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HomeMy WebLinkAbout7. White Lake Acres Assessment HearingAFFIDAVIT OF PUBLICATION PUBLIC NOTICE Wong e/ Hoariey ea Propead An„nmanf TO ICE I rr MAY COWCERN, NOTICE IS HEREBY GIVEN, that the STATE OF MINNESOTA ) Rosemount City Council will meet at &oQ. SS Ba P.M. or as an thereafter as possible an September � J County O1I Dakota 15, 1907, at the Rosemount City Nall, M5145th Street West in Rosemount to i pass upon the proposed assessment for the street improvements to Willie Lake Acres. The following is the area proposed to be assessed: All ofW1ots A h B; Iat3T1 Block t; Lots 1-8 Block 2; and Lots 1.7 Block 3 in the White Lake Acres Addition. NANCY J. GUSTAFSON, being duly sworn, on oath says that she is on authorized agent and The proposed assessmenlroli is on file for public inspection,at the city clerk's office. employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge The total amountof the proposed assessment is $232,021.90, Written or oral objections will be considered at the meeting. No appeal may of the facts which are stated below: be taken as to the amount of an assessment unless a signed, written objection is Tiled with the clerk prior to the hearing or presented to the presiding officer at the (A) The newspaper has complied with all of the requirements constituting qualification as o legal hearing. The council may upon such notice consider any objection to the amount of a newspaper, as provided by Minnesota Statute 331A.02, 331 A.07 and other applicable lows, as amended'. proposed individual assessment at an ad- journed meeting upon such further notice to the affected property owners as it deems ad- e`, v visable. (B) The printed if an assessment is contested or there is an� adjourned heating, the following procedure will be followed: L The city will present its case first by calling witnesses who may testify by nar- rative or by examination, and by the in- troduction of exhibits. After each witness has testified,.. the contesting party will be allowed (o ask questions. This procedure will' be repealed with each witness until neither, side has further questions. which is attached was cut from the columns of said newspaper, and was printed and published once 2. After the city has presented all itsi evidence, the objector may call witnesses or 'present such testimony as the objector' .desires. The same procedure for questioning each week, for f7 successive weeks; it was of the city's witnesses will be followed with' the objector's witnesses. 3. The objector may be represented by; f �% counsel: first published on Thursday, the 6 day of �'� , 4. Minnesota rules of evidence will not he strictly applied; however, (hey may be con- sidered and argued to the council as to the j weight of items of evidence or testimony , 19 - " and was thereafter printed and published on every Thursday to and including presented to the council: 5. The entire proceedings will be taped- recorded. 6. At the close of presentation of evidence, : Thursday, A h The objector may make a final presentation the G� day of ,19 , 10 the council based on the evidence and the' law. No new evidence may be presented at and printed below is a copy of the lower ease alphabet from A to Z, both inclusive, which is hereby this point. An owner may appeal an assessment to acknowledged as b being the type used in the composition and publication of the notice: 9 g e size and kind of district court pursuant to Minnesota Statutes section 429.0141 by serving notice of the ap-- abcdefghijkimnopgrstuvwxyz peal u1N)n the mayor or clerk 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 clerk. /(� ('' /v f.0 Datethis day of August. tlN BY: C 1. ( L LL BY O BY ORDER OF THE CITY COUNCIL. TITLE: Sec-t0`4td t(%Pam; STEPHAN JiLK Administrator/Clerk. City of Rescmnturi Dakota County, Minnesota ``__ kk '' Subscribed and to before on �{ day f, sworn this of-�` ► T\T' 19� . 2:54 26-27 Notary Public .;� CAROL J. HAVERLAND if !1 rk NOTARY PUBLIC — MINNESOTA t DAKOTA COUNTY »' MY Commission Expires Dec. xP 3, 1%9 2875-145TH ST W: OSem n ROSEMOUNT, MINNESOTA 55068 612423-4411 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE STATE OF MINNESOTA COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Stephan Jilk, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On September 1, 1987, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding White Lake Acres Street Improvements, enclosed in ,`sealed envelopes,with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the 'addresses 'listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Stephpfi Jilk AdmiAstrator/Cll(fc/ City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this %STS day of September, 1987. N ary Pub 'c rti ti �r ,r.- 1A, ar tl TA a t�A9•JL1 LU6,11Y +` =: MY COAD! A EXPIR,LS J1jNE 11, 1992 V W4MWV%AA MJINVYIP^'VWWWWV I Ott ke. lcX S Record# PIN LOT BLK LNAME FNAME ADDRESS CITY ST ZIP UNIT RATE AMOUNT 1 34-84000-010-00 Netteburg Lyol H & Vernice 2217 Stroden Cir. Mpls Mn 55427 2 34-84000-020-00 Netteburg Lyo1 H & Vernice 2217 Stroden Cir. Mpls Mn 55427 3 34-84000-010-01 1 1 Borash Joseph A & Marilyn A 7111 153rd Ave Forest Lake Mn 55025 4 34-84000-020-01 2 1 Schwab Albert H & Mary_E 1351 Lakeside Dr. Eagan Mn 55123 5 _34-84000-030-01 3 1 Netteburg L H 2217 Stroden Cir. Mpls Mn 55427 6 34-84000-040-01 4 1 Neisius Patrick J & Diane 12525 Biscayne Ave Rosemount Mn 55068 7 34-84000-010-02 1 2 Bk & Trust Co. Richfield 6625 Lyndale Ave S. Mpls Mn 55423 8 34-84000-020-02 2 2 Nolan Mark 2300 Am. Natt. Bank BI`t St. Paul Mn 55101 9 34-84000-030-02 3 2 Romain Joseph E 8400 Normandak Lake BI, #1 Mpls Mn 55437 10 34-84000-040-02 4 2 Chilton Douglas & Cher D 7300 Brentwood Fort Worth Tx 76112 11 34-84000-050-02 5 2 Jensen Jens 'C & Viola L 9042 Emerson Ave S. MAIs Mn '55420 12 34-84000-060-02 6 2 Holmes Philip R & Janet L 14655 Dahomey Ave W. Rosemount Mn 55068 13 34-84000-070-02 7 2 Schmitz David & C Robin 20941 Chippendale Ave I Farmington Mn 55024 14 34-84000-080-02 8 2 Jante Robert Rt #3 Bloomin Prairie Mn 55917 15 34-84000-010-03 1 3 Cook Leon L 10716 Aquila Bloomington Mn 55438 16 34-84000-020-03 2 3 Land Co.` Hatlmore 5600 Cedar Ave S. Mpls Mn 55435 17 34-84000-030-03 3 3 Lunde Lee & Joyce 12590 Biscayne Ave Rosemount Mn 55068 18 34-84000-040-03 4 3 Desautels Catherine M Rt #3 Box 283 isanti Mn 55040 19 34-84000-050-03` 5 3 Netteburg L H 2217 Stroden Cir. Mpls Mn 55427 20 34-84000-060-03 6 3 Zahorka Karlan R 13629 Findaiy Ave ` Apple Vally Mn 55124 21 34-84000-070-03 7 3 Helwig Daniel & Rebecca 1650 Donald"C't. Eagan Mn 55121 22 TO: Mayor, Council, City Administrator FROM: Dean Johnson, Director of Community Development DATE: September 11, 1987 SUBJ: White Lake Acres Assessment Project fern 7, 2875 -145TH ST. W. ROSEMOUNT. MINNESOTA 55068 612--423-4411 We have unfortunately unearthed another error in completing the assessment roil for this project. Fortunately, we have adequate time to correct the situation prior to our October 6 Regular Council Meeting. I have to blame myself for not catching the mistake. The final assessment of $232,021.90 accurately reflects the total cost of the project. We spread the assessments over 21 parcels, resulting in the attached breakdown of $11,048.66/ unit. The City, however, would be inheriting two of these assessments. The County's parcel printouts still list the City's parcels in the name of Lyol Netteburg. These parcels are the City ponding outlots. I'm the only one involved in these projects that should have known of the incorrect listings. To anyone else they would appear as normal lots in private ownership. Attached are a number of documents for review and discussion at the hearing. I don't believe there is a question by anyone with knowledge of the project that the City was not going to participate in any of the costs. The attached agreement between the City and Mr. Netteburg clearly and legally states the City's exemption from assessments. The two lots are permanent ponding areas. The original estimated cost _was $370,000. The actual cost was $232,021.90. The legal pending assessment was listed as $13,000. We propose to continue the hearing to September 29 and reissue written notice of the revised assessments. At nineteen lots, the revised assessment unit will equal approximately $12,211. I regret that the property owners will get nicked for 10010 more assessment. On the other hand, the original estimate was nearly $20,000 per lot and we are still within the pending amount. I will be available to present this information at the public hearing. m ■E ,a -- 3nN3AV RIHVDVfl — - of Z10 _...� If-OZO l J ul 21 K-Ofl 3nV ^IV9N - d G M M t f N O 1 1 _ 3nN3 A oe -ofo Q C J oe-oero oa-oto _ Y ? A` a Oras 9 VONVIflCFO -- -- �p S B a V18 ! �b --011 $ 0t -0100 P , O Cb N ' . p ofo o 00 .010 o N3nV ^ ?08 0 flt-0609 „ 'g t t ___ _.__ m0 •'. (.Nt ra T n q O1 so - (NO3:OO QO O 8, • � ® � +$ 4 1 0 w ill b 90-060 (. o F 1 N 8 0 0 0 m 0 0 m ■E ,a -- 3nN3AV RIHVDVfl — - of Z10 _...� If-OZO l J ul 21 K-Ofl 3nV ^IV9N - d G M M t f N O 1 1 _ 3nN3 A oe -ofo Q C J oe-oero oa-oto _ Y ? A` a Oras 9 VONVIflCFO -- -- �p S B a V18 ! �b --011 $ 0t -0100 P , O Cb N ' . p ofo o 00 .010 o N3nV ^ ?08 0 flt-0609 „ 'g t t ___ _.__ m0 •'. (.Nt ra T n q O1 so - (NO3:OO QO O 8, • � ® � +$ 4 1 0 w ill b 90-060 (. o F 1 ;1.18 j 2875-145111 ST W V ] ROSEM011N 1. MINNESOI A 55068 J��� ©�� �� 'r . VJ ( 612 - -423-4411 PUBi L I C N O T I C E Notice of Hearing on Proposed Assessment TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the Rosemount City Council will meet at 8:00 p.m. or as soon thereafter as possible on September 15,' 1987, at the Rosemount City Hall, 2875 145th Street West in Rosemount to pass upon the proposed assessment for the street improvements in White Lake Acres. The following is the area proposed to be assessed. All of Outlots A & B; Lots 1-4 Block 1; Lots 1-8 Block 2; and Lots 1-7 Block 3 in the White Lake Acres Addition. The amount to be specially assessed against your particular lot, piece, or parcel of land is attached to this notice. You may at anytime prior to certification of the assessment to the county auditor pay the entire assessment on such property, with interest accrued to the date of payment, to the county auditor. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 8.2 percent per year. .The proposed assessment roll is on file for public inspection at the city cleric's office. The total amount of the proposed assessment is $232,021.90. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits., After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be taped -recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to district -court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk 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 clerk. Dated this 25th day of August, 1987. BY ORDER OF THE CITY COUNCIL. Stepha Silk Administrator/Cle k City of Rosemount Dakota County, Minnesota i Page No. 1 08/27/87 • White Name Lyol H & Netteburg Vernice Lyol H & Netteburg Vernice Joseph A & Borash Marilyn A Albert H & Schwab Mary E L H Netteburg Patrick J & Neisius Diane Richfield Bk & Trust Co. Mark Nolan Joseph E Romain Douglas & Chilton Cher D 11048.66 Jens C & Jensen Viola L 11048.66 Philip R & Holmes Janet L 1 David & C Schmitz Robin 1 Robert Jante Leon L Cook Hallmore Land Co. Lee & Joyce Lunde Catherine M Desautels L H Netteburg Karlan R-Zahorka 1 Daniel & Helwig Rebecca 11048.66 *** Total *** 2 • White Lake Acres Assessment. Roll U n i Lot Blk t Rate Amount 0 0 1 11048.66 11048.66 0 0 1 11048.66 11048.66 1 1 1 11048.66 11048.66 2 1 1 11048.66 11048.66 3 1 1 11048.66 11048.66 4 1 1 11048.66 11048.66 1 2 1 11048.66 11048.66 2 2 1 11048.66 11048.66 3 2 1 11048.66 11048.66 4 2 1 11048.66 11048.66 5 2 1 11048.66 11048.66 6 2 1 11048.66 11048.66 7 2 1 11048.66 11048.66 8 2 1 11048.66 11048.66 1 3 1 11048.66 11048.66 2 3 1 11048.66 11048.66 3 3 1 11048.66 11048.66 4 3 1 11048.66 11048.66 5 3 1 11048.66 11048.66 6 3 1 11048.66 11048.66 7 3 1 11048.66 11048.66 21 232021.86 ROSEW 'T CITY PROCEEDINGS Is REGUL/6% MEETING NOVEMBER 6, 1984 salaries. lie also argued that depreciation of the building and fixtures added to the net profit decline. lie elaborated on the " inequities of liquor liability laws and felt the state legislature was on the verge of correcting some of the problems. He suggested that the Council consider some interim use for the on -sale and reopen it at some time in the future. As a last resort, he urged the Council to continue operation of the off -sale, regardless of the disposition of the on - sale. No further action was taken. Lyol Netteburg, representative of the White Lake Acres property owners, was present to discuss final approvals of the subdivision. A Petition for Rezoning and Improvement of Public Street and a Special Assessment Agreement, signed by all of the property owners, were presented to the Council. MOTION by Knutson to accept the Petition for Rezoning and Improvement of Public Street and the Special Assessment Agreement and place them on file. Second by Walsh. Ayes :Walsh, Knutson, Tucker. Nays: 0. MOTION by Walsh to approve the White Lake Acres Feasibility Study and authorize the City Engineer to prepare plans and specifications for roadway improvements. Second by Tucker. Ayes: Knutson, Tucker, Walsh. Nays: 0. MOTION by Knutson to adopt Resolution 1984-47 A RESOLUTION APPROVING THE WHITE LAKE ACRES FINAL PLAT AND AGREEMENT FOR PLAT RECORDING. Second by Walsh. Ayes: Tucker, Walsh, Knutson. Nays: 0. MOTION by Knutson setting a public hearing for the rezoning of White Lake Acres from Agriculture to Rural Residential at 8:00 p.m., Tuesday, January 15, 1984. Second by Walsh. Ayes: Walsh, Knutson, Tucker. Nays: 0. See Clerk's File 1984-24. Mayor Knutson lauded Mr. Netteburg for the time and effort he personally put into the project over the past two years. Don Brown, street and utility superintendent, indicated that 121st Street was completed; except for shaping of a ponding .area and the street light contribution. MOTION by Walsh to accept 121st Street in Stonebridge Addition. Second by Tucker. Ayes: Knutson, Tucker, Walsh. Nays: 0. See Clerk's File 1984-24 Drown presented quotes on louver drapes at the fire hall. He noted that the bid from Final Touch Decorating Service was actually $1,877.00. MOTION by Walsh to approve the purchase of the louver drapes from Final Touch Decorating Service, low bidder, at $1,877.00. Second by Knutson. Ayes: Tucker, Walsh, Knutson. Nays: 0. See Clerk's File 1984-24. MOTION by Walsh to authorize the police chief to obtain bids for a 1985 squad car. Second by Tucker. Ayes: Walsh, Knutson, Tucker. Nays: 0. Kenny Gist, fire chief, requested authorization to acquire five new pagers at a metro area open bid price of $301.00 each. —2— _3_ _ as reasonable progress, in the Nominee's sole opinion, is being made toward the approval and subsequent record- ing of the plat of White Lakes Acres, C. The Nominee, upon completion of the platting process, shall execute and record Protective Covenants as above described, and execute and record the Quit Claim Deed to the City as described on Exhibit "F." 4. The City acknowledges that the Nominee is only author- ized and directed to proceed with this plan upon payment by all the private owners of land of any and all costs in connection with this plan as determined solely by the Nominee and upon execution and delivery by the City (as an owner of land) and the private owners to the Nominee of all documents required by the Nominee. 5. This Agreement shall. bind the City and. the Nominee, their heirs, successors and assigns. Dated this day of 1984. CITY OF ROSEMOUNT By I ; ) - ��. Its: Mayor.L. H. Nette-u�rg . By. Its: City Clerk STATE OF MI1414ESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this -4- Nl day of V .a,(� 1984, L andb} Notary Public STATE OF MINNESOTA ( ss. COUNTY OF DAKOTA ) he foregoing is ,ument was acknowledged before me this ,U4ilday of 1984 Y ota— ry Public i �¢ nMM4 �MAMMAnnh,M.MiMA�iMMtMa G FRANCIS J. GOGGIN NOTARY PLIWC--M,'Nk $DTA DAK07A WUkn Ir4'calnlV►�VWildsYlWVYs'YWYk'SAAwSMYr'1h'tr � -5- [I Dear Mr. Erno: This letter is to confirm our recent telephone conversation about certain properties located in the City of Rosemount which are now held in the City's name by a deed from the State of Minnesota. There is certainly one parcel of land involved and possibly now two parcels in this area that were conveyed to the Citv of Rosemount with the following reversionary clause contained in those deeds: "to be used exclusively for storm sewer holding area when area is developed." We have been asked by surrounding landowners to these two parcels to join with them in clearing up ingress/egress and other boundary line problems. They propose that all parties deed their property to a neutral party who would plat the property clearing up the title problems and then deed back a proper legal description to all separate owners. From what we discussed over the telephone, you have indicated that the State will find no problem in the City of Rosemount's joining in such a plan and exchanging quit claim deeds, so long as the intended use of the property or the actual use of the property will not be changed. When the entire process of clearing up the title and the platting of the property has been completed, if you desire, I will be happy to send you a copy of the deed showing the new description for your records. Thank you very must for your time in reviewing this exchange of deeds matter. Very truly yours, GRANNIS, CAMPBELL, FARRELL & KNUTSON, P.A. BY: Mary S. Vujovich MSV/dcg cc; Dean Johnson LAw OFcices GRANNIS, CAMPBELL, FARRELL & KNUTSON DAVID L Gumm - 157 -195! PROFFFASIONAL ASSOCIATION DAVID L GRANNIE. JR. 1918.1990 POET OFFN:E Box 57 VANCB B. GRAmm 40 NORWSW BANK BUILDING VANcs B. GRANNIE. JR. J, Tmom E J. CAA1P9t1.1. 161 NORTH CONCORD 6%CHANG9 A ANNI LII SOUTH ST. PAUL, MINNESOTA 55075 DAVID DAVM L GRANNIE, 111 ROGER N. KNunON 612AM-1661 THOU" M. SCOTT GARY G. PUCHS MARY S. VWOVICH July 5, 1984 THOMAS L GRUNDHOmit DAVM) L HAR►IeYSR Mr. Dennis Erno Assistant Commisioner of Revenue Minnesota Department of Revenue P.O. 64446 St. Paul, MN 55164 Dear Mr. Erno: This letter is to confirm our recent telephone conversation about certain properties located in the City of Rosemount which are now held in the City's name by a deed from the State of Minnesota. There is certainly one parcel of land involved and possibly now two parcels in this area that were conveyed to the Citv of Rosemount with the following reversionary clause contained in those deeds: "to be used exclusively for storm sewer holding area when area is developed." We have been asked by surrounding landowners to these two parcels to join with them in clearing up ingress/egress and other boundary line problems. They propose that all parties deed their property to a neutral party who would plat the property clearing up the title problems and then deed back a proper legal description to all separate owners. From what we discussed over the telephone, you have indicated that the State will find no problem in the City of Rosemount's joining in such a plan and exchanging quit claim deeds, so long as the intended use of the property or the actual use of the property will not be changed. When the entire process of clearing up the title and the platting of the property has been completed, if you desire, I will be happy to send you a copy of the deed showing the new description for your records. Thank you very must for your time in reviewing this exchange of deeds matter. Very truly yours, GRANNIS, CAMPBELL, FARRELL & KNUTSON, P.A. BY: Mary S. Vujovich MSV/dcg cc; Dean Johnson AGREEMENT AGREEMENT made this day of 1984, by and between CITY OF ROSEMOUNT, hereinafter "City and L. H. NETTEBURG, hereinafter referred to as "Norridnee.11 WHEREAS, the private owners of the various tracts of land composing the following described land are desirous of partici- pating in the platting of: The North Half (N-1) of the Southwest Quarter (SW--) of Section Sixteen (16), Township One Hundred Fifteen (115), Range Nineteen (19), and the Southwest Quarter (SW -4') of the Southwest Quarter (SW4) of Section Sixteen (16), Township One Hundred Fifteen (115), Range Nine- teen (19), except that part thereof lying West of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railway and also except the South 411.24 feet of the East 891 feet thereof, and also all that part of the East Half (EZ) of the Southeast Quarter (SE -1''; of Section Seventeen (17), Township One Hundrei: Fifteen (115), Range Nineteen (19), lying North and East of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railway, according to the Govern- ment Survey thereof, Dakota County, Minnesota. Said plat to be known as WHITE LAKE ACRES as shown on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City is currently the owner of the two parcels of land described on attached Exhibits "B" and "C",which parcels are also included in the above described land; and WHEREAS, because the private owners of parcels within the above described tract are desirous of the City joining its two parcels with their parcels in the 'platting of the above described land in order to clear up probable boundary line conflicts, insufficiencies or inaccuracies in legal descriptions and similar title problems; and as reasonable progress, in the Nominee's sole opinion, is being made toward the approval and subsequent record- ing of the plat of White Lakes Acres, C. The Nominee, upon completion of the platting process, shall execute and record Protective Covenants as above described, and execute and record the Quit Claim Deed to the City as described on Exhibit "F." 4. The City acknowledges that the Nominee is only author- ized and directed to proceed with this plan upon payment by all the private owners of land of any and all costs in connection with this plan as determined solely by the Nominee and upon execution and delivery by the City (as an owner of land) and the private owners to the Nominee of all documents required by the Nominee. 5. This Agreement shall bind the City and: the Nominee, their heirs, successors and assigns. Dated this day of 1984 CITY OF ROSEMOUNT B _�-1----- L. H. Nette ur--g Its: Mayor" � By Its City Clerk STATE OF MI1114ESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this -4- day of E.i.G. , 1984 b , L . and V y Notary Public STATE OF MINJESOTA } ( ss. COUNTY OF DAKOTA } he foregoing is ument was acknowledged before me this --�- day of -L4•� 1984 Y 1'otary Public 0 AAkMA AA&Vv~AMMMA"&AAWW' i r. FRANCE J, GOC*GIN NOTARY PL+iXIC-46INkiS0T4k dC VAKOTA WVf4' FV Ir b'ti+tMfiJ►NVQ/yhhN►YrWi'Vlr'1�(x'Yk1r�tM'Ifr'tih':� i V i THOMAS L GAuNDNown DAVID L HARMEYER Mr. Dennis Erno Assistant Commisioner of Revenue Minnesota Department of Revenue P.O. 64446 St. Paul, MN 55164 Dear Mr. Erno: This letter is to confirm our recent telephone conversation about certain properties located in the City of Rosemount which are now held in the City's name by a deed from the State of Minnesota. There is certainly one parcel of land involved and possibly now two parcels in this area that were conveyed to the City of Rosemount with the following reversionary clause contained in those deeds: "to be used exclusively for storm sewer holding area when area is developed." We have been asked by surrounding landowners to these two parcels to join with them in clearing up ingress/egress and other boundary line problems. They propose that all parties deed their property to a neutral party who would plat the property clearing up the title problems and then deed back a proper legal description to all separate owners. From what we discussed over the telephone, you have indicated that the State will find no problem in the City of Rosemount's joining in such a plan and exchanging quit claim deeds, so long as the intended use of the property or the actual use of the property will not be changed. When the entire process of clearing up the title and the platting of the property has been completed, if you desire, I will be happy to send you a copy of the deed showing the new description for your records. Thank you very must for your time in reviewing this exchange of deeds matter. Very truly yours, GRANNIS, CAMPBELL, FARRELL & KNUTSON, P.A. BY: Mary S. Vujovich MSV/dcg cc; Dean Johnson LAw OrncEs GRANNIS, CAMPBELL, FARRELL & KNUTSON DAVID L GRANNiB • i874 -i96! PROPPESSIONAL ASSOCIATION DAVID L GRANNIE. JR. 1910.1980 - - POST OPFicE BOX 57 VAHCRB. GRANNIE 403 NORWEET BANK BVIIAING YANG B. GRANNIE. JR THOMAS J. CAMPBELL 161 NORTH CONCORD $XCHANGE A II SOUTH ST. PAUL, MINNESOTA 55075 DAVID Amms,FARAW DAVID L GRANNIE. HI ROGRR N. KNVCBON 612-455.1661 THOMAS M. SCOW GARY G.PucH6 MARY S. VWOVICH July 5, 1984 THOMAS L GAuNDNown DAVID L HARMEYER Mr. Dennis Erno Assistant Commisioner of Revenue Minnesota Department of Revenue P.O. 64446 St. Paul, MN 55164 Dear Mr. Erno: This letter is to confirm our recent telephone conversation about certain properties located in the City of Rosemount which are now held in the City's name by a deed from the State of Minnesota. There is certainly one parcel of land involved and possibly now two parcels in this area that were conveyed to the City of Rosemount with the following reversionary clause contained in those deeds: "to be used exclusively for storm sewer holding area when area is developed." We have been asked by surrounding landowners to these two parcels to join with them in clearing up ingress/egress and other boundary line problems. They propose that all parties deed their property to a neutral party who would plat the property clearing up the title problems and then deed back a proper legal description to all separate owners. From what we discussed over the telephone, you have indicated that the State will find no problem in the City of Rosemount's joining in such a plan and exchanging quit claim deeds, so long as the intended use of the property or the actual use of the property will not be changed. When the entire process of clearing up the title and the platting of the property has been completed, if you desire, I will be happy to send you a copy of the deed showing the new description for your records. Thank you very must for your time in reviewing this exchange of deeds matter. Very truly yours, GRANNIS, CAMPBELL, FARRELL & KNUTSON, P.A. BY: Mary S. Vujovich MSV/dcg cc; Dean Johnson WHEREAS, the City is willing to cooperate in this platting process as an owner of two parcels provided: (l) the City shall not participate in any cost associated with the platting process (including but not limited to costs for planning,•surveying, engineering, attorneys' fees, plat application fees, recording or filing fees, road improvements costs, assessments for improve- rnents, and the like) and (2) the City's agreement herein shall not be presumed to grant approval of the preliminary or final plats or subdivision plans, which still must be submitted through regular City channels as established by statute or ordinance; and WHEREAS, in order to accomplish said platting, it is expe- dient to transfer title to the City's and the private owners' property to a Nominee, not for his personal gain or enrichment, but to be held in trust for all such owners until such time as White Lake Acres Plat has been filed in the office of the Dakota County Recorder, at which time Nominee shall convey the various parcels back to their respective owners using the new plat descriptions; and WHEREAS, the City has read the Protective Covenants shown on ExhitDit "D" attached hereto and incorporated herein by refer- ence and desires that the lands so described as White Lake Acres be governed by said Protective Covenants; and WHEREAS the City's two parcels [nay be subject to certain use or other restrictions which shall be carried through onto all deeds of conveyance referred to herein; -2- 0 H014, THEREFORE, 17' IS AGREED: 1. The City will sign a Quit Claim Deed to Nominee as shown on Exhibit "E" attached hereto, transferrins all right, title and interest in the lands above described which description encompasses the City's two parcels and the private owners' land, and further, agrees to:' a. Appoint the Nominee to act in this matter for it as an owner of two parcels and to do all things reasonable and necessary to carry out the terms of this Agreement, b. Authorize and direct the Nominee to plat "White Lake Acres" as set forth on Exhibit .'A", C. Authorize and direct the Nominee to execute and record the Protective Covenants as set forth on Exhibit "D upon completion of the platting process, d. Authorize and direct the Nominee to execute and record the Quit Claim Deed upon completion of the platting process, (as shown upon Exhibit "E") 2. The Nominee shall; a. Execute Quit Claim Deed to the City as shown on Exhibit "F" attached hereto. If for any reason the Nominee in his sole discretion, cannot complete the platting of White Lake Acres, his obligation will be to return the City's original Quit Claim Deed to the Nominee (Exhibit "E") back to the City without its being record- ed, b. The Nominee shall pursue the platting process so long -3