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HomeMy WebLinkAbout2006-078 Council Resolution• • Council Member6 Donn[/ introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-78 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT (21sT AVENUE IMPROVEMENTS) WHEREAS, the City has received a Petition and Waiver Agreement requesting the improvement of 21st Avenue South 21st Avenue by constructing street, curb & gutter and storm sewer between a point 600 feet south of Main Street and a point approximately 1400 feet south of Main Street; filed with the council on May 8, 2006, is hereby declared to be signed by 100% of the property owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Chapter 429; and WHEREAS, The Owner requests that up to $150,000 of the cost of the Improvement Project be assessed against the Subject Property, and WHEREAS, The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project, notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat., Section 429.061, and any notice of hearing or procedure specified under the City Charter; and specifically requests that the Improvement Project be constructed and special assessments levied therefore against the Subject Property without hearings; and WHEREAS, The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the Petition and Waiver Agreement, attached hereto as Exhibit A, is accepted. ne Bartell, ity' lerk John 9t--. Ber eso , Mayor • • • Adopted by the Lino Lakes City Council this 8th day of May, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member?e;nert and upon vote being taken thereon, the following voted in favor thereof: &Donnell, Re•nerL,S{ -tl-z, Carlson , Be: yeson The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • EXHIBIT A PETITION AND WAIVER AGREEMENT This Agreement made this day of , 2006, by and between the City of Lino Lakes, a Minnesota municipal corporation ( "City "), and Gerald L. Rehbein, ( "Owner "). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property in the City described in Exhibit A hereto (the "Subject Property "); and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property as described in Exhibit B hereto (hereinafter referred to as the "Improvement Project "); and WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy up to $150,000 of the cost of the Improvement Project against the Subject Property; and WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owners property for street right of way; and WHEREAS, the Owner wishes to donate to the City the necessary right -of -way to provide for the construction of said Improvement Project; and WHEREAS, the City of Centerville and the City have also entered into a Joint Powers Agreement, dated as of , 200_ (the "Agreement "), providing for the parties respective responsibilities regarding construction of the Improvement Project; and • • WHEREAS, the City is willing to construct the Improvement Project in accordance with the Agreement and without certain notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project and that all necessary right of way is provided to the City, at no cost to the City; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices, hearings and right of way and is doing so solely at the behest, and for the benefit of, the Owner. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that is has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Owner requests that up to $150,000 of the cost of the Improvement Project be assessed against the Subject Property. The parties agree and understand that the principal amount to be assessed for the Improvement Project will not exceed $150,000. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project, notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat., Section 429.061, and any notice of hearing or procedure specified under the City Charter; and specifically requests that the Improvement Project be constructed and special assessments levied therefore against the Subject Property without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or -107- • • • reapportionment thereof upon and division pursuant to Minn. Stat., Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 or the City Charter with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is special benefit to the Subject Property; c. Assessment of the above - specified cost of the Improvement Project against the Subject Property is reasonable, fair and equitable and there are no other properties against which such cost should be assessed; and d. The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. 6. The Owner understands and agrees that the City may provide for the payment of such special assessments in installments over a period of ten (10) years bearing an interest rate of seven (7) percent. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 7. The Owner agrees to provide to the City, at no cost to the City, the right - of -way required to construct the Improvement Project as legally described in Exhibit C hereto. Said right of way shall be transferred to the City in the form of a Quit Claim Deed. 8. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 9. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Anoka County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. -10 - • • 10. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF LINO LAKES GERALD L. REHBEIN By By By Its Mayor Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 200_, by John Bergeson and Julianne Bartell, the Mayor and City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 200_, by -10 - Notary Public • • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY • • • EXHIBIT B IMPROVEMENT PROJECT • • • EXHIBIT C LEGAL DESCRIPTION OF RIGHT -OF -WAY