1988-03-24 Confirmation of Acres and Assessment
GEORGE O. HOFF'
TED A. ALLEN
DAVID M. ANDeRSON
PA TRIOlA E. KUDERER
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LAw OFFICES
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HDFF & ALLEN
250 SUBURBAN NATIONAL BANK BUILDING
300 "RAIRIE! CENTER ORIVE
EOE!N, ....AIRI.. MINNESOTA l!UI344.S3..,
U512J,941.91ii!20
REO WING OFFIOE
120 BROAD STREET
REO WING, MN 55066
(612) 388-3867
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JORUN GROE MEIERDING
*admitted in Wiscons:in
March 24 1988
Ms. Linda Houghton
Joint PQwers Water Board
11100 50th stl;"eet.. N.J!:.
P. O. Box 10
Albertville, Mn. 55301
Dear Linda:
This is a fOlloY{-up to our phone conversation concerning the
Darkenwald develop~ent in Albertville. After t~lking to you and
Maureen Andrews of Albertville, it is my understanding that the
Darkenw,ald development 'when totally done, will encompass
approximately 105 acres. The phase that is being done now
includes about 24 acres, the balance of the 80 'acres wi'l':'l be
farmed by Mr. B~cke1!'i' the 'preseItt own_r, likely on some; kil)d of
lease-back arraIlginent (however Ms. Andrews was not certain of'the
arrangement) and, he will continue to reside on that farmed
acreage. The present phase of ' the development will be served by
a trunk line which is being built and financed by the City of
Albertville. The trunk line will be laid in County Rba(i 37.
The present trunk line which we have is in the Highway #19 right-
of-way. The trunk line which Albertville is constructing will
connect to the Highway #19 trunk line. A later phase of the
development (a commercial development) will be directly
utilizing the trunk line.. in Highway #19 'for connection.
It is my understanding from you that the policy of the Joint
Board is that the per foot assessment for trunk line
construction to abutting property owners is activated upon
development of the property to be served by that trunk line. In
this case, a second trunk line is being constructed which will
become the property of the Joint Powers Board and an aS$essment
is being paid by the Developer for that trunk line construction
for the first phase of his development.
Because of the Joint Powers Board assessment policy with
reference to the activation of trunk line assessments, the fact
that a second trunk 1 ine is being built for this phase 'Of the
'. development and is being assessed against the Develol?er,
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~J.rph 24, 1988
MS,.Linda Houghton
JOINT POWERS WATER BOARD
page Two
andth~reis a suJ;)st,al1tialall\ount of a.crfiJage ,wh~,~h ,i$ not ,yet
being, , developed, it" is, 'Rlyppini()llthatitwou].d .. :PeJ.pc9nsistent
with.BQ~rd pglicyon. a~t.ivation of assessment$ 'l.tppn "development"
to activate the t.rllok line assessment for the 80 acres which are
t.o remain undeveloped. .
Ift.he entire 1>roje~t devCii!lopswit.houta direct tap-ill to the
line inllighway#1.9, it is my opipion that,tneywould st.ill have
to pay the' ,assef:ls:mE!n~chal:'ge. At. that, ti:me, ,itwQuldi>e xnY
opinion that there has peen full development of the pl:'operty
utilizing the trunk line in HighwaY#:t9 and the a$sessment would
be payable.
If you nave any questiqns or any of t.he foregoing is in error,
Pl.ease give mYl:ile1f or Jorun Meierding a call.
GCH:baj