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1085 Wescott Rd CITY OF EAGAM Remarks r ,-W ~L~' • v a,ddicior, Section 14 Lot eik Parcel 10 01400 030 53 Owner Street 5tate EAC'AN MN 55123 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK ' 1985 3781.00 252.07 15 SEWER LATERAL U', 1 0 11 19 8 6 3 2 7 5. 0 0 6 5 5. 0 0 5 WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WA7ER CONN. 9UILDING PER. SAC PARK 101's 1°-A EAGAN TOWNSHIP N? 1326 BUILDING PERMIT Ownex Eagan Township Address (Presenf) '_L.....----'---......_ Town Hell Builder - / - Dale Addzess DESCRIPTION Siosies To Be Used For Fron! Dep2h Heigh! EsS. Cos! Permi! Fee Remarks ~a ZL -4J LOCATION Slreel. Road or ofher Descriplion of Locafion I Lo! BAddition or Tracf rI S/~/~y S'~~Q I b30 011/D0 03o s3 .L This permit does not auYhoriae the use of s2reels, zoads, alleys or sidewalks nar do i! give !6e owner or his agenf the zigh!!o creale anp siluaSion which is a nuisance or which preseais a hasard fo the health, safelp, convenience and ganeral welfare io anpone in the eommuni2y. THIS PERMIT MUST. SE KEPT ON TFIE PREMISE WHILE THE WOAK IS IN PROGAESS. Thfs is 2o ceriifp. !hal.... :/~~--.--.-.----has permission !o erecY a.... -~~,j . . . . . . upon the above described pr~se subjeeY loLEhe pxovisions of the Suilding Ozdinance fos Eagex!' Township ado ! pril 11. 1955. l~ . . --------------°'--....l.F.-'.!^~^;~"~~ . ...l~.P:-~..------. Pez -.C...(/. P1J _ Cheismen of Tnwn Bog~d Buildiig .Inspeetor 7J a o ° a3 ~p W W U Ur W ~ ' ?U 2 W Q ~ ` . y c- ~ ¢ ~ Z < !A ~n W ? ~ ~ O C Q ~ U 3 - 0 O Z ~ U? ~i. ¢ z m 0 ~ 0 E3 pWO 'W V U ~ ~ lo C RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT 1656778 THIS EASEMENT, made this Utbday of october , 1999, between LILLIAN BRATLAND, a single person, (hereinafter referred to as "Lan3owner") and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred ~ to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of Four Thousand Five Hundred and no/100 Dollars ($4,500.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent right-of-way, drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: The East 330 feet of the West 660 feet of the South 660 feet of the West Half of the ~ Southwest Quarter of Section 14, Township 27 North, Range 23 West, Dakota County, Minnesota. Said permanent easement is described as follows: J ~ Begixuiixig at the southwest corner of said described property; thence e;:ste:ly along Lhe so>>th line of said Southwest Quarter 180.0 feet; a thence northerly at a right angle to said south line 33.0 feet; thence northwesterly to a point on the west line of said described property distant 48.0 feet northerly from the southwest corner thereof; thence south along said west line to the point of beginning. Except the south 33A feet thereof. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for drainage and utility purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonabie times to construct, rewnstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such conshvction, maintenance, repair or removal, the City shall restore the premises to the condition in RECEiVED DATERECEIVED V. NO AKcMd`C NaI~ 2 2 1999 DAKOTACOUNTYTRFJISl1RER•AUDITOR , . which it was found prior to the commencement of such actions, including replacement of the fence and gate as it now exists, save only for the necessary removal of trees, brush, undergrowth and other obstructions. The grant of the foregoing permanent easement for right-of-way and utility purposes includes the right of the City, its contracwrs, agents and servanu to construct, reconsuvct, inspect, repair and maintain a roadway and erect and maintain signs in conjunction with the public's use of said roadway and appurtenances and any signs erected in conjunction with the use of the roadway and appurtenances. And the Landowner, her heirs and assigns, does covenant with the City, its successors and assigns, that she is the Landowner of the premises aforesaid and has good right to grant and convey the easement herein to ffie City. ~ IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and yeaz first above written. il ian Bratld STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this JI -'h day of UC,kher , 1998, by Lillian Bratland, a single person. 'A . iOvnw) _ Notary Public APPROVED AS TO FORM: E S. WIWAMS 1lofetN PutlC Ciry Attomey's Office Dated: I I (8155 APPROVED AS TO CONTENT: a. IV] Public Works Department Dated: i ~ - 4 - 9 THIS INS,T,,,R~UMENT WAS DRAFTED BY: SEV R ON,SHELDON,DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (612) 432-3136 RBB/Project No. 766 #206-16844 Easement No. 746 • f X ` ~ , r I , o so z 0-4' 0. i PARCEL W i g a ~ ~ V o / G PROPOSEp R/W / H / 7 _ EXSS7ING RhV ' 33.00~--' " 1 p'............................ = ' ~ 5. U!YE OF 5W 1/4 SEC.14 117 it23 wESCOrr C17Y OF EAGAN p~R~E CITY PROJECT K0.7G6 LEXINGTON AVENUE N/ WESC07T RUAO AND Fgg 1'ERMANCNT RIGH7 OF WAY EXHlB(T {v+aL~T r ~lY~~s•t M.1~ht\~ BRiiIBIT "A" . _ . . July 13, 1999 Property Owners/Residents 1085,1093, & 1095 Wescott Road Eagan, MN 55123 HAND DELIVERED 7/13199 RE: Wescott Road Right-of-Way Tree Removal Dear Property Owners: We have identified the following trees along the north side of Wescott Road, east of Lexington Avenue, that aze on city right-of-way and within the proposed construction limits forthe new traffic signal project. These trees will need to be removed or relocated prior to the constniction of the imersection anprovements. The enclosed exhibit identifies the location of the trees with the corresponding label. In froat of Oudot A(City/County owned): A 6" oak In front of 1095 Wescott: B 12" oak; C 6' spnice; D 8' spruce In front of 1093 Wescott: ' r % LZ E 8' spruce; F 8' spruce; G 8' spruce The following 9 trees aze within the proposed right-of-way in front of 1085 Wescott: /0 0~~ H 20' cedar; I 20' cedar; J 12' spruce; K 12' spruce; L 12' spruce; M 2' spruce; N 16' spruce; O 2' spruce; P 8' spruce The rightof-way (property line) and construction limits will be staked in the field shortly. All of the proposed uee removals/relocations that are within the existing public right-of-way will be identified with ribbon. The City appreciates your interest in these trees and the desire you may tiave to remove/relocate/ salvage them. Any efforts on your pazt to remove the uees adjacent to your properry should be completed by August 15, 1999. After this time, the trees will be removed ac part of the public contract or relocated by the Parks and Recreation Department. Please contact me with any questions at 651-6814646. Sincerely, Cc: Thomas Colbert, Public Works Director Gregg Hove, Ciry Forester Matt Hansen, Consulting Engineer Russ Matthys, P.E. City Engineer G: RM/991[.eue1W'escott RW Tree Removal JUN-23-1999 WED 07;39 AM FAX N0, P. 04 ~ ' I` . \ I o~ - 1... • ` C_ t ~ j Yl ~ V . , ~ ~ r _ - H ~ ~ - , _ _ _ _ _ ~ ~ ~y . McMENOMY 8i SEVERSON A PAOFE59IONAL ASSOCIATION ATTORNEYS AT LAW F:UWARU 13. Mc;NENOMY dREPLY TO: PAUL J. STIIiR LARR]' S. SF:VF:RSOV• 730o wESC 147TH STREET PATHICK W. STF.W'Aft'1' JAMN;S F. 9FIF.I.UON 11.0.8o%24329 KN;VIN P. CAHHOLL J. PATR1l:K WILCOX* APPLE VALI.F.Y,MIN!IESOTAS5124 KF.NNN:TH R. HALL TF.6F:NCF: P. UUNKIN TeLEFAx rv[7MBER 43a378o tiCOTT D. JOHNSTONf MICHAI?LG. UOUGHI:H'CY (612)4323136 JOSI4PH P. t:ARLEY RE[U J. HANSI;N MARY L. GOLIKE MICHAP:L E. MOL6\UA" 0 REYI.Y TO: MICHAP:L C. McCANN `Al:i(7 LICh:KSL:D IN ION.A I44a0 90UTH kOPERT TRAIL OF UUUN9D:I.: ^ALSU TACF:\Sh:I11K WIiC(INBIN KOSEMOUNT. MINNES(YfA 56068 LF:UNAHIt F. NISHNAT tA1S0 LICb:NSP:U IR NF.HftASKA (612) 42;LI15a JOWN 6. VUKF.LICH February 9, 1989 Mr. Gene VanOverbeke Eagan City Clerk 3830 Pilot Rnob Road P.O. Box 21199 Eagan, MN 55121 RE: Special Assessment Policy 86-3 Kelmer L. & Lillian R. Bratland Project Nos. 450 and 467 Our File No.: 206-6504 (OOE) Dear Gene: In connection with the above matter, I enclose original recorded Special Assessment Policy - Document Number 875777 for the official City records. If you should have a question, please feel free to contact me. Thank you for your consideration and cooperation in this matter. Ver truly yours, Roxann MY & SEVERSON, P.A. to--.,._.---- Duffy Legal Assistant RSD/djk Enclosure • ` e75777 ANW3MBMAXxx SPBCIAL A3S8SSH821T POLICY 86-3 CITY OF EAGAN AsssssRUT AcxEEKEerr DNIDBVSLOPBD/AGBICOLTORAL SONING PR0.76CY NO(S), 450 & 467 70' N%%n 9 THI$ AGR$EMENT GiBted this 6th day of -"*vbrT- , 1980, 'between the CITY OF EAGAN, (called City), and y?i{ xotmPr L. Rra[]and & Lillian R Bratlar(~:ep OWn'er) OE nA5?1pscntl Road Eaaan MN f radSBSS) ; WHEREAS, the City propose,s to assess the following described premises in Dakota County, Minnesota, owned by Owner: (legal descripti0n) E 330 FT of W 660 FT of S 660 FT of w 1/2 of SW 1/4, SECTIDN 14, T 27, R 23 • for the followin9 i.mprovements pursuant to Cit~+ Project(s) 450 a 467 _ Trtink Area Storm Sewer. Lateral Benefit From Trun ilater Main, Warar Srrvi.e. Lateral Benefit From Storm Sewer & Streets WBEREAS, assessments would normally be based upon the total frontage area of said premisesj and/or WHEREAS, the present use of said property fs homestead foc a single usef and WHEREAS, the highest and best use of the property may be at a different zoninq, higher density or more intense use than presently existsF NOw, THEREFORE. uaon conA±dera±ien of t::e Mutua3 c;.:•enants herein, the parties agree as follows: 1. The City agrees to assess said property for the Froject and purposes described above at its present singular use, in accordance with Special Assessment Policy No. 86-3. 2. The Owner aqreee for himself, his heirs, executore, administrators, successors, and assigns, that if the actual use of said property is changed in the f uture to a use or zoning category which is greatex than i.ts preeent use, the City may reassess or levy a supplemental asseasment at such time based on the assessable units (frontage and/or area) poatponed under this referenced project at the appzopriate zoning classification asseesment ratea, according to City pol icy, in effect at such future time. 3, a. The Owner for him8elf, his heire, executors, admini6trators, sucaessors, ahd assigns waives any and all objections to the City's right to reassess the property in conjunetion with the Project if the actual use and/or the zoning foc khe property is changed. Further, the Owner waives any and all objections to the present assessments agreed to herein and to the procee6ings related thereto. b. By executing this Agreement, the Owner does not waive the burden of the City to establish the benefit received by the property under the Project at, the time oP the change in use or zoning. 4. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the pwner shall edecute any and all documents necessary Yo implement the recording of this agreement i,ncluding the delivery Of the Owner's Duplicate Certificate of Title to the afPected lands i£ necessary. 5. The undersiqned agrees that this aqreetnent sball rvn with the affected land and binds the heirs, successors and assiqns of such land. 6. The undersigned heirs, successors and assigns of such land, includes all of the person, firms or corporation that hold an interest in the assessed land described above, including the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option or otherwise. 7. Other conditions: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER: CITY OF E AN: R BY: 8p; ita: l9ayor B • a~~~~,~ Attest: itss cle APPROVED: Public Works Department -2- STe:•f'E OF MINNESOTA) ) ss. ' . •^CUUNTY OF OAILoTA ) On this 12t1i flay of , 191ft, before me a Notasy Public within and for saia County, perso ally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me nuly sworn, each did say that they are respectively the Mayor anfi Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixeci in behalt of said municipality by authority of its City Council and said Mayor and Cleik acknowledgea said instrument to be the free act anci aeeci of said municipality. MAAILYN L WUCNEAPFEIM y~.~ NOTANY PUBLIC - MINI~&$OTA ~4~ f~~~'S DAKOTA COUNTY `G\.~r r MY Commission Exp. FeE, 8,19~ X otaxy Publ i c ? STATE OF MINNESDTA ) 7 ss. PEASONAL ACKNOWLEDGEMENT COUNTY OF 061mA) On this L-Lik day of , 1985, before me a Notaj;y Public Within and for said County, personally app ared kel.,,.e.l.$ L;k1<aa K. his wife, to me known to be the personcL described in and who executed t e foregoing instrument and acknowledged that ~x e e uted the same as e act t:~,7 and deed. ~ ~ No ary P~t IAAAILYN L :E~xp~ PFEIAU EzOW NOTARY PUBLINNESOfA DAKOTA UNTY ~ Uy CommisslM D. & 1~ THIS IN STRUMENT WAS DRAFTED BY: The City of Eagan 3830 Pilot Knob Road Box 21199 Eagan, MN 55121. y,. . : . , , OFFICE OF THE COUNTY ~ RECORDER-DAKOTA COUNTY, MN. CERTIFIED THAT THE WITHIN INS?RUMENT WAS FILED FOR RECORD IN THIS OFFICE = ON AND AT DOC. NO JAMES . ,COUNTY RECORDER DEPUTY FEE ~ CASH ? CHECK JZ CHARGE ? CHARGE WHOM REFUND DO NOT REMOVE s:~ SE?-23-1999 THU 01:53 PM FRS N0, 02/03 7 C ONSULTING G ROUP, I NC. iransportation • Civil • Str^ uctuYal' Cnvironmenta! • Planning • Traffic • Lands<aye Arthitecture + Parking City of Eagan Ciry Projcct No. 766 Wescott Ftoad/t-exington Avenue Aight-Of-Way Acscription SRF No. 0993376 June 4. 1999 pARCLI. W KLI.MAR ANI) LIT.LIAIV BRATLAND 10-01400-030-53 parce] Deseription According to City of Eaoan Assessment I7epurtment Described Easement Area: 1350 Square Fcet A pcrpetual cascment for roadway and ulility purposcs oveG undcr, across and through the following describcd property: The Last 330 fect o£ the West 660 feet of the South 660 icet of the Wcst Half of thc Soulhwest Qulrter of Scction 14, Township 27 North, Rangc 23 West, Dakota Caumy, Minnesota. Said pcrpeiual e:Lsement is descriUed as Tollows: Beginning at the suuthwest comcr of said descriUec] properiy; thence eastcrly ziong lhe south line of said Southwesl Quarter 180.0 feec; thence norther]y at a rieht angic to said south line 33.0 fect; thence northwesterly to a point on Atc west linc of said descrihed property Qistant 48.0 feet northerly from Lhe southwest corncr thereof: thence south afona said west line to the point of beginning. , Except the south 33.0 fcet therc:of. Onc Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 'Celep]ZOne (612) 475-0010 m Fax (612) 475-2429 s ht. ftp:/1www,srfconsulting.coin _ -------.J--- An Fqun! Opportnnity Emp(oycr SEP-23-1999 THU 01:53 PM FAX N0, P. 03/03 J r , ~ p - JO' W - z ~ W IPARCEL W 0. Q ~ a F- ~ w i -PROPOSED WW I l o /rr _ ' -EXISTING R~ ; , T , i , - - ~ 180.00' ° --_J.__•- S. I.INE OF SW 1/4 SEC. 14 727 R23 WESCaTi' ROAD_ ~ ~ CI'fY OF EAGAN MW C1TY PROJECT NO. 766 OAD AND LEXINGTAVENUE F:77: ANCNT RIGH7 OF WAY E{ sity oF eegan 3830 PILOT KNOB ROAD ni0MA5 EGnN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612) 454-8100 DnvID K. GUSTAFSON FAX: (614) 454-8363 PAMEA hIcUEA TiM PAWLEMY THEODORE WACHfER . September 5, 1990 CO1""l WfnbetS THOPMS HEDGES . Cay Atlminstmtor EUGENE V/W OvFRBEKE Ci[y Ckrk MR KELMER BRATLAND 1085 WESCOTT ROAD EAGAN MN 55123 Re: P8ice1 10-01400-030-53 Project 4041, Easement Acquisition - Tree Replacement Dear Mr. Bratland: Recently, you called me to find out the schedule for replacing some trees on your property. As I indicated in that phone conversation, the City does not have anything planned in response to this issue. This particular issue is well over five years old. Through that time frame, you have periodically made verbal requests,for claims pertaining to damages incurred to two trees located in the southeast corner of your property. Through this time, we have made considerable contacts with you trying to identify exactly what your concerns are. However, we have been unsuccessful in getting your response to be specific to allow the City to respond. In researching your file, we have found that on May 4, 1988; a letter from the City's consulting engineer was forwarded to your attention indicating difficulty in contacting you to resolve this issue and requesting that you respond regarding your concerns. Later that same month, you brought the issue to . then Mayor Vic Ellison's attention. On May 25, I responded to Mayor Ellison with a memo referencing the May 4 letter and indicating that we still had not received any response from you in writing specifically identifying your concerns. On October 3, 1988, I personally hand-delivered to you copies of the enclosed corresporidence with a note indicating that "it would be very helpful if you would put in writinq exactly what you want done so that the City can address each and every issue". Since that latest communication to your attention, I have not heard any response until your phone call of September 4. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY Equal Opportunity/Affirmative AcTion Employer . b ~ Page 2 Therefore, in order to bring this issue to a closure, I am requesting that you respond in writing what your claims for damages are and what your requested resolution is. This should be all encompassing pertaining to any and all problems that you have. Upon receipt of this information, I will initiate the appropriate investigation and response. However, if this written request is not received by September 28, the City will consider this matter closed and will not pursue this matter any further. Sincerely, -Lc-~Olbert, T omas A. P.E. Director of Public Works TAC/jj Enclosures e:3 ORO G. lonettroo, P.E. Kr" A. GorOOn. P.E. TMmas W. Pt[erson, P.E. Ch.rles A. Eikkson ~ Bonestroo ~y~pp C. R~y~rlikPY.E pDOna10 C. BuryarGL BE. Ames RCA{alan0, P.E. Ha lan M Olson ROS~~~ BraGbrC A. lrmper¢ P.E. Xny A. BourOOn. P.E. Itervm[p G Mtlerson, P.E. Susn M. EGerlin ~ RKnarC E. Tumer. P.E. Wrk A. Ilanson. P.E. Kerth A. Bachmann. P.E. Mart A. Seip . R. COOOk^ P.EE MW imKa. FTltl q~UPUnann. P.E. PoMank Gert RC Anderlik & RUUek, A.I.A. Tnomas E. Noyes. Y.E. EoEen R. McMerle, P.E. Thortus E. Mqu& P.E. Associates R~n G XnonkM, P.E. Davia O lcskon, Y.E. ~arE A. LnforA. P.E. Wrvin L. Sorvab, P.E. Engineers 8 Architects , . A May 4, 1988 Kr. Kelmer Braatland 1085 Wescott Road Eagan, MN 55123 ' Re: Vescott Road Contract No. 86-13, Project 494B Our File No. 49381 Dear Mz. Braatland: A couple veeks ago 2om Colbert informed me that you had 'some problems with some of the restoration vork done on your property as a result of Contract 86-13. I wanted to discuss this with you so I called your house. You were not home so I left a message requesting that you call me. I have not yet zeceived a call and today I again phoned your house but there vas no answer. If you wish to discuss this matter please feel free to call me at 636-4600 at your convenience. ~ Yours very truly, BONESTR00, RO$ENE, ANDERLIR 4 ASSOCIATES, INC. Jerry A. Bourdon JAB:ci 01 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 / . . MEMO TO: THOMAS L HEDGES, CITY ADMININSTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 25, 1988 SUBJECT: MISCELLANEOUS ISSUES - CONCERNS OF MAYOR ELLISON On May 23, you forwarded to my attention a memo identifying a variety of issues that have been brought to the attention of Mayor Ellison with a request for a status report. Wescott Drive/Braatland's Propertv Apparently, there is some problem of acceptable work of the restoration on the Braatland property. However, we are unable to make contact with the property owner to find out specifically what his concerns are. Enclosed please find a letter sent to Mr. Braatland on May 4 requesting that he follow through on his concerns by contacting the apprapriate City personnel. Any further contacts. from Mr. Braatland should be addressed by requesting that he identify his concerns in writing so that we can properly respond to specific issues. . L~'' ~v - 3 41' J1/12 . /32.d rL qN A , . ~•H.~ ~.V.. .I.~.LO-e„-v~..y y ~-..~.L cV-...t'~il...~ ~ ~ C`fA.?. v ,..4W cya... /~q ~ ~ w• e-~ - '~V P uF ;A„ Co~ a.a2.ec~ 74.,:e C~, t.GO 0/ ~ttw„r,bwJ Q~GC1~t,, ~.at /~a.L eP..~,..e..:o-,1 T~-a•~ ~ . °.~.0~ -~;.y U;.p GO ` c..,ti :~r CXR.rr(~, pA9• ~ ol I a 8PECIAL A88E88MENT8 ~ lNPUT FORM - AUDITOR DISIRICT SA-NIl'WFR SA-N7WE ' D1STSi28-DIST Hm-Yem NO-YEMS FIRST YEAli IN ~itEX:UCJIR TOTILL ASSESSTfQTS 7. j~ FL-irk Ac[ivity _NF3,1 JIS.SES41ENr&-PAmgLs DEGINQUEKr ANNUALS AS.SFMMFNf UPOATE ~ ADO/UPDATE PAACEGS Div4aion E OEF EFF ACt- IST PLAT L01' 9LK SN 1 NtOUNT COOE YEnR ION i£CQfO 030, 5 3 / 7 `13 / l 81 acriaa A_k3a . ~.:2~ o _ ~t~e Vt I ~ 17~~(0 7~c Q•'C v C'' P- Print boolcshee t e o / J C o- oia rnrcer /C- c' / Et, 03e (division) ' N - Nev Parecl (division) . DEF CODE ' S - Senior ' Citixen . .C - Ci ty • •IAfeeted . ity oF eegen 3830 PILOT KNOB ROAD. P,O. BOX 27199 V1C ELLISON EAGAN. MINNESOTA 55127 Ma.or PHONE: (612) 454-8100 THOMAS EGAN DAVID K. GUSTAFSON -PAMEIA McCREA January 23, 1989 nieoooaEwnc~a cow+en n»mnee: ' iHOMhS HEDGES CINAdminlslrvlor Mr. & Mrs. Kelmer L. Bratland EUGENE VAN OVERBEKE 1085 Wescott Road cMClaik Eagan MN 55123 Re: Parcel 10-01400-030-53 Proiects 450 & 467 Assessment Agreement Dear Mr. & Mrs. Bratland: In official action at its regular meeting held on January 17, 1989, the City Council approved the above-referenced agreement. A fully-executed copy of the agreement is enclosed for your reference. By copy of this letter, i am requesting that the City Attorney's office have the agreement recorded at the Dakota County Recorder's office. Also by copy of this letter I am directing Special Assessment Clerk Kivi to prepare a revised assessment spread to forward to the Dakota County Auditor's office along with a request for a revised 1989 tax statement reflecting the new spread of assessments. Please note that the City can only request the revised tax statement and is giving no assurance that the request can be complied with by the County. As we discussed previously, there would have been no problem if the agreement had been executed in October of 1988 when the roll was adopted. ' cerely, E. . VanOverbeke, CPA Finance Director/City Clerk cc: City Attorney Sheldon Special Assessment Clerk Kivi Enclosure EJV/kf THE LONE OAK TREE.., THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIIY $XHI$IT 1 SPBCIl1L ASSBSS!lBliT POLTCY 86-3 CITY OF E71GAd 718SSSS1SSDIT ]1GREENSliT ONIDSVSLOPSD/AGBICOLTORaI. SONIliG paatscT No(s). Sa V%n q THIS AGREEMENT dated this bch day of Qobebvr , 1980, between the CITY DF EAGAN, (called City), and xPITPT i.. Ara land (called Owner) of 10R5 WPCrnrr Road t (ddLjIBSS) j WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota, owned by Owner: (legal description) E 330 FT of W 660 FT of S 660 FT of W 1/2 of SW 1/4, SECTION 14, T 27, R 23 t for the following i.mprovements pursuant to City Project(s) 450 & 467 Tr,nk Area S orm Sewer, Lateral Senefit From Trunk Wa[er Main, ~ Warar SPrvice. La[eral Benefit From Storm Sewer & Stree[s WHEREAS, assessments would normally be based upon the total frontage area of said premisesi and/or WAEREAS, the present use of said propetty is homestead for a single usel and WHEREAS, the highest and best use of the property may be at a different zoninq, higher density or more itttense use than presently existsf NOW, THEREFORE, upon conaideration of the mutual covenants herein, the parties agcee as follows: 1. The City agrees to assess said property for the Project and purposes described above at ite present aingular use, in accordance with Special Assessment Policy No. 86-3. 2. The Owner aqrees Eor him6elf, h1s heirs, executors, administratora, successora, and aesigns, that if the actual use of said property is changed in the £uture to a use or zonin9 category which is greater than its present uBe, the City may reasseas or levy a supplemental asseasment at such time based on the assessable units (ftontage and/or erea) poatponed under this referenced project at the appropriate zoning classification assessment ratea, according to City policy, in effect at auch future time. I ' 3. a. The Owner for himself, his heirs, executors, achuinistrators, successora, and nssigns waives any and all objections to the City's right to reassesa the property in aonjunction with the Project iP the actual use snd/or the xoning for the prcperty is changed. Further, the Owner waives any and all objectione to the present asseBSments agreed to herein and to the proceeaings related thereto. b. By executing this Agreement, the Owner does not waive the burden of the City to establish the bene£it received by the property under the project at the time of the change in use or zoning. 4. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the Owner shall eaecute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner"a Duplicate Cectificate of Title to tbe affected lands if necessary. undersigned affected land and the e heirs8t suthis ccessors e and t asshall sgnsrof such the land. 6. The undersigned heire, succeseors and assigns of such land, includes all of the person, firms or corporation that hold an interest in the assessed land described above, including the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option Or othetwise. 7. Other conditiops: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER: CITY OF E ANt • By; ovt~L 8y: Its: llayor 8 • ~ ~ Attest: hL= Its: Cle $y: APPROVEDs Public Works Department Its: ~ t~t-c,+47 ^l~ .t-!' •F.~ •Ci / _ ky -2- , •STATE OF MINNESOTA) • ' ) ss. COUNTY OF OAiLor4 ) On this LIv@ aay of , 191ft, before me a Notary Public within and for said County, perso ally appeared VICPOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each aia say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoin9 instrument, ana that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowleagea sain instrument to be the tree act anci deeu of saia munlcipality. MAAI.YN L WUCHERPFEIAIB !~t XIeNO?AFV PUBLIC - NINNESOTA DAK07A COUNTY My Cnmmission Exp Feb $1989 Otdly PUY111C / STATE OF MINNESOTA ) ss• PERSONAL ACRNOWLEDGEMENT COUNTY OF 0AYmA On this Lia day of , 198S, before me a Nota y Public Within and for said County, personally app ared kr1.~,.t.L,4 L:11:sa Q,..46A to me knoxn to De the person.$- described in and who executed the foregoing instrument and acknovledged that ~~eGuted the same as !~Y free act - and deed. ~ No ary Public AIIYN L NNCNERPFFIPUBUC - MINNE80TA AKOTA COUNTY ECANO~TARY I ommisslon Exd d Feb-l,= ity oF aegan 3630 PILOT KNOB ROAD. P,O. BOX 21199 V1C ELLISON EAGAN, MINNESOTA 55121 n+awr PHONE: (612) 454-8100 THOMAS EGAN JANUARY 4, 1989 DAViDK.GU5TAF50N PAMEIA McCItFA hiEODORE WACHiER Coundl MerMers MR. & MRS. KELMER L. BRATLAND T"°~+s"E~Es (,llyMminshobr IOHS WESCOTT ROAD EUGENEVANOVEReEKE EAGAN, MN. 55123 GNClerk RE: Parcel 10-01400-030-53 Project 4467, Special Assessment Objections Dear Mr. & Mrs. Bratland: On December 28th, you contacted me to inform me of your surprise that the original proposed assessments of $24,564.55 under Project 467 had been certified against your property instead of the reduced amount of $5,667.30. Rs I indicated to you during that conversation, it was because you had not executed the appropriate agreements necessary to provide for the reduced special assessment that the original amount was assessed to you. Your response was that it was your understanding that you did not have to execute any agreement because of the Council action of October 6, 1988 which overruled your objections to those assessments. It is difficult to understand your confusion in light of the continuous references to execute an agreement as a necessary requirement to receive the lower reduced assessment. I am enclosing copies of the following information with the appropriate highlighting which continually informed you of the requirements and timeframes that the appropriate agreement must be executed and returned: • Letter of September 21, 1988 informing you of the public hearing, amount of the original and proposed reduced assessments, a copy of the required agreement to be executed and the deadline for the execution and submittal of that agreement. • Copy of the City Council minutes of October 6, 1988, where again it references the requirement to execute the related agreement and in absence thereof, the Council reaffirmed the original proposed assessment. •Copies of the Special Assessment Committee minutes of June 30, 1988, again referencing the original and proposed reduced assessments with the motion that the amount be reduced "if and only if" the appropriate agreements are executed. THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Mr. and Mrs. Kelmer L. Bratland Page Two January 4, 1989 • Letter of September 21, 1987, informing you of the original final assessment hearing and the requirement to execute the appropriate agreement to receive the reduced assessment and the attached Notice of Special Assessment which identified the original amount with a footnote referencing the requirement to execute the appropriate agreement. • Copy of the Special Assessment Policy 86-3 stating that the reduction in assessment obligation is available "through the execution of the agreement". • Copy of the summary sheet of the final assessment roll for Project 467 which was presented at the final assessment hearing of October 6, 1988 identifying both the original amount of the assessment and the reduced amount with the footnote indicating the requirement to execute the appropriate agreements. Based on this information, it is hard to accept your contention that you are were not aware that the agreement had to be executed or that you were not given a copy of the appropriate agreement to execute or that you did not know when the agreement had to be returned by. Subsequently, the City had to assume that you wished to have the original assessment, as ratified by Council action on October 6, 1988, certified against your property. Because this assessment has now been certified against your property through the County records, any requests for reconsideration should be processed through the Finance Department to the attention of Mr. Gene VanOverbeke, Director of Finance/City Clerk. Sincerel , 1~ ~ omas A. Colbert, P.E. Director of Public Works Enclosures cc: Gene VanOverbeke, Director of Finance/City Clerk TAC/jf • r e ~D ~ r° . ~ O 0. . . . _ P. . . ~ . '.r. , r ~ . . . . . ~:~.r , . i ~ .r~. . , . _ . ~ lw- , ~ . ..:i , i , ~.l`>, ..~...r'!' . . ; L:. ~ . . . . . . i; :i :'J . . , , ' ~ '.i,'. i ~ , , ~ . . . . . • ~ , . 6 i : !l . . c r_'~..' . . . _ " ~ .i.. . . . ~ . 5 . ~ . . ' .I . -...i ..~f 1=..' . : . . : . . • . ~ ~ 45 , l.. ~ . ~ . . L: .r . . . _ . . . . . . } ~~.p. ~ . Somn, -I:: . . W: MElQO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRSCPOR/CITY CIERK VANOVERBERE DATE: JAN[JARY 12, 1989 SDBJECT: BRATLAND SPSCIAL ASSESSMLNT AGREMII.'+NT Mr. and Mrs. Kelmer Bratland recently discovered through discussions with Dakota County that assessments on their property for Project 467 were certified at the full amount and not reduced in accordance with Special Assessment Policy No. 86-3. This policy calls for reduced assessments for undeveloped/ agricultural zoned land. Bratlands had not executed the agreement for one reason or another. Tom Colbert's letter of January 4, 1989, which is attached clearly indicates that the Bratlands knew or should have known that a condition of being assessed at the lower amount was the execution of the agreement. They claim, however, that they did not know that was necessary and therefore failed to sign it. i met with them again to review the situation as it currently exists and they have now signed the agrement. I said that I would recommend that the City Council approve the agreement and direct me to request a revised tax statement for 1989 from Dakota County. I gave no assurance that either the Council would approve the agreement or that the County would revise the tax statement. I do feel, however, that my proposed course of action gives us the best chance to clean up this problem for both the Bratlands and the City and that is why I am making that recommendation. Please advise if you would like to discuss this matter or would like any additional information. Q Financ Director/City Clerk EJV/kf Agenda Information Memo January 17, 1989 City Council Meeting SPECIAL ASSESS?EN'PS AGREEMENT FOR BRATLa1dD N. Approve Aqreement for Bratland Special Assessments--The Bratlands who reside on Wescott Road have raised concern regarding a special assessments agreement that was prepared and signed by both the Bratlands and the City of Eagan and filed with Dakota County. The Director of Finance has met with the Bratlands and for dit'onal information regardinq the aqreement, refer to page(s) /~---T7-. ACTION TO BE CONSIDffi2ED ON THIS ITEM: To approve the special assessments agreement between the Bratlands and the City of Eagan. MiSI$IT 1 SP8C221L ASSSSSM821T POLICY 86-3 CITY OF EAGl1N 11SSSSSMSTIT 71GRESMJBliT ODIDBVSLOPBD/AGRICOLTORISL ZOdING paarecr No (s). ~6 ~ 70. hw.•`a 9 THIS AGREEMENT dated this 6ch day of 4~ , 198A, between the CITY OF EAGAN, (called City), 8nd . Kolmor L.. Rrafland (called Owner) OF -LDRS Wesrnt[ Road , (address) j WHEREAS, the City proposes to assess the`following described premises in Dakota County, Minnesota, owned by Owner: (legal description) E 330 FT of H 660 FT of S 660 FT of N 1/2 of SW 1/4, SECTION 14, T 27, R 23 t for the following improvements pursuant to City Project(s) 450 & 4e7 ; Srnnk area Storm Sewer La[eral Benefit From Trunk Water Main, Liatnr Srrvi Lateral Benefit From Storm Sewer & Stree[s wHEREAS, assessments would normally be based upon the total frontage area of eaid premisesi and/or WAEREAS, the preaent use of said property is homestead for a sinqle use= and WHEREAS, the highest and best use of the property may be at a different zoning, higher density or more intense use than presently existsl NOW, THEREFORE, upon conaideration of the mutual covenants herein, the parties aqcee as f olloare; 1. The City agrees to nssess said property for the Project and purposes described above at ita presant aingular uee, in accordance with Special Assessment Policy No. 86-3. 2. The Ov,iner agrees for hiraBelf, his heirs, executocs, administratora, auccessors, and assigns, that if t6e actual use of said property is changed 1n the Euture to a uee or zoning category wbich is greater then its present use, the City may reassess or levy a supplemental asseaBment at euch time based on the assessable units (frontage and/ot area) postponed under this referenced project at the appropriate zoning clessification assessment ratea, according to City policy, in effect at such Puture time. T cr~? 3• a. The Owner for him6elf, his heirs, executors, acLuinistrators, successora, and assigna waives any and all coobjjectiunons e the City's n if t the e actual use and%or tthe zoning for the property is chenged. Further, the Owner waives any and all objections to the preaent assessments agreed to herein and to the proceeaings related thereto. b. By exacuting this Agreement, the Owner does not waive the burden of the City io estab116h the benefit reCeivea by the property under the Project at tbe time of the change in use or zoning. 4. The undersigned hereby agree that this agreement may be recorded with the AakOta County Recorder and that the Owner shall execute any and all documents necessary to implement the recording of this agreement including the delivety of the Owner's Duplicate Certificate of Title to tbe affected lands i£ necessary. 5. The undersigned agrees thnt this aqreement shall run with the affected land and binds the heirs, successors and aasigns of such land. 6. The undersiqned heira, suCCessors and assiqns of such land, includes all of the person, firms or corporation that hoid an interest in the assessed land described above, includinq the fee title ownera, contract for deed vendees or vendors or holders of any other interest under coatract f or deed, option or otherwise. 7. Other conditiorte; The undersigned have read end uaderstand the above agreement and hereby bind themselves to it in all respects. OWNER: rt CITY OF EAGANs By; By• Its s lleyor B)~ Attests Itas Clerk ey: Its: App= Public Worka Department ~ -2- Ageada Information tdemo January 17, 1989 City Council Meeting CONTRACT 88-32, APPROVE PLANS/AUTHORIZE AD FOR BIDS (WELL HOUSE N0. 12 AND PUMPING FACILITIES 0. Contract 88-32, Approve Plans/Authorize Advertisement for Bids (Well House No. 12 and Pumping Facilities)--Well No. 12 is currently being developed in Evergreen Park with completion anticipated in the Spring of 1989. This contract provides for the construction of the related Well House, Pumping Facilities and transmission mains necessary to put this Well in service by June 1, 1989. Because this Well is located within park property, considerable coordination in the design and location of this facility was performed with the Parks Commission and their staff. Notices for neighborhood meetings soliciting input regarding the location and design of this facility were made available with no attendance by any invited adjacent property owners. The design of this facility is in coordination with the park shelter buildings concept to better blend in with the park property and its related use. The consulting engineer or Director of Public Works will be available to answer any questions the Council may have regarding the design of this facility. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 88-32 (Well House No. 12 and Pumping Facilities) and authorize the advertisement for bid opening to be held at 10:30 a.m. on Thursday, February 16, 1989. 4 STATE OF MINNESOTA) ) ss. COUNTY OF ) On this bay of , 19_ , before me a Notary Public within and for saia County, personally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each aic 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 aYfixed in behalf ot said municipality by authority of its City Council and said Mayor anci Clerk acknowleagea said instrument to be the tree act ana deed of saia municipality. Notary Public STATE OF MINNESOTA ~ sg• COUNTY OF 2AK PERSONAL ACRNOWLEDGEMENT o~ ~ ) On this jgtjk day of , 198S, before me a Nota y Public vithin and for said County, personally app ared Xr~,,,,e.~,a L;k\jeH Q41a d to me known to be the personc~ described Sn and who executed the foregoing instrument and acknowledged that ~ e eguted the same as free act • and deed. , "wv"Of MAP --as~a No ary Pub13c ~ MAAIIYN L NNCNEAPFEIAIG u NOipRY PUBLIC - MINNESOTA ftDAKOTA COUNTY My CommisslM E7~4 Feh Q 7~77 ~7 Agenda In:ormatioz A:2mo October 6, 1988, City Council Meeting 3. Project 450, Williams & LaRue lst Addition (Parcel 10-01400- 030-53) Enclosed on pages ~ through ~~--is background information pertaining to this objection. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 450 (Williams & LaRue lst Addition) as it pertains to Parcel 10- 01400-030-53 and authorize its certification to the County. ~ , etV OF cagC9n 3830 PILOT KNOB ROAD. P.O. BOX 21199 VIC ELLISON EAGAN, MINNESOiA 55121 . naoyor PHONE: (612) 454-8100 THOMaS EGAN DAVID K. GUSTPFSON PAMEIA McCREA iHEODORE WACHTER Counca Members September 21, 1988 nroMasHeocEs ' CM Adminisirmor EUGENE VAN OVERBEHE ON Cie& MR & MRS KELMER L BRATLAND 1085 WESCOTT RD ' EAGAN MN 55123 Re: Parcel 10-01400-030-53 Projects 450 & 467, Special Assessment Objections Dear Mr. & Mrs. Bratland: Z'he Special Assessment Committee met on June 30, 1988, to review and consider your objections for the special assessments of $3,960 for Project 450 (Williams & LaRue lst & 2nd Addition - Trunk Storm Sewer) and $24,564.55 for Project 467 (Wescott Road - Streets & Utilities). Enclosed is a copy of the portion of the minutes pertaining to your specific assessment objection. You will note :that the Special Assessment Committee recommended that the proposed assessments of $24,564.55 associated with Project 467 be reduced to $5,667.30 subject to the execution of the agreement associated with Special Assessment Policy 86-3, a copy of which is enclosed for your information and execution. If you would like to have the assessment reduced through the execution of this agreement, it must be executed and returned to my attention prior to or at the Council meeting of October 6 (Thursday), 1988, at which time the City Council will formally consider the comments and recommendations of the Special Assessment Committee and your objections as they relate to the proposed special assessments. Sincerely, ~ Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Deanna Kivi, Special Assessment Clerk Enclosures ,.THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIIY NOTICE OF ASSESSMENf HEARING CITY OF EAGAN D6BOTA COQNTY9 MINNESOTA NOTICE IS HEREBY GZVEN, that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 6t 1988, at 7:00 p.m. to consider the proposed assessment of Parcel # 10-01400-030-53 for Project U 467 & 450 in Eagan. The proposed area to be assessed is deseribed in the assessment roll on file xith the City Clerk in his office, which roll is open to publie inspection. Written or oral objections will be considered at the publie hearing. An owner may appeal an assessment to district court pursuant to M.S.A. 429.081 by serving notice oF the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the Distriet Court of Dakota County rrithin ten (10) days after service upon the Mayor or Clerk. Further information relating to these assessments may be obtained from the Special Assessment Division of the Finance Department and any questions should be directed to that Division. Dated: September 22, 7988 E. VanOver e e Ci Clerk, Eagan ~ SPECIAL. ASSESSME~''7P COhMITTLE MINT= . ' "JUNE 30, 1988 PAGE 2 L(7T 203 BIOXIC 1, I.G7CINGIY)N SQUARE ADDITION VINCE BAZZACHINI Public Works DirecCOr Tom Colbert sCated ChaC Wescott Road had been upgraded from a rural gravel raad to a fouz-lane roadway with concrete asb and gutter, bituninous surfacing, sidewalks and traiLways fran Lexington Avern.ie to a point 1/2 mile to the east. The canpleted improvemenCs intercept Che public drainage which used to nm across the private property and coLlects it and conveys it to an tmdergrownd storm sewer system. The assessments were Leva.ed at a vniform rate equally over ail similar zaned properties and amount to a dollar figure of $735.20. Janet Bazzachini appeared as a landowner objecting to the assessment. Ms. Bazzachini irdicated that the upgrading v£ the road had made 25 feet o£ their land inadequate. Public Works Director Tom Colbert sLated Chat the restoraCion done was to control erosion and that arry sodding thac wovld be needed would be Che obligation of the landowner but that it may require some raking, etc_ to prepare the grrnad for sodding. Merkley stated that he thoughC the landowner was cancernEd thac the ground could not be mowed in its present coca3ition; but, the change in the gradE o£ the slope was necessary because o£ the width of the road and that it appeared to be reasonable. Merkley asked Public Works Director Colbert i£ iC would be possible for the City to have a bobcat go out to the site to perform necessary work thaC woul.d place the land in suitable condition for sodding. Colbert indicated that it would be done. Egan moved, Mexk].ey seconded the wCion to reaffirm the original assessirent. A11 wCed in favor. PARCEL 1QJ01400-030.53/KELh1F',R BRp1'LAND Public Works DirecCar Tom Colbert stated that isnder 1'roject 467 the City had insCalled sanitary sewer, water main and storm sewer uCiliCies in.addztion to.urban streeC and Crailway improvements upon WescoLt Road. Upon acreage, location and development potential of• Che property the assessments were calcul.ated to the figure of $24,564.55 which could be reduced to $5,~:7.30 subject to the properCy owner execuCing the proper agreement in u:°ordance wiCh Special Assessment Policy 86-3. This policy would allow Ch.'~ity to levy only those assessments benefitting the single zesidential use-o£ the property and postponing the remainder of Che - assessment until the property is fzsther subdivided. A letter subni.CCed by Kelmer Bratland indicated that he objected to the assessment as it conferred no benefit upon his property. Public Works Directoz Tan CoZbert indicaCed that Mr. BraYland was not in concurrence with Policy 86-3. . - a_a ~cNVU. :rt - _ SPECIAL ASSPS~1iTP CCiVITTEE MINLifES " .JUNE 30, 1988 ' • PAGE 3 Egan moved, Colton secanded the motion to affirm the proposed final assessment subject to the avaiZable reduction under Public Policy 86-3, i£ and onZy if, Mr. Bratlard execu[es the appropriate doctments required under the policy. A11 voted in favar. WILLIAMS & IARUE 15T ADDITION STOItM SEWER ICLIMCR BRATCADID Yublic works AirecCor Tom Colbert sCated that uncler ProjecC 450 the City installed sanitary sewer, water main and sCarm sewer services Co service the Williams & LaRue 1sC arid 2nd-.Additions which are located adjacent to and west o£ Mr. BraClanci's pznperty. The storm sewer i.mprovement provides drainage to Mr. Hratland's property. Mr. Bratland had never been assessed for a tnmk area storm sewer improvement. Of the 4.75 acres of property awned by Mr. Bratland and after applying the "Iarge lot credit" vnder Special Assessment Policy 82-4, the residval net assessable area was reduced Co 1.89 acres and assessed at the single-family residential/ agrzcultural rate. The prooerty bene£its by havi.ng a controlled storm sewer outlet provided for tha pondirig area that incorporates a portion of the Bratlarxl property. I"erkleY moved, Egan secanded Che moCion Co reaffirm the original assessmenC with Che application of Special Assessment Policy 82-4. All voted in favor. HOLLAAID LAKE 'iRUNK ST'ORM SEWII2 MAI2TIN DES LAURIERS Public Works DirecCOr Tom Col,bert sCated thaC vzxler Project 444R the City installed a ccmplex tnmk storm sewer system generally located along CZiff road: IC prwided for the installation of a sCozm sewer lift station on Mr. DeslaLzriers' property providing a controlled outlet struceure for the pond located adjacent to and easC of DesLauriers' property. The City's appraisal report performed by I}ahlen & Dwyer, Inc. indicates that the increased mazket value is less than the praposed assesscrent att1 tliat the Staff's recawendation is that the proposed £inal assessment be reduced fh $9,500.00,per the appraisal. A letter iw.is submitted by MarCin and Marie DesLauriers indicating thaC they obje-:__;d to Che assessment buC would be out of town on the night of the meeting_-.IC is the landowners' posiCion that Che project did not provide any be::efits to their property. Public Wozks Direceor Tan Colbert indicated that DesLauriers were not eligible for the "large lot credit" beCause their parcel was larger Chan S acres. Mr. DesLauriers was not eligible for the "large 1pt credit" since it can be anCicipated that Che lot wou2d be subdivided aC a future daCe. There was a credit given for future zight-o£-way and easement dedications. Twaddell asked whether or not there was a credit given far the lift station. Colbert indicated that the lift station had just been acquired Chrough condemnation process ri 4 • p~~. j~ . 7~tyf s 1r ~sxxar~rT i SPBCIAL ASSgSSlIENT ppLICY 86-3 'CITY OF EAGAN ASSESSMENT AGREEMENT ONDSVELOPBD/AGRICDLTpRAL gpMING 1380.78CR' NO(S), 467 & 450 THIS AGREEMENT Elated thi$ 6th the CITY OF EAGpt~7, (called Cit day of occober 1988 Kelmer L. Bratland , 8na , between 1085 Wesco[t Road (called Ownex) Og WHEREAS r (address); premises in DakotaCCo~yproposes to assess the following described description) zax Parcel io~oiMoo 03o~53a' owned by Owner: (legal • E 330 FT OF W 660 FT OF S 660 FT DF W 1/2 OF SW 1/4, SECTION 14, T 27, R 23 for khe followin im 9 pravements pursuant to City Project(s) 450467 r S wer Lateral Benefit From Trunk iJater Main, L ter L Benefit From Storm Sewer & S[reets - WHEREAS, assessments would normally be based upon the total frontage area of.:said premises, and/or singleHuseASandhe present use of said property is homestead for a WHEREAS, the highest and best use oE the property may be at a different zoning, higher dertsxk}, or raore intense use than presently existsl NOWr xHEREFORE, upon cOnsfderation of the mutual covenants herein, the parties agree as followa; 1. The City agrees to assess said property ror the Project and purposes described above at its present singular use, in accordance with Special Assessment Policy No. 86-3. 2. The Owner agrees for himself, his heirs, executors, administrators, successors, and as$j,gns, that if the actual use of said property is changed in the f uture to a use or zoning category which is greater than its present use, the City may reassess or levy a supplemental asseasment at such time based on the assessable units (frontage and/or area) postponed under this referenced projeot at the appropriate zoning classification assessment rates, according to City policy, in effect at such f uture time. ! MEMO TO: THOMAS L HEDGES, CITY ADMININSTRATOR , FROM: THOMAS A COLBERT, DIRECTOR OF PUBLZC WORKS DATE: MAY 25, 1988 SUBJECT: MISCELLANEOUS ISSUES - CONCERNS OF MAYOR ELLISON On May 23, you forwarded to my attention a memo identifying a variety of issues that have been brought to the attention of Mayor Ellison with a request for a status report. Wescott Drive/Braatland's Property Apparently, there is some problem of acceptable work of the restoration on the Braatland property. However, we are unable to make contact with the property owner to find out specifically what his concerns are. Enclosed please find a letter sent to Mr. Braatland on May 4 requesting that he follow through on his concerns by contacting the appropriate City personnel. Any further contacts from Mr. Braatland should be addressed by requesting that he identify his concerns in writing so that we can properly respond to specific issues. ~ ek~ rylil 2. /32~d r~ aN A, U LA^C 14zV 4444 ~ /41~ a....~ . ~ ~..b...~ &&f"L4 1-j-~ -t7 "1 -4 I '~`.~7° °w~°~•` ~ C ;'-E=Y,~- MEMO TO: THOMAS L HEDGES, CITY ADMININSTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 25, 1988 SUBJECT: MISCELLANEOUS ISSUES - CONCERNS OF MAYOR ELLISON On May 23, you forwarded to my attention a memo identifying a variety of issues that have been brought to the attention of Mayor Ellison with a request for a status report. Wescott Drive/Braatland's Property /U-viYuo -030-S3 Apparently, there is some problem of acceptable work of the restoration on the Braatland property. However, we are unable to make contact with the property owner to find out specifically what his concerns are. Enclosed please find a letter sent to Mr. Braatland on May 4 requesting that he follow through on his concerns by contacting the appropriate City personnel. Any further contacts from Mr. Braatland should be addressed by requesting that he identify his concerns in writing so that we can properly respond to specific issues. Erosion Control/Byron Watschke With pressure from the City Engineering Division, it appears that lot restoration efforts have been initiated. However, we are skeptical as to whether it will be completed in a timely and acceptable manner. We will continue to monitor progress of this activity to ensure satisfactory results. Harvey's Heritage Addition All easements have been acquired necessary to allow the approval of the final plat for Harvey's Heritage Addition as well as the award of the contract for the construction of Braun Court. Bids_,. were received on May 24 with the low bid coming in under the , estimate contained in the Feasibility Report which should allow the contract to be awarded barring any unforeseen errors associated with the evaluation of the low bid received. It is anticipated that the final plat will be approved and the contract awarded at the June 7 Council meeting. South Widgeon Way/BOUlter I am aware of the concerns of Barb Boulter regarding the construction traffic and her concerns regarding safety of the children in the neighborhood. I have spoken to her regarding this issue in response to her request for "Slow - Children Playing" signs and explained to her that the installation of those signs are not appropriate at non-city park locations. Aer further concerns regarding "excessive" truck traffic are inappropriate as there are limited occasional trucks using Widgeon Way to complete the construction of the St. Francis Woods 4th Addition townhouse project. This is a very slow development THOMAS L HEDGES - PAGE 2 with minimum construction activity. The term "excessive" is a relative term and in Ms. Boulter's case is being used to imply "more than one". There is nothing the Police Department could do as there are no restrictions for truck traffic for construction purposes. This has been explained to Ms. Boulter on a "neiqhborly" basis. Drainaqe On Slaters Road Attached you will find copies of correspondence regarding this issue. After personal evaluation of this situation, I do not feel it is appropriate that any further time or money be spent by the City pursuing this private drainage problem. The only time he has had a drainage problem is during the spring runoff with frozen ground conditions which quickly disappear and is not a permanent or long standing drainage problem. Unless directed to the contrary, we will not be providing any further involvement or response regarding this matter in relationship to other issues which have more merit. Safari Trail & Galaxie Monuments I am not aware of any concerns or problems regardinq the monuments around Safari Trail or Galaxie Avenue. With more specific information, further investigation and reports can be provided. I hope this adequa-tely addresses the concerns and issues raised by the Mayor through your memo of May 23. If any additional information or action is required, please let me know. / Direct r of Public Works TAC/jj ' Attachment ~ +Yt.d I I.~1d Ono G. Bonesroo. P.E. IfNM A. GorGOn. P.E. Tliams W. Peterson. P.E. CNrles A. bktson NnEert W. Rofcne. P.E. Ri[IUrG W. FoYeG P.E. Mk1uN C. LynclL P.E. Leo M. Pawel,ky ~U j T 7 ones t roo Jouph C. MCetlik, P.E. ppnulC C. BulqaM[, P.E. Jamei R. MalanE, P.E. Hatlan M. Olson Rosene BraalorG A. Lem~erg, P.E. Jerry A Bour7on. P.E. 6enneN P. MGerson, P.E. Suun M. EOerln Ri[harU E. Tumer. P.E. Wrk A. liansory P.E. ftN A. Bxhmapn, PE. Mark A. Seip ~ Anderlik & "mn C. Olson, P.E. &d K. FbIE, P.E. . Mark R. pWly P.E. Glervi R. Cook, V.E. MiWel T. RauuNnn, P.E Fopert C. Rufsely A.I.A. Tnanas E. Noyxs, P.E. Fooert R. Pfelkrle, P.E. Tlwnas E. Angus, P.E. Associates Robert G. SOwNCd, P.E. OaviC Q Infknq P.E HowarG A. SantwG, P.E. Marvin L Sornfla P.E. Englneers & Archltects May 4, 1988 Mr. Kelmer Braatland f~,L ,1085 Wescott Road Eagan, MN 55123 r +j/`3~ Re: Wescott Road Contract No. 86-13, Project 494B Our File No. 49381 l~ ~ • ~ . A . Dear Mr. Braatland: A couple weeks ago Tom Colbert informed me that you had some problems with some of the restoration work done on your property ae a result of Contract 86-13. I vanted to discuse this vith you so Z called your house. You vere not home so I left a message requeating [hat you call me. I have not yet received a call aad today I again phoned your house but there vas no ansver. If you vish to discuss this matter please feel free to call me at 636-4600 at your convenience. , Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. ~ ~Jerry A. Bourdon. JAB:ci 01 2335 West Highway 36 0 St. Paul, Minnesota 55113 • 612-6364600 ity oF eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 BFA BLONQUIST ' EAGAN, MINNESOTA 55121 MOyOf PHONE: (612) 454-8100 7HOMA5 EGAN .14MES A. SNIIH VIC EllI50N November 12, 1987 TM~a~~a 7HOMAS HEDGES KELMER BRATLAND dlyMmin¢holor 1085 WESCOTT ROAD EUGENE VAN OVERBEKE EAGAN MN 55123 crcy crenk r-_~- - - - _ Re: Project #450 & 467,fParcel-#10-01400-03.0-53) Special Assessment Objection Dear Mr. Bratland: On September 21, 1987, I forwarded to your attention a letter indicating that your objections to the special assessments proposed under the above-referenced project were continued and forwarded to the Special Assessment Committee for their review. At that time, it was anticipated that the Special Assessment Committee would meet prior to the end of the year. However, it is now apparent that the committee members will not be able to meet until the first part of February, 1988, at the earliest. You'll be notified in writing at the earliest opportunity upon the determination of the specific date for this future Special Assessment Committee meeting to review your objection. We apologize for the continued delay in resolving your objections and appreciate your continued patience and understanding. Sincerely, /?9 26~, k/Y omColbert, P.E. Director of Public Works TAC/jj cc: Paul Hauge, City Attorney Deanna Kivi, Special Assessment Clerk THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN ity oF eagcin 3830 PILOT KN08 ROAD, P.O. BOX 21199 BFA eLOrvl9uist EAGAN, MINNESOTA 55121 Mror PHONE: (612) 454-8100 THOMaS EG/w .WMES A. SMItH V1C ELLISON September 21, 1987 niEOOOaewncrrtER CAUn[il Members rHoMas HeoGes CINAdmin'shalor KELMER L BRATLAND EUGENE VAN OVERBEKE 1085 WESCOTT ROAD cmc~ EAGAN MN 55122 Re: Project $450,-Parcel #10-01400-030-53-.7 Special Assessment Objection Dear Mr. Bratland: At the formal public hearing before the City Council, you submitted a written objection to the proposed final assessments against your property for the improvements associated with that project. Subsequently, the Council deleted your property from the final assessment roll that was formally adopted and certified to the County for certificafion onto the tax rolls. Your objection was then referred to the-Special Assessment Committee for an in-depth review of the improvements, the related benefit to your property and the proposed assessments. This Special Assessment Committee is comprised of two Council members, two Planning Commission members and three residents of the community. After their review, they will forward a recommendation to the City Council for formal consideration of final adoption of the proposed assessments. The Council's consideration of the Special Assessment Committee's recommendations will be held at a future formal public hearing and mailed notification similar to the public hearing process you recently completed. While there is no definitive schedule for the Special Assessment Committee meetings, it is not anticipated that this item will come before that Committee any sooner than November/December, 1987. When the Special Assessment Committee meeting has been scheduled, you will be so notified in writing with a request to provide any additional information or appraisals you may have compiled in the interim. Once all this information has been gathered , a staff , report will be prepared for the Committee meeting with a copy forwarded to your attention prior to that meeting. THE LONE OAK iREE.. .THE SYMBOI OF STRENGTH AND GROWfH IN OUR COMMUNIIY September 21, 1987 Page 2 In the interim, this special assessment will continue to be listed as a"pending" assessment but there will be no interest accrued beyond the amounts proposed at the time of the recent final assessment hearing. If you have any other questions regarding this procedure or your assessment, please feel free to contact me at your convenience. Sinc~ely, 'Fhomas A. Colbert, . . Director of Puhlic Works TAC/jj ec: Paul Hauge, City Attorney Deanna Kivi, Special Assessment Clerk ity oF eegen 3630 PILOT KNOB ROAD, P.O. BOX 21199 eEA BLOM9Ui5T EAGAN, MINNESOTA 55127 Mwa PHONE: (612) 454-8100 h+,pMqS EGpN JPMES A. SMIIH September 21, 1987 MCELLISDN THEODORE WACHTER Coundl Nletnbea THONVS HEDGES Cfly P.tlmimshobr LL EUGENE VAN OVEReEKE Re: Project 467, Wescott Road (Streets & Utilities) Notice of Continued Final Assessment Hearing - Oct. 6, 1987 Dear Property Owner: On September 15, a final assessment hearing was held before the City Council regarding the improvements associated with the above-referenced project. Prior to that meeting, you were mailed a notice of that hearing which identified the proposed assessments against your property. Unfortunately, the amount referenced in that earlier notice did not accurately reflect the total financial obligations of your property in relationship to the improvements for that project. The amounts that you were previously noticed for were based on the assumption that you would execute an agreement with the City postponing the additional assessments until such time that your property were ever to be subdivided or developed to a greater intensity than presently exists. Because of this improper notification, the City Couneil continued the final assessment hearing for your property until October 6 to allow staff to provide you with a formal notification of your property's total obligation. You will still have the opportunity to execute the appropriate agreement which will allow your assessment to be reduced to the amount that you were originally noticed of. As mentioned previously, if you execute the appropriate agreement, the significant difference between your previous noticed amount and the one enclosed with this letter can be postponed at no interest or carrying charge until the time of further development. If, and when, your property should e.ver be subdivided or developed to a higher use, the assessments to be levied at that time would be in accordance with the rates in effect at the time of change of use of your property. We cannot accurately state or guarantee what those future rates will be. That is why you are being given the opportunity to pay your property's entire obligation at the present time or posCpone a significant portion of it to a later date at yet to be determined rates. THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIiY , i September 21, 1987 Page 2 This special assessment policy providing for this postponement is made available to those homeowners who currently homestead large tracts of property adjacent to proposed City improvements and is based on assessing only 100' of frontage and 1 acre of area. If you have already submitted a written objection at the September 15 meeting, that objection will still be honored at the October 6 meeting without having to resubmit the new objection. However, it is necessary for us to formally notice you of the increased obligation and the necessity to execute the appropriate agreesent to have your assessment obligation reduced accordingly. If you would like additional information regarding this policy or the agreement, please feel free to contact me at your convenience prior to October 6. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Paul Hauge, City Attorney Deanna Kivi, Special Assessment Clerk Enclosure . . . . . . . . r . HOTICE OF SPECI6L 9SSFS.4MMT Pswject t 467 The EAGAN CITY COUNCIL vill meet on Occober 6, 1987, at 6:30 p.m, at bhe Eagan Munieipal Center, 3830 Pilot Knob Road, Eagan, Mn, to approve and adopt the special assessments against the following described property: _ 0.3o-S3 , - ' , . i ~ . . . , _ _ . ~ . , , . . r . The dollar amounts (by assessment type) and years of assessment are as follows: TOTAL AbIDT09L TOTAL 9NNUAL PRZNCIPAL PRINCZPAL PSINCIPAL ' PRINCIP6L _ S9NITARY 6MODNT N0. YRS. g!lOONT AA'IER k!(OONT N0. YRS 1lfOQNT Area . Mea . *S~Sd.So 1S` 37L'.7o Laterals Laterals Lat Benefit , Lab Benefit from Trunk from Trunk 3 I . a-S . . . SERVICES . , ; Services . . . . - , , . ' , . . . . . . STORM . .,:STREE2S + , . . Area . - • Grading/ - ' Gravel Base Laterals 3 a 3o o o? rT. U Surfacing Res Equiv I ~ I 3-7, 5o f5 -74,2,~o , GR9ND TOTAL PEINCIPAL Any portion of the total amount of these.special assessments may be paid within thirty (30) days, speci£ically on or before November 5, 1987, without interest at the Eagan Municipal Center. The unpaid balance will be collected in annual installments (prineipal and interest) on your future property tax statements through the Dakota County Auditor's office in Hastings. • Annual installments will inelude interest at the rate of a'S% per year on the : unpaid balance. The first year's installment on this balance appearing on the tax state- ment will include the interest from Occober 6, 1987, to December 31, 1987, plus interest for all of 1988. ' * Assessment obligation without the execution of the appropriate agreements. ( 0 V E R ) , - - The proposed assessment roll is on file with the City Clerk. The assessments related to this pro3eet total $ 357,853.38= and the area is as follows: Lot 4, Williams and LaRue lst Addition; the East 990 feet of the South 660 feet of the SW 1/4 of the SW 1/4; and the SE 1/4 ofthe SW 1/4, all in Section 14, Township 27, Range>23, including Greenshoro lst and 2nd Additions and The West 394.50 feet of the North 436.50 feet; and Lots 18 tlirough 31, Block 1 and Outlot A, Lexington Square Addition all in the NW 1/4 of Section 23, Township 27, Range 23, including Lexington Square 2nd, 3rd, 4th, Sth, 6th and 7th Additions. Al1 the above parcels being in Dakota County, Minnesota. Written or oral objeetions will be considered; no appeal may be taken as to the amount_of any assessment unless a signed written objection is filed with the clerk prior to the hearing or presented to the preaiding officer at the 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 sueh notice with the distriet court within ten days aPter service upon the Mayor or Clerk. The City has a Senior Citizen deferment ordinance based on ineome and homestead status. Details are available by calling the Assessment Department, 454-8100. Please note that you will receive additional notice on this matter only if the amount due is amended. If you have any questions concerning this matter, please call Special Assessments at the City of Eagan (454-8100). . . _ . , ..:,z,; . . . . . . r. . . . . . . , . _ . . _ , . h: 4 ~ , . . . . . o, ~ . . :~k b „ , . City of Eagan 3 { 3830 Pilot Knob Road Eagan, Minnesota 55122 - . • . • z. _ . .v. . . , , _ . . _ ~ , _ . ..H:C.. . . . , . . , ~ . , . . . ~ - ` . . . . . . . . , . 9... . . , . , ..e . . ; 4 , . . , . . . . . ...:...i ' ' , .~i~:-.: . . . . . - . . - . ~ . ~ . ; _ : . . ' . . . - . . . . ~ , . . . . ~ . : ~ . . ' . . . ~ . . . i _ . . , x...,.. ~ -..r . . . - ~ . . . , . . . . . :.....:'.j' - . f~ i - ~ _ . . . . v . . . . . •~6H ~ . Z.:.y.~ . . . . • . J::1.1 ~ ` ):.f _iA Y'!w' . . . . . . . . . . :.ji{f.. . . .,..,y . . _ , ' , . , ' ~ . . . _ r [ f - . . . . . . . ..li . FI '~r:. 0--citVoFeagan 408 ROAD. P.O. BOX 21199 - - JESOTA 55121 I KELMER BRATLAND 1085 WESCOTT ROAD EAGAN MN 55122 1!., Q 3O 3 ?---citV oF e~gcln NOB ROAD. P.O. BOX 27199 NESOTA 55121 . . . . MARGE TILLEY 1055 WESCOTT RD EAGAN MN 55123 ~ o ~~-s3 Msoty oF ecacjan _ NOB ROAp. P.O. BOX 21199 . . . . NESOTA 55121 ~ IRVEN DAHL D . / 1025 WESCOTT RD EAGAN MN 55123 ~ CJ 5c) -55 ~ . , Jvvi HnuGE, EinE & KFzLEx, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SVITE 303 1200 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 PAUL M. HAUGE AaEn COOe 612 KEVIN W.EIOE TELEVHOrv[456-9000 DAVID G.KELLEfl 454 4Z24 IORI M. BELLIN DE6RA E. SCHMIDT October 16, 1986 Mr. Tom Colbert City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Wescott Road Project 467 - Kelmar Bratland Dear Tom: I'm enclosing a copy of a Street Construction Easement dated .Tune 3, 1986 between the City of Eagan and Kelmar Bratland. You'll note that attached to it is a drawing that apparently was done by Mark Hanson. We did not enter into a more detailed agreement concerning the extra work to be done on the property, but we met with Bratlands on May 29 and lune 3 including Mark Hanson. It was that day that the Bratlands signed the easement and Mark agreed that a certain amount of fi11 would be placed on the southeast corner of the property, including moving trees about seventeen feet to the north. The City would replace the dead trees and seed following construction work. In addition, Mark stated that he would figure the cost and whether there would be additional fill material available, and I'm not certain exactly what came of that. In addition, Herb Dahl, a neighbor to the eaet, indicated he had three or four trees that he would give to the Sratlanda if the city would move them. There was discussion about the fence and Mark said that he would not need to move the front fence unlesa there was fill that was put in. Bratlands wanted the fill to slope back gradually, but did not want a wall. I don't have any other information and would suggest that if there were questions, that you might talk with Mark Hanson about them. Sin ly, HAUGE,;EIDE & KELLER, P.A. / ~ t~.-'~Paul H. Hauge PHH:jjm Enclosure' , , Ylo ~ TEHPORARY STREET'CO145TRUCTION EASEMENT THIS INDENiURE, maae ana enterea ioto [hia ~ aay of 1986, Dy ana Detween RELMAR BRATLAND ana LILLIAN BRATLAND, hu ,anu antl vife, as Grantors ana the CSTY OF EAGAN, Dakota Couaty, State of Minneeota, ae Grantee. WITNESSETH fiHEREAS, eaia Grantora are the ovner o£ che tracta of lana in the City.of Eagan, Dakota County, Minneaota, legally deecribea as follwe: A temporary conetruction eaeement over the North 10.00 feet of the South 43.00 feet of che Eaet 100.00 fee[ of the East 20 roae of the Wee[ 40 roas of [he South 40 rods of the West Half of the 5outhweat Quarter of Section 14, Townehip 27, Range 23, Dakota County, Minneeoca. Saia temporary eaeement to expire: June 15, 1987. NOW THEREFORE, the eaia Grantore in coneitleration of One ($1.00) Dollar ana other gooa ana valuaole conaiaera[ion to them paitl by Grantee, receipt whereof is hereby acknowleagea, hereby conveys, warrants ana aeaica[ea to eaid Grantee, ite auccesaors ana aesigns, for a term of tvo (2) yeara from [he aate hereof, an eaeement neceesary for the conetruction of slopes of cuta ana fills upon the lana above deecribea. The LanO upon vhich the elopee of neceeeary cute ana fills are to be conetructed ie to remain the property of eaia Grantors for eaia perioa ana may be ueed by themselvee, their euccesaors ana sasigns for auy laWful purpoee deeirea, proviaed such uae coes not aamage, aeetroy or veaken the aupport of the atreet aCjacen[ [o the above aescribed property. Saia Gzantors, for themselvee, their auccesaors ana aesigns, hereby release the said City, its officere ana agente from any ana all liability and claims thereof concerning saia premisee, that zeeult or may reault therefrom by virtue of conetruction of the street sajacent to the aDOVe aeacribea property. All earth or ocher material necessarily excavatea, removea or taken from eaia premisea in the construction of eaid etreet shatl become the property of eaia City to be removea, or uaea in conetruc[ion of naia atreet or otherwiee aiapoeeo of ae saia City may aeem fit. IN WITNESS WHEREOF, eaid Grantore have hereunto eet their handa ano aeals [he aay and year fire[ above vritten. 4BLiliian a a - atIana a STATE OF MINNESOTA) ) es. COUNTY OF DAKOTA ) On this O aey of before me, a Notary Public within and for saiq"Cou y, pereonally appearea KELMAR SRATLAND and LILLIAN BRATLAND, huebana ana vife, to me knovn to be [he pereone neacribea in, and vba executed the foregoing inatrument, and acknovleaged that they e:ecuted the same as their free act and ceea. . VGL~ Notary Public THIS DOCUMENT DRAFTED BY: HAUGE, EIDE e KELLER, P.A. 1200 Yankee Dooale Roaa Water Viev Office Tower, Suite 303 . Eagan, MI1 55123 pAULHW`~GE (612) 456-9000 HpTUrvrueua~y,~sa~o~~ ~ yy cemmbslen EV EXEMPT FROM STATE DEED STA.*SPS . . ~ - 3 -~6 Pi.A"T LXISTiNG PiNCS 1~S ReQv(v~N,p Z•) ~rw{ou6 lkNO Re:[,uNr('}ZUCT 9 X. Q-YCtD1?E ~?-Kc(5 3•) PkoutoE kw E CotiSnt.ucZ' s': ~ swPE ~--OovA S,Ot wpkC:tc ' ~EEI~ 4C.L ~ i s ru K i3E CJ fEQE~S 91 ~ / Lt'L ~ I I / I / / f I W ST~~2~ SEWCi yF,ter j ~ L zNU. t4z.sv „ / vs t q / -3~ ~ - T ~n ~oN d RE. rE wA K N M I . oLt •~I _ ~ rE. G3o-S3 ~r ~-~s~IaENT <15 m P~Klk ity oF eegnn 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOM9UiST EAGAN, MINNESOTA 55121 MOYOf PHONE: (612) 454-8700 niOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER December 16, 1985 cou.ann~oa„ THOMAS HEDGES Cky Atlmviistrafw EUGENE VAN OVERBEKE ciry c~k MR KELMAR BRATLAND 1085 WESCOTT ROAD EAGAN MN 55123 Re: Project 404, Easement Acquisition - Tree Reglacement Parcel #10-01400-030-53 Dear Mr. $ratland: As you are aware, as a part of constructing the sanitary sewer under the above-referenced project to service the Lexington Place South Addition, the City negotiated the acquisition of a temporary construction easement from you to allow the installation of this sanitary sewer. As a part of that easement, the City agreed to temporarily transplant and then relocate 13 pine trees located in the southeastern corner of your property. After the completion of this relocation effort, it was discovered that two trees died. Therefore, this letter is meant to serve as a commitment to you by the City of Eagan that the City fully intends to replace those dead trees with a similiar species of comparable size and maturity during the spring or early summer of 1986, and no later than June 15, 1986. I apologize for the inconvenience that you had to endure durinq this construction process, and greatly appreciate your patience and understanding in allowing the City to respond to your concerns pertaining to the proper restoration of your property. If you have any additional concerns or questions pertaining to any aspect of this project, please feel free to contact me for a proper response. Sincerely, 7-7~a,~ Thomas A. Colbert, P.E.?~eL Director of Public Works TAC/jj cc: Jerry Bourdon, Project Enqineer THE LONE OAK TREE. ..THE SYMBOL Of STRENGTH AND GR01NTH IN.OUR COMMUNIIY ity oF eagan 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOM9UIST EAGAN, MINNESOTA 55121 Mw°` PHONE: (612) 454-8100 THOMns EGAN JAMES A SMITH JERRV THOMAS THEODORE WACHTER Coumil Members October 1, 1985 7HOMASHEDGES ' Gry Atlrrvrvstroror EUGENE VAN OVERBEKE City Clerk MR & MRS KELMAR BRATLAND 1085 WESCOTT ROAD EAGAN MN 55123 Re: Project #404, Easement Acquisition Replacement of Pine Trees Dear Mr. & Mrs. Bratland: At the City Council meeting of September 17, 1985, you made a public inquiry as to when the City of Eagan would replace the three black hills spruce trees that have died as a result of the replanting required by the construction of sanitary sewer along your east property line. On January 11, 1985, our City Attorney, Paul Hauge, sent a letter to your attorney, John Trojack, with a copy to your attention, providing a breakdown of the $5,000 award that was agreed upon by all parties for damages incuried for the acquisition of the temporary easement. A copy of that letter is again enclosed for your information. The Commissioner's award of damages in the amount of $5,000, that was adopted on .Tanuary 9, 1985, provided $500.00 for the reimbursement of watering the trees that were relocated. In addition, as a condition of this award, a copy of which is attached, the Commissioners attached an Agreement prepared by the City of Eagan committing the City to replacing any trees that died through the transplanting process with the understanding that you would maintain and water the trees that had been relocated. - , Although you accepted the Commissioner's award as a settlement, you refused to execute the Agreement attached as a condition of that award. The Agreement you recall executing was a revision to the Commissioner's Agreement which required the City to maintain responsibility for watering the trees even though you were compen- sated for that responsibility in the Commissioner's award. That is why the City did not approve nor execute your revised Agreement. Consequently, the City does not have any written agrement with you obligating it to replace any trees that died. However, we THE LONE OAK TREE. ..THE SVMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIiY ; MR & MRS BRATLAND PROJECT #404 OCTOBER 3, 1985 PAGE TWO will replace those portions of the sodded area that did not take. If you would like further clarification resulting from my research of this issue, please feel free to contact me at your convenience. Sincerely, Thomas A. Colbert, P.E. G Director of Public Works TAC/jbd enclosures cc; Paul Hauge, City Attorney Je.r_ry uro don-,,Project Engineer IV. NEW BUSINESS S. PROJECT 450, WILLIAMS & LARUE 1ST ADDN STORM SEWER 1. Kelmer Bratland (Parcel 10-01400-030-53) BACKGROUND INFORMATION This project provided for the installation of sanitary sewer, water main and storm sewer to service the Williams & LaRue lst and 2nd Additions which are located adjacent to and west of Mr. Braatland's property. While the sanitary sewer and water main provided service only to the Williams & LaRue Additions, the storm sewer improvements provided drainage to this development as well as Mr. Braatland's property. Mr. Braatland's property had never before been assessed for trunk area storm sewer improvements to finance the major trunk storm sewer facilities necessary to handle the runoff from his property as well as all others within that drainage district. Of the actual 4.75 acres of property, the net assessable area after applying the "large lot" credit per Special Assessment Policy 82-4, the residual net assessable area was reduced to 1.89 acres and assessed at the single-family residential/agricultural rate. After a series of public hearings, the original project installation was approved on July 15, 1986, with the final assessment hearing held on August 18, 1987. Enclosed on page is the written objection submitted by Mr. Braatland reg rding this trunk area storm sewer assessment. Enclosed on pages a ;k.- through .3 9_ are location maps showing the relationship of Mr. Braatland's property to the improvements installed and calculations of the final assessment figure. STAFF RECOMMENDATIONS With the proper application of Special Assessment Policy 82-4, staff feels that the assessment was properly calculated and allocated to all benefitted properties consistent with all other Special Assessment policies pertaining to trunk area storm sewer. It is staff's contention that the property benefits by the referenced amount by having a controlled storm sewer outlet provided for the ponding area that incorporates a portion of Mr. Braatland's property. Therefore, staff recommends that the original assessment be reaffirmed. COMMISSION RECOMMENDATIONS/COMMENTS 3v i - ~ - - _ _ _ O' _ - - - - - - ~ . _ - _ _ - - _ . A~ _ i - . . ' ~ _ ~ - _ . - ~ , - 31 _ _ , . . ! . , ~ `md , ina ~ ca~aau LAND USE Pi -A~°~ =M G U I D E , Jnd_ ~ - PLAN , . ¢ • ~ ^ R.1 i76 In0... ? . a R~ 1 . . ~ ~ ~ 1RI. _ ~ _ P6D1 RESIDENTIAL p R-I SinQle famlly (D3urYtfacrc) ~ Jntl?~ R-II minee residentiol(36unvl/ocrc) R-pl mixetl residrntiot1'iRu9Uxre7 9 . Intl. NB R-N multiple (•RunR/oCrd ~.~b ~ LB~r RII :.Ral 'r RO I PliI ~ fl`I INDUSTRIAL l~ Pll - i~. CSC Intl. - y Ind. Intlvstriol P R-1~ \ RII _ R8G re5mrch8tlevelODment 7 -I.1^' f` = COMMERCIAL LB Iimited busine55 Ind e 'R~N NB roiqhborMOd business gl L~ G8 Oeneral business CSC <ommunity snoppinp center R RSC reBionol SAOD]inp Cmler ~R-1 R-0'-'j ' q.1 - ~ RB rootlsitle business . RN ; i' ~ ,R-p~•' • ~ ~ HS OPEN SPACE p P DorkS,quosi Dublic 5 lit LI \r , , R II ~ • J~..., ;5•. ~i i : ~ A1 '1Y ' ta ~ ~ ' E.M.F6.schaols Gg - r 1~. ~ - R_11 . P F-0i LIB R-III R ~I LB I M b M R.m SuC3JtCT-PARCEL i` \ ~y4 1 ~ ~ R-Iil R III I F J F t~ \ Rdl CSC/G9! '?:Y. C F U ` ~ i R,r R-II R-11 R II 1 'P II r lJ LB R In NLB a A 1 CSC R 1 , e P r'R-~ ` n tH .q . LB . RB LB _R-I ~"R_I .P 'R I ~ ; : I'~ ~ J f i U I RI O R-II P PGOIF P P FEB. 1980 R-0 ; . ~ R z . . _ 44 : - ~ R-1 R-11 P . . . . . . ~ i 4 ~ E~ ( R-11 p.p p , P i ~ ,,~~e . V _ C1TY OF FAGAN 1 „ i 1 i S*We 1/4 SECO 14.,T.27, aw u io ~ • ~ 1~ i Q, ` r~~; ~r~ ~ . M ~ 8 . . ~ . ~ . ~ w = ,o „ „ P ' y~ e ;a 0 ~ 7 1 V ~ In by a Y0: ' ry '~'~I 'Pa + IMfS V Q •1 ~ Z ,GS j = 1 R I 1 p~1 , ~ ~ ~ ~ •'u~ Y . f / ~n1yyF Y a I 0. 't•Q; ~ Yd Oy r e :10 O\ ` . V' ~ ~YT~~~ (yr = p ~ ~ •fl I1 - x` a ~b en ~u ~ O •~~i I .1• I O ~ ~_JL~ . • ~ f O 4' • ~ i M'Y N~.pJ 'L \ ' . ~ , 71 ' •~MaYO>'~ ~w.w._ - 13 . .L ~ .~~n. me. w~'.... , ~c ~.a w , . . , i•:i~ir:t :~:•}:titi :~:•:~}:i :v ~i:~: I , r ? ~ pP1~a c;:i?;;;?;:i:~~i~~['t'':>:::~•`•'`::~';~~:>:.i$. I ~ pN ::•:;;2?;:;~::~:'=.'-~i2::;~:s';~:'?~' ~I _ _ - • ~ ~ c~i PN'So~o d . w ~c+a s''~i~:'i; ; ~:~::;:;i; ~:;:;i;i; :::i~:;: " - 'P-0 - - :4:... •rii4.ttiwr::+n;r: rii-:~.. ~ - ~w _ ~ _ I :{1:.t:ii'.:':'.::"'fC'[:}'{' I : Q ~ - - '~:~i~:~~'~:`•i::;~~:`i2'~~i2•`:~''i;'~:`•'' ~ SuQJECT .x• g ~ ! Q, tApUE : ' ' . • ~ -PHRCEL I ~ , • 'w, , ~ i. I I e_.f`p. ry: ::;~;:;:~~:•ii::'::~; ~ ; ::?i; :~:::~i~: ~:~i:>:i;;`•i~:: I ; :~..W _ „a~ k;~^ .~~~•...a~o~»,~...a~~.~': ::19 'I-WESCOTT s. w.~ . .r..nun 33 i~ ~ 1 / . ~ ~ ~ "7'SfJ~~--- ~ l ~ ,~~,;`'f,l • . I L• , ~ ~ i ~~I i I~I~i' ' r~a,n_ ~ ~ ;I. ~ rRl ~ ,1 - ,.J ~ j`~..~- i ~ ~ ~ S~ , - , __=t=`~s~:' ' ` -j-- ; , ' -:i~~- ~ ~ ~ i.~ ' r--~-'~''~~\'~.,• ~ ~ ~.,L~ _.~L. , ~ . 1~1. ' r"; 0~.. ~ ti ~~X. ~'r ~ _ . _ - ~ ~ `0 i.:. ~`,.1 ~ ~ ` - , „y ~ ~ ,,~-.---~^x.~.--~--~---~~--~' r'~. . • ~ l ~ ~ \ P~;\ ri.~` 'Y`~..~j~1.J~ =...'<,r. ~ ~ r..,._ ` s n. ~ r~ \ ~t.'~..~~ ~ \ ti - I' ~ ~ •:,~i' I . _ : ~ _ , - - • ~ j' ~ ~ . _ . _ j - l , ! : ~t~ t F) G~ X ~ '+~-~.~~.••1. w, . . . / , j . i i\ y'. ~a.:% "t`'!- l f ~ 'i ~:ii~ , ~ i~~_.' • . , ~ . ~ ~ . . ~ I~ f." `1,~ ~ -i ~~•~~a7~"~/~~ `y~`~~ . ~ / ;1 4;:{ _ ' t ~ f,~. • . •'i j I ii _JS ~ I i %%"r -A% ~Y,'~i`\~ . ,,~ti' • ~i..-~•i;_`~,;. r,~ ' ~ r,. : • - ~ • ~ C l . , \ ' I ~ 1 ' • ' ' ~ /f _ ~i._ . ,1~`\\' i :i{r.~1.`I_~-\_. - • '~.'.S . , _ , ' : n r• ~;i:'~~" ~ J`~ug,fE~'1~ • ' r * fl'l1:-- PARCF-c.- ~ . r~r' '4 _ _ ` / ~~\~,~\.'I. 1 ~f1 t? . ~ ~ ' „~•.x.'v P ;t~.i• ~r .`..I-,~r Q _ u.. , . k~.~;;'.'•'~ y > . ( i ~~1}tt~~~~ 5 _ 030'53 ~ S , W f a' ~ ~ ~ ';~K .1 ~ ~ ~ t"~ ~ ~ • ~ • i 1+~~r~' ' - ~ •^O~~ II ? 7•• ESC.OT( F . ~ r r~ . ; ~ ' `r~? ~a~~F~r^`~lf f ~Ac.{L-? ~ 1~ • ~ty • ' • , ~ :'~j ~ ~ ~ , ~7~: .i. I';';~ ~ t ' ' *1,~ 1. ~ • . , r ,l+ . ~ri•~:~. • • • .z...,-.~: J' . . "i~ . 'S, , . - - • ~ ,~f' • -r. :-r : ~ -~w~ ~ . ;f• • . . i' ~ , ~ " ' ' . f . . i ~ , f': ..r ~ i ~ ' i. • . .'4~ • i .1~ . "a Y~[Y ' . ~ ' •~t. I / . w:~~ a~, . ~ i.' ~ . ! ,k~ ~-Ti "y, +w , ~ ~ i • - . . . ~ : y . .:l',;p. ~v ` :r = • f.'+ . . ..6. a• / : . • • -I / 35 , . , • 4 043-53 5 ~.E'''!s``,..:',- ~ ..r,: 6 7 WEST9ROOK FIRST AppITION w . ~ ~-i 2 W > \ ON 5u3_lEc7 Q JP 4 ~ARcEL ~ 012-76 Z WIILa MS 1yW.L 890.7 Q LARU 2 M.W.L =69 . f- ADDITIp ~ 3 - 041-53 Z X 3 \ 15 14 (1J 22 23 'J \4 E 0 ROAD + 12.,~, 1e., ! STORM SEWER L E.`~;`~; r+~~ 016-25 ' s::L •c . KEY N . ~ TRUNK STORM SEWER AREA Ea.15 * S1orm Sewer , O 10d 200' 400' Grupnic Scale in Feei WILLIAMS 8? LARUE soNesrROO,ROSENE,ANDERLIK 1 st ~ ADDITION a AssociAres, iNC. Consultlnp Enpineer4 UTILITY IMPROVEMENTS st. Paul, Mlnn. STORM SEWER Dnte:onooer, 1985 PROJ. NO. EAGAN. MINNESOTA Comm, 493e2 450 . C3 . - ~ ~ea~EC-r y5o D. Storm Sewer - (1~-unk Area) Parcel Area Assessable Total Description (Sq. Ft.) Credit Area (Sq. Ft.) Rate/Sq. Ft. Assessment William and LaRue 1st 9ddition Lot 1 50,120 Large Lot 33,000 $0.048 $1,584.00 Lot 2 37,800 Large Lot 16,500 0.048 792.00 Lot 3 43,680 Large Lot 16,500 ' 0.048 792.00 Lot 4 37,700 Large Lot 16,500 0.048 792.00 Si71/4, Section 14 --,m--030-53 206,910 Large I.ot 82,500 0.048 3,960.00 -o-- TOTAL $7,920.00 37 . J+ ~ • ~ - . . ` C ^c_yl 'f ~1. r ~~..a r ~ • 1 : I ' ° ~~~i5~_ ! '7" . ~t~ i 94 ~ i 5! ~l• ~ i ~ i .i . ° -0,q • h~ARCEL ~ F~Q'~~+-'I;~- . f .ti'~;4j i.'r:.•: `t4~i ;j' .a,~f.,~..1;; i J+~. . ~ : ~ • ~ a L ~ ~ y~OP . ~T ti \ ~ • S' ~~.r . ~ ..iY:: . . . , _ I ~ GREENSBORO ~IA ' t 5~f ? i Y " 1 ' s • / . i~~ [ ?no-; 3 3 - 3' I:• ' ~ ~ ~ ~ , ¦ f 4A'• ~ j, ~F I f . im 0 Pao. 4 , .°-*.',~'.:••,,,i c •:r,.....::, ~ .I , . . ~ ',c ; ; , • u • ~ . k.>•..~ - 75' CORNEq ,.~f;:~•, • ~III•I~I _ j. . i!.! ~~J~~~ ~ •r~ LOT CREDIT '•;\IIIIIiII 111111(llllllllltltl ~~~.f(il i °AD ~ 016 25 I • ~ . . ~ i. 2 ` ~ ` 2 ' a-~ c Y / . ~ ' _ ~ - _ ..9 . ~fi •T'•• J I~ / +.*w j,J~~/' . • ii~ ~ ~ ~ ~1p i [ ~ ! /iF b~ „ i y~G~f ~ _ . . . '9p. , f . ? ~ ? \ ~ . . : y~ . . . :l%~~~iB~....r?._ .t '.P/~ix;..~ • LEXINCTON SQUARE~'= ~ ~ . • . , . . ~ -~c -+r. ~y_~ ~.'r 'I 1.1 ~I ^ r i~, ~ ~ ~ 0 j-. 4 ' S• , :7.>_~ l ! • -i r ~t~-~,rl, Z'. ~ e 'i -z/ ~ e ~~~41h r1 . ~ ~ r ~ : 4 , . r . 1. . f I ,~~(~'~'t~f.•~ ^~~1~. ~e {_~e~~'~I~i~ r~~r ~(j~ ~ -,~~r" i i . +'t\~~ y K!~ i•1~4~~E1 i ~ :r;~-{lYi:~if y~~y_' ~ ~ ~9~t~ l . . r ~ f , ~ ~ k ' ~ ~z t . ~ ~ P'i:' • ; ! ~ ~ , ~ o c~'~ _ , oA, ~ : = r ~ IITIMI • re~~ ' t`JlJ~G I~~ I', Y t!.'~u nly.IlU U ' i~': ~ ' .~"'~-~.m ~e.---*. . ^•-+.n. `-~~rv. ' I IQ NORTNVIEW ~ PARK ~ STORM SEWER LATERAL ASSESSMENT IIIIIIIIIII, LATERAL BENEFIT FROM TRUNK STORM SEWER ~ 3P ~ TRUNK STORM SEW S S ESSMENT AREA Pto.tecT {!!07 " ' ~ _ .i 1 ~ > r :,r • i • ~ ^ - 1I ~ .'1 : ~ - ~ i I; I ~ `~a~Z~e.,4 r ~ ~'L.' l`•~J '1l . ~ ~ • } ~ ~ p ~ d' . . . : ^•y~' •l / ~y~ - ~ a p<~ ! S~ ' j Q,h ? ~ ~r • ~ ~ ~ ~ ' ~ .-~9b~z1 • r.. . ~ ) P SuCilECr ~ o`~ ~ ' ' :.,•~r~.`'~,.''' P." ARCEL p ~ J " • ,..t~ ,.~,i'}, .i . GREENSBORO ~ ~ y5 ` n- - i~•`:.~ . ~ _~-J, , ~j•~ `r,.:':5 f - 3 050-53-,g~" ..',.+y': ' F.%;x:~•:~ :I,i :rj!, ~ I. `ApaE ~ 41-53 j •~,'•.~L-'..~ . ~ ; ;~G. 75'CORNER LOT CREDIT ~ - - - WESCOTT ROAD ~~-T-~:-~,.. '016-25 - yx~' •Yf ' '~•n,Yy ~.-$_9,y~'Z :I h^,(' • , _ • z ~ y~l'•i.` ` r -~:z " . . . ~ ~'~•,tj^~~~.,:%~~- G~'=--... . , : q .C ; A,.,M;;''•:~"'':. ~ z,i ~`i~•'•',_ ; : U - ~ . 3 9 ' `o,. ~ ' . , : . ~ ~ / if W.{~3.~ _ . . ' . q~, ~Ei^~ ~ 11 i '1 ~~I ~i ri`!!E l~k f ` ~i x GY ~ ~ - _ - -LflMINOT~~$. ~ ~ ,U ~:y!•~E. 7. •.F„\ • ~'~Y . ~ % ' . • J i ~ . 5 : . . • . ' ri%;:' ~,y(')-, - ~ ~i~ ~i•'~:'1:: /;:r ` , ~/I'' "x, J'a r' _ ir ~r ?"l'n;<`\t~i.%e'.. , i ~o.;*;`. . . 6. , ~ - - "I%i • : ~ . . : ~ . . >~~~'~f:~~:'": . , . ~j;;;~. LEXINGTON SQUARE;~~' • «+st ~'1~. I~o ~~,5 ~ . 5 I ~f `::I ` \ . ~ ' 0 J. . , ~ r ' . , . t ~ u4 ~ ' S- ~ 7: ~ /ii.~:-:~ (~~•t rr? r / ~r~ ~ .i'6-. . . L . : ~.~~t~a o0t~'s• ~ ~ `4 ` ' \ ~.c l•~ i$~V4~ I ~r.y f( c4: \ i ~ ~ c,c r~ . L/V •r ..if ' ~ ' % f ,~..~~~~~`..X ~ . ~ ' i r+ ~ e ~ ~ ~ ~ • t , ~,I.. , A~ ~ t . r i . ~ ~ 't. i FI /`r,~~ • ` a`. ~ ~ pN,~. ~ . --a~- ( ~q; T,l,:. : ~ - ?'h .:;,i..`•..~ ~i'. ~.:.y_ r .n~.\l.•_ i. 7~i~. .y~•~.jl .j~_~i:~~~~Yi:illj~t•:-s.s,.:% ti•}~,Q~_E".~;..~, ' t f ~ ~ . j i f~~~ { ~i~•N t `Yru~ u~~n( ' i .~M .i . i . ; . t ~ . _ . . ~ 1 ! I _'I ~ < i ~t f 1 ~I 11 J-rf ~ r I I~~ ~1 I~I I f I11 ~'~Y 1~q-~u9 e.Y I~U., u~l U.'~ ~ 1'L•-L~._~ i~ }s I. NORTHVIEW I pARK •mmmmmm STREET IMPROVEMENTS AND A SSESSMENT AREA ~ i~RQIECT 4(o7 ~ ; IV. NEW BUSINESS A. PROJECT 467, WESCOTT ROAD - STREETS & UTILITZES 2. Kelmer Bratland (Parcel 10-01400-030-53) BACKGROUND INFORMATION Project 467 provided for the installation of sanitary sewer, water main and storm sewer utilities in addition to urban street and trailway improvements. The public hearing for this project was held on March 19, 1986, with construction completed by June of 1987 and the final assessment hearing held on September 15, 1987. Enclosed on page e2.. is the written objection submitted by the property owner at t at final assessment public hearing. Enclosed on pages /3 through o7U are maps showing the relationship of the public improvements to the affected property. Also enclosed is a summary tabulation of how the assessments were calculated for the final assessment figure as shown. This total proposed final assessment of $24,564.55 could be reduced to $5,667.30 subject to the property owner executing the appropriate agreement in accordance with Special Assessment Policy 86-3, a copy of which is enclosed on27_2q 'I'his agreement would allow the City to levy only those assessments benefitting the existing single residential use of this property and postponing the remainder of the assessments until such time that the property owner may elect to further subdivide the property creating additional residential lots which would subsequently each receive similar benefits from the improvements recently installed. STAFF RECOMMENDATIONS For the acreage, location and development potential of this property, the staff feels that the original assessments are justified and provide adequate benefit to the property in that amount. Iiowever, in accordance with past assessment policies, the staff concurs with the reduction in the assessment to be levied subject to the property owners execution of the related agreement. The staff feels that this properly reduces the assessment burden until such time as full benefit from the improvement would be realized with a later potential subdivision of their property. COMMITTEE RECOMMENDATIONS/COMMENTS I dL ~ ~ „ EO~ , yel-i~ o3d-4-3 _ . ,.~f _ ~ . - i... i... ~ i. . . I . . . ~ . - Ind.~ ' . . ' ' / - 'i •;~I_. Rg • ~ GB . . . . , GOI.F b coNtME~,n_,L . LAND USE DEVELDPh ENT GU'DE ~ r ~i ' "-Jlnd . . . . . 5 1ntl PL ~ AN PERaI R~IIi ik ~ R~II'. . . ~ . ' . . . ' R.1 Ral 'I ~ e R N RI !21 RA6 ~ RESIOENTIAL ~I Ind . P R I single famJy (03undlocre) ,r<~•~~ R-II mixetl resitlentiol(36unttlacre) R-III mined residentiol(6RunM1/ocrd . . . / Ind NB • ~B_ R.11 ....R-III ....&AI . ft-N multiPle 64unitlacre) R11 R~I ~ . q-p ~3y J (7 ' INDUSTRIAL D!4,SC Ind -Ind intlustrial COLF R~i R80 re5eo2hfltleveloPment COMMERQAL r c i ~ lB . . , 0 R-1 r . ra F r . C., LB limited buslness ° d itlll l R I_ R~ r E ` Ind ~ NB nei9hborhootl business ` ~p GB genernl business L CSC communitY snoPPin9 center RSC regianal shopping center ' z . ~ ~l. v. ' W R-IIR-0 - ~ RB roadside business C ' CSC P~ - .S"J : - : r+' HS . OPEN SPACE P porks,quasi Wblic i\,' tir R-1l E~ pC 24 . ~ E.M,F6.s<hools ' GB ~ _ R-II R-II -i R-11 E ~ ~ R-III E P _ PRO R I R-III RB Rlil Su[i~ECT I~ARCEL R-1u a-m csc J1% a-m ~tV ~ P~~'... ~ P E . . I~ I R-0 ~ P E R II' F`I ~ R.11 R II R-II P,. Iqa R II NB • . ' R 1 ' R < :t.. ~ L ` ~ q{ R. P I LB R-III LB C Y,giJ . Q1 \ QQQ ~'f;; B - ' R • ` p ~ _ ~ ~y] LB R LB FEB. 1980 R-~ V ~I ' GOLF . P . R-II P R II i .1 R-I ~ RII~ i ^f P .R_11 R-II ' R II "p CITY nF EAQAN ; i ~ ~ ~ 5 S*Wo 1/4 SECO 14, T. 27, d ~a a ^ . .s• ~S~L~ _ ~G w,,,ut: ~ C2 ~ ~`u.n ~e W 2 t} xo 'a M 8 a ~ 04% iV ~ ~ nNq a ~ • ~ ~ --jtr>ao~ =ry -sn~oiir>v.n~f-_•'__ Plau ) 9. s.~~iiii'~] i 4 -i 13• ~ - o ry ' e P i 2 I _ i bnYSr( O~ i ~ ' ];~{!J 3M4.~,` . I Y~ v . 1 I ' 1 S ~ $ a'af` r. •a / =~x ~ {i , . ~ ~i)f { ! • ~ Y} ~ ~ ~L + _ ~ ~ • ? : w~~ L ~ I O ~ r~ ' ~ a S ~ ~y• c Y t / a r i a~ Z ~ ~ . ~ ~ ~ > > Qvy- r ~ ,~I oo P ~ 6 ' . I ~0~ , I • ~ S . . it~ u G h : ~ . ''Q • ^x . ~ I io ~ ai ti: ' r . < s - --,.~,~o,. ..,.a.-- ~ . .»a nw ww... -'.c .uw . aic r o~c : " 'n.w. :•::titivi:•:•:vi:~ :ititiG:•::}}(: Z LP ...•;::w::::: :w::.:~:i?:ti{• . 0 5 PNO '.~~;;:2'~;j;>~'-=•>'=::lo:.~'~~~~"~' - - - - I V \F`Me~ouo~{~ ~:}::;:~tiSv7r;:~~;:;::•,::•,:~::'{:::;5:•,:•' ~ _ I ~s. ',w~ ..•~'.w:::::.~ :::}i:{?~i?}'ri: h'Q Y~••• •AYI~•.1Yff:.'i`H~ `~i'i': ~ ~ ~YO - I r, r::..:•::. ~ . I 8 8 ~i :•:}ti•}:•'~::•:• I _ g Sp :~:~~.ti':••ow•e~~ o.~.m ~ wa-sf o '>#x ~ SU41 E c.T 1 ai 1y Aau6 ; y:~ii•':~~;cj:i?i?~:~';~i''~:~:~~~i'c'c.:`':i' -PARCEC. ` Mg ,p,{I~.`., N; i . I `Nl i{~:•:•:•ti'v':: ~ : ~ nu mc ..w~ i A~r ~iaro kI: t~.uouo ~..in.rowl is f WESCOTT f ~ , _ , ~ ~ ~ •~~~1J'~ 1~~ C . ~ ~ ; ~ ~ , ~ I . ~ ~ •L .;i , ~ j ' rsg70? i „1 ;l ~ ((f..~~,,';', ~ ; . ~ ~ _ h~ ~ ~ ~ I ~ ~ ; ~~i~ i ~i \ ~3': ~~ti 1 I ! ~ - /i f ~ / r~ ~ - _1-•-."•'.~;: ~ _ ; . T N \ ~ I ~,..•r'.l j _ f~.-.. - ~ , ~ ~ s~----;-Y ' ~ I ~ \ . q~rJ r-1~~~ t. i ' ~ 1/'•1 - ~i~~/ r> / ~ ~ - ~ ~ ~ • ~ ~t IIr~ ~ / ~ t~ ` , ~ r~ F ( Lky ~ ? I~I . ( Oti~.t~~ ~ti ~ ~X ~ r`\\~\\ `l''-. , ~ - ~ \ I'0 • 1 ~ ~ ;.r ~ - . . _ - : i ~ ; ....,v~.--~--'----- _ . _ - . au~ \ ~ ,r` ~,r, 1 _ ` ~ S , ~ '.i - - ~ . ~ i ~ ` ~ ~ ~ ` ~T q ^ ~ ~ ~,.~L _ ~ ~ - . ~G.. ' ~ , ! ?'?1` :'~•--_:-;,/r_~, i._„~' _ : - . I i: ~~-~~..i , ~ ~ ~ r~-. `l,y~'~^ ' '1' • ~ - [~`i I - - , . . _ ~ ~ I 11~; `'1 :,M1^; G~' ~yI X ''~~~ti••~ , _ ~ ~ `1 j ~ / , f~.r1-` ~ ~r ` ~•I..~ -ti I ~ " ~ , ~ / / ~ ~ \ ~ 1~,,+ . • . ,ak ~,r ~~-r-• ' ~ . \ oJ!'{ . ' • i ~~'i/~' . ,•Y-`r~\ ' ~ \ I / . r~ `~i1t `tr : V„~~~~~~ ~ ~ ~ r e{ S . . I I r \l1 n" r' iy.,~_.'; ~ . Yh ~ .7 ~ ~ • I " • r' , ~ N~ 7. ~ i'. Y',.f~S~•`.:ty~.L ~f'~ .~d+ ~i - y . ' . e~, , . ' yr.~' ~w~,+"~`.`~~-.D~.,~' `-~.,~..~a r +r~t+ ,i,~~ ,~.,.n ~1_• 1 2 i ~ ~ R"~.}-`Y:~,i`S ~ ' - . ' M•'' ~ ' ~ ' J ~ 'T • • 7w.L~.c .._i i _ • LEX/ TDN AV . . . . ~ . ~ ~ X • . . ! •1'~ ~ • ~ I . . :i r~, . e ~ . . ..1 I``\ +r~ e A• c y D f. ~ T 'Ti ~ I .~`r • 1 • 4~y , W ''r , ~ ' .l ' ` n'• • I` ~,7 ~ O ` ~ ~~'+ti.~.._ ~ . _ ~ O. 1 1 ' ~ , , , • S } y' t . ~l. ~ . i'• ~'a!. 't f .y ~'~a,,, ~y •k ~C . . ~0:;;.~r ''•.YA ~ ~t. . . . . . _ . . - . ' r'. ~ . . . ' ~ : . .i ~ :y . .j' . • 4'.~ ~.1.. . ' ? . , . •i ,1'~+11. ' -r.,~ - . i . . - ~ . . . ~ .N ~ V' t ~ :Z , ~ 4\ ~,~g~L 33' •v .4 , . = s ; 3 0 In _ U 030 - 53 w t ~WE57 GATE POST " N I. I . ~ IK . . . ~ ~ ' . . W PERHANEU7-'-l` FOR ORIVEWAY l,I . ' . . - EPSEMENT 5.9 4 A 58t23 . ~ o 56+90 . I 0 . TE PORRRY_-_. DIP PLU6 8 ~ ~sixuc7mN.' SAWAGE EX. 12m : 1~ 1 EASENEAi-+1 CONNECT TO Ez. 12 DiP 900.3 zs' I ~~c:~~tno` a ~12" B.V. 5 BOX I/2 Copper ay ~ ~W • ENSEMFNT . ' ~5B_ J I 1 1 ; • ` f .e;t' DO.L f.~ o 151 3 , , W ~ . 30. . I 1 7'EHPORARY.: _ • . Q o 1 ~ 0. [dp~UCTIDN'fSRl ~ : ~ ; _ I .'-Iroo''- 4 12~ OJ.P, lq BE CONSTRUCTmBY OTH_ ~ ~ S SEE RECORD T PLAN 1214 Sup\EEY eASE! LINE_ a ~ - - - - c~ - - 3 - - ~ S.BrI 1 ~ 1y x $ . ~ ~ * . T - _WT_~• u ` ' o. ~ ~ ! ' . yw°aa - r ~ 4 ~,y~t['.~ . °I~` ~ • li ' ~ 1 m o _ 961.5 969 7502 CURVE D/tTA Q~ , ~ ~ ' REC~t~S s ~ a•is•20'00• yo7' ro . gz.b ~2D~ -896-6- ~ R • 551.123 ~ H5- T • 75.00 900.8 l -149.10 ' d • 10.1945 BASE UNE riL ~ IPT= 55 +8334.62 .72 ~R E DATA A-I 620 000 p F~. ~ R-5 7.123 . . T- 5.00 18 19 20 016-25 L=1 9.10 W d =1 .1945 ~ PC • 54 +08.15 Z PT 55i57.ZE . LJJ . Q , W ESCOTT ROA'D -az~;EU ~~7 : . . + . 3. _ - a_ i ~ e v ~ » r:~ T. ~ ~ f --i- - - ~ .t ~ ! ~ ~ ~ ~ ~ ~ I- iL f L-: ° ; ~ _ 7 ~ ~w 1~/ ~j. ~r y~ ~ ; ~c V . SuLiJECT i o°~' P° l.. a r ~ ; ~ ~~r . -PRRCEL ~T AGREENSBORO 11'. . Ho~ • 3 3 ~ ~ ~ ~ , - ~-t;~ r^,- 050-53: 41-53 N + ~ "c \ : ~ - 10 ~ ;;x• WESCOTT ROAD ~ ~ ~:~..~-~..i"f'- 't.-.~rr. .r .~":y ..t, 3' ~ -°•~k" ~ J~• '016 25 . - h • ~ f q ' i r. + s ..2 ~tfi ~ . Zp'L~~~G"~ ~ r 7_ k '--t I z f'~- ~ ~ ~_i ~ a6 ~ ~ ; ~ . e; . ~~'~~E 1~ F•i;'~ t~':i! \bt.l~ l ° ~ ' - LEKINOi Rf-P ti •fr ~ f ~ _ LEXINGTON E,.Im. ~ i ~ 4 5 • r ~ i t l ` ' ~ ~ ~ , 6 I f ' `3~ S `']Y. 1~, ,,••'~1~ ~Illl~ ` ~ ~ ` . / \ . _t r'• r:l : w v'L , 1 ~ : Oy r. ' `~~I'.' 7:.`•i~+f:; `N-, ~ r ~ ~','t•' • ~~,i ~~a ~ . i 7 ~ ~ \ . a a. , • II ~ • ~ ~ - - ~ NORTHVIEW I N _ PARK I "•.'.I ; LATERAL BENEFIT FROM TRUNK WATER MAIN TRUNK WATER M ASSESSMENT AREA - ~a 1"l~o~ECr 4fo-1 • y, _ .r . _ . _.m ~ . I. `~~1~~~~ ~I 'I.:~... ! 7 A. ~ Foo.ti V\ P.,~ r Is~ v\ ~ J J GREENSBORQ .,y ,n°• 3 3 ' - 3~ f, p - GP, ~ .~..T,~r z; v ~ , ir ~ 76: 75' CORNER " '~I I I I ~I 1 - ~ Ct • ~ t;.' ` . - 'r~ i i~:..•"~• . - LOT CREDIT ' O A D ~ ~~;Illlllll llll l ll,llalllllll 41 NOf~f1~~j~~~~Pi- ~ ' 016 25 , ; . .t b•l ~`,)."y.,y~~ 2 . . ~ `t }'f~ j~TT.~A~2 ~:•`9 ~ D . r ~ • : • ~ ~ E t t ~ ( ° ( Ik t ~a~* ! - ~k ~ ~y. w G~~ ~ . y~ S . T~~f`Y'~.~~,'; f ~ •',F :G.. ~ . ~ \ LEXINGTON SQUARE;:,,-~:- I ~ . . .s ' - ,8a~(t~a o0('" ~J Fr ~ . ~ ~ ~ ~ ~a~y? ~~~~y, ' - f~~i\ I <~.y ~ .,i 7. . fy~ .9 - Q 6,t \t J y ~ ' ~ .~ry ~ . `.S , ! • r t~re fj ~ }i i? , I~lte I~c if--!n. [ i t~a. ~(u: F~ I~ • ~E . _ac-, _ ..-o,..---.~.-v-'-: ~ I I•I ~ : I ~ - NORTHVIEW I W_ PARK I ^','.I ~ STORM SEWER LATERAL ASSESSMENT IIIIIIIIIII LATERAL BENEFIT FROM TRUNK STORM SEWER ~ ~q . TRUNK STORM SEWE S ESSMENT AREA ?-zoaE cT 4(c7 • . , Y 4- _ _ t . ~ . . . i !I; ~ j , ~ , ! r " , , 3 ~ . i Py~ ~ !f ~ ~ ~ r f - 'i4, ~4b~ ~J~' GREENSBORO 1~~1PM5 • ~ }-~3 ~ /l..~j , ~ 3 050-53 ~ZP~`- 41-53 • j. 'T" ~ , ~ 1r• k •..r 75' CORNER ~N -•`ri:I •:`--jr+;.l~.~~~F`A : _'la ,y;..; R y~ L07 CREDIT WESCOTT ROAD ~ ~ t ~ ~i ~ { ~ •r. l I i `016-25 r. . ~ , ~'t ~ I i 2 s 7' u,.i c. ~ ~-c t ~ , ~ y ~ a ` ~ ; ~ ~ . ~ ~ % ' LE%INOTbf~l~ -h r ~ . ~ `-9' ~ . hly lyt'! • 1 n "Si LEXINGTON SQUARE'~`~> ~ ti;,H Q r , •4 5 \ , ~Rt~ ~ . ~ .Oy yfN- ~ 1 _ I f "i il i~~~~l ~e{_yrt~o~r'~'r1J ~~~~r _v 4. ~,Q.,. ~c r, . i ~ 4e ~ . ? Fl ~ ]oll f.~4 i Y "1 ~ ~ ~ (If } 3 11 ~1 , t X1~vGiA rAB~AT!fn) ' i a i~~~ li ~q e`III~~.. ~s r- n IS 1~f .[u ! i n ty ~f~) u + iL: ~_I P._ . . _ ...1 , ' ' M. ~ NORTHVIEW ~ PARK I .I STREET IMPROVEMENTS AND A SSESSMENT AREA aD ~Rcu Ec_T,.I4~ 9SSESSMENT C0.ST BREAKDOWN WFSCOTT ROAD DTZLTTY & STREET IlMPROVIIMENTS PROJECT N0. 467 A. SANITARY SEWER a. Lateral Benefit From Trunk Assessa6le Total Parcel Description Footage Rate/CL Foot Assessment Greensboro lst & 2nd Addition 782 $28.69 $22,435.58 ($22,435.58 - 80 Lots =$280.45 Per Lot) B. iv1ATER MAIN a. Lateral Benefit From Trunk Front Assessable Total Parcel Description Footage Credit Footage Rate/FF Assessment SW 1/4, Section 14 030-53 330 (1) 100 $11.875 $ 1,187.50 (330)* (3,918.75)• 041-53 330 (1) 100 11.875 1,187.50 (330)¦ (3,918.75)" 050-53 350 (1) 100 11.875 1,187.50 (350)* (4,156.25)* NW 1/4, Seetion 23 016-25 87 11.875 1,033.13 Lexington Square 2nd, 3rd, 4th, 5th 6th & 7th Addit3ons 995.15 995.15 11.875 11,817.41 Greensboro lst & 2nd Addition 1206 (2) 603 11.875 7,160.63 ($7,160.63 - 80 Lots : $89.51 Per Lot) TOTALS:- 1985.15 $23,573.67 (32,004.92)4 (1) Credit per Special Assessment Policy 86-3 (2) Credit for Looping Benefit ~r • Assessment obligation without the ex on of the appropriate agreements. b. Trunk Area Ponding Area Credit Assessable Total Parcel Description (Acre) (Aere) Acreage Rate/Acre Assessment SW 1/4, Seetion 14 030-53 4.75 (1) 1.00 $1,190.00 $ 1,190.00 (4•75)" (5,652.50)* 041-53 4.62 (1) 1.00 1,190.00 1,190.00 (4.62)* (5,497.80)* 050-53 4.82 (1) 1.00 1,190.00 1,190.00 (4.82)* (5,735.80)* Subtotal 3.00 $ 3,570.00 (14.79)* - (16,886.10)* Lexington Square 2nd Addition 8.53 - 8.53 4th " 9.58 - 9.58 5th " 2.64 - 2.64 6th " 13.99 13.99 7th " 21.61 3729 18.32 56.35 3.29 53.06 $1,190.00 $63,141.40 ($63,141.40 - 201 Lots - $314.14 Per Lot) Greensboro lst Addition 13.62 .99 12.63 2nd Addition 18.17 5.26 12.91 31.79 6.25 25.54 $1,190.00 $30,392.60 ($30,392.60 - 80 Lots = $379.91 Per Lot) TOTALS: 81.6 $ 97,104.00 (110,420.30)• (1) Credit per Special Assessment Policy 86-3 ~ Assessment obligation without the execution of the appropriate agreements. a~ C. SERVICES (N9TER) Parcel Service No of Total Description Size Services Cost/Services Assessment SW 1/4, Section 14 030-53 1 1/2" 1 $ 621.80 $ 621.80 + 041-53 1 1/2" 1 621.80 621.80 050-53 1 112" 1 621.80 621.80 Lexington Square 2nd, 3rd, 4th, 5th 6th, & 7th Addition 6" 1 2,237.14 2,237.14 ($2,237.14 - 244 = $9.17 Per Lot) • Greensboro lst & 2nd Addition 6" 1 2,237.14 2,237.14 ($2,237.14 = 80 = $27.96 Per Lot) TOT3L 5 $ 6,339.68 D. STORM SEWER a. Lateral Parcel Benefited Total Description (Acres) Rate/Acre Assessment Lexington Square 2nd, 3rd, 4th, 5th 6th & 7th Addition 5.6 $5,063.15 $28,353.67 ($28,353.67 = 244 Lots = $116.20 Per Lot) Greensboro lst & 2nd Addition 7.9 5,063.15 39,998.92 ($39,998.92 = 80 Lots = $499.99 Per Lot) ToTALS 13.5 68,352.59 ~ . ~ b. Lateral Benefit From Trunk Front Assessment Total Parcel Description Footage Credit Footage Rate/FF Assessment SW 1/42 Section 14 030-53 330 (1) 100 $ 9.80 $ 980.00 4-- (330)* (3,234.00)" 041-53 330 (1) 100 9.80 980.00 (330)* (3,234.00)* 050-53 350 (1) 100 9.80 980.00 (350)• (3,430.00)• NW 1/4, Section 23 016-25 280 Corner 205 9.80 2,009.00 Lot Williams & Larve 1st Addition Lot 4 280 Corner 205 9.80 2,009.00 Lot Subtotal $ 6,958.00 (13,916.00)* Lexington Square • 1st Addition 180-01 143.19 - 143.19 $ 9.80 $ 1,403.26 190-01 96.91 - 96.91 9.80 949.72 200-01 75.02 - 75.02 9.80 735.20 210-01 75.03 - 75.03 9.80 735.29 220-01 75.03 - 75.03 9.80 735.29 230-01 75.03 - 75.03 9.80 735.29 240-01 75.03 - 75.03 9.80 735.29 250-01 75.03 - 75.03 9.80 735.29 260-01 75.02 - 75.02 9.80 735.20 270-01 79.26 ' - 79.26 9.80 776.75 280-01 84.06 - 84.06 9.80 823.79 290-01 85.29 - 85.29 9.80 835.85 300-01 75.00 - 75.00 9.80 735.00 310-01 113.10 - 113.10 9.80 1,108.38 Subtotal $11,779.60 TOT9I. 1,912 $18,737.60 (25,695.60)} c. Trunk Area Assessable Total Parcel Description Area (SF) Credit Area (SF) Rate/SF Assessment NW 1/4, Seetion 14 041-53 201,247 Lge.Lot 82,500 $ 0.05 $ 4,125.00 050-53 209,959 Lge.Lot 82,500 0.05 4,125.00 TOT&I. 165,000 8,250.00 (1) Credit Per Special Assessment Policy 86-3 * Assessment obligatiion w3thout the execution of the appropriate agreements. a~ ~ E. STREET Front Assessable Total Parcel Descriotion Footage Credit Footage Rate/FF Assessment SW 1/4, Section 14 ---r- 030-53 330 (1) 100 $16.88 $ 1,688.00 ~ (330)* (11,137.50)* 041-53 330 (1) 100 16.88 1,688.00 (330)* (17,137.50)* 050-53 350 (1) 100 16.88 1,688.00 (350)* (71,812.50)* NW 1/4, Section 23 016-25 361 Corner 286 33.75 9,652.50 Lot Lexington Square 2nd, 3rd, 4th, Sth 6th & 7th Addition 995.15 995.15 16.88 16,798.13 ($16,798.13 - 244 Lots = $68.84 Per Lot) Greensboro lst & 2nd Additions 1,206.00 1,206.00 16.88 20,357.28 ($20,357.28 - 80 Lots - $254.47 Per Lot) WilZiams & Larve 7st Addition Lot 4 280 Corner 205 16.88 3,460.40 Lot TOTAL: 55,332.31 (84,355.81)* (1) Credit Per Special Assessment Policy 86-3 ~ Assessment obligation without the execution of the appropriate agreements. a5 SUMMARY FINAL 9SSESSMENT ROLL ' WESCOTT ROAD PROJECT N0. 467 San Sexer WATER MAIN STORM SEWER Lateral Lateral Lateral Parcel Benefit Benefit 1runk Service Benefit Trunk Total Total Description From 1runk From Trunk Area (Water) Lateral From Trunk Area Street Per Lot Assessmen SW 1/4, Seetion 74 -t 030-53 $1,187.50 $1,190.00 $621.80 $ 980.00 $ 1,688.00 $ 5,667.30 $ 5,667.3 3,918.75* 5,652.50* 3,234.00* 11,137.50¦ 24,564.55* 24,564.5 041-53 1,187.50 1,190.00 621.80 980.00 $4,125.00 1,688.00 9,792.30 9,792.3 3,978.75* 5,497.80* 3,234.00* 11,137.50* 28,534.85* 28,534.8 050-53 1,187.50 1,190.00 621;80 . 980.00 4,125.00 1,688.00 9,792.30 9,792.3 4,156.25* 5,735.80* 3,430.00¦ 11,812.50* 29,881.35* 29,881.3 NW 1/4, eetion 23 k9U 16-25 1,033.13 2,009.00 9,652.00 12,694.13 12,694.1 xin ton S Z lst Addition iao-oi 1,403.25 1,403.2 190-01 949.72 949.7 200-01 735.20 • 735.2 210-01 735.29 220-01 735.2 735.29 735.2 230-01 735.29 735.2 240-01 735.29 735.2, 250-01 735.29 735.2 260-01 735.20 735.2 270-01 776.75 776.7 280-01 823.79 • 823.7, 290-01 835.85 835.8' 300-01 735.00 735.0, 310-01 1,108.38 1,108.3; 2nd Addition (Per Lot for 32 Lots) 48.43 314.14 9.17 116.20 68.84 556.78 17,816.91 * Assessment obligation without the execution of the appropriate agreements. POLICY 86-3 LAAGE IINpLATTED PHOPEATY _ POSTPONEMENT OF SPECIAL ASSESSMENTS SUHJECT; Calculation of reduced assessment obligations for large unplatted property when connecting to exlsting previously unassessed City utilities and/or assessments resulting from nev public improvement installations. POLICY: When existing unplatted property meeting the al and frontage requirements desire t connect~oyiexisting previously under/unassessed public improvements or when new public improvements are installed adjacent to similar type property, through the execution of the attached agreement, the asses9ment obligation will be calculated on 100 ft. of frontage and 1 acre of land vith the remainder of the assessment obligation being po9tponed until such time that the property is daveloped to a higher or more intense use. At that time, the postponed assessment obligations will be reactivated and certified in accordance vith the agreement. Qualifying properties must have a minimum of 200 ft. of frontage on the public right-of-way incorporating the publie improvement and must be greater than 3 acres in area excluding all dedicated right-of-way, ponding easements and/or significant and unusual utility easements. OBJECTIVE: To reduce and postpone the significant finaneial burden oF public improvements on large pre-existing unplatted property until such time that it is developed to a higher and/or more intense use thereby realizing a benefit more directly related to the assessment obligation. It also provides an opportunity for existing homesteaded unplatted property to connect to existing utilitles when needed uithout incurring the hurden of benefit for the larger undeveloped property beyond the nominal one dwelling unit property dimensions. JuSTIF_ I~pTIpN; Maqy times, benePit of public improvements to existing large unplatted tracts of land is not realized until such time that that -land is developed to a higher and/or more intense use requiring tha benefits provided from the public improvements available. This postponement will recognize the extent of the immediate benefit and will provide a recordable agreement informing perspective future developers and/or investment purchasers of additional assessment obligations if the property is to be used for other than its use at the time of the agreement execution. Aeviewed and Acted Upon Byt CITY COONCIL: SPECIAL ASSESSMENT COtMQTTEE Approved Date Approved Date Deaied Date Denied Date 0 EXHIBIT 1 SPECIAL gSSESSMENT POLICY 86-3 CITY OF EAGAN ASSESSMENT AGREEMENT UNDE9ELOPED/AGRICULTURAL ZONINC PROJECT NO(S). THIS AGREEMEDiT dated this day of the CZTY OF EACAN, (called City), and 1 19._. between (called Owner) of WHEREAS , (address); , the City proposes to assess the following described premises in Dakota County, Minnesota, owned by Owner: (legal description) for the following improvements pursuant to City Projeet(s) WHEREAS, such assessments would normally be based upon the total frontage area of said premises; and/or WHEREAS, the present use of said property is homestead for a single use; and WHEREAS, the highest artd best use of the property may be at a different zoning, higher density or more intense use than presently exists; NOWO THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follows: 1. The City agrees to assess said property for the Projeet and purposes described above at its present singular use, in accordance with Special Assessment Policy #86-3. 2. The Owner agrees for himself, his heirs, executors, administrators, successors, and assigns, that iP the actual use of said property is changed in the future to a use or zoning category whieh is greater than its present use, the City may reassess or levy a supplemental assessment at such time based on the assessable units (frontage and/or area) postponed under this referenced proJeet at the appropriate zoning classification assessment rates, according to City policy, in effect at such future time. 3. The Owner, for himself, his heirs, executors, administrators, successors and assigns, further waives notice of any and all hearings necessary and waives any and all objections to the present or future assessments agreed to herein or to the proceedings related thereto and waives the right to appeal such assessments. u. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the owner shall execute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner's Duplicate Certificate of Title to the affected lands if necessary. 5. The undersigned agrees that this agreement shall run with the affected land and binds the heirs, succesors and assigns of such land. CC-)Y) 6. The undersigned heirs, suecessors and assigns oP such land, includes all of the person, firms or corporation that hold an interest in the assessed land and the reapportioned land described above, ineluding the fee title owners, contract for deed vendees or vendors or holders oP any other interest under contract for deed, option or otherwise. 7. Other conditions: The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER: CITY OF EAGAN By: Its Mayor Attest: Zts Clerk BY: APPAOVED: Public Works Department It92 EXEMPT FROM STATE DEED TAX aa Page 19/CITY COUNCIL MEETING MINUTES October 6, 1988 Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 467 (Wescott Road) as it pertains to Lot 20, Block 1, Lexington Square as recommended by the Special Assessment Committee, and authorize its certification to the County. All voted in f avor. ;-PROJBCP 450 ~ FIILLIAlIS 11HD LARCIS FIxST ADDITI08. (PPiRC87. ;-10=D1400-030-53") ~ - " - Public Works Director Tom Colbert stated that with the proper application of Special Assessment Policy 82-4, the staff felt that the assessment was properly calculated and allocated to all benefited properties consistent with all other special assessment policies pertaining to trunk area storm sewer. He further stated that it was staff's contention that the property benefits by the referenced amount by having a controlle6 storm sewer outlet provided f or the ponding area that incorporated a portion of.Mr. Braatland's property. Therefore, staff recommended that the original assessment be reaffirmed. Aelmer Braatland stated he had no written objection, however, he did object to the project as he received no benefit from the assessment. Mr. Colbert explained the project and the benefit to the Council. Mrs. Braatland stated they own five acres. Mr. Colbert stated the City did not assess to the middle of the road. McCrea moved, Egan seconciea, the motion to close the public hearing and approve the final assessment roll for Project 450 (Williams and LaRUe First Addition) as it pertains to Parcel 10-01400-030-53, as recommended by the Special Assessment Committee, and authorize its certification to the County. Al1 voted in favor. )ROJECT 467, FISSCOTT HOAD (PARCBL 10-01400-030-53) ~ Public works Director Tom Colbert informed the Council that staff felt that the otiginal assessments were justified and they provide adequate benefit to the property in the amount of the assessment. However, in accordance with past assessment policies, the staff concurred with the reduction in the assessment to be levied subject to the property owners' execution of the related agreement. He further stated the staff felt that this properly reduced the assessment burden until such time as f ull benef it f ram the improvement wou16 be realized with a later potential subdivision of their property. Relmer Braatland requested an explanation of the assessments. Mr. Colbert further explained the assessments and stated that the difference would be postponed until the land was subdivided or developed. ~ ~ : i;_ •,~r^~Y " Page 20/CITY COUNCIL MEETZNG MINUTES October 61 1988 McCrea moved, Egan seconded, the motion to close the public hearing and reaffirm the original final assessment zoll for Project 476 (Wescott Road) as it pertains to Parcel 10-01400-030-53 and authorize its certification to the County. All voted in favor. PRQ7ECT 444R, HOLLAND LARS STORlI SEfiBR (P1IRCEL 10-02600-011-52) Public Works Director Tom Colbert stated that the improvement that was installed handles the storm water runoff frwn the subject property through the City's trunk storm sewer system all the way to the Minnesota River. He further stated pcoper credits were applied fot potential f uture cight-of-way and easement dedications if and when the property should ever develop. Se stated it is properly assessed in accordance with City policies and procedures and the current zoning and use of the property. However, due to the fact that the City's appraisal report indicated that the increased market value is less than the proposed assessments, it vas staff's recommendation that the proposed final assessment be reduced to $9,500.00. Martin DesLauriers objected to any assessment as he state6 there was no benefit to his property. He stated his property had lost value. He distributed a hanciout to the Council and showed the location. He stated he felt the property would be flooded and further explained reasons for his objection. He cequested deferment until the holding pond was defined. Mr. Colbert stateo the storm sewer plan locates 340 drainage areas. He further stated the City was not in need of it now, but that upon saturation it may be needed. He stated the plan would be revised in the f uture but he did not know what the future would bring. He outlined the benefit to DesLauriers' property. Councilmember Egan questioned how the assessment would be abated. Mr. Colbert stated by agreement. He stated the real issue was how much of the area should be included and that at the present time, he was uncertain of that amount. He stated he would need to see the development proposal and he would prefer to postpone, not abate. Mr. DesLauriers stated it was not acceptable to him to just postpone the matter. Much discussion was held regarding the ponding. Councilmember Egan questioned that if the City would abate, if there would be a need for a ponding area. City Attorney Jim Sheldon stated there were two issues: 1. Benefit to the land nowj and 2. Acquiring the ponding easement. ~ City of Eapn j Permit# v 1 ~ ; 1 ~ . I Permit Fee: 3830 Pilot Knob Road j ~ i Eagan MN 55122 ~ Date Received: ~ Phone: (651) 675-5675 Fax: (657) 675-5694 i Staff: i 2008 RESIDENTIAL BUILDING PERMIT APPLICATION Date: 7 O Site Address: Tenant: Suite RESIDENTIOWNER Name: Phone: 9S2 ~f32-7GO~ Address 1 City I Zip: /cl~o 411/.. ZL SS/1 y Applicant is: _ Owner _K Contractor TYPE OF WORK Description ofwork: Amin Oeaa/S~ riJ HO/1*q_ o Construction Cost ~7C~ ~J Multi-Family Building: (Yes Noll~_) CONTRACTOR Name: /.Qf l r., p~ License Z 3 TG Address:?661 A/5& JaL.. l/al(rJ ~S12y City: State: Zipr Phone: q52 113[• 7601 Contact Person: 6~l 614~C e~ COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING Minnesota Rules 7670 Cateqorv 1 Minnesota Rules 7672 Energy Code . Residential Ventilation Category 1 Worksheet • New Energy Code Worksheet Category Submitted Submitted (4 submission type) • Energy Envelope Calculations Submitted In the last 12 months, has the City of Eagan issued a permit for a similar plan based on a master plan9 _Yes _No If yes, date and address of master plan: Licensed Plumber: Phone: Mechanical ContracWr: Phone: Sewer & Water Contractor: Phone: ''NOTE; Plans and supporting documer~ts that you'submit are canside`red to be pu6fi,c in'farmatiori._ Portioris; of - the rnforrnafion roay 6e classrfied as non pubtic; 4f you prsfvid6'specifc reasons that uvopld permit the City to ~conclutle that the are trade,secrets. . I hereby acknowledge that this information is complete and accurate; that the work will be in confortnance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a pertnit, and work is not to start without a pertnd; that the work will be in accordan with the approved plan in the case of wor which requires a review and approval of plans. x ~ X Applican£s Printed Name ApplicanYs Signat e Page 1 of 3 JUL-07-2016 10:34 411' City ot6aQau 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 6755875 Fax: (651) 675-5694 RECE1 ' -- 'jUh. 0 7 20th P.002 use tst.ue or 151.AGK ink For Office Use Permit*: J -31q10 Permit Fee: Date Received: Staff; 2016 RESIDENTIAL BUILDING PERMIT APPLICATION Date: 7/!/2016 site Address: 1085 Wescott Rd unit #, Owner Name: Tom Hansen (Enebak Construction) Phone: 612-366-2913 Address / City / Zip: 32825 Northfield Blvd, Northfield MN, 55057 Applicant is: Owner ✓ Contractor Type ortifosk �escriptionofwork: Demolition of house foundation, driveway, and retaining wall. Construction Cost: $11'400,00 Mutti-Family Building: (Yes / No ✓ ) Company: Veit & Company Inc. Contact: Jason Mueller Address: 14000 Veit PI city: Rogers MN. 55374 612-685-5930 Jmullert�veitusa.com State: Zip. Phone: Email: License #: Lead Certificate #: If the project is exempt from lead certification, please explain why: In the last 12 months, Yes No Licensed Plumber. Mechanical Contractor: Sewer & Water Contractor. Fire Suppression Contractor. COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING has the City of Eagan issued a permit for a similar plan based on a master plan? If yes, date and address of master plan: Phone: Phone: Phone: Phone: NOM Plays aod=w rdageb amaoto thatyoosabsolteromasideeedtobspe161i iadorswldaa. ,Patinas Of the kdonnati lr who ciessffedasaareia lic ifyoap.v.kkspecheasons diatamdd pecrolitthe Carto ,... ,, : ere trade CALL BEFORE YOU DIG. Call Gopher State One tall at (651) 454-0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.goahersteteonecall.orq 1 hereby acknowledge that this Information Is complete and accurate; that the work will be In conformance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan In the case of work which requires a review and approval of plans. Exterior work authorized by a building permit Issued In accordance with the Minnesota State Building Cod iji ust be completed within 160 days of permit issuance. x f%1 )7lf ifPJ 6 Applicant's Printed Name x Applicant's - ignature Page 1 of 3 Use BLUE or BLACK Ink City of apil For Office Use Pe # rrrat Fee: (.0 3830 Pilot Knob Road Eagan MN 55122 Date Received: 24_1 Phone: (651)675-5676 Staff. n Fax; (651) 675-6694 2017 RESIDENTIAL PLUMBING PERMIT APPLICATION Date: 7/14/2016 Site Address: 1085 Wescott Rd. Tenant: Suite#: Name Alliant Engineering Phone. 612-685-5930 Jason-Veit • FteS14*titfOlivrter -- Address/City/ZiP, 233 Park Ave. S,' Ste 300 / Minneapolis, MN / 55415 Name_ Veit & Company, Inc. License#: . . Address 14000 Veit Place ct.ye Rogers • StateMN Zip55374 Phone 763-428-6473 . . Contact' Jason Mueller Emailjmueller@veitusa.com New Replacement Repair Rebuild Modify Space Work in R.O.W Type Of AtVork' Septic Tank Removal Description of work: . „.,„ ,................................. . . .. . „ RESIDENTIAL , - Water Heater Water Softener Lawn Irrigation( RPZ PVB) ermttType " Add Plumbing Fixtures( Main I Lower Level) 'if Septic System New Water Turnaround Abandonment RESIDENTIAL FEES: $60.00 Water Heater,Water Softener, or Water Heater and Softener(includes State Surcharge) $60.00 Lawn Irrigation(includes State Surcharge) $60.00 Add Plumbing Fixtures, Septic System Abandonment,Water Turnaround*(includes State Surcharge) 'Water Turnaround(add$280,00 if a 314'meter is required) $115.00 Septic System New(includes County fee and State Surcharge) TOTAL FEES$60.00 CALL BEFORE YOU DIG. Call Gopher State One Call at(651)464-0002 for protection against underground utility damage Call 48 hours before you intend to dig to receive locates of underground utilities wvvvv,gopherstateonecall.org I hereby acknowledge that this information is complete and accurate;that the work will be in conformance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to start without a permit-that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans Jason Mueller Applicant's Printed Name App' Signature rOk0FPIOE USE . Reviewed By. • ,,„, Date Re441red,ITISPedtidi1t;,itr'' Under Ground Meter Related Items .'-'Meter Size koiti6 Read . Manometer Staff