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HomeMy WebLinkAbout6.f. Special Assessment Agreement - 2009 Street Improvements Project, City Project #426AGENDA ITEM: Special Assessment Agreement -2009 Street Improvements Project, City Project #426 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO. 19 f. ATTACHMENTS: Assessment Agreement; Map APPROVED BY: 0b) RECOMMENDED ACTION: Motion to Authorize Special Assessment Agreement for Trees to Bryan B. Aisenbrey as Recommended within the Executive Summary. Parcel /PID Name Address Amount 34- 15207 030 -01 Bryan B Aisenbrey 4195 150t ST W $600.00 4 ROSEMOUNT CITY COUNCIL City Council Meeting: June 16, 2009 EXECUTIVE SUMMARY BACKGROUND: Through Council direction, staff met with residents on the 2009 Street Improvement Project, City Project #426, in order to help preserve their mature trees by moving the utility services and charging each individual owner what the cost would be to save their tree. This cost would be incurred within a special assessment agreement above and beyond the project assessment. Attached for Council consideration is the signed Special Assessment Agreement. Staff is asking that Council authorize a special assessment agreement to the following property owners with their respective amounts: SUMMARY: Staff is recommending that Council authorize the special assessment agreement as proposed in the above motion. G: \ENGPROJ \426 \6 -16 -09 CC Special Assessment Agreement for Trees.doc PETITION AND WAIVER AGREEMENT This Agreement made this day of 2009, by and between the City of Rosemount, a Minnesota municipal corporation "City and Bryan B. Aisenbrey "Owner WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property located at 4195 150 Street West; and WHEREAS, the City proposes to install certain public improvements in the right -of -way adjacent to the Subject Property designated as City Project No. 426 (the "Public Improvements and WHEREAS, in conjunction with the installation, repair or replacement of the Public Improvements, water and sewer connections to the residence on the Subject Property will have to be reinstalled and reconnected from the main lines in the public right -of -way; and WHEREAS, the proposed reconnection of water and sewer service connection will cause damage or destruction and removal of certain trees in the public right -of -way or on the Subject Property; and WHEREAS, Owner desires to have the water and sewer connections constructed in locations that will reduce the likelihood that right -of -way trees will be destroyed, which construction will include construction activity outside of the public right -of -way and on the Subject Property, as described and depicted in Exhibit A, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Project and WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing 351509v1 CLL RS220 -291 1 on the special assessments levied to finance the Improvement Project, and to levy 100 percent of the cost of the Improvement Project against the Subject Property; and 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 all of 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 of, and for the benefit of, the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. 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. 3. City will construct and install the Improvement Project as described and depicted on Exhibit A. The vegetation, grade, landscaping and improvements on the Subject Property will be restored and repaired in accordance with and subject to limitations set forth in the attached Exhibit B. 4. Although the Improvement Project is being constructed for the purpose of reducing the likelihood of damage or destruction of certain trees in the public right -of -way or on the Subject Property, the City does not warrant or guarantee that such trees will not be damaged or destroyed as a result of construction of City Project No. 426 or the Improvement Project. 5. The City will complete the Improvement Project and connect the public sewer and water mains in the public right -of -way with the private service on the Subject Property as shown on Exhibit A. Upon completion of the Improvement Project, the Owner will assume ownership of and responsibility for the private connection in accordance with Rosemount City Code and rules, policies, procedures and practices of the City for operation of its public 351509v1 CLL RS220 -291 2 sewer and water utilities. 6. The Owner requests that 100 percent of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and agrees that the current estimated cost of the Improvement Project is $600.00, but that the cost of the improvement Project will be determined in accordance with Minn. Stat., Chapter 429 and standard city practices and that such cost may be as much as $660.00. The Owner further understands and agrees that the City does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $660.00 in the event actual project costs which may lawfully be assessed pursuant to Minn. Stat., Chapter 429, exceed said amount. 7. 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. 8. 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: 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 $660.00, and that such increase in fair market value is a special benefit to the Subject Property; c. Assessment of 100 percent of the cost of the improvement Project against the Subject Property is reasonable, fair and equitable and there are no other properties against which such cost should be assessed; 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. 9. The City will provide for the payment of such special assessments in equal installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2009, collectable with such taxes during the year 2010, bearing interest in accordance with state law and city policies at the rate of 6.5% per annum or two points above the City's bond rate at the time the assessments are certified to the County, whichever is less. 10. Owner represents and warrants that the Subject Property is not so classified for tax purposes 351509v1 CLLRS220 -291 3 as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 11. 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 which is recordable among the land records of Dakota County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 12. 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. CITY OF ROSEMOUNT 351509v1 CLLRS220 -291 4 BRYAN B. AISENBREY By: By: William Droste, Mayor Its: PropertjOwner By: By: Amy Domeier, Clerk Its: GARAGE ABANDO \I EXISTING WATER SERVICE o AND CURB STOP HOUSE �95 UPPER 150TH S BRIAN B. AISENBREY UPPER 150TH STREET REMOVE TREE 9 +00 10 EXISTING RIGHT OF WAY 1 20 LEGEND: EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING WATER MAIN -tom- PROPOSED WATER MAIN REMOVE EXISTING WATER SERVICE SOD RESTORATION (ALL DISTURBED AREAS) 701 Xenia Avenue South, Suite 300 WSB Minneapolis, MN 55416 www.wsbeng.com Associates, Inc. 763541 4800 Fax 763541.1700 \NFRASTRUCTURE ENGINEERING a PLANNNG s CONSTRUCTION 2009 STREET IMPROVEMENT PROJECT SERVICE RELOCATION RO SEMOUNT MINNESOTA WSB Project No.01668 -69 May 26, 2009 EXHIBIT A Exhibit B: 4195 Upper 150 Street The following list of items describes the work that the City's contractor will complete as part of the service relocation agreement between the City and the property owner. Tree Removal: The tree located in conflict with the sanitary sewer service will be removed. The City's contractor will remove the stump and roots as directed by the Engineer. The coniferous trees located in conflict with the existing water service will be protected during construction. Tree Replacement: The City's contractor will supply a material list containing a variety of coniferous and deciduous tree types for the property owner to select from. The list shall contain the following tree types: Linden Cedar Spruce Walnut Fir Oak Black Cherry Hickory Pine Maple (Except Silver Maple) The City will work with the property owner to determine a location in the front yard where the tree can be planted where impact will be limited during future projects. Water Service Relocation: The City, Engineer, and contractor will work with the property owner to relocate a new water service line to a location which will minimize disturbance to trees and existing landscaping. The City's contractor will remove as much of the existing water service as possible while trying to minimize disturbance to the tree. The existing water service will be abandoned in place and crimped at each end. The City's contractor will remove the existing curb stop top to a point approximately 1 foot below the finished grade. The curb stop will be filled with sand prior to being abandoned. The City's contractor will use smaller equipment for work within the property to minimize the amount of damage to the yard and trees. This City's contractor will work in a way which minimizes disturbance to the property. Restoration: The City's contractor will excavate material and import topsoil as necessary to maintain the existing grade and provide for a minimum topsoil depth of four inches prior to sodding. Prior to placement of topsoil, all stones, class V, debris, and excess concrete will be removed from the area behind the curb. Prior to the sodding operation, the topsoil shall have fertilizer applied at the specified rate. The City's contractor will cut a clean, square edge and place sod. After placement, sod will be kept continuously moist for thirty (30) growing days. A growing day will be defined as any calendar day between May 5 and November 1S In addition, sod will be maintained until fmal acceptance of the project, but in no case longer than ninety (90) growing days after placement. Sod may be maintained by watering, fertilizing, weeding, and other operations such as rolling, regrading and resodding areas as required to establish a smooth, acceptable lawn free of eroded or bare areas. Sanitary Sewer Service Installation: The City's contractor will remove and replace the existing sanitary sewer service to the right -of -way line. Driveway Impact: It is not anticipated that driveway removal and replacement will be necessary for service relocation. The City's contractor will protect the driveway during construction. Property Owner Responsibilities: Service relocation associated with the City improvements are adapted to each situation in an attempt to save a tree, however, construction may still cause damage to root systems, branches, and leaves. Following service relocation the property owner shall assume responsibility of the following: Long term tree maintenance including, but not limited to items associated with trimming and tree removal in the event the tree does not survive the construction. Modifications that allow the existing sanitary sewer and water main to remain in place. Impacted trees or shrubs on City property or property owner property The water service beyond the right -of -way, including the connection between the new water service and the existing water service. The existing water service pipe and curb stop within the right -of -way left in an attempt to protect the existing tree. The sanitary sewer service beyond the point of improvement.