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Home My WebLink AboutItem 06.dApril 20, 2020 Item No. ______ RESOLUTION APPROVING AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT PROPOSED ACTION Staff recommends adoption of the following motion: Move to approve a Resolution Approving an Amendment to a Public Improvement Special Assessment Agreement. OVERVIEW Edwin and LeEllen Hammer, owners of property located at 9940 - 192th Street, have requested administrative subdivision approval to divide their 2.14 acre property into two lots. The subdivision of the property includes a survey that identified a gap in the property legal description. This gap is being rectified by the property owner to the east, Minneapolis Meeting Rooms (MMR) Church, deeding approximately 13.5 feet of their property to the Hammer property in order to clear the deed and remove the gap in the property descriptions of both parcels. The transfer of property changes the legal description for both properties, thereby necessitating an amendment to the deferred assessment agreement for MMR Church. The deferred assessment agreement for the Hammer property will be paid at the time of recording of the administrative subdivision and related documents. Staff recommends approval of the amended agreement. PRIMARY ISSUES TO CONSIDER How will the amended special assessment agreement affect the MMR Church property? The amended agreement will be payable upon future subdivision approval of the MMR Church property. SUPPORTING INFORMATION •Aerial Photo Location Map •Hammer Property Administrative Subdivision Survey •Resolution Approving an Amendment to Public Improvement Project Special Assessment Agreement •Amended Special Assessment Agreement – Minneapolis Meeting Rooms Church Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, Associate Planner None HAMMER PROPERTY LOCATION Property Information Ap ril 14, 2020 0 225 450112.5 ft 0 60 12030 m 1:2,400 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. HOUSEDRIVEPROPERTY LINE PER MONUMENTATIONAND OCCUPATION LINESHEDPARCEL CAREA=21,830 SQ. FT.=0.50 ACRESPARCEL BAREA=93,151 SQ. FT.=2.14 ACRES28.219.4192ND STREET WESTNORTHWEST CORNER OFOUTLOT A, APPALOOSA FARMSADDITIONITERI AVE.PARCEL AAREA=126,269 SQ. FT.=2.90 AcresPROPERTY LINES PERORIGINAL HAMMERDESCRIPTION5.005.005.0010.005.0010.0010.00DRIVE4.829.029.080.0242.0450.0PARCEL D (STRIP PARCEL)13.51484.0ADMINISTRATIVESUBDIVISIONHAMMER PROPERTYLAKEVILLE, MNEd Hammer9940 West 192nd StreetLakeville, MN 55044EXISTING MMR PROPERTY DESCRIPTION:That part of the SW 1/4 of the NE 1/4 of Section 19, Township 114, Range 20, DakotaCounty, Minnesota, described as follows:Commencing at the northeast corner of said SW 1/4 of the NE 1/4; thence west along thenorth line of said SW 1/4 of the NE 1/4 554.79 feet to the point of beginning; thence South03 degrees 07 minutes 40 seconds East 450.67 feet; thence South 89 degrees 12minutes 08 seconds West 297.78 feet; thence North 00 degrees 10 minutes 53 secondsWest 450 feet to a point on the north line of said SW 1/4 of the NE 1/4; thence east onsaid north line 274.67 feet to the point of beginning.Subject to road easement.EXISTING HAMMER PROPERTY DESCRIPTION:The east 242 feet of the west 484 feet of the north 450 feet of the SW 1/4of the NE 1/4 of Section 19, Township 114, Range 20, Dakota County,Minnesota.DESCRIPTION OF PARCEL D (STRIP PARCEL):The east 13.51 feet of the west 497.51 feet of the north 450.00 feet of the SW 1/4 of theNE 1/4 of Section 19, Township 114, Range 20, Dakota County, Minnesota.PROPOSED HAMMER PROPERTY DESCRIPTION (PARCEL B):That part of the SW 1/4 of the NE 1/4 of Section 19, Township 114, Range 20 describedas follows:Commencing at the northeast corner of said SW 1/4 of the NE 1/4; thence South 89degrees 12 minutes 08 seconds West, assumed bearing, along the north line of said SW1/4 of the NE 1/4 a distance of 552.09 feet; thence South 03 degrees 17 minutes 28seconds East a distance of 450.43 feet; thence South 89 degrees 12 minutes 08 secondsWest a distance of 291.26 feet to the point of beginning; thence South 89 degrees 12minutes 08 seconds West a distance of 255.51 feet; thence North 00 degrees 34 minutes37 seconds West a distance of 450 feet to the north line of said SW 1/4 of the NE 1/4;thence North 89 degrees 12 minutes 08 seconds East, along said north line, a distance of255.51 feet to a point that bears North 00 degrees 34 minutes 37 seconds West from thepoint of beginning; thence South 00 degrees 34 minutes 37 seconds East a distance of450 feet to the point of beginning. EXCEPT the north 185 feet of the east 118 feetthereof. Subject to road easement.PROPOSED DRAINAGE AND UTILITY EASEMENT OVER (PARCEL B):A 10.00 foot wide public drainage and utility easement over, under, across, and adjoiningthe west, south, and most easterly property line; and a 5.00 foot wide adjoining the southand west property lines of the EXCEPTION Parcel.PROPOSED PROPERTY DESCRIPTION (PARCEL C):The north 185 feet of the east 118 feet of the following described property:That part of the SW 1/4 of the NE 1/4 of Section 19, Township 114, Range 20 describedas follows: Commencing at the northeast corner of said SW 1/4 of the NE 1/4; thenceSouth 89 degrees 12 minutes 08 seconds West, assumed bearing, along the north line ofsaid SW 1/4 of the NE 1/4 a distance of 552.09 feet; thence South 03 degrees 17 minutes28 seconds East a distance of 450.43 feet; thence South 89 degrees 12 minutes 08seconds West a distance of 291.26 feet to the point of beginning; thence South 89degrees 12 minutes 08 seconds West a distance of 255.51 feet; thence North 00 degrees34 minutes 37 seconds West a distance of 450 feet to the north line of said SW 1/4 of theNE 1/4; thence North 89 degrees 12 minutes 08 seconds East, along said north line, adistance of 255.51 feet to a point that bears North 00 degrees 34 minutes 37 secondsWest from the point of beginning; thence South 00 degrees 34 minutes 37 seconds Easta distance of 450 feet to the point of beginning. Subject to road easement.PROPOSED DRAINAGE AND UTILITY EASEMENT OVER (PARCEL C):A 10.00 foot wide public drainage and utility easement over, under, across, and adjoiningthe east property line; and a 5.00 foot wide adjoining the south and west property lines.PROPOSED MMR PROPERTY DESCRIPTION (PARCEL A):That part of the SW 1/4 of the NE 1/4 of Section 19, Township 114, Range 20 describedas follows:Commencing at the northeast corner of said SW 1/4 of the NE 1/4; thence South 89degrees 12 minutes 08 seconds West, assumed bearing, along the north line of said SW1/4 of the NE 1/4 a distance of 552.09 feet to the point of beginning; thence South 03degrees 17 minutes 28 seconds East a distance of 450.43 feet; thence South 89 degrees12 minutes 08 seconds West a distance of 291.26 feet; thence North 00 degrees 34minutes 37 seconds West a distance of 450 feet to the north line of said SW 1/4 of the NE1/4; thence North 89 degrees 12 minutes 08 seconds East, along said north line, adistance of 269.93 feet to the point of beginning.Subject to road easement. 209674v1 CITY OF LAKEVILLE, DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. _________ APPROVING AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT WHEREAS, Lawrence A. Shafer and Carole G. Shafer, husband and wife, (“Shafers”) and the City of Lakeville entered into a Public Improvement and Special Assessment Agreement dated, August 22, 2001 and recorded April 12, 2002 in the office of the County Recorder of Dakota County, Minnesota as Abstract Document No. A1883865 (“Agreement”) for the property legally described in the Agreement (“Subject Property”). WHEREAS, Shafers conveyed the Subject Property to Minneapolis Meeting Rooms, Inc., a Minnesota corporation (“Owner”); WHEREAS, the Owner has requested lot line adjustment of the Subject Property and intends to convey the east 13.51 feet of the Subject Property to the abutting property owners (“Conveyance Parcel”); and WHEREAS, the City and the Owner desire to amend the legal description of the property subject to the Agreement to remove the Conveyance Parcel from the Agreement as provided in the Amendment to Special Assessment Agreement attached hereto; NOW, THEREFORE, BE IT RESOLVED, that the Amendment to Special Assessment Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to execute the Amendment to Special Assessment Agreement, conditioned upon the Amendment to Special Assessment Agreement being recorded with the deed to the Conveyance Parcel. ADOPTED this 20th day of April , 2020 by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY:__________________________________ Douglas P. Anderson, Mayor ATTEST ____________________________________ Charlene Friedges, City Clerk 1 209445v3 AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT THIS AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT (“AMENDMENT”) is made this ___ day of _______________, 2020, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and MINNEAPOLIS MEETING ROOMS, INC., a Minnesota corporation (“Owner”). RECITALS A. Lawrence A. Shafer and Carole G. Shafer, husband and wife, (“Shafers”) and the City of Lakeville entered into a Public Improvement and Special Assessment Agreement dated, August 22, 2001 and recorded April 12, 2002 in the office of the County Recorder of Dakota County, Minnesota as Abstract Document No. A1883865 (“Agreement”). B. Shafers conveyed the Subject Property to Minneapolis Meeting Rooms, Inc., a Minnesota corporation, by Warranty Deed dated May 10, 2013 and recorded May 29, 2013 with the office of the County Recorder of Dakota County, Minnesota as Abstract Document No. A2952749. C. The Owner has requested an Administrative Subdivision and lot line adjustment of the property subject to the Agreement and intends to convey a portion of the property subject to the Agreement to the abutting property owners; D. The Owner and City desire to amend the Agreement to clarify the ownership interests and the revised legal description of the property subject to the Agreement following the the Administrative Subdivision and lot line adjustment of the property and conveyance of a portion of the property to the abutting property owner; NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. AMENDMENT TO EXHIBIT A. Exhibit A of the Agreement is amended to read as provided in the Exhibit A attached hereto. 2. BINDING EFFECT; RECORDING. This Agreement shall be binding upon Owner and Owner’s successors and assigns. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 3. EFFECT. This Amendment will take effect upon approval of the Administrative Subdivision and recording of the deed conveying the subdivided portion to the abutting property 2 209445v3 owner. Except as amended by this Amendment, the Special Assessment agreement shall continue in full force and effect in accordance with its terms and conditions. CITY OF LAKEVILLE BY: Douglas P. Anderson, Mayor AND: Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2020, 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 City Council. Notary Public 3 209445v3 OWNER: MINNEAPOLIS MEETING ROOMS, INC. By: Steve Griffith Its: President STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2020, by Steve Griffith the President of Minneapolis Meeting Rooms, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public 4 209445v3 EXHIBIT A TO SPECIAL ASSESSMENT AGREEMENT Legal Description That part of the SW ¼ of the NE ¼ of Section 19, Township 114, Range 20 described as follows: Commencing at the northeast corner of said SW ¼ of the NE ¼; thence South 89 degrees 12 minutes 08 seconds West, assumed bearing, along the north line of said SW ¼ of the NE ¼ a distance of 552.09 feet to the point of beginning; thence South 03 degrees 17 minutes 28 seconds East a distance of 450.43 feet; thence South 89 degrees 12 minutes 08 seconds West a distance of 291.26 feet; thence North 00 degrees 34 minutes 37 seconds West a distance of 450 feet to the north line of said SW ¼ of the NE ¼; thence North 89 degrees 12 minutes 08 seconds East, along said north line, a distance of 269.93 feet to the point of beginning. Subject to road easement.