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Home My WebLink AboutUntitled (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 office of the Washington County Recorder and shall filed in the o Y be g run with and be binding upon the subject parcel of property. Dated this 29th day of May , 1984. ( hc t /3//84 O1 g . Dielentheis, Appellant ffr/(/CL. 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 /?/84 Mayor j j5 _'. 84 C erk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING B �:_ i ` /`� ,.►- , . 6/6'/84 Zames 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 - 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 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. x ( 4 0. g.0,1/4,144/3/184. �t.�L ,144/3/184 Olga UA. Dielentheis, Appellant g 5/29/84 William R. Busch �1` Attorney for Appellant 803 Degree of Honor Building St. Paul, MN 55101 (612) 222-0781 - 4 - . CITY OF OAK PARK HEIGHTS BY it /84 Mayor _ ' �� / _ . 84 C erk ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING B �ti•_ mow.-..., . 6/6-/84 names F. Lammers Attorneys for Respondent 126 South Second Street P. O. Box C Stillwater, MN 55082 (612) 439-2878 THIS INSTRUMENT DRAFTED BY : s F. Lammers . James _ ECKBERG, LAMMERS, BRIGGS , WOLFF & VIERLING 126 South Second Street P. O. Box C Stillwater, MN 55082 - 5 - I LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET i 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 abovee: 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 . I Very truly yours, ):::?( Ja s F. ' . 1.. 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. Holaten 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, Conclusions of Law and Order for Judgment: IT IS HEREBY ADJUDGED, DETERMINED AND DECREED: 1. The special assessment levied by respondendpity of Oak Park Heights, against Appellant's parcel No. 2760 if affirmed R JUDGMENT C5-83-153886 * Page 2 pursuant to Minn. Stat. 429.081 , 2. Neither 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/ 4. Deputy i/ By y ■ I