HomeMy WebLinkAbout89-052 CITY OF LAKEVILLE
RESOLUTION
DATE April 17, 1989 RESOLUTION N0. 89-52
MOTION BY Sindt SECONDED BY Harvey
RESOLUTION ORDERING IMPROVEMENT PROJECT 89-4
UPPER 164TH STREET IN CEDAR GLEN ADDITION
BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota, that 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, is hereby
ordered under the terms of the attached Development Contract Addendum
dated April 17 1989.
APPROVED AND ADOPTED this 17th day of April, 1989.
CITY OF LAKEVILLE
BY:
Du ne Zaun, M r
ATTEST:
Charlene Friedges, Acting C' Clerk
ATTACHMENT: DEVELOPMENT CONTRACT ADDENDUM
DEVELOPMENT CONTRACT
ADDENDUM
AGREEMENT dated ~ ~ ~ L 1989 , by and between.
the CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City"),
and GROUND DEVELOPMENT CORPORATION, a Minnesota corporation ( he
"Developer").
1. BACKGROUND. The parties have previously entered .into a
.Development Contract for the Cedar Dien piai. -Tire contract was
recorded as Document No. 522292 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 $268,568.5.0, 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
164th Street West. The Developer shall furnish the City a final
grading and development plan for 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 top
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 {8.5%) 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, 1993. 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 ana 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
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into lots and blocks and an 80 foot wide right-of-way for Upper
164th 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 ~,AKEVILLE
D ane R. Zaun ayor
ANA
City Ad~r~~
~~---/Clerk
P
GROUND DEVELOPMENT CORPORATION
• ~ _
BY:
-Its
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The ~regoing instrument was acknowledged before me this
day of 19£39, by Duane R. Zaur:, Mayor, and by
~ _~y 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.
2,~
MlRA L. NOLLIDAY NOTA Y PUBLI
NOTARY FUBLlC -MINNESOTA
aAKOTA COUNTY
My Canmission Ex~tires 5-21-92
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MINNESOTA
STATE OF )
( ss.
COUNTY OF DAKOTA )
~ The foregoing instrument was acknowledged before me this
day of ~ -)Ct~c.., 1989, by ~~~u-C~i- ~--~~r ~~m_a~~ the
of Ground Development Corporation, a Minnesota
corporation, on its behalf.
Np7ARY P!!Bi.tC - A4iCfJESOTA '
~DAKCITA CvUP3T'( NOTARY P L C
~ My Cort~mission ExRiees 8-2i-92 `
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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