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Home My WebLink About19-079CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 19-79 RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT AGREEMENT AND ASSESSMENTS WHEREAS, James S. Lindquist and Ruth Lindquist, husband and wife ("Owners") are the fee owners of property located in the City of Lakeville, Dakota County, Minnesota, legally described as follows: Lot 12 Block 1, The Oaks of Lakeville, Dakota County, Minnesota, according to the recorded plat thereof ("Property"); WHEREAS, Owners have requested assessment of all fees and costs associated with replacement of the curb stop, including excavation, replacement and parts, in an amount not to exceed $5,000 (collectively, the "Assessment"); WHEREAS, the City has received the attached signed Special Assessment Agreement, attached hereto as Exhibit A ("Assessment Agreement") that includes assessment of the fees and costs for the replacement of the curb stop serving the Property and waiving all applicable assessment procedural requirements and requesting to be assessment for the public improvement costs in the amount identified therein against the Property; NOW THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: The Assessment Agreement is hereby accepted and approved. 2. A special assessment in an amount not to exceed $5,000.00 is hereby imposed against the Property. 3. Such assessment shall be payable in equal annual installments extending over a period of 5 years and shall bear interest at the rate of 5% per annum accruing from November 1' of the year when the improvements are constructed. The first installment shall be payable the year following the substantial completion of the connection to public utilities and will include interest from November I' of the year of substantial completion through December 31 ' of the following year. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of the Property may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city, except that no interest shall be charged in the entire assessment is paid within 60 days from the adoption of this resolution; and the owner of the 203266v1 Property may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 1 st or interest will be charged through December 31 of the next succeeding year. 5. 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 5"' day of August 2019 CITY OF LAKEVILLE r • - tsRMayor ATT T: Charlene Friedges, tity Clerk 203266v1 2 SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this J day of UI , 2019, by and between the CITY OF LAKEVILLE, a Minnesota municipal &brporation ("City") and JAMES S. LINDQUIST and RUTH LINDQUIST, husband and wife ("Property Owners"). RECITALS A. Property Owners are the owners of property having a street address of 17775 Ketchikan Trail, Lakeville, Minnesota, 55044, legally described a follows: Lot 12 Block 1, The Oaks of Lakevilla, Dakota County, Minnesota, according to the recorded plat thereof (the "Subject Property"). B. The Property Owner desires to have the curb stop that serves the Subject Property replaced. C. Property Owner has requested that the City assess all costs for the replacement of the curb stop, including excavation, replacement and parts, in an amount not to exceed $5,000 collectively, the "Assessment"). NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENTS. The City will specially assess the Assessments to the Subject Property for the costs to replace the curb stop serving the Subject Property. 2. SPECIAL ASSESSMENT. The City will assess the Subject Property for the costs in an amount not to exceed Five Thousand and No/100ths Dollars ($5,000.00). The Assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The Assessment shall be spread without deferment over a five (5) year period in equal annual installments, together with interest of five percent (5%) per year on the unpaid balance accruing from November 1' of the year when the improvements are constructed. The first installment shall be payable the year following the substantial completion of the connection to public utilities and will include interest from November 1St of the year of substantial completion through December 31' of the following year. 3. WAIVER. 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. 4. 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. 2030841 CITY OF LAKEVILLE BY: Dg s P. Anderson, Mayor AND: z /z4,11 Charlene Friedges, City Cler STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this soh day of y , 2019, 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 it City Council. Notary Pub PENNY D. BREVIG Nota Public - Minnesota My Comm Notary Expires Jan. 31, 2020 203084v1 PROPERTY OWNERS: Ruth Lindquist STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by James S. Lindquist and Ru%Lindquist, husband and wife. 10 .1f.11W0:3111-Ya CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP 3 203084v1 L TAMARA B. WWCE tVARYPUBLIC-1XNNESO?A my Conxnisw Expires Jan. M, 2021 10 .1f.11W0:3111-Ya CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP 3 203084v1