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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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