HomeMy WebLinkAboutItem 06.mDate: December 10, 2014
Item No.
SPECIAL ASSESSMENT .AGREEMENT
Terry A. Whittier and Sheri Whittier, 8582 195111 St. W.
Watermain Connection Charges
Proposed Action
Staff recommends adoption of the following motion: Approve Special Assessment Agreement between
Terry A. Whittier and Sheri Whittier and the City of Lakeville for connection charges to the City's
watermain system for property located at 8582 1951 St, W.
Overview
Terry A. Whittier and Sheri Whittier, who reside at 8582 1951h St. W., are requesting City authorization
to connect to the City watermain. Watermain was installed along 195th St. W. with the Crescent Ridge
2111 Addition improvements. The property was connected to sanitary sewer in 1994.
Mr. & Mrs. Whittier request that the following charges be assessed to their property:
Water Lateral Access Charge - $3,840.00
Water Service - 383.00
One Watermain Unit Charge - _4,000.00
Total to be Assessed - $8,223.00
The total assessment of $8,223.00 will be levied over a ten-year period at 8% interest, commencing with
the year 2015.
Primary, Issues to Consider
O None
Financial impact: $ None Budgeted: YIN N Source: NIA
Related Documents (CIP, ERP, etc.):
AGREEMENT made this day of December, 2014, between the City of Lakeville ("the
City") and Terry A. Whittier and Sheri Whittier, husband and wife ("Property Owner").
WHEREAS, the Property Owner owns the property described in Exhibit "A" with a street
address of 8582 195th St. W., Lakeville, Minnesota.
WHEREAS, the Property Owner, under the schedule of sanitary watermain hook-up
charges now in effect in the City, would be required to pay the City watermain hook-up charges
prior to connecting the property to the watermains of the City, and
WHEREAS, the Property Owner wants to make such connection without the payment of
such watermain hook=up charges at the time of such hook-up, and, in consideration of not being
required to do so, Property Owner agrees to have the amounts of such watermain hook-up
charges levied as special assessments against such property in the manner hereinafter provided,
and
WHEREAS, the City is willing to waive its right to collect such charges at this time in
consideration of the Property owner's paying such special assessments, and
WHEREAS, Property Owner is willing to waive any and all substantive objections to such
special assessments and to the absence of any prior hearing or other procedural requirement
preliminary to the levying of such assessments;
NOW, THEREFORE, the parties agree as follows:
1. The City will not require the payment of watermain hook-up charges listed in Exhibit
"B", on the property described in Exhibit "A" at the time of connection to the City watermain.
2. In lieu thereof the City will specially assess the amount of such watermain hook-up
chargers listed in Exhibit "B" against the property described in the attached Exhibit "A"
3. Such special assessments shall be in 10 equal annual installments payable with the
general taxes on the property during the next. 10 years, commencing with the year 2015,
4. There shall be added to and be payable with the principal amount of such special
assessments interest in the amount of .8:0% of the unpaid principal balance on such special
assessments, computed annually, commencing on the date hereof
5. Property Owner waives any prior hearing or other procedural requirements
preliminary to the levying of such special assessments against such property.
6. 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.
7. 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.
STATE OF MINNESOTA)
)Ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
law
Matt Little, Mayor
BY.
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of December, 2014,
by Matt Little, Mayr, and by Charlene Friedges, City Clerk, of the City of Lakeville, a. Minnesota
municipal corporation, on behalf of the corporation.
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
Notary Public
Ter A. Wiilttier
Sheri'Whittier
The foregoing -instrument was acknowledged before me this day of December, 2014,
by Terry A. Whittier and Sheri Whittier, husband and wife, Property Owner.
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DRAFTED
City of Lakeville
20295 Holyoke Avenue
Lakeville, 'MN 55044
22-66500-01-050
DAKOTA COUNTY, MfNFNESOT A
LOT 5, BLOCK 1, SCHWEICH IST ADDITION
8582 - 195T' -'STREET W
IMN
WATER LATERAL ACCESS CHARGE
DATER SERVICE
ONE WATERMAINT UNIT CHARGE
TOTAL TO BE ASSESSED
$3;840:00
383.00
= 4.000:00
84223:60