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HomeMy WebLinkAbout18-142CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 18-142 RESOLUTION APPROVING A SPECIAL ASSESSMENT AGREEMENT WHEREAS, Holyoke Properties, LLC, a Minnesota limited liability company, ("Owner") is the fee owner of property located in the City of Lakeville, Dakota County, Minnesota, legally described in Exhibit A, attached hereto and incorporated herein ("Property"); WHEREAS, Owner has requested assessment of a portion of the fees associated with the issuance of a building permit to convert the space to a restaurant for additional water and sanitary sewer connections for the Property; WHEREAS, the City has received the attached signed Special Assessment Agreement, attached hereto as Exhibit B, ("Assessment Agreement") that includes assessment of the sanitary sewer connection charge and watermain unit charge for connection of the Property to municipal sewer and water against the Property and waiving all applicable assessment procedural requirements; NOW THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. The Assessment Agreement is hereby accepted and approved. 2. A special assessment in the principal amount of $40,250.00 is hereby imposed against the Property. 3. Such assessment shall be payable in equal annual payments extending over a period of 10 years, the first of the installments to be payable with the 2019 property taxes and shall bear interest at the rate of 5% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of the Property may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city, except that no interest shall be charged in the entire assessment is paid within 30 days from the adoption of this resolution; and the owner of the Property may, at any time thereafter, pay to the city treasurer the entire amount of 1998541 ] the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Lakeville City Council the 19t" day of November 2018 CITY OF LAKEVILLE BY: Dougl s P. Anderson, Mayor tST:1/1 aQ& - Charlene Friedges, City 9r 199854v1 2 EXHIBIT A Legal Description of Property The East 29.7 feet excepting therefrom the North 5.86 feet of Lot Seven (7), Block One (1), and the South Fifty-six and one-half (56.5') feet of Lot Four (4), Block One (1), Wright and Balchs Addition to the Village of Lakeville (formerly Fairfield) according to the recorded plat thereof on file in the office of the Register of Deeds in and for Dakota County, Minnesota. 199854A 3 SPECIAL ASSESSMENT AGREEMENT AGREEMENT made thisr-oday ofN0 voft low , 2018, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and HOLYOKE PROPERTIES LLC, a Minnesota limited liability company ("Property Owner"). RECITALS A. Property Owner is the owner of property having a street address of 20751 Holyoke Avenue, Lakeville, Dakota County Minnesota, legally described on Exhibit A attached hereto and incorporated herein (the "Subject Property"). B. The Property Owner has requested that City assess the Sanitary Sewer Connection Charge and Watermain Unit Charge (collectively the "Assessments") against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SPECIAL ASSESSMENT. The City will assess the cost of the Sanitary Sewer Connection Charge Assessment in the amount of Eleven Thousand, Five Hundred Fifty 00/100ths Dollars ($11,550.00) and the Watermain Unit Charge Assessment in the amount of Twenty Eight Thousand Seven Hundred and 00/100ths Dollars ($28,700.00) for a total assessment of Forty Thousand Two Hundred Fifty and 00/100ths Dollars ($40,250.00) 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 payments, and shall bear interest at the rate of 5% per anum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The first installment shall be payable with taxes paid in 2019. 2. WAIVER. Property Owner, its successors and assigns, waive any and all procedural and substantive objections to the 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. 199848v1 3. 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 AND: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Doug�s P. Anderson, Mayor Charlene Friedges; City The foregoing instrument was acknowledged before me this / q4 da of g g g Y No vt2�,&f '2018, by Douglas P. Anderson 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 C, Council. Notary Public �6ppM1YN�,� r PENNY D. BREVEG Notary Public - Minnesota My Commission Expires Jan. 31, 2020 2 199848v1 HOLYOKE PROPERTIES LLC: By: Its e M 64- ►t c STATE OF MINNESOTA ) )ss - COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /(01"" day of I*Vcknt)e,*- , 2018, by Murk tZ G- , the Gh i M.c.n of Holyoke Properties LLC, a Minnesota limited liability company, on behalf of said company. -- KATHLEEN M. NEHLS Notary Public NOTARY PUBLIC ' NNNESOTA �. My Con a"m Ekins Jar M 31.2019 DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/smt 3 199848v1 EXHIBIT A Legal Description The East 29.7 feet excepting therefrom the North 5.86 feet of Lot Seven (7), Block One (1), and the South Fifty-six and one-half (56.5') feet of Lot Four (4), Block One (1), Wright and Balchs Addition to the Village of Lakeville (formerly Fairfield) according to the recorded plat thereof on file in the office of the Register of Deeds in and for Dakota County, Minnesota. 4 1998481