1085 Wescott Rd CITY OF EAGAM Remarks r ,-W ~L~' •
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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
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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~
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--------------°'--....l.F.-'.!^~^;~"~~ . ...l~.P:-~..------. Pez -.C...(/. P1J _
Cheismen of Tnwn Bog~d Buildiig .Inspeetor
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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 •
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~ 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
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. 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
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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
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S. I.INE OF SW 1/4 SEC. 14 727 R23
WESCaTi' ROAD_
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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.
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NO-YEMS FIRST YEAli IN ~itEX:UCJIR TOTILL ASSESSTfQTS 7. j~
FL-irk Ac[ivity _NF3,1 JIS.SES41ENr&-PAmgLs DEGINQUEKr ANNUALS
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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
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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 $9,500.00,per the appraisal.
A letter iw.is submitted by MarCin and Marie DesLauriers indicating
thaC they obje-:__;d to Che assessment buC would be out of town on the night
of the meeting_-.IC is the landowners' posiCion that Che project did not
provide any be::efits to their property. Public Wozks Direceor Tan Colbert
indicated that DesLauriers were not eligible for the "large lot credit"
beCause their parcel was larger Chan S acres. Mr. DesLauriers was not
eligible for the "large 1pt credit" since it can be anCicipated that Che
lot wou2d be subdivided aC a future daCe. There was a credit given for
future zight-o£-way and easement dedications. Twaddell asked whether
or not there was a credit given far the lift station. Colbert indicated
that the lift station had just been acquired Chrough condemnation process
ri 4
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SPBCIAL ASSgSSlIENT ppLICY 86-3
'CITY OF EAGAN
ASSESSMENT AGREEMENT
ONDSVELOPBD/AGRICDLTpRAL gpMING
1380.78CR' NO(S), 467 & 450
THIS AGREEMENT Elated thi$ 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,
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LA^C 14zV
4444 ~ /41~
a....~ . ~ ~..b...~
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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,;
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, . City of Eagan 3 {
3830 Pilot Knob Road
Eagan,
Minnesota 55122
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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
~
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Msoty oF ecacjan _
NOB ROAp. P.O. BOX 21199 . . . .
NESOTA 55121
~ IRVEN DAHL
D . / 1025 WESCOTT RD
EAGAN MN 55123
~
CJ 5c) -55
~
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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~~
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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
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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
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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
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STORM SEWER LATERAL ASSESSMENT
IIIIIIIIIII, LATERAL BENEFIT FROM TRUNK STORM SEWER ~
3P ~
TRUNK STORM SEW S S ESSMENT AREA
Pto.tecT {!!07
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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
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LATERAL BENEFIT FROM TRUNK WATER MAIN
TRUNK WATER M ASSESSMENT AREA -
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STORM SEWER LATERAL ASSESSMENT
IIIIIIIIIII LATERAL BENEFIT FROM TRUNK STORM SEWER ~
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TRUNK STORM SEWE S ESSMENT AREA
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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