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1470a Skyline Rd CITY OF`EAGAN Remarks Addition Treffle Acres Lot 8'\ ~eik Pa~cei_ 10 77250 100 00 Owner Sveei 1470 S1CYl nevpr. C)l gtate_ E2.g3ri.MN 55121 ~ . , Improvement Da[e Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING 3puoo SAN SEW TRUNK ~!G 1968 ~eO O 3'I.Cl SEWER LATERAL WATERMAIN WATER LATERAL ~(.y O, DO WATER AREA :4:2Q 1977 110-66 1 STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Remarks Addition Treffle Acres Lot 9 Blk Parcel 10 77250 100 00 Owner% Street 11~f1 Skkylina TIr_ Scace ~FAgan~MN ~,K191 Improvement Date Amount Annual Vears Payment Receipt Date STREETSURF. STREET RESTOR. GRADING SAN SEW TRUNK el,;) 1968 100.00 30 P37(1 SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA i',V 1977 160-00 10-66 15 STORM SEW TRK STORMSEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. SUILDING PER. SAC PARK CITY OF EAGAN Remarks Additlon Treffle Acres Loc 10 sik Parcel 10 77250 100 00 Owner ~ , ~ / , ' Street 1470 SlZline DT'. State F3g311.,MN-1r,'121 Improvement DateJ Amount Annual Vears Payment Receipt Date STREET SUfiF. STREET RESTOR. GRADING SAN SEW TRUNK !1~1 SEWER LATERAL WATERMAIN WATEF LATERAL WATER AREA W 1977 160.00 LO GG LS STORM SEW TRK STOFM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK ~ Case Type 2: Condemnation ~ STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT City of Eagan, a Minnesota municipal corporation, Court File No. C4-90-6278 Petitioner, V. BTIPIILATION OF BETTLEMENT. Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. This STIPULATION OF SETTLEMENT is made and entered into this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). AECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter'called "Parcel 111); and Lots 8, 9 and 30, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 211)., i b. The City has commenced the above-entitled condemnation ~ proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landownere' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). c. The Dakota County Distr3ct Court (hereinafter the "Court") granted the Condemnatfon Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes § 137.042 and the Order of Court, transfer of title and possession of the Oriqinal Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A(hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in thls Stipulation, the _Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 ~ the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. The City and Landowners agree that of the $25,000 agreed award amount, $3,800 is consideration for the value of the land taken, and the remaining $21,200 of the award is for severance damages to the property of the Landowners remaining after the City's taking. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3 ! i 3. The City aqrees that upon request of the Landowners, the r City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a 6ubstitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. • 4. Thie Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. CITY~ GAN B omas A. Eg Its Mayor By 4E cul . VanOVerbeke Its erk Mack L. Salisbury F3elen Hanson Salisbury 4 s SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET MPLE VALLEY, MIh7JESOTA 55124-7580 (952) 432-3136 ~ ~ ~ ~WED TELEFAX NUMBER (952) 432-3780 E-MAIL bauett a seversonsheldoacom OCT 3 U 2003 'f0: John Gorder, Assistant City Engineer EFiGAN ~NGfP1EERiNG DEPARTMENT FROM: Robert B. Bauer, City Attorney/A--,/ DATE: October 29, 2003 RE: Kennerick Addition - Easen?ents Project 806 Our File No. 206-18571 John, Enclosed for the City's records, please find the following original recorded easements: A. Ponding and Utility Easement (William M. Ovem and Ann M. Ovem -/6 _ pjLfd0 Easement No. 899) dared April 15, 2003 and recordeci with the Dakota ~0 3-oU County Recorder on July 15, 2003 as Document No. 2078304;,/ B. Ponding and Utility Easement (William M. Overn and Ann M. Overn Easement No. 923) dated April 15, 2003 and recorded with th: Dakota ~ County Recorder on July 15. 2003 as Document No. 2078305; C. Ponding and Utility Easemen: (Christopher Marshall and Brende Vtarshall - Easement No. 920) dated Aprii 15, 2003 and recorded with I;ie Dakota ~Q ~ ? County Recorder on July 15, 2003 as Document No. 2078306; / 0!f--°~ D. Ponding and Utility Easement (Anne M. Maag - Easement No. 921) dated ~D - / ,~pril 11, 2003 and zecorded with the Dakota County Rec~~rder on July 15, v9/-d~? 2003 as Document No. 2078307; E. Ponding and Utility E'asement (Dale M. Naatjes and Suzanne Naatjes - Easement No. 922) dzted April 17, 2003 and recorde.' with the 1)akota County Recorder on Jul;r 15, 2003 as Document No. 2072308; John Gorder October 29, 2003 Page 2 • (ol~~ G~7a``a.,a~ 4~"'A~~•. F. Drainage and Utility and Temporary Construction Easement (Skyline MP~S~' Limi[ed Partnership - Easement No. 926A) dated May 16, 2003 and recorded witli the Dakota County Recorder on July 15, 2003 as Document /o -719 s~ _/OO- No. 2078309; 0. Drainage and Utility Easement (Skyline Limited Partnership - Easement ~ No. 926B) dated May 7, 2003 and recorded with the Dakota County SO (P Recorder on July 15; 2003 as Document No. 2078310; H. Drainage and Utility Easement (Skyline Limited Partnership - Easement f ~r No. 926C) dated May 7, 2003 and recorded with the Dakota County Recorder on July 15, 2003 as Document No. 2078311; L Yonding and Utility Easement (Todd J. Lutz-Chase f/k/a Todd J. Chase and / Mitsuko M. Lutz-Chase f/k/a Mitsuko M. Lutz - Easement No. 927) dated ~goo - /09-00 April 11, 2003 and recorded with the Dakota County Recorder on July 15; /6 - $D~p 2003 as Document No. 2078312; J. Ponding and Utility Easement (Michael Mitchell and Kathleen Mitchell - 093-00 Easement No. 929) dated April 28, 2003 and recorded with the Dakota /0 8 County Recorder on July 15, 2003 as Document No. 2078313; and ~6 ~ K. Drainage and Utility Easement (Gerald L. Braun and Edith L. Braun - Easement No. 972) dated April 11, 2003 and recorded with the Dakota (p County Recorder on July 15, 2003 as Document No. 2078314. 0,-;_ l~0 P~f'S ~S P rcOPcC_ ~re.~cJ. r~z / C) w.1 e r ?Qro~ j ~v L/ y ~ ! ~ ~ E:1 2078309 ~ wo ¢ Z O p W ~ ~ o y ~ W U C Z~ N ~Y ~ cc W ~ ~ 'L z u = F y¢ Q Q1 ~L ~ p C = ~ U 2 p o 3N ~ ~ c~ Ln N W OC) v 0 0 La ~ W ~ o ~ w N m LL, N W g ~ 3 0 V e~ F~ Ij Q = DATE RECEIVED 7-/~ -0 3 o~ ~ 3 0 ~ o o D A K dTA CO(~ ' TREqSUREFi-AUDITQR DRAINAGE AND UTILITY EASEMENT /w AP'Ill --.AJ~M ` - 1-iV1YUKElKYC UNJ1Kl7C1U1E1NT IN CONNECTION WITH EAGAN CITY PROJECT NO. 806 THIS EASEMENT, made f(_-tN day of ~~'la , 2003, between SKYLINE LIMITED PAR'I'iNERSHIP, a Minnesota Limited Partbership, hereinafter referred to as Landowner, 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 One Dollaz ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do V hereby grant and convey unto the City, its successors and assigi5, a pertnanent drainage and .b T utility easement together with a temporary construction easement over, across and under the ~ following described premises, situated within Dakota County, Minnesota, to-wit: ~ A permanent drainage and utility easement over, under and across the south 20.00 feet of the west 74.00 feet of Lot 8, TREFFLE ACRES, according to the recorded RECEIVED plat thereof, Dakota County, Minnesota. JUN 17 2903 Together with a temporary easement over, under and across the north 40.00 feet of the south 74.00 feet of the west 114.00 feet of said Lot 8. DAKOTA COUNTY 7{yEqSURER-AUDITOR Said temporary easement is to expire October 31, 2004. 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 reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the fiuther right to remove trees, brush, undergowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only For the necessary removal of trees, brush, undergrowth and other obstructions. The grant of the foregoing temporary construction easement for site grading purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at a(1 • , ~ reasonable times to construct, reconstruct and inspect site grading and the further right to remove trees, brush, undergowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowner, its successors and assigis, does covenant with the City, its successors and assigis, that it is the Landowner of the premises aforesaid and has good right to grant and convey the easements herein to the City. , - - - 1[V1 AJ 1llV1111VI VVI1 L.1\D VI', UlG L'r11111V WI10' L6J l:$l1SCLL l1llJ CGSCfIlGI1L lU UC CXCCLLLCU GS- of the day and yeaz first above written. SKYLINE LIMITED PARTNERSHIP, A Minnesota Limited Partnership B Cllicl', G`-i- Its: STATE OF MINNESOTA) )ss. COUNTY OF The foregoing instrument was aclaiowledged before me this ~ day of a 2003, by Tep., Sc%sb,,.,, , the PQ r„.~? , of S INE LIMITED PARTiNERSHIP, a Minnesota Limited Partnership, on behalf of, /thn limited partnership. i .r No Public APPROVED AS TO FORM: - - n / l JOELALAN RAUSCH ~ r~/~ r y/'7--- ~ ^J NOTARY PUBLIG M1!Nt: ~G7P. 't: mycpnmissionEtipaesJn.3tl City Attomey's Office Dated: 6f , 3l os APPROVED AS TO CON ENT: l P lic Works Department Dated: S- /G- -p-n THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Division Public Works Department 3830 Pilot Knob Road Eagan MN 55122 Easement #$93- 9 ;Z G R 2 EXHIBIT ~ TREFFLE ACRES 9 LOT 8 PERMANENT EASEMENT 1,480 sq. ft. F01 TEMPORARY EASEMENT 5,360 sq. ft. 114.0' ~ /5360 sq ft I 74.0' - r Storm Sewer 1480 5 ff N 40I ~ I ~ LJV \ scaE i. _ so. I G Easemm[s TRE REV 051403.dw Proposed Drainage & Utlility Easement May 14, Zoos City of Eagan Lot 8, Treffle Acres , SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3 136 RC GIY ~ `E ~ ED TELEFAX NUMBER (952) 432•3780 E-MAILbauerzaeversonsheldon.com U C i 3 U 2003 "CO: John Gorder, Assistant City Engineer EAGAN ..1iGl^dE="ING DE°ARTMEN I FROM: Robert B. Bauer, City Attomey/A-.,,/ DATE: October 29, 2003 RE: Kennerick Addition - Easements Project 806 Our File No. 206-18571 John, Enclosed for the City's records, please find the following original recordad easements: A. Ponding and Utility Easement (William M. Overn and Ann M. ON-ern - Easement No. 899) dated April 15, 2003 and recordeL: with the llakota io s-ov County Recorder on July 15, 2003 as Document No. 2078304;,/ B. Ponding and Utility Easement (William M. Ovem and Ann M. Overn Easement No. 923) dated April 15, 2003 and recorded with the Dakota ? County Recorder on July 15. 2003 as Document No. 2078305; C. Ponding and Utility Easemen: (Christopher Mazshall and Brendz Vlazshall - ~ Easement No. 920) dated Apr:l 15, 2003 and recorded with ~:ie Dakota ? County Recorder on July 15, 2003 as Document No. 2078306; D. Ponding and Utility Easement (Anne M. Maag - Easement No. 921) dated :april 11, 2003 and recorded with the Dakota County Recorder on July 15, 00? 2003 as DocumentNo. 2078307; E. Ponding and Utility E'asement (Dale M. Naatjes and Suzanne Naaijes - Easement No. 922) dzted April 17, 2003 and recorde' with the llakota 16 -gEioj ~ County Recorder on Jul;, 15, 2003 as Document No. 207t+308; John Gorder I October 29, 2003 Page 2 ' L 1• t~ ~la~ /,o~`nso~ "~~~~p;ne a7;L S. ~l`•-~`C`2~`~~ F. Drainage and Utility and Temporazy Construction Easement (Skyline Limited Partnership - Easement No. 926A) dated May 16, 2003 and ~ recorded with the Dakota County Recorder on July 15, 2003 as Document '7-2a5-0 _/dO- JO No. 2078309; G. Drainage and Utility Easement,(Skyline Limited Partnership - Easement No. 926B) dated May 7, 2003 and recorded wiih the Dakota County Recorder on July 15, 2003 as Document No. 2078310; ~ i ? ~ H. Drainage and Utility Easement (Skyline Limited Partnership - Easement No. 926C) dated May 7, 2003 and recorded with the Dakota Counry Recorder on July 15, 2003 as Document No. 2078311; I. Yonding and Utility Easement (Todd J. Lutz-Chase f/k/a Todd J. Chase and / Nlitsuko M. Lutz-Chase f/k/a Mitsuko M. Lutz - Easement No. 927) dated April 11, 2003 and recorded with the Dakota County Recorder on July 15, 2003 as Document No. 2078312; J. Ponding and Utility Easement (Michael Mitchell and Kathleen Mitchel] - 093-00 Easement No. 929) dated April 28, 2003 and recorded with the Dakota /0 828 County Recorder on July 15, 2003 as Document No. 2078313; and ~8'~ ~ K. Drainage and Utility Easement (Gerald L. Braun and Edith L. Braun - Easement No. 972) dated April 11, 2003 and recorded with the Dakota E~ (p County Recorder on July 15, 2003 as Document No. 2078314. 2.S _v -~d- n Ord!e~ ~!'s.:Ja 1 ,jEas~m~~s P ~ i ~ruc e- ~ Prol . ~(Z } i , Po.,c2 I " ~~2 ?P~~p. f'~ F 6 ~ o ~ 2078310 'A~`~.~ ° ~ ~ W ° j Y U \ ce, v w = cn W \ ` W ~ ~ ~ _ ? ol _ ~ H ~ U O LLI ~ > ~ cu++ ~ ~ W ~ ~ ~ a DATE RECEIVED 7 3 ~ p o 3 ~ W NTl' _ W a W EASUTA TR REA AUprTOR DRAINAGE AND UTII,ITY EASEMENT ~ IN CONNECTION WITH EAGAN CITY PROJECT NO. 806 THIS EASEMENT, made 7 da of MA~:( 2003, between SKYLINE LIMITED PART'NERSHIP, a Minnesota Limited P~artnership, hereinafter referred to as Landowner, and TfE CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter refened to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, a permanent drainage and utility easement together with a temporary construction easement over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: ~ A permanent easement over, under and across the south 20.00 feet of Lot 9, TREFFLE ACRES, according to the recorded plat thereof, Dakota County, ~ Minnesota. • J V ~ Together with a temporary easement over, under and across the north 40.00 feet - RECEIVED of the south 60.00 feet of said Lot 9. Also together with a temporary easement over, under and across said Lot 9 lying JUN 17 2003 westerly of a line described as commencing at the southwest corner of said Lot 9; thence on an assumed beazing of North 0 degrees 02 minutes 46 seconds East, DAKOTA COUNT'I a]ong the west line of said Lot 9, a distance of 149.53 feet to the point of TRFAWRER-AUDTTOR beginning of the line to be described; thence NoRh 16 degrees 21 minutes 28 seconds East a distance of 63.89 feet; tiience North 26 degrees 02 minutes 49 seconds West a distance of 40.80 feet to said west line of Lot 9 and said line there terminating. Said temporary easements expire October 31, 2004. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for drainage and utility purposes and the temporary construction easement includes the right of the City, its contractors, agents and - ~ ~ servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowners, its successors and assigns, do covenant with the City, its successors and assigns, that they are Landowners of the premises aforesaid and have good right to grant and convey the easements herein to the City. IN TESTIMONl' WHEREOF, the Landowners have caused this easement to be executed as of the day and yeaz first above written. SKYLINE LIMITED PARTNERSHIP, A Minnesota Limited Partnership B ~ Its: STATE OF MINNESOTA) )ss. COUNTY OF oTa The foregoing instrument was acknowledged before me this 7 day of 414..f 2003, byJb u,-:> the of SKYI,INE - LIMITED PAR"TNERSHIP, a Minnesota Limited PaRnership, on behalf of the Limited Partnership. ot ublic t4~ APPROVED AS TO FORM: niOMAS R. SHERr,nP,N NOTARY PUBLIC - MWNESOTA My Commission Explres 1•37-2005 City Attorney's Office Dated: (o ( i l(0 3 THIS INSTRUMENT WAS DRAFTED BY: City of Eagan APPROVED AS TO CONTE Engineering Department ~ 3830 Pilot Knob Road l ~ Eagan, MN 55122 Pu ic Works Department Easement No. $93- 9 Z G. E) Dated: 6--/2-03 1 I E EXHIBIT I i i EASEMENT SKETCH FO/1P ~ I NOTES: ~ 1., Th;s sketch does no, THE C/TY OF EAGAIV boundary survey. Purport to be a ~ \ \ 2.) Coordinate 6osi5: Dakoto Counly coartlinote \ \ \ syslem DESCRIPTION OF SUBJECT PROPERTY \ ~ I 3.) Exishng storm sewer shown hereon provided , Lot 9, TREFFLE ACRES, according lo the remrded plot therea( Dakoto by Banestroo. Rosene, AnEerlik ond Associa4s. Counly, Minnesota. \ ` P• O N. PROPOSED EASEMENT DESCRIPTION ' \ f A permanenl easement over, un0er and across the south 20.00 feet of Lot 9, TREPFLE ACRES, actording to the recorded plat thereol. Oakoto County, Minnesota. Together wilh o temporory eosement over, under and across the north ~40.00 teel of the south 6000 feet of saitl Lol 9. Also together with a temporory easement over, unCer ond across soid Lat 9 lying westerly of a line described as commencing at the / o a southwesl comer ot soid Lot 9; lhence on an ossumed bearing ol North 0 degrees 02 minules 46 secands Easl. along the west Iine of soid Lot o / I EesT LWE Of LOT 9 9, a dislonce o/ 149.53 feet lo the point ol beginning of Ihe line to be ? 2I ; 1^ TREFFI.E ACRES destribed; thence North 16 tlegrees 21 minutes 28 seconds East o I N J 3 distance of 63.89 leet; thente North 26 degrees 02 minutes 49 s secon ds Wes t a tlis tance o l 40.80 fee t to sai d west line ot Lot 9 ond I ; I q ~ cp ;i soid line lhere terminaling. SOUTM UNE OF LOi 9, ~ ~1 TREFFLE aCRES N $Oid lemporary e05emenls ezpire yS,fQ{?ts 3,(_;2-Ol oIzi y : .'.':1:':_:.',..'.'.:..':'...'o.... ? We hereby certi(y thal this sketch, plon or re0ort wos _ SiORU 5 wER prepored by me or under my instruclion and lhat I am a duly RegistereC Land Surveyor under the lows of "-N89°55'38'jW 164.92 (COMP)--' the Stote ot Minnesato. /65.00 (PLAT) y Sw CORHER oF L~I Oi 9 /I Dated this 191h doy of April, 2002 ~ ",r-i A ,A ,nr-p evc,r-;- ~ SUNDE'lANO $l1RVEYINQ LLC. e.GvuCi~ ~u_J 0 r Denotes permonent drainoge ond utility easement BY - ' Areo = 3,298 square (eet Scot~ J. oukup, R.5. Minn. Reg No. 17256 ~ l REVISED: April 3, 2003 (Revise eosemenls) ~ REVISED: April 24. 2003 (Revise temp. eosement) D emtes t emporory eosement N Area = 7' 476 squore ,ee, Sunde Land Surveying, LLC. ~ ( 9001 Eost Bloominglon Freeway (35W) • Suite I IB 5000-205 4I6134 /.1] RIJ 54 OBP/StIJ P0002050/SRl.dwg Bloominglon, Minnesota 55420-3435 Business. 952/881-2455 •FA%05l/Aftfl-OS)f, ~ ~ SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 N'EST 147TH STREET APPLE VALLEY, MQJIJESOTA 55124-7580 (952) 432-3I36 ~T r~~ E ED I`~ In W TELEFAX NUMBER (952) 432-3780 E-MAIL baue"@Scversonsheldon.com 0 C i 3 U 2003 'f0: John Gorder, Assistant City Engineer E~'GAN ~NIGHN!EERiNG DE°ARTMENT FROM: • Robert B. Bauer, City Attorney/A-,/ DATE: October 29, 2003 RE: Kennerick Addition - Easements Project 806 Our File No. 206-18571 John, Enclosed for the City's records, please find the following original recordad easements: A. Ponding and Utility Easement (William M. Ovem and Ann M. Overn - Easement No. 899) dated April 15, 2003 and recordeu with the llakota ~o a-oU County Recorder on July 15, 2003 as Document No. 2078304; B. Ponding and Utility Ease.nent (William M. Ovem and Ann M. Overn Easement No. 923) dated April 15, 2003 and recorded wlth th: Dakota V County Recorder on July 15, 2003 as Document No. 2078305; ~ C. Ponding and Utility Easemetr; (Christopher Mazshall and Bren& Vlarshall - ~ Easement No. 920) dated Api:i 15, 2003 and recorded wiUi I:ie Dakota County Recorder on July 15, 2003 as Document No. 2078306; ! 3~' ~ L D. Ponding and Utility Easement (Anne M. Maag - Easemen? No. 921) dated april 11, 2003 and recorded with the Dakota County Reaorder on July 15, Uq~_oo 2003 as Document No. 2078307; E. Ponding and Utility E'asement (Dale M. Naatjes and Suzanne Naatjes - Easemrnt No. 922) dEted April 17, 2003 and recorde.'• with the Dakota 16 - BEgoIj ' County Recorder on Jul;r 15, 2003 as Document No. 207?308; John Gorder October 29, 2003 Page 2 ~G,PQ J ~ ~,c 7G~?` 2. G~7a~'~'• F. Drainage and Utility and Temporazy Construction Easement (Skyline c yb"~ Limited Partnership - Easement No. 926A) dated May 16, 2003 and recorded with the Dakota County Recorder on July 15, 2003 as Document 7 -7a5 /o - No. 2078309; G. Drainage and Utility Easement (Skyline Limited Partnership - Easement p ~~P 1 No. 926B) dated May 7, 2003 and recorded with the Dakota County Recorder on July 15, 2003 as Document No. 2078310; ~ / ? ~ H. Drainage and Utility Easement (Skyline Limited Partnership - Easement No. 926C) dated May 7, 2003 and recorded with the Dakota County Recorder on July 15, 2003 as Document No. 2078311; 1. Ponding and Utility Easement (Todd J. Lutz-Chase f/k/a Todd J. Chase and / ivtitsuko M. Lutz-Chase f/k/a Mitsuko M. Lutz - Easement No. 927) dated ~ p~-o 0 April 11, 2003 and recorded with the Dakota County Recorder on July 15, /6 800 ~ 2003 as Document No. 2078312; g~ J. Ponding and Utility Easement (Michael Mitchell and Kaihleen Mitchel] - Easement No. 929) dated April 28, 2003 and recorded with the Dakota /0 8Qg County Recorder on July 15, 2003 as Document No. 2078313; and ~8 .K. Drainage and Utility Easement (Gerald L. Braun and Edith L. Braun - Easement No. 972) dated April 11, 2003 and recorded with the Dakota (P County Recorder on July 15, 2003 as Document No. 2078314. zS. ~ CGS~rv'r~^'~S ~C~GDr~P~ e- r~z Pro~. , ~•J v t ~ ' UAa~~ o o 207831 I ~ ~s~ 4?I ~ o ~=zW o W o ~ W W ~ xzLL~ ~ na Q ~ 2 ~ ~ 0 N = p U ~ v ~ _ 9 E ~ N W F U ~ C~.1¢W~ V 0 ~ Y J Q ~ ~ y+ ~°w U~ m W mp°~ ? ~ O ~ a ~ ¢ a ~ _ ~ DATE RECENED o ~n a jJ N o~ 0 o w v v DAKOTA COUNTY ' DRAINAGE AND UTII,ITY EASEMENT TREASURER-kUDITOR ~ IN CONNECTION WITH EAGAN CITY PROJECT NO. 806 THIS EASEMENT, made _7day of~ 2003, between SKYLINE LIMITED PAR7'NERSHIP, a Minnesota Limited P ership, hereinafter referred to as Landowner, and THE CITY OF EAGAN, a municipal corporatioq 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 One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, a permanent drainage and utility easement together with a temporary construction easement over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: A 20.00 foot wide permanent easement over, under and across Lot 10, TREFFLE ~ ACRES, according to the recorded plat thereof, Dakota County, Minnesota. The ~ centerline of said easement is described as commencing at the southeast comer of said Lot 10; thence on an assumed beazing of North 0 degrees 02 minutes 46 seconds East, along the east line of said Lot 10 a distance of 10.00 feet to a line lying 10.00 feet northerly of and parallel with the south line of said Lot 10 and the o ~ point of beginning o: the centerline to be described; thence North 89 degrees 55 ~ Q minutes 38 seconds West a distance of 61.60 feet; thence on a bearing of North a o d distance of 106.76 feet; thence North 16 degrees 21 minutes 28 seconds East a J distance of 93.25 feet to a point hereinafter referred to as Point "A;" thence North ~ 26 degrees 02 minutes 49 seconds West a distance of 84.04 feet; thence North 31 degrees 18 minutes 20 seconds West a distance of 3232 feet; thence North 35 degrees 32 minutes 50 seconds West a distance of 35.53 feet to the north line of said Lot 10 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said east, south and north lines of Lot 10. Together with a permanent easement over, under and across said Lot 10 lying northeasterly of and adjoining the above described 20.00 foot easement, and lying northerly, westerly, southwesterly and southeasterly of a line described as beginning at Point "A" described above; thence North 86 degrees 49 minutes 48 seconds East a distance of 20.00 feet; thence North 3 degrees 10 minutes 12 . • : seconds West a distance of 42.63 feet; thence North 26 degrees 02 minutes 49 seconds West a distance of 54.14 feet; thence North 31 degrees 18 minutes 20 seconds West a distance of 8.93 feet; thence South 58 degrees 41 minutes 40 seconds West a distance of 35.00 feet and said line there terminating. Together with temporary easement over, under and across said Lot 10 which lies 20.00 feet westerly of and adjoining the westerly line of the above described 20.00 foot permanent easement. Together with a temporary easement over, under and across said Lot 10 which lies - - -n'vi-thciiy,-casieiiy aiiu uuiiiieasieriy oi ine aoove descrioed-permanenreasements - - - - " - and southerly, westerly, and southwesterly of a line lying 50.00 feet northerly, easterly and northeasterly of the above described centerline. Said temporary easements expire October 31, 2004. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for drainage and utility purposes and the temporary construction easement includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construd, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowners, its successors and assigns, do covenant with the City, its successors and assigns, that they are Landowners ofthe premises aforesaid and have good right to grant and convey the easements herein to the City. IN TESTIMONl' WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. SKYLINE LIMITED PARTNERSHIP A Minnesota Limited Partnership its: \ 1 , ~ STATE OF MINNESOTA) )ss. COUNTY OF The foregoing instrument was acknowledged before me this ,day of w 2003, by ~;tslW S.dusB~io:tl , the - 7an,d.-~~ of S )eYLINE LIMITED PARTNERSHIP, a Minnesota Limited Partnership, on behalf of t Limited Partnership. _ - Public Y~~- APPROVED AS TO FORM: >THOMAS R, SHERMA N NOTARY pUBLIC MINNESOTA - ? My Commisslon Explres 1-31-2005 City Attomey's Office Dated: ~ 310 3 APPROVED AS CO NT: nd~ Pub ic Works Department Dated: s' /2 - D.:3 THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Division Public Works Department 3830 Pilot Knob Road Eagan MN 55122 Easement No.-893 g t 6Cii i . , EXHIBIT • ~ ~ / EASEMENT SKETCH FOR THE C/TY OF EA GA/V ~ PROPOSED DRAINAGE AND UTILITY EASEMENT OESCRIPTION OESCRIGil0.Y 0/ 51AJ[Ci PROPEFiY A 20.00 foat wide permanent eosement over. unEer and ocross Lot 10, TREFFLE O ACRES, occording lo the rccorded plat thereof, Dokoto County, Minnesoto. The g6 Lat 10. TREfRE ACRES, actaidinq b CMtGflillE of 90id G09GTGOl 19 describeE OS commencing pt thp SOUthpp9t pprpGf 0f /NORiH LME Oi' th. iecwEeE plot I~vtol. Oo4oto SOiC LOl 10; IhGOCG On 0n OSSUmltl ClOfin of North 0 Ee!!G9 02 Tinutl9 46 - ~ ~or io, 19 ceurtlY, um~.soto 9 9 iNEfPIE ACftES seconds Easl, along tne eosl fne of said Lot 10, o distonce al 10.00 (eet to o line lying 10.00 feet northerly of ond parollel with lhe south line of soitl lol 10 anG tht point of heginning of the centerline lo be descri6etl; lhence North 89 degrees 55 minutes 38 setonds Weet o distance of 61.60 ftet: lhente on a bearing o/ North o 3 distonce of 106.76 feeC thmce North 16 Oegrees 21 minules 28 seconds East a v21 s : ~ r m ` distance ol 93,25 feel lo a point hereinafter re(erred la as Point "A"; lhence Norlh ~ 1_56~~~~. 26 degrees 02 minutes 69 seconds West a distance of 86.04 lee(; (hence North 31 degrees IB minutes 20 seronES Wesl o Eislonce of 32.32 leel; thente North 35 degrees 32 minules 50 se<onEe West a tlistance of 35.53 feet to lhe norlh line of 10 N T ' 3 ~S; saiE Lol 10 antl saitl tmterline thero terminoting. The sidelines of soid easement 5S'itlph5.5 •1~:,> ~ yp \ ~o i.) inb .uemn aoea not oo~ow~ to e. are to be prolonged or shortened to lerminote ot soi0 eosl, soulh ontl norlh lines t'+ P~ ? a eounaary e~rwY. of Lot 10. ~ ~01q}ti \ p\01\o ~ \ e aJ toom~ate eoais: oowam Count To ether with a ermonenl eosement over, un0er ond across soid Lol 10 lying \2:.f;' coo.ainata e~lem Y 9 P norlheosterly of and odjoining the above described 20.00 (ool easement, ond lying J.) E.ietinq ~t«m .e.er ao.n Mmm norlherly, westerly, sovihweslerly onE sovtheosterly of o line described as beginning \..':.:•T~pi. m o yp i pradesa Cy Bon.stroo, Roaene. Anaen" al Point "A" described obove; thence North 86 degrees 49 minufes 48 seconds East ona enocmte. o distonce of 20.00 feet; thente Norlh 3 degrees 10 minutes 12 setonds West a tlislonce of 42.63 leel; thence Narth 26 degrees 02 minules 49 seconds Wes! o Omotm permonent a,alnoq. dislonce of 54.14 feet; thence North }I tleqrees 18 minutes 20 5econds WeSt a ona iawayea,~.re~i distonce of 8.93 feet; thence South 58 degrees 41 minutes 40 seconds West o PdNI A'-- M.o . 10,460 .Quore ie.t distonce of 35.00 leet ond said line thero lerminotin \ Q ` r f~ ' ' ~ 9' a Together with o temporary easement ove4 under ond ocross soid Lot 10 which lies b t~NN N / ~ ' h Oenolee lemporary emement 20.00 feel westerly of and odjoining the westerly line ol the above described 20.00 A.ea . iB.eoe .quorv feet (oot permanent easement. O ~ / (;bN ( Togelher with o temporory eosement over, under ond ocross said Lot 10 which lies ~ i northerly, easlerly, an0 northeoslerly of lht oCOVe describetl permanent eosements o ond southerly, weslerly, ond southweslerly of a line INng 50.00 leet nartheAy, easteny and norlheosledy of the above desuibed centerline. `o y Su ~ ~ -ig.... ~10 Soid temporary easemenls ezpire i0 I o We hereDy certity Inol Ihie s4etch, plon or r,pprl wos prepored Cy O ~ 1 t0'...... i me or unEer my imlrvcUOn onE that I am a au]y ReglslereE LonE ~ Survqur unUer Ihe lowg of Ihv Slale of Minnemla. < DatsO this 2n0 Oa1 0l YaY. 2002 Z \ I \ SUNDE LAND $URVETINC. LLC. ~ NB795'3B'w;' ' ~ Scoll J. S~up. R.LS. ' Reg Na. S. IiNE OF I7256 c. lOT i0 TREFRE o/ o REVISED, ADItl 3, YOOJ (Redae ememmts) ~ ACRES ~'`.-ID~ REhSEO: epra 24, ZOOJ (Herze eammmb) !SiORU SEw'ER- c a r a NB9 SSJB"W IE•J.JI (COMP)' ~ SIX1iHERST CORNER OF LOi io 65. 00 Sunl~e Lanli SurVe~'Zn,~, LLC. A V.~,`- , ur+ AND E 1 P0.00 i'iARALLEL . N WI'LYiH OL iNE 9001 East Bloomin9ton FreewoY (75W) • Suite IIB - 5 nHV nv inr in Bloominalon. Minneaola 55420-}4}5 869 6180 " 101E~3/1995 10:33 869-6180 RUPPERT & RUPPERT PAGE 01 RIIPPERT & RIIPPERT ASSOC7ATE5. INC. tiEAL ESTATE eOPN'.i5ER5. GAOMCRS b CONSUITANYS 9VI1E -00 I700 WC$T 78^ 5TR6CT n.J.auve[oT.3 wA.nw[9iotn+ MIV14S~LI9. KI2"L50'LA 63426 rc:PwOw[ ~~/eev-oa6o r~~piui~t 6isieea-Si60 fCOTTJ.~UaPC9~.J O.VIGC+~~SIDE+• 1 FA iMii_.F. C'OVER SHEF.T TO: ~j kirsc-14 _ FAX NO: (aS m' q-y~O FROM: C,O-Tf I~, e ga-r4- RE: S e,~ ~v CaR D - DATE: I als AiS- PAGE COUNT: 57' _ (INCLUDING COVER SHEE'I') COMMENTS: CLAAucJ-Jo9 tt.w-&e ct, c~eSC.~' i~'i Gn p~ ,~yrtor,~- i?~ c~V~1~C:~`'~ t~ Lok 43-1o w.~e 5~cv~c~d~ c~ S.~ s 1 c~a THI MESSAG - IC T.ND D O -Y F R TFIE P. OF THE ADDRESSF.F. AND AY COT'T IN INFO MATION THAT IS PRLMrF . .D Nn CCINFIDEr"i'IAT lTyou ore not t6e inteaded recipient, you are bereby notiied that aay dusemination of this communication ia atrictty prohibited. If you hsve received this communicaHon in error or if you have any questioas regardiug this taz transmittal, please potity us immedigLelv by telepbone st 612-869-9230. Thank you. racrom+.wva 869 6180 • 10i25/1995 10:33 869-6180 RUPPERT & RUPPERT PAGE 92 . f SAF! 05 '90 12:38 Mr' 936 P02 ~ pR 2021 &ast rtennepln Avcnue Easernent ~q~ Minncapulls. MN 65113 M8t~m ""'p'"onm 612-331 -"W sonvym NO. 89-34R Auoantes,Utc. FAX]31-7b06 PYnnen AARCEL NO,t 10-77250-100-00 a1MER: Mack and MQten Sallsbury 1470 Skylfne Road SL. Paul, f{H 55121 OESCRIPTION OF EASfMEHTt A permanant oasement for public roadway and utility pnrposes over, under and tcross that part of Lots 8,9 and 10, 7REFFLE ACRES, according !o the plit on file in tha office oP the Dakotl County Recorder which 11es northxesterly of the following described l1ne: Commenctng at the aast northerly corner of safd Lot 8; thence south 88 degrees 57 mloutes 48 seconds East 125.00 feet, assumed bearing, along the north line of Lot 7. said TREfFLE ACRES; thenco North 88 degrees 57 minutes 48 saconds West 25.14 feet; thence southwesterly 102.27 17eet along a taegential curve, toneave to the south, havlny i radiLS of 270.00 feet and A caotral angle of 21 degrees 42 ainutas 09 seconds to a pnint on the east line of sald Lot 8 and the point of beginning of the line to be described; thente continuing southrwsterly 56.68 feet along said curve having a radius of 270.00 feet and a cantral angle of 12 deqrees 01 minutes 42 seconds; thence South 57 daqrees 18 minutes 21 seeonds West, on a line parallel with Skyline Orive 534.06 feet to the west ltne "of sald Lot 10 dtstant 12.02 feet south of tAe northwest corner of said Lot 10 and satd line there terminattng. ' Page 1 of 3 NOTE: NoMunOrry iY1Vlyworkwupe,formedaslO[Pepredie IMQRLEYClRT1iYTMATTM155URVEY,PLAN.01tRlPOR7WASPNGPARLO IOCatlono(fhi5tra<t prMEORUNDERMVDtNECTSUP RVI NANDTNATIAMA DUIVRE('ii5 I.AND9U Yo1tUNtl !E SOFTMCSTAIE(7FMINnFSQTA 4 ~ W RLG. O 1 9 ~•IDAle OANtEL R.MCGIBBON REG.ND.IetlBJ OATE 869 6180 10l05/1995 10:33 869-6160 RUPPERT & RUPPERT PAGE 03 . y JAN 05 190 12: 3B MG'" 936 P03 ' A perroanent easement for stors sewer and Orainage purposes over, under and across that part of Lots 9 and 10. TREFFLE ACRES, accordtng to the plat on f11a 1h the Offlce of the Dakota County Recorder deseribed as follows: Comnancing at the northwest torner said Lot 10; thence North 67 degrees IB oinutes 21 seconds East, assumed bearing, along the norihwest ltno thQreof 82.00 feet to the point of beginnioq; thencQ Soutfi 57 dQqrees 18 minutes 21 seconds Mest along said nortAwest line, 25.00 feet; thence 5outh 32 doyreea 41 minutes 34 soconds East 200.00 foat; thenca North 57 deqrees 18 minutes 21 seconds Eas! 40.00 feet= thence North 63 degrees 39 mtnutes 29 seconds Mest 29,16 feet to itg 1ntersection wtth a linQ rhlch bears South 32 dagrQes 41 minutes 39 seconds Etst from the potnt of beglnning; thence North 32 dayrees 43 minutes 39 seconds Mest 75.00 faet to the polat af beginning. And a 15.00 temporary construction easement over, under and across that part of sald Lots 9 aad 10 which lies southresterly anQ northeasterly of and adjacent to the above described permanent easemeni. 7ogether with a permanent easement for ponding and flowaqa purposes over, . under and icross that part of sald Lots 8, 9 and 10 described as foliowa: Coamencing at the northwest corner of satd lot 10; thence Sauth 00 degrees 58 minutes 29 seconds Yest, assumed bearing, along the west. line of said lot 30 a dtstance af 120.16 feet to the polnt of beginning of the part to be described; thence North 57 degreas 18 minutas 21 seconds Ea:ct, a1on9 a 11ne psratlel wlth the northwestarly T1ne of satd Lots 8, 9 and 10, a dlstance of 355.00 feet; thence South 20 degrees 18 minutes 21 seconds West 178.00 feet; thence South 00 degrees 58 Alnutes 29 seconds Mest 120.00 feet; thence South 50 degreea 30 mSnutas 21 seconds Wc:st 94.02 feet; thente North 88 degrQes 57 minutes 48 saconds Hest 165.00 feet to a point on the vrest line of sald Lot 30; Lhence North 00 degrees 58 minutes 29 seconds East 152.00 feet to the polnt of beyfnning. Page 2 of 3 869 6180 10i05/1995 10:33 869-6180 RUPPERT & RUPPERT PAGE 04 SRN 05 ' 90 12: 39 rx`^ 936 P04 i Toyether wlth a permanent easement for tlttiity purposas over. under and across that part of sa/d Lot 6 dascribed as conaenciny at the wost ooriharly corner of said Lot 8; thence touthwesterly alonq the northwastorly lot 11ne 92.00 fQet; thance southaastarly dQfiectlnq to the left at a right angle to satd northresterly lioe 20.00 fQet to the point of beglnnfng of the part to 6Q doscribQd: thanca contlnuing along the axtenston af the laat dQSCribed 11ne 10.00 feet; thence deflectlny southwastorly. at, a rlyht angle 80.00 fEet; thQnce defTecting nortMresterly st a rfght anyla, 10.00 fQet: thence defloctinq northeastarly, at a riqht snglo 80.00 ftet to the potnt aP beySnning. Togather rtth a temponry easearent for construction purposas over, under and •crosa that part oF sald lot 8 which 11es 15.00 feet aoutheasterly of anC adJatant to the southeastarly line of the above described peraanant easement. SaiC permanent roadway and utillty oasancnt contatns 6*065 squara faQt more or less. Said perrp8net utiliLy easeaient contatns 600 square feet More or less. ~ ~ .46 /;'va - # .276•00 Said permanent drainage easement coetains 2.563 squ3r'e feet nore or loss. (s , d~/FF' _ { 11.98. 98 SafG ponding easament contalns 1,291 acres awre or )ess. 8 .4 d /44 2 = $.2 S.QZO ~ Satd temporary constructton easeownt contatns 3,600 sQuare feet oere or less. 9 • LA 6 Y la 70, = # I15 ao Said twnporary easement expires December 31, 1990. 'i"U,I.vL1 : A..2 7, yy0• 5$ ~ Page 3 of 3, 869 6180 10!P.5/1995 18:33 869-6180 RUPPERT & RUPPERT PAGE 05 , JAM 05 '90 12:40 M^^ 936 P05 a i : ioo' / .Pa.~ Jr~~.a n.,:ti;sr' ~ o~ ~ R. C70.aw p~ t~ c..r..os ~ ~F ~ e y ~ ~ .r~ • uf wp1 ~ ~o . SIr YL / ,VE , I ~t• ~ ~ ~ ~ ~ S0 I940 ~ ~re lp~d y %~-~1 t G F~ b I ~o 15Z ; g . ~ 9 I 8 ~ ~ ~s so'ao i~ si. e~ • .ves s7 fs w aown Ey: .~.~o Es, .rs~ .r/,~/•^ jn:rn-No. DrOr+nq 7itle CoD. R. I'1s Dote 7l?4I59 Sn~ (o ~ ~~g3 °I3?(0q1 sler4 a- 4 Tl~f ls wa.s d2e-F~a,-~h~zd ity oF eac~an o r«.yd 1'04 THOMASEGAN Mayoi PAiRICIA AWADA DATE: o v"t'". I O, //~"JJ SANDRA A. MASIN ' THEODORE WACHTER CouncllMembeu THOMAS HEDGES qN Adminlstmbr E. J. VAN OVERBEKE aN ae~k 70: Ae6 R,4~6,p' TRANSMITTAL FRoM: E ~ I ~ r ~s~h t RE: Pk0 7. No, S43 2 17EM(S): DESCRIPTION ~ `044 a~ 5f~v U10.~:On 07 ~ h-J~l C~ CD4 LIQ nn4~09 PURPOSE: As requested Review & Retum . For your InformaUon Retum/reply to sender For your approval Other (see remarks) REMARKS: a-F Se f-filee.f GL, ICzco.c(e~ RNVr, J5l4LLFN WAS ))Awm ,4-t TNE ~~i La~' /1.tQk 0. 71 D H P w•t r nd ~t aV q D o o--l/n~ id 1; j4SEinc.--{: in J;~~.f;n~t lS Rtt~.,f, cl ~[j-eaS[ CALL ~F yQJ rt6~t Clh/ ~UBf~DnS r Y MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY ; 3830 PiLOi KNOB ROnD THE SYMBOL OF STRENGiH AND GROWTH IN OUR COMMUNRY 3`~~ COACHMAN POINT EAGAN. MINNESOTA 55122•1897 EAGAN, MINNESOTA 55142 PHONE; (612) 601•4600 PHONE: (612) 681-4300 Fnx: (612)6e1•4614 Equal Opportunlty/Alllrmailve Actlon Emptoyer FAx: (612) 681-4760 TDD: (612) 454.8535 iDD: (012) 454-8535 ~ ~ STATE OF MINNESOTA) - ) ss. - COUNTY OF DAROTA ) On this 941 day of r; , 1992, before me, a Notary Public within and for sa d c unty, personally appeared Thomas A. Egan and E. J. Vanoverbeke, to me personally known, who being each by•me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JE~NiNN~~ot~ • NpTARY PUBLJC - IV DAKOTA COUN~Y~ NO i Ptlb 1C My aom~la~lon ~xp~ STATE OF MINNESOTA) L4Ko-14.. ~ ss. COUNTY OF The fore o'ng i strument was acknowledged before me this day of C , 1992, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. TMOMAS R. SNERMAN NOTARY iUBLIC • IAINNEBpTA HENNEPIN COUNTY y Pt1b11C _ My commiselon azptrae 1-0DA7 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: THIS INSTRUMENT WAS DRAFTED BY: ~ LEONARD, STREET AND DEINARD Pub ic Works Department Suite 2300 Dated: Cz- S'-f Z 150 South Fifth Street Minneapolis, NN 55402 (335-1500) JRD 5 (t. ' . A vn ~`I _ ~gp SEVERSON, WILCOX & SHELDON, P.A. RECEIVED DEC f f A PROFESSIONAL A3SOCIATION ATTORNEYS AT LAW LARRY9.SEVER30N' KENNETHR HAI.L .fMSES F. SHELDON •••SC07T D. JOHN51'ON J. PATRICK WILCOX• 800 MIDWAY NATIONA[. BANH BIIILDING JOSEPH P. EARLEY MICHAEL G. DOUGHERTY 7900 WEST 147TH 3TREET fAItEN M. SOLFEST MICHAEL E. MOLENDA•• APpLE V ~Y, 32~3136SOTA CHRISTINE M. SCOTILIA ANNETTE Tt MARCARIT TELEFAX MJMBER 492-3780 DANIEL M. SHERIf/AN •AL90 LICENSEU IN ]OWA °A690 LICENSED IN N7SCON9IN OF COUNSEL. •••AL80WCENSEDMNEHqASNA .IOHNE WKELICH December 11, 1990 Tom Colbert Public Worke Director City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Skyline Easement Acquisition Costs Eagan City Project No. 543R•'-. Our File No. 206-5518 l Dear Tom: The following is a summary of the easement acquisition costs for Project 543R as you requested. 1. Phillip M. and Valerie Heller This easement consisted of 244 square feet for a permanent roadway easement; 7430 square feet for a permanent drainage and utility easement and 8024 square feet for a temporary construction easement. This matter went to the Commissioners. Our appraisal estimated damages at $5,700.00. The Hellerst appraisal estimated damages at $23,400.00. The Commissioners' award was $15,710.00. 2. Freder3ck C. and Maxine Delosh This easement consisted of 42,020 square feet for a ponding and drainage easement. This also went to the Commissioners. Our appraisal was in the amount of $8,900.00. The Deloshs' appraisal was in the amount of $44,000.00. The Commiss oners awarded $16,300.00. 3B.8 1/f 6 zfL¢/0 Tom Colbert December il, 1990 Page Two 3. Todd and Constance Reid This easement consisted of 2,233 square feet of ponding and drainage easement. Our appraised value was $640.00. The negotiated acquisition price was $2,000.00. Sp,~ `28-74/p 4. Norman and Joanne Lindman This easement consisted of 427 square feet of ponding and drainage easement. Our appraised value was $120.00. The negotiated acquisition price was $786.09. r ~ /P Y /Qti ZS. r 5. Michael and Margaret Sullivan This easement consisted of 3,308 square feet of ponding and drainage easement. Our appraised value was $940.00. The negotiated acquisition cost was $3,150.00. qS Z~~~ ~ Za yF~ ~ ~ 6. Loren and Terry Berkness This easement consisted of 1,586 square feet of ponding and drainage easement. Our appraised value was $450.00. The negotiated acquisition cost was $1,562.00. za,y</0 7. Donald and Rose Vimr These easements consisted of 783 square feet of drainage and utility easement and 1,745 square feet of temporary construction easement. Our appraised value was $520.00. Our final acquisition cost was $1,500.00. 8. Mack and Helen Salisbury This acquisition consisted of 2,575 square feet of temporary construction easement and 56,236 square feet of permanent ponding easement, 6,065 square feet of roadway easement, 23,522 square feet of temporary ponding easement and 600 equare feet of utility easement. Our appraised value was $23,300.00. The negotiated acquisition cost is $40,000.00 ($15,000.00 direct payment and $25,000.00 as a czedit against future assessments) including a realignment of the pond, . Thie agreement also calls for a waiver of any appeal against the final assessment amount. Tom Colbert . December 11, 1990 Page Three 9. Mr. and Mrs. Murray The Murrays qrantad a 4,505 square foot ponding and drainage easement for $1,775. This was the appraised value. 39, 4 ¢/4 10. Mr. and Mrs. Wigley The Wigleys qranted a 628 square foot permanent roadway easement for $315.00. ,rp,zVo Please contact me if any further information is needed. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. ~ J seph P. Earley JPE/djk "c 83af8.a9 5&- cl/ -77 Sa13 Case Type 2: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT City of Eagan, a Minnesota municipal corporation, Court File No. C4-90-6278 Petitioner, V. BTIPIILATION OF BETTLEMENT Frederick C. Delosh and Maxine - Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. This STIPULATION OF SETTLEMENT is made and entered into this ~ day of December, 1991, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2"). b. The City has commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property , as described in the Condemnation Petition (hereinafter the "Original Easements"). c. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes $ 117.042 and the Order of Court, transfer of title and possession of the Original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A(hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their 3 sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. 4. This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. CITY ' B homas K. gan its Mayor BY E.);4 VanOverbeke Its Clerk Mac L. Salisbury He en anson ali ury 4 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this fl,(, day of December, 1991, before me, a Notary Public within and for said county, personally appeared Thomas A. Egan and E. J. VanOverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JENKINS NOTARY PUBLIC - MINNE90TA DAKOTA COUNTV NOtyf ' Pllb 1C w7 owmmewbn axpres 7a2-07 ~ STATE OF MZNNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of December, 1991, by Mack L. Salisbury and Helen anson Salisbury, husband and wife. THOMAS R. SHERMAN NOTARY PUB4C • MINNESOTA HENNEPIN COUNTY Mr OwnmWglOn Wires 1a01-e7 ary Publi APP VED AS TO FORM: City Attorn y's Offi Dated: /3 fii I- APPROVED AS TO CONTENT: THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Publi Works Department Suite 2300 Dated: 150 South Fifth Street Minneapolis, MN 55402 (335-1500) JRD 5 . ~ • ' - A permanent easement far storm sexer and drainage purposes over* under' and across that part of Lots 9 and 10, TREFFLE ACRES, according Lo the plat.on file in the Office of the Dakota County Recorder described as folloxs: ' Comnencing aL the.oorthrest corner said Lot 10; thence North 57 degrees ~ 18 minutes 21 seconds East, assumed bearing, along the northxest line • tAereof 82.00 feet to Lhe point of beglnning; tAence South-57 degrees 18 . minutes.21 seconds West along said northwest 11ne, 25.00 feet; thence ; South 32 degrees 41 vlnutes 39 seconds East 100.00 feet; thence North 57 ~ degrees 18 minutes 21 seconds East 40.00 feet; thence North 63.degrees 39 minutes 29 seconds West 29.15 feet to its intersection xlth a line rhich bears South 32 degrees 41 minutes 39 seconds East from the point of beginning; thence North 32 degrees 41 minutes 39 seconds West 75.00 feet to the point of beginning. Together with a pemaneot easement for ponding and flowage purposes over, . under and across that part of said Lots 8, 9 and 10 described as fo7lows:• Cortonencing at the northwest corner of said Lot 10; thence South 00 degrees 58 minutes 29 seconds West, asswced bearing, aiong the xest lfne of said lot 10 a distance of 120.16 feet to the point of beginning of the part to be described; thence North 57 Qegrees 18 oinutes 21 seconds East, along a line para11e1 with the northwesterly line of said Lots 8. 9 and 30, a distance of 355.00 feet; thence South 20 degrees 18 minutes 21 • seconds West 178.00 feet; thence South 00 degrees 58 einutes.29 seconds West 120.00 feet; thence South 50 degrees 30 oinutcs 21 seconds West 94.02 feet; thence North 86 degrees 57 alnutes 48 secoods West 165.00 feet to a point on the west 11ne of said Lot,10; thence North 00 degrees • SB•minutes 29 seconds East 152.00 feet to the point of beginning. . Exlilbtt A 77aso 1 - city of eagan MUNIqVAI CENTER MAINTENANCE FACILITY ' 3830 PILOT KNOB ROAD 3501 COACHMAN POINi - THOMAS EGAN Mayot EAGAN. MINNESOTA 55171-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681-4300 PATRICIA AWADA FAX: (612) 681•4612 FAX: (612) 687-4360 PAMEIA McCREA TIM PAWLENtt iHEODORE WqCHiER CounCll Members April 15, 1992 THOMAS HEDGES Clry Atlminlnslrator EUGENE VAN OVERBEKE City Clerk SHARON K HILLS, ASSISTANT CITY ATTORNEY SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TIi ST APPLE VALLEY MN 55124 Re: stipulation of Settlement Saliabury v. City of Eaqan Dear Sharon: Enclosed please find six (6) original agreements relating to the above-referenced settlement. These agreements have been executed by City staff, but still need to be signed by the attorney. Once these signatures have been obtained, please return an original to the City for our record keeping purposes. Thanks, Sharon, for your assistance in this matter. Sincerely, , M.~kins igineerl' g S ecretary y /Jm7 Enclosure THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equai Opportunity/Attirmative Action Empioyer ~ sity oF eagan 3830 GILOT KNOB ROAD THOMnS EGAN EAGAN, NdNNESOiA 551221897 Wror PHONE: (612) 454 -$700 DAVID K GUSTAFSOn' FAX (612) 454 -8363 v,nnnEln McaEa TIM PAWLENTY THEODORE WACHTER Courcil hlembers THOnMS HEDGES Gry Atlmm¢tta:or EUGENE VAN OVFRBEI(E December 18, 1991 cMCkzrk MR MIKE DOUGHERTY SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL SANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: 8tipulation_of Bettlement=Easemeat Condemnation LLOts 8,j 9, 10 6 13,LTreffle Acrea ' Stipulatioa of Bettlement - Assessment-Appeal Parcal 10-77250-100-00 8 Parcel 10-77250-130-00 Dear Mike: Enclosed please find seven copies of the Stipulation of Settlement pertaining to the easement condemnation, and six copies of the Stipulation of Settlement for the assessment appeal. We retained one copy of the assessment appeal agreement for our files. When the Stipulation of Settlement for the easement condemnation is fully executed, please return one copy to the City. Thanks for your assistance in this matter. Sin rely, ~ J y M.~Jn s E gineering Secretary /]m7 Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIlY Equal Opportunity/Attirmative Action Employer . Case Type 2: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAROTA FIRST JUDICIAL DISTRICT City of Eagan, a Minnesota municipal corporation, Court File No. C4-90-6278 Petitioner, V. STIPIILATION OF SETTLEMENT Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondente. This STIPULATION OF SETTLEMENT is made and entered into this day of December, 1991, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Saliebury, husband and wife (hereinafter ^Landowners"). RECZTALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows• The North Half of Lot 13, TREFFLE. ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (herefnafter called ^Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called ^Parcel 2"). , .a ~ . b. The City hae commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation°) for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). c. The Dakota County District Court (hereinafter the "Court°) granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes $ 117.042 and the Order of Court, transfer of title and possession of the Original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquirinq of the original easements over Parcels 1 and 2. e. As a part of the Oriqinal Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A(hereinafter called the ^Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 the City is willinq to aqree to such modification and relocation of the Permanent Easementa. q. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landownera agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator oP the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to qrade, at their 3 , sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to etore up to 6.3 acre feet of storm water. 4. Thie Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assiqns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. CITY OF EAGAN v ~ By omas . gan Its Mayor By ~ ~1~1" E. . VanOverbeke Its lerk Mac L. Salisbury Hulen Hanson Sa is'6ury 4 STATE OF MINNESOTA) ) 88. COUNTY OF DAROTA ) On this ~ day of December, 1991, before me, a Notary Public within and for said county, personally appeared Thomas A. Egan and E. J. VanOverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JENKINS ~ «~t, f~ ~i~•~~-~~ NOTARY PUBLIC • MINNE80TA ~ DAKOTA COUNTY NOt Y Pllp C My mmmbwon wp4m 7•22i7 STATE OF MINNESOTA) ) ss. ' COUNTY OF ) - The foregaing instrument was acknowledged before me this day of December, 1991, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. THOMAS R. BXERMAN '4~' 4--Xo' NOTARY PUBLIC - MINNElp'?A t HENNEPIN COUNTY ary Public MY commleebn m~plrea 1 9DR/ APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Public orks Department Suite 2300 Dated: 150 South Fifth Street Minneapolis, NIIN 55402 (335-1500) JRD 5 . " r " ~ . . . A pemanent easement for storm sexer and dnlnzge parposes overs under* and - across that part of Lots 9 and 30, TREFFLE ACRES, according to !he plat on file !a the Off1u of the Dakota County Recorder described as follors: ' Comencing at Lbe.northrest toraer stid Lot 10; thence North 57 degrees 18 oinutes 21 seconds East, usumed beartog, alon9 the aorthrest line ••.thereof 82.00 feet to the point of begtnning; thence South•57 degrees 18 -.minutes_21 seconds Yest along sald northwest 11ne. 25.00 feet; thence South 32 degrees 41 slnutes 39 seconds Etst 100.00 feet; thence North 57 degrees 18 minutes 21 seconds East 40.00 feet; thence North 63 degrees 39 minutes 29 seconds West 29.15 feet to its interseciton rlth a 11ne rhfch Dears South 32 degrees 41 minutes 39 seconds East from the potnt of beginning; thence Horih 32 degrees 41 minutes 39 seconds West 75.00 feet to the point of beginning. i _ Together with a permanent easement for ponding and floxage purposes over, , under and uross that paM of said Lots S. 9 and 30 described as follors:CortQnencing at the northwest corner of said Lot 10; thence 'South 00 degrees 58 minutes 29 seconds Yest. assumed bearing, aiong the xezt line of satd lot 10 a distance of 120.16 feet to the potnt of beginning of the part to be described; thence North 57 degrees 18 minutes 21 seconds Eazt, along a line para11e1 xith the northwesterly 11ne of satd Lots B. 9 and 109 a distance of 355.00 feet; Lhence South 20 degrees 38 minutes 21 seconds West 178.00 feet; lhence South 00 degrees 58 mlnutes.29 seconds West 120.00 feet; thence South 50 degrees 30 mfnutes 21 seconds West 94.02 feet; thence NortA 88 degrees 57 mlnutes 48 seconds Yest 165.00 feet to a polnt on the rest line of sald Lot.10; thence North 00 degrees • 58.IDinutes 29 seconds Eut 152.00 feet to the potnt of beyinning. . . Exhibit A T SEVERSON, WILCOX & SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT I.AW LARRY S. SEVERSON' KENNETH R.HALL JAMF.S F. SHELDON 600 MIDWAY NAT[ONAL BANK HUILDING '"'SCOTf D. JOHNS'1'ON J. PATRICK WILCOX' LOREN M.SOLFEST MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET CHRISTINE M. SCOTILLO MICHAEL E. MOLF.NDA^ APPLE VALLEY, MINNESOTA 55124 ANNETTE M. MARCARIT (612) 432-3136 DANIEL M. SHF.RIDAN TELEFpX NIJMSER 432-3780 SHARONK.HILLS MAAIL D. STENIIF.CK 'N.50 LICENSED IN IOWA ^ALSO LICENSEn IN WISCONSIN ...p7,50 LICF,NSED IN NEBRASKA OF W UNSEL JOHN E. WKELICH March 26, 1992 Gene VanOverbeke City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 ~ Re: Salisbury v. City of Eagan - Assessment Appeal Our File No. 206-9801 Dear Gene: Enclosed please find a copy of a letter from the opposing attorney, an original and five copies of the revised Stipulation of Settlement and the allocation of damages report. The revised Stipulation of Settlement was reviewed and the dollar amounts verified. Accordingly, this matter may be put on the City Council agenda. Upon the Council's approval, the Stipulations may be fully executed by you and the Mayor. If you have any questions or concerns, please do not hesitate to contact or office. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. S on K. Hills SKH/wkt Enc. r Case Type 2: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT City of Eagan, a Minnesota municipal corporation, Court File No. C4-90-6278 Petitioner, V. BTIPIILATION OF BETTLEMENT Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al., Respondents. This STIPULATION OF SETTLEMENT is made and entered into this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners"). RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 111); and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2"). b. The City has commenced the above-entitled condemnation proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements"). c. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23,300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes § 117.042 and the Order of Court, transfer of title and possession of the Original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take"). d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2. e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A(hereinafter called the "Permanent Easements"). f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 2 M1 e the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25,000.00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. The City and Landowners agree that of the $25,000 agreed award amount, $3,800 is consideration for the value of the land taken, and the remaining $21,200 of the award is for severance damages to the property of the Landowners remaining after the City's taking. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25,000 plus interest accrued thereon pursuant to Minnesota Statutes § 117.195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall itnmediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3 ~ 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6.3 acre feet of storm water. 4. This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. CITY GAN B omas A. Eg Its Mayor By ~A k)a~ OA A V E. VanOverbeke Its erk Mack L. Salisbury Helen Hanson Salisbury 4 . STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this 944 day of r; , 1992, before me, a Notary Public within and for said c unty, personally appeared Thomas A. Egan and E. J. VanOverbeke, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. JUDY M. JENKINS ~ NOTARY OU9UC - MINNE90TA My ~ C zaei No r Pub ic STATE OF MINNESOTA) ; ss. COUNTY OF K The fore 'ng i strument was acknowledged before me this day of l , 1992, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. THOMA8 R. SHERMAN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY ot :y Public MY canmlaelon e:Wrea 1.9D07 APPROVED AS TO FORM: Z' C y Atto ne 's ice ted: ~ ~ APPROVED AS TO CONTENT: THIS INSTRUMENT WAS DRAFTED BY: F/Z~~ LEONARD, STREET AND DEINARD Pub ic Works Department Suite 2300 Dated: 150 South Fifth Street Minneapolis, MN 55402 (335-1500) JRD 5 . LAW OfFICES LEONARD, STREET AND DEINARD PROFESSIDNAI ASSOGIATION SIOHE~ 1.OPBCN qICNAKDJ, WC4EMFP POSANNE MATMANSON VCTCN C. SCMilSKY SiON[YB.PPOW$ OM1NICLJ NcINEPMC~,JP NICM1ClG TAYLOP l/.MNENCCC SCMI.EFFR APOLD p rICLO,JP MU4MM MAYMAPD $VITE 2300 JOMNW 4CTSIMG[P CAPOIYNV wOl$MI PICXAYO J.4UMN FPEOERICX W. MOPPIS LXOMAS P 51NOCN9 ST[VCN P. IIMOCMI.MN •LlfNI5AC-4 JOMML M1V[MM ISO SOUTH FIFTH STREET AOBCPTZEGlOV1TGM JOXNC BLNG TXOWASO fEIMBCNG BqAOIEYJ 41LLAN tIMOTXY WELLH $TCVENJ qING514 MOPRI$ M, SMENMIM MICNACL A M[RICN GPCGL J CAVAMA4N JAMA M I{PIE cmneenuLLr u.nr.. cewAeo MINNEAPOL15. MINNESOTA 55402 soseN w.nooiwen wnenwUvienscHen evAnLes e oArtoN oRv.o H. w.rxes wm.Au n eoeex Josku. e n rvnssnreee VIpN,COM C/.qOLYNCXAtMCpS TELEPHONE I61$1335-1500 OPAOL[1 1 4VMN JAMNw LILNLCRSMITX STCPX[N P V LAUM JAM[5 V XOTM NINCY WILTGCN PEIBCNT PI1Tw 8 O MCIIL CMARlFS.MAY4 NOBCPTL O[MAY i'qC51MILE 16121335-1657 VTNL'NI~B COME /.MOYEW P LE[ LOwCLL J, NOiEBOJM ANG[L/. M. BOXMANN •ICMCIIC MILLER NICOLE A CNGISCM GCON6E I McGUNNi4LC, Jp qOBCRT V LMAVIS }1MOTMY P MCYCPSOM RiCMA9O4 VCPIN.JP JAN[94,BUlLAND 1ENNI1CRM VANM1 GCOXGEO LCONAND(iG)L 19561 fCCOCIL T. POSCMOUiT JOSCVM M lIHLEI n(~^ BLAX[ $MEPFPO JP APTMUP l M$TPCLT I1077-I9611 YRONES1ANx9 LANRCMCCJ.fIEIO March 13 1JJL WILIIANL.GNCCMC BCM[OICTD[INAMDIiBYYi9691 SiCV[MM.NUBIM DAVIOM.IICLICY / $TEVCMLBCLTON ANOSSO(INIPDI1pBGiYO>) JOHH M MCMM.N PM 5, WLITI pCTEP M BACXMAH STEVCH O O[NVRCR OAVID L tILLCXIUG MAqC O SINCSOM IR[NC SCOTi JAM[5 P. pOPSEY "V1O FAMTON $M/.VN C. McClXIiiON DAMICI E, fOTX FATMLCEX M.4R1XAM AM4LL1 N CMp15iY JAMESJ BCPiNhMD OANICL M. SATONIIIS STCPXENJ OAViOSON MARRA.I.IMDGFLN N1pX W OELCMLMiY q n[i STEGXEN N L1iNAx IOWEII v.STORTE co~ f OAVIOC IAIX OOUGLASB GXEENSW/.G EOWAPO M wOENSlLLO[P CLLLry L SAMPSON nOB[u+L[wi5eAnnOwS WqITER'S OIRECT DIAL NUMBER (612) 335-1631 Michael G. Dougherty, Esq. Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 Re: Mack L. Salisbury v. City o£ Eagan--Assessment Appeal Your File No. 206-9801 Our File No. 19956-13206 Dear Mike: Enclosed as we discussed, please find an original and five copies of Stipulation of Settlement which has been executed by the Salisburys, and notarized. As we discussed, this Stipulation of Settlement replaces the old Stipulation of Settlement and modifies paragraph 1 providing for an allocation of the agreed upon award between damages for the land taken, and severance damages to the remaining land. That change in provision is found in paragraph 1. Also as you requested, I am enclosing the original copy of the preliminary estimate of value of Rich Ruppert, indicatinq an appropriate allocation of the award between damages for the land taken, and severance damages consistent with the amended paragraph 1 to the Agreement. Please ask the City to re-execute this Agreement, and return to me three fully executed and notarized copies for my file. I want to thank you for going to the bother to having this done so that my client may have the benefit of severance damage treatment for the portion of the award allocated to those damages. ~ Michael G. Dougherty, Esq. March 13, 1992 Page 2 If you have any questions, please feel free to call. Very truly yours, LEONARD, STREET AND DEINARD ,r ~ ~ By , ame R. Dorsey JRD/dj j Enclosures / i ~ JRD\SALIS\DWGHERTY.LTR I ~a -77aSV -~oo-ou . RECE'lI/Fn nrn 2 s f~ SEVERSON, WILCOX & SHELDON, ~P.A. APROFESSIONALASSOCIATION ATCORNEYS AT LAW I.AHHYS.SEVERSON' KENNEI'H R. NALL SA1.7E5 F. SHELDON •••SCOTC D SOHNSTON J. PATRICK WII,COX• 600 M[DWAY NA1'IONAl, Be1NK DUILDING IAR]',N M. SOLFES'I' M[CHARL G. DOUGHGHTY 7300 WF,ST 147TH STREET CHRISTINE M. SCOTILIA DtICHAEL E MOLENDA" APPLF. VALLF:Y, MINNF.SOTA 55124 ANVETTE M. T7ARGARIT (612) 432-3196 DANIEL M SHERIDAN TF.LEFNC YUMRER 432-5780 SI[AFtONIC HILLS •AL50 LICESSF.D IN IOWA "ALSO LICENSED IN R95WNSIN OFCOlINSEL dOHNE VUKF.WCH • •ALSO I.ICENSEU IN NEUILVSKA • December 23, 1991 Mr. James /R.rsey Leonard, nd Deinard 150 South treet Suite 230 Minneapo is, MN 55402 Re: Ma k L. Salisbury/City of Eagan Your File No. 19956-13206 Our File No. 206-9801 Dear Mr. Dorsey: Enclosed please find three (3) fully executed Stipulations of Settlement of Notice of Appeal of Assessment in connection with the Salisbury appeal. If you should have questions or concerns, please feel free to contact this office. Thank you for your continuing cooperation. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. Roxann Duffy Legal Assistant to Michael G. Dougherty Enclosures CC: Tom Colbert, Eagan Public Works Director it-citV oF eagcln 3630 PILOT KNOB ROAD THOMPS EGAN EA6AN, MINNESOTA 55122-1897 M3yOf PHONE (612) 454-8100 DAVID K GUSTAF50V FAX (612) 454-8363 GMnEIA nKCREA TIM GAWIENTY THEODORE WACHTER CouricA Memhers THOMAS HEDGES Gry Admimva[or EUGENE VAN OVERBEKE December 18, 1991 ohchark MR MIKE DOUGHERTY SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: 8tipulation of Settlement - Easement Condemnation Lot9 8, 90 10 & 13, Tieffl9 ACie9 Btipulation_of_Bettlement=Asseasment Appeal Parcel 10-77250-100-00 8~1 Parcel 10-77250-130-00 Dear Mike: Enclosed please find seven copies of the Stipulation of Settlement pertaining to the easement condemnation, and six copies of the Stipulation of Settlement for the assessment appeal. We retained one copy of the assessment appeal agreement for our files. When the Stipulation of Settlement for the easement condemnation is fully executed, please return one copy to the City. Thanks for your assistance in this matter. ~ igineerin'g rely, M .~J Ses cretary y /jmj Enclosure iHE 10NE OAK TREE...iHE SYMBOL OF SiRENGTH AND GROWfH IN OUR COMMUNIiV Equal Opporfunity/Affirmative Action Employer + STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT (Case Type: Other Civil) MACK L. SALISBURY and HELEN H. SALISBURY, Court File No. C5-91-7952 Appellants, I Vs. $TIPIILATION OF SETTLEMENT OF NOTICE OF APPEAL CITY OF EAGAN, a Minnesota OF A88ESSMENT Municipal Corporation, Respondent. WHEREAS, Mack L. Salisbury and Helen H. Salisbury (hereinafter jointly referred to as the "Salisburys") served and filed the above-captioned and Court file numbered Notice of Appeal of Assessment; and wHEREAS, the Salisburys and the City of Eagan are agreeable to settling the amount of the assessments challenged in the above- captioned Notice of Appeal of Assessment; NOW, THEREFORE, the Salisburys and the City of Eagan agree as follows: 1. The City of Eagan agrees to reassess the real property identified by address as 1470 Skyline Road, Eagan, Minnesota, and by Special Property ID No. 30-77250-100-00 so that the special assessment charged on said parcel is reduced from $73,427.09 to $58,427.09. 2. The City of Eagan agrees to reassess the real property identified by address as 1470 Skyline Road, Eagan, Minnesota, and by Special Property ID No. 10-77250-130-00 so that the special . _ . assessment charged on said parcel is reduced from $42,447.25 to $37,107.20. 3. The above-captioned Notice of Appeal of Assessment shall be dismissed with prejudice and without costs being taxed to either party. 4. The Salisburys and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. M ck L. Salisbury Helen H. Sal sbury CITY O % L/ i % mas A. Egan Its Mayor BY~ Q~..O, • E. VanOverbeke Its Clerk JRD\SALIS\STIPASSESS.PLD 2 1\CCLWlp v a- ~ ~ P.M. , STATE OF MZNNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT (Case Type: Other Civil) - - - - - - - - - - - - - - q\ - > '~-a - MACK L. SALISBURY and HELEN ) H. SALISBURY, ) ) Appellants, ) (~~V,;OTICH OF APPEAL ) OF A88ESSMENT vs. ) ) CITY OF EAGAN, a Minnesota ) Municipal Corporation, ) Court File No. ) Respondent. ) ) - - - - - - - - - - - - - - - TO: The City of Eagan, and its Mayor or Clerk: PLEASE TAKE NOTICE that the Appellants, Mack L. Salisbury and Helen H. Salisbury, hereby appeal to the above-named District Court -from the Special Assessment adopted by the City Council of the City of Eagan on July 2, 1991, with respect to street and utility improvements for Skyline Road/Sibley Hills Drive, Project #10P543, in the City of Eagan. This appeal is from the following assessment from the City of Eagan on the following land owned by Appellants (see copies of the Notices of Special Assessment attached as Exhibit 1): Special Address Property ID# Assessment Charae 1470 Skyline Road Eagan, MN 10-77250-100-00 $73,427.09 1470 Skyline Road Eagan, MN 10-77250-130-00 $42,447.25 This appeal is taken pursuant to Section 429.081 of the Minnesota Statutes, and the grounds for this appeal are that the subject property will not receive a special benefit from the improvement being constructed; that the amount of the assessment is grossly disproportionate to any resulting increase in the market value of the land; that the proportionate distribution of the improvement's costs among property owners is unequal, illegal, and unfair; that the assessment procedure was illegal, improper, unfair and irregular; and that the assessment is unfair, unreasonable, unconstitutional, arbitrary and capricious. WHEREFORE, Appellants pray the Court for an Order directing the City of Eagan to reassess Appellants' property consistently with Appellants' claim in this action; to award Appellants' their costs, disbursements, expenses, and attorneys' fees; and for such other and further relief as the Court deems just and proper. DATED: August 1, 1991. James R. Dorsey 23772) Marc D. Simpson (#183301) LEONARD, STREET AND DEZNARD Suite 2300 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1500 ATTORNEYS FOR APPELLANTS MDS\SNLISBUFY\H0f1ce.Appeet 2 • CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project #10P543 June 7, 1991 The EAGAN CITY COUNCIL will meet on the 2nd day of July, 1991, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan hIN, to approve and adopt the listed 'special assessments against the following described property: 10-77250-100-00 SALISBURY !lACK 1470 SKYLINE RD EAGAN MN 55118 The epecial aeseeaments are: TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT S/A / pRINCIPAL pRINCIPAL INTEREST INSTALLHENTS SANITARY SWR LATERAL 2191 16373.47 1091.56 1971.64 3063.20 WATER 7,ATERAL 2193 9551.69 636.78 1150.18 1786.96 SERVICES-SEWER, WATER 2194 1978.20 0.99 238.21 239.20 STORH SEWER TRUNK 2195 9450.28 630.02 1137.97 1767.99 STREET-AREA BASSS 2196 12948.57 863.24 1559.22 2422.46 STREET FRONT FOOT 2197 23123.88 1541.59 2784.50 4326.09 TOTAL _ 73,426.09 4,764.18 •8,841.72 13,605.90 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 1st day of August, 1991, without interest at the Eagan Municipal Center. If you choose to pay after August lst, 1991 interest will be charged from July 2nd to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARB on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 8.50 PER CENT per year on the unpaid balance. EXNIBIT / ' CITY OF EAGAN NOTZCE OF SPECIAL ASSESSMENT Project #10P543 June 7, 1991 The EAGAN CITY COUNCIL will meet on the 2nd day of July, 1991, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed 6pecial assessments against the following described property: 10-77250-130-00 SALISBUAY MACK 1470 SRYLINE RD EAGAN HN 55121 The epecial assessmente are: TOTAL ANNUh1, t'IRST YEAA F'IRST YEAR TYPE OF IMPAOVEMENT $/A I'' pRINCIPAL pRINCIPAL INTEREST INSTALLHENTS SAf7ITARY SWR I,ATERAL 2191 10599.05 706.60 1276.30 1982.90 WATER LATERAL 2193 6183.10 612.21 744.55 1156.76 SEAVZCES-SEWER, WATER 2194 2967.30 1.49 357.31 358.80 STORM SEWER TRUNK 2195 3260.94 217.40 392.67 610.07 STREET-AREA BASIS 2196 4466.06 297.87 538.03 835.90 STREET FRONT FOOT 2197 14968.80 , 997.92 1802.49 2800.41 TOTAL 42,447.25 2,633.49 5,111.35 7,744.84 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the lst day of August, 1991, without interest at the Eagan Municipal Center. If you choose to pay after August ist, 1991' interest will be charged from July 2nd to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the neat 15 YEA.RS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 8.50 PER CENT per year on the unpaid balance. Notice of Special Assessment Page - 2 - The proposed assessment roll is on file with the City Clerk. The assessments related to this project total $672,818 and the area is as follows: Lots 1 through 18, Hlock i, Lots 1 through 4. Block 2, aaC Lots i through 4, Block 9, Prettymaa He3qLts; Bart of Lot 9, Hiqhvi*r Acres (Parcel No. 094- 00) ; Lots i through 15, Ruetio Hills; Lote 1 through S, Post AQdition; Lot i aad Lote 3 through 6, Post 2ad aQQition; Lots S throuqh 13, Treffls Acree; Lots 1 through 14, Block i, RiCgehavea Acres; and the BoutDrest Quarter - Parcel No. 10-00400-020-56, aaQ tLe 8outheast Quarter - Parcol Nos. 10-00400- 011-77, 10-00400-012-77, 10-00400-020-75 anC 10-00400-030-75. Written or oral objectior.s aill be considered; no apoeal may be taken as to the amount of anv assessment unless a sianed written obiection is filed with the Clerk nrior to the hearina or presented to the oresidina officer at the hearina. An appeal to district court may be made by serving notice upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City has a Senior Citizen deferment ordinance based on income and homestead status. Details are available by calling the Assessment Department, 454-8100. Please note that vou will receive additional notice on this matter onlv if the amoUnt due is amended. if you have any questions about this statement, please call Special Assessments at the City of Eagan (454-8100). City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 A", . 7' LAW OFFICES LEONARD, STREET AND DEINARD PROFESSIONAL ASSOGIATION $IIONEV LORBEP EMT E PICXEY MICXAEL L BEPDE SMAV SOMEY BANFOwS RICwAYOJ WfGENER FOSANNE NATXANSON AMES ENTNAMD •a01oo ncLo,Ia, wuc„w ryAeo SUITE 2300 sncnnii nuu*w wAnxw oeicHnrr. RICMAPO J 4UNN fREOEPICM WMOFP15 MICXIEL G tAYIOA PETEY E SCNIfSXV ALLEN I, $AEFS JOMX C MUEwN JOMN W GETSINGEN L/.WPEHCE P$CM/.EfER iwOML50 iEINBERG BR4DLEY J GILl4N ISO SOUTH FIFTH STREET TXOMASP UNOCP$ PONALOJ SLHUIiE MORPIS M. SNERMPH MICMpEL A NENIC„ POBEPi ZEGLOVIiCH CPROLYN V WOLSMI econc[nuLLr MARTHA MINNEAPOLIS, MINNESOTA 55402 imorHrwaLcH srcvcnn uHOCweaH CXAPLE$ R OAYiON p.VlOH. XAYHES GNEGG J CAVANM1GX STEVEN J qIND51G onvmH cor cA novrvcHUw[AS TELEPHONE 16121335-I500 Gn[GOevC enOwx dArnA u nrz $tE>XCN R Pfl/.VM J/.MESV.POiX SUSAN M POBINCR JOSXUA J FAMASSATEG1 CXARLE$/. MFYS POBERLL.O[MAY FACSIMILE (612) 335-1657 UEBFI.G $TRENIOW JANNEICMLERSMITX IOWELI.J.NOTEBOOM ANGELA N BOMMpNN GCDEPA LANSOM RVLX 9 NISSFM GEORGEF MCGVNNI4LE,JR POBERTCLXPVI$ MICXAEIPCOXLN FICXAPD G P J/.MESG BULLARO BRADLEYJ GUNN fREONIC i POSEN9LATi JOSEGM M INLEY ANCY WILT4EN NCIBEFT e1 BYPON E. $T1PN5 L<WPENCE J f1ELD V INGINIA B COME ^EORGE 6 MFO SLHR1PpCCL I IiBRIB)J i 9~e I JOHN N NERMAN O.~vlO W. xELLEY CATNAPIME BOSCXCE ATMVP L STEVEND OaNUYTEP MAqKS WEli2 T MICHELLEA MILLCP ^MNEDICTOEIN~POliG99 iB6B1 JAMESP,OORSEY p.~VIO~LILLEM<l1G Uuly 2, 1991 IMOTMYR,MCYCRSON OSSDEINM1POIiBYB-IH]S~ MTNLEEM M, GppN1M DAVIO XPNTpq JENNIlEP M VAPF - STEPXEHJ O IOSON PNGELI.M.C„RISiY BLAKE SMEPPPO.JR. SiEPXEN P.LTM/.X MARK LINOGFEN WILLIAM L GNEEME IPENE SCOTi OAVIpCZALK tOWELLV.SiORTZ STEVEN L BELTON DANIELOiOTM EOwAqO M MOEf15FELDEP DOUGLA9 B GPEENSWAG OCiEY N.BFCHM- DANIEL M 54i0Y1U5 ROeEMT lEwIS ennROwS [ucX 6 Sen?SOU MAeC U. SivYaOn ercw+sa WRITERS DIRECT DIAL NUMBER The Honorable Mayor and Council, (612) 335-1631 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Objection to Proposed Special Assessment on Parcel Nos. 10-77250-100-00 and 10-77250-130-00 (Lots 8, 9 and 10, Treffle Acres, and The North One-Half of Lot 13, Treffle Acres, Dakota County, Minnesota) for Project 543R, Skyline Road/Sibley Hills Drive (Streets & Utilities) Dear Mayor and Council: This letter is to make a formal written objection to the amounts of the proposed special assessments on the parcels owned by Mack and Helen Salisbury identified above in connection with Project 543R (Project No. 1OP543), Skyline Road/Sibley Hills Drive (Streets & Utilities). The basis of the objection is that the benefit to the subject parcels is substantially less than the amounts of the proposed assessments on those parcels. Very truly yours, LEONARD, STREET AND DEINARD By X) James R. Dorsey A$ Attorney for Mack and Helen Sa~l-i/sbury JRD/dj Mack Salisbury Helen Salis ury v+ W . RSSESSMENT fAST BREAKDOYN PROJ NAME SIBLEY NILlS OR AND SKYLINE RD PROJ NUM P543R SA N/JIE ST543F CAST 797,709.81 6R0.55 UNITS 5,085.00 CORNEA lAf, 0-00 SUBTOi11L S,W5.64 CON417TED RR 38•88 IS TNE ABOVE COMDUTED RATE APPROPRIATE FOR ALl SSES OF VROPERTT STREE7 iRONT F00T Y SA MANE ST543F Spq 2197 SF 38.890 ,FF YEARS 15 INT RATE .085 MF 38-980 /Ff MOS 15T YR iNT 77 CI 38.880 /ff yC 8,032.690 /LS ASSESSMENT YEAR 1~1 REC PROPERTY GROSS NET UNITS PRO-RATA a RATE I~MWNT ccoacsce`ee avveccce NMBR 1DENTff CL UNITS CREDITS SUBTOTAL FA A55'BLE O'SSNARE -~88O 0.00 63 10-65000-050-OOSF 0 , 0 0 1 ~p 0 1 0 15 38.880 0.00 64 10•65000-O60-00SF 0 O, ~ 15 ~ 880 0.00 65 70-65000-070-OOSF 0 0 p ~ 0 15 38.880 0.00 66 70•65000•08D-OOSF 0 0 0 15 38.880 0.00 67 10•65000-090-OOSi 0 0 0 1 p ~ 0 15 38.880 0.00 68 70-65000-100-OOSF 0 0 0 15 38.880 0.00 69 10•65000-110-OOSF 0 0 0 1 ~ ~ 0 75 38.880 0.00 70 10-65000-120-OOSF 0 p 0 15 38.880 0.00 71 10•65000-130-OOSF 0 0 0 1 0 15 38.880 0.00 72 10•65000-140-OOSF 0 0 p 1 p 75 38_ggp 0.00 73 10•65000-750-OOSF 0 0 0 1 750 1 150 1 38.880 5832.00 74 10•TR50-O50-OOSF 150 0 762.6 1 38'880 63Z~'89 75 70-7'I250-061-OOSf 162.6 0 162.6 1 750 1 750 1 38.880 5832.00 76 10-77250•062-OOSF 750 0 750 1 150 1 38.88O 5832.00 77 70-77250-063-OOSF 150 0 +~g,gg0 8702.59 78 10-77250-070-OOSF 208.4 0 208.4 1 208.4 1 ~723 ~ 79 10-77250-100-OOSF 594.75 0 $94.75 7 594.75 ; 8,032.690 8032,69 eo 1o•nzso-iio-oouc + ~ ~ ~ 385 1 385 1 38.880 14968.80 ' 10-77250-120-OOSP 385 0 385 1 i0-77250•130•OOSF 385 a ~5 1 0 1 0 1 38.880 0.00 ~ t0-77250•137-OOSF 0 0 195,653.34 21438.08 -409.38 21028.7 (9) per waiver dated 11/9/90 as approved by Council action 11/9/89 Iw=- 2.91 m. . ' . / 1155ESSMENT COST BREA190WN VROJ NAME SIBLEY NILLS DR AND SKYLINE ROAD VROJ NUM P543R ' SA NAME 5T543R , COST 197,709.81 GROSS UNIT52,576,786.00 CORNER LOT, 0.00 SUBTOTAL 2,576,786.00 Cp17UTED RA 0.07673 IS iHE ABOVE LOMGUTED RATE APPROPRIATE POR AL :LASSES OF CROiERTY STREET-ARER BAS15 1' SA NANE 51543A 5Ap 2796 ?EARS 15 Sf 0.07673 /S.F. INT RRTE .085 MF 1,775.000 A.S. MOS 15T YR 1N7 17 CI 0.07673 /S.F. YEAR 1997 YC 3,306.850 /1.5. ASSESSMENT REL PROPERTY GROSS NET UNITS PRO-RATA RATE 11MOUNT MMBR IDENT# CL UNITS CREDITS SUBTOTRL FA 1155'BLE SXARE __=='==OLOC="E 63 10•65000-050-OOSF 247216 40000 207216 1 207276 15 0.077 1059.98 64 10-65000-060-OOSF 247216 40000 207216 1 207216 15 0.077 1059.98 65 10-65000•070-OOSF 247216 40000 207276 1 207216 15 ' 0.077 1059.98 66 10-65000•O80•OOSF 247216 40000 207216 1 207216 15 0.077 1059.98 67 10-65000-090-OUSF 247216 40000 207276 1 207216 15 0.077 1059.98 68 10•65000-100-OOSF 247216 40000 207216 1 207216 15 0.077 7059.98 69 10-65000-110-OOSF 247216 40000 207216 7 207216 75 0.077 1059.98 70 70•65000-120-OOSi 247276 40000 207216 1 207216 75 0.077 1059.96 77 10-65000•130-OOSF 247216 40000 207216 1 207216 15 0.077 1059.98 72 10•65000-140-OOSF 247216 40000 207216 1 207276 15 0.077 7059.98 73 10•65000•750-OOSF 247216 40000 207216 1 207276 15 0.077 1059.98 74 10-77250-050-OOSP 45000 0 65000 1 45000 1 0.077 3452.85 75 10•77250-067•00SF 48780 0 48780 7 48760 1 0.07/ 3742.89 76 10-77250•062•ODSF 45000 0 45000 7 45000 1 0.077 3452.85 77 10-77250-063-OOSF 30000 0 30000 1 30000 1 0.077 2301.90 78 10•77250-070•OOSF 731682 0 137682 7 131682 7 0.077 10103.96 79 70-77250-100-OOSF 231056 62301 168755 1 168755 7 0.077 12948.57 " 10•77250-110•DDUC 1 0 7 1 1 7 3,306.850 3306.85 10-77250•120-OOSF 115391 0 115397 1 715391 7 0.077 8853.95 'I•77250-730-OOSF 58231 0 58231 1 58237 7 0.077 4468.06 _ s.-77250•731-OOSF 58237 0 58237 1 5ffi31 1 0.077 4468.06 , 24924977 5014556 19994421 795,625.58 (3) Per vaiver dated 11/9/90 as approved by Council actfon 11/9/89 f.qt ~ iAl A55ESSMENT COST BREAKDOYN . C, PROJ NAME SIBLEY XILLS DR AND SKYLINE RD j PROJ NUM P543R SA NAME SSTK543 F , STORM SEWER TRUNK 5,~ NAME SSTK543 x 2195 _AR5 15 SF 0.056 /SF INT RATE .085 Mf 7,573.OD0 /LS MOS 15T YR INT 17 C1 3,570.780 /lS TEAR 1991 YC 0.056 /SF ASSESSMENT REC PROGERTY GRO55 NET UNITS PRO•RATA RATE MtOUNT MMBR fDENT# CL UNITS CREDITS SUBTOTAL FA ASS'6LE SHARE =e=c_ =ec=:eaee 63 10•65000-050•OOSF 0 0 0 1 0 15 0.056 0.00 64 ?,`5000-060•00SF 0 0 0 7 0 15 0.056 0.00 65 1~-_:;00-070-ODSF 0 D 0 1 0 75 0.056 0.00 66 10-65000-080-OOSP 0 0 0 1 0 15 0.056 0.00 67 10-6500D-090-OOSF 0 0 0 7 0 15 0.056 0.00 68 10-65000-100-DOSf 0 0 0 1 0 15 0.056 0.00 69 70•65000-710-OOSF 0 D 0 1 0 75 0.056 0.00 70 70-65000-120-00SF 0 0 0 1 0 15 0.056 0.00 71 10-65000•130-ODSF 0 0 0 7 0 15 0.056 0.00 72 70-65000•740•OOSF 0 0 0 1 0 15 0.056 0.00 73 10-65r00-150-00SF 0 0 0 1 0 75 0.056 0.00 74 10-77250-050-OOSF 45000 45000 0 7 D 1 0.056 0.00 75 10-77250-061-ODSF 48780 46780 0 7 0 1 0.056 0.00 76 10-77250-062-OOSF 45000 45000 0 1 0 7 0.056 0.00 77 10-77250•063-ODSF 83962 83962 0 7 D 1 0.056 0.00 78 10-77250•070-ODSF 137682 0 131662 1 131682 1 0.056 7374.19 ' 10-77250-700•OOSF 237056 -62301 168755 1 168755 7 0.056 9450.28 10•77250-710-DOYC 62172 0 62172 1 62172 1 0.056 3487.63 '77250-120-ppSF 115391 0 175391 1 115391 1 0.056 6661.90 '7250-130-00SF 56231 0 58231 1 58231 1 0.056 3260.94 1„-77250-731-OOSF 56231 0 58237 1 58231 1 0.056 3260.94 7987424 976548 886274 51,506.74 ) Per waiver dated 11/9/90 as approved by Council action 1119189 .41 ~ 0.5SESSMENT CbST 8REA1R70MN PROJ NAME SIBLEY NILLS DR l1ND SKYLINE ROND i PROJ NUM P543R ~ SR NAME YSSVC543 SERYICES-SENER, YATER 5A NRME YSSYC543 SIVq 2194 TEARS 1991 Sf 989.100 /SERVICE V0.IR INT RATE .085 MF 737.000 / 3 SAN, 2 YTR MOS 1ST YR INT 17 CI 765.290 /YATER SERVILE YEAN 7991 YC 0.000 /SERVICE PAIR ASSESSMENT REC PR07ERTY GROSS NET UNITS PRO-RATA RATE AIIWNT NMBR fOENT# CL UNITS CREDIiS SUBTOIAL FA ASS'BLE SXARE 63 10-65000-050-OOSF 0 0 0 1 0 75 989.700 0.00 64 10-65000-060•OOSF 0 0 0 7 D 15 989.100 0.00 65 10-65000•070-ODSF 0 0 0 1 0 15 989.100 0.00 65 10-65000-080-OOSF 0 0 0 1 0 75 989.100 0.00 67 10-65000-090-OOSF 0 0 0 1 0 15 989.700 0.00 , 68 70•65000-100-OOSF 0 0 0 1 0 15 989.100 0.00 69 10-65000-110-OOSF 0 0 0 1 0 15 989.100 0.00 70 70-65000-120-OOSC 0 0 0 1 0 15 989.700 0.00 71 10-65000-730-OOSF 0 0 0 7 0 15 989.100 0.00 Tt 10-65000-140-OOSF 0 0 0 1 0 15 989.100 0.00 73 10-65000-750•OOSF 0 0 0 1 0 75 989.100 0.00 74 10-77250•050-00SF 2 0 2 1 2 1 969.700 1978.20 75 10-77250-061-OOSF 1 0 1 1 1 1 989.100 989.70 76 70-77250-062•OOSF 1 0 1 7 1 1 989.100 989.10 77 10-77250-063-OOSF 1 0 7 1 1 1 989.100 989.10 76 10-77250-070•OOSF 1 0' 7 1 1 1 989.100 989.10 79 10-77250-100-OOSP 2 0 2 1 2 1 989.100 1978.20 (3) so 10-77250•110•oouc z o z i z i 0.000 0.00 ei io•mso•izo-oonF a o s i 3 1 737.000 2211.00 82 10-77250•130-OOSF 3 0 3 1 3 1 989.100 2967.30 83 70-77250•137•OOSF 0 0 0 1 0 1 989.100 0.00 20 0 20 • 16,823.69 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 :i ~ ASSESSMENT COST BREI11a0WN PROJ NAME SIBLEY NILLS DR SKYLIME RD . PROJ NUM P543R SA NAME SL543 COST 709,290.99 GROSS UNITS 4,463.60 CORNER LOT, (494.38) SUBTOTAL 3,969.22 COMVUTED RR 27.53 IS TXE ABOVE LOMPUTED RATE APPRWRIATE FOR ALL ClA55E5 OF PROPERTY SANITARY SYR UTERAL Y SA NAME SL543 SAF 2191 YEARS 15 SF 27.530 /FF INT RATE .085 MF 27.530 /fF MOS iST YR INT 17 CI 27.530 /FF TEAR 1991 WC 5,312.800 /LS ASSESSMENT REC iROGERTY GROSS NET UNI75 PRO-RATA RATE AMOUNT MMBR IDENTiI CL UNITS CREDITS SUBTOTRL FR ASS'BLE SHARE 63 10-65000-050•OOSF 0 0 0 1 0 15 27.530 0.00 64 10-65000-060-OOSF 0 D D 1 0 15 27.530 0.00 ' 65 10-65000-070-ODSF 0 0 0 7 0 15 27.530 0.00 66 10-65000-080-ODSF 0 0 0 7 0 15 27.530 0.00 67 70-65000-090-OOSF 0 0 0 1 0 15 27.530 0.00 ' 68 10•65000•100•OOSF 0 0 0 1 0 15 27.530 0.00 69 10•65000•110-OOSF 0 0 0 1 0 15 27.530 0.00 70 10•65000•120-OOSF 0 0 0 1 0 15 27.530 0.00 7710•65000-130-OOSF 0 0 0 1 0 15 27.530 0.00 72 10•65000-140-OOSF 0 0 0 1 0 15 27.530 0.00 73 10-65000-150-OOSF 0 0 0 7 0 15 27.530 0.00 74 10-77250-050-OOSF 150 0 750 1 150 1 27.530 4729.50 75 10-77250-061-OOSF 762.6 0 762.6 7 162.6 1 27.530 6476.38 76 10-77250-062-OOSF 150 0 750 7 150 1 27.530 4129.50 77 10•77250-063-OOSF 750 0 750 7 750 1 27.530 4129.50 78 10-77250-070-OOSF 208.4 0 208.4 1 208.4 1 27.530 5737.25 79 70-77250-100-OOSF 594.75 0 594.75 1 594.75 1 27.530 16373.47 (3) eu 10-77250•110-oouc i o 1 1 i i 5,312.e00 5312.e0 • - ai 10•m50-120-oosv sas o 3e5 1 aas i 27.530 10599.05 82 10-77250-130•00SF 385 0 365 7 385 1 27.530 10599.05 83 10•77250-131-DOSF 0 0 0 7 0 1 27.530 0.00 4378.6 •409.38 3969.22 107,444.97 (3) Per waiver dated 11/9/90 as approved by Council action 11/9/89 ASSESSMENT LOST BREAKDWN PROJ MRME SIBLEY HIllS DR AND SKYLINE RD VROJ NIJM G543R SR NAME ML563 COST 58,367-38 GROSS UNiTS 4,455.40 CdtNER LOT, (820.28) SUBTOTAL 3,635.12 COM7UTED RA 16.06 IS TXE ABOVE COMPUTED IUTE APVRODRIATE FOR ALL CLASSES OF PROVERiY YRTER LRTERRL Y SA NAME YL543 Sp# 2193 YEARS 75 SF 16.060 /FF INT RATE .085 MF 16.060 /FF , NOS 15T YR INT 17 LI 16.060 /FF TERR 1991 YC 3,685.990 /LS RSSESSMEN7 REC PROGERTY GRO55 NET UNITS 7R0-RA7R RATE AMWNT MMBR IDENTp CL UNITS CREDITS SUBTOTAI FA ASS'BLE SHARE 16.~0 0.00 63 10•65000-050•OOSF 0 0 0 1 0 15 • ~5 16.060 0.00 64 70-65000•060•OOSF 0 0 p 1 p 16.060 0.00 65 10-65000-070-OOSF 0 0 0 7 0 15 p ~ 0 15 16.060 0.00 66 10•65000-080-OOSF 0 p ~ 15 ~b.pbp 0.00 67 70•55000-090-OOSF 0 0 0 1 0 15 16.060 0.00 68 70-65000-100-OOSF 0 0 0 1 ~6,p60 0.00 69 10•65000•110-OOSF 0 0 0 1 0 15 0 15 16.060 0.00 TO 10•65000-120-OOSF 0 0 0 1 16.060 0.00 77 10-65000•130-OOSF 0 0 0 1 0 15 0 1 0 15 76.060 0.00 72 70•65000•140-OOSF 0 0 p 15 16.~p 0.00 73 10-65000-150-OOSF 0 0 0 1 74 10•77250-050-OOSF 150 0 750 7 150 1 16.060 2409.00 ~6,~y0 2671.36 75 10-77250-061•OOSF 162.6 0 762.6 7 162•6 1 76 ~0 z409.00 76 10-77250-062•OOSF 150 0 150 7 150 1 16 ~p z~pq,00 77 10-T250-063•OOSF 150 0 150 1 150 1 78 10-77250-070•OOSF 208.4 0 208•4 1 208'4 1 16.~ q551.69 79 10-77250•100-DOSF 594.75 0 594.75 1 594.75 1 (3) BO 10•77250-110-OOUC 1 0 1 1 1 1 3,685.990 3685•99 16.060 6183•10 87 70-Tr150-120-OOSF 385 0 ~5 1 ~S 1 ~b,p~p 6783.70 82 10-77250•130-OOSF 385 0 385 1 385 7 16.060 0.00 as io-mso-13i-oosF o 0 0 1 p 1 n,voosa 3809.5 -259.38 3550.12 (3) Per waiver da[ed 11/9/90 as approved by Council action 11/9/89 RUPPEAT Bc RUPPEBT ASSOCIATES. INC. REAI. ESTATE APPRqISERS, BROKERS & CONSULTANTS SUITE 100 I700 WEST JH" STREET R J RUPPERT.S R A.PRESIOENT MINNEAPOLIS. MINNE$OTA 55423 TELEPHONE 612/869-9230 SCOTT J Rl1PPERT,J D. VICE PRESIOENT FACSIMILE 612/869-6180 January 30, 1992 James R. Dorsey, Esquire LEONARD, STREET 6e DEINARD Suite 2300 150 South Fifth Street Minneapolis, MN 55402 Re: City of Eagan v. Delosh and Salisbury; Court File No. C4-90-6278 Your File No. 19956-13206 ~ ~ Dear Mr. Dorsey: In connection with the taking by the City of Eagan of the property of Mack and Helen Salisbury located on Skyline Road, you have asked me to estimate the amount of damages attributable to the value of the property taken by the City and the portion of the damages attributable to severance damages to the property remaining after the taking by the City. As you know, I have not performed a complete appraisal of this property for purposes of determining its before and after values. But instead, I have merely inspected the property and made a preliminary estimate of the damages likely to be caused by the taking. In performing my preliminary estimate of the damages, I have relied on the land use analysis of DICRMAN RNUTSON, PROFESSIONAL PLANNER, as to the number of lots that could have been developed on the property before the taking and after the taking. The taking by the City of Eagan is described in the attached Exhibit A. It involves the acquisition of a permanent roadway and utility easement containing 6,065 sq. ft., more or less, and a permanent utility easement containing 600 sq. ft., more or less. We consider these acquisitions permanent takings of land by the City of Eagan. In addition, the taking involves the acquisition of a permanent drainage easement containing 2,560 sq. £t., more or less, and a ponding easement containing 1.291 acres, more or less. Although these acquisitions are permanent takings, we consider the damages resulting from the permanent drainage and ponding easements to cause severance damages, as discussed below. In estimating the damages due to the land actually taken for the permanent roadway and utility easements, we have a total Page 1 of 2 James R. Dorsey, Esquire January 30, 1992 acquisition of 6,665 sq. ft. We preliminarily estimated the value of the land to be approximately $25,000 per acre, or a total value of approximately $125,000 for the entire parcel. This amounts to approximately $.57 per sq. ft. Assuming a permanent acquisition of 6,665 sq. ft. indicates a value for the land taken in the amount of $3,800. As indicated above, the damages'for the drainage and ponding easements would be severance damages and would represent the remainder of the damages. In that regard, Mr. Knutson estimated, and I verified, that 12 to 13 lots could be developed before the taking. I estimated the retail price per lot at $25,000 to $30,000 per lot say $27,500 retail price per lot. After the taking, assuming a relocation of the City's ponding and drainage easements as shown in the attached sketch prepared by Mr. Knutson, he determined, and I concur, that 10 lots could be developed on the property. The retail value per lot would be the same approximate value as in the before situation. This represents a difference in total retail price of the lots before the taking compared to the retail price of the lots after the taking of $55,000 to $82,500. Althouqh in my opinion the total development costs in the before situation and after situation would be similar, this amount of potential retail price loss would have to be reduced for entrepreneurial profit, carrying costs and sales commissions, to arrive at a severance damage to the remaining parcel. Thus, assuming a damage settlement with the City for $25,000, I would allocate $3,800 of those dollars to the land taken, and the remaining $21,200 to severance damages to the property of the Salisburys remaining after the City's taking. If you have any questions, please feel free to call. RDPPERT;.6 PERT ASSOCIATEB, INC. ~ B~:-f . J. /RuppeZt esident Appsal License No. 4000850 RJR:ju LTR7074 Page 2 of 2 APP(iAISAL QUALIFICATIONS OF/ R. J. RUPPERT,, C.C.R.A., S.R.A. I CERTIFIED FEDERAL GENERAL RE:AL PROPEATY APPRAISER, State of Minnesota II PROFESSIONAL MEMBERSHIPS & LICENSE Senior Member of the APPRAISAL INSTITUTE Awarded the professional designauon S.R.A. Senior Member of NATIONAL ASSOCIATION OF REAL ESTATE APPRAISERS Cernfied Commercial Real Estate Appraiser - C.C.R.A. Member of the Minneapolis Board of Realtors Member of the National Associauon of Realtors Member of tha American Right of Way Assoaation Served on Etlucation Committee Served on Legisiation and Ethics Commrtcee Licensed Real Estate Appraiser, (General Certifica[ion) State of Minnesota License Number 4000950 Licensed Real Estate Broker, State of Minnesota License Number 0095031 Mul[iple Listing Service of Minneapolis-M.L.S. Member of the Urban Land Institute Member of the Appraisal Data Network, Inc. III SPECIALIZED EDUCATION Standards of Pwfessional Practice, Society of Real Estate Appraisers, 1989 Minnesoca Tax Facts and Analysis, Minnesota School of Real Es[ate, 1988 Minnesote Real Estate Transactions, Minnesota School of Real Estate, 1987 Minnesota Contract for Deed Law, Minnesota School of Real Es[a[e, 1987 Income Property Investment, Minnesota School of Real Estate, 1986 Case S[udy II, offered by American InsUtute at the Urnversity ot Wisconsin, 1965 Real Estate Property Law Course a[ [he University of Minnesota, 7965 Case Study I, offered by Amencan Instimte at [he University of Missoun, 7964 Course #1, offared by Society of Real Estate Appraisers at Macalester College, 1963-7964 Real Estate Brokerege Course offered at the Umversiry of Mmnesota, 1962 Construction Surveying Course at Dunwoody Institute, 1961-1962 Highway Engineering Course offered at Dunwoody institute, 1960-7961 Numerous seminars in Real Estate, sponsored by Ihe Appraisal Institute and Hennepin County Bar Association IV REAL ESTATE APPRAISALlCONSULTATION EXPERIENCE: Entered real estate field in 1960; Independent Fee AppraiserlConsuliant since 1965. Currently PRESIDENT - RUPPERT & RUPPERT ASSOCIATES INC., REAL ESTATE APPRAISERS, BROKERS & CONSULTANTS. Appraisal Exoerience & Services (Soecialties): - Market value estimetes of residential, commercial, industrial, institutional and multiple dwelling properties; - Partial and total takings under condemnation; - Special purpose propernes; rasort properties; urban renewal valuations; - Flowage easements, transmission line easemencs and redevelopment analysis; - Sound/noise impact studies due to aircraft on single family properties; - Feasibili[y studies for commercial and indus[rial proper[ies; . - Rahabiiitation appraisals; re-use eppraisals; - Outdoor Advertising Plants, locations, structures and office complezes throughout the United States. Appraisals fof: - Mortgage financing, acquisition and development; - Eminent domein, asta[es and tax matters; ' - Employee relocation, insurance allocations and site selection; - Partnerships, trusts and urban renewal; - Transmission line and itowage easements; - Highway end urban renewel eminent domain/condemnations; Consultation Exoerience and Services: - SiTe selection and locational enalysis for convenien[ food stores and rastaurants; - Development procedures (and) interim and permanent financing on investment properties; - Invasiment and management of income producing properties; - Development procedures an residential subdivisions; - Contrac[ for dead financing on residential and commercial properties; - Cash Flow Analysis and Internal Rates of Retum for Investors; - Member of Loan Review/Approval Committee, Key Mortgage Corporation. V DISTRICT COURT COMMISSIONER • AND - EXPERT WITNESS: Appointed by Hennepin County Disiric[ Court as Commissioner in eminent domain actions. Qualified and testified as an EXPEFT WITNE55 in Distric[ Court - on behalf of 6o[h the condemnor and condemnee, in Hennepin, Ramsey, Anoka, Smtt, Lyon, Carver, Dakoca, Washing[on, Murray, Blue Earth and St. louis Counues, Minnesota. Raleigh, North Carohna and Boston, Massachusetts. VI APPROVED INSTRUCTOR BY MINNESOTA DEPARTMENT OF EDUCATION: In Real Estate Appraisal, Management and Investment in Residential, Commercial, Indus[rial and Special Purpose Properties, including Shopping Centers. Instructor for Minnesota School of Real Esta[e. Lectured at Minnesota Trial Lawyer's Association and Hennepin County Bar Association - Eminent Domein Committee. Page 1 of 3 R. J. RUPPERT, continuad , VII DEVELOPMENT - CONSTRUCTION - LEASING - BROKERAGE AND MANAGEMENT: Active in land assemblegas, devalopment, buying, selling, censtruction, leasing, brokerage and managemen[ of investmant type properties; contract for deed and mortgage financing. Have participated in the general cons[ruc[ion of several apartment projec[s, office buildings. shopping centers, fast food restaurents, and o[her commercial 6uildings. Presently own end mange verious apartment buildings, commarcial bwldings and retail stnp centers. VIII APPOINTED ARBITRATOR: Appointed arbitretor by Hennepin Counry District Court and priva[e attomeys in matters rela[ing [o real astate values and usa. IX PARTIAL LIST OF CLIENTELE: GOVERNMENT AGENCIES Bloomington School District City of Laketown Hopkins School District CitV of Blooming[on City of Plymouth Housing & Urban Development City of Brooklyn Perk City of Shorewood Internal Revenue Service City of 6rooklyn Park Department of Naturel Resources Matropolitan Waste Con[rol Commission Ci[y of Chanhassen Eden Prairie School District Metropoli[an Spor[s Commission Ciry of Eden Preirie General Servwes Administration Minneapolis School District City of Edina Hennepin Counry Highway Department Mmneapolis Housing Authority Ciry of Excalsior Hennepin County Attorney Minneapolis Park Board Ciry of Fridley Hennepin County District Court Minnesota Atcornay General City of Hopkins Hennepin County Probate Court Minnesota Department of Trans. Vecerens Administration CORPORATIONS Air Reduction Sys[ems General Electric Inc. New Vork Life Insurance Akerly Communications General Foods Northern States Power Allianz Financial Corp. General Milis Northwest Aidines Amoco Oil Compeny General Mortgage Northwestem Bell Amphenol Corporation Homequity Norwest Banks, Incorpora[ed Archer Daniels Midlond Honeywell PDQ Food Stores Ashland Oil Company I.B.M. Phelps Dodge Bell Telephone Imperial Outdoor Advertising Phillip Morris Boisclair Corpora[ion Inland Ryerson Phillips Petroleum Company Brown & Williamson Tobacco Insty Prints, Inc. Pillsbury Browning Ferris Industries Jeff-Jon-Rob Amusement Premier Mortgage Corporation Carlson Properties, Inc. John-Oeera Company Pure Oil Columbia Broedcasting Keiser Aluminum Resolution Trust Corp. (R.T.C.) Consolideted Papers Klodt Inc. Rothschild Compeny Continen[al Can Knu[son Company Shell Oil Continental Casualty Koppers Corporation Shelter Mortgage Control Data Major Media of Southwest Standerd Oil Company Crown 2ellerback Margaretten Mortgege Compeny Texas Instrument Dun & Bradstreet McCarty Outdoor Advertising, Ina Trevelers Insurance Eestern Airiinas McDonalds Restauran[ Tripla Five Corporation Eli Lilly Compeny Minnegesco Inc. U.S. Plywood Corporation F.M.C. Corporation Minnesota Mining Umted Capital life Federal National Mortgage (F.N.M.A.) Minnesota North Stars Univac First Nationel Benk N.C.N.B., Financial Western Electric Ford Motor Compeny Naegele Outdoor Advertising Westinghousa Xerox X PARTIAL LIST OF PROPERTIES APPRAISED: 1000 Oaks Townhouse Development Coon Rapids, Minnesota 2-Pan-O-Gold MFG. & O(fice Plants Minneapolis & Sc. Cloud, Minnesota 7-Hi Driva In Thee[er Eden Prairie, Minnesota Acadamy Theatre Minneapoli5, Minnesota Ackerley Communications Outdoor Advertising Plant Boston, Massachusetts Amalgamated Supper Club . Minnetonka, Minnesota Ambassador Motor Hotel St. Louis Park, Minnesota Amoco Oil Station Bloomington, Minnesota Amarican Legion Hall Golden Valley, Minnesota , Blocher Outdoor Advariising $t. Cloud, Minnesota Bonaven[ure Shopping Center Minneronka, Minnesota Breck Ice Center Golden Valley, Minnesota Cenacla Retraet Center Wayzata, Minnesota Coco Lezzone's Resteurant Golden Valley, Minnesota . Columbia Heights & Parkway Movie Theatres Minneapolis, Minnesota Control Data Office Complex Arden Hills, Minnesota Creakside Elementery Schaol Bloomington, Minnesota Deca[hlon Athletic Club Bloomington, Minnesota Display, Incorporated Outdoor Advertising Plan[ Waterloo. lowa Downtown Chevrolet Auto Agency Minneapolis, Minnesota Embers Restaurent Minneapolis, Minnesota Farvue Outdoor Advertising Plant MinneapolisJSt. Paul, Minnesota Fox Glen Townhouse Developments Metropolitan Area, Minnesota Fradrickson Ou[door Advertising Plent Minneapolis, Minnesota Fuddruckers Rescaurant St. Louis Park, Minnesota General Mills Wodd Headquar[ers Golden Valley, Minnesota Golden Strip Industrial Park Eden Prairie, Minnesota Ground Round Restaurant Burnsville, Minnesota Hi-Lake Shopping Center MinneaDOlis, Minnesota Hiawetha Bowling Alley Minneapolis, Minnesota Humboldt Heigh[s Elementary School Bloomington, Minnesota Imperiel Hotel Minneapolis, Minnesota Imperiel Outdoor Advertising Lincoln, Nebraska Insty Prints Home Office Minneapolis, Minnesota Page 2 of 3 • R. J. RUPPERT, continued imerstateDetroit Diesel OtticelRepart Facility Fargo, North Dakota Irteretate Detroit Diesel Office/Repair Faciiity Bloomingmn, Minnesota Key Nissan Auto Agency Wayzata, Minnesota King's Inn Supper Ciub SL Louis Park, Minnesota LamarDean Outdoor Advertising Plant Jacksonvdle. Flonda Lamar-Dean Outdoor Advertismg Office Bldg. Jacksonville, Florida L.4ncoln Del Restauran[ St. Louis Park, Minnesota Lilac Way Shopping Center St. Louis Park, Minnesota Lord Fletchar's Suppar Club Spring Park, Minnesota Lord Fletchei s Apertment Complex Spring Park, Minnesota Mall-of-AmericelFantasyworld 6loomington, Minnesota Markat Bar-B-QUe Minneapolis, Minnesota Marriott Hotel Bloomington, Minnesota Meat Distributors Packing Plant Minneapolis, Minnesota Medicallncorporated Laboratory & Office Eagan, Minnesota Metropolitan Sports Center Bloommgton, Minnesota Matropolitan S[adium Site Bloomington, Minnesota Metropolitan Outdoor Advertising Plant Santa Ana, California Matro Square Office Building/Parking Pamp St. Paul, Minnesota Mini Werehouse Facility Minneapolis. Minnesota Minnegasco OfficelVJarehouse Facility Minneapolis. Minnesota Minnegasco River Plant & Office Minneapolis, Minnesota Minnehaha Masonic Lodge Minneapolis, Minnesota Minnesota Valley Golf Course & Country CIu6 Bloomington, Minnesota Minna[onka Country CIu6 and Golf Course Minnetonka, Minnesota Minne[onka Design Center Minnetonka, Minnesota Miracla Mile Shopping Center St. Louis Park, Minnesota Moby Dick's Bar(Lounge Minneapolis, Minnesota Mount Telemark Golf Course Cable, Wisconsin Mount Telemark Condominium Motel Cable, Wisconsin Mount Telemark Ski Resort Cable, Wisconsin Naegele Ou[door Advertising Plant Palm Springs, California Naegele Outdoor Advar4sing Plan[ Raleigh/Durham, North Carolina Naegele Outdoor Adver[ising Plant Louisvi{le, Kentucky Naegele Outdoor Advertising Plent Winston-Salem, North Carolina Naegele Outdoor Advanising Plant Jacksonville, Florida Naegela Ou[door Advertising Plan[ Memphis, Tennessea Naegele Outdoor Advertising Office Building Richfield, Minnesota Naegele Outdoor Advertising Plant Kansas Ci[y. Missouri Naegele Outdoor Advertising Plant New Orleans, Louisiana Naegele Outdoor Advertising Plant Des Moines, lowa Naegela Outdoor Advertising Plant Indianapolis, Indiana Naegale Outdoor Advertising Plant Louisville, Ken[ucky Naegele Outdoor Adveriising Plant Minnaepolis/St. Paul, Minnesota National Benk of Commerce Mankato, Minnesota Nativity Catholic Church Bloomington, Minnesota Newman Outdoor Advertising Plant Fargo, Nor[h Dakota Newman Outdoor Advertising Plant Moorhead, Minnesota North Side LincolnlMercury Auto Agency Minneapolis, Minnesota Northwest Airlines Office Site Eagan, Minnesota Oak Knoll Elemencary School Hopkins, Minnesota Orange Crush Bottling Plant Minneapolis, Minnesota Park Baptist Church St. Louis Park, Minnesota Pizza Hu[ Restaurent Minneronke, Minnesota Port Superior Village Marina & Condominiums Bayfield, Wisconsin Port Mountain Ski Resort Bayfield, Wisconsin Prince of Peace Lutheran Church Burnsville, Minnesota Rapid Oil Change Brooklyn Park, Minnesota Rialto Theater Minneapolis, Minnesota Roosevelt Hotel Minneapolis, Minnesota RuparYs American Cafe & Nightclub Golden Velley, Minnesota Rudy Luther Toyota Automobile Dealership St. Louis Park, Minnesota Scandia Winds Condominiums Burnsville, Minnesota Schubert Outdoor Advertising Plant Minneapolis/St. Paul, Minnesota Seville Hotel Bloomington, Minnesota Shakey's Restaurent St. Louis Park, Minnesota Shamrock Industries OfficelManufacturmg Facility Minneapolis, Minnesota Sheraion Park P4ace Hotef St. Louis Park, Minnesota Shiely Sand & Gravel Minnespolis. Minnesota . Shorewood Lounge & Supper Club Fridley, Minnesota Sir "Gs" Restaurant/Supper Club Woodbury, Minnesota Skoglund Outdoor Advertising Plant Superior, Wisconsin Skoglund Outdoor Advertising Plant Duluth, Minnesota Southwest Crossings Offica Park Eden Prairie, Minnesota Speak the Word Church Golden Valley, Minnesota Sc Vincent's Cemerery Osseo, Minnesota Subur6an National Bank Eden Prairie, Minnesota Surrey Heights Townhouse Development Eagan Township, Minnesota Thenk God It's Friday (TGIF) Restaurent St. Louis Park, Minnesota The Commons Mall Brooklyn Park, Minnesota Tianna Golf Course & Country Club Walker, Minnesota Valley Green Business Park (Formerly Can[erbury) Shakopee, Minnesota Valley View Mini Mart & Service Station St. Louis Park, Minnesota Viilage Athle[ic Club & Recree[ion Building Forest Lake, Minnesota Waikins OFfice and Manuiacturmg Winone, Minnesota Weyza[a Montessori School Minnetonka, Minnesota Wayze[a Medicel Center Wayzata, Minnesota Westdale ford Aum Agency Wayzata, Minnesota Westwood Nursing Homa St. Louis Park, Minnesota Woodbridge Offica 8uilding Minnetonka, Minnesota Wilkins Pon[iac(Fiat St. Louis Park, Minnesota Page 3 of 3 CONTINGENT ASSUMPTIONS AND LIMITING CONDITIONS THE PROPERTY IS APPRAISED IN FEE SIMPLE, SUBJECT TO THE FOLLOWING: 11 The legal description furnished us or secured from public records is assumed to be correct. 2) Wa essume no responsibilities for met[ers legal in character, nor do we render any opinion as to title, which is assumed to be merketable. Unless otherwise no[ed, the proparty is eppraised in fee simp7e, end ell ez'rstine liens and encumbrances have been disragarded, end the property is eDPreised es though free and clear, under responsible ownership enQ competent manegement, unless otherwise noted herein. 3) We assume no responsibilities for eny structural dafects, electricel, mechenicel, roof or plumbing fecilitias in the improvaments which are presumed to be in good working order unless otherwise noted. The existence of potentielly hazardous meter'iel used in the construction or maintenance of the building, such es the presence of uree formaldehyde foam insuletion end/or existence of toxic waste, which mey or may not be present on :he property, has not_ been considered. The eppreiser is not quelified to tletect such substences. We urpe tha cliant to retein an expert in this field if desirsd. The existenca ot uree-formaltlehyde foem insuletion or other potentielly hazerdous weste meteriel mev " heve en effect on the value of this property. 4) It is assumad thet soil conditions are suiteble for normel construction of property typa unlesa oiherwise noted herein. 5) The sketch in this report is included to assist the reader in visuelizing the property. We have made no survey of the property and essuma no responsibility in connection with sucn matters. Uniass otherwise noted herein, it is assumed thet there ere no encroechments, zoning violations nor restrictions existing in the subject property. 61 Certain information, estimates, and opinions contained in this report are obteined from sources considered relieble; however, no Iiabiiity for them cen be essumed 6y the eppreiser. 7) Possession of this report, or copy thereof, does not cerry with it the right of publicetion, nor may it be used for any purpose by anyone but the epplicent without the previous writtan consent of the eppraiser and the epplicent and, in any event, only with proper que;ifications. 8) We are not required to give tesumony or attandance in court by reeson of this appraisel, with referance to the property (n question, unless errangements have been made previously thereof. 9) The division or distribution of land end improvement veluas estimated herein is appliceble only under the program or utilizetion shown. These separate valuations ere invalidatad by eny other application end must not be used in conjunction with eny other appreisal. 10) Neither ell nor eny part of the contents of this report shell 6e conveyad to the public through edvertising, public ralations, news, salas, or other medie, without the written consent and epprovel of the euthor, particularl y as to valuation conclusions, the identi[y of the eDPraisar or firm with which he is connected, or any raference to tha APPRAISAL INSTITUTE or o[her professional orgenizations. 71) The subject is eppreised in fee simple, essuming rasponsible ownershiD and manegement, unless otherwisa noted herein. All mortgages, liens, encumbrences leases antl servitudes have been disregerded unless so specified within tbis reporL Tbis eppreisel recognizes that availa6le finanang is e major consideration by typmel vurchesers of inc:rne producing reel estate in the merket, end the appraisel assumes evailability of financing to responsible and substential purchesers of the property in emounts similar to those indicated or implied in this report. 12) It is assumetl thet there is full compliance witF all appliceb!e federel, state and local environmental regulations end laws unless noncompliance is s[a[ed, definetl and considered in the appreisal report. 13) No anvironmerta( impact studies were either requested or mede in conjunction with this appraisal, and the eppraiser hareby resarvas the right to alter, amend, revise, or rescind any of [he value opinions based upon any subsequent environmentei impect studies, research or investigation. 14) Informeiion in the appraisel relating to comparable market deta is more fully documented in ihe confidential Tile in the offwe ot the eppraiser. All studies end field notes will be secured in our files for future reference. 15) It is essumatl that all appliceble zoning and use reguia[ions end res[rictions have been compliad with, uniess s non- conformity has bean steted, detined end cansidared in tha appreisel report. 16) The client is con^,idered to be the person or anti[y paying the appraisal fea, even if through a second perty, ebsen[ written e8reement to the contrary. The liability of R. J. Ruppert Associates, Inc., firm end employees is limited to the client only end [o the fee actually received by the appraiser. 77) It is assumed tha[ ell required licenses, consents or other lepislative or edministrative authority from any loCel, state or national governmental, private entity or organization have been or cen be obtained or renewed for any use on which the value estimete containetl in this report is based. 18) It is essumed that the utilization of [he land improvements is within the boundaries oi the Droperty lines of the property described and thet there is no encroechment or trespass unless noted within the report. SCOPE OF THE APPRAISAL An appraisal is a process of estimating, not determining the market value of real property, as defined herein, as of a specific date for the interest specified in the report. Information provided by the client is nat generally verified, but is believed to be correct and reliable. Legal descriptions, community and neighborhood, site and tax information is generally gained from public records or pubtished sources as well as with individuals beiieved to be familiar with the area. The plat is gained from the public records unless a survey is provided. Size(s) of the subject improvements are measured by the appraiser, or gained from other sources as indicated in the report. The property was inspected from interior and exterior by the appraisers. All possible appreisal techniques are not necessarily used; only those believed to be most apprapriate for this type of property. The appraisal techniques used are considered those most pertinent in the ethics and rules of the APPRAISAL INS71lUTE. Compara6le property data is confirmed with a party familiar with the trartsaction and/or public records as reasonably possible. Research and information of this type is usually limited to one source, uniess reasonable doubt is experienced. Accuracy, of course, cannot be guaranteed. Inspection of comparable properties is limited, in most cases, to visual off site inspectiort. Inspection of the interior artd inspection at the time of sale is seldorr, possible. Analytical conclusions are only those of the appraisers signing the report. The value estimate of the subject property is made giving full consideration to the various factors affecting value. The appraisal is intended for persons, or firms, familiar with real estate and reai property such as the subject and familiar with appraisal terminalogy, methodology and reporting. Piease contact the appraisers preparing the report if any questions about the appraisai, its use, terms, scope and research or analytical methodology used, arise. APPRAISER"S CERTIFICATION The undersigned appraiser/appreisers hereby certify that: A) The undersigned appreiser/appraisers have personally inspected the subject property. B) We have no present nor contemplative interest in the real estate that is the subject of this appraisal report. C) We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. DI Our campensation is not contingent on the reporting of a predetermined value or direction in value that favors the cause of the client, upon the amount of value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. E) To the best of our knowledge and belief statements of fact contained in the appreisal report, upon which the analysis, opinions and conciusions expressed herein are based, are true and correct. F) That this appraisal report sets forth all of the assumptions and limiting conditions affecting the analysis, opinions, and conclusions contained in the report. G) The appraisal report has been made in conformity with and is subject to the requirements of the Standards of Professional Appraisal Practice of the APPfiA1SAL INS77ME and the Uniform Standards of Professional Prectice. H) No one other than the undersigned prepared the analysis, conclusions and opinions concerning real estate that are set forth in the appreisal report. I) Additional information relating to documentation, substantiation, reasoning and justification is maintained in my files and may be made available upon request. JI Disclosure of the contents of this report is subject to the regulations of the APPRAISAL INSTITUTE and no part of the contents of this report shall be disseminated to the public through advertising, public " relations, or any other public means of communication without the prior written consent and approval of the appreiser/appraisers listed belaw. K) The_ praisal assignment was not based on a requested minimum vau specific valuation, or the approval of a loan. i i / C R, . U&`SRA SCOTT J. RUPPERT, ASSOCIATE ' • ~ PARCEL 2 • ' . oR 20 cnncpinAvcnuc Easement 5c~cicn Min,,.:apolis, MN 55413 Engincers nnSycrone 6I2-33I-8660 survcyors N~.89-12 ~ As5ocL7tcs,lnc PAX371•3tlOG PWnncrs PARCEL N0: 10-77250-130-00 • OHNEf.: Mack and Helen Salisbury Dakota county - Taxes 1470 Skyline Drive St. Paul, MN 55121 DESCf:IPTION OF EASEMENT: A temporary easement for public roadway and utility purposes over, under and across the northerly 5.00 feet of the North Nalf of Lot 13, according to the plat of TREFFLE ACRES on file in the Office of the Dakota County Recorder. Said temporary easement contains 1,675 square feet more ar less. Said temporary easement expires December 31, 1990. E: Notaundarysurvcyworkwasperlormedaslothepreclse IHEREBYCERTIFYTHATTHISSURVEY,PLAN,ORREPORTWASPREPARED locaionoflhislract. B ORUNDERMYDIItEGTSUPERV1i.l'ANOTHATIAMADULYREGIS- RE IANDSUR YORUNDER E WSOFTHESTATEOF~"INNESO7A. ' Z /i D. EDWARD AMFS REG, NO, 4 DATE . ECF1IDIt A DANIELR.M[GI6BON RE4NO.IB881 DKfE 13.5' TEMP. ESMT. f I ` 12 °o b a9:-~ ~ N ` tn \ n r\ \ y'~ ~ OLD STG , I y~r ~ MH 7-4 PPOPGSE 4 ~ I : ~l ' / \ ? y ` ~ . Ln • SGi4LE: I~~=~~ v \ }O N 89y 13 \ ~ \ E SMT PERM. •1:~} c ~ ~J ? ~ T~ .A i.l. ~ ~ ~ ~ - 1 \ ~ 0 ~1~1~~~ ~ . • 1~ i - - - - -T~ - ~ ' 3 LU ~ I I . . ' I L' • ; , . -'Y. / ='r MH 7-5 . 0 r' MATCH INPLACE BITUMINOUS 89-12 1 ~ I, • MAT AND CURB d GUTTER 15 TEMP. EASEMENT \ i ~ (BY OTHERS AT STA.0+42) ~EMP. ESMT. F d 1 12.. RC FLAREO END SECi LOT 13 TREFFLE ACRES CLASS I 1 J, R i P-F W/fABRiC 10',X,-'1'5'X 18" C. . . . . , . ~ • : ~ . : . . . . . . • . F • . , ' ; . PARCEL 2 ~ pR slNCnnepmAvenuc ~ SdwieEasement ~ n 'Wpohs. MN 559U Engmeers Maycron& 612-13I•8660 Survcyurs by_?y~ ASSOC'ialcs,lnc FAX311-3806 Planners iVO. ~ 1Z- 1S -84 ~ ~ PARCEL NO.: 10-71250-100-00 ~ OtfNER: Mack and Helen Salisbury Daxota county - Taxes 1470 Skyline Road St. Paul, MN 55121 DESCRIPTION OF EASEMEHT: A permanent easement for public roadway and ut111ty purposes over, under and across that part of Lots 8,9 and 10, TREFFLE ACRES, according to the plat on file in the office of the Dakota County Recorder ?vhich ltes northwesterly of the following described line: Comnencing at the most northerly corner of said Lot 8; thence south 88 degrees 57 minutes 48 seconds East 125.00 feet, assumed bearing, along the north line of Lot 7, said TREFFLE ACRES; thence North 88 degrees 57 minutes 48 secands West 25.14 feet; thence southwesterly 102.27 feet along a tangentlal curve, concave to the south, having a radius of 210.00 feet and a central angle of 21 degrees 42 minutes 09 seconds to a point on the east line of said Lot 8 and the point af beginning of the 11ne to be described; thence continuin9 southwesterly 56.68 feet along said curve having a radius of 270.00 feet and a central angle of 12 degrees 01 minutes 42 seconds; thence South 57 degrees 18 minutes 21 seconds West, on a line parallel with Skyline Dr1ve 534.06 feet to the west line of said Lot 10 distant 12.02 feet south of the northwest corner of said Lot 10 and said line there terminating. Page 1 of 3 . NOTE: uo boundary survey work was performcd as to lAc pre[Isc t HERE6y CERTIFYTHATTHISSURVEY, PLAN, OR NEPOR7 WAS PREpAREC iocalionoflhislract. 6YMEORUNDERMYDIItECTSUP RViS NANDTHATIAMwDULYREGI. VdMZ LANDSU YORUND' E OFTIIESTA7EOFMINNE507A / D. N' G. O.I 9 nT ExliibitA DANIEL R. MCGIBBON REG.NQIBBB3 DATE ' , , • • PARCEL 2 • " A permanent easement for storm sewer and drainage purposes over, under, and across that part of Lots 9 and 10, TREFFLE ACRES, according to the plat on file in the Office of the Dakota County Recorder described as follows: Comnencing at the northwest corner said Lot 30; thence North 57 degrees 18 minutes 21 seconds East, assumed bearing, along the northwest line thereof 82.00 feet to the point of beginning; thence South 57 degrees 18 minutes 21 seconds West along said northwest line, 25.00 feet; thence ; South 32 degrees 41 minutes 39 seconds East 100.00 feet; thencc North 57 degrees 18 minutes 21 seconds East 40.00 feet; thence North 63 degrees 39 minutes 29 seconds West 29.15 feet to its intersection xith a line which bears South 32 degrees 41 minutes 39 seconds East from the point of beginning; thence North 32 de9rees 41 minutes 39 seconds West 75.00 feet to the point of beginning. And a 15.00 temporary construction easement over, under and across that part of said Lots 9 and 10 which lies southwesterly and northeasterly of and adjacent to the above described permanent easement. , Together with a permanent easement for ponding and flowage purposes aver, . , under and across that part of said Lots 8, 9 and 10 described as follows: Commencing at the northwest corner of said Lot 10; thence South 00 degrees 58 minutes 29 seconds Mest, assumed bearing, along the west line of said Lot 10 a distance of 120.16 feet to the point of beginning of the part to be described; thence North 57 degrees 18 minutes 21 seconds East, along a line parallel with the northxesterly line of said Lots B, 9 and 10, a distance of 355.00 feet; thence South 20 degrees 18 minutes 21 seconds West 178.00 feet; thence South 00 degrees 58 minutes 29 seconds West 120.00 feet; thence South 50 degrees 30 minutes 21 seconds West 94.02 feet; thence North 88 degrees 57 minutes 48 seconds West 165.00 feet Lo a point on the west line of said Lot 10; thence Horth 00 degrees 58 minutes 29 seconds East 152.00 feet to the polnt of beginning. Page 2 of 3 , Exhibit A I - I PARCEL 2 • " Tagether with a permanent easement for utility purposes over, under and across. that part of said Lot 8 described as coamencing at the most northerly corner of said Lot 8; thence southwesterly along the northwesterly lot line 92.00 feet; thence southeasterly deflectin9 to the left at a right angle to sald northwesterly line 10.00 feet to the polnt of beginning of the part to be described; thence continuing along the extension of the last descrlbed 11ne 10.00 feet; thence deflecting southwesterly at a rtght angle 60.00 feet; thence deflecting northwesterly at a right angle, 10.00 feet; thence deflecting northeasterly, at a right angle 60.00 .feet to the potnt of beginning. Together with a temporary easement for construction purposes over, under and across that part of said Lot 8 which lies 15.00 feet southeasterly of and adjacent to the southeasterly line of the above described permanent easement. Said permanent roadway and utility easement contains 6,065 square feet more or less. Said permanet utility easement contains 600 square feet more or less. Said permanent drainage easement contains 2,563 square feet more or less. Said ponding easement contalns 1.291 acres more or less. Said temporary constructlon easement contains 3,600 square feet more or less. Said temporary easement explres Oecember 31, 1990. Page 3 of 3 ~ ~ Exhibit A ; . . BLH DEVELOPMENT COMPANY 3030 Harbor Lane, Suite 100 • Plymouth, Minnesota 55447 • 612/553-0474 March 28. 1990 Mr. James R. Dorsey Leonard Street and Dienhard Suite 2300 - 150 South Fifth Street . Minneapolis, MN 55402 Re: Salisbury/City of Eagan Dear Jim: Attached is a sketch which shows one of the ways the Salisbury Property could be developed. I have met with Bruce Allen of the City of Eagan Engineering Department to discuss this project. The following information is important: 1) Proposed 6.3 acre feet of storage 2) Proposed water elevation - 860.6 3) Proposed overflow (lowest street elevation) - 865.3 4) Existing lowest street elevation - 863.7 5) The City of Eagan should be requested to lower the street grades to around 863 elevation We have laid out a ten lot subdivision on Lots 8. 9, and 10 of the Salisbury property, which would leave the wooded areas on the westerly and northerly side intact, and still allow the required acre feet of starage. We have computed the grading quantities on site for this project and find that we are approximatley 4,000 cubic yards short of material on-site. We should request that the City would stockpile excess material on-site (5,000 to 10,000 cubic yards if available). We will discuss these items in detail on Friday. Sincerely, BLH DEYELOPMENT COMPANY I Dickman C. 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