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Home My WebLink About20-147CITY OF LAKEVILLE RESOLUTION NO. 20-147 RESOLUTION APPROVING REASSESSMENT WHEREAS, on November 2, 2020, the City Council approved Resolution No. 20-128 adopting special assessments for City Improvement Project 20-02; and WHEREAS, Northern Gopher Enterprises, Inc. ("Owner") is the fee owner of three parcels located within the City of Lakeville, Dakota County, Minnesota and legally described as follows: Parcel 1: Lot 1, Block 1, Bracketts Townhomes (PID 22-15000-01-010) Parcel 2: Outlot I, Bracketts Townhomes (PID 22-15000-00-090) Parcel 3: Outlot E, Bracketts Townhomes, except that part platted as Prairie Lake V Addition (PID 22-15000-00-051) ("Subject Property"); WHEREAS, in accordance with Minn. Stat. § 429.061, Subd. 1, Owner filed an objection with the City to the assessments against the Subject Property approved under City Resolution No. 20-128; WHEREAS, Minn. Stat. § 429.071, Subd. 2, provides that, in the event the City Council finds that the assessment or any part thereof is excessive, the City Council may make a reassessment as to such parcels; and WHEREAS, the City Council agrees that the assessments against the Subject Property approved under Resolution No. 20-128 are excessive and agrees to assess only Parcel 1 of the Subject Property a reduced assessment in accordance with the Public Improvement and Special Assessment Agreement attached hereto as Exhibit A and reduce the assessments for Parcels 2 and 3 of the Subject Property to $0; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. The Council approves and adopts the reassessment of the above referenced property in the following amounts: a. The special assessments for City Project No 20-02 assessed against Parcels 2 and 3 of the Subject Property under Resolution No. 20-128 are reduced to $0 (PIDs 22- 15000-00-090 and 22-15000-00-051). b. Parcel 1 of the Subject Property shall be reassessed in the amount of Forty -Seven Thousand Four Hundred and no/100 Dollars ($47,400) in accordance with the Public Improvement and Special Assessment Agreement attached hereto as Exhibit A (PID 22-15000-01-010). Said reassessment 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 improvements in the amount of the reassessment levied against it. 2. Such reassessment of Parcel 1 of the Subject Property shall be payable in equal annual principal installments without deferment over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January 2021. The Assessment shall bear interest at the rate of 2.8% per annum from November 16, 2020. To the first installment shall be added interest on the entire Assessment from November 16, 2020 until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The property owner may, at any time pay the City the entire amount of the reassessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before December 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this reassessment to the County to be extended on the property tax lists of the County and such reassessments shall be collected and paid in the same manner as other municipal taxes. ADOPTED by the Lakeville City Council this 71 day of December 2020. t Charlene Friedges, City erk Douglas P. Anderson, Mayor PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this 7h day of December 2020, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and NORTHERN GOPHER ENTERPRISES, INC., a Minnesota corporation ("Property Owner"). RECITALS A. Property Owner is the owner of property having a street address of 17976 Judicial Road, Lakeville, Dakota County Minnesota, (PID 22-15000-01-010) legally described as Lot 1, Block 1, Bracketts Townhomes, Dakota County, Minnesota, according to the recorded plat thereof (the "Subject Property"). B. The Subject Property shall be assessed costs, fees and charges associated with the improvement of Judicial Road, City Project No. 20-02, in the total amount of Forty -Seven Thousand Four Hundred and no/100ths Dollars ($47,400.00) (the "Assessment"). NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. ASSESSMENT. The Subject Property is hereby assessed by the City for the improvements to Judicial Road in the amount of Forty -Seven Thousand Four Hundred and no/100ths Dollars ($47,400.00). The Assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The Assessment shall be payable in equal annual principal installments without deferment over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January 2021. The Assessment shall bear interest at the rate of 2.8% per annum from November 16, 2020. To the first installment shall be added interest on the entire Assessment from November 16, 2020 until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The Property Owner may at any time pay the City the entire amount of the Assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before December 15 or interest will be charged through December 31 of the next succeeding year. 2. AKNOWLEDGMENT AND WAIVER The parties acknowledge that this Agreement was reached in resolution of a legal dispute related to the City's assessments for City Project No. 20-02 and that neither party admits to the facts or liability related to their dispute. However, for purposes of this Agreement, Property Owner, its successors and assigns, waive any and all procedural and substantive objections to the 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. The parties further acknowledge that this Agreement does not have any effect on future assessments by the City against the Subject Property or property owned by Property Owner. 212904v4 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. 2 212904A CITY OF LAKEVILLE BY: Douglas T Anderson, Mayor f AND: Charlene Friedges, City Cle STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) he foregoing instrument was acknowledged before me this 7 4A day of Q2 �e tr , 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. i Notary Pu lic IOPENNY D BREWG NOTARY puwc - MINNESOTA MYMWISMEWRES01131125 3 212904A STATE OF MINNESOTA ) )ss. COUNTY OF • k- �, ) The foregoing instrument 17ec.Lkn S -r , 2020, b Northern Gopher Enterprises, Inc., 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 2129044 NORTHERN GOPHER ENTERPRISES, INC. By: dc�C_ Print Name: SoQ-P a A S t'h > L,,Gc C L -- Its: � �,-e S i h vas acknowledged before me this 3"4 day of i S«.4 5,.,4 L.,k,; , the ere-s,14n4- of a Minnesota corporation, -o-n'behalf foof said corporation. Notary Public T nlothy Jafn: Roche NOTARY PUBLIC MINNESOTA 91,YCOMMissionEXP-s 14 oirwr424