2013.10.21 RESO 2013-29 - Laserfiche WebLink

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RESOLUTION NO. 2013 - 29 RESOLUTION ADOPTING ASSESSMENTS FOR ROSEMARY WAY STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to the Petition, Waiver, and Assessment Agreement ("Agreement') made the 23`d day of September, 2013, by and between the City of Hugo ("City") and Everton Investments Limited Liability Partnership ("Owner"): 1) The Owner is the fee owner of certain real property (the "Subject Property") located in the City; the legal description of which is Outlot B, Frenchman Place I A Addition; and Outlet B, Frenchman Place 2nd Addition; and 2) The Owner desires to have certain public improvements constructed to serve the Subject Property generally described as the construction of Rosemary Way from the western boundary of Frenchman Place 1 s` Addition to Everton Avenue North ("Improvement Project'); and 3) The Owner wishes for the City to construct the Improvement Project at an estimated cost of $1,056,170.00 without notice of hearing or hearing on the Improvement Project; and 4) The Owner has established an escrow account ("Escrow Account') with Lake Area Bank by depositing into the Escrow Account the amount of ($450,000.00) ("Escrowed Funds"), which Escrowed Funds shall be used shall be used to pay the City for the first $450,000.00 of the costs of the Improvement Project; and 5) The Owner wishes for the City to levy and assess $606,170.00 of the cost of the Improvement Project against the Subject Property without notice of hearing or hearing on the special assessments; and 6) The Owner waives notice of hearing and hearing pursuant to Minn. Stat. 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA: Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.