HomeMy WebLinkAbout9.c. Wachter - Baptist Church Assessment Deferment City Project #206 " CITY OF ROSEMOUNT
' EXECUTIVE SUl�lARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 5, 1994
AGENDA ITEbI: Wachter - Baptist Church AGENDA SECTION:
Assessment Deferment Project # 206 Old Business
PREPARED BY: Bud Osmundson, P.E. AGENDA N��CI►/� � �
City Engineer, Assistant Public Works Director C��� �
ATTACI�lENTS: Deferment Agreement, APPROVED BY:
Concept Plan
At the February 15, 1994 regular meeting the City Council authorized
staff to negotiate a deferment of assessments for property located at
the northeast quadrant of Diamond Path and 145th Street . This is the
property which was owned by the Anna Wachter estate and which would be
donated to the First Baptist Church.
The City Attorney has drafted a deferment agreement where by the
Church agrees to pay the full assessment amount under two different
scenarios. First, if the Church would subdivide or develop the
adjacent parcel to the north and east, they would agree to pay the
assessment in full upon the sale of the second lot in this propased
development . The second scenario of payment would occur if the parcel
which the Wachter Estate is donating, would be developed in some
manner, ie. parking lot, signage etc. If neither of these occur then
the Church has agreed to begin assessment payments with interest
beginning 5 years after the approval date of the deferment agreement.
The interest would not begin to accrue until after the 5 years has
past.
In lieu of the City alternatives for this parcel, ie. tax forfeiture,
and the possibility that City may not receive the assessments in the
near future, staff feels that this agreement is of benefit to the
City. Therefore Staff recommends adaption of resolution deferring the
assessments as attached.
RPCONIl�IENDED ACTION: Motion to adopt a resolution adopting the deferment '
of assessments for City Project #206 145th Street reconstruction for the
Parcel Identification Number 34-03010-020-44.
COUNCIL ACTION:
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CITY OF ROSEMOUNT
DAKOTA COIINTY, MINNESOTA
RESOLUTION 1994 -
A RESOLIITION ADOPTING DEFERMENT OF ASSESSMENTS
FOR CITY PROJECT #206, 145TH STREFsT RECONSTRUCTION
FROM SHANNON PARRWAY TO DIAMOND PATH,
P.I.D.# 34-D3010-020-44
WHEREAS, the City of Rosemount has met, heard and assed u on all
P P
objections to the proposed assessment for 145th Street Reconstruction,
City Project #206 and has amended such proposed assessments as it
deems just on October 21, 1993 : and
DaHEREAS, the City has received a request for deferments of special
assessments from the owner of a parcel; and
WHEREAS, the City Assessment Policy and Minnesota Stature Number
435 . 193 allow the deferment of special assessments by the City Council
in particular instances, and in this case to keep said property on the
tax roles; and
WHEREAS, the City Council has been advised that the City will not
receive the assessments in the near future or may never receive them.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Rosemount as follows:
1. The proposed assessment for P. I.D. #34-03010-020-44 in the amount I
of $21, 074 be deferred: !,
a. The Church shall accept title to the above-described property !'
and shall pay the outstanding assessment amount of $21, 079, as I
provided in paragraph b, below. !i
b. The Church shall pay, in full, the $21, 079 assessment on the I
property described above, upon the first occurring of the ',
following events. At such time as the Church sells two or I
more lots on the following described parcel: '
Property Identification Number 34-03010-010-30 ,
or upon development of the property to which the outstanding ,
assessment applies . If neither of the events described in this
paragraph occur within five years after the Church' s acquisition of ;
the property, the Church will commence payment of the assessment '
amount plus interest, over a ten-year period, starting five years
after the date of this agreement .
c. In consideration of the Church' s acquisition of the property
to which the outstanding assessment applies, the City agrees
that interest on said assessment will not accrue for a period
, of five years, commencing with the date of this agreement.
2 . The interest rate is the same as the special assessments which were
levied by Resolution 1993-107.
ADOPTED this 5th day of April, 1994.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
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DEFERMENT AGREEMENT
THIS AGREEMENT dated this day of April, 1994 , between
the City of Rosemount, Minnesota ( "City" ) and the First Baptist
Church of Rosemount, 14400 Diamond Path West, Rosemount, Minnesota
( "Church" ) .
WHEREAS, certain real property in the City of Rosemount,
Minnesota, currently owned by the Anna Wachter estate, and which is
described as follows :
That part of the Southwest Quarter of the Northwest
Quarter of Section 30 , Township 115 , Range 19 , Dakota
County, Minnesota, lying Southwesterly of the
Northeasterly right-of-way line of State Aid Road, No .
33 , subject to Dakota County Easement .
is to be donated to the Church,
WHEREAS, said property has outstanding assessments in the ;
amount of $21, 079 , '
WHEREAS, the Church is willing to accept title to said '
property provided that the City agrees to deferment of principal
and interest on the assessment for a specified period of time, and
WHEREAS, the City is desirous of entering into a deferment
agreement in order to maintain said property on the tax roles;
NOW, THEREFORE, it is agreed by the City and the Church, as
follows :
1 . The Church shall accept title to the above-described
property and shall pay the outstanding assessment amount of
$21 , 079 , as provided in paragraph 2, below. �
2 . The Church shall pay, in full, the $21, 079 assessment on
the property described above, upon the first occurring of the
.
following events . At such time as the Church sells two or more
lots on the following described parcel :
SEE E%HIBIT A ATTACHED HERETO
or upon development of the property to which the outstanding
assessment applies . If neither of the events described in this
paragraph occur within five years after the Church' s acquisition of
the property, the Church will commence payment of the assessment
amount plus interest, over a ten-year period, starting five years ',
after the date of this agreement . I
3 . In consideration of the Church' s acquisition of the
property to which the outstanding assessment applies, the City
agrees that interest on said assessment will not accrue for a
period of five years, commencing with the date of this agreement .
4 . This agreement shall be governed by the laws of :the State
of Minnesota and may only be amended by the mutual agreement of the
parties hereto .
CHURCH: CITY:
By: By:
Its : Mayor
By: By:
Its : City Administrator
THIS INSTRUMENT WAS DRAFTED BY:
FLUEGEL MOYNIHAN & MILES, P.A.
1303 South Frontage Road
Hastings, MN 55033 .
612-437-3148
tJMM)
2
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t:YHIBIT A.
Being the legal description to land sold hy M�a t..ichtrr, q widov
ai:d not remnrried. to First f:aptis[ Ch:itch of Rn4emount. a :linneso[a
corporation:
AI� that part of the 5outh H.�Lf of the .�orthwest Quarter
(S � uf d►� ii) of Se•ction Thirty (30), Township One Hundred
F t f�een (115!. ltsnhe ';lnetee:n (19) . ►�:ikot<� C��uuty� Minnesota
�yin;; tiorth and F.��r oi State Aid Rnad :�o. 33 as presently
ryt:ihlished excep[ those p�rts thereof Jescrihed as follous:
! . fi�e E:�St 1I55.95 feet ther�of.
2. He;;!nninK at :► pnint on Che S��►[h i tne af s:►id Snu!h
Half of the :;ort5west �2uarter (S '� of '�td �) distznt L215.9
feet E�st of the Southwest corner thereof; thenc� continuing
alonq said Souch liae a distance of 208.J feet; thence Yorth -
and deflcctinR to the left :it an an;�:e of 90° a di:.tance ��f . "
2U8.1 f��c.t thvr.ce �teflrctiny to t!« IQft at an 1n;;le of 90° a ; -. j
�li5t.lnce: ��f 2Q8.1 feet, thwnce def,ecting [o [he lzft at an ' =� �
anKl� uf 9U�� i dlstance c>f 208.7 feet to ttze :ictual p.�in[ ot` ' � �
he�inning. . . �
3. Cormnencing at che Southvest corner of said South H.alf : � '
of the Yorthvest Quarter (S � of ,�RJ !,;) and cunning thence east=; ,.,'
a1caR the South line thereof a distance of 944.A8 feat to �
thr P��int oF he�inniny;; rhence �eflPctirtg �0`� Left fzo� said
ti��uth tine a dist3nce of 208.7 feet; thence deflecting 90°
left 208.1 feet; thence deflecting 90° left 204.:6 feet to
the intersec[ion vitb a curve, radius 819.02 feet; vhose tacr-
�ent deflects 84°44'10" to the left; thence Scutheasterly
alon� the curve deflec[i�G from the tan�ent to the left (yorth)
zn arc len�[h of 84.7Q fcet, cencral angle 5`�55':iq" to pc�int
�f tangenr.y and the South line cf �outh Half of the Yarthveat
t�uarter (S � of :�'W 't), thence East along tsny,ent and said
Scuth Line a distance uf l'��.�8 feet to the point oE beginaing.
+. Com�encfng at a �oint on the South line of tha :lorth-
vesc �uarter (�]i,T �t) Section 30, Trnmship 115, Itange 19, distant
490 feet East oi [he Srnithwest corner of said Vorthvest (h:arter
(::,d `:.), thence :Zorth alonK a ltne drawn at rfght .��gles to said
South line of said Northvest Cluarter (I�ik k) a diatance of 69.8
feet to the center Iine of State Aid Road No. 33, and the actual
point of beginning of the tract herein deacribed; thence con-
tinuing North, aloag said line drasa� at. right angles to the South
line of the Northveat Quarter (NW �c) s distance of 680.2 feet;�
thence West at right anglee and pataueZ to the said 3vutl�� liae
of the Northwest Quarter (NN k) a distaace of 487.4t t�st� sore .
or lese. to the center lin�s of eaid State Aid B�oad rb:;33;,;.thinct�
3ontheaaterl�, along said centerl3ae�oi� ytZts� Atd Road.to�:�fi��:�
a distance of 873 feat, �vr� or. lass�;W .t�s a�tna3;.pd3d�r.�,;
� . b�giaaing. _. ,:. . . . . . .
5. Commencing at the southwest corner of said South half of
Northwest Quarter (S 1/2 of NW 1/4) and running thence East along
the South line thereof a distance of 944.88 feet to the point of
beginning; thence deflecting 90 degrees left from said south line a
distance of 208.7 feet; themc deflecting 90 degrees right 149 feet;
thence deflecting 90 degrees�'���.7 feet; thence deflecting 90 degrees right
149 feet to the point of beginning.
The land hereinbefore described, less the exceptions hereinbefore described,
containing 31.928 acres according to the Government Survey thereof.