HomeMy WebLinkAboutItem 06.gJune 24, 2014 Item No.
SPECIAL ASSESSMENT AGREEMENT FOR WATER SERVICE REPAIRS
20678 HERSHEY AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Special
Assessment Agreement with Brandon Zautner and Karen Cleare, 20678 Hershey Avenue for
water service repairs.
Approval of the Special Assessment Agreement will result in the levy of special assessments
for water service repairs at 20678 Hershey Avenue.
Overview
The water service at 20678 Hershey Avenue had a very significant water service leak. The leak
resulted in a significant loss of unmetered water and created a potential threat of
contamination to the water supply system. Property owners are legally responsible for
repairs to water services from the curb stop to the home.
The current homeowners, Brandon Zautner and Karen Cleare, agreed to having the City Utility
Department perform the repair with the cost ($4,285.00) specially assessed against the
property.
Primary Issues to Consider
• Special Assessment process. In the Agreement, the property owner waives their right of
appeal and a public hearing.
• Special assessment terms. The special assessment will be collected with property taxes
payable over a five year period commencing in 2015.
S_puorting Information
Financial Impact: $ NA Budgeted: Y/N _NA_ Source: _Utility Fund
Related Documents (CIP, ERP, etc.):
Notes:
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 7" day of July, 2014, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City ") and Brandon Zautner and Karen
Cleare, ( "Property Owner ").
RECITALS
A. Property Owner is the fee owner of the following legally described property in the
City of Lakeville, with a street address of 20678 Hershey Avenue, hereinafter referred to as the
"Subject Property ": Lot 10, Block 2 Park Terrace, Dakota County, Minnesota.
Parcel ID Number 225670002100.
B. Property Owner has requested the repair of a leaking water service line on the Subject
Property ( "Public Improvement').
C. Property Owner has requested that the City assess the cost of the Public Improvement
against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. Public Improvement. City will construct the Improvements for costs as shown in
Exhibit A attached hereto. Property Owner will be solely responsible for landscaping and
restoration of the project site.
2. Special assessment in the amount as shown on Exhibit A attached hereto and
made a part hereof, is hereby accepted and shall constitute the special assessment against the
land named therein, is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
3. Such assessments shall be considered payable in equal annual principal
installments over a period of five (5) years, the first of the installments to be payable on or before
the first Monday in January 2015, and shall bear interest at the rate of 3.65 percent per annum.
To the first installment shall be added interest on the entire assessment from August 1, 2014 until
December 31, 2015. To each subsequent installment when due shall be added interest for one
year on all unpaid installments.
4. The owner of any property so assessed may, at anytime prior to December 31,
2014, pay the assessment on such property in whole or in part without interest to the City of
Lakeville. Therefore, in 2015 and future years, property owners may pay to the City of Lakeville
or Dakota County the entire amount of the assessment remaining unpaid. Such payment must be
made before November 15 of the year in which such payment is made, or interest will be charged
through December 31 of the succeeding year.
5. The Property Owner waives any and all procedural and substantive objections to
the Public Improvement and special assessment including, but not limited to, hearing
requirements and any claim that the assessment exceeds the benefit to Subject Property. The
Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
6. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
the Property Owner and the Property Owner's successors, heirs and assigns. This Agreement
may be recorded against the title to the Subject Property.
CITY OF LAKEVILLE
0
Matt Little, Mayor
F3
Charlene Friedges, City Clerk
PROPERTY OWNER:
Brandon autner
1�� Kar n eare
Exhibit A
20678 Hershey Avenue
Repair water service and sidewalk
Project Administration
Special Assessment Fee
Dakota County Fee
Total
3,900.00
240.00
125.00
20.00
84,285.00