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HomeMy WebLinkAbout21-133CITY OF LAKEVILLE RESOLUTION NO. 21-133 RESOLUTION AMENDING RESOLUTION NOS. 17-76,17-170 AND 20-59 WHEREAS, Hat Trick Investments, LLC, a Minnesota limited liability company ("Hat Trick"), 22160 Cedar, LLC, a Minnesota limited liability company ("22160"), Old Dominion Freight Line, Inc., a Virginia corporation ("ODFL"), and Air Lake Development, Inc., a Minnesota corporation ("Airlake") (collectively, Hat Trick, 22160, ODFL and Airlake are referred to herein as the "Owners") are the fee owner of property located in Lakeville, Dakota County, Minnesota, legally described in Exhibit A attached hereto ("the Property"); and WHEREAS, the City of Lakeville and Hat Trick 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 a portion of the Property to be platted as Launch Park Second Addition ("Launch Park Second Property") in connection with 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 Hat Trick established the amount that the Property was to be assessed for the Project; and WHEREAS, the City Council adopted Resolution No. 17-170 on November 20, 2017 amending Resolution No. 17-76, which finalized and imposed the special assessment in the principal amount of $489,283.74 against the Launch Park Second Property; and WHEREAS, in connection with the platting of the Property as Launch Park Second Addition the City adopted Resolution No. 20-59 reapportioning the balance of the special assessments in the amount of $375,978.26 to the lots and blocks within the plat of Launch Park Second Addition; and WHEREAS, Hat Trick conveyed portions of its interest in the Property Airlake and 22160 prior to replatting the Property as Launch Park 3rd Addition ("Plat') and the current Owners have now petitioned the City to reapportion the remaining balance of the special assessments under the Agreement in the amount of $206,909.41 to the lots and outlots within Launch Park Third Addition, 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; and 1 217440v2 WHEREAS, Owners and the City also desire to amend the Agreement to reflect the proposed reapportionment of the assessments as provided in the Amendment to Public Improvement and Special Assessment Agreement attached hereto as Exhibit B ("Amendment'). NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota as follows: Owners acknowledge that the Property received a special benefit from the Project. 2. The Amendment to Public Improvement and Special Assessment Agreement attached hereto as Exhibit B is hereby approved. 3. City Resolution Nos. 17-76, 17-170 and 20-59 are hereby amended to reapportion the remaining balance of the Assessments for Launch Park Second lots and outlots in the amount of $206,909.41 to the lots and outlots within the Property, now platted as Launch Park Third Addition, in accordance with the terms of the Amendment. 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 4th day of October 2021 Charlene Friedges, City 2 217440v2 Douglas P. Anderson, Mayor EXHIBIT A Legal Description of Property 22160 Cedar, LLC Property: Lot 1, Block 1, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Airlake Development, Inc. Property: Lot 2, Block 1, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Old Dominion Freight Line, Inc. Property: Lot 1, Block 2, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Hat Trick Investments, LLC Property: Outlot B, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. 3 217440v2 AMENDMENT TO PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT THIS AMENDMENT TO PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT ("Amendment") is made this day of , 2021, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and HAT TRICK INVESTMENTS, LLC, a Minnesota limited liability company ("Hat Trick"), 22160 CEDAR, LLC, a Minnesota limited liability company ("22160"), OLD DOMINION FREIGHT LINE, INC., a Virginia corporation ("ODFL"), and AIRLAKE DEVELOPMENT, INC., a Minnesota corporation ("Airlake") (collectively, Hat Trick, 22160, ODFL and Airlake are referred to herein as the "Owners"). RVC1TAl.fi A. Owners are the respective fee owners of certain real property situated in Dakota County, Minnesota, legally described on Exhibit A (the "Property"); B. City and Hat Trick, the Owners' predecessor in interest of the Property, previously entered into a Public Improvement and Special Assessment Agreement dated June 13, 2017 and recorded as Dakota County Recorder document number A3199662 ("Agreement"), involving the Property to be platted as Launch Park Second Addition ("Launch Park Second Property") and City Project No. 17-07 (hereinafter "Project"); C. In the Agreement, City and Owner established the amount that the Launch Park Second Property was to be assessed for the Project which was later amended by Resolution of the City Council in the amount of $489,283.74. D. Subsequent to platting Launch Park Second Addition, the balance of the Assessments in the amount of $375,978.26 were reapportioned to the Launch Park Second Addition lots and outlots as provided in City Resolution No. 20-59, pursuant to the authority granted the City by Minn. Stat. § 429.071, upon a finding that such reassessment or reapportionment of assessment for the Launch Park Second Property would not materially impair collection of the remaining balance of unpaid special assessments. E. Owners subsequently subdivided the Launch Park Second Property together with additional property as Launch Park Third Addition and have now petitioned the City to reapportion the special assessments to the Property 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. 1 Error! Unknown document property name. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein as if fully set forth below, and in consideration of the mutual promises and covenants and obligations herein set forth, the parties agree as follows: 1. Special Benefit. Owners acknowledge that the Property received a special benefit from the Project. 2. Assessment Amount. The Launch Park Second Property was assessed for the Project pursuant to Minn. Stat. § 429.011, et. seq. The assessment was levied in 2017. On June 19, 2017, the amount of the Assessment was corrected by City of Lakeville Resolution No. 17-170 to reflect an original assessment of $489,283.74. In 2020, subsequent to a lot subdivision, the remaining amount of the Assessment in the amount of $375,978.26 was re -apportioned to the lots and outlots within the Launch Park Second Property pursuant to City of Lakeville Resolution No. 20-59 as follows: Percentage of Parcel Remaining Assessment Lot 1, Block 1 29.8% Outlot B 62.7% Outlot A 7.4% 3. Reapportionment. The parties agree to reapportion the remaining balance of the Assessments for the Launch Park Second Property lots and outlots in the amount of $206,909.41 to the lots and outlots within the Property, now platted as Launch Park Third Addition, as follows: Percentage of Reapportioned Assessment to Launch Park Second Parcel Launch Park Third Parcel(s) Outlot B Lot 1, Block 2: 29.4% Outlot B: 70.6% Outlot A Lot 2, Block 1: 100% Lot 1, Block 1 Lot 1, Block 1: 100% 4. Assessment Adopted. The assessment is deemed adopted effective the date this Amendment is signed by the parties. 5. Amendment of Exhibit A to Agreement. Exhibit A of the Agreement is hereby amended as provided in Exhibit A attached hereto. 6. Survival of Other Provisions o fAgreement. Except as otherwise provided in this Amendment, all other provisions of the Agreement survive and shall be given full force and effect. 2 Error! Unknown document property name. 7. Waiver. 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. 8. Recording. This Amendment will be recorded against the Property and will run with the land and bind Owners' successors and assigns. CITY OF LAKEVILLE W. -I Douglas P. Anderson, Mayor (SEAL) AND Charlene Friedges, City Cle STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2021, by Douglas P. Anderson and by Charlene Friedges, 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 3 Error! Unknown document property name. OWNERS: HAT TRICK INVESTMENTS, LLC BY: ITS: Vice President STATE OF MINNESOTA ) )ss. COUNTY OF \Ja M iti �) The foregoing instrument was acknowledged before me this --W-day of 54.Pttz31-"-'52021, by Daniel O. Regan, the Vice President, of Hat Trick Investments, LLC, a Minnesota limited liability company, on its behalf. /(`7 Notary Public 0 - -- -------------- ---- MADISON ILLI LMU MMONG NO MYCOMMOOM E%/�.AX 31.3160 4 Error! Unknown document property name. 22160 CEDAR, LLC BY: I ITS: STATE OF MINNESOTA ) F )ss. COUNTY OF--" The foregoing instrument was acknowledged before me this Z 1 day of l°~' "�'; 2021, by Daniel O. Regan, the Chief Manager, of 22160 Cedar, LLC, a Minnesota limited liability company, on its behalf. Notary Public $. MADISON ELLE LUNosor • " Wy coirM to Naartoo . a1. r 5 Error! Unknown document property name. OLD DOMINION FREIGHT LINE, INC. BYhU44,j 1. ITS. NQRrAi Cf- OUNA STATE OF WR49+N4A ) )ss. COUNT'" OF bRV IDSON The foregoing instrument was acknowledged before me this tAa"�day of S-pfember' , 2021, by ke.v in (� . FreP,�czn . the E—v P f Co O . of Old Dominion Freight Line, Inc., a Virginia corporation, on its behalf. CRA�yF\ �G NOTARY �O PUBLIC Commission Expires 14, 202 / �� a .� Notary Public b Error* unknown document property name. AIRLAKE DEVELOPMENT, INC. BY: 1 ITS: c QC e-rf i STATE OF MINNESOTA ) )ss. COUNTY OFA i ) The foregoing instrument was acknowledged before me this, day of t , 2021, by Daniel O. Regan, the Vice President, of Airlake Development, Inc., a Minnesota corporation, on its behalf. - -ia- Notary Publi PF A* IBM ELLE LUNOSOI�} wr"V P,.M Mr covet M•tt+Esot,► tssaw octw uuv, THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 AMP 7 Error! Unknown document property name. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 22160 Cedar, LLC Property: Lot 1, Block 1, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Airlake Development, Inc./Hat Trick Investments, LLC (tenants in common) Property: Lot 2, Block 1, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Old Dominion Freight Line, Inc. Property: Lot 1, Block 2, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. Hat Trick Investments, LLC Property: Outlot B, Launch Park Third Addition, Dakota County, Minnesota according to the recorded plat thereof. 8 Error! Unknown document property name.