HomeMy WebLinkAbout20-059CITY OF LAKEVILLE
RESOLUTION NO. 20-59
RESOLUTION AMENDING RESOLUTION NO. 17-170
WHEREAS, Owner is the fee owner of property located in Lakeville, Dakota County,
Minnesota, legally described as follows: That part of the Northwest Quarter of Section 3,
Township 113, Range 20, lying Northerly of Launch Park First Addition, Dakota County,
Minnesota, according to the recorded plat thereof. ("the Property"); and
WHEREAS, Owner and the City of Lakeville entered into a Public Improvement and
Special Assessment Agreement dated June 13, 2017 and recorded on July 3, 2017, in the office
of the County Recorder of Dakota County, Minnesota as Abstract Document No. A3199662
("Agreement") involving the Property and City Project No. 17-07 ("Project") which Agreement
was approved pursuant to City Council Resolution No. 17-76; and
WHEREAS, in the Agreement, the City and Owner established the amount that the
Property was to be assessed for the Project; and
WHEREAS, the City Council adopted Resolution No. 17-170 ("Amended Resolution")
on November 20, 2017 amending Resolution No. 17-76, which corrected errors in Resolution
No. 17-76 and finalized and imposed the special assessment in the principal amount of
$489,283.74 against the Property; and
WHEREAS, Owner has applied to plat and subdivide the Property as Launch Park 2°d
Addition ("Plat") and as part of that application has now petitioned the City, and the City
Council agrees with the reapportionment of the special assessments, pursuant to the authority
granted the City by Minn. Stat. 429.071, upon a finding that such reassessment or
reapportionment of assessment for the Property will not materially impair collection of the
remaining balance of unpaid special assessments conditioned on the execution of this
Amendment to the Agreement as it relates to the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville,
Minnesota as follows:
1. Owner acknowledges that the Property received a special benefit from the Project.
2. Owner has made payments on the special assessments and seeks to reapportion
the remaining amount of the assessment levied against the Property to the lots and outlots of the
Plat.
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3. The Amended Resolution is hereby amended to provide that the remaining
assessments for the Property are reapportioned to the lots and outlots of the Plat, based on the
following percentages:
Percentage of
Parcel Remaining Assessment
Lot 1, Block 1 29.8%
Outlot B 62.7%
Outlot A 7.4%
4. Aside from the reapportionment of assessments, all other provisions of the
Amended Resolution survive and shall be given full force and effect.
5. Owner hereby waives unconditionally all procedural and substantive objections to
the assessment in the amounts set forth herein, including, but not limited to, any rights of Owner
to hearing requirements and any claim that the assessment does not constitute a special benefit or
that the amount of the assessment exceeds the special benefit to the Property. The Owner further
waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081 or other laws.
6. This Resolution will take effect upon recording of the final plat for Launch Park 2nd
Addition. Upon recording of the Plat, the City Clerk shall 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 this 15d' day of June 2020
Anderson, Mayor
Charlene Friedges, City Clerk
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