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Home My WebLink About2.b. Deferred Assessment CITY OF ROSEMOUNT EXECUTIVE Si;i�vIMARY FOR DISCUSSION COMMITTEE OF THE WHOLE: October 13, 1999 Agenda Item: Deferred Assessment Agenda No.: B Prepared By: Bud Osmundson �� City Engineer/Public Works Directar Attachments: Letter and Agreement Approved By: Attached are letters sent to Beriy Zanmiller and Hazold Wachter in regards to the assessments for the two projects that were done adjacent to their properties; 145`�St., City Project No. 291, and Chippendale Avenue Improvements, City Project No. 290,were completed in 1998-99 and are scheduled for assessment hearings on the 19�'. As you may remember,the assessments against each property are larger than a single family home due to being calculated for the highest and best use of the property. Both are farm sites,which have had the city grow up around them and are guided for Business Park use. In each case,we have offered to these two landowners the possibility of deferring the assessments as described in the Agreement. They would both pay the $2,306 single family rate immediately,with the remaining amount deferred. In the Zanmiller case, the property is triangular shaped and the assessment policy was modified so that she would not be penalized for having the long side of the triangle being assessed. I met with Betty Zanmiller last week and she is agreeable to the deferment if the interest can be stricken from the Agreement. In the Wachter case, assessments of$6,900 were paid in the early 80s,which will be taken off the total amount assessed to his properly per the policy. Mr. Wachter would like to pay off his assessments totally and not have a deferment; however,he is meeting with an attorney to discuss the issue. Staf�s recommendation is to work with the property owners to either collect the assessments or at least have the principal paid in ten years. In ten yeazs the interest would almost double the amount owed. If the interest were deleted, the Zanmiller Agreement would be on the 19�' agenda for your approval. The Wachter case may or may not be on the agenda. RECOMMENDED ACTION: DISCUSSION ONLY - ��- �� '�: ?�_�� CITY HALL - C I TY O F RO S E M O U N T 2875—145th Street West �r. Rosemount,MN �� . � '� Everything's Coming Up Rosemountl! 55068-4997 '��,R 5� Phone:651-423•4411 �. - Hearing Impaired 651•423-6219 Fax:651-423-5203 October 5, 1999 ' Harold & Anna L. Wachter 15400 Chippendale Avenue Rosemount, MN 55068 Re: Assessments for Chippendale Avenue Improvements City Project #290 Dear Harold and Anna: Attached you will .find the legai notica of he�ring on assessments for th� Chippendale Avenue projeci�adjacerei t� your l�ouse. You,w:ll note.that tr.s..�ntaf amount�proposed�to be assessed in 1999 fo; your �roperty_�.s 534;7�2. � However, as we have discussed in :the pa�t, the City is-propc�sing to ��fer $32,406 for a period of ten years or �fi the ownership� of the property�wouid � change, or is improved. You will be required to pay 52,306 over a ten year period . . beginning with the Year 2000 taxes which is the same amount every oth�r singiz family property owner is being assessed. The City deferment will require the signing of an agreement between yourself and the City. Hopefully we will have talked on the phone prior to receiving this letter. Please call me at your earliest convenience at 651-322-2025 so that we can arrange an acceptable meeting time. Thank you for your cooperation on this matter. Sincerely, � L-----� r�� Bud Osmundson, P.E. City Engineer/Public Works Director % ��'_'' CITY HAtI ��. - - C 1 TY O F RO S E M O L�N T 2875—145th Street West - Rosemount,MN � 55068-4997 �� Everything's Coming Up Rosemount!! Phone:651-423-4411 `'�� Hearin9 Impaired 651-423-5219 Fax:651-423-5203 October 5, 1999 . . . Elizabeth Zanmiiler 2745 145th Street West Rosemount, MN 55068-4911 -. Re: Assessments for �145th Street Improvements : City Project #291 � Dear Betty: � - .Attached you�:wiil find the legai notice of-h.earing on�as��essments�for the 1�45�h � � . Street�project adjacent to..your house.:-�'ou�wil!-note thai t�ie.to#al amount �. . � proposed;to be.assessed:in�1999 for your property is:Y�6,3�J? . � . � � - - � � However,�as we have discusssr� in the past, the �i-iy �is..�roposir.e�'to.defer - �� $23,995 for a��-period of ten years o�� if t�e ownership'of�thc pruperty would .� .� • - change,.or is improved. You wii( be required to pay 52,30n over a ten year periad ' beginning with the Year 2000�taxes which is th� same amount as other single family property owners are being assessed on 145th Street.� The City defermEnt will require the signing of an agreement between yourself and the City. Hopefully we will have talked on the phone prior to receiving this letter. Please � . call-me at your earliest convenience at 651-322-2025 so that we can arrange an acceptable meeting time. � Thank you for your cooperation on this matter. � . � � . Sincerely, � Bud Osmundson, P.E. City Engineer/Public Works Director �� AGREEMENT THIS AGREEMENT is made this 19�'day of October, 1999,by and between the CITY OF ROSEMOLJNT, a municipal corporation under the laws of Minnesota(the"City") and ELIZABETH ZANMILLER(the"Owner"). � WITNESSETH: WHEREAS,the Owner is the fee owner of that certai.n real property located in the City, which property is legally described on Exhibit A attached hereto (the"Subject Property"); and WHEREAS,the Owner has incurred certain fees and charges�due the City in connection with work being performed by the Owner on the Subject Property; and WHEREAS,the Owner has paid the City$2,306.00 towards said fees and charges and has requested that the City defer$23,995.00 of the fees and charges for a period as below; and WHEREAS,the City is willi.ng to defer a portion of the fees and charges in consideration of the Owner's execution of this Agreement. NOW,THEREFORE,on the basis of the mutual covenants and agreements provided herein,the parties agree as follows: 1. The Owner represents and warrants that she is the fee owner of Subject Property,that she has full legal power and authority to encumber the Subject Property as provided herein, � and that the Subject Property, as of the date of this Agreement,is not subject to any liens � or encumbrances, except those listed on Exhibit B attached hereto. 2. The Owner will pay the City the sum of$23,995.00 plus simple interest at the rate of 6.5386%per annum from the date of this agreement to the date of payment. Payment will be made upon the earliest to occur of any of the following: a)transfer of ownership of all or any part of the Subject Property,b)ten years from the date of this agreement, c) issuance of a building permit for any new building on the Subject Property for a commercial use, or d) approval by the City council of a subdivision or plat of all or any part of the Subject Property. 3. The Owner acknowledges that it is the City's intent,upon the Owner's failure to repay such sum in full when due,to specially assess the amount owned against the Subject Property. Such assessment shall be made pursuant to Minnesota Statutes, Section 429.101 and shall bear interest from the date of this Agreement at a rate of 6.5386%per annum. The Owner hereby specifically waives notice of hearing and hearing on the levy of special assessments pursuant to Minnesota Statutes, Chapter 429. The Owner further waives their right to appeal said assessments pursuant to Minnesota Statutes, Chapter 429. 4. The Owner, for herself,her successors and assigns, acknowledges that she has requested the City to defer collection of the stated portions of the fees and chazges,that such fees and chazges are due and payable by the Owner,that the City would be unwilling to defer said ��- amounts except for the Owner's promise to repay and execution of this Agreement, and that the Subject Property was benefited by at least the amount of$26,301.00. 5. 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 shall bind all successors in interest thereof. It is fhe intent of the parties hereto that this Agreement � shall be 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 fili.ng of this Agreement against the Subject Property. IN WITNESS WHERE4F,the parties have set their hands this day and year first written above. CITY OF ROSEMOUNT By� Elizabeth Zanmiller Cathy Busho,Mayor By: Susan M.Walsh, City Clerk STATE OF MINNESOTA) � )ss. COUNTY OF DAKOTA ) � The foregoing instrument was acknowledged before me this day of , 1999,by Cathy Busho and Susan M.Walsh,respectively the Mayor and City Clerk of the City of Rosemount,Minnesota, a Minnesota municipal corporation under the laws of the State of Minnesota,on behalf of the City. Notary Public STATE OF MINNESOTA) . ) ss. . COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1999,by Elizabeth Zanmiller. Notary Public -2-