HomeMy WebLinkAboutItem 14 - 2014-11-14 Assessment Agreement-2832 Legion Avenue_DRAFT
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Return To:
David K. Snyder, Esq.
JOHNSON / TURNER ATTORNEYS AT LAW
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
DRAFT – NOVEMBER 14, 2014
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ASSESSMENT AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of ___________, 2014, by and
between the City of Lake Elmo, a Minnesota municipality organized under the laws of the State of
Minnesota (hereinafter referred to as "City"); and Scott and Cindy Baerman, owners of the property
located at 2832 Legion Avenue N., Lake Elmo MN, 55042 (hereinafter referred to as "Applicant").
WITNESS:
WHEREAS, the City Council of the City has, by council action taken on ___________
approved a request by Applicant to connect to the City’s 201 Wastewater Treatment System,
Remote A located on Legion Avenue North due to a noncompliant system located on their property;
and,
WHEREAS, it is the policy of the City to enter into development contracts as contemplated
in Minnesota Statutes §462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth their respective rights and obligations.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions contained herein, it is agreed by the parties hereto as follows:
1. The Council has approved the Applicant’s request to connect to the Remote A 201
wastewater treatment system for a treatment system buy-in cost of $7,520 to be paid before the
connection is made.
2. The applicant is responsible for performing the work and incurring all costs for
constructing their sanitary sewer service line and connecting to the City’s 2.5-inch low pressure
forcemain located within the right of way of Legion Avenue North.
3. The applicant must retain a licensed contractor and obtain a sewer connection permit
before commencing the work. The sewer connection permit must include a scaled drawing showing
the work to be performed in accordance with the state building code requirements, including curb
stop and valve locations, to be reviewed and approved by the City Building Official.
4. At the time that the City notifies the Applicant that the public sanitary sewer is or
was made available, then the Applicant shall, within six (6) months, connect to public sanitary
sewer. Applicant agrees that in connection with any assessment proceeding, the value conferred on
the Applicant’s property by the availability of public sewer shall be determined based upon the fact
that no permanent septic system serves the property and that the 201 wastewater treatment system
connection is temporary and would no longer be useable once sanitary sewer is furnished to the
property.
5. Warranty of Title. Applicant warrants and represents to the City that it is the fee
owner(s) of the Subject Parcel described herein and that it has authority to execute this Assessment
Agreement and agree to the conditions hereof.
6. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the
terms and conditions hereof shall run with the lands described herein, and be binding on and inure
to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding
upon all future owners of all or any part of the subject property, and shall be deemed covenants
running with the land. Reference herein to the Applicant, if there be more than one, shall mean each
and all of them.
This Agreement shall be placed of record so as to give notice hereof to subsequent
purchasers, the cost of said recording shall be borne by the Applicant and charged against the
escrow account.
7. Notices. Any notice or other communication that either party wishes or must give to
the other shall be deemed duly given: (i) on the date of personal delivery or (ii) two (2) days
following mailing by certified mail, postage prepaid, return receipt requested, to the following
addresses of the parties or to such other address as either party shall designate to the other:
City of Lake Elmo:
Adam Bell, City Clerk
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Applicant:
Scott and Cindy Baerman
2832 Legion Avenue North
Lake Elmo, MN 55042
8. Governing Law. This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Minnesota.
9. Entire Agreement. This Agreement sets forth the entire agreement of the parties
hereto and supersedes all prior agreements and understandings between the parties with respect to
the matters contained herein.
10. Amendment, Modification or Waiver. No amendment, modification or waiver of
any condition, provision or term herein shall be valid or of any effect unless made in writing, signed
by the party or parties to be bound or by a duly authorized representative thereof and specifying
with particularity the extent and nature of such amendment, modification and waiver.
IN WITNESS WHEREOF, the City and Applicant have caused this Agreement to be duly
executed on the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE(S)]
APPLICANT
_________________________________
Scott Baerman
_________________________________
Cindy Baerman
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _____, 2014, before me, a Notary Public, within and for said County
and State, personally appeared Scott Baerman and Cindy Baerman, husband and wife, who signed
the foregoing instrument and acknowledged said instrument to be their free act and deed.
__________________________________________
Notary Public
CITY OF LAKE ELMO_
By: _________________________ By: ___________________________
Mike Pearson Adam Bell
Its: Mayor Its: Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day
of_______________, 2014, by Mike Pearson, the Mayor of the City of Lake Elmo, a Minnesota
municipal corporation, on behalf of said City with full authority so to do.
_________________________________
SIGNATURE OF NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day
of_______________, 2014, by Adam Bell, the Clerk of the City of Lake Elmo, a Minnesota
municipal corporation, on behalf of said City with full authority so to do.
_________________________________
SIGNATURE OF NOTARY PUBLIC
DRAFTED BY:
David K. Snyder, Esq.
JOHNSON / TURNER ATTORNEYS AT LAW
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651) 464-7292
OFFICIAL SEAL OF NOTARY PUBLIC
OFFICIAL SEAL OF NOTARY PUBLIC
EXHIBIT A
Page 5 of 5
EXHIBIT B