HomeMy WebLinkAbout6.f. Petition and Waiver Agreement - Connemara Trail Improvements, City Project 4314-wROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: September 6, 2011
AGENDA ITEM: Petition and Waiver Agreement —
AGENDA SECTION:
Connemara Trail Improvements, City
Consent
Project 431
PREPARED BY: Andrew J. Brotzler, PE
o
1
AGENDA NO.
Director of Public Works / City En eer
ATTACHMENTS: Petition and Waiver Agreements
APPROVED BY:
Doi-
RECOMMENDED ACTION: Motion to authorize the execution of the Petition and Waiver
Agreements for Connemara Trail Improvements, City Project 431.
BACKGROUND
On August 1, 2011 City Council authorized the execution of four petition and waiver agreements that will
defer the assessments for the Connemara Trail project for a period of ten years, or whenever the
properties subdivide, whichever occurs sooner. At that time, the Dakota County CDA had not signed
their petition and waiver agreement for Tract 4A. In order to avoid delays in awarding the contract for
this project, two of the other land owners — Arcon Development and U.S. Home Corporation — agreed to
split the CDA's cost share in half and include that amount ($22,403) in each of their agreements.
The CDA has since submitted their signed agreement to be executed by the City. The two agreements
previously signed by Arcon Development and U.S. Home Corporation will be amended to remove the
$22,403 liability from the original agreements.
The petition and waiver agreement for the Dakota County CDA is attached for your consideration.
SUMMARY
Staff is recommending the City Council authorize the execution of the Petition and Waiver Agreement for
the Connemara Trail Improvements, City Project 431.
G: \ENGPROJ \431 \20110906 CC Petition - Waiver Agreement CDA.d0CX
PETITION AND WAIVER AGREEMENT
This Agreement made this day of , 2011, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation ( "City "), and DAKOTA COUNTY CDA, a
( "Owner ").
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property ")
located in the City, the legal description of which is Outlot M of Prestwick Place as shown on
EXHIBIT A, attached hereto and hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as the improvement of Connemara Trail, and as more
specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter
referred to as the "Improvement Project'); and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $181,546 of the
cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached
hereto and hereby made a part hereof, and
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WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached EXHIBIT C.
3. The Owner requests that $181,546 of the cost of the Improvement Project be assessed
against the Subject Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments
levied against the Subject Property therefor without hearings.
The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
Page 2 GAENGPROA431 \petition and waiver - CDA - Tract 4A.docx
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
C. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. The City will defer the payment of the special assessment for the Improvement Project,
without interest, until the earliest to occur of the following: i) ten years from the date of
the award of a contract for the Improvement Project (if the Improvement Project is
constructed in phases, the deferment of assessments attributable to each phase will be
terminated ten years after the award of a contract for that phase), or ii) the Subject
Property is subdivided as defined below, or iii) the Subject Property is improved as
defined below:
a. The Subject Property will be deemed to be subdivided upon final approval by the
City Council of a subdivision or division of land that creates buildable lots or parcels
of land. Subdivision into outlots that are not buildable will not be deemed to be a
subdivision.
b. The Subject Property will be deemed to be improved if the owner of the Subject
Property or the owner's authorized representative applies for and is granted a permit
for the construction of any residential, commercial, agricultural, industrial or other
building or structure that requires a building permit.
C. Following the termination of the deferment of the special assessment, the special
assessments may be paid without interest until the earlier of. 1) 90 days after
termination of the deferment; or 2) the issuance of a certificate of occupancy for an
improvement or release of a final plat for a subdivision. If the special assessment is
not paid by such date, interest on the assessment will accrue at the rate of five
percent per year from the termination of the deferral until December 31St of the year
in which the assessment is paid. The assessment will be due and payable with ad
valorem real estate taxes in the year following the first November 30th occurring
after the termination of the deferral of the assessment.
d. If the Subject Property is subdivided, the Owner and the City may agree to the levy
of special assessments for the Improvement Project in lieu of payment in accordance
with paragraph c. above, in a subdivision agreement for such subdivision, payable
on terms that are mutually agreed upon.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
Page 3 G:\ENGPROJ\431 \petition and waiver - CDA - Tract 4A.docx
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project, and the City shall
thereupon execute and deliver such documents, in recordable form, as are necessary to
extinguish its rights hereunder.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
CITY OF ROSEMOUNT
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Notary Public
Page 4 G:\ENGPROJ\43 Rpetition and waiver - CDA - Tract 4A.docx
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By:
Its:
And by: _
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2011, by
and
of
behalf of the
and the
respectively,
,a ,on
Notary Public
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EXHIBIT B
Description of the Improvements
The following improvements, known as Connemara Trail Improvements (City Project 431, and
the future construction of Connemara Trail east of Akron Avenue), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property by a
Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\431 \petition and waiver - CDA - Tract 4A.docx
EXHIBIT C
Liens, Interests and Encumbrances
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