HomeMy WebLinkAbout13.c. Hawkins Pond Settlement - Ervasti Appeal s \
C�1 P.O. BOX 510
Z(, � 2875-145TH ST. W.
�+ � �1 ROSEMOUNT. MINNESOTA 55068
OJ��D iiF.�� 612-423-4411
ITEM #13 �
Map 30, 1990
TO: Mapor Napper
Council Members: Klassen
Oxborough
Willcox
Wippermann
FROM: Stephan Jilk, Citq Administrator `
RE: Settlement Proposal - Ervasti Appeal
_ Hawkins Pond Project
Attached is a proposed appeal settlement for one of the
properties assessed for the Hawkins Pond Project. The settlement
agreement is quite explanatorp, but verp briefly:
This was a parcel assessed as a commercial property so
the per unit and unit number was higher than a
residential rate assessed to other residential type
properties in the assessed area. Following the
assessment the property was re-zoned to (R-2) multi- -
family and the propertp is a duplex. The assessment
was appealed and we have suggested that assessment be
lowered to reflect the zoning of the property, that
being R-2.
The Ervasti' s have agreed and I would recommend your approval of
the settlement.
A simple motion to approve the proposed settlement of the appeal
for the Hawkins Pond Assessment on Parcel #34-03010-010-54 and to
direct that the adjusted assessment be noted with the Dakota
County Auditor would be in order.
1j
/ i
LAW OFFICES
GRANNIS & HARMEYER
403 NORWLST BANK BUILDING � � . . � �
DAVID L. GRANNIS 1C1 NORTH CONCORD EXCHANGE �� � � RUBY.E. OCHS . .
DAVID L. HARMEYER LFcni. ASSISTAN'I
SOUTH ST. PAUL, MINNESOTA SSO�S
DOUGLAS F. PEDERSEN
� � � � . TELEPHONE: ��12� 455-1GG1 � � � .
Fnx: (612) 455-2359
��������
May 16, 1990 tr��Y r ,.
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Richard Hefti
Rosemount City Engineer
P.O. Box 510
2875 - 145th Street West
Rosemount, MN 55068
RE: Hawkins Pond Assessment Appeal - Ervasti Parcel
Dear Rich:
Enclosed is a Settlement Agreement which has been signed by the Ervastis. Please have
the Agreement approved by the Council and signed by Mayor Napper and Steve Jilk.
Keep a copy for your files and return the original to me so that I can file it with the
court. Also please initiate whatever procedure is necessary to adjust the amount of the
assessment with the County Auditor.
If you have any questions or concerns give me a call.
Very truly yours,
GRANNIS & HAR.MEYER
B � ���--..--
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Douglas P. Pedersen
DPP/klt
Encs.
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Case Type: Other Civil
------------------------------ COURT FILE NO. C6-89-8155
Kevin J. Ervasti and
Mary Kaye Ervasti,
APpellants,
vs. � SETTLEMENT AGREEMENT
City of Rosemount, a municipal
corporation,
Respondent. .
AGREEMENT made this day of March, 1990, by,
between, and among the City of Rosemount, a Minnesota municipal
corporation ("City"} , and Kevin J. Ervasti and Mary Kaye Ervasti,
husband and wife ("Ervastis") .
RECITALS
WHEREA$, on October 3, 1989, the City levied a special
assessment against the following described property ("subject
property") for improvement project 176 in the principal amount of
$2 , 420. 00:
PARCEL NUMBER ASSESSr�ENT
34-03010-010-54 $ 2,420. 00
and
WHEREAS, the zoning of the subject property was commercial
(C-1) zoning at the time the assessment roll was prepared; and
WHEREAS, the Rosemount City Council adopted a comprehensive
�
rezoning ordinance on or about September 19, 1989 which changed
the zoning of the subject property to a residential (R-2)
classification; and
. .� ..� .'�!
WHEREAS, on or about October 31, 1989, Ervastis filed a
Notice of Appeal of the above-referenced special assessment; and
WHEREAS, the parties hereby acknowledge and confirm the
residentia.l zoning of the subje.ct property subject to the
continuing right in Ervastis, their successors and assigns, to �
use the property as a day care center, nursery and montessori
school as a non-conforming use within the terms of Section 13 of
said zoning ordinance, and wish to settle the dispute concerning
the special assessments.
NOW THEREFORE, in consideration of the fact that the zoning
is residential (R-2) with non-conforming use rights as stated
above and not commercial (C-1) , the partie� agree as foilows:
1. The special assessments for project 176 against the
subject property in the reduced principal amount of $408 . 00 is
agreed upon and confirmed by the parties.
2 . The Ervastis shall cause to be executed and delivered to
the City a Stipulation of Dismissal with prejudice -of their
Notice of Appeal of the above mentioned special assessment.
3 . The City will cause the Dakota County tax records to be
amended to conform to this stipulation.
In WITNESS WHEREOF, the parties have entered into this ��-
Agreement the day and year first above written.
CITY OF ROSEMOUNT
.
. ;
By
Kevin J. E asti Vernon Napper, Mayor
G, ___
r gy
Mary K e vasti eph n Jilk,
City Administ or/Clerk