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HomeMy WebLinkAboutItem 06.e Date: July 5, 2016 Item No. RESOLUTION ADOPTING ASSESSMENT FOR TIMOTHY H. AND JULIE A. CONWAY, 10159 199 TH STREET, FOR PUBLIC UTILITY SERVICE EXTENSIONS Proposed Action Staff recommends adoption of the following motion: Motion to approve a special assessment agreement between Timothy H. and Julie A. Conway and the City of Lakeville for the costs associated with extending sanitary sewer and water services to the property located at 10159 199 th Street. Overview The property at 10159 199 th Street was created with the administrative subdivision of the parent parcel in 2015. The property owner does not currently have water or sanitary sewer services extended to the property. The City contacted the property owners about extending water and sanitary sewer utility services to the subject property in conjunction with the street reconstruction project work taking place in the area to alleviate the need to open-cut the new roadway section to extend utility services in the future. The property owner has requested the City assess the cost of the sanitary sewer and water service installation to the property. The total assessment of $8,406.93 is based on a cost estimate provided by the contractor working on the City’s 2016 Street Reconstruction Project, CP 16-02, and this work will be processed as a change order in accordance with the City’s Change Order Policy. Additional charges will be due at the time the property owner connects to water and sewer. Primary Issues to Consider • Special Assessments: Terms and conditions Supporting Information • Special Assessment Agreement Financial Impact: $ Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Monica Heil, Operations and Maintenance Engineer 8,406.93 429 Bonds 2 Primary Issues to Consider • Special Assessments: Terms and Conditions • Interest rate: 8.0% • Term: 10-years • First payment due with taxes payable 2017 3 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION ADOPTING ASSESSMENT FOR TIMOTHY H. AND JULIE A. CONWAY, 10159 199 TH STREET, FOR PUBLIC UTILITY SERVICE EXTENSIONS WHEREAS , the Property Owner has waived any and all procedural and substantive objections to the Public Improvements and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. Such proposed assessment No. 1345 in the amount of $8,406.93 a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be considered payable in equal annual principal installments over a period of ten (10) years , the first of the installments to be payable on or before the first Monday in January, 2017. The assessment shall bear interest at the rate of 8.0% percent per annum from July 5, 2016. To the first installment shall be added interest on the entire assessment from July 5, 2016 until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Lakeville City Council this 5th day of July, 2016. CITY OF LAKEVILLE _________________________________ Matt Little, Mayor ATTEST: _____________________________ Charlene Friedges, City Clerk 1 182342v3 PUBLIC IMPROVEMENT AMD SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this ___ day of _______________, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and TIMOTHY H. AND JULIE A. CONWAY, Husband and Wife, (“Property Owner”). RECITALS A. Property Owner is the owner of property having a street address of 10159 199th Street West, Lakeville, Dakota County Minnesota, legally described on Exhibit A attached hereto and incorporated herein (the “Subject Property”). B. The City has contacted the Property Owner about extending water and sanitary sewer utility services to the Subject Property (“Public Improvement”) in conjunction with the street reconstruction work planned for that area to alleviate the need to open-cut the new roadway section to extend utilities to the property in the future. C. The property was created with the administrative subdivision of the parent parcel located at 10127 199 th Street in 2015. Property Owner does not currently have water or sanitary sewer services stubbed to the property and has requested that the City assess the cost of the sanitary sewer and water service installation to the a point as shown in Exhibit B (collectively the "Fees") against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENTS. The City shall enter into a contract with a private contractor to construct the Public Improvement in conjunction with the City’s 2016 Street Reconstruction Project, City Project No. 16-02. 2. SPECIAL ASSESSMENT. The City will assess the cost of the cost of the Public Improvement in the amount of Eight Thousand, Four Hundred six and 93/100ths Dollars ($8,406.93) against the Subject Property. The special assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The assessment shall be spread without deferment over a ten (10) year period in equal annual installments, together with interest of eight percent (8%) per year on the unpaid balance. The first installment shall be payable with taxes paid in 2017. 2 182342v3 3. WAIVER. Property Owner, their successors and assigns, waive any and all procedural and substantive objections to the Public Improvements and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 4. RELEASE. Property Owner, their successors and assigns, hereby unconditionally release and forever discharge the City, its elected officials, employees, agents and insurers from any and all claims and causes of action of whatever kind or nature that is in any way connected with or related to the Public Improvements and the City’s sewer systems, including mapping errors. 5. BINDING EFFECT; RECORDING. 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. CITY OF LAKEVILLE BY: Matt Little, Mayor AND: Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2016, by Matt Little and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation pursuant to the authority granted by its City Council. Notary Public 3 182342v3 TIMOTHY H CONWAY: JULIE A CONWAY: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2016, by Timothy H Conway and Julie A Conway, a married couple. Notary Public 4 182342v3 EXHIBIT A PID No. 22-44900-17-061