HomeMy WebLinkAbout90-127 .
. CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLIITION
Date October 1, 1990 Resolution. No. 90-127
Motlon By Ruhmann Seconded By Mulvihill
WHEREAS, the determination has been made that it is in the
City's best interest to enter into the Settlement Agreement .attached
hereto as Exhibit "A", including :`the special assessments referred to
in the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lakeville:
1. The Mayor and City Clerk are authorized and directed to
S execute the Settlement Agreement attached hereto as Exhibit "A".
2. The City hereby .adopts as an assessment roll the
assessments referred to in paragraph 1 of ahe Settlement Agreement..
ADOPTED this 1st day of October, 1990, by the City Council of
the City of Lakeville.
CITY OF -~,AKEVILLE
BY:
Du ne R. Zaun, r
fiEST : ,
~ 1
u ~ „ ,
Charlene. Friedges, City C erk
• STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE 10: OTHER CIVIL
SPECIAL ASSESSMENT APPEAL
John Emory and Annette Emory,
husband and wife; Kevin W. .Smith Court File Nos. C8-89-8058,
and Lorrinda G. Smith, husband. CX-89-8059, C6-89-80:60,
and wife; Phillip A. Ward and C8-89-8061, CX-89-8062,
Colleen R. Ward, husband and C1-89-8063, C3-89-80b4
wife; Clifford J. Simons and
Lori J. Simons,-husband and wife;
Andrew J. Pritchard and Gudrun
Pritchard, husband and wife;. Gary
E. Schmidt and Amy B. Schmidt..,
husband and wife; and Francis W. SETTLEMENT AGREEMENT
Suss and Nancy L. Suss, husband
and wife,
Appellants,
vs.
City of Lakeville, Dakota County,
Minnesota,
. Respondent.
AGREEMENT made this lst day of October , 1990, by,
between, and among the City of Lakeville, a Minnesota municigal
corporation ("City"), and John Emory and Annette Emory, husband
and wife; Kevin W. Smi~t~i and Lorrinda G. Smith, husband and wife;
Phillip A. Ward and Colleen ~R. Ward, husband and wife; Clifford
J. Simons and Lori J. Simons, husband and .wife; Andrew J.
Pritchard and Gudrun Pritchard, husband and wife.;.Gary E. Schmidt
and Amy B. Schmidt, husband and wife; and Francis W. Suss and
Nancy L. Suss, husband and wife ("Appellants.").
•
r09/27/90
WHEREAS, on September 11, 1989, the City levied special •
assessments against the following described properties ("subject
property") for improvement project 88-1 in the following
principal amounts:-
Owner Parcel Number Assessment
Emory 22-84600-020-01 $ 9,156.07
Smith 22-84600-010-02 $ 9,156.07
Ward 22-84600-110-02 $ 9,156.07
Simons 22-84600-090-04 $ 9,220.81
Pritchard 22-84600-010-03 $ 5,904.91
Schmidt 22-84.600-100-01 $ 5,904.91
Suss 22-.84600-060.-04 $ 9,220.81
WHEREAS, prior to or at the assessment hearing on September
11, 1989, Appellants each filed an objection to the assessment,.
and later filed a Notice of Appeal of the above referenced
special assessments; and
WHEREAS, a trial was. held before the Honorable John Daly on •
May 9, 1990, and May 18, 1990; and
WHEREAS, the parties now wish to enter this Agreement
stipulating to a reassessment for each Appellant's property.
NOW, THEREFORE, the parties agree as follows:
L. The special assessments for improvement project 88-1
against the following properties are agreed upon and confirmed by
.the parties:
a.~ Owner: John and Annette Emory
P.I.D. No. 22-84600-020-O1
Legal: Lot 2, Block 1, Woodbury 1st Addition
Assessment: $4,578.04
b. Owner: Kevin and Lorrinda Smith
P.I.D. No. 22-84600-010-02
Legal: Lot 1, Block 2, .Woodbury 1st Addition
Assessment: $4,578.04
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c. Owner: .Phillip and Colleen Ward
P.I.D. No. 22-84600-110-02
Legal: Lot il, Block 2, Woodbury lst Addition
Assessment: $4,578..04
d. Owner: Clifford and Lori Simons
P.S.D. No. 22-84600-090-04
Legal: Lot 9, Block 4, Woodbury 1st Addition
Assessment: $4,610.41
e. Owner: Andrew and Gudrun Pritchard
P.I.D. No. 22-84600-010-03
Legal:. Lot 1, Block. 3, Woodbury 1st Addition
Assessment: $3,542.95
f. Owner: Gary. and Amy Schmidt
P.I.D. No. 22-84600-100-01
Legal: Lot 10, Block 1, Woodbury 1st Addition
Assessment: $3,542.95
g. Owner: Francis and Nancy Suss
P.I.D. No. 22-84600-060-04
Legal: Lot 6, Block 4, Woodbury 1st Addition
Assessment: $4,610.41
2. The parties agree that installments of principal and
• interest due on the original assessment will be removed from each
Appellants' property for the years 1991 through 2010.
3. The Lakeville City Council will, by resolution, adopt an
assessment roll-consistent with the assessment. amounts in
paragraph i of this. Agreement.
4. The City will certify the amended assessment roll to the.
Dakota County Auditor for taxes payable in 1:991.
5. The City will make refunds of special assessment amounts.
paid May 15, 1990, to each Appellant as follows:
a. Emory $ 721.04
b. .Smith 0
c. Ward $ 721.04
d. Simons $ 726.14
e. Pritchard $ 465.02
f. Schmidt $ 465.02
. g. Suss $ 726.14
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6. The City will pay the installment of the special •
assessments due October 15, 1990, to the Dakota County Treasurer
as follows:
a. Emory $ 721.04
b. Smith $ 721.04
c. Ward $ 721.04
d. Simons $ 726.14
e. Pritchard $ 465.02
f. Schmidt $ 465.02
g. Suss $ 726.14
7. The new assessments shall be payable commencing in 1991.
The annual interest rate shall be 8.6%. Appellants may prepay the
assessments in full, without interest, within thirty (30) days of
the date the City adopts the amended assessment roll. Assessments.
not prepaid shall be spread over twenty (20) years.
8. Appellants waive all rights granted by Minnesota
Statutes. Chapter 429 with respect to this reassessment., including .
but not limited to, the right to notice, hearing, and to appeal
the reassessment to District Court.
9. This Settlement Agreement is contingent on Judge Daly
denying the City's Motion for Amended Findings. If Judge Daly
changes. his findings. regarding benefit to the subject properties,
this Agreement is void.
Dated: October 4 , 1990. CITY OF LAKEVILLE
l~ f
BY : fit.-Z.[-sl..~
D ne R. Zaun, yor
y~ o
~ 4
AND ~ ~ s'i' r~ ~ ~ -
Charlene Friedges, City,'lerk
1
•
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,
° CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY:
ELLIOTT B. ETSCH, #168130.
Attorneys or Respondent
3460 Washington Drive
Suite 202
Eagan, Minnesota 85122
(612) 456-9539
Dated: 1 , 1990.
c JO EMO Y
AN ETTE EMORY
Dated: ~Q , 1990.
KEVIN W, SMITH
LORRINDA G. MITH
, /
Dated: ~ ~ y , 1990. ,//,°'~i; f
PHILLIP A. WARD`
1
~i l 1
~ 1~ i e- t tt : t d~.
COLLEEN R. WARD
Dated: ~ - ~ tS , 1990.
CLIF D IMONS
i
~ .
LORT J. SIM S
Dated: ~ V / v , 1990.
DREW J. PRITCHARD
RUN PRITCHARD
-5-
Dated: 1990. ~
G E. CHMIDT
AMY B.~SCHMIDT
Dated: 1` Q~ 1990.
FRANCIS W. SUSS
NANCY L. SS
~ ~7
Dated : ~ ~ , 19 9 0 . KRAS S & M~NR C TE ~ D 7
/
BY: ~ _i'! ~
LI ,
At orneys for Appellants
327 South Marschall.Road
Suite 300
P.O. Box 216
Shakopee, MN 55379
(612) 445-5080
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