HomeMy WebLinkAbout6.k. Approval of Amended Assessment Agreement for Autumn Path between the City of Rosemount and the Property Owners
EXECUTIVE SUMMARY
City Council Regular Meeting: December 1, 2020
AGENDA ITEM: Approval of Amended Assessment
Agreement for Autumn Path between the
City of Rosemount and the Property
Owners
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.k.
ATTACHMENTS: Amended Assessment Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve Amended Assessment Agreement
SUMMARY
On October 20, 2020 the City Council approved the assessment agreement for Autumn Path between the
City and the property owners, the McMenomy family. The agreement allows deferral of the special
assessments for 10 years or until development. Development was defined as an application for
subdivision, lot division or building permit. Unfortunately, that was not the intention, and instead, staff
believes development should be defined as sale of the property or recording of a final plat or lot division.
The action to amend the agreement will allow any developer to apply for approvals and receive
entitlements without having the pay the deferred assessments. As written, the language discourages
working with a developer since a simple application for planning review would have triggered payment of
the assessment. The property owners are working with a development company that would like to formally
apply for subdivision approval in the near future. This modification would allow application without
penalty. The modification found in the document is listed below:
1. Payment of the Assessment, without interest accrual, is due ten (10) years from the effective date of
this Agreement or upon development of the Property, whichever occurs first. For purposes of this
Agreement, “development” means any sale of the property or filing of a final plat or lot division of any
portion of the property with Dakota County. application by Owner, or Owner’s agents or representatives,
for a lot division, plat or building permit related to the Property. The effective date of the Agreement is the
date that it is approved by the Rosemount City Council.
RECOMMENDATION
Staff is recommending approval of amended assessment agreement.
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585567v1 RS215-4
ASSESSMENT AGREEMENT
THIS ASSESSMENT AGREEMENT is by and between the City of Rosemount, a
Minnesota municipal corporation (the “City”) and John E. McMenomy, (“Owner”).
RECITALS
WHEREAS, the City intends to install Autumn Path, City Project 2019-07 (the “Project”)
which includes installation of a paved collector road of approximately 1,600 feet; and
WHEREAS, the City intends to pay for the Project through special assessments, and
WHEREAS, the properties benefited by the Project include an 80-acre property owned by
the Owner, located at 1283 Bonaire Path W. (PID 344746000010) and legally described on Exhibit
A (the “Property”); and
WHEREAS, based upon its feasibility study, the City desires to assess the Property
$644,661.88 Dollars (the “Assessment”).
WHEREAS, the Property is currently agriculturally zoned, located inside the Metropolitan
Urban Service Area (MUSA) and developed with a single-family home; and
WHEREAS, the Project shall benefit the Property by no less than $644,661.88; and
WHEREAS, the parties wish to memorialize the terms of their agreement to delay payment
of the Assessment on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the parties agree as follow:
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585567v1 RS215-4
AGREEMENT
1. The above-stated recitals are incorporated by reference into this Agreement.
2. Payment of the Assessment, without interest accrual, is due ten (10) years from the effective
date of this Agreement or upon development of the Property, whichever occurs first. For purposes of
this Agreement, “development” means any sale of the property or filing of a final plat or lot division
of any portion of the property with Dakota County. The effective date of the Agreement is the date
that it is approved by the Rosemount City Council.
3. The Owner, on behalf of himself, and his successors and assigns, acknowledges the benefit
to the Property and all lots within a future subdivision (if any) of the Property and hereby consents
to the Assessment. Owner waives any right to a hearing, notice of hearing, and all rights to appeal
the Assessment under Minnesota Statutes, Chapter 429 or other applicable authorities, including
but not limited to the right to challenge whether the increase in fair market value resulting from
the Project is at least equal to the Assessment and that such increase in fair market value is a special
benefit to the Property.
4. Nothing in this Agreement shall affect the City’s ability to assess for future additional charges
required by any additional development or subdivision of the Property.
5. If the Owner, or his successors or assigns, violates any of the covenants and agreements
contained in this Agreement, the City may seek any legal remedy that it is otherwise entitled to
under law, including but not limited to the option to commence a legal action for monetary
damages or for specific performance. The Owner, on behalf of himself, and his successors and
assigns, agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable
attorney's fees in connection with said action, provided that the City is successful in such action.
6. Nothing in this Agreement is intended to affect any other payments that might be due to
the City, or any other governmental entity, at the time that the Property is platted or developed.
7. This Agreement shall run with the land described herein and shall inure to the benefit of and
be binding upon the successors and assigns of the parties.
8. The City will record this Agreement and pay all costs of recording.
9. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
10. The parties acknowledge that they have been represented by counsel in connection with
the execution of this Agreement, or have chosen not to consult with counsel, and intend that no
rules construing provisions of this Agreement against the drafter will be applied.
11. In the event any provision of this Agreement is held to be invalid and unenforceable by any
court of competent jurisdiction, such holding will not invalidate or render unenforceable any other
provision hereof.
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585567v1 RS215-4
12. This Agreement may not be amended except by a writing authorized and executed by all
parties.
13. This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota.
[Remainder of page intentionally left blank; signature pages to follow.]
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IN WITNESS WHEREOF, the City and Owners have caused this Agreement to be
executed in their names and on their behalf by their duly authorized representatives:
OWNER
By: ___________________________ By: __________________________
John E. McMenomy Rita McMenomy
Dated: ________________________ Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by John E. McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Rita McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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DOCSOPEN\RS220\403\675474.v1-9/16/20
OWNER
By: __________________________ By: __________________________
Michael F. McMenomy Dianne McMenomy
Dated: ________________________ Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Michael F. McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Dianne McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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DOCSOPEN\RS220\403\675474.v1-9/16/20
OWNER
By: __________________________
Elizabeth A. McMenomy, as trustee of the
Elizabeth A. McMenomy Trust
Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Elizabeth A. McMenomy, as trustee of the Elizabeth A. McMenomy Trust, on behalf of
Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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DOCSOPEN\RS220\403\675474.v1-9/16/20
OWNER
By: __________________________ By: __________________________
Terrance McMenomy Jennifer McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Terrance McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Jennifer McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
8
DOCSOPEN\RS220\403\675474.v1-9/16/20
OWNER
By: __________________________ By: __________________________
Robert McMenomy Tracy McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Robert McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Tracy McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
9
DOCSOPEN\RS220\403\675474.v1-9/16/20
OWNER
By: __________________________ By: __________________________
Daniel McMenomy Deborah McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Daniel McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Deborah McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________
William McMenomy
Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by William McMenomy, a ___________________ person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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CITY OF ROSEMOUNT
By: ____________________________
William Droste, its Mayor
Dated: _________________________
By: ____________________________
Erin Fasbender, its City Clerk
Dated: __________________________
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of _________, 2020,
by William Droste and Erin Fasbender, the Mayor and City Clerk, respectively, of the City of
Rosemount, Minnesota, on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
This instrument was drafted by:
Kennedy & Graven, Chartered (MDT)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300