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HomeMy WebLinkAbout2001-09-27 CA Ltr to OPH Forwarding Entered Findings of Fact & Order for Judgement LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Paul A. Wolff Robert G. Briggs * (1944 -1996) Mark J. Vierling •¢ (651) 439 -2878 Thomas J. Weidner •+ Lyle J. Eckberg Susan D. Olson + FAX (651) 439 -2923 Of Counsel David K. Snyder •Qi nlified Neutral Arbitrator Timothy M. Kelley Writer's Direct Dial: (651) 351 - 2118 *Certified Real Estate Specialist +Qualified Neutral Mediator September 27, 2001 "rE@J 7E OCT - 1 2001 Ms. Kimberly Kamper Acting City Administrator City of Oak Park Heights •rw.t 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: 5887 Beach Road — Hazardous Building Dear Kim: Enclosed herewith for your records please find copy of F's • . ct and Order for Judgment which was entered by the Court on September 2 i 11. If you h. - any questions regarding this matter, do not hesitate to contact me directl Yours ery truly, M. • J. Vierling MJV /sdb Enclosure STATE OF MINNESOTA TENTH JUDLLIAL 11151KLL1 COUNTY OF WASHINGTON Stillwater, MN Case Number: 82- C4 -01- 004448 CLERKS NOTICE f Case Title: IN RE: MATTER OF THE HAZARDOUS BUILDING OR STRUCTURES L AT 5887 BEACH ROAD OAK PARK HEIGHTS, MINNESOTA MARK J VIERLING ECKBERG LAMMERS BRIGGS ET AL 1835 NORTHWESTERN AVE STILLWATER MN 55082 (1) D NOTICE OF: X FILING X ENTRY OF JUDGMENT DOCKETING JUDGMENT PLEASE TAKE NOTICE THAT: X AN ORDER WAS DULY FILED ON SEPTEMBER 26, 2001. X A JUDGMENT WAS DULY ENTERED ON SEPTEMBER 26, 2001. A JUDGMENT WAS DULY DOCKETED ON , 2001. IN THE AMOUNT OF $ . A true and correct copy of this notice has been served by mail - -- upon the parties or their attorney's at their last known address, - -- pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. CHRISTINA M. VOLKERS COURT ADMINISTRATOR BY: TL Deputy Dated: 09/26/2001 i • STATE OF MINNESOTA ! DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT •, Case Type: 14 /Other In Re: Court File No.: C4 -01- 004448 The Matter of the Hazardous Building FINDINGS OF FACT AND or Structure Located at 5887 Beach Road ORDER FOR JUDGMENT Oak Park Heights, Minnesota The above - entitled matter came on for hearing before the Honorable Kenneth J. Maas, Judge of District Court on the 25t day of September, 2001, at the Washington County Government Center, 14949 — 62nd Street North, Stillwater, Minnesota 55082. The City of Oak Park Heights was represented by counsel, Mark J. Vierling, Esq. There was no appearance on behalf of Jerry Bjorkman or Allstate Insurance Company. Upon all of the files, records and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. That the City Council for the City of Oak Park Heights did, pursuant to Minn. Stat. §463.15, et. seq., did issue its order on June 26, 2001 directing the removal of hazardous structures at the property at 5887 Beach Road in the City of Oak Park Heights, said hazardous structures being damaged by fire, having occurred in April, 2001. Said property is legally described as Lots 13 -16, Block 4, Excluding to Highway on Lot 16, Oak Park Addition. • 2. That the Summons and the Order were duly issued and served upon Allstate Insurance Company on July 3, 2001 and upon Jerry Bjorkman on July 3, 2001. 3. That Jerry Bjorkman is the fee owner of the subject property and that Allstate Insurance Company has a potential lien relative to homeowners insurance coverage affecting said property. That neither Jerry Bjorkman or Allstate Insurance Company has filed and/or served an Answer in response to the order of the City of Oak Park Heights duly served upon them. 4. That on August 15, 2001 the City of Oak Park Heights did file and serve its motion for summary judgment in this matter. The motion was duly served upon Mr. Karl Ranum, attorney at law representing Mr. Jerry Bjorkman, and upon Mr. Lee Magel, representative of Allstate Insurance Company on the 15 day of August, 2001. 5. That neither Mr. Bjorkman nor Allstate Insurance Company has placed any answer, responsive pleading or otherwise appeared relative to the motion for summary judgment served by the City of Oak Park Heights to be heard before this Court on the 25 day of September, 2001 at 1:00 p.m. 6. That the Court finds that the fee owner and/or interested parties relative to such property at 5887 Beach Road in the City of Oak Park Heights, County of Washington, State of Minnesota are in default. 7. That the Court finds that the conditions of the property at 5887 Beach Road within the City of Oak Park Heights are specifically as follows: a. Fire substantially destroyed the premises on April 4, 2001. The remaining portions of the residential structure are uninhabitable, dilapidated, structurally unsound and a threat to public health and safety; b. That the homestead structure is beyond repair in that the framing structure has been damaged by fire; c. That the facia and soffets are burned out, thereby permitting animals to enter the dwelling; d. That the siding and window conditions are severely burnt; and, e. The dwelling has no electricity, water, sanitary facilities or heat and is an attractive nuisance to the neighborhood children. 8. The Court finds that it is reasonable for the City of Oak Park Heights to raze and remove the residential structure and accompanying accessory structures and garages relative to the property. Based upon the foregoing Findings of Fact, the Court herewith enters the following: CONCLUSIONS OF LAW 1. The City of Oak Park Heights is allowed to enter upon the real property located at 5887 Beach Road, the same being legally described as follows, to -wit: Lots 13 - 16, Block 4, Excluding to Highway on Lot 16, Oak Park Addition immediately upon the entry of this Order. 2. The City of Oak Park Heights is permitted and allowed to raze and remove the principal and accessory structures located upon the above - mentioned property and thereafter is permitted to assess the real property specially in the manner prescribed by Minn. Stat. §463.21 for the costs related to the razing and removal of the structures thereon. 3. The City of Oak Park Heights may sell and salvage any valuable materials at public auction upon three (3) days' posted notice to the property owner, if there are any to be salvaged and may thereafter apply the proceeds of any such auction or sale to the costs incurred by the City in razing and removing the structures upon the real property. • 4. The City of Oak Park Heights is entitled to its costs and disbursements incurred within these proceedings and its attorneys fees as a part of the project cost for the razing and removal of the structure. 5. The City of Oak Park Heights is entitled to its costs and disbursements incurred within these proceedings and its attorney's fees as part of the project costs for the razing and removal of the structure. Attorney's fees for the City of Oak Park Heights are awarded in the amount. of $1,483.61. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this ,2 6 day of S C•� , 2001. BY THE COURT: X eyt ,„,.,dAillAeroges Kenneth J. Maas Judge of District Court • .JUDGMENT Pursuant to Rule 58,_Civil Rules of Procedures; I hereby certify that the above Order constitutes the judgment of this Court. Christina M. Volkers Court Administrator Dated: �� .224 1)/ By� De..