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.