Loading...
HomeMy WebLinkAbout2014-049 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-49 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT ROBINSON DRIVE IMPROVMENT PROJECT CENTURY FARM NORTH WHEREAS, pursuant to Resolution No. 14-43 adopted by the City Council on July 28, 2014, the City approved the Amendment to PUD Development Stage Plan/Preliminary Plat for Century Farm North; and WHEREAS, the plat requires the improvement of Robinson Drive by the extension of street, sanitary sewer, watermain, storm sewer and pedestrian improvements ("Improvement Project"); and WHEREAS, Century Farm North Development, Inc. and Jeffrey E. Morell (collectively, the Owner) are the owners of certain real property in the City abutting said 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 $950,000 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 Owner' property for street right-of-way, temporary construction easements and drainage and utility easements; and WHEREAS, the Owner wishes to donate to the City the necessary right-of-way and easements to provide for the construction of said Improvement Project; and WHEREAS, the City is willing to construct the Improvement Project without certain notices or hearings, provided the assurances and covenants, as detailed in the Petition and Waiver Agreement, 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, that all necessary right-of-way and easements are provided to the City at no cost; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28th day of July, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, Kusterman, Reinert The following voted against same: none 1 L, ATTEST: an e Bartell, City ' lerk 2 PETITION AND WAIVER AGREEMENT This Agreement made this 28th day of July, 2014, by and between the City of Lino Lakes, a Minnesota municipal corporation ("City"), and Century Farm North Development, Inc. & Jeffrey E. Morell, a single person, (collectively. the "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 100% percent of the costs estimated to be $950,000 of the Improvement Project against the Subject Property on a per lot basis; and WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owner's property for street right-of-way and storm water ponding; 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 is willing to construct the Improvement Project 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 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 A. 3. The Owner requests that of the cost of the Improvement Project be assessed against the Subject Property ("Project Cost") as estimated to be $950,000, and divided equally per lot. The owner agrees to be assessed the actual project costs. The parties agree and understand that the principal amount to be assessed for the Improvement Project will not exceed the Project Cost. 4. The Owner requests that the City provide the plans and specifications, and bid administration ("Design and Bidding") for the Robinson Drive Improvement Project. The City will be compensated for the cost to prepare the Design and Bidding documents by a deposit of cash funds through a separate Deposit Agreement to be executed by the Owner and City. The construction administration costs will be included in the Project Cost. 5. 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. 6. 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, 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 a 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. 7. Except as otherwise provided in paragraph 4 above, 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 set at 2% over the rate at which the City sells bonds for funding the Improvement Project. 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. 8. The Owner agrees to provide to the City, at no cost to the City, the right-of-way and permanent easements required to construct the Improvement Project as legally described in Exhibit C hereto. The road right-of-way (Robinson Drive) shall be dedicated to the City by plat. 9. 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. 10. 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 that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 11. 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. above. L., IN WITNESS WHEREOF, the parties have set their hands the day and year first written „./ CITY OF LINO LAKES OWNER CENTURY FARM NORTH DEVELOPMENT, INC. L By Its Mayor By By Gary Uhde By Its City Clerk Jeffrey E. Morell STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 20 by Jeff Reinert 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 ANOKA ) The foregoing instrument was acknowledged before me this day of , 20_, by Gary Uhde, the of Century Farm North Development, Inc., a corporation under the laws of the State of Minnesota. Notary Public `.,i STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014, by Jeffrey E. Morell, a single person. Notary Public L L L., L., EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DESCRIPTION - (Century Farm outlot) OUTLOT A CENTURY FARM NORTH 5TH ADDITION DESCRIPTION (Morell parcel) THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 31, RANGE 22. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 31, RANGE 22, THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHWEST QUAR I'ER OF THE NORTHWEST QUARTER OF SECTION 7, ON AN ASSUMED BEARING OF S00 27'12"E A DISTANCE OF 120 FEET; THENCE N87 36' 19"E EAST A DISTANCE OF 360 FEET; THENCE, PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT OF IN 1'ERSECTION WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING. DESCRIPTION OF PARK VACATION: THAT PART OF THE PARK AREA DEDICATED IN CENTURY FARM NORTH 5TH ADDITION, ANOKA COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARK OF SAID CENTURY FARM NORTH 5TH ADDITION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL ON AN ASSUMED BEARING OF NORTH 87° 36' 19" EAST A DISTANCE OF 205.57 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL ON A BEARING OF NORTH 87° 36" 19" EAST A DISTANCE OF 180.00 FEET; THENCE SOUTH 02° 23' 41" EAST FORA DISTANCE OF 131.18 FEET; THENCE SOUTH 87° 36" 19" WEST A DISTANCE OF 180.00 FEET; THENCE NORTH 02° 23' 41" EAST FOR A DISTANCE OF 131.18 FEET TO THE POINT OF BEGINNING. EXHIBIT B IMPROVEMENT PROJECT The improvement of Robinson Drive from Sunset Avenue to Morgan Lane for the construction of street, sanitary sewer, watermain within Robinson Drive, watermain improvements along Sunset Avenue from Robinson Drive to Century Trail for the purpose of looping the watermain, storm sewer, and pedestrian improvements conceptually depicted in the concept plans attached hereto. L., L EXHIBIT C LEGAL DESCRIPTION OF RIGHT-OF-WAY All that part of Robinson Drive as shown on the preliminary plat of CENTURY FARM 6TH ADDITION, dated April 25, 2014 together with drainage and utility easements for stormwater management purposes.