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Home My WebLink About9.e. Helwig Request for Abatement of Assessment • � • � j P O. BOX 510 � �'�,[� Q � 2875 145'TI�i�T W � N,�^ ? FiC)SFMnI�NL MINNFSOTA ,5(H'iA _ ��c��6N"L-dl��-�G-� 61:� -423-4411 TO: CITY COUNCIL FROM: MICHAEL WOZNIAK, AICP, CITY PLANNER DATE: JUNE 6, T989 SUBJ: JUNE 6, 1989 - REGULAR MEETING REVIEWS - ABD-ON NEW BUSIN�SS DALE HELWIG PRAi'ERTY • ABAT�MENT (1F C.H. 4Z ASSE�SM�NT Several months ago tha City �ounCii considared an appeal to a Planning �ommission decision which denied r�cognition as a buildable lat for � 2,28 acr� parcel of praperty awncd by I?afe Helwig (�ec map), tt had been dctermincd that ihe property in question had not been lega}ly divided and did not meet zorring ordinance requirements at the time of division. City Council upheld the Planning Commission decision but agreed to abate a special assessment piaced upon the property in conjunction with improvements to County Highway 42, provided that Mr. Helwig would sign an agreement waiving his right to chatlenge the right to build on the property. City Attorney, Dave Grannis, has prepared an agreement which would cause the . C.H. 42 assessment to be waived subject to the owner of the property not pursuiing residential development of it unless City regulations change to allow such development. A copy of the agreement is enclased with this review. Staff requests that City Council authorize execution of the attached agreement. � , � � � (3 R E E M E N T THIS AGREEMENT made and entered into this day of , 1 gn�, hy <,»a ►��t.w��, t >>e c r�rY �r }20SEMOUN�r. , a M.i.nnesot:a muri.i c�p�l r.�r.por�t�i rn�, j"C3 i:y•�j � 7nci RAI,F T1I:I�tJ:iG �nc3 MARLYS J. HELWIG, husband and wife, ("Owners") . WEiEREAS, Owners own the property described on the attached Exhibit ��A�� ("Property") i aild WIIEREAS, residential development of the Froperty is not permi�ted by the existing City Ordinances; and WHER�AS, the Froperty has been assessed for ttie improvement of County Road 42 ; and WHEREAS, Owners h�ve requested th�t the City waive the ��sessment. NOW THEREFORE, in consideration of this mutual covenant, the parties aqree as follows: 1. The City herehy waives the assessment against the ' Property for County Road 42 Improvemer�t Project. 2 . Owners agree not to pursue residential development of . � the Prope.rty unti� s�tch time as changes in the City's regulations ailow such development. 3 . This Agreement shall run with the land and may be recorded against the title to the Property. IN WITNESS WHEREOF, the parties hereto have executed this . � � • . 1� a R E E M E N T TIiTS AGREEMENT made and entered into this day of , 19�3�, k�y �nd 1:�etw��n t hP C:C`PY Or I20SFM�UNT, a M.i.nnes�t�� mun.ici.p�l c.�rpo►-�ti�,n, ('•Ci1:y•') , �c�ci 1)AI,F T11:T�W:iG at�ci MARLYS J. HELWIG, husband and wife, ("Owners") . WH�REAS, Owners own the property described an the attached Exhibit NAy� �HPraperty") ; and WT-IEREAS, residential devel.apment of the Froperty is not permit�ed by the existing City Ordinances; anci WHEREAS, the Property has been assessed for tt�e improvement of County Road 42 ; and WHEREAS, Owners have requested that the city waive the �ssessmen�. N�W THEREF�RE, in con�ideration of this mutual covenant, the par�ies agree as follows: 1. The City hereby waives the assessment aqainst the � Property for County Road 42 Improvement Project. 2. Owners agree not to pursue residential development of the Property unti�. such time as changes in the City's regul.ations allow such development. 3 . This Agreement shall run with the land and may be recc�rded against the title to the Property. IN WITNESS WHEREOF, the parties hereto have executed this � � � , Ac�reeinent tt�e day �nd year �irst aUdve wrii:teii. CITY OF ROSEMOUNT F3y• � liollan tloke, Mayor � By: Stephen Jilk, Administrator/Clerk . Dale H�elw�g � Marlys J. ti�lwig STATE OF MINNESOTA ) j ss. COUNTY OF DAKOTA j The foreqoir►g �n��rumen� was acknowl�dged betore me thi� day of , 1989, by City of Rosemount, a Minnesota municipal corporatian, by Ro11an Hoke, Mayor and Stephen Jilk, Administrator/Clerk, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) a � The foregoing iristrument was acknowledged before me this day af , 1989, by Dale �ielwig and Marlys J. Helwig, husband and wife. ' Notary Public TFiIS INSTRUMENT DRI�FTED BY: GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 - 2 - � .� TIMOTMY J. DWYER ATTORNEY AT LAW 425 HAMM BUILDING SAINT FAUL, MWNESOTA 55102 (612}222-74$3 Tuesday 6, 1989 Dean 3ohnson Director of Community Development City of Rosemount Rosemount , Minnesota 55068 Dear Mr. Johnson: This letter will eonfa.rm that the Cynthia Kelley Q'Neill 1954 Trust No. 1 and the Margaret H. Kelley 1953 Trust for the Hamm Foundation, Inc. and Successor Benefieiaries has consented to the installati.on of sanitary sewer and water on the property owned by �he above- described Trusts . It is my understanding that the estimated costs to be assessed against the Kelley property is to be as follows : Sewer $ 94, 208.00 Water 64,436.00 TOTAL $15$,644,00 This letter will confirm that the aboue-described Trusts have agreed not to appeal the assessment for the sewer and water pursuant to nur discussion that the cost, not anl.y to the Tru�ts � but to the City oE Itosemount � wou3.d be signifieantly higher if the sewer has to he instal.led at a later c�ate. It is our understanding that Shannon Parkway is to be extended this summ�r and our agreement to pay the installation cost for sewer and water at this time will lower the costs to the Trusts and the City of Rosemount . The above-descrihed Trusts do not have immediate plans to sell or develop the property and we do not want our consent to be cvnstrued as an indication that we no langer intend to utilize the property �or agricul.tural pur- poses ; however, we do fully expect that the property will be c�evel- oped at some time in the near future. If you have any questions or comments please do not he te to con- tact me. very ly yo s , o y . yer TJll:mm P•S. I am enclosing a "Pawer af Attorney" from the twa Trusts made out to Timothy J. Dwyer, authorizing Timothy J. Uwyer as the "power of atCorney" to act on behalf of the Trusts regarding real property transactions . POWFR OF ATT�RNEY N�TICE: TNE POWERS GRANTRD BY THIS D�Ct�TENT ARF BRnAD AND SIJE�PING. THEY ARE DEFINFD IN SECTI�N 523. 24. IF YOIJ HAVE ANY QUFSTI�NS AR�UT TNESE PO�JERS , �RTAIN C�MPF.TENT ADVICR. THE iJSE nF ANX �THER OR DIFFFRENT FORM CtF P�tdER �F ATT�RNFY nESIRED RY THF PARTIF� IS �1I.S� PFRh�ITTF,n. THI� P�t7ER �F ATTnRNEY MAY RF REV�KEp RY Y�t1 IF Y�t1 L,ATFR iJISH T� �n S(1. THI� PCIGJFR nF ATT()Ri1F,Y AtITH(1RI7,F.� RI1T f)�1?S ,InT RFQIJIRE TNE ATTnRP1FY-IN-FACT Tn �CT FOR YRU. Rnow All Men by These Fresents , which are intendeel to eonstit�.ite a STATUT(1RY �HORT F(1RM P�WER �F ATTORNEY pursuant t� A4innesc�t� Stati�tes , Secti�n 523. 23 : That I , Ja.mes E. Kellev, Trustee of the Mar�aret N. Kellev 1953 Trtist for the Narnm Foimciati�n , Inc. , an� Success�r Renef_ ici.�ries , 425 Har�m Ruil�inQ, St . Paul , Minnesota 55102, dc� herehy appoint Timothy J. Dwyer , 425 Hamm Builc3ing, St . Paul , Minnesota 551D2, my attorney-in-fact to act : First : in my name , pl�ce anc� stead in any way which I myself could do , if I were personallv present , with respect to the fallowin� matters as each of them is defined in �ectian 523. 24: (To Qrant to the attorney-in-fact anv of the folloc�inQ powers , make a check or "x" in the line in front of eaeh power heinQ granted. To �lelete any af the following powers , do not make a check or "x" in the line in front of the power. YoU may, but neecl not , cross out each power hein� deleted with a line drawn throu�h it {or in similar fashion) , Failure to make a check or "x" in the line in front of the power wi12 have the eff_ect o� c3eletin� the power unless the line in front of the pawer of (0) is che�ked or x-ed. ) Check or "x" X (A) real property tr'ansactions ; (R) tangible personal property transactians ; (C) bond , share, and eommodity transaetions ; (n) hankin� transactions ; (E) l�usiness operating transactions , (F) insurance transactions ; (G) beneficiary transactions ; (Hj �ift transacti�ns ; (I) fiduciary transactions ; (J) claims and liti�ation; (K) family maintenance ; (L) benefits from mili,tarv service ; (M) records , reports R at�rl statements ; (N) all other matters ; (0) all of the po��ers listecl in (A) throuQh (N) ahove. , � �econd : (You must inc� icat-� hel�ca wheth�r or nc�t this pc�wer of attorney will he effective i � voit h�cc�me incompetent . M,�ke a check �r "x" in the lir►e in front o� the staternent that ex�resses voi�r intent . ) X This pocaer �f attornev s'�all continue to he e.f.fective if I hecorne incom�etent. It s),all n�t t�e aff_e�ted hy mv later clisahilitv or incompefic�ncv. This po�•�er of att�rnev shall nc�t he ef.fective if I hecome incompetent . Third : (You must inc3icate helow whether or not this p�c•�er of attornev authc�rizPs the attornev-in-fact to transfer your praperty directiv to the �ttc�rney-zn-fact, T4ake a check or "x" in the ].ine in front of the statement that ex�resses your inten� . ) This power of attornev authorizes the attorney-in-fact to receive the transfer di�ectly. X This pc�wer of attorney does not auth�rize �he attorney-in- fact to receive the t�'ansfer directly. In Witness Whereo£ I have heretantv siened my narne this ? �.-; ,i -� day of �w / t.� _ � , 19f�9. i -----�,� - ':?/�-�,...�. _y„ 4.�' f�-1 ._(� � James� .. K�iley as Trt�stee o �the MarQaret H. Kelley 1953 Trust for the Hamm Foundation , Inc. , �nd fii�ccessc�r Reneficiaries ACKN04JLFDGMFNT STATE OF MINNESnTA) � SS . • C�UNTY OF RAMSEY ) �n this Z.1`�!- day of `=tsz�.�.,�,.,.�_ . 1989, before me , a notary public within and far said County and � ate, personally appeared � James E, Keiley, Trustee of the Mar�are Ha. Kelley 1953 Trust Far the Hamm Foundation , Inc. , and Successor Eiene€iciaries , to me known to be the person descrihed in and who executed the faregoinQ instru- ment �nd acknowledged that he executed the same as his free act ancl cleed. �1�I�C�..�C�.�`��_��_�`�, _ N�tarv Public T Specimen SiQnature of Attorney(s) . in-Fact ' �� + /, %�j.1 1� ,' � WA�Sf�F18iON�A �'. � p1y Cu►r�,E�4+�Nmr 17.t99� � Timot y J. TJw er � • . �� j -2-