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HomeMy WebLinkAbout20-042CITY OF LAKEVILLE, DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. 2042 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"); and 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: Dougl P. Anderson, Mayor ATTEST Charlene Friedges, City Clerk ;;. 209674v1 AMENDMENT TO SPECIAL ASSESSMENT AGREEMENT THIS AMENDMENT J�O SPECIAL ASSESSMENT AGREEMENT ("AMENDMENT") is made this K day of f, I , 2020, by and between the CITY OF LAKEVILLE, a Minnesota munici. 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. Al883865 ("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 2094450 Document Id: 9C4C0080-7B73-11EA-AOOB-8FB13BEBE8701II'll�l'I'.'I�II"II'II'll'I' Page 114 OnlineNotary.net 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: Dougl s P. Anderson, Mayor AND: Charlene Friedges, diiy Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) T e foregoing instrument was acknowledged before me this M day of Ml - ` , 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 its City Council. Ec��� Notary Pub EPENNY 0 BREVIA 18 -WMW RXW - MINNESOTA W COMMISSION EXPIFES 0131/25 2 2094450 Document Id: 90400080-787311 EA-AOOB-BFB13BEBE670 111111111111OnlineNotary.nel III�"1.'I'Il'II1II1IIII]II] Page 2/4 OWNER: MINNEAPOLIS MEETING ROOMS, INC. By: S Q44 Steve Griffith Its: President STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 10 day of April , 2020, by Steve Griffith the President of Minneapolis Meeting Rooms, Inc., a Minnesota corporation, on behalf of said corporation. CHIRAG PATEL ELECTRONIC NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION # 7679556 MY COMMISION EXPIRES JUNE 30 2020 ft" mWv mzoz 10 n:n:Me T y,.a 2094450 Notary Public Document Id:9C4C0080-7B73-11EA•AOOB-BFBI3BEBE670 OnlineNotary.net II I'ii'i'I '"IIIII III I Page 3/4 EXHIBIT A TO SPECIAL ASSESSMENT AGREEMENT Lesal Description That part of the SW 1/4 of the NE 1/a of Section 19, Township 114, Range 20 described as follows: Commencing at the northeast corner of said SW 1/4 of the NE 1/; thence South 89 degrees 12 minutes 08 seconds West, assumed bearing, along the north line of said SW 1/4 of the NE 1/4 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 1/4 of the NE 1/4; 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. 4 2094450 Do mmd Id:9C4C0080-7B73-11EA-AOOB-8FB13BEBE670 OnlineNotary.net IIIIII'I'I '.II'I"IIIIII'IIII1 Page 4/4