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~t..'l Dr. o-i~-~ t O.lU~ij . .)t.~T.l'\')V,' ,)f1LLw:,..... Oll Duu ,Ou~.~ ~I U '. SEVERSON, SHELDON, LARRY s. S.NERSON DOUGHERTY & MOLE:~1>A, P.A. tOI( EN M. SOLFEST I JAM~ F. SKF.I.f)ON ^~NmTI: M MARGARlT MICl-iA":l.G. DOUGHERTY. $:HARON K HIUS -. MICIi^"1. h. MOLENDA ^ PROt'l'..."SlON'AL ASSOCIATION R,l )KERT D. BAueR ^ TTORNf:\Y~ AT LA W CllRJSTOPHF.R A. (iR()V'E $.lJl1"E600 7JOOWEST l4Tl"H STHEET APPt P. VALI.HY. MfNN'CSOTA 5'5124 7S3& . May 23, 1996 (612) 432-3136 TELEF"X NUMBeR 412-)780 The Honorable Dennis Probst I City of Arden Hills 1450 West Highway 96 . Arden Hills, MN 55112-5794 RE: 1996 Street Improvement Project/Oak Avenue . PIN No.: 28-30-23-44-0042-4 Our File No. 16-14049 Dear Mr. Mayor; I Pursuant to the provisions of Minn. Slat. 9429.061, Subdivisions I and 2 thereof, as amended, . LeRoy and Bernice Albjerg, fee owners of record of the above-referenced parcel, tender written objection to the proposed special assessments [or the abovc-referenced project The purpose of this letter is to reserve the rights of said LeRoy and Bernice Albjerg, as owners, to appeal said proposed .. assessment to the Ramsey County District Court pursuant to MilUl. Stat. ~429.081 lheroof, as amended. The principal basis for said objection is that the above-referenced propertY is essentilllly landlocked I and the only access to the property from Oak A venue is through an easement with adjacent property owners. As such, thcrc is no front rootage upon whieh to hase any assessment for the Oak A venue I reconstruction. Before a eity can levy a special assessment. it must establish that as a direct and approximate result . of the project, the fair market value of the property to be assl:ssed has increased in market value by amount equal to or greater than the propo,ed assessment. In the present case, the reconstruction of Oak Avenue will not in any way inL-rease thc market value or the A1bjcrg property. As indicated . ahove, the property is essentially landlocked. Moreover, the Albjergs do not access any public utilities through Oak Avenue. Inslead, the property uses a well and septic system. In light of this information, it is clear that there is no benefit whatsoever to my clients' property through the street . reconstruction of Oak Avenue. The Albjergs, through the undersigned, their attorneys, respectfully request that the City CoW1ci1 find I that there is no special benefit accruing to their property and that there will not be any inL'Tease in their property value directly attributable to the proposed improvement project. Accordingly, in this instance, there is no special bencfit to my clients, but rather a general benelil to the conunullity at . lNTJMO'lAl.....,.I'QK!'lt.n"I~II.l(]~~IN toWA.OI. wtSCO!Il'iIN .. .crRl1ft60 JUiAI.. rllfJPl-R'fV I.AW S~IAl.Jsr_ IdSBA .