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HomeMy WebLinkAboutUntitled EASEMENTS : In Re: the Matter of: The Petition for the Village of Oak Park Heights, Wash. Co. , MN for a 20 ft. permanent sanitary sewer easement and a 60 ft. temp. const. easement on certain lands owned by the City of Stillwater and located in the village of O.P.H. _ 10/17/68 Surface Water Drainage Easement and Agreement by and between Lawrence C. Larson and the Village of O.P.H. - 10/17/68 Sanitary Sewer and Water Easement and Agreement by and between James L. and Carol E. Wallace and the Village of U.P.H. - 8/16/68 Surface Water Drainage Easement and Agreement by and between Richard L. Newman and Arlene Jewman and the Village of O.P.H. - 9/24/68 Sanitary Outfall Sewer Easement and Agreement by and between NSP and the Village of 0.P.H. - 9/9/68 Resolution Approving and Accepting Surface Water Drainage Easement and Agreements. 2/24/81 Unused Storm Sewer Easement within Raymie Johnson Estates to be vacated. 3/13/81 Agreement between Jerome H. and Marianne I. Smith and the City of Oak Park Heights re: area of smith property to be used as a park. 3/26/81 Agreement between Thomas C. and Constance M. Nelson and the City of Oak Park Heights and property owned by the Nelson's (North of Property) and park matter. 11/81 Brekke Hts. 2nd Addition 2/12/81 Deed of Drainage Easement by and between Delmar E. and Dorris C. Freeman, William E. and Susan M. Gramenz and the City of Oak Park Heights. 11/24/82 Anderson - Lindquist water extension matter. 11/15/82 Temporary Easement and Agreement between Edward T. and Lvonne L. Johnston and the City of Oak Park Heights. 11/18/82 Temporary Easement and Agreement between David C. and Mabel L. Lindquist and the City of Oak Park Heights. 11/18/82 Temporary Easement and Agreement between David C. and Mabel L. Lindquist, Leighton W and Karen L. Johnson and the City of Oak Park Heights. 11/18/82 Junker Water/Sewer Extension Easement. 11/22/82 Zaczkowski water easement. 11/30/82 Public Utility Easement and Agreement between NSP and the City of O.P.H. 12/1/82 Temporary Easement and Agreement between William F. and Nancy J. Bibeau and the City of Oak Park Heights re: storm s ewer purposes. 12/23/82 Temporary Construction Easement - Grounds of Minnesota Correctional Facility, Bayport. 1/10/83 Temporary Easement and Agreement between Donald and Chaeryl L. Gladson and the City of Oak Park heights. 1/18/83 Temporary Easement between the State of MN and the City of OPH re: watermain and sewer line over, under and across a protion of land which is a part of the grounds of the MN Correctional Facility, Stillwater State Prison in Wash. Co. , MN. No Date Temporary Easement and Agreement between John D. and Cherlyn L. Koller and the City of Oak Park heights. 1/17/83 Public Utility Easement and Agreement between Earl W. and Marlene E. Harris, Richard S. and Kathleen A. Lang and the City of Oak Park Heights. 1/21/83 Temporary Easement and Agreement between Roy C. and Norma J. Baker and the City of Oak Park Heights. 1/24/83 Public Utility Easement and Agreement between Merle E. and Harriett A. Strohbehn and the City of Oak Park Heights. 3/3/83 Public Utility Easement and Agreement between Dora A. Koller and the City of Oak Park Heights. 3/7/83 Public Utility Easement and Agreement between Peter J. and Olga A. Dielentheis and the City of Oak Park heights. 3/16/83 Public Utility Easement and Agreement between Albert C. and Jean S. Beaudet and the City of Oak Park Heights. 4/11/84 Larson Drainage Easement • C 1_:), LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX (612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J. VIERLING GREGORY G. CALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D.OLSON October 2, 1995 MR KARL RANUM ATTORNEY AT LAW 104 NORTH MAIN STREET STILLWATER MN 55082 RE: City of Oak Park Heights, municipal corporation vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Mr. Ranum: Confirming the settlement that was reached on September 20, 1995, your client' s had submitted a proposal in lieu of compensation and payment for the acquisition of the temporary easement to be compensated in the alternative for landscaping project that they proposed in the amount of $1, 748 .11. The City Council approved that proposal subject to its offset for the payment that they had previously tendered to your offices on behalf of your client in the amount of $427. 80 issued by the City of Oak Park Heights check number 031326. Consequently, the remainder due and owing your client' s pursuant to parties agreement, is in the amount of $1, 320 .31. That check shall be made payable to your client' s and Abrahamson Nurseries and is now available at the offices of the City Administrator for the City of Oak Park Heights for your client' s to pick up. The temporary easement has already been signed and received by the City of Oak Park Heights from your clients and has been approved by the City Council and will be executed by the City in due course. Yours very truly, t5,/ Mark J. Vierling MJV/smp cc: Mr. Michael Robertson • C .p) LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439.2878 JAMES F. LAMMERS FAX(612)439.2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER SUSAN D.OLSON October 2, 1995 MR KARL RANUM ATTORNEY AT LAW 104 NORTH MAIN STREET STILLWATER MN 55082 RE: In the Matter of the City of Oak Park Heights vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Mr. Ranum: Enclosed herewith and served upon you by U. S. Mail please find Notice of Dismissal Without Prejudice in regards to the above- referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Michael Robertson Mr. Peter Thompson Mr. C.J. Kabis Mr. Michael E. Muske • • D CO LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D.OLSON October 2, 1995 WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: City of Oak Park Heights, municipal corporation vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Administrator: Enclosed herewith for filing please find Notice of Dismissal Without Prejudice together with an Affidavit of Service in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosures cc: Mr. Michael J. Robertson • Pit'0 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type : Condemnation Court File No. : C2-95-2428 City Oak Park Heights, a municipal . corporation, Petitioner, v. NOTICE OF DISMISSAL WITHOUT PREJUDICE Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF WASHINGTON, STATE OF MINNESOTA, FOR A TEMPORARY CONSTRUCTION EASEMENT, TO THE ABOVE-NAMED RESPONDENTS: TO: Allan A. Connel, Jr. and Geraldine Connel, husband and wife and their attorney, Karl Ranum, 104 North Main Street, Stillwater, MN 55082 NOTICE IS HEREBY GIVEN, that the above entitled matter having been settled and compromised pursuant to the agreement of the parties, that the Petitioner, City of Oak Park Heights, through their counsel, the undersigned attorneys, do hereby pursuant to Rule 41. 01, dismiss without prejudice the Petition in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights previously served upon Respondents, Allan A. Connel, Jr. and Geraldine Connel, husband and wife. Dated this 2nd day of October, 1995 . ECKBERG, • 1 -- -S, BRIGGS, WOLFF & VIE' ► I , P.L.L.P. Mark J. Vierlin• Atto - -ys for Peti ' .ner 1835 Northwestern Avenue li Stillwater, MN 55082 (612) 439-2878 Attorney I .D. 112823 10/19/95 11:26 ECKBERG LAW FIRM 4 OPH NO.954 P002 . III STATE OF MINNESOTA C J"`� IN DISTRICT COURT COUNTY OF WASHINGTON ��'/) TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court. File No. C2-95-2428 municipal corporation, Petitioner, REPORT OF COMMISSIONERS vs. IN THE MATTER OF TEE CONDEMNATION OF CERTAIN LANDS Allan A. Cannel, Jr. and IN TEE CITY OF OAK PARK WEIGHTS Geraldine d e Connel husband wife, and n Respondent. The undersigned, Michael E. Muske, Peter Thompson and C. J. Kabis, Commissioners duly appointed by the above Court to ascertain and report the amount of damage that will be sustained by the above-named owner of the land described in the Petition on file herein by reason of taking condemnation 5 tion of that certain parcel of land described as follows: SEE ATTACHED EXHIBIT A hereby report as follows : The parties notified the Commissioners )through counsel, that they had reached a settlement in this matter effective as of September 20, 1995 . Consequently, the parties settlement has ' terminated all further proceedings in this matter. The undersigned further report that they have spent the number of days shown below in the discharge of their duties as Commissioners, and ask as their fees the amounts hereinafter stated for the performance of said duties as Commissioners in accordance with the provisions of the Order by which they were appointed as 10/19/95 11:26 ECKBERf LAW FIRM --) OPH NO.954 P003 4 • follows : 1, (74 a i Michael E. Muske r ,`- . '- _k _ - - Fees at $ 150.00 per day for 3 days. $ 450.00 Peter Thompson Fees at $ 150.00 per day for 3 . days. $ 450.00 C. J. Kabis Fees at $ 150.00 per day for 5 days. $ 750.00 Dated: October 17,, 1995 _._ ` is-- - -. M -like Dated; 1O-/G-446-- `� �:, Peter Thompson Dated: October 18, 1995 07CV- C. J. Kabis • - COPY • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAULA.WOLFF MARK J.VIERLING copy GREGORY G. GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON September 18, 1995 MR MICHAEL E MUSKE (2 12 a n�7 LS 2 f� ERA MUSKE COMPANY l5 l5 V 840 WEST BROADWAY D 11 FOREST LAKE MN 55025 SEP 1 9 MR PETER THOMPSON THOMPSON PROPERTY INC 6888 65TH STREET SOUTH COTTAGE GROVE MN 55016 MR C J KABIS OMEGA MORTGAGE & FINANCIAL CORP 6120 OREN AVENUE NORTH STILLWATER MN 55082 RE: Court File No. C2-95-2428 City of Oak Park Heights v. Allan A. Connel, et al - - Gentlemen: Enclosed herewith please find a copy of the appraisal that has been completed for the City of Oak Park Heights by Appraisal Specialists out of Forest Lake. I understand that Mr. Ranum has not yet obtained his appraisal or is in the process of doing so, and I trust he will supply his appraisal to you in advance of the upcoming Commissioner' s Hearing on this matter in due course. Yours very truly, Mark J. Vierling MJV/smp cc : Mr. Michael Robertson • • 4111 L CC y AW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J. VIERLING GREGORY G.CALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON August 31, 1995 MR MICHAEL E MUSKE ERA MUSKE COMPANY 840 WEST BROADWAY FOREST LAKE MN 55025 MR PETER THOMPSON THOMPSON PROPERTY INC 6888 65TH STREET SOUTH COTTAGE GROVE MN 55016 MR C J KABIS OMEGA MORTGAGE & FINANCIAL CORP 6120 OREN AVENUE NORTH STILLWATER MN 55082 RE: Court File No. C2-95-2428 Gentlemen: After concluding calls from the Commissioners and to Mr. Ranum' s Office, I understand that the following dates are available for all parties as to scheduling of a viewing and a Commissioner' s Hearing. Those dates are as follows : a. Viewing, to take place on September 20, 1995 at 1: 00 o' clock p.m. b. Commissioner' s Hearing, to take place on September 27, 1995 at 9 :00 o' clock a.m. at the Oak Park Heights Municipal Building, 14168 57th Street North, Oak Park Heights, MN. You may wish to take note that this particular action is also subject to the Quick Take provisions and as much as the City has already tendered full payment to Mr. Connel for the temporary easement as has been appraised. • • MR MICHAEL E MUSKE MR PETER THOMPSON MR C J KABIS Page Two August 31, 1995 Consequently, City crews will be entering on the property immediately after Labor Day to implement the improvements related to this particular taking and, of course, restore the property thereafter as with all temporary construction easements. For that purpose, I have asked the engineering staff to complete photographs of the property before they enter so that the Commissioners will have the opportunity to be aware of the prior condition of the property before the improvements were rendered. Further, I understand the Commissioners may request that the parties submit their written appraisals to the Commissioners individually or collectively prior to the time of the hearing on the 27th. We are more than willing to do so and have our appraisal completed and prepared for distribution, but I would ask that Mr. Ranum confirm his agreement that the appraisals be so distributed prior to the hearing and advise me as to the availability of his appraisal so that that distribution can be coordinated. Thank you for your cooperation in this matter. Yours very truly, G) 1 Mark J. Vierling MJV/smp cc: Mr. Michael Robertson ✓ Mr. Karl Ranum b.p.s . Mike: Please make sure that you reserve the City Council Chambers for this use on the 27th of September, 1995 at 9 : 00 o' clock a.m. • , v LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (6121 439.2876 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON August 15, 1995 MR MICHAEL E MUSKE ERA MUSKE COMPANY 840 WEST BROADWAY FOREST LAKE MN 55025 MR PETER THOMPSON THOMPSON PROPERTY INC 6888 65TH STREET SOUTH COTTAGE GROVE MN 55016 MR C J KABIS OMEGA MORTGAGE & FINANCIAL CORP 6120 OREN AVENUE NORTH STILLWATER MN 55082 RE: Court File No. C2-95-2428 Scheduling Gentlemen: I am writing to each of you in an effort to facilitate scheduling hearings in this matter. I have also been in contact with opposing attorney, Mr. Karl Ranum representing Mr. and Mrs . Connel in this matter. It appears that the 14th of September is an acceptable date on those schedules which have been reviewed to date and I would ask that you each review your schedule and determine your availability as of September 14, 1995 . Affecting time for viewing of the property, I would propose that viewing occur either early in the morning on the 14th or in the afternoon hours of September 13 . Mr. Ranum' s schedule precludes him from being present in the morning hours of the 13th and I presume a late afternoon scheduled viewing of the property on the 13th may be acceptable . Nonetheless, would you all please . J . • MR MICHAEL E MUSKE MR PETER THOMPSON MR C J KABIS Page Two August 15, 1995 check your calendars and advise my office as to whether or not those times are available with your schedules. Yours very truly, Mark J. Vierling MJV/smp cc: Mr. Michael Robertson Mr. Karl Ranum III 410 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PAUL A. WOLFF GREG J.YIGRLING I7 © r7 (VIE GREGORY G. GALLER � IL.�7 if.�7 KEVIN K. SHOEBERG THOMAS J.WEIDNER I 6 SUSAN D. OLSON August 15, 1995 I. 1.0 MR MICHAEL J ROBERTSON CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE : City of Oak Park Heights vs . Allan Connel, et al Court File No. C2-95-2428 Dear Mike : Enclosed herewith please for your information and files please find the Oaths of Commissioners signed and entered with the Court on August 9, 1995 and August 11, 1995 in regards to the above matter. If you have any questions or concerns r •ardip4 this, please feel free to contact me directly. Yours very trul, , 'E,..., ‹ :-______e Mark J. ' ierling MJV/smp Enclosure STATE OF MINNESOTA III DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT C.) 34- Ur-cutii PETITIONER, OATH OF COMMISSIONERS vs. IN THE MATTER OF THE CONDEMNATION OF � CERTAIN LANDS IN /'� THE COUNTY OF WASHINGTON �-f ClY72111 9s a-y (ZW; FILE N0. �i " RESPONDENTS. 1314 J F WASHir aTON COUidrr F y,t.,.F.oCT COI;RT STATE OF MINNESOTA ) 3 AUG 9 - 1995 L COUNTY OF WASHINGTON ) ss. Imo(/t//`. 3. .r„�ir f each for himself does swear under penalty of perjury as follows : I will faithfully and justly perform to the best of my ability, all the duties of the office and trust which I now assume as commissioner in the above entitled proceeding. I further swear that, except as disclosed i.�. writing or on the record, I have no interest in any of the lands in the above proceeding or any present or past relationship , business or personal, with any of the parties to the above proceeding or any other actual or potential conflict of interest, and that I will render fair and impartial decisions , so help me God. ......•---7:7:. ?"--7 Subscribe and sworn to before me th' day of 19pf. N a Public or Deputy 110 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. : C2-95-2428 City of Oak Park Heights, a municipal corporation, OATH OF COMMISSIONERS Petitioner, IN THE MATTER OF THE CONDEMNATION OF CERTAIN v. LANDS IN THE CITY OF OAK PARK HEIGHTS Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Fief, F WASHINGTON COUNTY F Respondent . , DISTRICT COURT ' I AUG 1 11995 L STATE OF MINNESOTA ) E MARE Ong E : s s . COURT ACMIN TRATOR COUNTY OF WASHINGTON) sv, chow v " PETER THOMPSON, does swear under penalty of perjury as follows : I will faithfully and justly perform to the best of my ability, all of the duties of the office and trust which I now assume as Commissioner in the above-entitled proceeding. I further swear that, except as disclosed in writing or on the record, I have no interest in any of the lands in the above proceeding or any present or past relationship, business or personal, with any of the parties to the above proceeding or any other actual or potential conflict of interest, and that I will render fair and impartial decisions, so help me God. r- 1 PETER THOMPSON Subscribed and swor to before me this /7 day of , 1995 . ,0 Public STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type : Condemnation Court File No. : C2-95-2428 City of Oak Park Heights, a municipal corporation, OATH OF COMMISSIONERS Petitioner, IN THE MATTER OF THE CONDEMNATION OF CERTAIN v. LANDS IN THE CITY OF OAK PARK HEIGHTS Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondent. HON, F WASHINGTON COUNTY DISTRICT COURT STATE OF MINNESOTA ) L AUG 1 11995 1 : ss . COUNTY OF WASHINGTON) MAfilt SUNUTIS COURT ADMINISTRATOR C. J. KABIS, does swear under penalty of perjury as follows : I will faithfully and justly perform to the best of my ability, all of the duties of the office and trust which I now assume as Commissioner in the above-entitled proceeding. I further swear that, except as disclosed in writing or on the record, I have no interest in any of the lands in the above proceeding or any present or past relationship, business or personal, with any of the parties to the above proceeding or any other actual or potential conflict of interest, and that I will render fair and impartial decisions, so help me God. AOIP.P C. J. KABIS Subscribed and sworn to before me this // day of "74c.670-17 , 1995 . � . ;y r • II) f STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type : Condemnation Court File No. : C2-95-2428 City Oak Park Heights, a municipal corporation, Petitioner, v. NOTICE OF ENTRY AND FILING Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF WASHINGTON, STATE OF MINNESOTA, FOR A TEMPORARY CONSTRUCTION EASEMENT, TO THE ABOVE-NAMED RESPONDENTS: TO: Allan A. Connel, Jr. and Geraldine Connel, husband and wife and their attorney, Karl Ranum, 104 North Main Street, Stillwater, MN 55082 PLEASE TARE NOTICE that on the 7th day of July, 1995, the annexed Findings of Fact, Conclusions of Law and Order Appointing Commissioners issued by the Honorable J. E. Cass, Judge of District Court, with regard to the above-referenced matter, was duly entered and filed on July 10, 1995 in the office of the Court Administrator, Washington County, Minnesota. Dated this 12th day of July, 1995 . ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING /s/ Mark J. Vierlinq Mark J. Vierling Attorneys for Plaintiff 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney I .D. 112823 • n • • F WASIHINGTON COUNTY DISTRICT COURT STATE OF MINNESOTA CL JUL 101995 L DISTRICT COURT COUNTY OF WASHINGTON E MAME SUNLIT IS E TENTH JUDICIAL DISTRICT D COOT TOR Case Type: Condemnation a� -��_Art File No. : C2-95-2428 City Oak Park Heights, a municipal corporation, FINDINGS OF FACT, CONCLUSIONS Petitioner, OF LAW, AND ORDER APPOINTING COMMISSIONERS v. Allan A. Cannel, Jr. and Geraldine Cannel, husband and wife, Respondents . IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESATE IN THE COUNTY OF WASHINGTON, STATE OF MINNESOTA, FOR A TEMPORARY CONSTRUCTION EASEMENT, TO THE ABOVE-NAMED RESPONDENTS : The above-entitled matter came on for hearing before the undersigned Judge of the above-named Court on the 7th day of July, 1995 , at the Washington County Government Center in the City of Stillwater, on the Petition of the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota, for an Order of this Court adjudging that the proposed taking by condemnation of that certain parcel of land in the City of Oak Park Heights, Washington County, Minnesota, described as follows : SEE ATTACHED for temporary construction easement purposes, is a public use, is authorized by law and is necessary; appointing Commissioners to appraise the damages occasioned by such proposed taking, fixing the time and place of the first meeting of Commissioners and providing for said Commissioners' compensation. • . Mark J. Vierling, of Eckberg, Lammers, Briggs, Wolff & Vierling, P .L.L.P. , Stillwater, Minnesota, appeared as counsel on behalf of the Petitioner, City of Oak Park Heights . Karl Ranum appeared on behalf of the Respondents. Petitioner thereupon offered in evidence the Petition in the above-entitled proceedings, together with notices in the proceedings and proof of service of the notices, which Petition, Notices and proofs of service were received and admitted into evidence. Respondents stipulated through Counsel as to the necessity for the taking. The Court, having heard all competent evidence in support of the granting of the Petition and there being no evidence offered in opposition to the granting of the Petition, finds as follows : FINDINGS OF FACT I. That the notice of the object of the Petition and of the time and place of the hearing, as required by law, was duly served upon the Respondents herein, as appears more fully by the Affidavits of Service on file. II. That the Court has jurisdiction over the subject of the proceedings and of the land described in the Petition. III. That the City of Oak Park Heights is a municipal corporation created and existing under the laws of the State of Minnesota. 2 • • IV. That the proposed taking is necessary, is for public use and is authorized by law. The Court further finds as : CONCLUSIONS OF LAW That the proposed taking, insofar as this parcel is concerned, is necessary and as such is authorized by/ law. IT IS THEREFORE ORDERED, that (2 d ' �t�6/■/ Pe "777 SAS and /n. chile/ E 7)7u.r`It with /n- (-4 /9X' /e0 1 and (re va/1 /lc l//,.- Z/e as alternates in that order, each of whom is a disinterested person and resident of Washington County, Minnesota, are hereby appointed as Commissioners to ascertain and report the amount of damages that will be sustained by the respective owners of the parcel of land described in the Petition herein, on account of such taking. IT IS FURTHER ORDERED, that the first meeting of said Commissioners shall be heard in the offices of the Court Administrator of Washington County, in the County Government Center at Stillwater, Minnesota on the 1/ day of 414,e/Z/LIY- 19937 at 9:CY" o' clock on that date; that the compensation of each of said Commissioners shall be, and hereby is, fixed at the sum of ace /fv,..dre k"- iLj Dollars ($ /f7) . ) per day for each and every day served by him in the performance of his duties as a Commissioner, plus $ L' per mile for mileage. IT IS FURTHER ORDERED, that the estate acquired by Petitioner, its successors and assigns, in the parcel more 3 III • • particularly described in the Petition on file herein, shall be a temporary taking of said parcel of land as designated in the Petition for a temporary construction easement related to storm sewer construction purpo 74. ---Dated this day of li 1995 . ( :\--: Cjp-Th Jtaid District Court • 4 ! • LAW OFFICES OF O ECKSERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L. . y• 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (6(2) 439-2878 JAMES F. LAMMERS FAX (612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON June 19, 1995 THE HONORABLE J E CASS JUDGE OF DISTRICT COURT WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: City of Oak Park Heights vs . Allan A. Connel, et al Court File No. C2-95-2428 Dear Judge Cass : On May 25, 1995, you correspondence with this office advising that you required a status report of this case and/or suggestions for further proceedings to be provided to you not later than June 23 , 1995 . Since that time, the original pleadings in this matter have been filed along with the Informational Statement otherwise required under the rules and additionally, the matter has been scheduled before you for hearing on July 7, 1995 . We have also provided to the Respondent a copy of our Notice Of Intent to Take Possession of the property under Minn. Stat. §117 . 042 and have tendered payment therefore to them which they have received. I presume this supplies the Court with sufficient information as required in its original correspondence and that no further information is required at this time. Yours very truly, Mark J. Vierling MJV sm 1 P cc: Mr. Michael J. Robertson Mr. Karl Ranum 4111 • LAW OFFICES OF O o ECKBERG, AM G, L MERE, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX (612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON May 16, 1995 WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: City of Oak Park Heights, municipal corporation vs . Allan A. Connel, Jr. and Geraldine Connel, husband and wife Dear Administrator: Enclosed herewith for filing please find Petition in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights together with our firm check in the amount of $132 . 00 to cover the cost of the filing fee in this regard. Once you have assigned this matter, please notify our office so that we may obtain an initial hearing date. Thank you for your consideration and ' ' ere is anything further that you require, please feel fre= to •ontact my office . Yours v- t ly Ma k J. Vierling MJV/smp Enclosures cc: Mr. Michael J. Robertson ✓ • D LAW OFFICES OF O ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER /� }7 KEVIN K. SHOEBERG IE OWE E THOMAS J.WEIDNER D `\'((-J SUSAN D. OLSON June 6, 1995 JUN 7 MR KARL RANUM ATTORNEY AT LAW 104 NORTH MAIN STREET STILLWATER MN 55082 RE: In the Matter of the City of Oak Park Heights vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Mr. Ranum: Enclosed herewith and served upon you by U. S . Mail please find Petitioner' s Informational Statement Form in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc : Mr. Michael Robertson ;,// li g,:! ' t 1 or i + try., i IN+• I g 1 O + CO r +i I 'x •Q .-1 i .-r 47 07 1 I II I I i I I- I ii f {{ F- i i I- 1 i- 4 N a '1 i SSpjy. �yl 8 day. .8 (park. 6 CO IQ ri N� CwG V�M Ct�1 N i CC C.O C,a.11, M Nv `z . • U1 11 ii N C7 a O 6 p O L7 pp�� p .•+ ¢ � I O 04 p... 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CC it 4..: II C C••1 C a.. C C'. C Ci. C' N CO a. 18 N C-i Q + )< O i -.I I- I I C CC C� CX.\ C CC\ C' CC + I-- If) Cl Ca.....i Cl •t: +•-1 Ci I- -C: ,-< 11.1- I ,o •-■ Cut- I 'C •-t a.1- ...›V%.*. - • D LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA S5082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX(612)439.2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON June 6, 1995 WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: City of Oak Park Heights, municipal corporation vs . Allan A. Connel, Jr. and Geraldine Connel, husband and wife Dear Administrator: Enclosed herewith for filing please find Petitioner' s Informational Statement Form together with an Affidavit of Service in regards to the above-referenced matter. Yours very truly, rJ� Mark J. Vierling MJV/smp Enclosures / cc: Mr. Michael J. Robertson (/ • • STATE OF MINNESOTA DISTRICT COURT CIVIL DIVISION COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type Indicator: 02 Condemnation City of Oak Park Heights, a Court File No. C2-95-2428 municipal corporation, Petitioner, v. INFORMATIONAL STATEMENT FORM Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondent. 1. All parties have been served with process. 2 . All parties have not joined in the filing of this form. 3 . Brief description of the case: Eminent Domain - Temporary Construction Easement required for City Street Reconstruction Protect 4 . It is estimated that the discovery specified below can be completed within 1 months from the date of this form. (Check all that apply, and supply estimates where indicated. ) a) Interrogatories No X Yes b) Document Requests No X Yes , estimated number c) Factual Depositions No X Yes , estimated number d) Medical Evaluations No X Yes , estimated number e) Experts Subject to Discovery No Yes X , estimated number 1 S . Assignment 5 �. n ent as an X expedited standard complex case is g xP mP requested. (If not standard case assignment, include brief statement setting forth the reason for the request . ) 6 . The dates and deadlines specified below are suggested. a) 6/30/95 Deadline for joining additional parties, whether by amendment or third party practices. b) 6/30/95 Deadline for bringing non-dispositive motions. c) 6/30/95 Deadline for bringing dispositive motions. d) N/A Deadline for IsDecify issuel to the Court. e) N/A Deadline for completing independent physical examination pursuant to Minn. R. Civ. P. 35 . f) 6/30/95 Date for formal discovery conference pursuant to Minn. R. Civ. P. 26 . 06 g) * Date for pre-trial conference pursuant to Minn. R. Civ. P. 16 . h) N/A Date for scheduling conference. i) N/A Date for submission of a Joint Statement of the Case pursuant to Minn. Gen. R. Prac. 112 . j ) N/A Trial date. k) N/A Deadline for filing (proposed instructions) , (verdicts) , (findings of fact) , (witness list) , (exhibit list) . 1) N/A Deadline for [specifv] * To follow Commissioners Hearing 7 . Estimated trial time: 0 day(s) hour(s) (estimates less than a day must be stated in hours) . 8 . A jury trial is : N/A** waived by consent of [specify party] pursuant to R. Civ. P. 38 . 02 . requested by [specify party] . (Note: Applicable fee must be enclosed. ) ** To be determined following Commissioners Report. 9 . Alternative dispute resolution is not recommended, in the form of (specify e .g. , arbitration, mediation) . 10 . Please li- - any -dditional information which might be helpful to the court wh- sc - •uling this matter. None Signe• • Signed:g (not signed herein) ��; .�— Mark J. Vierling Karl M. Ranum At t\orney for Petitioner Attorney for Respondents Attorney Reg. #: 112823 Attorney Reg. #: 190317 Firm:Eckberg, Lammers, Briggs, Firm:Ranum Law Office, P.A. Wolff & Vierling, P.L.L. P. Address: 1835 Northwestern Avenue Address :104 North Main Street Stillwater, MN 55082 Stillwater, MN 55082 Telephone: (612) 439-2878 Telephone: (612) 439-4143 Date : Date: • e LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PA UL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON June 7, 1995 MR KARL RANUM ATTORNEY AT LAW 104 NORTH MAIN STREET STILLWATER MN 55082 RE: City of Oak Park Heights, municipal corporation vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Mr. Ranum: Pursuant to our discussions of June 7, 1995, and also pursuant to Minn. Stat . §117.042, I am herewith tendering to you on behalf of your client, a check from the City of Oak Park Heights in the • amount of $427 . 80 representing our estimate of the fair market value of the Temporary Construction Easement that we are about to acquire from your client. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc . Mr. Michael Robertson ✓ • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON May 25, 1995 CERTIFIED MAIL - R.R.R. MR ALLAN A CONNEL JR 14337 60TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: In the Matter of the City of Oak Park Heights vs . Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Mr. Connel: Enclosed herewith and served upon you by U. S. Mail please find Notice in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights, Petition in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights, Notice of Intent to Take Possession of Certain Lands in the City of Oak Park Heights, Proposed Commissioner Nominees and Notice of Lis Pendens in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp enclosures cc: Mr. Michael Robertson Mr. Karl Ranum • • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON May 25, 1995 CERTIFIED MAIL - R.R.R. MS GERALDINE CONNEL 14337 60TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: In the Matter of the City of Oak Park Heights vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Ms. Cannel : Enclosed herewith and served upon you by U. S. Mail please find Notice in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights, Petition in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights, Notice of Intent to Take Possession of Certain Lands in the City of Oak Park Heights, Proposed Commissioner Nominees List and Notice of Lis Pendens in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp enclosures cc: Mr. Michael Robertson Mr. Karl Ranum • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX (612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIQNER SUSAN 0. OLSON May 25, 1995 WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: In the Matter of the City of Oak Park Heights vs . Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Administrator: Enclosed herewith for filing please find Notice in the Matter of the Condemnation of Certain Lands in the City of Oak Park Heights, Notice of Intent to Take Possession of Certain Lands in the City of Oak Park Heights and Proposed Commissioner Nominees together with our Affidavit of Service in regards to the above- referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosures cc: Mr. Michael Robertson V ! 111 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF Sc VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PAUL A,WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN 0.OLSON May 25, 1995 WASHINGTON COUNTY RECORDER WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: In the Matter of the City of Oak Park Heights vs. Allan A. Connel, Jr. and Geraldine Connel, husband and wife Court File No. C2-95-2428 Dear Madam: Enclosed herewith for recording please find Notice of Lis Pendens together with our firm check in the amount of $19 .50 to • cover the cost of the recording fee in this regard. If there is anything additional that is required, please feel free to contact my office. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Michael Robertson t� • • STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court File No. C2-95-2428 municipal corporation, Petitioner, NOTICE IN THE MATTER OF THE CONDEMNATION OF CERTAIN vs . LANDS IN THE CITY OF OAK Allan A. Connel, Jr. and PARK HEIGHTS Geraldine Connel, husband and wife, Respondent. TO: Allan A. Connel, Jr. and Geraldine Connel, husband and wife, 14337 60th Street North, Oak Park Heights, MN 55082 You are hereby notified that on the 7th day of July, 1995, at 9 :00 o' clock a.m. , or as soon thereafter as Counsel can be heard in the Washington County Government Center in Stillwater, Minnesota, Petitioner will present to the District Court, Tenth Judicial District, a Petition, a copy of which is served herewith for the condemnation of certain lands to be used for Temporary Construction Easement for the 1995 Street Reconstruction Project. The object of said Petition is to acquire temporary construction easements of the land described as follows: SEE ATTACHED EXHIBIT A Also Petitioner will ask the Court to appoint Commissioners to ascertain and report the amount of damage that will be sustained by the Respondent land owner and encumbrances on account of such taking. FURTHER NOTICE IS HEREBY GIVEN, that upon the appointment of the Commissioners as aforesaid, the ninety (90) days after receipt 411 • hereof, Petitioner, pursuant to the provisions of Minnesota Statutes §117 . 042 will take possession of such lands at the earliest time authorized by law. The lands and rights proposed to be so taken are situated in the City of Oak Park Heights, County of Washington, Minnesota, are described and the names of all persons appearing on record known to Petitioner to be the owner of said lands or having any rights or interest therein, including all whom your Petitioner has been able to discover by inquiry or investigation, together with the nature of ownership of each as nearly as can be ascertained, are set forth as follows : Allan A. Connel, Jr. Geraldine Connel Dated this day of /144-7 , 1995 . ECKBERG, LAMM•- 'S, BRI a S, WOLFF & VIERLIN , P.L. . irk J Vierlin. - Attorn: s for Petitioner City o Oak Park Heights 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney I .D. 112823 411 110 EXHIBIT A A temporary construction easement over and across the north 47 feet of the following described property: All that part of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29, Range 20, Washington County, Minnesota, described as follows; Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 4 and running; thence east on the north line of said Section 4 for a distance of 332 feet to the place of beginning; thence south on a line parallel to the west line of the Northeast Quarter of the Northwest Quarter of said Section 4 to the south line of the Northeast Quarter of the Northwest Quarter of said Section 4; thence east on said south line a distance of 210 feet; thence north on a line parallel with the west line of the Northeast Quarter of the Northwest Quarter of said Section 4, to the north line of said Section 4; thence west on the north line of said Section 4, a distance of 210 feet to the place of beginning. Subject to roads. ' j • i STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court File No. C2-95-2428 municipal corporation, Petitioner, NOTICE OF INTENT TO TAKE vs. POSSESSION OF CERTAIN LANDS IN THE CITY OF OAK PARK HEIGHTS Allan A. Connel, Jr. and FOR IMPLEMENTING CONSTRUCTION Geraldine Connel, husband and wife, EASEMENT PURPOSES Respondent . TO: Allan A. Connel, Jr. and Geraldine Cannel, husband and wife, 14337 60th Street North, Oak Park Heights, MN 55082 PLEASE TAKE NOTICE: Minnesota Statutes 117 . 042 as amended provides as follows : "Whenever the petitioner shall require title and possession of all or part of the owner' s property prior to the filing of an award by the court-appointed commissioners, the petitioner shall, at least ninety (90) days prior to the date on which the possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner' s approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court . If it is deemed necessary to deposit the above amount with the court, the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possession after filing of the award by the court-appointed commissioners as follows : a. If appeal is waived by the parties upon payment of the award; b. If appeal is not waived by the parties upon payment or deposit of three-fourths (3/4) of the award. The amount deposited shall be deposited by the clerk of court in an interest-bearing account no later than the business day next following the day on which the amount was deposited with the court . All interest credited to the amount ' • i deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited. Nothing in this Section shall limit rights granted in Sections 117 . 155 . " In accordance with the Statute just quoted, the City of Oak Park Heights, the Petitioner herein, hereby gives notice that it intends to take title and possession of the real estate described in Exhibit "A" attached hereto, effective ninety (90) days after the date of the service of this Notice. If good and marketable title to the said real estate is presented to the City of Oak Park Heights by the owners of said real estate prior to the intended date of possession, then the City of Oak Park Heights' s approved appraisal of value will be paid by the City of Oak Park Height directly to the owners of the parcel. On the 7th day of July, 1995, at 9 :00 o' clock a.m. , or as soon thereafter as counsel can be heard in the Washington County Government Center in Stillwater, Minnesota, Petitioner will bring before the Court a motion asking for an order permitting the City of Oak Park Heights to pay the owner of said parcel, or to deposit the City of Oak Park Heights' approved appraised amount into Court, thereby transferring title and right to possession of said real estate to the Petitioner effective ninety (90) days after the date of the service of this Notice. Neither payment to the owner as aforesaid, nor deposit into the Court as aforesaid, pursuant to Minnesota Statutes 117. 042 as amended, shall prejudice or affect the right of the owner to contend for further payment in these proceedings. 2 • • Dated this / day of //),/40.7 , 1995 . ECKBERG LAMMERS, = 'IGGS, WOL" & VIE' - G, P.L.L.P. B Ma k J. Vi-r ing Att• - -y for Petitioner 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 3 • • EXHIBIT A A temporary construction easement over and across the north 47 feet of the following described property: All that part of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29, Range 20, Washington County, Minnesota, described as follows; Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 4 and running; thence east on the north line of said Section 4 for a distance of 332 feet to the place of beginning; thence south on a line parallel to the west line of the Northeast Quarter of the Northwest Quarter of said Section 4 to the south line of the Northeast Quarter of the Northwest Quarter of said Section 4; thence east on said south line a distance of 210 feet; thence north on a line parallel with the west line of the Northeast Quarter of the Northwest Quarter of said Section 4, to the north line of said Section 4; thence west on the north line of said Section 4, a distance of 210 feet to the place of beginning. Subject to roads. • STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court File No. C2-95-2428 municipal corporation, Petitioner, PROPOSED vs . COMMISSIONER NOMINEES Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondent . IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF WASHINGTON, STATE OF MINNESOTA FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT. TO: DISTRICT COURT above-named, Washington County Government Center, 14900 61st Street North, Stillwater, MN 55082; and RESPONDENTS above-named, The Respondents above-named, through the undersigned, their attorney, respectfully nominate for appointment as Commissioners to ascertain and report the amount of damages that will be sustained by them as a result of the taking by Petitioner above-named, the following competent and disinterested residents of Washington County, to-wit : Nominee Address M. W. Axelrod Axelrod Realty Company 900 3rd Street St. Paul Park, MN 55071 Michael E. Muske ERA Muske Company 840 West Broadway Forest Lake, MN 55025 Gerald McKinzie McKinzie metro Appraisals 2175 3rd Street, Suite 200 White Bear Lake, MN 55110 Peter Thompson Thompson Property, Inc . 6888 65th Street South Cottage Grove, MN 55016 C. J. Kabis Omega Mortgage & Financial Corp. 1675 South Greeley Street Stillwater, MN 55082 The undersigned, on behalf of said Respondents, represent to the Court that they have no relationship, business or otherwise, to any of the nominees above-named and know of no interest in these pending proceedings which may constitute a conflict of interest or which may create the appearance of impropriety should any of the above nominees be appointed. Dated this ? day of , 199 ECKBERG, 1 ERS, BRI► S, WOLFF VIERLING • .L.L.P. By 41.r11111111". Mar . J. Vierlin- Att•rney I .D. #112823 Atto fey for Petitioner 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 • o STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court File No. C2-95-2428 municipal corporation, Petitioner, vs. NOTICE OF LIS PENDENS Allan A. Connel, Jr. and Geraldine Connel, husband and wife, Respondent. NOTICE IS HEREBY GIVEN, that an action has been commenced in the above-named Court against the Respondents in the action above described, said Respondents being the owners of certain lands in said City of Oak Park Heights described as follows: • SEE ATTACHED The purpose of said action is for the condemnation of said lands for Temporary Construction Easement for 1995 Street Reconstruction Project; that the Petitioner is to take the access to the lands described herein and have exclusive control of the same, that upon appointment of the Commissioners stoners to ascertain and report the amount of damage that will be sustained by the respondents in the action above described, Petitioner will, at the earliest time authorized by law, take possession of the premises affected by this action, which premises are situated in the County of Washington, State of Minnesota, said lands being described as follows: SEE ATTACHED S o. . Dated this 02,5-7, day of It7I , 1995 . ECKBERG, LAMMERS :RIGGS, WOLFF & VIE-. NG, P.L.L.P. By Mark ' . Vierling Atto , eys for Petitioner 1835 hwestern Avenue Stillwater, MN 55082 (612) 439-2878 lip EXHIBIT A A temporary construction easement over and across the north 47 feet of the following described property: All that part of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29, Range 20, Washington County, Minnesota, described as follows; Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 4 and running; thence east on the north line of said Section 4 for a distance of 332 feet to the place of beginning; thence south on a line parallel to the west line of the Northeast Quarter of the Northwest Quarter of said Section 4 to the south line of the Northeast Quarter of the Northwest Quarter of said Section 4; thence east on said south line a distance of 210 feet; thence north on a line parallel with the west line of the Northeast Quarter of the Northwest Quarter of said Section 4, to the north line of said Section 4; thence west on the north line of said Section 4, a distance of 210 feet to the place of beginning. Subject to roads. sietCi'l a Description FOR: City of Oak Park Heights S ii BT 4TE HW 1 NO. 36 --North line of the NE 1/4/4 of the NW 1/4/4 _ _ _ NORTH , N 89°50'27" W ri.:1___ 332 _ ..-•N !� 210 ' - - - - - cn N o °� SMRV10E 1zZ04D _ N 89°46'05" E ---�" N� N, — 4/��� //r/ir ,),N I South right of way line _, of State Hwy. No. 36 per Albert's Addition. Temporary Construction Easement' i i \1 Iz rn O 60004-3450 z co z 0 i w �' 2 ALLAN A. CONNEL, JR. u4 I w ° w 0 0 0 1 CD AREA = 4,521± sq. ft. = 0.10± Ac. I m 0 h S fD Z T 210 – – - - S – – \55 ---- South fine of the NE 1/4 of the NW 1/4 of Sec. 4 • A temporary construction easement over and across the north 47 feet of the following described property. All that part of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29, Range 20, Washington County, Minnesota, described as follows; Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 4 and running; thence east on the north line of said Section 4 for a distance of 332 feet to the place of beginning; thence south on a line parallel to the west line of the Northeast Quarter of the Northwest Quarter of said Section 4 to the south line of the Northeast Quarter of the Northwest Quarter of said Section 4; thence east on said south line a distance of 210 feet; thence north on a line parallel with the west line of the Northeast Quarter of the Northwest Quarter of said Section 4, to the north line of said Section 4; thence west on the north line of said Section 4, a distance of 210 feet to the place of beginning. Subject to roads. • Said temporary construction easement to expire January 1, 1997 Scale: 1".--- 50' Drawn B : JKB Book 29 Pate 56 Disk: 1 ' Job No. 951168S / hereby certify that this plan, survey or report was E.G.RUD 4 SONS INC. �' y P y p prepared by me or under my direct supervision and that l am a duly Registered Land Surveyor under the laws LAND SURVEYORS of the State of Minnesota. Dated this 6 rte` day of,per.'/79 93. 9180 LEXINGTON AVE. NO. �` , License No. 9e9Od9 CIRCLE PINES, MINNESOTA 65014-3626 TEL. -186-5566 PAX X86-6001 R. 02 • Case X: APPRAISAL OF THE PROPERTY LOCATED AT 14337 60TH ST.NO. EASEMENT ONLY OAK PARK HEIGHTS, MN 55082 sk r X� Y k:} ' 1 t Xt} .4fl.! .41 sir S1>d .X:t i --Ii t - rft r k 4 a5 of ±s k I ? i _ APRIL 26 1995 • q b t s s s: �r ckY rgVg'P4qwoAq for s r k R L CITY OF OAK PARK HEIGHTS i_y y°r t 14168 North 57th Street r ! P.A. Box 2007 Oak Park Heights, MN 55062 t s-, SS"x Y> ! }s by f t APPRAISAL SPECIALISTS ily 44 :ik 7f 17653 Notre Dame St. N.E. Forest Lake, MN 55025 P. 03 • • APPRAISAL SPECIALISTS 17653 Notre Dame Street NE Forest Lake, MN 55025 (612) 982-0002 April 26, 1995 City of Oak Park Heights 14168 North 57th Street P.O. Box 2007 Oak Park Heights, MN 55082 Re: TEMPORARY CONSTRUCTION EASEMENT Property- 14337 60th Street North Oak Park Heights, MN 55082 Client- City of Oak Park Heights Dear Sir: In accordance with your request, I have personnally inspected and prepared an appraisal report for a TEMPORARY CONSTRUCTION EASMENT over the herein described area of land which is part of the property currently located at: 14337 60th Street North, Oak Park Heights, MN The purpose of this appraisal report is to estimate the present market value of that portion of land used as a temporary construction easement described in this report. Enclosed please find the appraisal report which describes certain data gathered during the investigation of the property. The methods of approach and reasoning in the valuation of the various physical and economic factors of the subject property are contained in this report. An inspection of the property and a study of pertinent factors, including valuation trends and an analysis of neighborhood data, led the appraiser to the conclusion that the market value, as of April 26, 1995 is: $2,852.00 The current compensation estimate for use of this temporary construction easement is' $427.80 The opinion of value expressed in this report is contingent upon the Limiting Conditions attached to this report. It has been a pleasure to assist you; if I may be of further assistance to you in the future, please feel free to contact our office. Respectfully submitted, APPRAISAL SPECIALISTS Thomas E. Hefty Minnesota Appraiser#4002821 P. ID 4 e w: TEMPORARY EASEMENT ONLY Pro•ere Deecrl•tlon UN) M RESIDENTIAL APPRAISAL REP File No. ,15 -95 PropertyAddrass .1433/ 60th St .No. EASEMENT ONLY CITY Oak k'srk Heights gill,,, MN - t!pt:ooe SZO8.2 LegafDeserlptlon see At t,_cb..e,d...Add.endllm.-__ _-- ._- .____ c«,�'tY.._Waathingtr?air._.--___—_-- Assessor's Parcel No. 60004-3450 7axYaar _199_5_ RE-Taxes $ 4j2' 42 S•ectatAssessments S a QQ,, __ Borrower C -f •=k P, rk FL••i-h Current Owner A •nn 1 Occupant: © Owner . Tenant Yacent Property rights appraised Foe Simple -Leasehold Protect Type PUD -Condominium HUDNA onl HOAS a a• /Mo. Neighborhood Or Proteci Name Oak Park Heigh_t,�S ______ _- - Map_ROrerance 1.c_:•5_,5_ 1 995 Census Tract _10 ,-Q Z____ S ale Price s 11/A.._ Date or Sale fa, -- _ besCriptl0n and$amount Of loancherges/concessions to be pall fax seller Q.QQ _ __--___--__ Lender/Client City of Oak Park Heights Address 141,5.8_l�_ 57th_St. Oak Park Heig�lts- MN -__-_—__-- Appraiser Thomas E. Heft Address 17653 Notre Dame St. N.E. Forest Lake Location ) Urban X Suburban ;I Rural Predominant 'leg family Muslim Present land use Ye Land use change aunt up 65 I1 Over 75% 25-75% Under 25% occupancy G One Family , e Not Ltke+ {{------}}Likely r $(000) (yrs) y y L—t y `r.. Growth Rate Rapid n Stable - Slow ©Owner 100 50 Low 0 2-4 family -2-._,. x In prOC•SS Property values rI�--�I tncreasing fl Stable Qeclining .Tenant 200 HI h 85 Multi-family 5 To:SFR/-___ _ _ a Demand/supply I 1 Shortage ©In balance Over supply -Vacant(0-5%) Predominant -as Commercial 5 e MN "C L sr. Marketing time in Under 3 mos.."3-6 mos. du Over 6 mos. .Vacant (aver 5% 85 20-25 V,cant 1 N ote:Race and the racial composition of the neighborhood are not appraisal lectors. r.,: ' Neighborhood boundaries and characteristics: The immediate_neighborhood ia,b, ua&.oia_rhe north by_Bighwgy.._..3_6...__..-_._. t' 53rd St. N. on the south. Cty 'Rd 5 on the west and Highway 95 on the east. Factors that affect the marketability of the properties In the neighborhood (proximity to employment and amenities, employment stability. eppeal to market, etc.): See additional comments. . . Market conditions to the subject nelghborhOOd (including SuppOrt for the above conclusions rotated to the trend of property values. demand/supply. and marketing time LKy -- such as data on COmpetitive properties for sale in the neighborhood, description of the prevalence oT sales and financing COnCessions, etc.): ` -e , . .itIonal comments. . . ji Project Information for PODS (IT applicable)--is the developer/builder In control of the Home Owners'Association(HOA)7 -Yes n No 1 Approximate total number of units in the subject project N/A - Approximate total number of units for sate in the subject project N/A Describe common elements and recreational facilities: N/A -. Dimensions 210Fx117OLSx21QRx117ORS Topography Elevated Above Street Sits area 5.61 O +/- acres Corner Lot [Yes I-1No Size La rger_s})/am_ Ave rare fir. Specific zoning classification and description Residential/ Homestead 1,.., , Shape Rectangular -` Zoning compliance L� Legal Legal nonconforming (Granalefrr es use) ( I illegal No zoning Drainage Adequate _ s Highest 8 best use as improved: Present use i 1 Other use(explaljCotatae rc'al View _ - Residential/CommQrcial/G 41 i Utilities PUDlIC Other oft-slteImprovements Type Public Private landscaping Sod/Trees/Shruts gctsL1 ):: Electricity 'X.____.. Street Asphalt _ X Driveway Surface Asphalt , ____ Goa X Curb/gutter None Apparent easements Utility/Are ina e .5? Water X Sidewalk None FEMA Special Flood Hazard Area i I Yes tX I No `.i -18: Sanitary sewer X Street lights _Standard City X FEMA Zone C Map Date 4/1/82 __ Storm sewer f NONE _Alley None f 1 FFMA Map No. 270512 0001 B Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming Zoning use, etc.): 3i e 4 additional comments. _ _ GENERAL OESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No.of Units N/A Foundation _N/A Slab N/A _ Area Sq.Ft. N/A Roof No.of Stories N/A Exterior Walls N/A crawl Space N/A %Finished Ceiling Unkn. X Type(pet./Aft.) N/A Root Surface N/A Basement N/A Ceiling g walls Unkn. X Design(Sfyie) N/A .__ Gutters S Ownspts. N/A Sump Pump N/A waits Floor i. Existing/Proposed N/A Window Type N/A Dampness N/A Floor None .�,< Age(Yrs.) N/A Storm/Screens N/A Settlement N/A Outside Entry _ � Unknown � Ertective Age(Yrs.) N/A Manufactured House N/A _ Infestation N/A 11, ROOMS Fo er Living Dining Kitchen Den Family Pm. Rec.Rm. Bedrooms r laths Laundry Other Area SO.Ft. Basement -_ .- - _ _ yQr� Level t ---,_... ..._.-.._.�FJ/A SF' .—. .-...-. level 2 �---° Finished area above grade contains: Rooms; Sedroorn(s): Bath(s); N/A Square Feet of Gross Living Area INTERIOR Materlais/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE: £ Floors N/A Type N/A Refrigerator n None t Li Fireolace(s) None -v- _ Walls N/A Fuel N/A Range/Oven rH=� Stairs IIII Patio El Garage lot cars Trim/Finish ___N/A Condition N/A Disposal Drop Stair Deck Attached Bath Floor N/A COOLINt Dishwasher Scuttle Porch Detached _ _ _____-,..._ Bath Wainscot N/A Central N/A Fan/Hood Floor Fence i7-in 1 f 8u t ;. Doors N/A Other N/A Microwave + J Heated III Pool IN Carport _ Condition N/A Washer/Dryer Finished MO NI Drlvewa yt Additional features (special energy efficient items, etc.): N/A —_ ' Condition Or the Improvements, depreciation (physical, functional, and external), repairs needed, Quality of Construction. remodetinq/additions, etc.: +? N/A --- x'- - -- -- - — -_.-._- - — -- Adverse environmental conditions (such as, but not limited to- hazardous wastes. toxic substances, etc.) present In the improvements, on the site, or In the immediate vicinity of the 5ubiect property-: See additional comments. . . Freddie Mae Form 70 6-ga 12 GM. PAGE 1 OF 2 noon Mae Porn 1004(6.53) Software for Real Estate Proiiavoneta (800)52341872 _ 05 fileNo a1152-9S ADDITIONAL COMMENTS $orrower city of Oak Park Heights • Property Address 14337 60th St.No. EASEMENT ONLY ___ - ,_.. City Oak Park Heights County Washington State MN Zip_CodE 55082 Lender City of Oak Park Heights _ SCOPE OF THE APPRAISAL The scope of this appraisal is to determine a reasonable value for the use of a temporary easement across the property herein described. This appraiser has researched the market to determine a value of the actual easement area indicated as a percentage of the entire site. LEGAL SEE ATTACHED SITE PLAN AND LEGAL DESCRIPTION. NEIGHBORHOOD BOUNDARIES The subject property is located in the City of Oak Park Heights, MN which has a current population of 3,900 residents. Oak Park Heights is located approximately 25 miles east of the Twin Cities via Highway 36, along the bank of the St. Croix River and the Minnesota/Wisconsin border. Shopping and other necessary amenities are located in nearby strip centers and the cities of Bayport and Stillwater. Homes vary in age, style and price according to location and view. This area of Stillwater/Oak Park Heights has increased steadily in population over the last 5 years due to a continued demand from buyers to live in a small town atmosphere within commuting distance to the "Big City". This area offers many employment opportunities such as 3M, Honeywell, Anderson Windows/Doors, Washington Government Center and the Maximum and Minimum Security Prisons of Minnesota. NO adverse conditions noted that would affect the marketability of this Oak Park Heights neighborhood. MARKET CONDITIONS IN NEIGHBORHOOD I have considered relevant competitive listings and/or contract offerings in the performance of this appraisal and in the trending information reported in this section. If a trend is indicated, I have attached an addendum providing relevant competitive listing/contract offering data. Supply/demand are in balance, marketing time is relatively stable at 68.74 days for all properties sold MLS in the Stillwater/Oak Park Heights market. Listing Price/Sales Price ratio is approximately 97 .77% in the last 12 month period per MLS statistical data- Mortgage funds are currently available (FHA.VA and Conventional) with current fixed rate conventional mortgage rates at 8% to 9%. market points ranging from 0% to 3% of the mortgage amount. Seller paid points are common to this market at current rates. SITE The subject site is located on the service road known as 60th Street North in the City of Oak Park Heights, MN. The subject site contains approximately 5.640 acres of good land. best suited for commercial development. Site (210 x 1170) contains 245,700 square feet of land. A proposed easement for temporary construction across the subject property lies on the north 20.82 feet of the site along 60th Street North. Views in all directions of commercial buildings and Highway 36 a heavily traveled east/west artery in the Washington County area. The site is above the street elevation with adequate drainage away from the building on all sides. The yard in sodded in good condition. Landscape is mature with many deciduous and coniferous trees and shrubs. The easement area appears natural ground cover with deciduous trees of no significant value. An asphalt driveway enters the subject from 60th Street on the west side of the property. Temporary easement will include a portion of this driveway. No adverse conditions noted that would affect the site. ADVERSE ENVIRONMENTAL CONDITIONS No adverse environmental conditions were brought to the attention of this appraiser at the time of inspection. No responsibility by this appraiser assumed for any such conditions, or for any expertise, engineering knowledge concerning any environmental conditions. If concerns exist regarding environmental conditions, contact local authorities or qualified individual (s) , COST APPROACH This appraiser did not give consideration to the cost approach, other than land value, due to the fact no buildings considered in this analysis. COMMENTS ON SALES COMPARISON This appraiser used land sales selected from data of record in Washington County. Land sales were selected having similar locations and current uses. The subject land is considered a good site, highest and best use Commercial. FINAL RECONCILIATION The Market Data Approach is given the most weight, as it best indicates the actions of willing buyers and sellers in the marketplace. The Cost Approach not considered reliable in this analysis. The Income Approach lacks rationale since typical buyer is owner-occupant. Market Value indicates the subject site value of $155,000. Temporary Construction Easement area represents 4.521 square feet of the 245.700 total site area. APPRAISAL SPEC to I5T5 (e12)SW-0902 P. 06 Filo No a I 152 -95 ADDN71ONAL COMMENTS Page. ,`.,...,.,. Borrower City of_ Oak Park Heights-__ _,. s 1437 60th St.No EASEMENT ONLY City Oak Park Hei_ghts Cour,ty_ Washington State MN _ ZipCadE 55082 Lander City of Oak Park Heights represented as a percentage. 1 .84%. This appraiser used the following calculation to determine Temporary Easement value: $155.000 x 1 .84% — $2 .852.00. Using this $2.852 value of the Temporary Easement as income to the owner it would be reasonable to conclude this payment if invested today would yield 9% return over the Temporary Construction period. $2.852.00 x 9% — $256.68 interest annually. The Temporary Construction period starting May 1st 1995 not to exceed January 1 , 1997. This represents a 20 month holding period. $256.68 J 12 $21 .39 interest monthly. $21 .39 x 20 months ° $427 .80 Current value for the use of this Temporary Easement is estimated at $427 .80 rounded 5428.00. APPRAISAL SPE CIALISIS(812}982-0002 P. 0 7 • • DEPARTURE PROVISION My client, CITY of OAK PARK HEIGHTS, requested that I submit an Appraisal Report on the property Iocated at 14337 60th Street North, Oak Park Heights, MN for their use ONLY This Appraiser has completed the appraisal in a format recommended by ATTORNEY MARK VIERLTNG for their use on a Temporary Construction Easement . The Market Data Approach relies on information obtained from the MLS Data available. This Appraiser did make a personal inspection of the subject site and comparables used in this report. Format used is shorter than normal appraisal standards which is a DEPARTURE from standard appraisal practices set forth in the Uniform Standards of Professional Appraisal Practice. This Appraisal is NOT for use with any federally related transaction. This Appraisal Report shall be used by City of Oak Park Heights ONLY I certify that to the best of my knowledge and belief: the statements of fact contained in this report are true and correct. - the report analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. - my compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. - I have made a personal inspection of the property that is the subject of this report. - no other C P erson s) F rovided significant professional assistance to the g nificant P person signing this F 8 S report. P Dated: ,1995 APPRAISAL SPECIALISTS / ag Aft/ Thomas E. Hefty Certified R es i de ntial Real Pro p A•Oraiser Lie #4002821 t l 110 410 STATE OF MINNESOTA C (I) D IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a municipal corporation, Petitioner, PETITION IN THE MATTER OF vs. THE CONDEMNATION OF CERTAIN LANDS IN THE CITY OF OAK Allan A. Connel, Jr. and PARK HEIGHTS Geraldine Connel, husband and wife, Respondent. Petitioner, the City of Oak Park Heights, alleges as follows : I . That the Petitioner is duly incorporated City organized and existing under and by virtue of the laws of the State of Minnesota, and as such is authorized to exercise the right of eminent domain pursuant to the provisions of Chapter 117 of Minnesota Statutes. II . The City of Oak Park Heights held a regular meeting of the City Council of the City on April 10, 1995, said City Council determined it to be necessary and proper for the City to acquire access rights to the land described as follows : SEE ATTACHED EXHIBIT A all of which is located in said City, County, and State, and the names of all persons appearing of record or known to be the owners of said lands or interested therein, including all those whom Petitioner has ascertained by investigation and inquiring, together with the nature of the ownerships and interests, as nearly as can • be determined are hereinafter set forth: III . That upon the granting of this Petition, Petitioner intends to exercise its right, pursuant to Minnesota Statutes §117 . 042 to enter upon the property described herein and to proceed with the construction of the project proposed by it . IV. That none of said lands are presently devoted to public use except as hereinafter expressly stated. WHEREFORE, Petitioner, City of Oak Park Heights, prays : a. That such proceedings may be had as is provided by law and that Petitioner acquire by condemnation the interests for the purposes hereinabove stated in said lands as against Respondent as hereinafter set forth; b. That it be adjudged and determined that the use for which such lands are sought to be taken as a public use and that this taking is authorized by law; c. That three competent and disinterested persons who are residents of Washington County, Minnesota, be appointed as Commissioners to ascertain and report the amount of damages that will be sustained by the owners and other persons interested in said land; d. That the Court fix the time and place of the first meeting of such commissioners and prescribe compensation; e. That the Commissioners be directed and instructed by the Court to proceed according to law and to make a fair and impartial 2 • i assessment and award of damages sustained by Respondent herein by reason of Petitioner' s taking of the lands hereinafter described and to report the same to the Court, and in all cases where, for any reason, it shall be doubtful to whom the award shall be paid, that such amount be paid to the Clerk of Court to be paid out by him under the direction of the Court; f. And for such other and further relief as may be appropriate in the premises. Dated this /8" day of /^ ' , 1995 . ECKBERG, LAMMERS, B: e F & VIERLING, .L.P. Mark J. Vierlin. Attorneys 4 Petitioner City of Oak Park Heights 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney I .D. 112823 3 • • EXHIBIT A A temporary construction easement over and across the north 47 feet of the following described property: All that part of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29, Range 20, Washington County, Minnesota, described as follows; Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 4 and running; thence east on the north line of said Section 4 for a distance of 332 feet to the place of beginning; thence south on a line parallel to the west line of the Northeast Quarter of the Northwest Quarter of said Section 4 to the south line of the Northeast Quarter of the Northwest Quarter of said Section 4; thence east on said south line a distance of 210 feet; thence north on a line parallel with the west line of the Northeast Quarter of the Northwest Quarter of said Section 4, to the north line of said Section 4; thence west on the north line of said Section 4, a distance of 210 feet to the place of beginning. Subject to roads. 111 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON Comm MINNESOTA HELD: April 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 10th day of April, 1995, at 7:00 o'clock p.m. The following members were present : Mayor: Barbara H. O'Neal Councilperson: Mark Swenson Councilperson: David Schaaf Councilperson: Janet Robert Councilperson: Dean Kern, Sr. The following members were absent : None Member Schaaf introduced the following Resolution and moved its adoption: RESOLUTION NO. 95-04-18 CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND/OR NEGOTIATION OF TEMPORARY CONSTRUCTION EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to construct improvements necessary for street reconstruction, storm water drainage systems serving properties with the City of Oak Park Heights in areas adjacent to lands owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, a temporary construction easement is necessary to be acquired across the property of Allan A. Connel, Jr. and Geraldine Connel to facilitate the construction of the City' s reconstruction and storm sewer improvements; and, WHEREAS, the storm sewer and street reconstruction improvements cannot be safely completed within the existing easements of the City of Oak Park Heights; and, WHEREAS, the required improvements are necessary to protect the public welfare and safety. 411 411 NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows : 1 . That staff and legal counsel are hereby authorized to initiate condemnation/eminent domain proceedings to acquire temporary construction easements affecting the parcel owned by Allan A. Connel, Jr. and Geraldine Cannel, husband and wife so as to secure temporary construction access to their properties to facilitate the construction of street reconstruction improvements and storm water drainage facilities with all said properties to be affected thereby being legally described in Exhibit A annexed hereto and incorporated herein by reference. 2 . That the staff and legal counsel are authorized to take all necessary steps to acquire possession of the subject property pursuant to Minnesota Statutes §117.01 et seq. 3 . That pursuant to this Resolution duly adopted by the City Council and in the interest of public safety and welfare, it is understood that the City employees and agents may be required to enter upon the lands as may be necessary to perform construction and monitoring activities affecting the improvements to be constructed thereon. Whereupon said Resolution was declared duly seconded by member Kern and upon vote being taken thereon, the following voted via voice: All And the following voted against same: None Whereupon said Resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relates to the resolution of the City of Oak Park Heights authorizing the initiation of Eminent Domain/Condemnation proceedings and/or the negotiation of easements affecting the Allan A. Connel, Jr. and Geraldine Connel property. WITNESS my hand and the seal of said City this 1107day of /C`- , 19 lE% Michae R.-ertson (SEAL) City Administrator ENCLOSURE 11 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: April 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 10th day of April, 1995, at 7 : 00 o' clock p.m. The following members were present : The following members were absent : Member introduced the following Resolution and moved its adoption: RESOLUTION NO. CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND/OR NEGOTIATION OF TEMPORARY CONSTRUCTION EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to construct improvements necessary for street reconstruction, storm water drainage systems serving properties with the City of Oak Park Heights in areas adjacent to lands owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, a temporary construction easement is necessary to be acquired across the property of Allan A. Connel, Jr. and Geraldine Connel to facilitate the construction of the City' s reconstruction and storm sewer improvements; and, WHEREAS, the storm sewer and street reconstruction improvements cannot be safely completed within the existing easements of the City of Oak Park Heights; and, WHEREAS, the required improvements are necessary to protect the public welfare and safety. ! • NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows : 1 . That staff and legal counsel are hereby authorized to initiate condemnation/eminent domain proceedings to acquire temporary construction easements affecting the parcel owned by Allan A. Connel, Jr. and Geraldine Connel, husband and wife so as to secure temporary construction access to their properties to facilitate the construction of street reconstruction improvements and storm water drainage facilities with all said properties to be affected thereby being legally described in Exhibit A annexed hereto and incorporated herein by reference. 2 . That the staff and legal counsel are authorized to take all necessary steps to acquire possession of the subject property pursuant to Minnesota Statutes §117 . 01 et seq. 3 . That pursuant to this Resolution duly adopted by the City Council and in the interest of public safety and welfare, it is understood that the City employees and agents may be required to enter upon the lands as may be necessary to perform construction and monitoring activities affecting the improvements to be constructed thereon. Whereupon said Resolution was declared duly seconded by member Doerr and upon vote being taken thereon, the following voted via voice : And the following voted against same : Whereupon said Resolution was declared duly passed and adopted. 11111111 110 STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss . CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relates to the resolution of the City of Oak Park Heights authorizing the initiation of Eminent Domain/Condemnation proceedings and/or the negotiation of easements affecting the Allan A. Connel, Jr. and Geraldine Connel property. WITNESS my hand and the seal of said City this day of , 19 . Michael Robertson (SEAL) City Administrator 411 ENCLOSUE 10 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD: April 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council for the City of Oak Park Heights, Washington County, Minnesota was duly held at the City within said City on the 10th day of April, 1995, at 7 : 00 o' clock p.m. The following members were present : The following members were absent : Member introduced the following Resolution and moved its adoption: RESOLUTION NO. CITY OF OAK PARK HEIGHTS RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS AND/OR NEGOTIATION OF EASEMENTS AFFECTING THE JOHN JUNKO (C/P) , ALLAN A. CONNEL, JR. AND GERALDINE CONNEL PROPERTY WHEREAS, the City wishes to construct improvements necessary for street reconstruction, storm water drainage and municipal utility systems serving properties within the City of Oak Park Heights, adjoining the property owned by Mr. John Junko as a Contract for Deed Purchaser with fee owner thereon being Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, a portion of the temporary construction easement which must be made lies outside of the current existing easements for the City of Oak Park Heights located in the area; and, WHEREAS, it is necessary to secure a temporary construction easement and/or slope easement from John Junko, Allan A. Connel, Jr. and Geraldine Connel, husband and wife; and, WHEREAS, the required improvements are necessary to protect the public welfare and safety. 110 WHEREAS, that the interest of the public require that staff be authorized to proceed under the authority of Minnesota Statute §117 . 042 to secure timely possession of the property reasonably required to be secured for this improvement project . NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows : 1 . That staff and legal counsel are hereby authorized to initiate condemnation/eminent domain proceedings for portions of those parcels owned by John T. Junko, Allan A. Connel, Jr. and Geraldine Connel, husband and wife, so as to secure temporary construction easement and/or permanent slope easement with said properties to be affected thereby being legally described in Exhibit A annexed hereto and incorporated herein by reference. 2 . That the staff and legal counsel are authorized to take all necessary steps to acquire possession of the subject property pursuant to Minnesota Statutes §117 . 02 et seq. 3 . That pursuant to this Resolution duly adopted by the City Council in the interest of public safety and welfare, it is understood that the City employees and agents may be required to enter upon the lands as may be necessary to perform construction in monitoring activities affecting the improvements to be constructed thereon. Whereupon said Resolution was declared duly seconded by member and upon vote being taken thereon, the following voted via voice : And the following voted against same: Whereupon said Resolution was declared duly passed and adopted. 411 111 STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss . CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relates to the resolution of the City of Oak Park Heights authorizing the initiation of Eminent Domain/Condemnation proceedings and/or the negotiation of easements affecting the John Junko, Allan A. Connel, Jr. and Geraldine Connel property. WITNESS my hand and the seal of said City this day of , 19 Michael Robertson (SEAL) City Administrator