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Home My WebLink AboutBOR April 10, 2002 ,. ,,' () CITY of ANDOVER (.J 1. Call to Order 2. Board of Review 3. Adjourn Board of Review Wednesday, April 10, 2002 7:00 pm " " '~J '-.J CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Local Board of Review of the City of Andover, Anoka County, Minnesota will meet in the City Council Chambers in said city at 7:00 pm, Wednesday, April lO, 2002 for the purpose of reviewing and correcting the assessment of said city for the year 2002. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause of having suc~ assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. ~d$ VictoriaVolk City Clerk \ " ) \ ,-- j CITY OF ANDOVER TO: MAYOR AND CllY COUNCIL FROM: VICKI VOLK, CllY CLERK SUBJECT: PETITIONS OF REVIEW DATE: 4/9/2002 CC: JOHN ERAR, CIlY ADMINISTRATOR Attached are Petitions of Review that were received by Anoka County. This is being provided as information only. No Council action is required. , Mtlov~ .- \ '- ) ~) STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT CASE TYPE: OTHER COURT FILE NUMBER: HealthPartners Services Inc., Petitioner, State of Minnesota and County of Anoka, Petition for Review of the 2001 Real Property Tax Assessment . vs. Respondents, Petitioner for its petition alleges as follows: 1. Petitioner has an estate, right, title or interest in or lien upon the parcel(s) identified in Exhibit A attached hereto (hereinafter the "property") sufficient to maintain this petition. 2, The property is clearly identified in Exhibit A by the following information, if available: street address, property identification number, city, school district number, estimated market value, and general taxes payable. 3, The property has been partially, unfairly, or unequally assessed in comparison with other property in the city or county, 4. The property has been assessed at a valuation greater than its real or actual value, 5. The tax levied against the property is illegal, 6, The limitation on relief contained in Minn. Stat. ~278,05 subd, 4(d) violates among other provisions, the state and federal constitutional prohibitions against the denial of due process, the denial of equal protection of the laws, the lack of uniformity in taxation, the denial of redress of injuries or wrongs, and the exercise by the legislature of powers properly belonging to the judiciary. 7, The property has been improperly classified, WHEREFORE, Petitioner asks that the court: 1, Reduce the property's assessment and general taxes payable, 2. Award costs, disbursements and interest to Petitioner, ,. .- \ '- _/ ~) 3. Award such other relief as the court deems just and equitable. 4. Declare the limitation on relief contained iri Minn. stat. ~278.05 subd. 4(d) to be violative of the state and Federal Constitutions. 5. Classify the property in'accordance with the law, The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. stat. ~549,21 subd. 2, to the party against whom the allegations in this pleading are asserted. SHEFF, FORD & ~AHER ,i Dated: 3/27/2002 By Douglas J, h Attorneys fo 225 South Si Suite 3350 Minneapolis, MN (612) 332-1000 (130928) titioner Street 55402 Due and personal service of a copy of the within Petition is admitted at , Minnesota, on County Treasurer Due and personal service of two copies of the within Petition is admitted at , Minnesota, on County Auditor Due and personal service of a copy of the within Petition is admitted at , Minnesota, on County Attorney Due and personal service of a copy of the within Petition is admitted at , Minnesota, on County Assessor Service of copie($) of the altac~ed Pelition is hereby admitted Dale: 0,3 / ..?Cf loa.... Maureen J. Devine Division Manager Anoka County b" P"""~ ~ T~ De Iy. \ '_ J Exhibit "A" Petitioner: HealthPartners Services Inc. School District Number. if available: 11 citv: Andover Address 15245 NW Bluebird st PID R23-32-24-32-0018 \ \_J Value 1,429,800 I? 8a... 3d.. a L/ 1"1 "01c!J- . . f \ . '3!:J=tF 13'J"c.f~_ ) '-J -rYJ 1(5 51tJl/L ~c/U?J4- (!~'*- ~-/-IJ~ STATE OF MINNESOTA ~ ~ DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL Presbyterian Homes of Andover, COURT FILE NO, Petitioner, vs. PETITION FOR REVIEW OF THE 2001 REAL PROPERTY TAX ASSESSMENT PAYABLE 2002 State of Minnesota and County of Anoka, Respondents. Petitioner for its petition alleges as follows: 1. Petitioner has an estate, right, title or interest in or lien upon the parcel(s) identified in Exhibit A attached hereto (hereinafter the "Property") sufficient to maintain this petition. 2. The Property is clearly identified in Exhibit A by the following information, if available: street address, property identification number, city, school district number, estimated market value, and general taxes payable. 3. The Property has been partially, unfairly, or unequally assessed in comparison with other property in the city or county. 4. The Property has been assessed at a valuation greater than its real or actual value. 5. The tax levied against the Property is illegal. 6. The limitation on relief contained in Minn. Stat. 9 278.05, Subd. 4(d) violates, among other provisions, the state and federal constitutional prohibitions against the denial of due process, the denial of equal protection of the laws, the lack of uniformity in taxation, the denial of redress of injuries or wrongs, and the exercise by the legislature of powers properly belonging to the judiciary. WHEREFORE, Petitioner asks that the court: 1. Reduce the Property's assessment and general taxes payable. \ , ) , \ \._.J 2. Award costs, disbursements and interest to Petitioner. 3 . Award such other relief as the court deems just and equitable. 4. Declare the limitation on relief contained in Minn. Stat. S 278.05, Subd. 4( d) to be violative of the State and Federal Constitutions. The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. S 549.21, Subd. 2, to the party against whom the allegations in this pleading are asserted. Dated: S lu{d)- LEONARD, O'BRIEN, WILFORD, SPENCE GALE, LTD. By Gra C. Sayre, III (#137108) Attorneys for Petitioner 100 South Fifth Street, Suite 1200 Minneapolis, Minnesota 55402 (612) 332-1030 Due and personal service of a copy of the within Petition is admitted at Minnesota, on County Treasurer Due and personal service of two copies of the within Petition is admitted at Minnesota, on Service of copie[sl of the attached Petition is hereby admitted County Auditol'oate. 3-27-/J';;;v Due and personal service of a copy of the within Petition is admitted at Minnesota, on Maureen J. Devine Division Manager Anoka County Prope,-ly I{;COr~io; ~ by: ~C ~? County Attorney Deputy Due and personal service of a copy of the within Petition is admitted at Minnesota, on County Assessor -2- , \ \ _ .J .. EXHIBIT A Petitioner: Presbyterian Homes of Andover School District Number. if available: City: Andover Address 13742 Marigold StreetNW PIN 32-32-24-14-0072* Value $8,209,500 *lnclusive of any and all subsidiary property identification numbers. ::ODMA\GRPWISElGWDMPLS.GWPOMPLS.MPLSLIB 1:75812.1 " \ " ) /1 ~\ Lff'd~ '_J STATE OF MINNESOTA DISTRICT COURT COUNTYOFANOKA TENTH JUDICIAL DISTRICT In the Matter of the Petition of Johnnie B. Tillery and Kathy 1. Tillery for Review of Real Estate Taxes Due and Payable in the year 2002 Assessed Upon Real Estate Situated in the City of Andover, County of Anoka PETITION Petitioner respectfully represents and shows to the Court: I. That the Petitioners Johnnie B. Tillery and Kathy 1. Tillery are individuals residing at 5314 - I 69th Lane NW, Andover, Minnesota, 55304. 2. That the Petitioners are the fee owners of a tract of land situated in the City of Andover, County of Anoka, State of Minnesota, described as follows: Lot 5, Block 6, TIMBER RIVER ESTATES, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota being PIN 12-32-25-24-0021. 3. That the Assessor in and for the City of Andover, County of Anoka, State of Minnesota, has determined that the aggregate 200 I estimated market value on the property described in paragraph 2 above is as follows: Estimated Market Value - Land $ 49,800.00 Estimated Market Value - Building $ 348.100.00 Aggregate Estimated Market Value- Land and Building $ 397,900.00 and based upon such determination by the Assessor, excessive taxes payable in 2002 will be erroneously levied and assessed on said property. ; \ / \ '- ./ \.....J 4. That the property described in paragraph 2 above has been unfairly, inequitably and unequally assessed and at a valuation greater than its actual value. 5. That the Petitioners Johnnie B. Tillery and Kathy 1. Tillery will have paid at least 50 percent of the taxes payable in the year 2002, levied on the property described in paragraph 2 above, to the County Treasurer of the County of Anoka, State of Minnesota, before May 15,2002. 6. That the property described in paragraph 2 above is not income producing property. WHEREFORE, your Petitioners pray that a hearing be held to adjust the market valuation ofthe above described property so that the above described parcel may be impartially, fairly, equitably and equally assessed at a valuation not greater than its actual value or as limited by law. BABCOCK, NEILSON, MANNELLA, LafLEUR & KLINT, P.L.L.P By: ~L-- Matthew A. Anderson Attorney Registration No. 284257 Attorney for Petitioners 118 East Main Street Anoka, MN 55303 (763) 421-5151 (Tel.) (763) 421-3618 (Fax) " , \ '- / "- ) ADMISSIONS OF SERVICE Service of three copies of the attached Petition is hereby admitted this 28th day of March, 2002. Maureen Devine, Assessor of Anoka County By: (Deputy) Service of two copies of the attached Petition is hereby admitted this 28th day of March, 2002. Maureen Devine, Treasurer and Auditor of Anoka County By: (Deputy) Service of one copy of the attached Petition is hereby admitted this 28th day of March, 2002. Robert M.A. Johnson, County Attorney of Anoka County Service of copie(s) of the atfached By: Petition is hereby admitted (Assistant County Attorney) Date: lq-gg"z:)~ STATE OF MINNESOTA) ) SS COUNTYOFANOKA ) Deputy Matthew A. Anderson, being first duly sworn, deposes and says: That he is the attorney for Johnnie B. Tillery and Kathy L. Tillery, the foregoing Petitioners. That he has read the forgoing Petition and knows the contents thereof. That the same is true of his own knowledge and belief, except as to those matters therein stated and alleged on information and belief, and as to those matters, he believes them to be true. ~~/dL Matthew A. Anderson Subscribed and sworn to before me this 28th day of March, 2002. f2:atk7J1.i3uJ otary Public /' \ \~ , \ \~/ d //'t'r// ////'//f ,/: '.. ( /1 STATE OF MINNESOTA COUNTY OF ANOKA TAX COURT DISTRICT COURT TENTH JUDICIAL DISTRICT TWIN CITIES A V ANTI STORES, LLC, a Delaware limited liability company File No. TC Payable 2002 Petitioner, PETITION v. COUNTY OF ANOKA, Respondent. Your Petitioner, TWIN CITIES A V ANTI STORES, LLC, a Delaware limited liability company, respectfully shows to the Court and alleges: I. That your Petitioner is the fee owner of that certain parcel of land situate in the City of Andover, County of Anoka, State of Minnesota, described as follows, to wit: Parcel 1: R33 32 24 130046 (Store #5303) II. That the Assessor in and for the City of Andover, County of Anoka, State of Minnesota, has determined that as of January 2, 2001, the market value of said parcel is $486,600 and based upon such determination by the Assessor, excessive taxes payable in 2002 have been erroneously levied and assessed against said parcel. III. That said parcel has been partially, unfairly, inequitably and unequally assessed, and at a valuation greater than its actual value. C] , " "'_.I IV. That the total taxes payable in the year 2002, exclusive of special assessments thereon are $16,598.30. That prior to the filing of this Petition, there were no delinquent taxes of record with respect to said parcel. WHEREFORE, Petitioner, TWIN CITIES A V ANTI STORES, LLC, a Delaware limited liability company, prays that a hearing be held to adjust the market valuation of said parcel so said parcel may be impartially, fairly, equitably and equally assessed and at a valuation not greater than its actual value. Dated: March 26, 2002 TWIN CITIES A V ANTI STORES, LLC, a Delaware limited liability company By~~V. t~ Gabriela V. Lambert Attorney for Petitioner Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 Telephone: (612) 492-6545 Attorney Registration No.: 0261348 Attorney for Petitioner ; \ \) \_J ADMISSION OF SERVICE Service of day of copy/copies of the attached Petition is hereby admitted this_ ,2002. County Auditor/Treasurer of Anoka County By Deputy Service of one copy of the attached Petition is hereby admitted this _ day of ,2002. County Attorney of Anoka County By Deputy Service of three copies of the attached Petition is hereby admitted this _ day of ,2002. County Assessor of Anoka County Service 01 copie(s) 01 the attached Petition is hereby admitted d'- c5?% -tJ/b By Deputy Date: Maureen J. Devine Division Manager Anoka County Property Records &/" TaxatiO;y" by: he:-- ~~/d-# Deputy 4\1898 PLEAsE SAVE THIS ST_MENT FOR FUTURE REFERENCE . Maureen J. .ne, Division Manager ST A TEM ENT OF PROPERTY Property Records and Taxation TAXES PAYABLE IN 2002 ANOKACOUNTY21003ROAVE ANOKA, MN 55303 (763)323-5400 01031163 T .~PA ~R TS 1111'hm(.:1111111111111111111111111111111111111111111111111I TWIN CITY STORES AVANTI ATTN:PAM KLUG 2020 SILVER BELL RD STE 23 EAGAN, MN 55122-1050 Property Description THAT PRT OF Sl/2 OF NE1/4 OF SEC 33-32-24 DESC AS FOL: BEG AT A PT ON S LINE ACRES: 1.50 OWNER 5?xJ3 MARDOT PROPERTIES LLC %TWIN CITIES AVANTI STORES 3030 LEXINGTON AVE S #700 EAGAN, MN 55121 LLC New Improvements: Est. Market Value: Taxable Market Value: 1.' Use this amount on Form M-1 PR to see if you're eligible for a property tax refund: File by August 15.. If box is checked. you owe delinquent taxes and are not eligible. 2. Useth,is.aI110unt forthe special,propertytax refund on. ~Ch<:ldule.J,.of.Forl11 M-1Pg. YOUR PROPERTY TAX And How It Is Reduced Bv The State 3. Your property tax before reduction by state-paid aids and credits;' 4. Aid paid by the State of Minnesota to reduce your property tax, 5. Credits paid by the State of Minnesota to reduce your property tax: A. Market value homestead credit and agricultural credit. B. Agricultural preserve credit. 6. Your property tax after reduction by state-paid aids and credits. 2N 377300 13725 NW CROSSTOWN DR 2N 40735.94 24397.36 0.00 o 00 17876.05 0.00 0.00 16338.58 WHERE YOUR PROPERTY TAX DOLLARS GO 7. County 8. City or town 9. State general tax 10. School district: 011 A. State mandated school levy (eliminated for 2002) B. Voter approved levies C. Other local levies 11. Special taxing districts: A. Metropolitan special taxing districts B. Other special taxing districts C. Tax increment D. Fiscal disparity tax 12. Non-school voter approved referenda levies 13. Total property tax before special assessments ! 14. Special assessments added to this tax bill A. . Solid waste management charge B. Contamination tax 15. Your total property tax, special assessments and charges 16. Pay this amount no later than May 15, 2002 17. Pay this amount no later than October 15, 2002 2190.83 1911.04 . 5203.54 3058.17 1596.50 899.18 143.83 134.84 0.00 7031. 82 0.00 17876.05 1231.93 259.72 o 00 19367.70' You may be eligible for one or even two refunds to reduce your property tax. Read the back of this form to find out how to apply. .,. .,. T T DETACH HERE DETACH HERE 2 SECOND HALF TAX Real Estate Taxes FIRS,..HALFTAXu Real Estate Taxes RETURN THIS STUB WITH PAYMENT PAYABLE 2002 RETURN JHISSTUBWITH PAYMENT PAYABLE 2002 TO AVOID PENALTY PAY ON OR BEFORE OCT 15 TO AVOID PENALTY PAY ON OR BEFORE MAY 15 PLEASE INCLUDE PIN ON CHECK PLEASE INCLUDE PIN ON CHECK 010311632000857858 010311631000857859 01031:L63F001715717_. 8578.59 17157.17 PIN: 0046 NA 01031163 PIN: R33 32 24 13 0046 9999 MAKE CHECKS PAYABLE TO: ANOKA COUNTY 2100 3RO AVE" ANOKA. MN 55303 PAY THIS AMOUNT 8578.58 PAY THIS AMOUNT TWIN CITY STORES'AVANTI ATTN:PAM KLUG 2020 SILVER BELL RD STE 23 EAGAN, MN 55122 TWIN CITY STORES AVANTI ATTN:PAM KLUG 2020 SILVER BELL'RD STE 23 EAGAN, MN 55122 c 'i D CHECK TO INDICATE ADDRESS CORRECTIONS ON BACK D ",!::.:" CHECK TO INDICATliADDRESS CORRECTIONS ON BACK :~: -: ~/,,:"::~\1tj~:iJik:;',.: " ., :'::{t:;/.-,. .