-referenced matter. . ~O Very truly yours, • g,5 ~ PETERSEN, TEWS & SQUIRES ~O PROFESSIONAL ASSOCIATION Julie A. Hoss t~ n Secretary to Gerald S. Duffy ~v :jah ~ Enclosure cc: Mr. Paul Hauge Mr. and Mrs. Robert J. O'Neil I'''~~,~/// y~ Q vSl") ,0 a • . ~ OTHER CIVIL STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT * ~ * * * ,r * * * * * * * ~ * * * * * ~ Robert J. 0'Neil and Grace O'Neil, Appellants, Vs. NOTICE OF APPEAL City of Eagan, Respondent. * * * * * * * * * * * * ~ * * * * * * T0: CLERK OF THE ABOVE NAMED COURT, THE CITY OF EAGAN AND ITS ATTORNEY PAUL H. HAUGE, HAUGE, EIDE & KELLER, P.A., TOWNE CENTER PROFESSIONAL BLDG., SUITE 200, 1260 YANKEE DOODLE ROAD, EAGAN, MINNESOTA 55123. PLEASE TAKE NOTICE that pursuant to Minnesota Statutes ~ Section 429.081, Appellants hereby,appeal to the District Court of Dakota County,from the adoption on September 15, 1987, of an assessment against Parcel Nos. 10-0-1000-010-77-1-and 10-0-10007A10.-76-1 legally described as follows: Sectionyl0 Township 27 Range 23 South 1/2'of the Southeast quarter except North 208.72 feet of ;;East 264,feet and-except South 165 feet of North 703.72 feet of East 264 feet and except South 165 _ feet of North 373.72 feet of the East 264 feet. _,;,,_L:Pection 10 Township 27 Range 23 South 1/2 of Northwest quarter of Southeast quarter. 1 ,-.T.he,assessment:;_hexpin appealed is for Public Improvement Project No. 443, streets and storm sewers. 2. The assessments against the parcels above described total $115,064.64 and $42,547.16 respectively. u 3. That the assessments as adopted tiy the City Council of t Eagan on September 15, 1987, are contrary to and in violation of the substantive and procedural rights of Appellants and the following Constitutional, statutory and ordinance provisions: 3.1 United States Constitution, Amendment XIV; 3.2 Minnesota Constitution, Art. 1, Sec. 7; 3.3 Minnesota Constitution Art. 10, Sec. 1; 3.4 Minnesota Statutes, Section 429; 3.5 City of Eaqan Ordinances, Resolution and policies regarding Special Assessments. 4. That more specifically the grounds for Appellants' appeal in this matter are as follows: 4.1 Appellants' property is not benefitted to the extent ; of said assessment. 4.2 The criteria and method used to determine the assessments upon Appellants' property are not a proper one for the imposition of a special assessment, are not in accord with Constitutional, Statutory or municipal assessment policy requirements and are, therefore, arbitrary and capricious and, thus, deprive Appellants of their property without due process of law, contrary to the requirements of the United States Constitution and the Minnesota Constitution. 4.3 The total costs of the improvements in Project No. 443 were not proportionately distributed among all property owners benefitted by the said improvements. ' ~ -2- ~ . 4.4 The improvements in Project'No. 443 are excessive in scope and are designed to favor other land owners whose storm water will be deposited on Appellant's property so that the other land owners will have the opportunity to develop more of their land at Appellants' expense. 5. Appellants did, prior to the assessment hearinq on September 15, 1987, object in writing to the above assessment. WHEREFORE, Appellant asks this Court to set aside the above described assessment against Appellants' property, to order a reassessment in accordance with Minn. Stat., Chapter 429 and for a judgment in favor of Appellant for its damages together with all of Appellants' costs and disbursements including reasonable attorney's fees. ~ - Dated this ~ day of 0G740-~ , 1987. ..k PETERSEN, TEWS & SQUIRES . PROFESSIONAL ASSOCIATION . _ _ . _ . _ ~ . sx GERALD S. DUFFY L~ . ' _,Attorney..Reg.-No,..24703 „ Attorneys for Appellants Sui.te 600 -:NOrwest'Center .:..._55 East Fifth Street S.b:: Pau1;;:rMinnesota :551A1-1-775 _ _ (612) 291-1611 ti . 4z_. , ..~iitt._ _ CERTTFICATION The undersigned acknowledqes on behalf of the Appellants that costs, dishursements, reasonable attorneys' fees and witness fees may be awarded pursuant to Minn. Stat. §549.21 Subd. 2. PETERSEN, TEWS & SQUIRES PROFESSIONAL ASSOCIATION BY: GG! ' 0348F/100687 i =4- F c CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project # 461 On November 15, 1988 the Eagan City Council approved and adopted the listed special assessment against the following described property: 10 01000 010 77 ROBERT J and GRACE M ONEIL 2040 EDGCUMBE RD ST PAUL MN 55116 The special assessments are: TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT S A# PRINCIPAL PRiNC2Pp7. INTEREST 2NSTALLMENTS Service - Water and Sanitary Sewer 1907 47,314.63 4,731.46 8,871.49 13,602.95 Storm Sewer Lateral 1808 56,456.03 5,645.60 10,585.51 16,231.11 Street 1809 201,271.32 20,127.13 37,738.37 57,865.50 Trail 1810 31,185.49 3,118.55 5,847.28 8,965.83 This notice reflects the assessments calculatedat the commercial-industrial rate. TOTAL $336,227.47 You may pay any portion of [hese special assessments wlthin thirty (30) days, specifically on or before the 15th day of December, 1988, without interest at the Eagan Municipal Center. After December 15, 1988, any prepayment made prior to OctobeY 15, 1989 will include interest to December 31 1989; after October 15, 1989 the first yenr's installment cannot be prepaid and includes interest from November 15, 1988, to December 31, 1989, Any unpaid portion will be collected in unnual installmants of principal and interest for the nextlOYEARS on your future property tax statements which will be issued through the Dakota Coun[y Auditor's office. The annual installments include interest at tha rate of 9 PER CENT per year on the unpaid balance. The proposed assessment roll is on file with tha CiCy Clflrk. The assessments related to this project total $624,842 and the area is as follows: Lot 1 Block 1, Towne Centre 70 Third Addition; Lot 1 Block 1, Towne Centra 70 Fourth Addition; Lot 1 Block 1 Towne Centre 70 Seventh Addition; Lot 1 Block 1 Towne Centre 70 Fifth Addtion; Lots 1 and 2 Block 1 and Outlot A Towne Contre 100 Second Additlon; Lot 1 Block 1 and 1 Outlots G and E Tovne Centre 100 First Addtion; Lot 1 Block 1 and Outlot A Towne Centre 100 Third Addition and tha Southeast Quarter of the Southwest Quarter and the South Half of the Southeast Quarter of Section 10 and the Southwest Quarter ot the Southwest Quarter of Section 11, all in Township 27 Range 23, Dakota County, Minnesota. Notice,.of Special Assessment Page - 2 - , . ~ . Written or oral objections will be considered; no aoneal may be taken as to the amount of any assessment unless a siened written obiection is filed with the Clerk prior to the hearing or vresented to the nresidinQ of£icer at the hearin 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. P ease note that vou will receive additional notice on this matter onlv if the amount due is amended. If you have any questions about this statement, please call Special Assessments at the City of Eagan (454-5100). City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 ~ . T,:, • - ~•.,r WitV oF eagan 3830 PILOT KNOB ROAD. P.O. BOX 21799 BFA BLOM9UIST EAGAN, MINNESOTA 55121 . rotQyor PHONE: (612) 454-8100 7l10MA5 EGAN - JMES A Stv1rtH VIC ELLISpN 1HEODOREWACMER Counql Mambers tHOnnns Heoces cinaeminknoror EUGENE VAN OVERBEKE Cily Gerk August 27, 1986 ROBERT J& GRACE M ONEIL 2040 Edgecumbe Rd St. Paul MN 55116 RE: Project 443 - As a result of the Eagan City Council's action at the final assessmen[ hearing for Project 443 August 19, 1986, the following parcels' final assessments were not adopted, but were continued indefinitely to be reconsidered at a later date based on the written objections submitted for a future appeal. Parcel 10-01000 010,76 'Parce1~10-0Yb00=d10-77 ~ l Sincerely, _ E. J. VanOverbeke Finance Director/City Clerk dk THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN . . ~ ~ ity oF eegcin 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOM9UIST EAGAN, MINNESOTA 55121 M~ PHONE: (612) 454-8100 THOMAS EGAN JAMES A SMITH JERRV THOMAS . THEODORE WACHTER January 21, 1985 caw°Ma~rs THOMAS HEDGES CiN Atlmirisfrator EUGENE VAN OVERBEKE Ciry Clerk Mr. Robert J. 0'Neil 2040 Edgcumbe Road St. Paul Mn 55116 Re: Parcel 10-01000-010-56 Parcel 10-01000-010-76 ' Parc.eL1.0_01.0.0-0-010=77 _ Acquisition of Ponding Easeiiients Dear Mr. O'Neil: I appreciated the time you took on Thursday, January 4th, to discuss with me the future needs for storm sewer ponding area within the 130 acres incorporated by the above referenced parcels. As you are aware, the City of Eagan is rapidly developing in the near vicinity of your property located north of Yankee Doodle Rd. between I-35E and Lexington Av. Sased on past, present and anticipated future development, it is expected that the City of Eagan will need approximately 10 or acres of ponding easement at two different locations within your property. At your request, we have prepared a topographic layout showing the location and storage volumes of the two ponding areas and forwarded that information directly to Bill Price of Suburban Engineering per the request of John Klein, who was also in attend- ance at our initial meeting. I would be more than happy to work directly with you, John Klein or Bill Price, as appropriate, to try and determine the appropriate configuration and location of the City's required ponding easements to minimize any impact on the future development of your property. I would appreciate your close and continued cooperation throuqh this process. This will enable me to be well informed of your concerns and desires to ittsure that they are taken into considera- tion in any ultimate easement descriptions. Again, I thank you for your time, patience and cooperation in this first step of the negotiation process associated with this THE LONE OAK TREE...THE SYMBOI OF STRENGTH AND GROWfH IN OUR COMMUNIIY ~ Robert J. O'Neil Acquisition of Ponding Easements January 21, 1985 Page 2. ponding and utility easement acquisition. I would hope that you would impress upon all individuals representing your concerns to work closely with the City in the shortest timeframe possible. Your cooperation will be appreciated. I look forward to further discussions with you in the near future pertaining to this issue_ Please contact me at any time if you have any concerns or questions and I will be happy to respond. Sincerely, /~c~-~la~a-~/f omas A. Colbert, P.E. . Director of Public Works TAC:jbd - cc: John Klein Bill Price, Suburban Engineering Bob.Rosene, Consulting City Engineer I 1988 SPECIAL ASSESSNENT OB.TECTIONS (Continued) FINAL ASSMT TYPS OF APPRAISAL VALUE pwmm &PR~ HEARING IMPROVEMF.NT AMOUNT OF B@iEFITS STATUS/ACTION 88-11George Doerfler 505 9-6-88 Storm Sewer $ 10,006.99 $ 10,007.00 4180 Dodd Rd. cont. to Trunk Eagan MN 55123 9-19-88 #10-02400-010-60 88-12James Mayer 505 9-6-88 Storm Sewer $ 7,132.82 $ 7,133.00 4150 Dodd Road cont, to Trunk Eagan PIIV 55123 9-19-88 #10-02400-011-59 88-13 Lawrence Oldenburg 505 9-6-88 a) Storm Sewer a)$ 2,623.50 625 County Rd. 30 cont. to b) Water Trunk b)$ 3,250.00 Eagan MN 55123 9-19-88 c) Service-Water c)$ 278.38 #10-02400-020-60 d) Lat. Benefit d)$ 3,952.99 Water Trunk TOTAL $ 10,104.87 $ 10,105.00 88-14 Robert J. 0'Neil 461 11-15-88 a) Street a)$201,271.32 2040 Edgecumbe Rd. Yankee Doodle Rd. 2-06-90 b) Trail b)$ 31,185.49 St. Paul MN 55116 c) Services c)$ 47,314.63 #10-01000-010-77 d) I.at. Storm d)$ 56,456.03 Sewer TOTAL $336,227.47 1987 SPECIAL ASSESSMII'1T OBJEGTIONS FINAL ASSMT TYPS OF APPBAISAL VAIAE owm & PRO# HEARING i![PR~V@~N'p A1~pm'7T OF BENEFITS STATQS/ACIION 87-1 Pat McCarthy 404 9-1-87 Lat. Benefit $ 6,551.26 1275 Deercaood Drive Lexington Ave. from Trunk Eagan PII`1 55123 Water Main Water Main #10-01500-013-76 1986 SPECIAL ASSESSKENT OBJECTIONS FINAL ASSMT TYPE OF APPRAISAL VALUE pum &~GpI, PROJ # HEARING IIiPROVEtffiNT A(iUUNT OF BSNEFITS STATOS/ACTION 86-1 Robert J. 0'Neil 443 8-19-86 Trunk Area $172,596.96 2040 Edgecumbe Rd. 0'Neil Pond 2-06-90 Storm Sewer St. Paul MN 55116 #10-01000-010-77 86-2 Robert J. 0'Neil 443 8-19-86 Trunk Area $ 50,219.57 2040 Edgecumbe Rd. 0'Neil Pond 2-06-90 Storm Sewer St. Paul MN 55116 #10-01000-010-76 I `~_p. _ ~ 3~-~ ~~C I~ _•~:~y t. ~ . . ~ 7 - v - - i i sw 1 . ~ 5 Q i% 1. ~ . 5 1- i z '::c E , ~FFR ~Q ~ . 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V ` v : w:::: , :t}$}::;`:?f:[:j?;.:;:j<:i~:2;[!:I'?'~iI4?:: ~:>::<•i> :«•}??>}:}i:^:.::• :<•>?i>:;::•>:>}:;:•.~: ~~1 m ~ :`•:`•i~•r: > I I . ~i4: i>•}}2C?::}5}:- it}}c:}:i>t i ::.:.L::'::: .V.:Y:::. ~ ~ ..1W ~ : . ~ : . ~ : : . . . 4 ~ 'II ~ : : ~ : . ~ : : : 2 rt ~ I o• # ~ :w: r ? ~ ~ :'•:<i;~: `..i'::.:;•`:.;:'•~~::~`: i~:~: i`i~i;~i~~ ~?>i.:•. i ~ d _ I ~ F . i r • t?'i;Fi~>}[~ ~i:?''t~Sic~::?'r}:~it~' ~'Ft~}}"t.ii[i:]'<j[; :.::.t>..+'] ~ . T e X ~ ~ YANKEa . . _ . _ . ~ - ~ , (T ity oF eagcan 3830 PILOT KNOB ROAD. P.O. BOX 21199 v1C ELLISON EAGAN, MINNESOTA 55121 h4wor PHONE: (612) 454-9100 iHONWS EGAN DAVID K. GUSTAFSON NOVEMBER 18, 1988 cnanEwnnccaFn 1HEOOORE WACHIER Co~il Members THOMAS HEDGES CiN mministrator MR. JIM SHELDON EUGENEVANOVERBEHE MCMENOMY & SEVERSON c~c~ P.O. BOX 24329 7300 W. 147TH ST. APPLE VALLEY, MN. 55124 RE: Project 461, Special Assessment Appeal Parcels #10-01000-010-77, #10-01000-010-56 (Robert O'Neil) Dear Jim: At the November 15th final assessment hearing for Project 461, the City Council approved the final assessment roll as presented and directed a certification to the County. However, the City was served with a formal Notice of Appeal to District Court by the attorney representing Robert and Grace O'Neil, owners of the property referenced above. I would like to receive your proposal on how to handle and process this formal appeal due to the fact that this was not remanded to the special assessment committee for further review. Your law firm will be retained to represent the City in this special assessment appeal. Therefore, Z would like to have you assume the responsibility of coordinating this appeal process ' through the judicial system in protecting the City's interest. Please let me know what information you will need pertaining to , the project design and/or costs to assist you in defending this appeal. If you have need for any other information, please feel free to contact me at your convenience. ' Sincerely, ~ Thomas A. Colbert, P.E. 3 Director of Public Works z ~ 3 ec: Thomas L. Hedges, City Administrator ~ Gene VanOverbeke, Director of Finance TAC/jf ~ d i ~ THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN , : ::'.i i .e.T ...v,:. . .~..a.. . - . . . . Y . ? fY /O-O/ODO -D/O _77 ~ c~ ,QS. STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: SPECIAL ASSESSMENT APPEAL Robert J. O'Neil and Grace O'Neil, husband COURT FILE NO.: C1-90-6349 and wife, Appellants, BTIPIILATION FOR BETTLElIENT v. City of Eagan, a municipal corporation, Respondent. RECITALS WHEREAS, Appellants' property, identified in Appellants' Notice of Appeal herein as Parcels 76 and 77, was assessed by the City of Eagan on February 6, 1990 for Public Improvement Project No. 443 for trunk storm sewer improvements; and WHEREAS, said assessments were in the amount of Fifty Thousand Two Hundred Nineteen and 57/100 ($50,219.57) Dollars for Parcel No. 10-01000-010-76 legally described as: The South half of the Northwest quarter of the Southeast quarter of Section 10, Township 27, Range 23, Dakota County, Minnesota. (Parcel 76) and One Hundred Seventy-Two Thousand Five Hundred Ninety-Six and 96/100 ($172,596.96) Dollars for Parcel No. 30-01000-010-77 legally described as: Page 3/STIPULATION FOR SETTLEMENT - City of Eagan/O'Neil - Parcels 76 and 77 3. It is understood and agreed by the parties hereto that the City of Eagan shall assess, and the Appellants and their successors in interest shall accept and waive any right to object to an assessment for, Parcels 76 and 77, at the City's then standard commercial/industrial rate for trunk storm sewer, at such time when the Appellants, or their successors in interest, have applied to the City of Eagan for final plat approval for the Property or any portion thereof. Upon said application of all or any part of the Property both parcels shall be assessed. 4. Upon the adoption of a resolution by the City Council of the City of Eagan, withdrawing and cancelling the assessment against said Parcels 76 and 77 for Public Improvement Project No. 443 far trunk storm sewer, applicants will execute and deliver to the City of Eagan a dismissal of this special assessment appeal. 5. It is understood and agreed by the parties hereto that the trunk storm sewer system shall be modified at the City's cost and in a manner as determined by the City to accept the storm water run off from the Property. It is further understood that the Appellants or their successors in interest shall dedicate without cost to the City any easements necessary for said modification. 6. The parties agree to execute the recordable document embodying the terms of this agreement attached as Exhibit A, said document to as(",~ Page 4/STIPULATION FOR SETTLEMENT - City of Eagan/O'Neil - Parcels 76 and 77 be recorded against the Property. This recordable aqreement shall be binding upon the parties, their heirs, successors and assigns. Dated: November , 1990. CITY OF EAGAN a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk Robert J. O'Neil Grace M. O'Neil as-p EXHZBIT A A88E88MENT AGREEMENT The following agreement is entered into between ROBERT J. O'NEIL and GRACE M. O'NEIL, husband and wife (Appellants) and the CITY OF EAGAN (City) as part of the settlement of the special assessment appeal entitled Robert J O'Neil and Grace O'Neil husband and wife v Citv of Eaaan a municinal corooration, First Judicial District Court File No. C1-90-6349. WHEREAS, Appellants' property, identified in Appellants' Notice of Appeal herein as Parcels 76 and 77, was assessed by the City of Eagan on February 6, 1990 for Public Improvement Project No. 443 for trunk storm sewer improvements; and WHEREAS, said assessments were in the amount of Fifty Thousand Two Hundred Nineteen and 57/100 ($50,219.57) Dollars for Parcel No. 10-01000-010-76 legally described as: The South half of the Northwest quarter of the Southeast quarter of Section 10, Township 27, Range 23, Dakota County, Minnesota. (Parcel 76) and One Hundred Seventy-Two Thousand Five Hundred Ninety-Six and 96/100 ($172,596.96) Dollars for Parcel No. 10-01000-010-77 legally described as: The South half of the Southeast quarter except the North 208.72 feet of the East 264 feet and except the South 165 feet of North 703.72 feet of the East 264 feet and except the South 165 feet of the North 373.72 feet of the East 264 feet of Section 10, Township 27, Ranqe 23, Dakota County, Minnesota. (Parcel 77); (Parcel 76 and 77 shall hereinafter be referred to collectively as the "Property"); and ~ ,~?s ~ WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above-mentioned, but rather desire to amicably resolve their differences to avoid further protracted litigation; and WHEREAS, the parties have agreed that said assessments shall be withdrawn and cancelled at this time and the Property assessed for trunk storm sewer at such time in the future when the Appellants, or their successors in interest, apply for plat approval for development of said Property. NoW, THEREFORE, the parties do hereby enter into the following AGREEMENT 1. The assessment against Parcel 76 in the amount of Fifty Thousand Two Hundred Nineteen and 57/100 ($50,219.57) Dollars shall be set aside and cancelled. 2. The assessment against Parcel 77 in the amount of One Hundred Seventy-Two Thousand Five Hundred Ninety-Six and 96/300 ($172,596.96) Dollars shall be set aside and cancelled. 3. It is understood and agreed by the parties hereto that the City of Eagan shall assess, and the Appellants and their successors in interest shall accept and waive any right to object to an assessment for Parcels 76 and 77, at the City's then standard commercial/industrial rate for trunk storm sewer, at such time when the Appellants, or their successors in interest, have applied to the City of Eagan for final plat approval for the Property or any portion thereof. Upon said application of all or any part of the Property both parcels shall be assessed. ~~j ~ 4. Upon the adoption of a resolution by the City Council of the City of Eagan, withdrawing and cancelling the assessment against said Parcels 76 and 77 for Public Improvement Project No. 443 for trunk storm sewer, applicants will execute and deliver to the City of Eagan a dismissal of the special assessment appeal. 5. It is understood and agreed by the parties hereto that the trunk storm sewer system shall be modified at the City's cost and in a manner as determined by the City to accept the storm water run off from the Property. it is further understood that the Appellants or their successors in interest shall dedicate without cost to the City any easements necessary for said modification. 6. This agreement shall be recorded against the Property and shall be binding upon the parties, their heirs, successors and assigns. Dated: November , 1990. CITY OF EAGAN a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E. J. VanOVerbeke its: City Clerk Robert J. O'Neil p`2S~ Grace M. O'Neil STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1990, before me a Notary Public within and for said County, pezsonally 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1990, by ROBERT J. O'NEIL and GRACE M. O'NEIL, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 JPE as~ STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDZCIAL DISTRICT CASE TYPE: SPECIAL ASSESSMENT APPEAL Robert J. O'Neil and Grace O'Neil, husband COURT FILE NO.: CX-90-6348 and wife, Appellants, STIPIILATION FOR SETTLEMENT v. City of Eagan, a municipal corporation, Respondent. RECITALS WHEREAS, Appellants' property, identified in Appellants' Notice of Appeal herein as Parcels 56 and 77, was assessed by the City of Eagan on February 6, 1990 for Public Improvement Project No. 461 for water and sanitary sewer service, storm sewer lateral, street and trail improvements; and WHEREAS, said assessments were in the amount of Ninety-Eight Thousand Two Hundred Forty-Two and 40/100 ($98,242.40) Dollars as against Parcel 56 and Three Hundred Thirty-Six Thousand Two Hundred Twenty-Seven and 47/100 ($336,227.47) Dollars as against Parcel 77; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above-captioned, but rather desire to amicably resolve their differences to avoid further protracted litigation. o~ ~ Page 2/STIPULATION FOR SETTLEMENT - City of Eagan/O'Neil Parcels 56 and 77 WHEREAS, the parties have agreed to reduce the assessment against such parcels by a total of One Aundred Thirteen Thousand Four Hundred Seventy-Six and 19/100 ($113,476.19) Dollars. NOW, THEREFORE, the parties do hereby enter into the following STIPDLATION 1. The assessment against Parcel 56 in the amount of Ninety-Eight Thousand Two Hundred Forty-Two and 40/100 ($98,242.40) Dollars shall be set aside and said parcel shall be reassessed in accordance with Minn. Stat. Ch. 429 in the amount of $72,583.14. 2. The assessment aqainst Parcel 77 in the amount of Three Hundred Thirty-Six Thousand Two Hundred Twenty-Seven and 47/100 ($336,227.47) Dollars shall be set aside and said parcel shall be reassessed in accordance with Minn. Stat. Ch. 429 in the amount of $248,410.54. 3. It is understood and agreed that the parties hereto will present this Stipulation for Settlement to the above-entitled Court, with the request that the Court adopt the attached Findings of Fact and Order for Judgment herein carrying out the terms of said Stipulation. Dated: November 1990. CITY OF EAGAN a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor as-1- STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAI{OTA FIRST JUDICIAL DISTRICT CASE TYPE: SPECZAL ASSESSMENT APPEAL Robert J. O'Neil and Grace O'Neil, husband COUF2T FILE NO.: CX-90-6348 and wife, Appellants, FINDINGS OF FACT AND v. ORDER FOR JIIDGMENT City of Eagan, a municipal corporation, Respondent. The above-entitled matter came before the above-named Court pursuant to the Stipulation for Settlement of the parties hereto. Upon all the files, records and proceedings herein and based upon said Stipulation for Settlement of the parties herein, the Court makes the following FINDINGB OF FACT 1. Appellants, Robert J. 0'Neil and Grace O'Neil, are the fee owners of two parcels of real property located in the City of Eagan, Dakota County, Minnesota, identified as Parcels 56 and 77, and legally described as follows: Parcel 56 The East two-thirds of the Southeast quarter of the Southwest quarter exceptinq beginning at the Southwest corner North 558.73 feet right 90 degrees 30 feet to the beginning continuinq East 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet ~Z__ , Page 2/FINDINGS OF FACT AND ORDER FOR JUDGMENT City of Eagan/0'Neil to the beginning except 75/100ths acre contained in Parcel 65 of the State Trunk Highway Right-of-Way Plat No. 19-44, Section 10, Township 27, Range 23, Dakota County, Minnesota. Parcel 77 The South half of the Southeast quarter except the North 208.73 feet of the East 264 feet and except the South 165 feet of North 703.72 feet of the East 264 feet and except the South 165 feet of the North 373.72 feet of the East 264 feet of Section 10, Township 27, Range 23, Dakota County, Minnesota. 2. Pursuant to Minn. Stat. Sec. 429.081, the City of Eagan adopted assessments against said parcels, for Public Improvement Project No. 461 for water and sanitary sewer service, storm sewer lateral, street and trail improvements, in the following amounts: (a) against Parcel 77 in the amount of $336,227.47; and (b) aqainst Parcel 56 in the amount of $98,242.40. 3. The parties have entered into a Stipulation for Settlement wherein the City of Eagan has aqreed to reassess Parcel 56 in the amount of $72,583.14 and Parcel 77 in the amount of $248,410.54. ORDER FOR JiJDGMENT 1. The City of Eagan is hereby ordered to set aside the assessments for Public Improvement Project No. 461, for water and sanitary sewer service, storm sewer lateral, street and trail improvements against Parcels 56 and 77. ~ o" ( Page 3/FINDINGS OF FACT AND ORDER FOR JUDGMENT City of Eagan/O'Neil 2. The City of Eagan is hereby ordered to reassess said parcels r~ for Project 461, in accordance with Minn. Stat. 429 in the amount of $72,583.14 for Parcel 56 and $248,410.54 for Parcel 77. 3. Each of the parties hereto shall be responsible for their own costs, disbursements and attorneys fees. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: , 1990. SY THE COURT: Judge of District Court as~