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041700 CC BR Handout 1999Sales(Attachments) j? "'-- ~ \' \. .' \, CanJi:Stabeck .~.\'. .;; :.... ,.'.,' ~CRS Pcasidents Cuxle Afember. ., Executi..;e Sales :4ssociatL? Exception.al Properties " April 17. 2000 Jeff Fox 5270 Howards Point Road Shorewood, MN 55331 Dear Jeff, Thank you for having me out to visit with you regarding the review of your property. Per our conversation, discussing existing and teardoVoTl properties on Lake Minnetonka, I wanted to let you k.'lOW that regardless of the front footage on the lake side, the square footage of the site overall is very important. The reason it is v.ith tht amount of properties that are torn do\l..l1, where the buyer is paying close to a millioo dollars for a site and the home is over 5000 square feet, this is where the square footage becomes important because of the maximum of 25% hardcover issues with the municipalities surroundffig Lake Minnetonka. Land values are indeed high, but a buyer is willing to pay for an esUite-type setting t~t would offer more square footage to the lot and not necessarily more lake frontage, For example, if you compare two separate lots with equallakefronr footage but one lot has a considerable amOlm~ more acreage, the lot with more acreage would have a higher value because of the potential square footage for the first floor building pad. This would result in mote ground to work with to justify a complete building p-ackage. In closing.. a lakefront site that offers more square footage to the lot and not necessarily more footage to the lake side will be more appealing to a lakcshore buyer in this market. If you would like to further discuss this matter, please do not hesitate to call me. Sincereiy, It ,(' --k cYl..NJ. ~'{vJ;{D~ Candi Stabeck. CRS Edina Realty. Inc. ] 50 Lake St1'eet West .. Wayzata, MN 55J9J '. . Fax 612.476.5333 Phone 612.475.4904 HOWARDS PT 1998 TOTAL ASSESED 1999 TOTAL % OF 2000 TOTAL %OF SHORELINE SHORELINE SHORELINE ~ ADDRESSES LAND VALUE ASSESSED INCREASE ASSESSED INCREASE VALUE 1998 VALUE 1999 VALUE 2000 90 FEET 5210 $193,000 $277,500 43.75% $340,200 22.50% $2144.44/FT $3083. 331FT $3780.00/FT ...------------ $229,500 1.110.!~!. ~R.2~G.1 ~ _ _ J 5230 $402,500 75.33% $478,000 18.75% $1530.00/FT $2683. 331FT $3186.00/FT r155FEET WRON'G145:-"-1 1______-----. 5250 $266,500 $402,500 51% $529,200 31.50% $1719.35/FT $2596. 771FT $3414.OOIFT 160 FEET 5270 $283,500 $352,000 24.50% $529,200 50.33% $1771.88/FT $2200.00/FT $3308.00/FT 120 FEET 5290 $286,000 $444,000 55.25% $508,000 14.50% $2383. 331FT $3700.00/FT $4239.00/FT 120 FEET 5300 $254,400 $365,000 43.75% $350,000 -4% $2120.00/FT $3041.66/FT $2120.00/FT i2!s]~!~R:2@]~:: j 5330 $312,000 $488,500 43.50% $869,000 78% $1327.66/FT $2078.721FT $3700.00/FT , lJ\^fv' ~~~ rr ~ HOWARDS POINT VALUE ANALYSIS Based on 30170 formula created by Jeff Fox pursuant to converstations with former assessor and current assessor, Tom Carroll HOWARDS POINT ADDRESSES 1998 TOTAL ASSES LAND VALUE % ABOVE RECENT SHORELINE VALUE SSESSED VALUE (70% OF TOTAL) 1998 1999 $135,100/90 FT . 5 $1,501.11 $2,158.33 % ABOVE RECENT ASSESSED VALUE 2000 5210 $193,000 $277,500 $340,200 $6.19 $2,646.00 5330 $68,850/22,861 SQ. FT. $160,650/150 FT $229,500 $402,500 $478,000 $3.03 $5.28 $6.27 .53 $1,071.00 $1,878.33 $2,230.67 $79,950/23,868 SQ. FT. $186,550/155 FT $266,500 $402,500 $529,200 $3.35 $5.06 $6.65 ~5 $1,203.55 $1,817.74 $2,389.94 $85,050/28,275 SQ. FT. $198,450/160 FT $283,500 $352,000 $529,200 $3.01 $3.73 $5.61 106. 6 $1,240.31 $1,540.00 $2,315.25 $85,800/35,887 SQ. FT. $200,200/120 FT $286,000 $444,000 $508,000 $2.39 $3.62 $4.25 3.7 $1,668.33 $2,590.00 $2,963.33 $76,320/42,913 SQ. FT. 7 $178,0801120 FT $254,400 $365,000 $350,000 $1.78 $2.56 $2.45 21. 2 $1,484.00 $2,129.17 $2,041.67 $93,600/64,037 SQ. FT. $218,400/235 FT $312,000 $488,500 $869,000 $1.46 $2.29 $4.07 · $929.36 $1,455.11 $2,588.51 Based on Sept. 1997 Based on Sept. 1997 sale price of 5330 sale price of 5330 Howards Point Road Howards Point Road 5230 5250 5270 5290 5300 APPEAL OF ASSESSOR'S ESTIMATE OF PROPERTY VALUATION MARK AND JANE STAGEBERG 21075 RADISSON ROAD SHOREWOOD, MN 55331 ASSESSOR'S COMP ARABLES I. 5630 Christmas Lake Point "Dr. Janes House" Price: $952,500 FEATURES 5 Bedroom, 5 Bath Home 4328 Square Feet Approx. 250' Lakeshore Small Point of Land Sandy Beach Beautiful Views West Exposure Terraced Landscaping New Interior Remodeling ASSESSOR'S COMP ARABLES II LOT3,CErnUST~SSHORE 5750 Merry Lane FEATURES .94 Acres 271 feet lakeshore New Subdivision Sandy Lake Shore Wide Street Curbs and Gutters Storm Sewer Cul-de-sac (No through traffic) Beautiful Treed Lot Little Highway Noise Screening Trees West Exposure Price: $450,000 Anticipated Home Value: $1 Y2 Million ASSESSOR'S COMP ARABLES III LOT 4, Christmas Shore 5720 Merry Lane Price: $425,000 Anticipated Home Value: $1 Y2 Million FEATURES .99 Acres 196 feet lakeshore New Subdivision Sandy Lake Shore Wide Street Curbs and Gutters Storm Sewer Cul-de-Sac (No through Traffic) Beautiful Treed Lot Little Highway Noise Screening Trees West Exposure STAGEBERG'S HOME 21075 RADISSON ROAD Built 1991 FEATURES .94 Acre 3 Bedroom, 3 bath home 40% of home in basement level Constant Highway 7 Noise No Retaining Wall or Screening Home in need of upkeep and painting, interior and exterior Leaking flat roof last winter Busy narrow Street (No improvement in 9 years) No curbs, gutters or storm sewers (Huge water run-off from East) Muck bottom-very shallow water South Exposure-no morning or evening sun 3 dying trees .' '.. ASSESSOR VALUATION OF STAGEBERG HOME YEAR ESTIMATED MARKET VALUE 2000 659,600 1999 524,000 1998 463,000 1997 424,000 1996 393,000 1992 364,700 25.8% Increase in 1 Year (1999-2000) 55.5% Increase in 3 Years (1997-2000) 67.8% Increase in 4 Years (1996-2000) CONCLUSION: IF ANY ADJUSTMENT FOR THE ESTIMATED MARKET VALUE ON THE STAGEBERG HOME IS WARRANTED, IT SHOULD BE NO MORE THAN AN 8-9% INCREASE AS IN PAST YEARS. RESPECTFULLY SUBMITTED, MARK. N. STAGEBERG Hennepin County April 14. 19 9 Richard Tra ewell 5515 -1 imbe Lane ShOn::Vlood, -i 5533 I Dear 1\1r. Tr dewell, Re: PID 34-117-23-22-0023 An Equal Opportunity Employer As yoli requ sted, we have reviewed the assessment on your real property located in the City or Shor wood. A revi1~w of he 1999 assessment of the above mentioned parcel has resulted in the followng d ermination. PrevO us Estimated Market Value Esti ated Market Value Reduced To $370,000 $333,000 . Our rel:ords re being adjusted accordingly. Very truly y urs, 'f~ /,to- o , .3'"3 3J...~~_~- r)9 {pOl> - {f{ Itu'?,.- A1 ( ~LUI..t( Tom Carroll CMA Apprai ser t- ~'1~'1i D V/tltt f.. 3" 8,30(;; -.j '\. .~ /, ,,. ;', t 8~ ~ lfo-Vl.- I I , ( 0 c' tJ . L-14->- '3 (/'fs (P () 0 County Assessor Department A-2I03 Hennepin County Government Center Minneapolis, Minnesota 55487-0213 ... -f., (I /J~ltl4e/>'/'I/' h.:",,/' -"! . Recycled P apCT COUNTY ASSES~WR 5755 COUNTRV Cl B RD SHOREWOOD MN 55331 207 (11199) u cc&QpJ ~11(j (00 q$$.~O 0 3'3'3.oo~ _' ---\ ;l ~~ CI ~ H NNEPIN COUNTY REAL E$TATE VALUAJIONNOnc,r 2000 VAlue FOR TAXESPAYA8t.EIN. 2001' - SEI REVeRSE BIDE FOR lJONAL INFOIfIIATION - MUNICIPALITY SHOREWQ D . PROPERlY C SSIFICA TION , RESIDENTIAL HOMESTEAD STIMATED MARKET VAL~IE :MITED MARKET VALUE ALUE EXCLUSION FOR ERTAIN IMPROVEMENTS. IARKET VALUE FOR AXA TION EW IMPROVEMENT VALUE PROPERTY 10 34-117-23 22 0023 "".12 ~~EAL YOUR VALUATIO~ OR C~S$:I,~,~9~TION First. read the back of this notice! "tep1: If you wish to discuss your Valuation Notice with an Assessor, call the ." number listed below within the next five (5) days. . 952-249-4640 4 5? !~QQ,: 361.300 ,~~: Local Board of Review: You may appeal by appearing in person c sending a letter or representative to the board. Call your assessor; ai appointment may be necessary. 361.300 APR 17. 2000 AT 6:]0 PM AT SHOREWOOD CITY HAll 'tua; The County Board of Equalization: You must appeal to the Local Board of Review to be eligible to appeal to thf County Board of Equalization. Information on Hennepin County's Board 01 Equalization is on the back of this notice. CHARD ~ LAURA TRAOEWEll 15 TIMBER IN C ElSIOR MN' 55331-1710 auPl 55U1 1.1.1..1.1.. .11...11.... lI. It 111.ul...IIII",,"' 1.1,1,1..1.1 ~~,-....,',.. \ .' \. f\ '\. '(,'JIJ V\~. ,.t~. \ yl \ \ ~.~"lO:'."....-,!.c."', ~. \ \ . ~ \. ~ '\ \ \. \, ~ ! r ~{I ~'y s~a, I' ') 1\ ~ Sf\ -"l'Z:ll.1tS' . h ~ r! ,~ '- ., . ''\, \ /) ) ,/ \\. \,,"-:..: \ '~ \ ", :- .... .~ ", "......... , I 'I .... .1'.... .:. I ...."'!!..:j . , ....... . ...... .....-:ij. -.I ......;, .""" ~l}.: '.... . " ~ ....~ ~...~#.. t t.~ : ~ I ...-. , .~ , II '''6', I .!. ':"!"_ .L "'\ \ ... \. \ -, \. \ \, \. \ , " \, / ~'. I \ ~!' \ \. ~ \':0 \" ~,l \ ......'~ \.'~ '\. r. oJ - - -~ ,; - -- ; N.\II d ~'\1Z1Q; I' \:J '1.!::t(K) 'E ~[M\o/lJ '~""V<J '''''''W:J (f"'Jd 0"'" H ,;.>V -:'l'\l('h(.J t' +"""'1 ~~ "tL" ('V\ ill \Jl\ t"7jtM~~I'd '-~""'.\l::i --1.\tI21 ,51 "t '{; I - L~9 (g1~1~~~ J1 ~ .~ I NO .l~\1~.1SSJV 013d0C{1d (]31~31.SI8)3CB 1 5495 Timber Lane Shorewood, MN 55331 June 5, 1989 Mr. Ronald S. uanbeck, Engineer Minnehaha Cree Watershed District P.o. Box 387 Wayzata, XN 55 91 Dear Mr. Qlla s the additional information you requested in your letter of Hare 20, 1989, concerning my application No. 89-33 for a per.ait to dr dgeabout 15,000 cubic yards of muck from Gideon's Bay of Lake Xi etonka to improve navigational access for nine homes along T r Lane in the City of Shorewood. 1. The euclo on April 9" 19 one inch in di bottom of the indicating tha and a halffee At locations " 1/2 feet down, locations .1 F" pipe belowwat the muck wus a was about t.hre more than f.our I also to "X" and "Olt to near the water three feet.' thi ed drawing shows the location of soundings I IlAde 9, in the channel area. I took a steel pipe about eter and six feet long and thrust it into the hannel until I met significant resistance, I had come to hard bottom. There was about one of water above the top of the silt at that time. " through "E" I encountered hard bottom about 4 showing the muck was about three feet thick. At hrough !IP" I was able to poke all six feet of the r level without encountering hard bottom, showing lea t fo fe At location "Q" the muck feet thick. At locations "R" to "Y" the muck was feet thick~ 'II -_.._--_.._--~. k a few soundings closer to shore near locations see how the muck tapered off near shore. Even s edge the muck was a foot thick, and was two to k within ten feet of shore. 2. Cross Sections Enclosed s a copy o~ my 3-13-89 cross section. it is typi~al f the entire channel area, except that not as deep in locations "A" through "E" and location described abov . 3. The enclo shortened the of Mike Arv:ids decided they d and thus do no I believe the muck is "a", as d Volume Computations ed plan view, hannel on the n's property. not want him want to help dated today, shows that I have south end to not extend it in front This is because my neighbors have to use his property for boat access, him make it more accessible. My ~ (' ,I... en, Project Manager, LMCD MilfoH Control Program ONKA CONSERVATION DISTRICT Rd., 5331 August 30, 1998 This leUer is w . ten as a follow-up to your fax dated May 28, 1998. I had previousl)' written to Mr. Greg Nybeck tn <Ii the miJfoil situation on our section of Gideon's Bay, and he apparently discussed the matter "'lth yo . I very much appreciated your response to my letter, which was signed by all of the residennH)n Ti r Lane. This whole neig borhood has always participated in the hiring ofa private mechanical operator, who chemicalLY-trea the whole area along our docks and OOatcovers. We, as 8fPUUP very mw;b app welcome '1 c in your tJ" to rather than cl fact that VIe ba that we coe,uld n concerned citizens of Lake MinnetonJca, and more specifically, Gideon's Bay. would iatc a visit by you and other members oCtile LMCD Mllfoil Control Program. We would to Jet you observe firsdland the milfoil on this particular section of this bay. You stated that reasonable boat access for Timber Lane residents would be a series of channels, utting the area. You will see tllat we have ~ channel, that is only kept open by the a neighborhood agreement that we will aU use that channel to keep it open. You will see get in to our docks any other way. bay is clearly abo"'e the water in fllis whole section, and has brought with it lhe addition ads that has added a further complication. We realize that . s has been an unusually long and wann summer season. However, we feel that dlere must be a long- ge plan for tbis section of Gideon's Bay. I have not seen another bay on Lake Minnetonfta that omes close to having the problem that this bay has now. Please leI me kn w your thoughts on this matter. I look forward to hearing from you after you visit the area. Ple(ise feel ee to view it from our dock and la\\1l, or also view it from a boat as well. I think you will agree that . on needs to be taken. Sincerely, ~ScI>aub 5465 Timber L Shorewoolt~, MN. 5331 Phone: 47.~"'047 Fax: 4744)277 a copy of my previous letter to Greg Nybeck and the map of our area for your reference. L Richard R. Tradewell 5515 Timber Lane Shorewood, MN. 55331 Property ID 34-117-23 22 0023 Monday, April 17, 2000 Owned property for over 16 years - purchased November 1983. House built in 1955 Mr. Tom Carroll personally reviewed my property in the spring of 1999. · Assessed estimated market value at $333,000. (Attachment A) . 2000 Value for 2001 Taxes - estimated market value $459,600. (Attachment B) . $126,600. Increase in one year, 38% increase. · My lot valued at $348,600. And structure at $111,000. Lot over valued for following reason: 1. Lot 148 feet of lake frontage, but shorter in depth than majority of other lots. (Attachment C) 2. Pond and surrounding areas drain across lot causing flooding of garage and basement. Lot slopes to a walk out basement. (Attachment C) Flooded three times in 16 years, when rains greater than 5 inches. 3. Lake bottom has 3 to 4 feet of silt/muck/peat, you can not walk out into the water. (See Attachment D, letter Minnehaha Creek watershed district) 4. Shallow bay, Y2 to 1 foot water level in 1989, normally 4 to 5 feet. 5. Solid Milfoil from shore to Frog Island (320 yards), entire bay. (Attachment E, letter) These major factors that reduce the value of my lot, (the flooding reduces value of my lot from others). Page I of 2 #- + Richard R. Tradewell 5515 Timber Lane Shorewood, MN. 55331 Property In 34-117-23 22 0023 Monday, April 17, 2000 House structure over valued for following reason: In general the house (built in 1955), has many deferred maintenance items and remodeling needs. As some item are still original from 1955 and others have not been updated for approximately 25 years. 1. Large asphalt drive way over 30 years old, I buy patch and sealer each year to keep it functional. 2. Large timber and cement walk way to entrance of house. 15 steps with 3 cement landing. The front stoops are original and deteriorated. Timbers are rotting and steps have settled. 3. Massive brick fire place (3 by 10 feet), old soft Chicago brick, deteriorated, needs to be redone. 4. Three season porch is rotting at base, roof leak, made temporary repairs to keep it functional. 5. Have rubber membrane roof, has tears and areas where anchors have failed. Have patched and made temporary repairs. 6. Had new deck put on over garage 10 years ago, but deck leaks into garage ceiling in the spring. 7. Old heating system of copper pipes in ceiling, all original valves - 3 repairs in living room ceiling. 8. Kitchen and two bath rooms have not been updated for over 20 to 25 years. 9. Exterior windows are original 1955 windows, deteriorated trim. 10. Two A/C wall units (older than 1980). 11. Basement head room to low to use for living area and floods. 12. Siding damaged by birds. Page 2 of 2 APR-17-2000 1~:22 BROOK PARK SYLVIA DEVELOPMENT. LP 8525 Edinbrook Crossing, Suite 101 Brooklyn Park, MN 55443 Attn: Jean Board of Review County Assessor City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lot assessments for Shorewood Ponds Dear Jean; 763 493 4~6 P.0V01 IrJ~ qy- : ~I --........::. We are is dispute with the Valuation Notices that we received for the above referenced development. The Deferred Market Value for the townhome lots are $60,000- $70,000 The lots are currently being marketed for between $20,000-$28,000 less than your estimate. You have also exceeded the bank appraisal by an average of $25,000.00 per lot. Weare requesting a re-evaluation of these lots. ~y, ~WUfIe. TOTAL P.01 c: tarn C~n; , I 8~------'---"\b Robert W. Fayfield 6005 Christmas Lake Rd. Excelsior, MN 55331-3308 r 0002 t ~d\1 March 31, 2000 Shorewood City Council Board of Review 5755 Country Club Road Shorewood, MN 55331 Re: PID #35-117-23-43-0001 Ladies/Gentlemen: I live at the above address on Christmas Lake in Shorewood. The PID number for my homestead is 35-117-23-42-0018. PID #35-117-23-43-0001 is for about six acres ofland which I own across the street from my homestead. The land is not on Christmas Lake, and is not in the view of my home. In 1975 I was obliged to bring a lawsuit against the city protesting a sanitary sewer assessment against PID #35-117-23-43-0001. It is Case No. M-691185. My contention was that the land was unbuildable as being too low-lying and frequently wet. I won that lawsuit. You received no assessment on that land. I enclose a copy of Judge Leslie L. Anderson's order dated November 17, 1975. You and I have considered that land unbuildable from the date of that lawsuit until now. I am now informed by Bill Davy, the County Assessor acting for the City of Shorewood in assessing properties as of January 2, 2000, that this land is now buildable and that several houses can be built on it. He has therefore raised the market value of the land from $12,000 in 1999 to $90,000 in 2000. The purpose of this letter is to ask you either (1) to confirm that the land is buildable by DoC# 1216744\1 Shorewood City Council March 31, 2000 Page 2 passing a resolution for my benefit to that effect; or (2) to confirm that it remains unbuildable under the 1975 order, and as your land use ordinances have been amended over the intervening years. If you determine it is unbuildable land, then I respectfully request that you return the valuation to $12,000 for year 2000. In all events please accept this letter of protest to the $90,000 valuation on this parcel at your Board of Review meeting on April 17, 2000. Thank you for your attention to this important matter. Very truly yours, Robert W. Fayfield Doc# 1216744\1 r I .. .1..... STATU OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT-' . - - - - - - - - - - - - - - - - Robert w. Fayfield al\d ) Marsha F. Walch, ) ) Appellants, ) ) vs. ) Village ) of Shorewood, ) ) Responden t. ) - - - - - - - - - - - - - - - 0 File No. M 691185 Cal. No. 90518 FINDINGS OF FACT, CONCLUSIONS OF LAW fu~D ORDER FOR JUDG?>fENT ~ The above matter came on for trial before the undersigned in the Governmen t Center, Hinneapolis, ~1iImesota 55487, on November 3, 1'975. Hessrs. Levitt, Palmer, Bowen, Bearmon & Rotman by Steven V. Hagberg, Esquire, appeared as attorneys for appellants. Messrs. Kelly and Larson by Gary R. Larson, Esquire, appeared as attorneys for the respondent..- '. This is an appeal from a sewer assessment by the now City of Shorewood. Appellan ts are OWI.ers of the land. involved. M.S. 429.051 reads in part: "The cost of any improvement . . . may be assessed upon property benefited by the improvement, based upon the benefits received . . . " Appellants claim that the sanitary sewer in question does not benefit their land. The land involved is general~y rectangular in shape, fronting 350 feet on Christmas Lake Road and being 750 feet deep. It constitutes about 6.21 acres. The area is zoned Rl, for single family residential purposes only. Probably more than a third of it is designated by the city as a wetland conservation area. City Ordinance No. 70 defines a wetland conservation area as including "the low areas adjoining any water course and ~\' . ';lo " I .........-- .--.-.-.. ... . .... T ._,' . I.' .').i ~r',....) ,......... -<I........ .. ~''F .~ .....~ f .. .;_ 'i I .. :- r . .... - ... ~. .. .... : " . ''Y'' ': ti~ '. . , .' . ~).; ':' ........ ...,'f:. .....~ T" ,~~.~"r~" ''.:.: " drainage way . . . including areas of marsh, wooded marsh, submerged marrsh, irlunda ted as are shOlm upon the . . . wetlands map." Landr.'owneJ's or developers desiring to develop or build are required first to "submi t . ~ . ~anearth change plan' " . .. . " which shall set forth provisions for sediment control, water man agemen t" e tc . The minimum lot area required in the city is 40,000 square feet. The land does not border on Chris tmas Lake J .but is near to >;j;~'. it.. The elevation at the lake is 950 feet.. That of the desig- nated wetland area is 947 feet. Going out from the designated area, the land has an elevation of 950 feet at Christmas~Lake Road and over most 6f the rest of the property involved. There is one point approximate ly 600 feet backfro'ltt th.e road .and close " , to the border of the involved promises where the oleyation is 960 feet. The entire parcel is the lowost piece of property in the area.. " .. ..c:' .. . ?fr/":; Beyond this description, the appraiser called by the appellants and that of the city are irreconcilably far apart. If one is right. .then the other is unreasonably wrong. Appellants argue that the premises involved are unsalable for building purposes, tha~ anY3sUWt- c:onstruction could not reasonably be expected" that the probabilities of such impractical building are nil. The appraiser for the city argues that th~ee lots could be made out of a part of the parcel and be. us.ed(.::..... r ,.~ :'""1 for cons tructioll>> and he claims the benefi t to each lot by reason of '-. the sanitary sewer to be $l,500:10r a total of $4,.500" The appraiser for the city ~ays he has been on those three parcels when it was dry. Contrary' testimony is that the premises generally are much under water at times. The vegetation is largely aquatic. Trees are scrubs that call take corisiderable water.. The soil is largely mud. Part is under water. Culverts run into it.. In the spring ... 70 to 75% of the property is inundated. Huch. of the rest of the -2- ....."...... -..-.-.... - . -~'.. ..-....,. I' ......~. '1 ..~...r... ~..~ . . . - . .. 1ft. 'It , ... -.- *..., .\1&." . , l . '.. ~.,., . ',1 ; .' , .. .." " .Iii ' time, the ground is soggy. While not all of the preITlises are designated as wetland area, all but 5 to 10% of the total area comes within the ordinance definition of such an area. Appellants regard this land generally as a swamp. Atthe point when the elevation of the land is 960 feet, one could build; but the cost of an adequate road from the public street to such a house would be practically prohibitive. It is not probable that one would want that property for residential .., purposes. To appellants' knowledge, nobody has ever shown an interest. in. purchasing any of this land, which had come to them 'by inheritance. The Court is in agreement with the 9onclusions .of appellants and their apprai,ser. The sani tar~y sewer has not increased the value of the land or otherwise been a benefit to it. The Court having reviewed the evidence adduced at the trial, having heard the arguments of counsel and been advised in the premis~s, on all of the files and proceedings herein, and in addition or confirmation of facts stated above all of which, as indicated, are 'found by the Court, makes the following: FINDINGS OF FACT I. Appellants are t.he owners of real estate situated and being in Hennepin County; Minnesota, described as follows, to-wit: Lot 167, in Auditor's Subdivision 120, County of Hennepin, State of Minnesota. II. The land is partly designated wetland, substantially marsh or swamp; and it is not reasonably probable that the land will be used for building or construction purposes in .... -3- ~:-:- -r--.;....- 1:'" ,. .. .... .... ;,".i ~L. ...... ,. .. .., '\.0.; ... .t.,. ': . , . . ... ~, .." .~ :!' . ., : '" ....:~ .. . . . ".. , ., !ii" ' ':,:: '.... .: ;'J the reasonably foreseeable future. ... - III. The City of Shorewood installed a sanitary sewer'along Christmas Lake Road and along the front of the above-descri.bed real estate. IV. The aforesaid real estate was ,not benefited by the installation of the sanitary sewer. The assessment against the property exceeds the amount of the benefit to it. The assess- .... ment by the city is arbitrary, capricious and unreasonable.. CONCLUSIONS OF LAW Appellants are entitled to judgment against the City of Shorewood that the sanitary sewer assessment.. i.s void and of '-," . no effect as to premises in Hennepin County, MinnesoJ:.a, described as follows,'to-wit: Lot 167, in Auditor's Subdivision 120, County of Hennepin and State of Uinnesota and for their costs and disbursements herein. .~., , LET JUDGMENT BE ENTERED ACCORDINGLY. November ~, 1975. Jijg~ L. L ~ L. ANDERSON JUdge of District Court (Retired) Serving on Assignment by the Chief Justice ... -4- ...~. ... '..-.'-'--~.~-... . & .' \ " ~ ... .~"..'t.t"~.;;',, ," , , . '"