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Home My WebLink About4.l. Carroll Assessment Appeal , . CITY OF ROSEMOUNT EXECIITIVE SUNIl�SARY FOR ACTION CITY COUNCIL MEETING DATE: August 3 , 1993 AGENDA ITEM: Donal & Mary Carroll - AGENDA SECTIONe Assessment Appeal Consent PREPARED BY: Bud Osmundson AGENDP��T�� City Engineer/Assistant Public Works Director '�'� ATTACHI�SENTS: Agreement regarding Assessments APP VED . Attached is the Agreement requested by Council which has been approved by the City Attorney and signed by the Carrolls. The Agreement covers ', the items requested by the Council and is simiTar to the previous Assessment Agreement sent to us by the Carroll' s attorney, Mr. Brad Smith. Staff recommends approval of this Agreement and a motion to direct Staff to change the assessment calculations per the Agreement. RECOblI2ENDED ACTION: MOTION TO DIRECT BTAFF TO CHANGE THE ASSESSMENT CALCULATIONS PER THE SIGNED AGREEMENT REGARDING ASSESSMEN`TS. COiJNCIL ACTION: 6 , SF�\T BY� 7-27-93 ; 17�44 �SEVERSON FtiILCOX SHEL� 1 612 �23 5203�fi 2t11 AGREEMENT REGARDING ASSESSMENTS THIS bGREEMENT is by and between the CITY OF ROSEMOUNT, MINNESOTR ( "CITY" ) and DONAL J. and MARY MARGARET CARROLL, 2�490 i Southview Court, Hastings, Minnesota 55033 i"CARROLLS" ) . ', R E C I T A L S : A_ The CARROLLS are the owners ot Outl.ot A, Garrallton Addition, Rosemaunt, Dakota County, Minnesota.. H. For many yeaxs priar tt� 1979, the CARR4LLS were the owners of thE property now platted as Carrollton Additionr and they used tbat prQpezty for agricultural purposes . Starting ir� 1967, special assessrnents r_elating to said praperty were deferred under Minnesota' s Green Acres Law, Minnesota Statutes Section 273.X11. In approximatcly 1979, at thc time of platting of Carz411ton Additian, the Green Acres classification for Carrall.ton Addition ceased, e�cegt tor Out3ot A, -which c�nti•�u�c�-=ti-er be �sed b� the C1�RROLLS�- �z�� --- agricultural purposes. C. In approximately 1991, the Green Acr�s classification of Outlot A, Carrollton Addition, terminated when the CARROLLS mavEd to Hastings and lost their ability to homes�ead OuClat A. Outlot A cantinued ta be used for agricultural purposes by a son of thE CARROLLS, and anather son of the CAR.ROLL5 continued to reside an OU.tlot A. D, At the time of platting of Carrolltan Addition in approximately 1979, �he outstandi.ng special assessments relating to Out].ot A whioh were subject to Green Acr�s deferment totalled $26,343 .77 . Sueh assessments accrued interest at the rate o� 8$. As . SE\T BY� 7-27-93 ; 17�4� ;SEVERSUy F��ILCOX SHELy 1 612 423 �203.� 3/11 of March 3i, 1993 , including pcnalty, interest and costs,` such assessments had increased to $83,573.66. E. The CITY agrees with the CARR�LLS that zt is appropriate to rEca7:cul�te such assessments to provide fnr payment of the principal �nd simple interest at 8� through the time ot platting of outlot A, with such assessment� to be payable with the taxes for replatted 0utlot A payablE upon platting, but only far the following reasons: 1} the assessments were previousi� subject to Green Acres deferment, 2� such deferm�nt was Zost through a technicality in the Green Acres law, 3 ) such recalculatzon would be in k�eping with the purposes of the Green Acres 1aw, 4) the property has continued in agricultural use within the immediate famil.y a� the awners, 5) the property has continued to be oecupied by members of the immediate family of the owners, and 6) the , -�AR.ROLL5 k�av-e agreed to immediately pzoceed with the pl�tti.ng of ----- the progerty. NOW, THEREFORE, th� CITY and t'he CARROLi�S agzee as follows: l. Upon raplatting of Outlot A, Carrollton Additian, as dEscrzbed belaw, zhe special assessments now Ievied against Outlot A, Carrollton Addition, Dakota County, Minnesota, in the original principal amount of �2b,343.77 shall b� reealculated and the assessmenfi.s changed ta include su�h principal amaunt, pJ.us 8$ simple interest fzam the date of original levy through the time of platting o£ outlot A. This recalcuZation tatals �56,'7Q5 .71 through the end af 1993 , including the o�iginal �26,393 .70 in principai, -2- � SEtiT BY� 7-27-93 � 17�4� ;SEYERSO� HILCOX SHELy 1 612 423 5243�� 4/11 and $30,362.01 in intcrest. If platting is nat complet�d in 1993 , interest shall continue to accrue untiZ platting is compl�ted. 2. The CARROLLS hereby waive natice af hearing and any object�on to or appeal of the recalculation and imposition af the assessments described in this Agreement. 3_ The CARRoLLS shall a.m�►ediate�y proceed to plat Outlat A as single family property through the normal CZTY planning pracess� with final plat a�proval and recording of said plat to be completed no later �han July 24, 1594. The buildings currently on the praperty shall be removed no later than July 20, 1994, barring an act of God_ 4. Upon recarding of the final plat of replatted 0utlot A, such spceial asscssments shall bc dividcd cqual�y amang the lots so pl.atted. 5. The CARRaLLS agree to accept and waive their righ�. to object to or appeal from ass�ssments for the 145th Street/Chili Avcnue Prajcct, CI�.'Y Na. 235 . Such assessments shall be determined ac�azd�.ng to the CITY' s asses�ment policy and shall be in the amount of $719.00 for each additional sanitary sew�r serv�.ce , provided to Outlot A, $1,1$2. 00 for each additional water service � provided to Outlot A, and $3 ,228.00 for cach lat fronting �n Chi1i Avenue within what is naw Outlot A, Carrollton Addition. It is understood and agreed that any lot platted at the sauthwest corner of 14�th Stareet and Chili Avenue sha11 be deemed to fr4nt an 144th Street and shall not be subject ta assessm�nt for Chili Avenue. Any Zot platted at the northwest corner of 145th Str�et and Chili _3� . ,5�\T 6Y: 7-27-93 : 17:�� :SEUERSON �t'[LCOX SHELi 1 612 �23 �203:� �/11 Avenu� shall be deemed to fronC on Chili Avenue. Such assessrnents shall b� combined with the reca�culated assessments described abave and divided equally amang the lots �n replatted Outlot A, Carrollton Addition_ b. Administrative Pravisions. A. Entire Agrccmen�t/Amendments. This Agresment consti�utes the full and complete understanding of the CITY and t�ie CARROLLS regard�.ng the subj�Ct matter herein. Any arr►endmerits to this Agreement must be in writing ar�d must be executed by the parties to this Agreement or their suecessors in interest. 33. Survival of Covenants. The promises made in this Agreement shall remain in effect until all such promi.ses have been fulf�.].led. This Agreement shall run with the 1and. C-. Defau�tlRemedies. T'he- failure of a party ta fulfill - all of the t�rms and conditians of this AgrEement sha1Z constitute an event af default by that party and, upon such occurrence, shall entitle the o�h�r party to seek speci.fic performancc of the provisions of this Agreement and recover any costs incurred in abtaining that remedy, i.neluding reasonable attorneys' fees. v. Governincl L�w. This Agreement shall be governed by the laws of the State of Minnesota. -4- . ��T BY� 7-27-93 ; 17�46 �SE��ERSON f41LCOX SHEL� 1 612 �23 5203�� 6/11 IN WI�NESS WHEREOF, the CITY and the CARROLLS have executed this Agreement in�ending to be baund thereby. L.._. /' Dated• . �-� , 1»3 D A J. c o L Dated: ��...� �-�, 1993 � M ARE C aLL STATE OF MINNE50T�) ) SS. COUNTY OF DAK�A ) The faregoing instrument was acknowledged before me, a Notary Public, by DONAL J. CARROLb and MARY MARGAR.ET CARROLL, husband and wifn, this � day of — �c.�,.��c..l , 1993 - PH1'11.l8 J.KtF1NQL • � • NOTAAY MLI�1C-.�V1i�Q�j( a�uccrrwcouMY otary P lic Mr co.�.nssa►�ocru�ea�o�ra� . ; �d-�L��J cz� oF xos�otjx�r Dated: , 1993 By: Its: By: Its: STATE -:OF MINNESOTA) ) SS COUNTY OF DAKOTA ) '�he �axegoing instrument was �cknowl.edged before me this daY Qf , 1993 by t and , r o� the City af Rosemaunt an beh�lf of the City. i�atary Public -5--