HomeMy WebLinkAboutUntitled (2) °4 Minnesota Certment of Transportation •
OF IIOffice of Traffic Engineering Office Tel: 651/284-3500
Mail Stop 725,2nd Floor Fax: 651/205-4526
395 John Ireland Blvd.
St. Paul, MN 55155-1899
October 12, 1999 \ I OCT 1 9 L99,..1 ;
I fly
Mr. Sheldon J. Johnson
Bonestroo, Rosene, Anderlik&Associates, Inc.
2335 West Highway 36
St. Paul, Minnesota 55113
Dear Mr. Johnson:
As requested by City Resolution Number 99-06-25, dated June 8, 1999, attached is
authorization to erect the appropriate signs designating the reasonable and safe speeds
on 58th Street.
Please keep this authorization in your permanent files, we have our necessary copies.
Erection of signs shall be in conformance with the 1991 Minnesota Manual on Uniform
Traffic Control Devices.
Note the contingency on the authorizations. This must be met before the regulatory
speed limit signs are erected or changed.
Sincerely,
1VIic a- J illenK
Assist. • State Traffic Engineer
cc: Ms. Judy Hoist, Deputy Clerk
(Letter Only)
TE3-rl w
An equal opportunity employer
• •
Bonestroo
AEA Memo 0 Anderlik Anderrll
VII ik 6
Associates
Engineers S Architects
Project Name: Boutwells Landing Client: City of Oak Park Heights
To: Mike Price File No: 55-98-805
From: Karen S. Shimon Date: 10/18/99
Re:
Remarks:
Mike-
This summer a new bituminous pathway was laid parallel to 58th Street. As a result of the Boutwells
Landing development this pathway has been damaged in several areas by vehicles driving over the path.
Next spring we will assessed the damage and if necessary an overlay will be placed on the pathway. The
cost for the repairs will be charged to the development.
Also, the pathway along 58th has been repaired on the west end of the project. Since there is a paved
entrance to the development there should be no vehicles driving over the pathway.
Karen S. Shimon
4R,
Cc: Tom Melena, City of Oak Park Heights
Tom Abel, Adolfson & Peterson
Bonestroo, Rosene,Anderlik and Associates,Inc.
❑ St.Paul Office: ❑ Milwaukee Office: ❑ Rochester Office: ❑ Willmar Office: ❑ St.Cloud Office:
2335 West Highway 36 1516 West Mequon Road 2222 Hwy 52 North 205 5th Street SW 2008 8th St.North
St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55901 Willmar,MN 56201 St.Cloud,MN 56303
Phone:651-636-4600 Phone:414-241-4466 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553
Fax:651-636-1311 Fax:414-241-4901 Fax:507-282-3100 Fax:320-214-9458 Fax:320-251-6252
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From: jjohnson [jjohnson @cityofoakparkheights.com]
Sent: Thursday, October 14, 1999 2:32 PM
To: 'Karen Shimon'; 'Joe Anderlik'
Cc: 'Mark Vierling'; 'Thomas Melena'
Subject: Subject Erosion Control Failure
Per Special Provision 15 have you given the contractors on 58th Street, on City Hall parking lot, at
Boutwells and Kern Center written notice of their failure to comply with erosion control. I want to
start the 24 hours clock today and start charging $100 per day per site tomorrow. I have pointed
out sites last month that are still not fixed.
This morning I looked at the rip rap along 58th and the new ponds. It is filled with silt. The rip rap
must be removed. Silt removed and the rip rap replaced.
I just pulled out the Erosion control plan for Kern Center. Unfortunately, it was not very complete.
There is some that was never installed and they installed some that is not shown on the drawing,
but was needed and now is needing repair. If you look at the pond by Kennedy's building you
can see the erosion that has been caused by the project at the inlets. Their erosion control fence
from the Memorial Avenue ditch has been washed over for weeks.
Like I said last night I am serious about erosion control and all other provisions of the contracts.
The contractors are not performing and they signed up to a$100 per day penalty for the lack of
performance. I see no reason that we cannot start charging the$100. Get their signature and a
date and time of delivery of the letter and the clock starts. Blame me if you want. I do not care.
They are going to correct the damage done and fix the erosion control to control future damage.
Jay
S t
LAW OFFICES OF /
Ems
Ecicherg, Lammers, Briggs, Wolff & v in : ,
\\' 61835 Northwestern Avenue k,\ OCT 1 5 199 .; Il
Stillwater. Minnesota 55082 �,
James F. Lammers `Lyle J. Eckberg
Robert G. Briggs** (651) 439-2878 Of Counsel
Mark J. Vierling* FAX (651) 439-2923 Paul A. Wolff
Thomas G. Geller*
Lomas J. Weidner* Direct Dial No. : (612) 351-2118 (1944-199G)
*Qualified Neutral Arbitrator Fs Mediator
Susan D. Olson* *Qualified Neutral Arbitrator
Davit K. Snyder October 14 , 1999 tit-Certified Real Estate specialist
*Qualified Neutral Mediator
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, Minnesota 55082
Re : Proprietary Interest in Plan Specifications,
Drawings, Documents, Etc . as Produced by
the City Engineer' s Office
Gentlemen:
Per your request, I have reviewed the contract for
professional services as proposed between the City of Oak Park
Heights and Bonestroo, Rosene, Anderlik and Associates .
Additionally, I have reviewed the former contract that has existed
between the engineering firm and the City. You previously inquired
of this office as to the proprietary interest in documents, plans,
specifications and other instruments prepared by the engineer' s
office as it affects the ownership of those documents for purposes
of the City' s use . I refer you to Paragraph 4 . 8, 4 . 8 . 1 and 4 . 8 . 2
of the contract as has existed, as well as the proposed contract
which provides for the responsibilities of the respective parties
as it affects the ownership of instruments prepared by the
engineer' s office. You will note that all documents prepared by
the engineer' s office are specified within the contract to be
instruments of service and not products and, therefore, remain the
property of the engineer. There is a commitment within the
contract to provide reproducible copies or microfiche of the plans
and specifications and to transmit same to the City and that the
City shall retain sole ownership of the plans and specifications
relating to the project after a period of six years . There is
further the provision within the contract affecting re-use or
adaption of those documents and instruments which is specifically
governed by Paragraph 4 . 8 . 2 .
• •
•
Mr. Thomas Melena
October 14, 1999
Page 2
After you have had a chance to review these provisions,
if you have any specific questions, please feel free to contact me
directly.
Yours vet . • y,
rk J. Vierling
MJV/sdb
cc : Jay Johnson
LAW OFFICES OF
Eckberg. Lammers, Briggs, Wolff & Vierli ,r 1Uth.L.
1835 Northwestern Avenue
I
James P. Lammers Stillwater. Minnesota 55082 Lyle J. Eekberg
Robert G. Briggs** (651) 439-2878 Of Cauaael
Mark J. Vierling* FAX (651) 439-2923 Paul A. Wolff
Gregory G. Geller*
Thomas J. Weidner* Direct Dial No. : (651) 351-2118 (1944-1996)
*Qual■f■ed Neutral Arb,trator& Mediator
Susan D. Olson
�/
October 11, 1999 *Quali fied Neutral Arbitrator
David K. Snyder *certified Real Estate Spec■ahst
•Qualified Neutral Mediator
Valley Senior Services Alliance
3220 Lake Johanna Boulevard
New Brighton, Minnesota 55112-7997 C o py
(hasse lands)
Elmer and Ruth Hasse/Elmer Hasse Trust
6604 - 29th Street North
Oakdale, Minnesota 55128
Dear Property Owner:
Enclosed you will find copy of a Notice of Public Hearing
on assessments for the 58th Street Improvements/Norell to Oakgreen
Avenue Improvements of 1998 . You have already received the first
notice from the City as to this hearing and the notice that is
included with this letter supplements that .
There was inadvertently omitted the map referenced under
the area proposed to be assessed within the notice which is now
included within the revised notice of the hearing on the
assessments as provided herein and we further provide to you a copy
of the individual tax parcel identification of yours which is
involved in this particular assessment as we have obtained same
from the County Auditor' s office .
Yours very truly,
Mark J. Vierling
City Attorney
City of Oak Park Heights
MJV/sdb
Enclosure
cc : Thomas Melena, City Administrator
411 411 CoPY
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OAKGREEN AVENUE IMPROVEMENTS OF 1998
TO: VALLEY SENIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD.
NEW BRIGHTON, MN 55112-7997
(HASSE LANDS)
ELMER AND RUTH HASSE/ELMER HASSE TRUST
6604 29TH ST. NO.
OAKDALE, MN 55128
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS : Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o'clock p.m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
c n 429 . 061 are waived,do , unless the
failure to object to the assessment
hearing is due to a reasonable cause .
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS : Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
Ili However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lots, pieces or
parcels of land is $ 160, 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
! •
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made.
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s/ Thomas Melena
THOMAS MELENA City Administrator
0 •
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TC906S 10 T82 ACS Ta stem Inquiry
No. Year General Prompt
R 05.029.20.12 .0040 2000 MP#
Taxpayer ' ' '1'1'3'6'1' ' ' ' ' 'Calc' thruJ 100'61999 Total : EMV LMV Deeded Acres
ELMER & RUTH HAASE '' " 375, 800 32,200
'6604 '2'9'T'It 'ST N Dist 6104 SD 0834 Bk Pg MN 55128 Plat HAASE ADD g
Alternate Sec Twn Rn Lot Block
Escrow OUTLOT A HAASE ADDITION OAK
PARK HEIGHTS CITY
Prop Addr Class 101-0-099 1 of 1
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N GA Exists
NO BILL # ASSIGNED Mod? Action?
TC906S 10 T82 ACS Tastem Inquiry
Parcel No. Year General Prompt
R 05.029.20.11.0040 2000 Mp# R 05.029 .20 .11.0040
Taxxppayyer 1'9'3'6'6' ' ' ' ' ' 61c thru 16661'999 Total • EMV LMV Deeded Acres
ELI4ER HAASE " " " " 665,200 145,100
N '29'TH ST Dist 6101 SD 0834 Bk Pg
OAKDALE MN 55128 Plat RLS # 114
Alternate Sec Twn Rn Lot Block
Escrow TRACT A RLS #114 OAK PARK
HEIGHTS CITY
Prop Addr Class 206-0-099 1 of 2
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N GA Exists
NO BILL # ASSIGNED Mod? Action?
LAW OFFICES OF
Eckherg, Lammers, Briggs, Wolff & Vierling. P.L.L.P.
1835 Northwestern Avenue
James F. jammers
Stillwater, Minnesota 550$2 Lyle J. Eold,erg
RoLert G. Briggs** (651) 439-2878 Of Counsel
Marl, J. Vierling* FAX (651) 439-2923 Paul A. Wolff
Gregory G. Gallen*
Thomas J. Weidner*
Direct Dial No. : (651) 351-2118 (1944-1996)
*Qualified Neutral Arbitrator& Mediator
Susan D. Olson*
October 11, 1999 Qualified Neutral Arbitrator
David K. Snyder *Certified Real Estate Specialist
'Qualified Neutral Mediator
Helen J. Ritzer Valley Senior Services Alliance
919 South 5th Avenue 3220 Lake Johanna Boulevard
Stillwater, Minnesota 55082 New Brighton, Minnesota 55112-7997
(Ritzer Lands)
John A. Ritzer
919 South 5th Avenue
Stillwater, Minnesota 55082 (�
Dear Property Owner:
Enclosed you will find copy of a Notice of Public Hearing
on assessments for the 58th Street Improvements/Norell to Oakgreen
Avenue Improvements of 1998 . You have already received the first
notice from the City as to this hearing and the notice that is
included with this letter supplements that .
There was inadvertently omitted the map referenced under
the area proposed to be assessed within the notice which is now
included within the revised notice of the hearing on the
assessments as provided herein and we further provide to you a copy
of the individual tax parcel identification of yours which is
involved in this particular assessment as we have obtained same
from the County Auditor' s office .
Yours very truly,
Mark J. Vierling
City Attorney
City of Oak Park Heights
MJV/sdb
Enclosure
cc : Thomas Melena, City Administrator
• •
C py
CITY OF OAR PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OAKGREEN AVENUE IMPROVEMENTS OF 1998
TO: VALLEY SENIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD
NEW BRIGHTON, MN 55112-7997
(RITZER LANDS)
HELEN J. RITZER
919 SOUTH 5TH AVE
STILLWATER, MN 55082
JOHN A. RITZER
919 SOUTH 5TH AVE.
STILLWATER, MN 55082
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS : Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p.m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
•
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
hearing is due to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS: Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections.
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 80 , 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
• i
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made .
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s/ Thomas Melena
THOMAS MELENA City Administrator
• •s
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TC906S 10 T82 ACS Taystem Inquiry
Parcel No Year General Prompt
_, R 05.029.20.14.0038 2000 Mp# R .030.20 .22.0043
TaxxpPayer '905'5'9' ' ' . . . 'Caic 'thru 1666'1'999 Total : EMV LMV Deeded Acres
VALLEY SENIOR SERVICES ALLIANC 120, 000 118,200
'3'2'2'0' 'LAXE 'JO AN A ti'LV'D Dist 6101 SD 0834 Bk Pg BRIGHTON MN 55112-7997 Plat g
Alternate Sec Twn Rn Lot Block
05 029 020
Escrow N1/2-SE1/4-NE1/4
S5T29R20 EXC COM AT SE CORNER
Prop Addr Class 206-0-099 1 of 1
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N
NO BILL # ASSIGNED Mod? Action?
411 110
LAW OFFICES OF
Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P.
1835 Northwestern Avenue
M
James F. Lammers Stillwater. Minnesota 55082
Lyle J. EcLl>er
` Y g
RoLert G. Briggs** (651) 439-2878 01CoeaSel
Marl( J. Vierling* FAX (G 51) 439-2923 Paul A. Wolf{
Gregory G. Gaper.
Thomas J. Weidner* Direct Dial No. : (651) 351-2118 (1944-1996)
SD. O130R� *Qualified Neutral Arh,lrator& Medhator
usan
� 1 t�
October 11, 1999 ua�f�ed Neutral Ar6ulrator
David K. Snyder *Ciertif,ed Real Estate Spee+ahst
•Qua111∎ed Neutral Mediator
Valley Senior Services Alliance o py
3220 Lake Johanna Boulevard
New Brighton, Minnesota 55112-7997
(Boutwell' s Landing)
Dear Property Owner:
Enclosed you will find copy of a Notice of Public Hearing
on assessments for the 58th Street Improvements/Norell to Oakgreen
Avenue Improvements of 1998 . You have already received the first
notice from the City as to this hearing and the notice that is
included with this letter supplements that .
There was inadvertently omitted the map referenced under
the area proposed to be assessed within the notice which is now
included within the revised notice of the hearing on the
assessments as provided herein and we further provide to you a copy
of the individual tax parcel identification of yours which is
involved in this particular assessment as we have obtained same
from the County Auditor' s office .
Yours very truly,
Mark J. Vierling
City Attorney
City of Oak Park Heights
MJV/sdb
Enclosure
cc : Thomas Melena, City Administrator
•
110 411 C o
CITY OF OAR PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OAKGREEN AVENUE IMPROVEMENTS OF 1998
TO: VALLEY SENIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD
NEW BRIGHTON, MN 55112-7997
(BOUTWELL' S LANDING)
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS: Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p .m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council.
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
! • !
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
hearing is due to a reasonable cause .
DEFERMENT OF , Under the provisions of Minnesota
ASSESSMENTS : Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 615, 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
s
of the year in which the prepayment is
made.
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s! Thomas Helena
THOMAS MELENA City Administrator
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TC906S 10 T82 ACS Tax System Inquiry
Parcel No Year General Prompt
R 05.029.20.14.0002 2000 Mp# R 030 .20 .22 .0043
. . . . .41!Taxppay.er 90559 alc 'thru 1,0'0'6'1'999 Total : MV LMV Deeded Acres
VALLEY SENIOR SERVICES ALLIANC " " 51, 600 51, 600
1210 tlikk ',I'dif.A.161A $fLVVD Dist 6107 SD 0834 Bk Pg BRIGHTON MN 55112-7997 Plat g
Alternate Sec Twn Rn Lot Block
05 029 020
Escrow PT N1/2-SE1/4-NE1/4
052920 COM AT SE COR OF SD
Prop Addr Class 206-0-098 1 of 1
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N
NO BILL # ASSIGNED Mod? Action?
•
• LAW OFFICES OF 410
Eelcherg, Lammers, Briggs. Wolff & Vierling. P.L.L.P.
1835 Northwestern Avenue
JpDames l . Lammers
Stillwater. Minnesota 55082 Lyle J. Ecicberg
Robert G. Briggs* (651) 439-2878 Of Cosssei
Mark J. Vierling* FAX (651} 439-2923 Paul A. Wolff
Gregory G. Galler•
Direct Dial No. : (651) 351-2118 (1944-1886)
Thomas J. Weidner* *Qualified Neutral Arbitrator& Mediator
Susan D. Olson
11 October 11, 1999 Qualified Neutral Arbitrator
DdvlV K. Snyder *Certified Real Estate Specialist
*Qualified Neutral Mediator
coPY
JCJ Land Corporation JCJ Land Corporation
13795 60th Street North 4218 Clark Circle
Stillwater, Minnesota 55082 Vadnais Heights, Minnesota 55127
Mr. Timothy Nolde Mr. John Haase
775 Green Twig Way c/o JCJ Land Corporation
Stillwater, Minnesota 55082 13795 60th Street North
Stillwater, Minnesota 55082
Dear Property Owner:
Enclosed you will find copy of a Notice of Public Hearing
on assessments for the 58th Street Improvements/Norell to Oakgreen
Avenue Improvements of 1998 . You have already received the first
notice from the City as to this hearing and the notice that is
included with this letter supplements that .
There was inadvertently omitted the map referenced under
the area proposed to be assessed within the notice which is now
included within the revised notice of the hearing on the
assessments as provided herein and we further provide to you a copy
of the individual tax parcel identification of yours which is
involved in this particular assessment as we have obtained same
from the County Auditor' s office .
Yours very truly,
Mark J. Vierling
City Attorney
City of Oak Park Heights
MJV/sdb
Enclosure
cc : Thomas Melena, City Administrator
411
(1) 1k1/17
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OAKGREEN AVENUE IMPROVEMENTS OF 1998
TO: JCJ LAND CORPORATION
13795 60TH STREET NO.
STILLWATER, MN 55082
JCJ LAND CORPORATION
4218 CLARK CIR.
VADNAIS HEIGHTS, MN 55127
TIMOTHY NOLDE
775 GREEN TWIG WAY
STILLWATER, MN 55082
JOHN HASSE
C/O JCJ LAND CORPORATION
SAME ADDRESS ABOVE
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS : Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p.m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
hearing is due to a reasonable cause.
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS: Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 50, 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made.
If the assessment is not prepaid within
INTEREST RATE: p p
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 t .
Interest accrues from the date to be
the resolution levying specified in vy g the
assessment, but not earlier than the date
of such resolution.
DATED: October 11 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s/ Thomas MP1Pna
City Administrator
• •
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TC906S 10 T82 ACS Tax ystem Inquiry
Parcel No. Year General Prompt
,R 05.029.20.11.0033 2000 MP#
Taxpayer 6'3'6'3'1' ' ' ' ' . .Calc 'tihru 1066;1999 Total : EMV LMV Deeded Acres
JCJ LAND CORPORATION 269,400 269,400
'4'2'18' 'C'LA'RX 'C'IA Dist 6104 SD 0834 Bk Pg HEIGHTS I Plat
55127 5
Alternate Sec Twn Rn Lot Block
05 029 020
Escrow N1/2-NE1/4 S5T29R20
BEING THAT PT DESC AS FOLL:BEG
Prop Addr Class 233-0-099 1 of 1
13'797 60TH ST N Hmst Decl Status NON-HSTD
STILLWATER 55082
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
NO BILL # ASSIGNED Notice Proposed Screen? N
Mod.' Action.'
O
COPY
CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENTS
The undersigned does hereby certify that on the 11th day
of October, 1999 (being ten (10) days or more before the hearing on
said improvement) , she gave mailed Notice of Hearing (a true and
correct copy of which is attached hereto as Exhibit "A" ) of the
following described improvement, to-wit :
58th Street Improvement/Norell to Oakgreen Avenue of 1998
to the owners of each parcel of land within the area proposed to be
assessed as follows, to-wit :
JCJ Land Corporation
13795 60th Street North
Stillwater, Minnesota 55082
JCJ Land Corporation
4218 Clark Circle
Vadnais Heights, Minnesota 55127
Timothy Nolde
775 Green Twig Way
Stillwater, Minnesota 55082
John Hasse
c/o JCJ Land Corporation
13795 60th Street North
Stillwater, Minnesota 55082
_ .
_ .Am uss
Subscri•ed - •• sworn to before me
- ' s 1 h .ay of October, 1999 .
Notar Public
AAAS
MARK.i. V,/,��: . ,3
WASHUNUICJ iTY
My Comm.Expires.J._;;-
.n 1,2000
EXHIBIT "A"
S 111
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OARGREEN AVENUE IMPROVEMENTS OF 1998
TO: JCJ LAND CORPORATION
13795 60TH STREET NO.
STILLWATER, MN 55082
JCJ LAND CORPORATION
4218 CLARK CIR.
VADNAIS HEIGHTS, MN 55127
TIMOTHY NOLDE
775 GREEN TWIG WAY
STILLWATER, MN 55082
JOHN HASSE
C/O JCJ LAND CORPORATION
SAME ADDRESS ABOVE
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS : Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p.m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
. .
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor er Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
hearing is due to a reasonable cause .
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS: Statutes, Sections 435 . 193 and 435 . 195 ,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 50, 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
' ill
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made .
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 :0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s! Thomas MP1pna
City Administrator
•
•
• 0
•
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TC906S 10 T82 ACS Ta,'stem Inquiry
Parcel No. . Year General Prompt
R 05.029.20.11.0033 2000 MP#
' ' ' ' ' ' ' rTa a y er 63631 Clc thu 10'0'61999 Total : EMV LMV Deeded Acres
JCJ LAND CORPORATION " " " " ' 269,400 269,400
4118' 'tI;ARYC C'II Dist 6104 SD 0834 Bk Pg
VADNAIS HEIGHTS lit 55127 Plat
Alternate Sec Twn Rn Lot Block
05 029 020
Escrow N1/2-NE1/4 S5T29R20
BEING THAT PT DESC AS FOLL:BEG
Prop Addr Class 233-0-099 1 of 1
13797 60TH ST N Hmst Decl Status NON-HSTD
STILLWATER 55082
Original Abat/Addn Collections Balance
Net Tax
Special Ascots
Total before P&i
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N
NO BILL # ASSIGNED Mod? Action?
411 III
c 0 PY
CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENTS
The undersigned does hereby certify that on the 11th day
of October, 1999 (being ten (10) days or more before the hearing on
said improvement) , she gave mailed Notice of Hearing (a true and
correct copy of which is attached hereto as Exhibit "A" ) of the
following described improvement, to-wit :
58th Street Improvement/Norell to Oakgreen Avenue of 1998
to the owners of each parcel of land within the area proposed to be
assessed as follows, to-wit :
Valley Senior Services Alliance
3220 Lake Johanna Blvd
New Brighton, Minnesota 55112-7997
A.
� ice
_ - .' D. Bu
Subscrib=: an. sworn to before me
this 1 h •=y of October, 1999 .
i
No :ry Public
. AAA.
IMi.;..)mm.Exp.,es J:.n..-1,2000
• .
• •
EXHIBIT "A"
• •
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OAXGREEN AVENUE IMPROVEMENTS OF 1998
TO: VALLEY SENIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD
NEW BRIGHTON, MN 55112-7997
(BOUTWELL' S LANDING)
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS: Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p .m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council.
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
• !
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount cf
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior tc the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes ,
1 are v
Section 429 . 06 re wai ed, unles s the
failure to object to the assessment
hearing is due to a reasonable cause .
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS : Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 615, 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor .
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
• •
of the year in which the prepayment is
made.
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s/ Thomas Me1ena
THOMAS MELENA City Administrator
•
,
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6;9:oN ZO/zo: 20:20 66/0.101
t.: Ubs 1U AL.' iax system Inquiry
Parcel No. Year General Prompt
R xx0pp5.yy029.20.14.0002 2000 Mp# R 030.20.22.0043
TVALaEYr 905'5'9' ' ' ' ' 1c thru 1'0:06:1;999 Total : LMV
Deeded Acres
VALLEY SENIOR SERVICES ALLIANC 51, 600 51, 600
'3210' 1,A E' '0OHANN'A BLVD Dist 6107 SD 0834 Bk Pg BRIGHTON MN 55112-7997 Plat g
Alternate Sec Twn Rn Lot Block
05 029 020
Escrow PT N1/2-SE1/4-NE1/4
052920 COM AT SE COR OF SD
Prop Addr Class 206-0-098 1 of 1
NO GPAS RECORD NON-HSTD
Hurst Decl Status
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N
NO BILL # ASSIGNED Mod? Action?
• PY
CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENTS
The undersigned does hereby certify that on the 11th day
of October, 1999 (being ten (10) days or more before the hearing on
said improvement) , she gave mailed Notice of Hearing (a true and
correct copy of which is attached hereto as Exhibit "A" ) of the
following described improvement, to-wit :
58th Street Improvement/Norell to Oakgreen Avenue of 1998
to the owners of each parcel of land within the area proposed to be
assessed as follows, to-wit :
Valley Senior Services Alliance
3220 Lake Johanna Boulevard
New Brighton, Minnesota 55112-7997
Helen J. Ritzer
919 South 5th Avenue
Stillwater, Minnesota 55082
John A. Ritzer
919 South 5th Avnue
Stillwater, Minnesota 55082
1
dy D. cu--
Subscrib- d an. worn to before me
this 1 h =-y of October, 1999 .
Nota Public
■tiVU�MnMMMh^n.MN^^^^^^^.^,^^nnn•
�c�
My Comm.Exp:.os i,8^CO
• •
EXHIBIT "A"
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OARGREEN AVENUE IMPROVEMENTS OF 1998
r
TO: VALLEY SnNIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD
NEW BRIGHTON, MN 55112-7997
(RITZER LANDS)
HELEN J. RITZER
919 SOUTH 5TH AVE
STILLWATER, MN 55082
JOHN A. RITZER
919 SOUTH 5TH AVE.
STILLWATER, MN 55082
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS: Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 : 00
o' clock p.m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905, 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS: considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
. .
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days aft=,,-
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
Y P P Y
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
bearing is due to a reasonable cause .
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS: Statutes, Sections 435 . 193 and 435 . 195 ,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lot, piece or
parcel of land is $ 80 , 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
•
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made .
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 % .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 , 1999 .
BY ORDER OF THE CITY COUNCIL
/s/ Thomas Melena
THOMAS MELENA City Administrator
•
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TC906S 10 T82 ACS Tax System Inquiry
Parcel No. Year General Prompt
R 05.Q29.20.14.0038 2000 Mp# R0030 .20 .22.0043
Taxpayer 9'0'5'5'9' Calc thru 100'61999 Total: EMV LMV Deeded Acres
VALLEY SENIOR SERVICES ALLIANC " " " " ' 120,000 118,200
tAXE' 'L101ANhA N'L'D
Dist 6101 SD 0834 Bk Pg
NEW BRIGHTON MN 55112-7997 Plat
Alternate Sec Twn
Rn Lot Block
05 029 020
Escrow N1/2-SE1/4-NE1/4
S5T29R20 EXC COM AT SE CORNER
Prop Addr Class 206-0-099 1 of 1
NO GPAS RECORD Hmst Decl Status NON-ESTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N
NO BILL # ASSIGNED Mod? Action?
, • •
Co ° y 0 y
CERTIFICATE OF MAILING OF NOTICE
ON HEARING ON IMPROVEMENTS
The undersigned does hereby certify that on the 11th day
of October, 1999 (being ten (10) days or more before the hearing on
said improvement) , she gave mailed Notice of Hearing (a true and
correct copy of which is attached hereto as Exhibit "A" ) of the
following described improvement, to-wit :
58th Street Improvement/Norell to Oakgreen Avenue of 1998
to the owners of each parcel of land within the area proposed to be
assessed as follows, to-wit :
Valley Senior Services Alliance
3220 Lake Johanna Boulevard
New Brighton, Minnesota 55112-7997
Elmer and Ruth Hasse/Elmer Hasse Trust
6604 29th Street North
Oakdale, Minnesota 55128
1110 gift
-- "•yam•
Subscribe. and •orn to before me
.is 11t, d of October, 1999 .
AIIIIIIIIIIIPPPRw
Notar Public
. M,.•
^gK J. VI P,LI .!
My Comm.expires J-c COCO
Ohnolowww~onneveval
• •
"EXHIBIT EXHIBIT A
• •
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE OF HEARING ON ASSESSMENTS
FOR THE 58TH STREET IMPROVEMENT/NORELL
TO OARGREEN AVENUE IMPROVEMENTS OF 1998
TO: VALLEY SENIOR SERVICES ALLIANCE
3220 LAKE JOHANNA BLVD.
NEW BRIGHTON, MN 55112-7997
(HASSE LANDS)
ELMER AND RUTH HASSE/ELMER HASSE TRUST
6604 29TH ST. NO.
OAKDALE, MN 55128
TIME AND PLACE Notice is hereby given that the City
GENERAL NATURE OF Council of the City of Oak Park Heights,
IMPROVEMENTS : Minnesota, will meet at the City Hall in
the City of Oak Park Heights, Minnesota
on the 26th day of October, 1999 at 7 :00
o' clock p .m. to consider objections to
the proposed assessments for 58th Street
Improvement/Norell to Oakgreen Avenue
Improvements of 1998 heretofore ordered
by the City Council .
ASSESSMENT ROLL The proposed assessment roll is on file
OPEN TO INSPECTION: with the City Clerk and open to public
inspection.
AREA PROPOSED The area proposed to be assessed consists
TO BE ASSESSED: of every lot, piece or parcel of land
benefited by said improvement, which has
been ordered made and is as follows : See
attached map annexed hereto as Exhibit 1 .
TOTAL AMOUNT OF The total amount proposed to be assessed
PROPOSED ASSESSMENT: is $905 , 000 . 00 .
WRITTEN OR ORAL Written or oral objections will be
OBJECTIONS : considered at the hearing.
RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the District
Court of Washington County pursuant to
Minnesota Statutes, Section 429 . 081 by
serving notice of the appeal upon the
Mayor or Administrator of the City within
. •
30 days after the adoption of the
assessment and filing such notice with
the District Court within ten days after
service upon the Mayor or Administrator.
LIMITATION ON No appeal may be taken as to the amount of
APPEAL: any assessment adopted by the City
Council unless a written objection signed
by the affected property owner is filed
with the Administrator prior to the
assessment hearing or presented to the
presiding officer at the hearing. All
objections to the assessments not
received at the assessment hearing in the
manner prescribed by Minnesota Statutes,
Section 429 . 061 are waived, unless the
failure to object to the assessment
hearing is due to a reasonable cause .
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS : Statutes, Sections 435 . 193 and 435 . 195,
the City may, at its discretion, defer
the payment of assessments for any
homestead property owned by a person 65
years of age or older for whom it would
be a hardship to make the payments .
However, the City Council as to this
project has elected not to establish a
deferment procedure pursuant to those
sections .
SPECIFIC AMOUNT TO The amount to be specifically assessed
BE ASSESSED: against your particular lots, pieces or
parcels of land is $ 160 , 000 . 00 .
PREPAYMENT: You may prepay the entire assessment to
the Treasurer of the City until the
assessment roll is certified to the
County Auditor; after certification to
the County Auditor, prepayments of the
•
entire amount remaining due may be made
to the Treasurer at any time prior to
November 15 of any year.
NO PARTIAL PAYMENT: The City Council has not authorized the
partial prepayment of assessments prior
to certification of the assessment or the
first installment to the County Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the
INTEREST, OR WITH entire assessment is paid within 30 days
INTEREST TO END OF from the adoption of the assessment roll .
YEAR: At any time prior to November 15 of any
year, the owner may prepay to the
• •
Treasurer the whole assessment remaining
due with interest accrued to December 31
of the year in which the prepayment is
made .
INTEREST RATE: If the assessment is not prepaid within
30 days from the adoption of the
assessment roll, interest will accrue on
the assessment at the rate of 6 . 0 t .
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution.
DATED: October 11, 1999 1999 .
BY ORDER OF THE CITY COUNCIL
Is/ Thomas Melena
THOMAS MELENA City Administrator
•
•
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TC906S 10 T82 ACS Tax System Inquiry
Parcel No. Year General Prompt
R 05.029.20 .12 .0040 411 2000 MP#
Taxpayer 11361. ' ' ' Calc thru 1'6061999 Total : EMV LMV Deeded Acres
EL 'R & RUTH HAASE " " " " ' 375, 800 - 32,200
'66'0'4 '2'9'T't1 'S' Dist 6104 SD 0834 Bk Pg MN 55128 Plat HAASE ADD g
Alternate Sec Twn Rn Lot Block
Escrow OIITLOT A HAASE ADDITION OAK
PARK HEIGHTS CITY
Prop Addr Class 101-0-099 1 of 1
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
NO BILL # ASSIGNED Notice Proposed Screen? N GA Exists
Mod? Action?
TC906S 10 T82 ACS Ta ystem Inquiry
Parcel No. Year General Prompt
R 05,029.20.11.0040 2000 MP# R 5.029 .20 .11.0040
" 1'9'3'6"6'
TaX�pp�ayyer ' ' ' ' ' Calc "thru 1061999 Total • EMV LMV Deeded Acres
ELMER HAASE
665,200 145, 100
'6"604 N-/9TH ST' Dist 6101 SD 0834 Bk Pg
OAKDALE lei 55128 Plat RLS # 114
Alternate Sec Twn Rn Lot Block
Escrow TRACT A RLS #114 OAK PARK
HEIGHTS CITY
Prop Addr Class 206-0-099 1 of 2
NO GPAS RECORD Hmst Decl Status NON-HSTD
Original Abat/Addn Collections Balance
Net Tax
Special Asmts
Total before P&I
Penalty
Interest
Fees
* * TOTALS
Notice Proposed Screen? N GA Exists
NO BILL # ASSIGNED Mod? Action?
• •
» »
xc s� t,t»a -, x �x Arta �a x
x
From: jjohnson [jjohnson @cityofoakparkheights.com]
Sent: Friday, October 22, 1999 10:01 AM
To: 'Karen Shimon'; 'Dave Hanson'; 'Lindy Swanson'; 'Joe Anderlik'
Cc: 'Thomas Melena'
Subject: Citizen Compliant 58th Street landscaping and a few other issues.
A citizen called in and complained that the landscaping contractor was working in the streets and
blocking lanes of traffic without any warning signs. He also stated that none of their vehicles had
warning lights.
Our Specs call for warning signs. They only call for vehicle flashing lights when working at night.
Lindy: Are flashing warning lights required for equipment operating in open streets such as bob
cats and tractors?
Joe: For safety purposes should we upgrade the standard specs to include requiring flashing
warning lights on construction equipment/vehicles operating on open city streets.
Also when watering the grass they sprayed water into open car windows in the City Hall parking
lot.
They still have not come in to get a hydrant use permit.
They planted sod which obstructs the inlets to the bee hive on 58th and Oakgreen Ave. The sod
was not rolled ( I am assuming that they will be rolling today)and is planted above the edge of the
path (Oakgreen is not bad since the edge of the path drops so low, I only walked a little ways up
58th this morning). When we plow the paths this winter the sod will be removed by the edge of
the plows. Since it is not installed to specification they should be told that they will be responsible
to replace any sod removed by path plowing.
When does the thirty day warranty on the sod start. Hopefully, it will be with next growing season
in the spring of 2000.
Jay
612 439 2923
02/27/96 13:43 ECK, LAW FIRM 4 OPH NO.523 P501
PROMISSORY NOTE
$60, 000 . 00 February 27, 1996
FOR VALUE RECEIVED, CITY OF OAK PARK HEIGHTS, a municipal
corporation under the laws of the State of Minnesota does hereby
promise to pay to the order of HELEN J. RITZER, a single person and
JOHN RITZER, a single person, or the survivor of the other, or
order, the sum of Sixty Thousand and 00/100 Dollars ($60, 000 . 00) ,
to be payable as follows:
Twenty Thousand and 00/100 Dollars ($20, 000 . 00) paid with
receipt in execution of this Note and the balance of
$40, 000 . 00 with interest thereon at the rate of 5 .47% per
annum from the date of this note in two installments of
$20, 000.00 plus the accrued interest on each on February
16, 1997 and February 16, 1998 .
All or any part of the unpaid balance of this Note may be
prepaid at any time without penalty.
The failure to pay installments due hereunder shall give
the holder of this Note the right and option to declare the
principal sum due and payable, and failure to exercise said option
at any time shall not operate as a waiver of said option in case of
subsequent default .
The maker, endorser, and guarantor hereof waives
presentment or payment, notice of nonpayment, protest and notice of
protest .
CITY OF OAK PARK HEIGHTS
Barbara H. O'Neal
Mayor
Michael 1 .eetson
City Administrator
• •
c 0 py
OFFICES L AW O GES F O
ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER.MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS Direct Dial (612) 351-2118 THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
March 7, 1996
Mr. John Rheinberger
Attorney At Law
5995 Oren Avenue North •
• Stillwater, MN 55082
•
In Re : Our Client: City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer
and James Ritzer
Dear John:
Enclosed herewith you will find the original Promissory
Note now issued by the City of Oak Park Heights, and a copy of the
closing commitment signed by both parties .
The originals of the Deeds have been recorded in the
office of the County Recorder, and I have asked the City Clerk to
calendar ahead the payment dates on the Promissory Note so that
they can be made in a timely fashion in the t . - ubsequent years to
follow. I expect that Mr. Robertson will •erect he payment on the
Promissory Note to your offices on beh- f of H= en and John Ritzer
unless you direct him otherwise.
Yours ve - truly,
'r
M- k J. Vierling
MJV:dmr
Enclosures
c : Mike Robertson
• •
u_-
{fir
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J. VIERLING DAVID K.SNYDER
February 16, 1996
. 1gEll
MR JOHN RHEINBERGER Q
•
ATTORNEY AT LAW FEB 5995 OREN AVENUE NORTH 2
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
Enclosed you will find the original set of closing documents
sent to you in advance of the closing set for February 27, 1996 at
1 :30 p.m. in my office.
Yours very truly,
•
Mark J. Vierling
MJV/smp
Enclosures
j
cc : Mr. Michael Robertson
blind p.s. Judy:
We will need the funds necessary to make the downpayment under
the Promissory Note, (i .e . $20, 000 . 00) made payable to Helen
J. Ritzer and John Ritzer for the closing held in our office
on February 2, 1996.
). 0(3) 3-4'<-
cc
N `�v
•
PM Form No.3-M—WARRANTY DEED Minnesota Uniform Conveyancing Blanks(1978) MILLER/DAVIS CO.MPLS.MN
Individual(s)to Corporation • •
or Partnership
No delinquent taxes and transfer entered;Certificate
of Real Estate Value( )filed( )not required --_
Certificate of Real Estate Value No.
•
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ 198 .00
Date: , 19
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Helen J. Ritzer, a single person and
John Ritzer, a single person , Grantor(s),
(marital status)
hereby convey(s)and warrant(s)to City of Oak Park Heights
, Grantee,
a municiapl corporation under the laws of Minnesota
real property in Washington County,Minnesota,described as follows:
See Attached Exhibit A. •
•
(if more space is needed,continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here Helen J. Ritzer •
STATE OF MINNESOTA
John Ritzer
ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this day of , 19 ,
by Helen J. Ritzer, a single person and John Ritzer, a single
person , Grantor(s).
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real property described in this instrument should
be sent to(Include name and address of Grantee):
THIS INSTRUMENT WAS[)RAI'CED BY(NAME AND ADDRESS):
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff City of Oak Park Heights •
& Vierling, P.L.L.P. P. O. Box 2007
1835 Northwestern Avenue Oak Park Heights, MN 55082
Stillwater, MN 55082
(612) 439-2878
•
EXHIBIT A
Legal Description
A perpetual easement for public roadway, drainage and
utility purposes over all that part of the North Half of
the Southeast Quarter of the Northeast Quarter of Section
5, Township 29, Range 20, Washington County, Minnesota,
which lies within an 80 .00 foot strip whose centerline is
described as beginning at the northwest corner of said
Southeast Quarter of the Northeast Quarter; thence on an
assumed bearing of North 89 degrees 42 minutes 10 seconds
East along the north line thereof 645 .38 feet; thence
southeasterly 268 .27 feet along tangential curve concave
to the southwest having a central angle of 38 degrees 25
minutes 36 seconds and a radius of 400 . 00 feet, thence
South 51 degrees 52 minutes 14 seconds East and tangent
to said curve 84 .22 feet, thence easterly 279 .25 feet
along a tangential curve concave to the north having a
central angle of 40 degrees 00 minutes and a radius of
400 . 00 feet; thence North 88 degrees 07 minutes 46
seconds East and tangent to last described curve 113 . 00
feet to a point on the east line of said North Half of
the Southeast Quarter of the Northeast Quarter distant
440 . 00 feet north from the southeast corner thereof and
said centerline there terminating.
•
ACKNOWLEDGEMENT AND INFORMATION
REQUEST FOR PROPERTY
SELLERS : Helen J. Ritzer and John Ritzer
BUYERS : City of Oak Park Heights
CLOSING DATE: FILE NUMBER: 1501-2996
The Buyers agree if requested by Seller to fully cooperate and
adjust for clerical errors, any or all closing documentation deemed
necessary or desirable in the reasonable discretion of Seller,
including but not limited to the ability to sell, record,
memorialize or transfer to any entity. The undersigned Buyer does
hereby agree and covenant in order to assure that all documentation
executed this date will conform and be acceptable in the market
place in the instance of transfer, sale or conveyance and will
cooperate to re-execute deeds, if required to correct any errors in
description shown by subsequent surveys, if any.
CITY OF OAK PARK HEIGHTS
Helen J. Ritzer Barbara H. O'Neal
Mayor
John Ritzer Michael J. Robertson
City Administrator
i •
PROMISSORY NOTE
$60, 000 . 00 February 27, 1996
FOR VALUE RECEIVED, CITY OF OAK PARK HEIGHTS, a municipal
corporation under the laws of the State of Minnesota does hereby
promise to pay to the order of HELEN J. RITZER, a single person and
JOHN RITZER, a single person, or the survivor of the other, or
order, the sum of Sixty Thousand and 00/100 Dollars ($60, 000 . 00) ,
to be payable as follows:
Twenty Thousand and 00/100 Dollars ($20, 000 .00) paid with
receipt in execution of this Note and the balance of
$40, 000 . 00 with interest thereon at the rate of 5 .479s per
annum from the date of this note in two installments of
$20, 000 . 00 plus the accrued interest on each on February
16, 1997 and February 16, 1998 .
All or any part of the unpaid balance of this Note may be
Y P P Y
prepaid at any time without penalty.
The failure to pay installments due hereunder shall give
the holder of this Note the right and option to declare the
principal sum due and payable, and failure to exercise said option
at any time shall not operate as a waiver of said option in case of
subsequent default .
The maker, endorser, and g uarantor hereof waives
presentment or payment, notice of nonpayment, protest and notice of
protest .
CITY OF OAK PARK HEIGHTS
Barbara H. O'Neal
Mayor "
Michael J. Robertson
City Administrator
STATE OF MINNESOTA, )�
ss. AFFIDAVIT REGARDING SELLER(S)
County of WASHINGTON)
HELEN J. RITZER, E � s°
being first duly sworn, on oath say(s) that :
1 . She is the person named as grantors in the document dated
and filed for record , 19 , as Document No. , (or in
Book of Page ) in the Office of the (County
Recorder) (Registrar of Titles) of Washington County, Minnesota.
2 . Said person is of legal age and under no legal disability with no legal
disability with place of business (es) (respectively) at
and for the last ten years (has) (have) resided at :
years at
years at
years at
years at
3 . There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said
person(s) during the time said person (s) (have) (has) had any
interest in the premises described in the above document
( "Premises") ;
b. Unsatisfied judgments of record against said person (s) nor any
actions pending in any courts, which affect the Premises;
c . Tax liens against said person(s) ; except as herein stated:
4 . Any bankruptcy, divorce or dissolution proceedings of record against
parties with the same or similar names, during the time period in which
the above named person(s) (has) (have) had any interest in the Premises,
are not against the above named person(s) .
5 . Any judgments, or tax liens of record against parties with the same or
similar names are not against the above named person(s) .
6 . There has been no labor or materials furnished to the Premises for which
payment has not been made .
7. There are no unrecorded contracts, leases, easements, or other or
interests relating to the Premises except as herein:
8 . There are no persons in possession of any portion of the Premises
other than pursuant to a recorded document except as stated herein:
9 . There are no encroachments or boundary line questions affecting the
Premises of which Affiant (s) (has) (have) knowledge .
Affiant (s) know(s) the matters herein stated are true and make (s) this
Affidavit for the purpose of inducing the passing of title to the Premises.
Helen J. Ritzer
Subscribed and sworn to before me this day of , 1996 .
Notary Public
Notarial Stamp or Seal This` Instrument was drafted by:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L. P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
STATE OF MINNESOTA, I
ss. AFFIDAVIT REGARDING SELLER(S)
County of WASHINGTON)
JOHN RITZER, (� -,
being first duly sworn, on oath say(s) that : ° TM'
1 . He is the person named as grantors in the document dated
and filed for record , 19 , as Document No. , (or in
Book of Page ) in the Office of the (County
Recorder) (Registrar of Titles) of Washington County, Minnesota.
2 . Said person is of legal age and under no legal disability with no legal
disability with place of business (es) (respectively) at
and for the last ten years (has) (have) resided at :
years at
years at
years at
years at
3 . There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said
person (s) during the time said person (s) (have) (has) had any
interest in the premises described in the above document
( "Premises") ;
b. Unsatisfied judgments of record against said person (s) nor any
actions pending in any courts, which affect the Premises;
c. Tax liens against said person (s) ; except as herein stated:
4 . Any bankruptcy, divorce or dissolution proceedings of record against
parties with the same or similar names, during the time period in which
the above named person (s) (has) (have) had any interest in the Premises,
are not against the above named person(s) .
5 . Any judgments, or tax liens of record against parties with the same or
similar names are not against the above named person (s) .
6 . There has been no labor or materials furnished to the Premises for which
payment has not been made . •
7 . There are no unrecorded contracts, leases, easements, or other or
interests relating to the Premises except as stated herein:
8 . There are no persons in possession of any portion of the Premises
other than pursuant to a recorded document except as stated herein:
9 . There are no encroachments or boundary line questions affecting the
Premises of which Affiant (s) (has) (have) knowledge .
Affiant (s) know(s) the matters herein stated are true and make (s) this
Affidavit for the purpose of inducing the passing of title to the Premises .
John Ritzer
Subscribed and sworn to before me this day of , 1996 .
•
Notary Public
Notarial Stamp or Seal ThislInstrument was drafted by:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
• 410
LAW OFFICES OF CC (42.2
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A. WOLFF SUSAN D.OLSON
MARK J.VIERLING Direct Dial (612) 351-2118 DAVID K. SNYDER
February 8, 1996
MR JOHN RHEINBERGER
ATTORNEY AT LAW FEB - 9 IN
5995 OREN AVENUE NORTH
STILLWATER MN 55082
r@CEEIWE- ‘,
i
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
For purposes of establishing interest on the Promissory Note
that has been discussed between the City of Oak Park Heights and
your clients, we would propose to establish an interest rate based
upon what the City' s experience as has been in the League of
Minnesota' s 4M Fund. The League of Minnesota maintains an
investment fund for all their member cities, which many cities,
including the City of Oak Park Heights, have subscribed to as an
authorized depository. That fund in 1995 had an average interest
of 5 .479 which is what I would propose to be implemented for
purposes of the Promissory Note. If you would like that interest
rate to float we could even stipulate to the use of the League of
Minnesota' s 4M Fund interest rate for purposes of establishing the
interest to be collected for calendar year 1997 prior to the final
payment .
Perhaps after you have had a chance to look at this matter,
please contact me so that we may discuss same further.
Yours very truly,
" 9\
Mark J. Vierling
MJV/smp
cc : Mr. Michael Robertson /
• • f/--:- It:
1
L ° '
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. UUU
1835 NORTHWESTERN AVENUE
STILLWATER,MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A. WOLFF SUSAN D. OLSON
MARK J. VIERLING DAVID K.SNYDER
February 6, 1996
1, 7 f
MR JOHN RHEINBERGER ± (!
ATTORNEY AT LAW FEB - 7 1996 ` ,
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
Enclosed you will find a proposed set of closing documents
with regard to the Oak Park/Ritzer acquisition issues . Please
review them and advise me as to whether or not the same are
acceptable after which we can set a closing date and time.
I would also propose that the parties would pro-rate real
estate taxes due and payable for calendar year 1996 to the date of
closing. Our preliminary check with the Courthouse reveals no
assessments or green acre status on this property but I would ask
that you confirm same with your client as well .
Yours very truly,
•
•
Mark J. Vierling
MJV/smp
Enclosures
r'
cc: Mr. Michael Robertson "-'".
•
LAW OFFICES OF ( \�
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J.VIERLING Direct Dial (612) 351-2118 DAVID K. SNYDER
January 9, 1996
MR JOHN RHEINBERGER
ATTORNEY AT LAW
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Our Client : City of Oak Park Heights
Dear John:
I have reviewed your letter of December 19, 1995 with the City
Council for the City of Oak Park Heights. In general, the Council
has indicated their g willingness to go ahead and complete the
g P
transaction along the lines that you have indicated within your
correspondence. Prior to that time, however, I would like to
perform a title examination on your client' s property and for that
purpose, I would ask that they provide us with a copy of their
Abstract of Title on the property which we will undertake to bring
current for examination purposes .
With regard to your question set forth in the fourth paragraph
of your December 19, 1995 correspondence, you have questioned as to
what right to use the right-of-way or area of 58th Street will the
owners have pending construction of the road and how this will
effect access after the road is built . I am not sure as to what
use your client presently puts to the property or what use they
would desire to put to the property, perhaps you could clarify that
for me.
As far as access is concerned, I do not see where Y our
client' s current access to his property would be any different from
what it is right now. Naturally, once 58th Street is constructed
by the City, access will adjusted depending, of course, how the
Ritzer family P
it' s develops it' parcel.
Yours very truly,
/
Mark J. Vierling
MJV/smp
cc: Mr. Michael J. Robertson -
JANIO
• • � � o
RHEINBERGER& RHEINBERGER �'
ATTORNEYS AT LAW
•
CENTRAL BANK BUILDING-SUITE 203
5995 OREN AVENUE NORTH
P.O.BOX 229
STILLWATER,MINNESOTA 55082
JOHN H. RHEINBERGER TELE 16121439-7212
FRANCIS J. RHEINBERGER. FAX(612)439-9103
ALSO ADMITTED TO WISCONSIN BAR
December 19, 1995
Mr. Mark J. Vierling
Eckberg, Lammers, Briggs,
Wolff & Vierling
Attorneys at Law
1835 Northwestern Avenue
Stillwater, Minnesota 55082
Re : Helen J. Ritzer, John A. Ritzer and James Ritzer
City of Oak Park Heights
Dear Mark:
This is in response to your letter of December 13, 1995.
My clients would like to retain the part of their
property lying north of the proposed right of way for
whatever limited use it may have . They also believe their
demand of $60, 000 .00 is fair.
As to the manner of payment they would prefer to take it
in three annual installments, including the agreed rate of
interest on unpaid balances, beginning in 1996.
You mention that the City would now like to take fee
title to the land rather than an easement . If so, what right
to the use of right of way will the owners have pending
construction of the road and how will this affect access
after the road is built?
Very y yours,
John H. Rheinberger
JHR/wew
• • '`f:
LAW OFFICES OF C�l'�✓ v
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
°11111111111111 f f f n nR
MARK J.VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D.OLSON December 13 , 1995 s
CITY OF
OAK PARK HEIGHTS
MR JOHN RHEINBERGER
ATTORNEY AT LAW
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
I have met with the City Council and reviewed the appraisal
results that were produced for the City affecting the acquisition
of 58th Street . I have also relayed to the Council the information
that you had provided me as it affected your appraisal of the
property in question and the impact on your client .
It was my understanding following our meeting that your
client' s appraisal indicated that the parcel located to the north
of 58th Street that would be severed by the 58th Street
acquisition, would be of no value and that your appraisal placed a
total damage acquisition value of $65, 000 . 00 on both the street and
that parcel . I am aware that your client' s offer to the City at
this time has been to convey what we need for the right of way for
58th Street for the price of $60, 000 . 00, however, given the issues
that have been presented affecting the damage to the parcel to the
north of 58th Street and your appraisal results, it is the position
of the Oak Park Council that they are prepared and would agree to
a acquire the entirety of what we require for the right-of-way
taking in addition to the 1 . 75 acre parcel to the north of the 58th
Street taking and pay your client the entirety of their demanded
purchase price of $65, 000 . 00 .
I understand your client' s are also interested in having that
payment spread out for tax purposes over 3 years with the first
payment commencing- immediately and the balance of the payments
occurring in calendar years 1996 and 1997 in January with the
interest rate calculated at the same rate of interest that -the City
is now presently earning on its investments. That aspect also has
been approved by the City Council provided that we can acquire the
parcels in the manner that I have indicated above.
mm
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D. OLSON
MARK J.VIERLING DAVID K.SNYDER
November 20 , 1995
NOV 221995
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 . Ritzer, et al
Dear Mike :
Enclosed herewith for your information please find a copy of
correspondence dated November 17 , 1995 wherein Mr. Rheinberger has
confirmed November 29, 1995 at 10 : 00 o' clock a.m. at the City Hall
at which time we will exchange and review appraisals regarding the
above-referenced matter. Please mark your calendar accordingly and
if you have any questions or concerns regar. ' • t i , please let me
know.
Yours ery tru + ,
/,
Mar . J. Vierling
MJV/smp
•
Enclosure
• •
, ,
RHEINBERGER& RHEINBERGER ,` ^.,,,
ATTORNEYS AT LAW ., t ( //f/ f,�C-,\
CENTRAL BANK BUILDING-SUITE 203 ( _
5995 OREN AVENUE NORTH
P.O.BOX 229
STILLWATER,MINNESOTA 55082
JOHN H.RHEINBERGER TELE 18121 439-7212
FRANCIS J. RHEINBERGER• FAX 1612)439-9103
•ALSO ADMITTED TO WISCONSIN BAR
November 17, 1995
Mr. Mark J. Vierling
Eckberg, Lammers, Briggs,
Wolff & Vierling
Attorneys at Law
1835 Northwestern Avenue
Stillwater, Minnesota 55082 •
Re: Helen J. Ritzer, John A. Ritzer and James Ritzer
City of Oak Park Heights
Dear Mark :
A tentative date of November 29, 1995, say at 10 :00 A.M.
at the Oak Park Heights City Hall would be agreeable.
Hopefully our appraiser will have something to go on for
discussion purposes .
Please verify.
Ve , ly yours,
/111/Y3,
John H. Rheinberger
JHR/wew
• • • ( , '
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING, P.L.L.P.
t8-35 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
November 13 , 1995
MR JOHN RHEINBERGER
ATTORNEY AT LAW
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Our Client : City of Oak Park Heights
Dear John:
Thank you for your correspondence of November 7, 1995 .
Presuming your appraiser will have his work completed by
Thanksgiving, perhaps we could at least set a date tentatively for
meeting in the week following Thanksgiving. I would propose
g 9
Wednesday, November 29, 1995 . Please let me know if that is
acceptable .
With regard to your inquiry to statutory authority for
municipal right of acquisition outside of its limits, please refer
to Minn. Stat . §465 . 01.
Yours very truly,
Mark J. Vierling
MJV/smp
cc : Mr. Michael J. Robertson
• i ty
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
CRTH`NESTER^: A`,"...c
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 November 6, 1995
MR JOHN RHEINBERGER
ATTORNEY AT LAW
•
5995 OREN AVENUE NORTH
•
STILLWATER MN 55082
RE: Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Our Client : City of Oak Park Heights
Dear John:
I presume by now that your clients had the opportunity to
secure an appraiser and should be in the process of completing that
appraisal. Please advise us as to when we can set up another
meeting with our respective clients to exchange appraisals and
begin the process of negotiating the issues that need to be
discussed between these two parties .
Yours very truly,
Mark J. Vierling
MJV/smp
cc : Mr. Michael J. Robertson V
•
LAW OFFICES OF co D
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
'835 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 5, 1995
MR JOHN RHEINBERGER
ATTORNEY AT LAW
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
Enclosed herewith you will find a copy of the August 10, 1995
front page of the appraisal establishing a value of your client' s
property of $52, 500 .00 . I understand that you will be engaging
your own appraisal in this matter and we agree to exchange
appraisals with you and otherwise come to another meeting to review
those appraisals as soon as you are prepared to do so, presumably
before late November of this year.
As I indicated to you previously, we would not disclose the
contents of our appraisal prior to exchanging same with your office
inasmuch as the same would provide an unfair advantage to the City.
I can, however, tell you that for purposes of our appraisal, we
have estimated that the property that would be severed by the
location of the street as proposed i.e. that property which would
lie north of 58th Street, is considered a buildable lot within our
appraisal and suitable for the location of a single family home.
You, of course, may wish to have your own appraiser review the
City' s Ordinances and determine whether or not he would come to the
same conclusion and if so or not, adjust your appraisal
accordingly.
After you have had your appraisal completed, please contact me
so that we can schedule another meeting.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc : Mr. Michael Robertson ✓
410
•
LAW OFFICES OF 11 .-) \
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. ' L; U/
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 September 19, 1995
• MR JOHN RHEINBERGER
ATTORNEY AT LAW
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
Thank you for your call to let me know that you would be
representing the Ritzer family as it affects the City' s desire to
acquire some of their property for 58th Street .
I had previously been in contact with members of the family by
correspondence dated September 7, 1995, a copy of which I enclose
and had been given the courtesy of a call back from Mr. James
Ritzer on the matter.
As Mr. Ritzer and I had discussed, I have set aside the
morning hours of Monday, October 2, 1995 to be available to meet
with the Ritzer family and also invite the City Engineer to be
present so as to answer any of their questions with regard to the
location and construction of the public right-of-way by the City of
Oak Park Heights . As you also know, we have completed appraisals
on the property and we will have those present at the same time.
If you have any questions or concerns with regard to this
matter prior to October 2, 1995, please feel free to contact me
directly. If October 2nd does not appear to be a convenient time
for you and your clients to meet on this matter, please advise me
and we shall also reschedule accordingly. Perhaps it would be best
if the meeting could be held at the Oak Park Heights City Hall
411 110
MR JOHN RHEINBERGER
Page Two
September 19, 1995
inasmuch as the related maps and drawings with the area would also
be accessible, should any questions arise on those matters as well.
Yours very truly,
C /
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson
Mr. Joe Anderlik
•
ri
1tt. ri
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
.1835 NORTHWESTERN AVENUE-•
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D. OLSON
MARK J.VIERLING
DAVID K.SNYDER
February 16, 1996 -2
MR JOHN RHEINBERGER
ATTORNEY AT LAW 2 0 1996
5995 OREN AVENUE NORTH
STILLWATER MN 55082
RE: Our Client : City of Oak Park Heights
Your Client : Helen J. Ritzer, John A. Ritzer and James Ritzer
Dear John:
Enclosed herewith please find a revised draft from the
Surveyor on the Sketch and Descriptions for the easements to be
obtained from your client . I am assuming this description is
acceptable and we will incorporate it into the final documents in
this matter. If you have any questions, please do not hesitate to
contact me. •
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertsoni..7
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