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Home My WebLink About6.l Adopting Assessments for Community of Hope Lutheran Churchh CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 5, 2004 BACKGROUND: At the September 15, 2004 Special Council meeting, the City Council authorized entering into a Special Assessment Agreement with the Community of Hope Lutheran Church, a copy of which is attached. SUMMARY: Staff if recommending City Council adopt the attached resolution adopting the assessments from the Agreement. AGENDA ITEM: Adopting Assessments for Community of Hope Lutheran Church AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer 0 11 A N t ff W 6 ATTACHMENTS: Resolution APPROVED BY: RECOMMENDED ACTION: MOTION TO ADOPT RESOLUTION ADOPTING THE ASSESSMENTS FOR THE COMMUNITY OF HOPE LUTHERAN CHURCH, ACTION: 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 — A RESOLUTION ADOPTING THE ASSESSMENTS FOR COMMUNITY OF HOPE LUTHERAN CHURCH WHEREAS, the Community of Hope Lutheran Church ( "Landowner ") is the owner of certain real property in the City described on the attached assessment roll (the "Subject Property "); and WHEREAS, by agreement between the City and the Landowner dated September 15, 2004, the Landowner requested and consented to the levy of special assessments as hereinafter set forth against the Subject Property for certain costs described in said agreement. NOW THERE_ FORE BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: (1) Special assessments as set forth in the attached assessment roll are hereby accepted and shall constitute the special assessment against the lands named therein. (2) The assessments shall be payable in equal annual installments extending over a period of five (5) years, the first of said installments to be payable with general taxes for the year 2004, collectible with such taxes during the year 2005. (3) An interest rate of 8% per annum from the date of this resolution. (4) The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED this 5` day of October, 2004. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk CLL- 253483v1 RS215 -3 CERTIFICATION Resolution 2004 - 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 5 t1i day of October, 2004, as disclosed by the records of said City in my possession. (SEAL) Linda Jentink, City Clerk Motion by: Voted in favor: Voted against: Second by: CLL- 253483v1 RS215 -3 SPECIAL ASSESSMENT AGREEMENT This Agreement is made this 1 day of 6A!°TE/nB,E2 2004, by and between the City of Rosemount, a Minnesota municipal corporation ( "City "), and Community of Hope Lutheran Church, a non -profit corporation, organized under Minnesota Statutes, Chapter 317A ("Landowner"). WITNESSETH WHEREAS, Landowner is the owner of property legally described on Attachment One, which is hereby made a part hereof ( "Subject Property"); and WHEREAS, Landowner wishes to develop the Subject Property; and WHEREAS, the ordinances, rules and policies of the City require, upon such development, the payment of certain charges and fees for assessable public improvements that have been constructed, or will be constructed in the future; and WHEREAS, such fees and charges include the following: Trunk Water Area Charges: $ 8,421.46 Trunk Water Area Charges: 33,270.97 Trunk Storm Area Charge: 37,958.78 Storm Water Connection Fees: 12,652.93 Storm Water Ponding Fee: 50,595.11 ( "Public Improvement Fees "), among others; and WHEREAS, the ordinances, rules and policies of the City require that such fees be paid at the time of issuance of a building permit; and WHEREAS, Landowner has requested that the Public Improvement Fees be deferred and paid as hereinafter provided by the levy of special assessments; and cLLr252982v1 RS21511 WHEREAS, City is willing to levy such special assessments in lieu of the current payment of Public Improvement Fees, at the behest of the church, and on the terms and conditions hereinafter set forth. NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Landowner agrees that the Public Improvement Fees are lawful and proper fees, payable by the Landowner to the City in connection with the development of the Subject Property, and that it will pay such fees when due in accordance with the terms of this Agreement. Landowner will pay all other City fees and charges, not specifically enumerated above as Public Improvement Fees, in accordance with the ordinances, rules and policies of the City. 2. Landowner requests, for its benefit, the levy of special assessments in accordance with the terms of this Agreement, in lieu of the collection of Public Improvement Fees at the time of issuance of a building permit for development of the Subject Property. Landowner waives notice of hearing and hearing on the levy of special assessments and requests that special assessments be levied by the City without a public hearing. Landowner waives the right to appeal special assessments levied in accordance with this Agreement, pursuant to Minnesota Statutes, Section 429.081, or otherwise. 3. City will levy special assessments in the total principal amount of One Hundred Forty -Two Thousand Eight Hundred Ninety -Nine and 25/100 Dollars ($142,899.25) against the Subject Property. Special assessments will be certified to Dakota County in 2004 for payment commencing in 2005, will be paid in equal annual principal installments over five (5) years, and will bear interest at the rate of 8% per annum from the date of the resolution adopted by the City levying the special assessments. 4. Landowner agrees to pay Public Improvement Fees, or any unpaid principal balance thereof, to the City within thirty (3 0) days of any determination by a court of competent jurisdiction that the special assessments provided for herein are, for any reason, unenforceable or uncollectible. 5. It is the intent of the parties that this Agreement be recorded with the Dakota County Recorder against title to the Subject Property. In the event that, for any reason, this Agreement is not accepted for recording, the parties agree that they will execute such other or additional documents as are needed to effect the recording hereof. 6. This Agreement shall run with the land of the Subject Property and bind the Landowner, its successors and assigns. 7. The parties hereto, by their authorized representatives, hereunto set their hands as of the day and date first above written. CLLr252982vl 2 RS2154 CITY OF SEMOUNT �' zj� By: z - " Its Mayor And by: Its Clerk STATE OF MINNESOTA ss.. COUNTY OF DAKOTA On this day of "C , 2004, before me, a Notary Public within and for said County, personally appeared William Droste and Linda Jentink to me personally known, who being by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Rosemount, a Miinnnees a municipal corporation, on behalf of the corporation. mammal / DMM NOTARY PUNIC - MINNESOTA My Commission Exp4es Jan. 31,2:'^ Notary Public COMMUNITY OF HOPE LUTHERAN CHURCH By: /Le�( Its Y >; And by: Its STATE OF MINNESOTA ss.. COUNTY OF DAKOTA On this day of , 2004, before me, a Notary Public within and for said County, personally appeare Sen and to me personally knq wn, who being me duly sworn, each did say that they are respectively the and 4ye s ;a, „-Ir the Community of Hope Lutheran Church, a Minnesota C TNI corporation,. on behalf of the corporation. Notary Public ■ ROXANNE F. MAXA CLL-252982v1 3 NOTARY PUBLIC MINNESOTA RS215 -4 Yy Co■miswon Flint in 31. 20 ■ EXHIBIT A Parcel A: The East 633 feet of Lot 2, Auditor's Subdivision No. 1 Rosemount, except that part lying north of the following described line; Commencing at the intersection of the southerly right -of -way line of a Railroad and the east line of said Lot 2, thence south along the east line of said Lot 2 a distance of 625.3 feet to the point of beginning of the line to be described; thence deflect 90 degrees right a distance of 633 feet and there terminating. Also except that part described as beginning at a point 2596.5 feet south and 33 feet west of the northeast corner of Section 29, Township 115, Range 19; thence North 125 feet; thence West 50 feet; thence South 125 feet; thence East 50 feet to the place of beginning. Parcel R That part of Lot 2, Auditor's Subdivision No. 1, Rosemount being described as follows: Commencing at the intersection of the southerly right -of -way of a Railroad and the easterly line of said Lot 2; thence southerly along said east line a distance of 275.30 feet to the point of beginning of the property to be described; thence deflecting 90 degrees right a distance of 633 feet more or less to its intersection with the southerly line of said Railroad; thence deflecting 90 degrees left a distance of 350.0 feet; thence deflecting 50 degrees left a distance of 633 feet more or less to its intersection with the east line of said Lot 2; thence deflecting 90 degrees left along said east line a distance of 350.0 feet to the point of beginning. Parcel C: All that part of Lot Two (2) of Auditor's Subdivision No. 1 Rosemount according to the plat thereof now on file and of record in the office of the Register of Deeds within and for Dakota County, State of Minnesota, described as follows: Commencing at a point of beginning which said point is 2471.5 feet south and 33 feet west of the Northeast corner of Section Twenty -nine (29), Township One hundred fifteen (115) North, Range Nineteen (19) West, thence South Seventy -five (75) feet, thence West Fifty (50) feet, thence North Seventy -five (75) feet, thence East Fifty (50) feet to the point of beginning, Dakota County, Minnesota. Lot #'s: 34- 03700 - 061 -00 34- 03700 - 026 -00 34- 03700 - 021 -00