HomeMy WebLinkAbout2006-078 Council Resolution•
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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
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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.
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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
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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
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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.
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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
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Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
IMPROVEMENT PROJECT
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EXHIBIT C
LEGAL DESCRIPTION OF RIGHT -OF -WAY