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2006-078 Council Resolution
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2006-078 Council Resolution
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Last modified
9/16/2014 1:39:44 PM
Creation date
9/16/2014 12:29:32 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
05/08/2006
Council Meeting Type
Regular
Resolution #
06-078
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• <br />• <br />• <br />reapportionment thereof upon and division pursuant to Minn. Stat., Section 429.071, <br />Subd. 3, or otherwise, and further specifically agrees with respect to such special <br />assessments against the Subject Property or reapportionment that: <br />a. Any requirements of Minn. Stat., Chapter 429 or the City Charter with <br />which the City does not comply are hereby waived by the Owner; <br />b. The increase in fair market value of the Subject Property resulting from <br />construction of the Improvement Project will be at least equal to the <br />amount specified in paragraph 3, and that such increase in fair market <br />value is special benefit to the Subject Property; <br />c. Assessment of the above - specified cost of the Improvement Project <br />against the Subject Property is reasonable, fair and equitable and there <br />are no other properties against which such cost should be assessed; and <br />d. The Owner further specifically waives notice and right to appeal <br />reapportionment of such special assessments upon land division pursuant <br />to Minn. Stat., Section 429.071, Subd. 3. <br />6. The Owner understands and agrees that the City may provide for the <br />payment of such special assessments in installments over a period of ten (10) years <br />bearing an interest rate of seven (7) percent. However, the decision regarding the <br />period of time over which the special assessments may be paid and the interest rate to <br />be applied is in the absolute and sole discretion of the city council, subject only to <br />limitations imposed by law. <br />7. The Owner agrees to provide to the City, at no cost to the City, the right - <br />of -way required to construct the Improvement Project as legally described in Exhibit C <br />hereto. Said right of way shall be transferred to the City in the form of a Quit Claim <br />Deed. <br />8. Owner represents and warrants that the Subject Property is not so <br />classified for tax purposes as to result in deferral of the obligation to pay special <br />assessments; and Owner agrees that it will take no action to secure such tax status for <br />the Subject Property during the term of this Agreement. <br />9. The covenants, waivers and agreements contained in this Agreement <br />shall bind the successors and assigns of the Owner and shall run with the Subject <br />Property and bind all successors in interest thereof. It is the intent of the parties hereto <br />that this Agreement be in a form that is recordable among the land records of Anoka <br />County, Minnesota; and they agree to make any changes in this Agreement which may <br />be necessary to effect the recording and filing of this Agreement against the title of the <br />Subject Property. <br />-10 - <br />
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