975 Cliff Rd - Assessment & Deferment Agreement 2813878\6(
(the "Property ").
Receipt#: 160810
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
ASSESSMENT AND DEFERMENT AGREEMENT
2813878
Recorded on 8/10/2011 09:00:02AM
By DDW, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
s r
This Assessment and Deferment Agreement ( "Agreement ") is made this / day of
July 2011, by and between Millicent M. Johnson, a single individual, (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:
East 330 feet of the Southeast one - quarter (SE '4) of the Southwest one - quarter
(SW 'A) of Section 26, Township 27 North, Range 23 West, in the City of Eagan.
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 $26,702.80 for 9.64 net assessable acres.
Rate
Net Area Total
(Acre) Assessment
$2,770 9.64 $26,702.80
(the "Assessment ").
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 "), desires to make an immediate prepayment of $377.80 towards the remaining
portion, and has requested that the City defer that portion of the Assessment above the
Immediate Assessment and prepayment amount, consisting of $25,000.00 (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, accept the
prepayment, 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 26,702.80.
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 $25,000.00
(reflecting a prepayment of $377.80) 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 ($25,000.00) and the totals of those amounts shall become the "Principal
2
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 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 any
remaining portion of 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.
CITY O. EAGAN:
By: Mike Ma
Its: Mayor
By: Christina M. Scipioni
Its: City Clerk
3
STATE OF MINNESOTA )
)SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 5-6 day of July 2011, by
Millicent M. Johnson, a single individual.
JEANETTE ANN JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2(315
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this / day of 4.vtly 2011, 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.
APPROVED AS TO FORM:
s i
jut „.„— itiV„Lt
te
Public Works Department
Dated: 7 j -i/
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)
4
y Public
ti
F "; a MARY L O'BRiEN
NOTARY PUEUC -MINNESOTA
ti K My Commission Expires aft 31, 2015