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Mayor Fahey and Members of the City Council <br />July 20, 1990 <br />Page 2 <br />The lot in question appears to be at an elevation <br />substantially below the adjoining lots to the <br />west. The grade differential is such that it is <br />extremely unlikely the lot would be developed with <br />access from the improved portion of Minnesota <br />Avenue. <br />* The land to the east of the lot in question still <br />has the potential for development. The land is <br />apparently owned by the State of Minnesota. <br />Based on this information, it is my recommendation that the <br />City abate all assessments against Lot 45 of Eisenmenger's <br />Garden Lots and refund the amount paid totalling $8,520.40. <br />This abatement should be conditioned upon the owners <br />entering into a restrictive covenant that should the <br />property ever develop, these amounts would become due and <br />payable if it is reasonable to utilize the utilities put in <br />place in 1973. <br />In all likelihood, this will mean the street assessment <br />would probably not be collected. However, the actual <br />development of the property at the time of the use of these <br />improvements would determine how this assessment issue <br />should be handled. I would further recommend that the City <br />Attorney review this matter to make sure that its <br />disposition is appropriate. I believe my recommendation is <br />consistent with that used on the Erickson property. (A copy <br />of the Council's motion regarding that abatement is <br />attached.) <br />JRH:kpv <br />cc: Claudia Eagan <br />Page 108 <br />