HomeMy WebLinkAbout6.e. Special Assessment AgreementAGENDA ITEM: Special Assessment Agreement
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E.
Director of Public Works /City Engin
AGENDA NO. L•
ATTACHMENTS: Resolution, Petition and Waiver
Agreement, Sundae Request
APPROVED BY:
o aJ
RECOMMENDED ACTION:
1) Motion to authorize the execution of a Petition and Waiver Agreement; and
2) Motion to adopt a resolution adopting a special assessment for 2635 132 Court
West.
0
4 ROSEMOUNT
City Council Regular Meeting: March 15, 2011
ISSUE
Laxman Sundae has requested that for the property located at 2635 132n Court West that his
Supplemental Water and Sanitary Sewer Connection Charges association with the Old County Road 38
project, as set forth in the current Schedule of Rates and Fees, be placed on his property taxes.
BACKGROUND
CITY COUNCIL
EXECUTIVE SUMMARY
When the Old County Road 38 project including the extension of sewer and water to properties along
132' Court was completed, the City Council implemented special connection charges in -lieu of special
assessments to the properties associated with the sewer and water project cost. These special connection
charges are listed in the Schedule of Rates and Fees and are due at the time a property connects to the
sewer and water system. The City has previously considered when requested the assessment of these
special connection charges to facilitate the connection to city sewer and water. There is no new City
capital outlay associated with special assessment. Funds collected as either as special connection charges
or special assessments is revenue to the City sewer and water utility funds that originally funded the project
cost.
The supplemental connection charge amount to be levied as a special assessment will be set according to
the 2011 rates, in the amount of $11,164.25. At such time that the City sewer and water service is
connected, the typical water access charges (WAC) and sewer access charges (SAC) will apply at the rates
current at the time of connection and will be due prior to permit issuance by the Building Department.
SUMMARY
Staff is recommending the following:
1) The City Council authorize the execution of an agreement with Laxman and Judith Sundae to
specially assess the special connection charges in the amount of $11,164.25.
2) The City Council adopt a resolution adopting a special assessment for 2645 132" Court West.
(2) Such assessments shall be as follows:
(3)
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2011-
A RESOLUTION ADOPTING A SPECIAL ASSESSMENT
FOR 2635 132 COURT WEST
WHEREAS, the City Schedule of Rates and Fees includes a Special Connection Charge for the connection to
city sewer and water for the property at 2635 132 °d Court West that is due at the time of connection; and
WHEREAS, the property owner has submitted a written request for the special assessment of said connection
charges; and
WHEREAS, the City Council has authorized the execution of a Petition and Waiver agreement with the
property owner.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as
follows:
(1) Such proposed assessment, in the amount of $11,164.25 to 2635 132nd Court West (PID No.
344430007001) is hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein is hereby found to be benefited by the proposed improvement.
a. The assessments shall be payable in equal annual installments extending over a period of ten (10)
years, the first of said installments to be payable with general taxes for the year 2011, collectible with
such taxes during the year 2012.
b. To the first installment shall be added interest at the rate of 5.9659% per annum on the entire
principal amount of the assessment from the date of this resolution until December 31 of the year in
which such installment is payable. To each subsequent installment, when due there shall be added
interest for one year at said rate on the unpaid principal amount of the assessment.
c. The owner of any property so assessed may at any time prior to the certification of the assessment or
the first installment thereof to the County Auditor, pay the whole of the principal amount 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 date hereof;
and such property owner may at any time prior to November 15 of any year pay to the County Auditor
the entire principal amount of the assessment remaining due with interest accrued to December 31 of
the year in which said payment is made.
The City Clerk shall forthwith transmit a certified duplicate copy of this assessment roll to the County
Auditor to be extended on the tax list of the County.
ADOPTED this 15th day of March, 2011.
ATTEST:
Jeffrey A. May, Deputy City Clerk
William H. Droste, Mayor
Resolution 2011
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the
City Council of Rosemount at a duly authorized meeting thereof, held on the 15th day of March, 2011, as
disclosed by the records of said City in my possession.
(SEAL)
Jeffrey A. May, Deputy City Clerk
2
This Agreement made this day of 2011, by and between the City of
Rosemount, a Minnesota municipal corporation "City and Laxman Sundae and Judith A.
Sundae, husband and wife (collectively referred to as "Owner
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property
located at 2635 —132 Court West in the City of Rosemount; and
WHEREAS, special connection charges that were fixed by reference to the portion of the
cost of municipal sewer and water service that was paid by special assessment levied against the
Subject Property will be due at the time of connection of the Subject Property to the municipal
sewer and water systems; and
WHEREAS, such special connection charges are currently set at $11,164.25; and
WHEREAS, the Owner desires to have such connection charges levied against the Subject
Property as special assessments; and
WHEREAS, the Owner wishes the City to levy such special assessments without notice of
hearing or hearing on the special assessments, in the amount of $11,164.25, against the Subject
Property in lieu of collection of such charges as connection charges; and
WHEREAS, the City is willing to levy such special assessments in accordance with the
request of the Owner and without such notice or hearing, 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; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not levy such special assessments without such notice and hearing.
383332 CLL RS215 -3
PETITION AND WAIVER AGREEMENT
1
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:
1. The Owner represents and warrants that he is the owner of 100 percent of the
Subject Property, that he has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, he 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 A.
2. The Owner requests that $11,164.25 be assessed against the Subject Property in lieu
of special connection charges. Owner understands that he will be required to pay normal and
typical connection charges at the time of connection to the municipal sewer and water systems.
3. The Owner waives notice of hearing and hearing on the special assessments levied
pursuant to Minn. Stat. Section 429.061, and specifically requests that special assessments be levied
against the Subject Property without hearings.
4. 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:
5. 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
he will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
383332 CLL RS215 -3
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 for which the special connection charges were set will
be at least equal to $11,164.25, and that such increase in fair market value is a
special benefit to the Subject Property;
c. Assessment of $11,164.25 of the cost of the Improvement Project against the
Subject Property is reasonable, fair and equitable; and
d. The Owner further specifically waives notice and right to appeal reapportionment of
such special assessments upon land division pursuant to Minn. Stat., Section
429.071, Subd. 3.
6. 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 they agree to make any
changes in this Agreement that may be necessary to effect the recording and filing of this
Agreement against the title of the Subject Property.
7. This Agreement shall terminate upon the final payment of all special assessments
levied against the Subject Property under this Agreement, and the City shall thereupon execute and
deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder.
8. Assessments levied pursuant to this Agreement will be spread over a ten -year period
with interest at a rate determined by the City Council in accordance with its normal and customary
procedures.
above.
CITY OF ROSEMOUNT
By:
By:
William H. Droste, Mayor Laxman Sundae
Jeffrey A. May, Deputy City Clerk Judith A. Sundae
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of 2011,
by William H. Droste and Jeffrey A. May, the Mayor and Deputy City Clerk of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2011,
by Laxman Sundae, and Judith A. Sundae, husband and wife.
383332 CLL RS215 -3
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
3
OWNER
Notary Public
The Mayor And the Council Members
City ofRosemoumt
Rosemount, MN 55068
Laxman S. Sundae
2055 -128th St. W.
Rosemount, MN 55068
March 3, 2011
Aft: Cindy
Ref: 2645 -132nd St.,
Dear City Clerk:
I own the above mentioned property and 1 would like to utility connection charges assed
over a period of a few years. I need this favor to connect water and sewer to the street
connections as soon as possible. I assume the water and sewer utility charges are in excess of
$11,000.00.
Thank you very much for your cooperation in expediting this matter.
incerely yours,
[.k
Laxman S. Sundae