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HomeMy WebLinkAboutResolution 4664 . . . RESOLUTION NO. 4664 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING FEASIBILITY STUDY AND PLANS AND SPECIFICATIONS, AUTHORIZING EXECUTION OF PETITION AND WAIVER AGREEMENT, ORDERING IMPROVEMENT PROJECT NO. 94-6, AND AWARDING A CONTRACT THEREFOR WHEREAS, the City Council has received a feasibility study entitled "Feasibility Report for Sanitary Sewer Connection to 7406 Spring Lake Road, City Project No. 94-6"; and WHEREAS, the City Council has also received a Petition and Waiver Agreement executed by the owner of 7406 spring Lake Road, requesting that the city construct Project No. 94-6 and levy 100% of the cost therefor against said property; and WHEREAS, said Petition and Waiver Agreement request that city Project No. 94-6 be constructed without notice of hearing or hearing on the improvement or on the levy of assessments therefor and that 100% of the cost of the project be levied against said property; and WHEREAS, the Council has received plans and specifications for City Project No. 94-6; and WHEREAS, the City has received construction quotations for the construction of City Project No. 94-6; and WHEREAS, the Council has duly reviewed and considered all of the above documents and has concluded that all are in order and that it is in the best interest of the city to proceed with Project No. 94-6. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View, Minnesota as follows: 1. The feasibility project for Project No. 94-6 is hereby approved. 2. The Mayor and Clerk-Administrator are authorized and directed to execute the Petition and Waiver Agreement on behalf of the City. . . . RESOLUTION NO. 4664 PAGE TWO OF TWO 3. The Petition and Waiver Agreement executed by the owner of 7406 Spring Lake Road is found to be in proper order and is accepted. 4. The plans and specifications for Project No. 94-6 are approved. 5. city Project No. 94-6, as described in the feasibility report, is hereby ordered. 6. A contract for the construction of City Project No. 94- 6 between the city and Jerry's Plumbing is hereby approved, and the Clerk-Administrator is authorized and directed to take such steps as are necessary to enter into a contract with the contractor and proceed with construction. 7. Upon completion of the project and determination of the costs thereof, the Clerk-Administrator is directed to cause an assessment roll to be prepared levying 100% of the costs of the improvement against the property located at 7406 Spring Lake Road for presentation to and consideration by the Council. Adopted this 29th Day of November, 1994. ATTEST: (SEAL) . . . PETITION AND WAIVER AGREEMENT THIS AGREEMENT made this ~~ay of November, 1994, by and between the City of Mounds View, a Minnesota municipal corporation (the "City"), and Patricia J. Kleven, a single person (the "Owners"); WITNESSETH: WHEREAS, the Owners are the fee owners of certain real property (the "Subject Property") located in the City the address of which is 7406 Spring Lake Road; and WHEREAS, the Owners desire to have the Subject Property connected to the City's sanitary sewer system; and WHEREAS, such connection will require construction of a sanitary sewer service line connecting the Subject Property to the City's sanitary sewer line; all as more specifically described in the feasibility report therefor entitled: "Feasibility Report for Sanitary Sewer Connection to 7406 Spring Lake Road, City Project 94-6" (the "Improvement Project"), and WHEREAS, the Owners desire that construction of the Improvement Project be completed during 1994; and WHEREAS, the Owners wish the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 100 percent of the cost of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request by the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owners to ensure that the" c1-ty 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 WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owners. . . . PETITION AND WAIVER AGREEMENT PAGE TWO OF THREE NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owners hereby petition the City for construction of the Improvement Project. 2. The Owners represent and warrant that they are the owners of 100 percent of the Subject Property, that they have full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, they have fee simple absolute title in the Subject Property. 3 . The Owners request that 100 percent of the cost of the Improvement Project be assessed against the Subject Property. The Owners understand and agree that the current estimated cost of the Improvement Project is $2,465 but that the cost of the Improvement Project will be determined in accordance with Minnesota Statutes, Chapter 429 and standard City practices and that such cost may be as much as $3,500. The Owners further understand and agree that the City. does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $3,500 in the event actual project costs which may lawfully be assessed pursuant to Minnesota statutes, Chapter 429, exceed said amount. Special assessments shall be levied against the Subject Property. 4. The Owners waive notice of hearing and hearing pursuant to Minnesota Statues, S 429.031, on the Improvement Project, and notice of hearing and hearing00n the special assessments levied to finance the Improvement Project pursuant to Minnesota Statutes, S 429.061, and specifically request that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. 5. The Owners waive the right to appeal the levy of special assessments in accordance with this Agreement pursuant to Minnesota Statutes, S 429.081, or reapportionment thereof upon land division pursuant to Minnesota Statutes, S 429.071, subd. 3, or otherwise, and further specifically agree with respect to such special assessments against the Subject Property or reapportionment that: . . . PETITION AND WAIVER AGREEMENT PAGE THREE OF THREE a. Any requirements of Minnesota statutes, Chapter 429 with which the City does not comply are hereby waived by the Owners; b. The increase in fair market value to the Subject Property resulting from construction of the Improvement Project will be in an amount at least equal to $3,500, and that such increase in fair market value is a special benefit to the Subject Property; c. Assessment of 100 percent of the 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 Owners further specifically waive notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minnesota Statutes, S 429.071, subd. 3. 6. The Owners understand and agree that the city may provide for the payment of such special assessments in installments bearing such interest as may be determined by the City Council. 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. IN WITNESS WHEREOF, the of the date above written. undersigned have set their hands as 111 ' ~"~~ I ~tu .11"___ -- ~-? ./ Patricia J. KIev n CITY OF MOUNDS VIEW By Jerome J. Linke, Its Mayor By Samantha V. Orduno, Its Clerk-Administrator