The URL can be used to link to this page

Home My WebLink About404 Lake Elmo Ave assessment agreement ───────────────────────────────────────────────────────R Return To: David K. Snyder, Esq. JOHNSON / TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of November, 2015, 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 Gary D. and Teresa D. Kanne, (hereinafter referred to as "Applicant"). WITNESS: WHEREAS, the City Council of the City has, by Resolution on November 4, 2015, approved a request to connect their property at 404 Lake Elmo Avenue North to the City’s water and sewer system; 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: 2 1. Assessment Amount. Upon execution of this Agreement, Applicant shall pay to the City the sum of $6,000.00, to be assessed against the Property. The terms of the assessment shall be as follows: The assessment amount of $6,000.00 shall be payable over a period of fifteen (15) years, with 4.61% interest applied. The balance of the assessment amount shall be paid in full before any transfer of part or all of the property. The assessments shall represent ____% of the total cost of the improvements. 2. Lien Upon Property. The assessment shall be a lien upon the Property from the date of a resolution of the City Council adopting the assessment. 3. Warranty of Title. Applicant warrants and represents to the City that they are the fee owner(s) of the Subject Parcel described herein and that they have authority to execute this Assessment Agreement and agree to the conditions hereof. 4. 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. 5. 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 3 addresses of the parties or to such other address as either party shall designate to the other: City of Lake Elmo: Julie Johnson, City Clerk City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 Applicant: Gary & Teresa Kanne 404 Lake Elmo Avenue N. Lake Elmo, MN 55042 6. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 7. 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. 8. 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. 9. Waiver of Rights to Appeal. Applicant expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner’s property is excessive, together with all rights to appeal in the courts, including those appeal rights arising under Minn. Const. art. X, § 1 and Minn. Stat. § 429.011 et. seq. IN WITNESS WHEREOF, the City and Applicant have caused this Agreement to be duly executed on the day and year first above written. 4 APPLICANT _________________________________ Gary D. Kanne _________________________________ Teresa D. Kanne STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _________________, 2015, before me, a Notary Public, within and for said County and State, personally appeared Gary D. Kanne and Teresa D. Kanne, husband and wife, to me personally known, who, being duly sworn, acknowledged said instrument to be his/her/their free act and deed. _________________________________ SIGNATURE OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC 5 CITY OF LAKE ELMO By: _________________________ By: ___________________________ Its: Mayor Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of_______________, 2015, 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_______________, 2015, by Julie Johnson, 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 OFFICIAL SEAL OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC 6 DRAFTED BY: David K. Snyder, Esq. JOHNSON / TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 1 EXHIBIT A (Parcel A) Page 5 of 5 EXHIBIT B (Parcel B)