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635 Lone Oak Rd - Special Assessments ATTACHMENT "B" City Project No.: 952 Council Date: 05-05-09 Fee: $150 Date Paid: - 2 - 0'i Receipt Number: 150625 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN MN 55122 REALLOCATION OF SPECIAL ASSESSMENTS APPLICATION Applicant: Eagan Heights LLC & Boulder Lakes III LLC Address: 500 Jackson Street, Suite 200 City: St. Paul State: MN Zip: 55101 Telephone: 651-406-8050 I. A. Applicants have the responsibility of checking with the Finance Department to discover if the assessments have been certified to the County Auditor. Reallocation of Special Assessments must be applied for prior to certification to the County. B. No application will be approved unless all of the following requirements have been complied with. II. Applicant's Requirements: Included <_Z 0'1 A. Submit the completed application and application fee ($150) to the Finance Department. 5-11-09 B. Submit written explanation of the reason for the request to reallocate the special assessments. 5-18-09 C. Submit written identification of the assessed property and a breakdown of the assessments against that parcel. C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx 5-18-09 D. Submit written identification of the additional properties upon which the assessments are being requested to be spread and the status of the assessments levied against those properties. Included E. Submit verification of the last published County Assessor's determination of market value for the property upon which the assessments are to be spread. 5-11-09 F. Submit an Attorneys' Title Opinion or a Commitment by a Title Company setting forth the names of all parties who have an interest in the property upon which the assessments are being requested to be spread to include all mortgages and other encumbrancers. Included G. Submit Consent to Reallocation of Assessments and Waiver of Public Hearing and Right to Object executed by owners and encumbrancers of the property upon which the assessments are being requested to be spread. 5-05-09 H. Attend all City Council meetings and other meetings pertaining to the application. III. Schedule: A. Once the application, fee and all required documentation have been accepted by City staff, it will be scheduled for a public meeting at the next available City Council meeting. B. After City Council review and its finding that the reallocation of the assessments as requested by the applicant would not adversely impact the City's ability to collect the assessments and adoption of Resolution, an Agreement to Reallocate Special Assessments will be forwarded to the County Assessor and the County Recorder. The undersigned hereby acknowledges and accepts the s nsib' ' to keep informed of the progress of this application and to comply with all of th a cant's re uirements listed above. Dated: June 2, 2009 Applicant: Subscribed and sworn to before me this day of June, 2009. KAREN JRYAN N ary P Notary Public fific Minnesota My Comm. Expires Jan 31, 2010 C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx CHECKLIST: ? & s 2-cq A. Application, Fee Received and Approved by City Staff. 6l-c~ B. Written Explanation of the Reason for the Request to Reallocate the Special Assessments Received and Approved by City Staff. (o - 2 - O ? C. Written Identification of the Assessed Property and Breakdown of the Assessments against that Parcel Received and Approved by City Staff. -2- o `l D. Written Identification of the Additional Properties upon which the Assessments are Requested to be Spread and Status of Assessments Levied against those Properties Received and Approved by City Staff. --2 i)` E. Verification of Last Published County Assessors Determination of Market Value for Property upon which Assessments are to be Spread Received and Approved by City Staff. F. Attorneys' Title Opinion or a Commitment by a Title Company setting forth the Names of All Parties who have an Interest in the Property upon which the Assessments are being requested to be spread to include all Mortgagees and other Encumbrancers. -2 -Oq G. Consent to Reallocation of Assessments and Waiver of Public Hearing and Right to Object executed by Owners and Encumbrancers of the Property upon which the Assessments are being requested to be Spread, Received and Approved by City Staff. V 6-2.0q H. City Council Review and Adoption of Resolution Authorizing Reallocation of Special Assessments. 1. Agreement Reallocating Special Assessments filed with County Assessor. J. Agreement Reallocating Special Assessments filed with County Recorder. C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx CONSENT TO REALLOCATION OF SPECIAL ASSESSMENTS I declare that I am the managing member of the ownership entity of the following described property and hereby consent to the Reallocation of Special Assessments to said property as follows: PROPERTY DESCRIPTION: See attached revised final assessment roll (Exhibit B). REALLOCATED ASSESSMENT DESCRIPTION: See attached revised final assessment roll (Exhibit B). DATED this 2 do day of June, 2009. Eagan Heights LLC ak LLC By: IS. a By: ler Its: President Boulder Lakes III LLC By: IP Lon ak LLC Its By: &rigor ill Its: President C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx WAIVER OF PUBLIC HEARING AND RIGHT TO OBJECT TO REALLOCATION OF SPECIAL ASSESSMENTS I declare that I am the managing member of the ownership entity of the following described property and hereby waive notice of any and all hearings necessary and waive objection to any technical defects and any proceedings related to the special assessments and further waive the right to object to or appeal from the allocation and levy of the assessments made in connection with the reallocation of special assessments: PROPERTY DESCRIPTION: See attached revised final assessment roll (Exhibit B). REALLOCATED ASSESSMENT DESCRIPTION: See attached revised final assessment roll (Exhibit B). DATED this day of June, 2009 Eagan Heigh LLC By: IP Lon Oak LLC Its a er By: ZZ rego S. iller Its: President Boulder Lak s III LLC By: IP Lon Oak LLC Its a er g By:. X1 el re S. filler Its: President C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob road in said City of May 5, , 2009, at 6:30 p.m. The following members were present: Maguire, Tilley, Fields, Hansen and Bakken; the following members were absent: none. Councilmember Bakken introduced the following resolution and moved its adoption: CITY OF EAGAN RESOLUTION AUTHORIZING REALLOCATION OF SPECIAL ASSESMENTS PROJECT NO. WHEREAS, the City Council on April 7 , 2009, formally received a final assessment roll and scheduled a formal public hearing to be held on May 5 , 2009; and WHEREAS, the City Council on May 5 , 2009, approved the final assessment roll for Project No. 952, and WHEREAS, the managing member of the ownership entity of the property requested that the financial obligations for certain property be reallocated. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA: 1. That the Reallocation of the Assessments as requested by the applicant would not adversely impact the City's ability to collect the assessments. 2. That the assessments now levied against all lots and outlots within the Boulder Lakes Addition be reallocated in accordance with the attached revised assessment roll (Exhibit B). 1.19 12 DATED this _ day of May , 2009. CITY OF EAGAN By: M 4"t~ Mike Maguire Its Mayor C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx ATTEST: BY: Maria Petersen Its City Clerk The motion for the adoption for the foregoing resolution was duly seconded by Mayor Maguire and upon vote being taken thereof, the following voted in favor: Maguire, Tilley, Fields, Hansen and Bakken; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx AGREEMENT AUTHORIZING REALLOCATION OF SPECIAL ASSESSMENTS AND WAIVER OF HEARING THIS AGREEMENT is entered into this 71' ° day of June, 2009. WHEREAS, Eagan Heights LLC & Boulder Lakes III LLC, submitted an application to the CITY OF EAGAN requesting that the City reallocate certain levied assessments which are assessed against the following described property: and WHEREAS, the present levied assessments against said property are as follows: See attached Exhibit A. and WHEREAS, by Resolution of the Eagan City Council approved on May 5, 2009, the City of Eagan has agreed to reallocate the above described levied assessments to the following described property in the following manner: NOW THEREFORE, it is hereby agreed as follows: 1. Upon the filing of this Agreement with the Dakota County Assessor and the Dakota County Recorder, the above described assessments shall be reallocated and assessed as follows: See attached Exhibit B 2. Eagan Heights LLC & Boulder Lakes III LLC, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of the assessments and further hereby waive notice of any and all hearings necessary and waive objection to any technical defects and any proceedings related to the assessments and further waive the right to object to or appeal from the allocation and levy of the assessments made to this agreement. C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx Eagan Heights LLC By: IP Lone 0 LC Its:M r By: Gr or S. ill Its: President Boulder Lak III LLC By: IP Lone LLC Its: r By: G gory ler Its: President C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of June 2009, by Gregory S. Miller, President of IP Lone Oak LLC, a Delaware limited liability company, on behalf of the company. KARENJRYAN i Notary Pubic Minnesota 1 . My Comm. Expires Jan 31, 2010 Notar ubli r STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) APPROVED AS TO FORM: City ttorri y lice Da APPROVED AS TO CONTENT: P t lic Works Department Date: 0 - 3 - Pq THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY, MOLENDA PA 7300 W 147TH ST STE 600 APPLE VALLEY MN 55124-7538 C:\Documents and Settings\mmiller\Desktop\Reallocation of SA Application - Boulder Lakes.docx E N m,6 ~Nom0 .mi Q N C N 100 00 0 M Q Q ti .n ~ t A N N N N V/ N O H U! c-I W 'D N W O 1 p N W H C N 0 0 0 0 N J O N a M N N M V1 N E m m V o r OD u1 V) m N M O W w OD V t w 0 00 N r - x N S 0 00 000 00 000 N^ co N e-I .n tD N of N M l0 N <Y m m y} F V} W lA V? VT N a t0 n Ol A $ O .Ni O m o 00 ` O 1pn 00 O 00 Lrl N m m N d N A N , . l M in N VT i/* V? V? l? 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