985 Cliff Rd - Assessment & Deferment Agreement 2813879Rate
(the "Assessment ").
Receipt#: 160810
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
Net Area Total
(Acre) Assessment
$2,770 3.32 $9,196.40
2813879
Recorded on 8/10/2011 09:00:03AM
By DDW, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
ASSESSMENT AND DEFERMENT AGREEMENT
This Assessment and Deferment Agreement ( "Agreement ") is made this 1 "- day of
July 2011, by and between Jo Ellen Abraham and Paul A. Abraham, wife and husband,
(hereinafter "Landowner ") and the CITY OF EAGAN, a Minnesota municipal corporation
(hereinafter "City "). Landowner and City are hereinafter collectively referred to as the "Parties."
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as:
See Exhibit "A"
(the "Property ").
WHEREAS, as part of City Public Improvement Project 1033 (hereinafter the "Project "),
the City assessed the Property for trunk water main improvements at the rate of $2,770.00 per net
assessable acre. The Property's full assessment is $9,196.40 for 3.32 net assessable acres.
WHEREAS, the Landowner has agreed to that portion of the Assessment for the City's
current single - family trunk water availability fee of $1,325.00 (hereinafter the "Immediate
Assessment ") and has requested that the City defer that portion of the Assessment above the
Immediate Assessment, consisting of $7,871.40 (hereinafter the "Deferred Assessment "), until
the Property is further sold, subdivided, platted, or otherwise developed, or July 5, 2036,
whichever occurs first, and
WHEREAS, the City is willing to levy the Immediate Assessment and defer collection of
the Deferred Assessment upon the terms and conditions contained herein.
WHEREAS, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. ASSESSMENT. The Assessment for trunk water main for Project 1033 is $9,196.40.
The Assessment shall be divided between the Immediate Assessment and the
Deferred Assessment.
2. IMMEDIATE ASSESSMENT. The Immediate Assessment is $1,325.00 and is payable
over ten (10) years in equal annual installments, together with interest at the rate of
five percent (5 %) per annum.
3. DEFERRED ASSESSMENT. The Deferred Assessment in the amount of $7,871.40 shall
be paid pursuant to Minn. Stat. § 429.061, Subd. 2. The Parties agree that the
payment of the first installment of the Deferred Assessment, including interest
thereon, shall be deferred until the Property is sold, subdivided, platted or otherwise
developed, whichever occurs first, at which time the first installment of the Deferred
Assessment shall become due and payable. The Deferred Assessment shall bear
interest at the rate of five percent (5 %) per annum as set forth in the assessment roll
for the Project. When the first installment of the Deferred Assessment becomes due
and payable, interest accrued on the Deferred Assessment from July 5, 2011 to
December 31 of the year the first installment of Deferred Assessment becomes due
and payable shall be added to the original deferred assessment ($7,871.40) and the
totals of those amounts shall become the "Principal Assessment Amounts Payable ".
The Principal Assessment Amounts Payable shall be divided into five (5) equal
annual installments, or such lesser number of equal annual installments as is
necessary for the last installment thereof to be payable not more than thirty (30) years
after the levy of the Assessments. The first installment of the Principal Assessment
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Amounts Payable, plus one year interest thereon until December 31 of the year in
which the first installment is to be paid, shall be included in the first tax rolls
completed after it becomes due and payable, and shall be paid in the same year as the
taxes contained therein, and to each subsequent installment shall be added interest for
one year on the remaining unpaid installments which shall be paid in a like manner.
The Parties agree that, notwithstanding anything in this Agreement to the contrary,
the Deferred Assessment and interest thereon must be paid in full no later than July 5,
2041. In the event that the Deferred Assessment has not been paid prior to July 5,
2036, the Principal Assessment Amounts Payable shall be payable in five (5) annual
installments commencing January 1, 2037, together with interest thereon at the rate of
five percent (5 %) per annum and payable over the next five (5) years.
4. PREPAYMENT. The Landowner may, at any time, pre -pay in full or in part the
Deferred Assessment.
5. WAIVER. The Landowner hereby accepts the Assessment and hereby waives the right
to object or appeal the Assessment pursuant to Minn. Stat. § 429.081 and further
waives notice of hearing on this Agreement.
6. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of
the Parties' heirs, successors and assigns, and shall run with the land.
LANDOWNER:
Jo Ellen braham
3
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Paul A. Abraham
CIT,,. !. EAGAN:
By: Mike Maguire
Its: Mayor
Its: City Clerk
// 4 L4
By: Christina M. Scipioni
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
Jo Ellen Abraham and Paul A. Abraham, wife and husband.
ti
JEANETTE ANN JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2015
0
0
0
STATE OF MINNESOTA )
) SS.
1
The foregoing instrument was acknowledged before me this 1 day of Jul 011 b
Y July � by
Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the municipal corporation.
COUNTY OF DAKOTA
APPROVED AS TO FORM:
Attorneys
Cit
D
Public Works Department
Dated: 7 %2 ///
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147 Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432 -3136
(Project 1033)
(KJP: 206 - 29976)
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Pte
Noy Public
day of July 2011, by
ti
MARY L O'BRIEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2015
Exhibit "A"
TRACT A: THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 26, TOWNSHIP
27, RANGE 23, EXCEPT THE EAST 330.0 FEET AND EXCEPT THE WEST 660.0 FEET
AND EXCEPT THE NORTH 675.0 FEET THEREOF AND EXCEPT THAT PART LYING
SOUTH OF THE CENTER LINE OF CLIFF ROAD, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY THEREOF AND SITUATE IN DAKOTA COUNTY,
MINNESOTA.
TRACT B: THE NORTH 675.0 FEET OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4
OF SECTION 26, TOWNSHIP 27, RANGE 23, EXCEPT THE WEST 660.0 FEET THEREOF,
AND ALSO EXCEPT THE EAST 330.0 FEET THEREOF, TOGETHER WITH A ROAD
EASEMENT OF THE LAND DESCRIBED AS FOLLOWS: THE WEST 30.0 FEET OF THE
EAST 360.0 FEET OF THAT PART OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST % OF
SECTION 26, TOWNSHIP 27, RANGE 23, LYING NORTHERLY OF THE CENTER LINE
OF CLIFF ROAD; EXCEPT THE NORTH 675.0 FEET THEREOF, ACCORDING TO THE
UNITED STATES GOVERNMENT SURVEY THEREOF AND SITUATE IN DAKOTA
COUNTY, MINNESOTA.
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