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2850 Bridgeview Ter ASSESSMENT DEFERRAL AGREEMENT This Assessment Deferral Agreement ("AgreemeuY') is made this,;7-0 day of 1999, by and between MICHAEL SULLIVAN and MARGARET M. SULLIVAN, h sband d wife, (hereinafter "Landowners"), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") (hereinafter collectively refened to as the "Parties"). WHEREAS, Landowners are the fee owners of unimproved property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as: Lot 1, Block 2, Delosh Addition (hereinafter the "Property"). WHEREAS, as part of Public Improvement Project No. 663R (hereinafter the "Project"), the Property was assessed for the following: Improvement Amount Storm Sewer Trunk Charges 2 400.0 TOTAL: $2,400.00 (hereinaftex the "Assessment"); WHEREAS, the Landowners request that the City defer the Assessment until the Property is developed and connected to City sewer and water services; and WHEREAS, the City is willing to defer the Assessment as requested by Landowners all upon fhe terms and conditions contained herein. NOW, "I'IIEREFORE; in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby aclaiowledged, the Parties do hereby agree as follows: 1. The Assessment shall be deferred and said deferment sha11 end if the Property is developed and connects to city sewer and/or water services or uirtil December 31, 2028, whichever occurs first. Then the Assessment shall be immediately payable. The Landowners hereby waive their right to object or appeal the Assessment pursuant to Minn. Stat. §429.081 and further waive notice of hearing on this Agreement. This Agreement shall be binding upon and inure to the benefit of the Pazties' heirs, successors and assigns and shall run with the land. Michael Sulliv ??w [????dLPiUC?LL-d7C sZ? Margar M. Sullivan Its: Mayor By: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Of Vday of 1999, by Michael Sullivan and Margaret M. Sullivan, husband and wife. ------------ d•w. KATHLEEN HOLIDAY Notary Public 'I NOTARY PUYLIC. MINNESOTA MY COMMISSION EXPIRES •.,..? JANUARY 31, 4000 Patricia E. Awada STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /7FLday of ua.t 1999, by Patricia E. Awada and E. J. VanOverbeke, the Mayor and Clerk of the Ci of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ?? '"? JUDY M. JENKINS y >. ;? NOTNiY PU6LIGMINNESOTA MyCOmmissionF7?UesJao.31,2005 - yr)• Nota?y' u lic APPROVED AS TO FORM: IZ..Jh- ,?-• ?x?.?? City Attorney's Office Dated: -71ul5q APPROVED AS TO CONTENT: ? Public Works Departme Dated: 8z3 zat`l THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147Th Street, Suite 600 Apple Valley MN 55124 (612) 432-3136 (RBB/lanw #206-14522) Project #663