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HomeMy WebLinkAboutUntitled (2) le-g-t-t-ti---04- -41 Fr / t ,/ t'/?-0# trot 6' 7e - -44(1-4-- J.,,u,".42-. / 7C e 1// RECEIVED NOV 10 1983 Form No. 17I8 Commissioner of Revenue P°.Y`AFA APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD LAWS 1974, CHAPTER 206 STATE OF MINNESOTA ) County of WASHINGTON ) Date November 8 19 83 To: Robert D. Burns Assessor of ., .v-- Washington County, Minnesota I, the undersigned, declare under penalties of perjury: That I reside at 14087-60th.St. No., Oak Park Heights, Minnesota 55082 That I am not less than 65 years of age and that the date of my birth is March 29, 1903. That I am the owner of the property legally described as: W 633 feet of NW 1/4 of NW 1/4 of Section 4, Township 29, Range 20 West, Washington County, except the South 550 feet thereof and the portion thereof taken for highway purposes [Parcel No. 50-60004-4330] That my interest in the ownership of the above property was acquired August 19 53 and is as follows: 1. Sole ownership (Enter yes, if applicable) Yes (as the surviving joint owner of the property with Peter J. Dielentheis, now deceased) 2. Joint tenancy, held with _ 3. Other undivided interest (Specify) my now deceased husband and That on January 2, 1983 / czatizo.bco.te I owned and occupied the above property as/nC9u1Qnestead and such occupancy began in August 19 57 That the taxes for improvements on the special assessments duly adopted in ordinance by the _City Council of the City of Oak Park _Heights .. as of __October 24 19 83 which have been allocated against the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed and that such taxes be so deferred for the years 19__M_ to 119 94 Here incorporated by reference are - (i) the City's .. t deferral resolution ac ion of January 25, 1982 as to the undersigned's above descri.-. pr.perty, and (ii) the undersigned's Notice of Appeal dated 40/ _ November 4, 1983, as to the subject Signed Old A. Dielenthe0',er� special assessments. I, , Clerk of the of in County, State of Minnesota, do hereby certify that the application of above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly 0 APPROVED or ❑ DENIED as of 19 That in accordance with approval granted, that the taxes on the affiants subject property levied for annual collection in the amount of $ for the year(s) should be so deferred with interest at the annual rate of %, until such time as it is deemed the appli- cant no longer qualifies or the property loses its eligibility. Dated _ 19 (Clerk or Authorized Deputy) OFFICE OF REGISTER OF DEEDS ) STATE OF MINNESOTA County of ) I hereby certify that the within Authorization was filed in this office for record on the day of A.D. 19 at o'clock M., and that delayed payments in the amount of $ for each of the years 19 to 19 , subject to annual rates of interest fixed at % was duly recorded in Book , on page Register of Deeds By Deputy ASSESSORS' ORDER AND/OR NOTICE OF TERMINATION ON DEFERRED TAX FOR SENIOR CITIZENS I certify that I have reviewed the application of herein named, that it has been duly approved and that taxes levied for special assessments under the subject ordinance have been officially deferred in the amount of $ for each of the followings year(s) , subject to annual fixed at % as recorded in Book Page of the records in the Register of Deeds office in this county, and it is so ordered. Date of Approval 19 County Assessor OR The above order terminated this day of 19 Reason(s) : • County Assessor Dielentheis - Easement Mr, Dielentheis would like the following treesi 4 Hard Maples ' 2 Russian Olives 2 Jack Pine 2 Blue Spruce' " Don Burkhart checked with several nurseries. They dq t sell Jack Pine. The closest they have is ; Scotch Pine , ; Mr. Dielentheis would like`2 ir,c. i t-rees appro ;itnately .6 to 8 feet high. The cost of this including would be from $100 to $200 per tree. /goo, yak _ r+Iy f , f �;f . _ .'... . . „ '- . .... . _ , r• .... 4.... '''''■ t^.77 ...,.. ii --, ....,. • . v-1 -... *-'4=" H. I-"• I—' rt —• -7 7-: ,,),1 _ ,.., , ,.1 ......, ..... _. __ . 'z' 0 C.: a 217 'T1 V. '5 ;,. :- „.. rt. -- (D t.7I 0 "--" Li? r- r, .,,. I 1 ^3 D J ......, T O Z ■ rt P5' i.7- ,,e r..r —• 5,.,1 t•„ft (..,..1 -,:. -.1 kr.,.! , -.,4: -7- . -- r, -- ' C rl 111) --7•77, --, r.0 el-. r1,- rt I-t :-"r - r) ...5. tr) , . 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I+.: ,t"1-, ",..• -, .-. . , - :r , ..., i!,, rt ,:: • '-' -0 .., ?.•-n.. , , ‘0 ' , . ,. , . , - • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS. WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS March 14 , 1984 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mr. -- Clerk of---Court Washgton County Courthouse Stillwater, MN 55082 In Re: Linguist vs. Oak Park Heights Case No. 82-C5-83-153886 Dielentheis vs. Oak Park Heights. Case No. 82-C7-83-153887 Dear Bill: Regarding the above-entitled matters, I wish to advise you that the same are essentially companion cases regarding the appeal of assessments levied by the City of Oak Park Heights. for the so-called Linguist-Anderson Improvement Project. Said matters were set for trial on Monday, March 19th and Tuesday, March 20. I have just received a notice from your office indicating that the Linguist matter has now been reset to May 21, 1984 . As I have advised your office, it would be preferable if these two matters could be set at the same time and 'even on the same date, because they involve essentially the same wit- nesses and the same evidence. In addition, pursuant to my discussions with Roy Holsten, attorney for Mr. Linguist, it appeared that we might be able to submit this matter to the Court pursuant to a stipulated set of facts thereby avoiding a Court hearing.. Regarding the Dielentheis matter, we have had in depth discussions regarding certain engineering matters which, if resolved, may also resolve the Dielentheis appeal . Based on the above, I respectfully request that the Dielentheis matter also be reset to May 21 , 1984 , and hopefully both matters will be resolved prior to that date. If not, it would appear to make sense to have both matters heard at the same time. Your office indicated that this request would Mr. William A. Funari March 14, 1984 Page Two probably be granted, but that we should make the request to you in writing. I would appreciate your confirming the resetting of both of these matters to May 21 . Thank you for your anticipated cooperation regarding the above. Very truly yours, James F. Lammers JFL:jo �c. LaVonne Wilson LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS May 4 , 1984 PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mr. Roger Rohr Muske Co. nc. 526 G Avenue St aul, MN 55105 7 In Re: Oak Park Heights vs. Dielentheis Dear Roger: Regarding the above-entitled matter, it appears at this time as if it will be necessary to prepare for trial. I therefore am enclosing a copy of my most recent letter to Joe Anderlik, a copy of Joe' s letter to me dated April 11, 1984, a copy of the property owner' s attorney' s letter dated March 18 , 1984, a copy of Joe Anderlik' s letter to me dated December 22, 1983 and a copy of Bob Voto' s letter dated October 24, 1983 . I am also enclosing a copy of the Respondent' s Statement of the Case, Appellant' s Statement of the Case, the assessment roll , and the Notice of Appeal. I will confirm within the next several days that a formal appraisal will be necessary, but I thought I would provide you with this preliminary information at this time in anticipation of the necessity for the formal appraisal. I wish to thank you for your cooperation and help to date regarding this matter, and should you have any questions at this time, please do not hesitate to give me a call . Very truly yours, James F. Lammers JFL: jo Enclosures !Ac RECEIVED LaVonne Wilson RECEIVED Y � LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER, MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS May 4, 1984 PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mr. Joseph C. Ander BONESTROO, ROS " , ANDERLIK & ASSOCI: ' S 2335 We Highway 36 St. Paiul, MN 55113 In Re: Dielentheis vs. City of Oak Park Heights Dear Joe: Regarding the appeal regarding the above-entitled matter, I wish to confirm our telephone conversation of Tuesday, May 1, 1984 at which time you indicated that you would be providing to me cost figures regarding the ultimate servicing of the Dielentheis parcel with sanitary services. As I advised you, in order to sustain the sewer assessment, we must establish that the sewer which existed as a result of the 1968 project which provided sewer along 230 feet of the 600 front feet of the parcel would not meet the parcel ' s ultimate needs for sanitary sewer service. It, of course, is the position of the property owner that the sewer which previously existed provided adequate sewer service to the interior parcel and that the extension of said sewer line conferred no additional special benefits to the property. The landowner further claims that the second 4-inch service provided as a result of the project in question provides absolutely no benefit to the parcel because it is separated by the frontage road, no access is allowed into the frontage road at that point, and that portion of property would most likely be developed as a parking lot. It would appear that we must establish that the costs of hooking on to the properties which were constructed as a part of the improvement project together with the proposed assessments would be less than the costs the landowner would have incurred to run interior laterals for the 230 feet of sewer pipe previously constructed. In order for Roger Rohrer to make his appraisal, we would need to be provided with these cost figures and therefore I would appreciate your computing these costs at your very earliest convenience. it EcEivrn Wpb 7 4,,. Mr. Joseph C. Anderlik May 4, 1984 Page Two Should you have any additional questions, or should you need any additional information, please do not hesitate to give me a call . Very truly yours, James F. Lammers JFL: jo ✓cc. LaVonne Wilson P.S. We have just received a call from the Clerk of Court indicating that the date for trial has been changed to May 22 , 1984 at 9:00 a.m. ■ 5 Y LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 5 082 439-2878 LYLE J. ECKBERG May, 18 , 198 4 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mayor r So o f Oafk ld d Heights Cit Council In Re: Olga A. Dielentheis vs. City of Oak Park Heights Dear Mayor Sommerfeldt and Members of Oak Park Heights City Council: Enclosed please find a proposed Stipulation which I have prepared and submitted to the attorney for Mrs. Dielentheis regarding the above-entitled matter. The reason why we felt it would be in the best interests of the City to enter into such a Stipulation is the fact that in 1968 the City constructed a sanitary sewer line along ine alon 230 feet of the frontage of the Dielentheis property and assessed the entire parcel with the sum of $2,070. 00 for sanitary sewer which assessment was paid by the Dielentheises. As a part of the subject improvement, said sewer line was extended along the remaining frontage of the subject property on 60th Street, which remaining balance has no direct access to the frontage road, and was also extended along the west side of Oakgreen a distance of approximately 300 feet, and again the frontage of the Dielentheis property for this distance has no direct access to Oakgreen. It has been the position of Mrs. Dielentheis that the property having been once assessed for sanitary sewer cannot be P no d again, and that the pipe as constructed provided assesse g , additional benefit to the property, an& the property could be fully served by means of the previously constructed pipe along the easterly 230 feet of the frontage. It has been the position of Joe Anderlik that the property was benefited by the extension of the sewer service, but it is my opinion that the Dielentheis position is supported by recent decisions of the Minnesota Supreme Court. In the case of Southview vs. the City of Inver Grove Heights, the City extended the water and sewer main along the balance of the property, said property having been previously provided with sewer and water main improvements and being assessed therefor. In holding that the City could not assess for these subsequent extensions, the Court Mayor and Council Members May 18, 1984 Page 2 stated that a parcel of property receives no special benefits if the sewer and water improvements which previously existed would meet its needs. It would appear that Mrs . Dielentheis could reasonably argue, and in fact had engineers prepared to testify that the sewer previously provided to the property would have been sufficient to service the entire parcel. In the case of Independent School District #709 vs. the City of Duluth, our Supreme Court held that if an existing sewer is adequate, no assessment can be made for the construction of the extension of said sewer. The Court further stated that should property not be in fact benefited by an improvement by reason of the existence of a like or similar improvement from which the property derives all of the benefits of the kind necessary to its use and enjoyment, the property is not subject to an assessment for later improvements if the existing services are adequate. Based on the above, we had offered to Mrs. Dielentheis to reduce the sewer assessment in the amount of $14 ,800 .00 to the sum of $6,000_. 00, which offer Mrs. Dielentheis refused, and rather she offered to pay the sum of $2 ,500 .00 . It was our opinion that this offer was unreasonably low, and therefore was rejected. As a practical matter, both Joe Anderlik and our office feel quite strongly that in the event the Dielentheis property is developed for commercial purposes, as it most certainly will be, the developer of the property will in fact choose to utilize the sewer extensions recently constructed. For this reason, we have proposed, and Mrs. Dielentheis has accepted our compromise offer as contained in the enclosed Stipulation which provides in essence that if and when the property does connect to the extended sewer, the developer will pay the full amount of the assessment in the amount of $14,800 .00. We feel strongly that by taking this approach, the City will ultimately receive the full amount of its assessment. Whereas, had we proceeded to a Court trial, it is quite likely that the Court would have found no benefit as a result of this improvement. Regarding the water assessment, Mrs. Dielentheis has agreed to dismiss her appeal and has agreed to pay the full assessment in the amount of $12 ,000 .00 . We had previously advised the attorney for Mrs. Dielentheis that we felt the Council would favorably consider a request to defer these assessments, but it is my understanding that the Council has never taken formal action regarding a request for deferral . Because of the Dielentheis position regarding the sewer assessment, we have indicated to their attorney that we would recommend that the Council not agree to defer the water assessment. Mayor and Council Members May 18, 1984 Page 3 Should you have any questions regarding the above, please do not hesitate to give me a call. I would request that the Council take formal action on the proposed Stipulation at your next regular meeting. Very truly yours, „--- .7---- /-----) (.James F. i Lammers JFL: jo Enclosure cc. Joseph C. Anderlik )))1 bie (A • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P.O. BOX C STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG May 23, 1984 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG LaVonne Wilson CITY OF OAK PARK HEIGHTS 14168 - 57th Street North Stillwater, MN 55082 In Re: Dielentheis vs. City of Oak Park Heights Dear LaVonne: Regarding the above-entitled matter, enclosed please , find a bill which we received from Roger Rohrer in the amount of $950. 00 for his services rendered regarding the Dielentheis assessment appeal . In order to reasonably resolve this matter, it was necessary to retain Mr. Rohrer to perform appraisal services, although he did stop short of preparing an actual appraisal which would have been approximately another $1, 000. 00. It is my understanding that you will submit this bill to the Council for approval. Should you have any questions regarding the above, please do not hesitate to give me a call. Very truly yours, )/c mes F. Lammers JFL:jo Enclosure CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD TUESDAY, MAY 29 , 1984 Call to order by Mayor Sommerfeldt at 7 :00 P.M. Present: O' Neal , Doerr, Carufel , Seggelke, Eckberg and Wilson. Absent : None. O' Neal moved to request Steve La Venture to comply with the court order prior to June 25 , 1984 and schedule a public hearing for his variance request on that date at 7 :00 P.M. Seconded by Doerr. 5 aye votes. Carried. • Michael Robinson of the State Department of Transportation showed the council and residents the proposed ' changes along Highway 436. Attorney Albert Ranum presented Mr. Robinson with a petition signed by an additional 130 residents of the area regarding the intersection of Greeley St. and Highway 436. Seggelke, seconded by Carufel , moved to grant concept approval for the sign to be installed at the Swager Bros . Office Bldg. 5 aye votes. Carried. Doerr, seconded by Seggelke, moved to schedule a public hearing on the variance request from Erickson Post for a canopy. Hearing to be held Monday, June 11 , 1984 at 7 : 00 P.M. 5 aye votes . Carried. Carufel, seconded by O' Neal , moved to authorize City Engineer to request bids for sewer and water installation on 58th and 59th Streets subject to Mr. Swager filing waivers, etc. Engineer to specify City cost for water looping. Roll call vote taken with 5 aye votes cast. Carried. Carufel moved to approve NSP to initiate the lighting project for the North side of 57th St. East to Ozark with approximately five underground ornamental lights and lighting as necessary in the Heights Business Park. Seconded by O' Neal . 4 aye votes by Sommerfeldt, Doerr, Carufel and O' Neal. Abstain by Seggelke. Carried. Seggelke moved to adopt Resolution 484-5-11 to install two no-parking signs in front of the VFW on the West side of Omaha St. Seconded by O'Neal . Roll call vote taken with 5 aye votes . Resolution adopted. Doerr moved to employ Tim Witt and Kara Lampi as part time park personnel for the summer at the rate of $3 . 50 per hour. Mike Choiniere will be full time maintenance summer help at $5. 25 per hour and will co mmence June 11th. Seconded by Carufel . 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to adopt Resolution 484-5-12 commending Kevin Brochman for his Olympic accomplishments . Roll call vote taken with 5 aye votes cast. Resolution adopted. Carufel, seconded by O' Neal , moved to accept the stipulation between nlga A. fielentheis and the City - Court File No. 53887 . Roll call vote taken with 5 aye votes cast . Carried. LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 726 SOUTH SECOND STREET P.O. BOX C STILLWATER. MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F, LAMMERS June 5, 1984 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES 1. MOBERG LaVonne Wilson City of Oak Park Heights 14168 - 57th Street North Stillwater, MN 55082 In Re: Olga Dielentheis vs. Oak Park Heights Dear LaVonne: Enclosed please find three copies of the Stipulation regarding the above-entitled matter which have now been executed by myself, Mrs. Dielentheis and her attorney. It is my under- standing that the Council has previously reviewed and provided you with a copy of the Stipulation, and therefore I request that you and the mayor execute all three copies and return the original tr.,: and one executed copy to me and retain one executed copy for your files. Should you have any questions regarding the above, please do not hesitate to give me a call. Very truly yours, f � Ja s F. Lammers JFL:jo L7 o7 n a o 0 1H . � o 4::. I w v w h eo , 1 H * N. 101 i 2, v° a H V rot "9 W I +-. M M L I 711Hz:07 rn p z o I. z I ) rn r 1 a z y A a "r pi C)J . Inv iauuiiiiaiauw K • , . O it .... ob r x 00• >'x O h ! 0 P. ZI trl 11I11iI11I1I I I V4 77 V H it . . ' ,001;" 1 .x:4) . /1 .41 1 i , i 1 . x 4 4 STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. 53887 Olga A. Dielentheis, Appellant, vs. STIPULATION City of Oak Park Heights, Washington County, Minnesota, Respondent. WHEREAS, on October 24, 1983, the City of Oak Park Heights duly adopted Resolution No. 83-10-42 adopting an amended assessment roll pertaining to the Anderson-Linquist sewer and water extension project, and WHEREAS, pursuant to said assessment proceedings, the property of the above-named Appellant, known as Parcel No. 50- 60004-4330 located at 14087 North 60th Street and legally described as follows: The West 633 feet of the Northwest quarter of the Northwest quarter (NW* of NW}) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes, was assessed the following amount: water - $12,000.00 sewer - $14,800.00 and • WHEREAS, said Appellant has duly appealed said assessments, and WHEREAS, the sanitary sewer improvement project as it affects Appellant's property consisted of the extension of an existing 230-foot sanitary sewer main originally constructed in 1968 along the easterly 230 feet of the frontage of Appellant' s property, an assessment of $2,070 .00 for said 230-foot sewer pipe having been paid by Appellant in 1982, said extension of said pipe being a distance of 370 feet along the remaining frontage of said property and along the west side of Oakgreen Avenue fronting the west side of Appellant' s property a distance of approximately 300 feet, and WHEREAS, it is the position of Appellant that her property was not specifically benefited as a result of the extension of said sanitary sewer main, and that the previously existing 230-foot sanitary sewer main adequately provided sewer service to the entire parcel, and WHEREAS the City of Oak Park Heights has agreed to remove said sanitary sewer assessment in the amount of $14,800.00 from the assessment rolls of the City with the understanding that in the event at any time in the future the Appellant or any future owner of said parcel or any part thereof desires to connect to said sanitary sewer line constructed as a part of said subject improvement project that said assessment in the amount of $14,800.00 shall be paid in full prior to said future connection being permitted, and - 2 - WHEREAS, the Appellant has agreed to dismiss its pending appeal of said sanitary sewer assessment with the understanding that the subject parcel shall not be permitted to connect to said sanitary sewer line extended and constructed as a part of the subject improvement unless the pending assessment of $14,800 .00 is paid in full prior to said connection, and WHEREAS, both parties hereby agree that future connection to the previously existing sanitary sewer line along the easterly 230 feet of the frontage of said parcel shall be permitted at no additional cost other than the payment of connection charges normally imposed by the City for such connection, and WHEREAS, the Appellant has agreed to dismiss its appeal of the water assessment in the amount of $12,000. 00 thereby allowing said assessment to be certified to the Washington County Auditor and paid in accordance with the terms and conditions of the assessment roll as originally adopted. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. That the City of Oak Park Heights hereby agrees to remove the sanitary sewer assessment in the amount of $14,800.00 from the above-described property. 2. That in the event the Appellant or any future owner of the subject parcel or any part thereof desires to connect to any part of the sanitary sewer line constructed as a part of the subject improvement project at any location other than along the existing 230 feet of the easterly frontage of said parcel, that - 3 prior to said connection being permitted, the Appellant shall pay to the City of Oak Park Heights the sum of $14,800.00, said sum constituting the agreed upon benefit said parcel would receive as a result of being permitted to connect to said sanitary sewer main,. 3. That the City of Oak Park Heights shall permit future connection to the previously constructed sanitary sewer line located along the easterly 230 feet of the frontage of the subject parcel with no additional assessment being imposed to said parcel provided that the Appellant, or any future owners of said parcel shall pay such connection charges as normally imposed by the City for such connection. 4. That the Appellant shall dismiss the pending appeals for both the sanitary sewer and water improvements and shall pay the water improvement assessment according to the terms and conditions of the assessment roll as originally adopted. 5. That this Stipulation shall be filed with the Clerk of District Court and a certified copy of said Stipulation shall be filed in the office of the Washington County Recorder and shall run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. ga, Q 5///84 O1gaJA. Dielentheis, Appellant �ti..5/29/84 William R. Busch Attorney for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612 ) 222-0781 - 4 - a �► CITY OF OAK PARK HEIGHTS i B k� 6/7/84 y� Mayor , A 6 irk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 6/6'/84 ;1 , -s F. Lammers At •rneys for Respondent 126 South Second Street P. 0. Box C Stillwater, MN 55082 (612) 439-2878 - 5 - ti STATE OF MINNESOTA „t? L-o IN DISTRICT COURT COUNTY OF WASHINGTON ;�� TENTH JUDICIAL DISTRICT Court File No. 53887 Olga A. Dielentheis, Appellant, vs. STIPULATION City of Oak Park Heights, Washington County, Minnesota, Respondent. WHEREAS, on October 24, 1983 , the City of Oak Park Heights duly adopted Resolution No. 83-10-42 adopting an amended • assessment roll pertaining to the Anderson-Linquist sewer and water extension project, and WHEREAS, pursuant to said assessment proceedings, the property of the above-named Appellant, known as Parcel No. 50- 60004-4330 located at 14087 North 60th Street and legally described as follows: The West 633 feet of the Northwest quarter of the Northwest quarter (NWi of NW}) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes, was assessed the following amount: water - $12,000 .00 sewer - $14,800 .00 and - WHEREAS, said Appellant has duly appealed said assessments, and WHEREAS, the sanitary sewer improvement project as it affects Appellant' s property consisted of the extension of an existing 230-foot sanitary sewer main originally constructed in 1968 along the easterly 230 feet of the frontage of Appellant' s property, an assessment of $2 ,070 .00 for said 230-foot sewer pipe having been paid by Appellant in 1982, said extension of said pipe being a distance of 370 feet along the remaining frontage of said property and along the west side of Oakgreen Avenue fronting the west side of Appellant' s property a distance of approximately 300 feet, and WHEREAS, it is the position of Appellant that her property was not specifically benefited as a result of the extension of said sanitary sewer main, and that the previously existing 230-foot sanitary sewer main adequately provided sewer service to the entire parcel, and WHEREAS the City of Oak Park Heights has agreed to remove said sanitary sewer assessment in the amount of $14,800 . 00 from the assessment rolls of the City with the understanding that in the event at any time in the future the Appellant or any future owner of said parcel or any part thereof desires to connect to said sanitary sewer line constructed as a part- of said subject improvement project that said assessment in the amount of $14,800.00 shall be paid in full prior to said future connection being permitted, and - 2 - WHEREAS, the Appellant has agreed to dismiss its pending appeal of said sanitary sewer assessment with the understanding that the subject parcel shall not be permitted to connect to said sanitary sewer line extended and constructed as a part of the subject improvement unless the pending assessment of $14,800 .00 is paid in full prior to said connection, and WHEREAS, both parties hereby agree that future connection to the previously existing sanitary sewer line along the easterly 230 feet of the frontage of said parcel shall be permitted at no additional cost other than the payment of connection charges normally imposed by the City for such connection, and WHEREAS, the Appellant has agreed to dismiss its appeal of the water assessment in the amount of $12,000. 00 thereby allowing said assessment to be certified to the Washington County Auditor and paid in accordance with the terms and conditions of the assessment roll as originally adopted. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. That the City of Oak Park Heights hereby agrees to remove the sanitary sewer assessment in the amount of $14,800 .00 from the above-described property. 2. That in the event the Appellant or any future owner of the subject parcel or any part thereof desires to connect to any part of the sanitary sewer line constructed as a part of the subject improvement project at any location other than along the existing 230 feet of the easterly frontage of said parcel , that - 3 - prior to said connection being permitted, the Appellant shall pay • to the City of Oak Park Heights the sum of $14,800 .00 , said sum constituting the agreed upon benefit said parcel would receive as a result of being permitted to connect to said sanitary sewer main,. 3. That the City of Oak Park Heights shall permit future connection to the previously constructed sanitary sewer line located along the easterly 230 feet of the frontage of the subject parcel with no additional assessment being imposed to said parcel provided that the Appellant, or any future owners of said parcel shall pay such connection charges as normally imposed by the City for such connection. 4. That the Appellant shall dismiss the pending appeals for both the sanitary sewer and water improvements and shall pay the water improvement assessment according to the terms and conditions of the assessment roll as originally adopted. 5. That this Stipulation shall be filed with the Clerk of District Court and a certified copy of said Stipulation shall be filed in the office of the Washington County Recorder and shall run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. ,51�f/84 O1 g a A. Dielentheis, Appellant ctf:eal, 5/29/84 William R. Busch for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612) 222-0781 - 4 - r CITY OF OAK PARK HEIGHTS BY '"7-21 / /84 Mayor _'. 84 C erk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 6/6/84 Tamils F. Lammers A .to`rneys for Respondent 126 South Second Street P. O. Box C Stillwater, MN 55082 (612) 439-2878 THIS INSTRUMENT DRAFTED BY: James F. Lammers ECKBERG, LAMMERS, BRIGGS , WOLFF & VIERLING 126 South Second Street P. O. Box C Stillwater, MN 55082 - 5 - i N.... C._ ...,........ N Y . ( 4 g .......pl.,..2.:::... ‘• . . ...- . ...r..- . f--.:::• ,-.-. 1 • _. . . , •- I2.:CP"' - '.-.7,,„..,..C-- , ,...,.. • . _ • _ tri r-r,•=r- Ln 1....; =3 7--70 ,',' 7c r•- ;,,J.,— C.• r-4 ... ''s ,..... ri :c4 C:32 ..C.... ....... • ----.0 - . ..... . e , .. - . • ... • . r LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P.O. BOX C STILLWATER, MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS June 25, 1984 ROBERT G. BRIGGS PAUL A. WOLFF MARK J.VIERLING JAMES 1. MOBERG LaVonne Wilson CITY OF OAK PARK HEIGHTS 14168 North 57th Street Stillwater, MN 55082 In Re: Dielentheis vs. City of Oak Park Heights Dear LaVonne: Enclosed please find a copy of the recorded Dielentheis Stipulation. I recommend that the City records clearly indicate that sewer and water will not be provided to this property in the future without the full amount of the assessments as set forth in the Stipulation having been paid. Should you have any questions regarding the above, please do not hesitate to give me a call . Very truly yours, J es F. Lammers JFL:jo it Enclosure A.i nn ___,7„,. 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DIELENTHEIS 14087 NORTH 60TH ST. 439-2253 ' STILLWATER, MN 55082 �(� 75-45 ?T Y f IA 19�J T 919 OREOF e _t ' • _ s - /� '� ' ! I t l ' ' iffi EP -6 I. ' _ 1 : :LLARS vs: Norwast Bank Stillwater / F e NORM'ESTBANKS Stillwater,MN 55082 MAY 2 5$4 sass/FORillailair , .= T �-� /7 RILRh a 1:091900436,: 3 94 3u• 7 .43 .''0000 385306" 7X0. .i.'44"''4'' 1-.'\''4"°4..0 • 4' �j rd2 Sa.-4 -- 1410 -2 2 Y-,•, cc..4...„1.e.d.--zi A.A...... 57a. 1,47 y 7.447-i.4. LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX C STILLWATER. MINNESOTA 53082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS August 20, 19 8 4 PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mrs. La Vonne Wilson, City Clerk City of Oak Park Heights 14168 - 57th Street North Stillwater, Minnesota 55082 Re: Dielentheis assessment appeal Dear La Vonne: Enclosed please find the original and two copies of a proposed Resolution regarding the refund to Olga Dielentheis. Please place this item on the agenda for the next Council meeting. If there should be any questions regarding this matter, do not hesitate to contact us. • xs ry ru , J le Ec L g LJE:kf Encs. RESOLUTION NO. ? - - WHEREAS, the City of Oak Park Heights installed a sewer line to serve Parcel No. 50-60004-4330 , located at 14087 North 60th Street and legally described as follows, to-wit: The West 633 feet of the Northwest Quarter of the Northwest Quarter (NW' of NWT) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes; and WHEREAS, said above-described parcel was duly assessed the sum of $14,800.00, and the first installment thereof was certified to the County Auditor of Washington County to be collected with the real estate taxes payable in 1984; and WHEREAS, the owner of said parcel paid the first half of said installment payable in 1984 in the amount of $ and WHEREAS, pursuant to Stipulation entered into by the property owner, Olga A. Dielentheis, and the City of Oak Park Heights, a copy of which is attached hereto and made a part hereof by reference, said assessment was removed with the understanding that in the event of any future connections to said sanitary sewer line, said assessment would be due and payable. NOW, THEREFORE, BE IT RESOLVED that the sum of $ being the first half of the installment paid by the property owner, be and hereby is refunded to the property owner, Olga Dielentheis , and the City Clerk-Treasurer is authorized and directed to issue the City' s check for said amount to the said Olga Dielentheis. FURTHER RESOLVED, that the portion of the assessment payable with the second half of the real estate taxes payable in 1984, shall be removed from the tax rolls, and the Clerk-Treasurer is hereby instructed to file a copy of this Resolution with the County of Washington. BY ORDER OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, this day of , 1984. Frank Sommerfeldt, Mayor ATTEST: La Vonne Wilson, Clerk-Treasurer -2- I - ' STATE OF MINNESOTA (, IN DISTRICT COURT 4V615U COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. 53887 Olga A. Dielentheis, Appellant, vs. STIPULATION City of Oak Park Heights, Washington County, Minnesota, Respondent. WHEREAS, on October 24, 1983 , the City of Oak Park Heights duly adopted Resolution No. 83-10-42 adopting an amended assessment roll pertaining to the Anderson-Linquist sewer and water extension project, and WHEREAS, pursuant to said assessment proceedings, the property of the above-named Appellant, known as Parcel No. 50- I 60004-4330 located at 14087 North 60th Street and legally described as follows: The West 633 feet of the Northwest quarter of the Northwest quarter (NWi of NW}) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes, was assessed the following amount: water - $12,000 .00 sewer - $14 ,800 .00 and WHEREAS, said Appellant has duly appealed said assessments, and WHEREAS, the sanitary sewer improvement project as it affects Appellant' s property consisted of the extension of an existing 230-foot sanitary sewer main originally constructed in 1968 along the easterly 230 feet of the frontage of Appellant' s property, an assessment of $2 ,070 .00 for said 230-foot sewer pipe having been paid by Appellant in 1982, said extension of said pipe being a distance of 370 feet along the remaining frontage of said property and along the west side of Oakgreen Avenue fronting the west side of Appellant' s property a distance of approximately 300 feet, and WHEREAS, it is the position of Appellant that her property was not specifically benefited as a result of the extension of said sanitary sewer main, and that the previously existing 230-foot sanitary sewer main adequately provided sewer service to the entire parcel, and WHEREAS the City of Oak Park Heights has agreed to remove said sanitary sewer assessment in the amount of $14,800 .00 from the assessment rolls of the City with the understanding that in the event at any time in the future the Appellant or any future owner of said parcel or any part thereof desires to connect to said sanitary sewer line constructed as a part of said subject improvement project that said assessment in the amount of $14,800. 00 shall be paid in full prior to said future connection being permitted, and - 2 - WHEREAS, the Appellant has agreed to dismiss its pending appeal of said sanitary sewer assessment with the understanding that the subject parcel shall not be permitted to connect to said sanitary sewer line extended and constructed as a part of the subject improvement unless the pending assessment of $14,800 .00 is paid in full prior to said connection, and WHEREAS, both parties hereby agree that future connection to the previously existing sanitary sewer line along the easterly 230 feet of the frontage of said parcel shall be permitted at no additional cost other than the payment of connection charges normally imposed by the City for such connection, and WHEREAS, the Appellant has agreed to dismiss its appeal of the water assessment in the amount of $12,000 . 00 thereby allowing said assessment to be certified to the Washington County Auditor and paid in accordance with the terms and conditions of the assessment roll as originally adopted. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. That the City of Oak Park Heights hereby agrees to remove the sanitary sewer assessment in the amount of $14,800 .00 from the above-described property. 2. That in the event the Appellant or any future owner of the subject parcel or any part thereof desires to connect to any part of the sanitary sewer line constructed as a part of the subject improvement project at any location other than along the existing 230 feet of the easterly frontage of said parcel, that - 3 - prior to said connection being permitted, the Appellant shall pay to the City of Oak Park Heights the sum of $14,800 .00 , said sum constituting the agreed upon benefit said parcel would receive as a result of being permitted to connect to said sanitary sewer main,. 3. That the City of Oak Park Heights shall permit future connection to the previously constructed sanitary sewer line located along the easterly 230 feet of the frontage of the subject parcel with no additional assessment being imposed to said parcel provided that the Appellant, or any future owners of said parcel shall pay such connection charges as normally imposed by the City for such connection. 4. That the Appellant shall dismiss the pending appeals for both the sanitary sewer and water improvements and shall pay the water improvement assessment according to the terms and conditions of the assessment roll as originally adopted. 5. That this Stipulation shall be filed with the Clerk of District Court and a certified copy of said Stipulation shall be filed in the office of the Washington County Recorder and shall run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. ���.5/3 f/84 7' Q• '`ate Olga 0A. Dielentheis, Appellant ffr/{/iCIA,g PP 5/29/84 William R. Busch Attorney for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612) 222-0781 - 4 - CITY OF OAK PARK HEIGHTS By9 j / A/7/84 Mayor if .� JJ 84�.� . .."� 4 C erk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING B —)/re,- 4„,,, , 6/6'784 Jambs P. Lammers Attorneys for Respondent 126 South Second Street P. 0. Box C Stillwater, MN 55082 (612 ) 439-2878 THIS INSTRUMENT DRAFTED BY: James F. Lammers ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 South Second Street P. 0. Box C Stillwater, MN 55082 - 5 L RESOLUTION NO. WHEREAS, the City of Oak Park Heights installed a sewer line to serve Parcel No. 50-60004-4330, located at 14087 North 60th Street and legally described as follows, to-wit: The West 633 feet of the Northwest Quarter of the Northwest Quarter (NWT of NWT ) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes; and WHEREAS, said above-described parcel was duly assessed the sum of $14,800. 00, and the first installment thereof was certified to the County Auditor of Washington County to be collected with the real estate taxes payable in 1984; and WHEREAS, the owner of said parcel paid the first half of said installment payable in 1984 in the amount of $ and WHEREAS, pursuant to Stipulation entered into by the property owner, Olga A. Dielentheis, and the City of Oak Park Heights, a copy of which is attached hereto and made a part hereof by reference, said assessment was removed with the understanding that in the event of any future connections to said sanitary sewer line, said assessment would be due and payable. NOW, THEREFORE, BE IT RESOLVED that the sum of $ being the first half of the installment paid by the property owner, be and hereby is refunded to the property owner, Olga Dielentheis, and • the City Clerk-Treasurer is authorized and directed to issue the City' s check for said amount to the said Olga Dielentheis. FURTHER RESOLVED, that the portion of the assessment payable with the second half of the real estate taxes payable in 1984, shall be removed from the tax rolls, and the Clerk-Treasurer is hereby instructed to file a copy of this Resolution with the County of Washington. BY ORDER OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, this day of , 1984. Frank Sommerfeldt, Mayor ATTEST: La Vonne Wilson, Clerk-Treasurer -2- STATE OF MINNESOTA IN DISTRICT COURT 466150 COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. 53887 Olga A. Dielentheis, Appellant, vs. STIPULATION City of Oak Park Heights, Washington County, Minnesota, Respondent. WHEREAS, on October 24 , 1983 , the City of Oak Park Heights duly adopted Resolution No. 83-10-42 adopting an amended assessment roll pertaining to the Anderson-Linquist sewer and water extension project, and WHEREAS, pursuant to said assessment proceedings, the property of the above-named Appellant, known as Parcel No. 50- 60004-4330 located at 14087 North 60th Street and legally described as follows: The West 633 feet of the Northwest quarter of the Northwest quarter (NWi of NWi) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes, was assessed the following amount: water - $12,000 .00 sewer - $14 ,800 .00 and WHEREAS, said Appellant has duly appealed said assessments, and WHEREAS, the sanitary sewer improvement project as it affects Appellant' s property consisted of the extension of an existing 230-foot sanitary sewer main originally constructed in 1968 along the easterly 230 feet of the frontage of Appellant' s property, an assessment of $2 ,070 .00 for said 230-foot sewer pipe having been paid by Appellant in 1982, said extension of said pipe being a distance of 370 feet along the remaining frontage of said property and along the west side of Oakgreen Avenue fronting the west side of Appellant' s property a distance of approximately 300 feet, and WHEREAS, it is the position of Appellant that her property was not specifically benefited as a result of the extension of said sanitary sewer main, and that the previously existing 230-foot sanitary sewer main adequately provided sewer service to the entire parcel, and WHEREAS the City of Oak Park Heights has agreed to remove said sanitary sewer assessment in the amount of $14,800. 00 from the assessment rolls of the City with the understanding that in the event at any time in the future the Appellant or any future owner of said parcel or any part thereof desires to connect to said sanitary sewer line constructed as a part of said subject improvement project that said assessment in the amount of $14,800.00 shall be paid in full prior to said future connection being permitted, and - 2 - WHEREAS, the Appellant has agreed to dismiss its pending appeal of said sanitary sewer assessment with the understanding that the subject parcel shall not be permitted to connect to said sanitary sewer line extended and constructed as a part of the subject improvement unless the pending assessment of $14,800 .00 is paid in full prior to said connection, and WHEREAS, both parties hereby agree that future connection to the previously existing sanitary sewer line along the easterly 230 feet of the frontage of said parcel shall be permitted at no additional cost other than the payment of connection charges normally imposed by the City for such connection, and WHEREAS, the Appellant has agreed to dismiss its appeal of the water assessment in the amount of $12,000 .00 thereby allowing said assessment to be certified to the Washington County Auditor and paid in accordance with the terms and conditions of the assessment roll as originally adopted. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. That the City of Oak Park Heights hereby agrees to remove the sanitary sewer assessment in the amount of $14,800 .00 from the above-described property. 2. That in the event the Appellant or any future owner of the subject parcel or any part thereof desires to connect to any part of the sanitary sewer line constructed as a part of the subject improvement project at any location other than along the existing 230 feet of the easterly frontage of said parcel, that - 3 - prior to said connection being permitted, the Appellant shall pay • to the City of Oak Park Heights the sum of $14,800 .00 , said sum constituting the agreed upon benefit said parcel would receive as a result of being permitted to connect to said sanitary sewer main,. 3. That the City of Oak Park Heights shall permit future connection to the previously constructed sanitary sewer line located along the easterly 230 feet of the frontage of the subject parcel with no additional assessment being imposed to said parcel provided that the Appellant, or any future owners of said parcel shall pay such connection charges as normally imposed by the City for such connection. 4. That the Appellant shall dismiss the pending appeals for both the sanitary sewer and water improvements and shall pay the water improvement assessment according to the terms and conditions of the assessment roll as originally adopted. 5. That this Stipulation shall be filed with the Clerk of District Court and a certified copy of said Stipulation shall be filed in the office of the Washington County Recorder and shall run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. x () 4 Q �Lx /3//84 O1 g a A. Dielentheis, Appellant 5/29/84 William R. Busch Attorney for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612) 222-0781 - 4 - CITY OF OAK PARK HEIGHTS By 9,1 l / /84 Mayor • a.ir _ - 84 C erk • ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING • B n ti-_ i ` '?< /�►-,- 645/84 3'ames F. Lammers Attorneys for Respondent 126 South Second Street P. O. Box C Stillwater, MN 55082 (612) 439-2878 THIS INSTRUMENT DRAFTED BY : James F. Lammers ECKBERG, LAMMERS , BRIGGS , WOLFF & VIERLING 126 South Second Street P. 0. Box C Stillwater, MN 55082 - 5 - STATE OF MINNESOTA „��t-o IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. 53887 Olga A. Dielentheis, Appellant, vs. STIPULATION City of Oak Park Heights, Washington County, Minnesota, Respondent. WHEREAS, on October 24, 1983, the City of Oak Park Heights duly adopted Resolution No. 83-10-42 adopting an amended assessment roll pertaining to the Anderson-Linquist sewer and water extension project, and WHEREAS, pursuant to said assessment proceedings, the property of the above-named Appellant, known as Parcel No. 50- 60004-4330 located at 14087 North 60th Street and legally described as follows: The West 633 feet of the Northwest quarter of the Northwest quarter (NWi of NWi) of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, according to the United States Government Survey thereof, excepting the South 550 feet thereof and the portion thereof taken for highway purposes, was assessed the following amount: water - $12,000. 00 sewer - $14 ,800 .00 and WHEREAS, said Appellant has duly appealed said assessments, and WHEREAS, the sanitary sewer improvement project as it affects Appellant' s property consisted of the extension of an existing 230-foot sanitary sewer main originally constructed in 1968 along the easterly 230 feet of the frontage of Appellant' s property, an assessment of $2 ,070 .00 for said 230-foot sewer pipe having been paid by Appellant in 1982, said extension of said pipe being a distance of 370 feet along the remaining frontage of said property and along the west side of Oakgreen Avenue fronting the west side of Appellant' s property a distance of approximately 300 feet, and WHEREAS, it is the position of Appellant that her property was not specifically benefited as a result of the extension of said sanitary sewer main, and that the previously existing 230-foot sanitary sewer main adequately provided sewer service to the entire parcel, and WHEREAS the City of Oak Park Heights has agreed to remove said sanitary sewer assessment in the amount of $14,800 .00 from the assessment rolls of the City with the understanding that in the event at any time in the future the Appellant or any future owner of said parcel or any part thereof desires to connect to said sanitary sewer line constructed as a part of said subject improvement project that said assessment in the amount of $14,800.00 shall be paid in full prior to said future connection being permitted, and - 2 - WHEREAS, the Appellant has agreed to dismiss its pending appeal of said sanitary sewer assessment with the understanding that the subject parcel shall not be permitted to connect to said sanitary sewer line extended and constructed as a part of the subject improvement unless the pending assessment of $14,800 .00 is paid in full prior to said connection, and WHEREAS, both parties hereby agree that future connection to the previously existing sanitary sewer line along the easterly 230 feet of the frontage of said parcel shall be permitted at no additional cost other than the payment of connection charges normally imposed by the City for such connection, and WHEREAS, the Appellant has agreed to dismiss its appeal of the water assessment in the amount of $12,000 . 00 thereby allowing said assessment to be certified to the Washington County Auditor and paid in accordance with the terms and conditions of the assessment roll as originally adopted. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. That the City of Oak Park Heights hereby agrees to remove the sanitary sewer assessment in the amount of $14,800 .00 from the above-described property. 2. That in the event the Appellant or any future owner of the subject parcel or any part thereof desires to connect to any part of the sanitary sewer line constructed as a part of the subject improvement project at any location other than along the existing 230 feet of the easterly frontage of said parcel , that - 3 - prior to said connection being permitted, the Appellant shall pay to the City of Oak Park Heights the sum of $14,800 .00 , said sum constituting the agreed upon benefit said parcel would receive as a result of being permitted to connect to said sanitary sewer main,. 3 . That the City of Oak Park Heights shall permit future connection to the previously constructed sanitary sewer line located along the easterly 230 feet of the frontage of the subject parcel with no additional assessment being imposed to said any provided that the Appellant, o r a y future owners of said es as normally imposed by such connection charges shall pay g the City for such connection. 4. That the Appellant shall dismiss the pending appeals for both the sanitary sewer and water improvements and shall pay the water improvement assessment according to the terms and conditions of the assessment roll as originally adopted. 5. That this Stipulation shall be filed with the Clerk of District Court and a certified copy of said Stipulation shall be filed in the office of the Washington County Recorder and shall run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. x (: 4 g- Z il /3//84 Dielentheis, Appellant g 5/29/84 William R. Busch Attorney for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612) 222-0781 - 4 - CITY OF OAK PARK HEIGHTS 9 ? - BY i � � T/84 Mayor C erk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 6/7/84 -James F. Lammers Attorneys for Respondent 126 South Second Street P. O. Box C Stillwater, MN 55082 (612) 439-2878 THIS INSTRUMENT DRAFTED BY: James F. Lammers ECKBERG, LAMMERS , BRIGGS, WOLFF & VIERLING 126 South Second Street P. O. Box C Stillwater, MN 55082 - 5 'IR LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 128 SOUTH SECOND STREET P. O. BOX C STILLWATER, MINNESOTA 55082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS November 19 , 1984 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Ms. LaVonne Wilson CITY OF OAK PARK HEIGHTS 14168 57th Street North Stillwater, MN 55082 In Re : David C. Linguist vs. City of Oak Park Heights Dear LaVonne: Enclosed please find a copy of the Judgment entered November 16 regarding the above--entitled matter. This matter is now concluded and I assume you have previously certified these assessments to the County Auditor. I recommend that you reconfirm that these assessments have been certified and will be levied. Should you have any questions regarding the above, please do not hesitate to give me a call . Very truly yours, J s F. . '•. ers JFL:jo Enclosure 4 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT David C. Linguist, Appellant, vs JUDGMENT City of Oak Park Hieghts, Washington County,Minnesota, File No. C5-83-153886 Respondent. The above-captioned matter came on before the Hon- orable J.E.Cass,Judge of District Court,pursuant to the August 30, 1984,Stipulation of the parties . Appellant was represented in this matter by Roy W. Holsten and Respondent was represented by James F. Lammers. Based upon the file, records,Stipulation and Mem- oranda of the parties, the Court made its Findings of Fact,Con- c lus ions of Law and Order for Judgment. Now, Therefore, Pursuant to said Findings of Fact. C one lus i ons of Law and Order for Judgment; IT IS HEREBY ADJUDGED, DETERMINED AND DECRIED: 1 , The special assessment levied by responden+djCity 4®cds7 of Oak Park Heights, against Appellant's parcel No. 2760 if affirmed JUDGMENT C5-83-153886 Page 2 pursuant to Minn. Stat.. 429.081 . 2. Ne ither party is awarded any attorney's fees or costs incurred in this proceeding. DATED: November 16, 1984 BY THE COURT William A Funari Clerk, of Court BYL/1 444T D4uty V r• CUR!. ,. .Y, /';,!Nt. By