HomeMy WebLinkAboutItem 06.oJune 18, 2012
E = Z MA
IT" V
Item No.
SPECIAL ASSESSMENT AGREEMENT
Joyce G. Fay, 10530 175 St. W.
Sanitary Sewer & Watermain Connection Charges
Proposed Action
Staff recommends adoption of the following motion: Approve Special Assessment
Agreement between Joyce G. Fay and the City of Lakeville for connection charges to the
City's sanitary sewer and watermain system for property located at 10530 175 St. W.
Overview
Joyce G. Fay, who resides at 10530 175 St. W., is requesting City authorization to connect
to the sanitary sewer and watermain. Water and sanitary sewer laterals were installed along
175 St. W. in the Argonne Farms neighborhood as part of the CSAH 50/1 -35 interchange
improvements. The sanitary sewer area charge was assessed in 1976. The trunk storm
sewer area charge will become due when the property further subdivides or redevelops.
Ms. Fay requests that the following charges be assessed to her property:
Lateral Sanitary Sewer Access Charge
(100' @ $39.00 /f.f.)
Sanitary Sewer Service
Sanitary Sewer Unit
Lateral Watermain Access Charge
(100' (g $38.40 /f.f.)
Water Service
Watermain Unit Charge
TOTAL:
Sewer Water
$3,900-00
$ 393.00
$ 775.00
$ 3,840.00
$ 383.00
$ 3,900.00
$ 5,068.00 $ 8,123.00
The total assessment of $13,191 will be levied over a ten -year period at 8% interest,
commencing with the year 2013. The M.C.E.S Sac unit charge will be paid with the
sewer /water permit.
Primary Issues to Consider
• None
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 Joyce G. Fay, an unmarried person ( "Property Owner ").
WHEREAS, Property Owner is the fee owner of property described in Exhibit "A "; with
a street address of 10530 175 St. W., Lakeville, Minnesota; and
WHEREAS, Property Owner, under the schedule of sanitary sewer hook -up charges and
watermain hook -up charges now in effect in the City, would be required to pay the City
sanitary sewer and watermain hook -up charges prior to connecting the property to the
sanitary sewer mains and watermains of the City; and
WHEREAS, Property Owner wants to make such connection without the payment of
such sanitary sewer or watermain hook -up charges at the time of such hook -ups; and, in
consideration of not being required to do so, Property Owner agrees to have the amounts of
such sanitary sewer and watermain hook -up charges levied as special assessments against
such property in the manner hereinafter provided; and
WHEREAS, the City will not assess the trunk storm sewer area charge until the parcel is
further subdivided or redeveloped, at which time the storm sewer area charge will become
due and shall be calculated at the rate existing at such time;
NOW, THEREFORE, the parties agree as follows:
1. The City will not require the payment of sanitary sewer and watermain hook -up
charges listed in Exhibit "B" on the property described in Exhibit "A" 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 assessments shall be payable in equal annual installments allocated
with the general taxes on the property during the next 10 years, commencing with the year
2013. Interest at the rate of 8.0% shall be added to and be payable with the unpaid principal
amount of such special assessment, computed annually, commencing on the date hereof.
3. Property Owner waives any prior hearing or other procedural requirements
preliminary to the levying of such special assessment against such property.
4. Property Owner waives any substantive objections to the special assessments,
including but not limited to any claim that the assessments are unconstitutional, are not
authorized by the statute or ordinance or that the assessments exceed the benefit to the
property.
5. 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 in the
Dakota County Recorder's Office.
IN WITNESS WHEREOF the parties have signed this Agreement on the date first above
written.
Joyce G. Fay
CITY OF LAKEVILLE
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this f ( day of
2012, by Joyce G. Fay, Property Owner.
LA t vt.
Notary Public
STATE OF MINNESOTA) DIANNE G. OUINNELL
)SS NOTARY PUBLIC -MINNESOTA
COUNTY OF DAKOTA ) My CommisOm ExOres Jw 31,2015
The foregoing instrument was acknowledged before me this _ day of
2012, by Mark Bellows, Mayor, and by Charlene Friedges, City Cleric, of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
0M
10530 175th St. W., Lakeville, Minnesota
PID 22- 11850 -00 -241
The East 350 feet of Lot 24, subject to easement over the North 16.5 feet,
Argonne Farms, Dakota County, Minnesota
Trunk Storm Sewer Area Charge*
Lateral Sanitary Sewer Access Charge
(100' @ $39.00 /f.f.)
Sanitary Sewer Service
Sanitary Sewer Unit
Sanitary Sewer Trunk Area Charge
(Assessed in 1976)
Lateral Watermain Access Charge
(100' @ $38.40/f.f.)
Water Service
Watermain Unit Charge
TOTAL:
Sewer Water
$ 3,900.00
$ 393.00
$ 775.00
$ 3,840.00
$ 383.00
$ 3,900.00
$ 5,068.00 $ 8,123.00
* Trunk storm sewer area charge will become due when the property further subdivides or
redevelops.