HomeMy WebLinkAbout21-100CITY OF LAKEVILLE
RESOLUTION NO. 21-100
RESOLUTION APPROVING PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT
AGREEMENT FOR GLACIER WAY IMPROVEMENTS
WHEREAS, the Devney Land Trust, dated November 29, 2012 ("Devney") is the fee owner of
property located in the City of Lakeville, Dakota County, Minnesota, legally described in Exhibit
A of the Public Improvement and Special Assessment Agreement, attached hereto and
incorporated herein ("Devney Property'); and
WHEREAS, Pulte Homes of Minnesota, LLC, Minnesota limited liability company ("Pulte") is
the fee owner of property located in the City of Lakeville, Dakota County, Minnesota, legally
described in Exhibit B of the Public Improvement and Special Assessment Agreement, attached
hereto and incorporated herein ("Pulte Property'); and
WHEREAS, Devney and Pulte requested assessment of a portion of the costs associated with
City Project 21-21, together with associated legal expenses, engineering administration and staff
time, financing, construction observation, surveying, record drawing preparation, permits and
publications against their respective properties; and
WHEREAS, the City received the attached signed Public Improvement and Special Assessment
Agreement, attached hereto that includes assessment of a portion of the costs for City Project 21-
21, and waiving all applicable assessment procedural requirements, and requesting to be assessed
for the public improvement costs in the amount itemized therein against the Devney Property
and Pulte Property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville,
Minnesota:
1. The Assessment Agreement is hereby accepted and approved.
2. Devney Proper
a. A special assessment in the principal amount of $415,690.00 is hereby imposed against
the Devney Property.
b. Such assessment shall be payable in equal annual installments extending over a period of
10 years, the first of the installments to be payable with the first installment of the 2022
property taxes, and shall bear interest at the rate of 3.5% per annum. To the first
installment shall be added interest on the entire assessment from the date of this
resolution until December 31, 2022. To each subsequent installment when due shall be
added interest for one year on all unpaid installments. The entire unpaid balance of the
assessment shall be due and payable in full upon the sale of any portion of the Devney
Property.
3. Pulte Prop
a. A special assessment in the principal amount of $537,665.00 is hereby imposed against
the Pulte Property.
b. Payment of a portion of the special assessment in the amount of $137,915.00 shall be paid
upon adoption of the date of this resolution.
c. The remaining assessment in the amount of $399,750.00 shall be payable in equal annual
installments extending over a period of 5 years, the first of the installments to be payable
with the first installment of the 2022 property taxes, and shall bear interest at the rate of
3.5% per annum. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2022. To each subsequent installment
when due shall be added interest for one year on all unpaid installments. Upon recording
of a final plat of the Pulte Property the deferred assessments shall be apportioned equally
to the lots (but not outlots) in the plat. The deferral for a lot within a plat of the Pulte
Property shall terminate and the entire unpaid balance plus accrued interest shall be due
and payable in full at the time of sale of the lot. The first installment shall be payable with
taxes paid in 2022 and will include interest from the date of adoption of this assessment
through December 31, 2022.
4. 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 this 2nd day of August 2021.
CITY OF LAKEVILLE
M X
AO
Douglas P. • •Mayor
ATTEST: /'I
Charlene Friedges, City
PUBLIC IMPROVEMENT AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of , 2021, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and JACOB M. DEVNEY and STEVEN J.
DEVNEY, TRUSTEES OF THE DEVNEY LAND TRUST, dated November 29, 2012 ("Devney"),
and THE PULTE HOMES OF MINNESOTA, LLC, Minnesota limited liability company ("Pulte")
(Devney and Pulte are collectively referred to herein as the "Property Owners").
RECITALS
A. Devney is the fee owner of the property legally described in Exhibit A attached hereto and
incorporated herein (the "Devney Property").
B. Pulte is the fee owner of the property legally described in Exhibit B attached hereto and
incorporated herein (the "Pulte Property").
C. The Devney Property and the Pulte Property are collectively referred to herein as the
"Subject Property."
D. The Property Owners have requested that the City assess a portion of the total amount of the
fees and charges associated with the installation of the public improvements for City Project 21-21
necessary the development of the Subject Property in accordance with the term of this Agreement (the
"Public Improvements").
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. Special Assessment. The Property Owners have each agreed to pay one-half of the costs for the turn
lane from 170 Street at Glacier Way and one-half of the costs for the construction of the improvements
associated with Glacier Way. Pulte has agreed to pay 100% of the costs for the turn lane from 179th Street at
Gerdine Path. The City shall design and construct the Public Improvements and Property Owners shall pay
the City's costs and expenses. The City shall assess the cost of the Public Improvements together with
administrative, planning, engineering, capitalized interest, legal and bonding costs against the Subject Property
("Assessments"). The City shall be responsible for the costs of the trail.
2. Public Improvement Costs and Allocation. The Assessments for the Public Improvements are
broken down into "Devney" and "Pulte" for allocation to their respective portions of the Subject Property as
set forth in Exhibits A and B and as follows:
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A.
B.
C.
D.
Improvement Devney Property Pulte Property
179'h St. Turn Lane at Glacier Way $64,430.00 $64,430.00
1791h St. Turn Lane at Gerdine Path $0
Glacier Way
Indirect Costs
$263,059.00
$88,201.00
PUBLIC IMPROVEMENT COSTS
TOTAL $1,181,173.00 $415,690.00
$101,919.00
$263,059.00
$108,257.00
$537,665.00
The City will be responsible for the cost of the trail included in the Project in the amount of $227,818.00.
3. Payment of Costs and Assessments. The Public Improvement Costs shall be paid as follows:
Devney Property: The City will assess the Devney Property Four Hundred Fifteen Thousand Six
Hundred Ninety and No/100 Dollars ($415,690.00) for Devney's share of the total costs of the Public
Improvements. The assessment shall be deemed adopted on the date this Agreement has been approved by
the City. The assessment shall be deferred over a ten (10) year period in equal annual installments, together
with interest of three and a half percent (3.5%) per year from the date of the adoption of this assessment on
the unpaid balance. The deferral shall terminate and the entire unpaid balance shall be due and payable in
full upon the sale of any portion of the Devney Property. The first installment shall be payable with taxes
paid in 2022 and will include interest from the date of adoption of this assessment through December 31,
2022.
Pulte Property: The City will assess the Pulte Property Five Hundred Thirty -Seven Thousand Six
Hundred Sixty -Five and No/100 Dollars ($537,665.00) for Pulte's share of the total costs of the Public
Improvements. The assessment shall be deemed adopted on the date this Agreement has been approved by
the City Pulte shall make an initial payment of One Hundred Thirty -Seven Thousand Nine Hundred Fifteen
and No/100 Dollars ($137,915.00) upon approval of this Agreement by the City. The remaining
Assessments in the amount of Three Hundred Ninety -Nine Thousand Seven Hundred Fifty and No/100
Dollars ($399,750.00) shall be deferred over a five (5) year period in equal annual installments, together
with interest of three and a half percent (3.5%) per year from the date of adoption of this assessment on the
unpaid balance. Upon recording of a final plat of the Pulte Property the deferred assessments shall be
apportioned equally to the lots (but not outlots) in the plat. The deferral for a lot within the plat of the Pulte
Property shall terminate and the entire unpaid balance plus accrued interest shall be due and payable in full
at the time of sale of the lot. The first installment shall be payable with taxes paid in 2022 and will include
interest from the date of adoption of this assessment through December 31, 2022.
4. Waiver. The Property Owners, their successors and assigns, waive any and all procedural and
substantive objections to the Public Improvements and special assessments against their respective properties,
including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the
Devney Property or Pulte Property. Devney and Pulte waive any appeal rights otherwise available pursuant to
Minn. Stat. § 429.081.
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5. Binding Effect; Recording. This Agreement shall be binding upon the Property Owners and their
successors and assigns in title to their respective properties. This Agreement shall run with the land and may
be recorded against the title to the Devney Property and the Pulte Property.
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[Signature pages to follow]
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CITY OF LAKEVILLE
By:
Douglas. Anderson,Mayor
(SEAL)
VITII
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Charlene Friedges, City
The foregoing instrument was acknowledged before me this day of ,
2021, by Douglas P. Anderson and Charlene Friedges, respectively the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
Notary Public
2167says
TII
STATE OF MINNESOTA )
ss.
COUNTY OF IA46VI14 )
The foregoing instrument was acknowledged before me this ? -9 day of � SLK ,
2021, by Cr>m aus&A,er) thej)j)ggnW_0*0cvQwwof The Pulte Homes of Minnesota, LLC, a Minnesota
limited liability company, on behalf of the limited liability company
Notary b
JENNIFER LYNNE IAUJVAD•NERRMAINi
Notary Public
Minnesota
My Commission Expires
a•+_� Jan 31, 2026
216758v5 5
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STATE OF MINNESOTA )
)ss.
COUNTY OF _)
THE DEVNEY LAND TRUST,
DATED NOVEMBER 29, 2012
IM
Jacob W. Devney, Trustee
Steven J. Devney, Trustee
Theforegoing instrument was acknowledged before me this �� day of
2021, by Jacob W. Devney, Trustee of the Devney Land Trust, dated
November 9, 2012, on behalf of the trust.
LNOTARY
y COX
pl*w-A- (IA,-, PUBLIC
NOTARY PUBLIC ^OTA
;; Mres113112024
STATE OF MINNESOTA )
)ss.
COUNTY OF )
^ The foregoing instrument was acknow
J , 2021, by Steven J. Devney,
Novem er 29, 2012, on behalf of the trust.
edged before me this 2.1�4 day of
Trustee of the Devney Land Trust, dated
NOTARY PUBLIC
Ashley t 11 cox
NOTARY PUBLIC
MINNESOTA
19my Commission Expires 1131/2024
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
6
EXHIBIT A
DEVNEY PROPERTY LEGAL DESCRIPTION
The South Half of the Southwest Quarter (S1/2 SWI/4), Section Ten (10), Township One Hundred
Fourteen (114), North of Range Twenty (20), West of the Fifth Principal Meridian, EXCEPT that part of
such property lying northerly of the following described line: Commencing at the northwest corner of said
SI/2 SW1/4; thence south 01 degree 02 minutes 26 seconds east, assumed bearing along the west line of
said S1/2 SWI/4, a distance of 269.25 feet to the Point of Beginning of the line to be described; thence
north 88 degrees 57 minutes 34 seconds east, a distance of 1397.67 feet; thence southeasterly a distance of
74.07 feet, along a tangential curve, concave to the south, having a central angle of 02 degrees 56 minutes
50 seconds and a radius of 1440.00 feet; thence south 88 degrees 05 minutes 36 seconds east, tangent to
said curve, a distance of 96.85 feet; thence southeasterly a distance of 200.84 feet, along a tangential curve,
concave to the southwest, having a central angle of 11 degrees 47 minutes 24 seconds and a radius of 976.00
feet; thence southeasterly a distance of 473.55 feet, along a tangential curve, concave to the southwest,
having a central angle of 18 degrees 42 minutes 44 seconds and a radius of 1450.00 feet; thence
southeasterly a distance of 277.66 feet, along a reverse curve concave to the North, having a central angle
of 28 degrees 55 minutes 31 seconds and a radius of 550.00 feet; thence south 04 degrees 10 minutes 29
seconds east, NOT tangent to last described curve, a distance of 764.84 feet to the south line of said S1/2
SWI/4; thence north 89 degrees 47 minutes 18 seconds east, along said south line, a distance of 163.67 feet
to the southeast corner of said S''/2 SW'/4 and there terminating, and EXCEPT that part platted as DAKOTA
COUNTY ROAD RIGHT OF WAY MAP NO. 234, according to the recorded plat thereof, Dakota County,
Minnesota.
Excepting therefrom all that part described as follows:
That part of the South Half of the Southwest Quarter (S1/2 SWI/4), Section Ten (10), Township One
Hundred Fourteen North of Range Twenty (20), West of the Fifth Principal Meridian, described as follows:
Commencing at the northwest corner of said South Half of the Southwest Quarter; thence South 01 degrees
02 minutes 26 seconds East, assumed bearing along the west line of said South Half of the Southwest
Quarter, a distance of 269.25 feet; thence North 88 degrees 57 minutes 34 seconds East, a distance of
1226.82 feet to the point of beginning; thence continuing North 88 degrees 57 minutes 34 seconds East, a
distance of 170.85 feet; thence southeasterly a distance of 74.07 feet, along a tangential curve, concave to
the south, having a central angle of 02 degrees 56 minutes 50 seconds and a radius of 1440.00 feet; thence
South 88 degrees 05 minutes 36 seconds East, tangent to said curve, a distance of 96.85 feet; thence
southeasterly a distance of 200.84 feet, along a tangential curve, concave to the southwest, having a central
angle of 11 degrees 47 minutes 24 seconds and a radius of 976.00 feet; thence southeasterly a distance of
473.55 feet, along a tangential curve, concave to the southwest, having a central angle of 18 degrees 42
minutes 44 seconds and a radius of 1450.00 feet; thence southeasterly a distance of 16.78 feet, along a
reverse curve concave to the north, having a central angle of 01 degrees 44 minutes 54 seconds and a radius
of 550.00 feet; thence South 24 degrees 15 minutes 51 seconds West, NOT tangent to last described curve,
a distance of 143.60 feet; thence South 29 degrees 20 minutes 15 seconds West, a distance of 47.11 feet;
thence South 61 degrees 03 minutes 10 seconds East, a distance of 75.40 feet; thence South 24 degrees 42
minutes 07 seconds West, a distance of 109.61 feet; thence South 69 degrees 37 minutes 29 seconds East,
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a distance of 68.92 feet; thence South 04 degrees 10 minutes 29 seconds East, a distance of 246.85 feet;
thence South 89 degrees 47 minutes 38 seconds West, a distance of 323.34 feet; thence North 10 degrees
30 minutes 16 seconds West, a distance of 49.92 feet; thence South 76 degrees 01 minutes 50 seconds West,
a distance of 113.54 feet; thence North 13 degrees 58 minutes 10 seconds West, a distance of 73.13 feet;
thence South 70 degrees 15 minutes 36 seconds West, a distance of 51.58 feet; thence South 75 degrees 34
minutes 29 seconds West, a distance of 183.49 feet; thence northwesterly along a non-tangential curve,
concave to the southwest, a distance of 279.01 feet, having a central angle of 28 degrees 32 minutes 47
seconds, a radius of 560.00 feet and a chord that bears North 35 degrees 45 minutes 09 seconds West; thence
northwesterly a distance of 376.18 feet, along a reverse curve concave to the northeast, having a central
angle of 48 degrees 59 minutes 06 seconds and a radius of 440.00 feet; thence North 01 degrees 02 minutes
26 seconds West, tangent to said curve, a distance of 217.93 feet to the point of beginning.
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EXHIBIT B
PULTE PROPERTY LEGAL DESCRIPTION
That part of the South Half of the Southwest Quarter (S1/2 SW1/4), Section Ten (10), Township One
Hundred Fourteen North of Range Twenty (20), West of the Fifth Principal Meridian, described as follows:
Commencing at the northwest corner of said South Half of the Southwest Quarter; thence South 01 degrees
02 minutes 26 seconds East, assumed bearing along the west line of said South Half of the Southwest
Quarter, a distance of 269.25 feet; thence North 88 degrees 57 minutes 34 seconds East, a distance of
1226.82 feet to the point of beginning; thence continuing North 88 degrees 57 minutes 34 seconds East, a
distance of 170.85 feet; thence southeasterly a distance of 74.07 feet, along a tangential curve, concave to
the south, having a central angle of 02 degrees 56 minutes 50 seconds and a radius of 1440.00 feet; thence
South 88 degrees 05 minutes 36 seconds East, tangent to said curve, a distance of 96.85 feet; thence
southeasterly a distance of 200.84 feet, along a tangential curve, concave to the southwest, having a central
angle of 11 degrees 47 minutes 24 seconds and a radius of 976.00 feet; thence southeasterly a distance of
473.55 feet, along a tangential curve, concave to the southwest, having a central angle of 18 degrees 42
minutes 44 seconds and a radius of 1450.00 feet; thence southeasterly a distance of 16.78 feet, along a
reverse curve concave to the north, having a central angle of 01 degrees 44 minutes 54 seconds and a radius
of 550.00 feet; thence South 24 degrees 15 minutes 51 seconds West, NOT tangent to last described curve,
a distance of 143.60 feet; thence South 29 degrees 20 minutes 15 seconds West, a distance of 47.11 feet;
thence South 61 degrees 03 minutes 10 seconds East, a distance of 75.40 feet; thence South 24 degrees 42
minutes 07 seconds West, a distance of 109.61 feet; thence South 69 degrees 37 minutes 29 seconds East,
a distance of 68.92 feet; thence South 04 degrees 10 minutes 29 seconds East, a distance of 246.85 feet;
thence South 89 degrees 47 minutes 38 seconds West, a distance of 323.34 feet; thence North 10 degrees
30 minutes 16 seconds West, a distance of 49.92 feet; thence South 76 degrees 01 minutes 50 seconds West,
a distance of 113.54 feet; thence North 13 degrees 58 minutes 10 seconds West, a distance of 73.13 feet;
thence South 70 degrees 15 minutes 36 seconds West, a distance of 51.58 feet; thence South 75 degrees 34
minutes 29 seconds West, a distance of 183.49 feet; thence northwesterly along a non-tangential curve,
concave to the southwest, a distance of 279.01 feet, having a central angle of 28 degrees 32 minutes 47
seconds, a radius of 560.00 feet and a chord that bears North 35 degrees 45 minutes 09 seconds West; thence
northwesterly a distance of 376.18 feet, along a reverse curve concave to the northeast, having a central
angle of 48 degrees 59 minutes 06 seconds and a radius of 440.00 feet; thence North 01 degrees 02 minutes
26 seconds West, tangent to said curve, a distance of 217.93 feet to the point of beginning.
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