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HomeMy WebLinkAbout90-111 CITY OF LAKEVLLLE • RESOLUTION Date September 17, 1990 Resolution No. 90-111' Motion by Sindt Seconded by Mulvihill RESOLUTION ADOPTING ASSESSMENT .FOR IMPROVEMENT PROJECT 89-4, GRIFFON TRAIL (UPPER 164TH STREET) - CEDARGLEN UTILITIES AND STREET LMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for Improvement Project 89-4. NOW, THEREFORE, BE IT RESOLVED by the City Council of • Lakeville, Minnesota:.. 1. Such proposed assessment No. 522 in the amount of $283,073.77, a copy of which is attached hereto and made a part hereof, is hereby accepted and 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 improvement in the amount. of the assessment levied against it. 2. Such assessments shall be levied and deferred in accordance with the attached Addendum to the Development Contract. 3. The owner of any property so assessed 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 treasurer, except that no interest shall be charged if the entire- assessment is paid within 30 days from the adoption of this resolution; and he may, at any time.. • thereafter, pay to the .city treasurer the entire amount of the assessment remaining .unpaid, with interest accrued to December 3L of the year in which such. payment is made. Such payment must be made before October 17, 1990, or interest will be charged through December 3I of the succeedingyear. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the. county. auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the City. Council of the City of Lakeville,: Minnesota, 17th day of September, 1990.. CITY OF KEVILLE BY: Dua a Zaun, Ma o ATTEST: • ~ ~ ~ Charlene Friedges, Cit Clerk • . . ~ ~ , 893994 s` r DEVELOPMENT CONTRACT • ADDENDUM AGREEMENT dated A~e21L , 1989, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City"), and GROUND DEVELOPMENT CORPORATION, a Minnesota corporation (the "Developer"). 1. BACKGROUND. The parties have previously entered into a Development Contract for zhe cedar Glen plat. The contract was recorded as Document No. 822292 in the Dakota County Recorder's office. That contract shall remain in full force and effect except as specifically modified by this Addendum to that Contract. 2. IMPROVEMENT PROJECT 89-4. The City has approved or has under consideration public improvement project 89-4, the extension • and improvement of Upper 164th Street West and Griesen Avenue, together with the installation of sanitary sewer, water, and storm sewer. The estimated amount of special assessments against the plat is $268,568.50, plus the cost of site. grading as described below. The assessments shall be levied against Outlot "A". The Developer waives any and all procedural and substantive objections to the public improvement and special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any. appeal rights otherwise available pursuant of M.S.A. § 429.081. The City agrees to construct Upper 164th Street West and Griesen Avenue at grades proposed by the Developer or his engineer and perform site grading on future lots to be platted south of Upper r04/19/89 e ~ 164th Street West. The Developer shalt furnish the City a final grading and development plan far areas to be graded. The Developer shall also furnish a registered engineer to supervise, inspect, and approve housepad construction, including all soil testing and Veterans Administration certification requirements. The City shall have. no liability for site grading outside of roadway areas. The Developer agrees to be assessed for the cost of the site grading as part of public improvement project 89-4. Site grading includes tap soil stripping and fill areas, subgrade correction work, and common excavation in cut areas. 3. SPECIAL ASSESSMENTS. The special assessments for project 89-4 shall be spread over a ten (10) year period together with eight and one-half percent (8.50) interest on the unpaid • balance. The assessments shall be deemed levied on the date this agreement has been signed by both parties. The assessment shall be deferred without interest until May 1, 2993. Commencing May 1, 1993, interest shall accrue. Payment of the assessment shall be further deferred until January 1, 1995, (the first installment shall be collected with taxes due and payable in 1995). Notwithstanding the above, the deferral shall end and interest shall accrue at the time the Developer sells that part of Outlot "A" or plats or subdivides the property adjacent to Upper 164th Street West, whichever first occurs. 4. EASEMENT. The Developer hereby grants to the City, without any cost to the City, a blanket easement across Outlot "A" of the plat for the construction and maintenance of Upper 164th Street West. This easement will expire when Outlot "A" is platted -2- t ~ , • into lots and blocks and an 80 foot wide right-of-way for Upper 264th Street West is dedicated to the City, without any cost to the City, on the plat at the locations at which they are constructed.. 5. RECORDING. This Addendum may be recorded against the title to Outlot "A", Cedar Glen. CITY O KEVILLE BY D ane R. Zaun ayor AND City A -~/Clerk GROUND DEVELOPMENT CORPORATION BY : ~ • Its~~i•prlVT STATE OF MINNESOTA ) • ( ss. COUNTY OF DAKOTA ) c~ The ~,Q~re~going instrument was acknowledged before me this day of 1989, by Duane R. Zaur., Mayor, and by ~~,~,Q,« ~G~~ , City r/Clerk of the City of Lakeville, a Min~sota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. MIRA L HOLLIDAY ~ NOTARY RUBUC -MINNESOTA NOTA Y PUBLI DAKOTA COUNTY My Canmlasion E~ires &21-92 -3- , STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was a knowled ed before me this day of ~j~ 1989, by \~~~nc~'~Z, z~,-,~.a~xJ the of Ground Development Corporation, a Minnesota .corporation, on its behalf. MlRA L HOtI{DAY - zcc NQTARY PUBLIC • fctINNESOTA oAxaTA couNTY NOT Y P C L1Ay Commission Expires 8-21-52 DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 RNK -4-