HomeMy WebLinkAboutItem 06.iMay 7, 2012 ��� Item
SPECIAL ASSESSMENT AGREEMENT
Leslie Gelhar & Meaghan Harper, 16350 Klamath Trail
Sanitary Sewer & Watermain Connection Charges
Proposed Action
Staff recommends adoption of the following motion: Approve Special Assessment
Agreement between Leslie Gelhar and Meaghan Harper and the City of Lakeville for
connection charges to the City's sanitary sewer and watermain system for property located
at 16350 Klamath Trail.
Overview
Water and sanitary sewer laterals were installed in the Kingswood Addition neighborhood on
the north side of Kingsley Lake approximately 15 years ago. The City entered into an
agreement with Leslie Gelhar and Meaghan Harper, residing at 16350 Klamath Trail, on
April 7, 1997, whereby the watermain laterals, water service and connection charges were
deferred until such time as they connect to the system. The property owners recently
submitted a request to connect to the system. As such, the following charges will be
assessed to their property.
Watermain Laterals .................. ............................... $ 6,400.00
Water service .......................... ............................... 383.00
Sanitary Sewer Connection Charge ............................ 775.00
Watermain Connection Charge... . ...... ............. .... 3,900.00
TOTAL TO BE ASSESSED .................. .....................$11,458.00
The assessment would be levied over a twenty -year period at 7.5% interest, commencing
with the year 2013.
Primary Issues to Consider
• None
Dennis Feller
Finance Director
Financial Impact: $ none Budgeted: Y/N N Source: N/A
Related Documents (CIP, ERP, etc.):
Notes:
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of 2012, between the City of Lakeville ( "the
City') and Leslie A. Gelhar and Meghan E. Harper, husband and wife, ( "Property Owner "),
WHEREAS, Property Owner is the fee owner of property described as Lot 1, Block 1,
Kingswood Estates, Dakota County, Minnesota, with a street address of 16350 Klamath Trail
Lakeville; and
WHEREAS, the City and Property Owner previously enter into a Public Improvement
and Special Assessment Agreement, dated April 7, 1997 (`Agreement " ), pertaining to the
installation of sanitary sewer and watermain to serve the property described above; and
WHEREAS, in accordance with the Agreement, Property Owner agreed to pay the City
a water access charge of $6,400 for the water lateral improvements, together with connection
charges and permit fees, at such time that connection is made to the sanitary sewer and
public water system; and
WHEREAS, Property Owner has notified the City that they desire to connect the subject
property to the sanitary sewer and public water system and have requested the City to
specially assess the charges to the property at the time of connection.
NOW, THEREFORE, the parties agree as follows:
1. In accordance with the Agreement, the City will not require the payment of sanitary
sewer and watermain hook -up charges listed in Exhibit "A °, on the property described above
when connection to the sanitary sewer lines or watermain occurs. In lieu thereof, the City will
specially assess the amount of such sanitary sewer and watermain hook -up charges against
the property.
2. Such special assessment shall be payable in equal annual installments allocated
with the general taxes on the property during the next 20 years, commencing with the year
2011
3. Interest at the rate of 7.5% shall be added to and be payable with the unpaid
principal amount of such special assessment, computed annually, commencing on the date
hereof.
4. Property Owner waives any prior hearing or other procedural requirements
preliminary to the levying of such special assessment against such property.
5. Property Owner waives any substantive objections to the special assessment,
including but not limited to any claim that the assessment is unconstitutional, is not authorized
by the statute or ordinance or that the assessment exceeds the benefit to the property.
6. This Agreement shall be binding upon Property Owner and Property Owner's
successors and assigns. This Agreement shall run with the land and may be recorded against
the title to the subject property.
IN WITNESS WHEREOF the parties have signed this Agreement on the date first
above written.
CITY OF LAKEVILLE
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Leslie A. Gelhar /
Meg` 6 E. Harper
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 2012, by Mark
Bellows, Mayor, and by Charlene Friedges, City Clerk, of the City of Lakeville, a Minnesota municipal corporation,
on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this�(e day of FL 2012, by Leslie A.
Gelhar and Meaghan E. Harpe husband and wife, Pr 'rty Owner.
Notary Publ
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
RM
STATE OF MINNESOTA)
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me * �
Gallhar and Meaghan E. Harper, husband and wife, P pert y Owthisl- day of � , 2012, by Leslie A.
Notary Public
DRAFTED BY:
City of Lakeville Kristrna M. Charr<oneau
20195 Holyoke Avenue n'oa P nlic Mnncmta
Lakeville, MN 55044 : Y Cmsusloa Hxp¢es
laousry3l, 2014
EXHIBIT "A"
Watermain Laterals ...... ............. ---- $ 6,400M*
Water service, . ....... .................. ........ 383.00
Sanitary Sewer Connection Charge... ....... 775.00
Watermain Connection Charge ....................... 3,900,00
TOTAL TO BE ASSESSED ......._ .............. --. $11,458.00
[Pursuant to Public Improvement and Special Assessment Agreement
between the City of Lakeville and Leslie A. Gelhar and Meghan E. Harper,
dated April 7, 19971