1319 Raspberry Lane - Assessment Deferral Agreement
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
,t 7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580
(952) 432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauerr@seversonsheldon.com
TO: Russ Matthys, City Engineer
FROM: Robert B. Bauer, City Attorney/
DATE: July 2, 2009
RE: Asses eferral Agreements
Pr ject 905R S l
r > e ` o. 206-28146
Enclosed for the City's records, please find the following original Assessment Deferral
Agreements regarding the above-referenced matter:
1. Wayne M. Schwanz and Deborah J. Schwanz, dated May 20, 2009 and
recorded with the Dakota County Recorder on June 23, 2009 as
Document No. 2666193;
2. Charles Borash and Linda Borash, dated May 21, 2009 and recorded with
the Dakota County Recorder on June 23, 2009 as Document No.
2666194;
3. Wayne M. Schwanz and Deborah J. Schwan, dated June 2, 2009 and
recorded with the Dakota County Recorder on June 23, 2009 as
Document No. 2666195; and
4. Charles Borash and Linda Borash, dated June 3, 2009 and recorded with
the Dakota County Recorder on June 23, 2009 as Document No.
2666196.
Receipt#: 52031 2666194
ABSTRACT FEE $46.00
Recorded on: 6/23/2009 09:00:03AM
By: TMC, Deputy
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 WEST 147TH STREET
STE 600 Joel T. Beckman County Recorder
APPLE VALLEY, MN 55124 Dakota County, MN
ASSESSMENT DEFERRAL AGREEMENT
This Assessment Deferral Agreement ("Agreement") is made this 2k f day of ijl
2009, by and between Charles Borash and Linda Borash, husband and wife, (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:
The South 100 feet of Lot Three (3); and all of Lot Four (4), Block Three (3),
Dodd View Addition.
(the "Property").
WHEREAS, as part of City Public Improvement Project 905R (hereinafter the "Project"),
the City assessed the Property for storm sewer trunk improvements in the amount of Two
Thousand Five Hundred Eighty-five and 72/100 Dollars ($2,585.72) (the "Assessment").
WHEREAS, the Landowner has requested that the City defer the Assessment until the
Property is sold, subdivided or developed; and
WHEREAS, the City is willing to defer collection of the Assessment upon the terms and
conditions contained herein.
Page 2/ASSESSMENT DEFERRAL AGREEMENT
WHEREAS, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby agree
as follows:
1 DEFERRED ASSESSMENT. Pursuant to Minn. Stat. § 429.061, subd. 2, the
Parties agree that the payment of the first installment of the 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 Assessment shall become due and
payable. The Assessment shall bear interest at the rate of six percent (6%)
per annum as set forth in the assessment roll for the Project. When the
first installment of the Assessment becomes due and payable, interest
accrued on the Assessment from April 21, 2009, to December 31 of the
year that the first installment of the Assessment becomes due and payable
shall be added to the original principal amount of the assessment, and the
totals of those amounts shall become the "Principal Assessment Amounts
Payable." The Principal Assessment Amounts Payable shall be divided
for payment into fifteen 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 30 years after the levy of the Assessment.
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 Assessment and all interest thereon must be paid in full no
later than December 31, 2039. In the event the Assessment has not been
paid prior to December 31, 2019, the Principal Assessment Amounts
Payable shall be payable in 15 annual installments commencing January 1,
2020, together with interest thereon at the rate of six percent (6%) per
annum.
2. 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.
Page 3/ASSESSMENT DEFERRAL AGREEMENT
3. 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.
,
Charles Borash'
Linda Borash CITY OF EAGAN:
By:
Mike Maguire
Its: Mayor
By: ~~9- -
Maria Petersen
Its: Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
'yVl__ , 2009, by Charles Borash and Linda Borash, husband and wife.
.e, _NDA MARIE DRALLE v Va
i TARY PUBLIC - MINNESOTA
Notary Public
Jay Cornmission Expires Jan. 31, 2010
Page 4/ASSESSMENT DEFERRAL AGREEMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this f s f day of
2009, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City
of t, a Minnesota municipal corporation, on behalf of the municipal corporation.
11-4 10-1)iJt4l
Not P blic
APPROVED AS TO FORM:
C JUDY M. JE 7NVJNS
;Y PUBLIC • City Attorney's Office y , ssion Expin 10
Dated:
Public Works Departnt
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-28146)
John Gorder
From: Tom Colbert
Sent: Wednesday, May 06, 2009 10:25 AM
To: John Gorder; Russ Matthys; Mike Dougherty
Cc: Ryan Stevens; Gene VanOverbeke
Subject: Proj 951 (So. Dodd Rd) & 952 (Lone Oak Rd) & 905R (LHRP), 5-05-09 Council action
summary
Importance: High
Before I forget (which I would like to do sooner than later), I thought it would be helpful to forward to you the various
actions and directives from the public hearings last evening.
Proi 952 (Lone Oak Rd & Boulder Lakes)
Based on a request from Boulder Lakes Matt Miller (and an advisory by the City Attorney to include all similar
zoned property), all Commercial property (i.e. non agriculture or residential use) proposed to be assessed will
have their assessment spread over 20 years at 6.0%. There was NO deferment option provided to them...just a
longer spread.
V • While no Council action was deemed necessary, there was no objection to Matt's request to re-spread the turn
lane related assessments to whatever additional lots Matt selects. This will be accomplished via an amendment
(or new? Per City Attorney's direction) Waiver of Assessment Agreement. The assessment can be allocated in
any desired proportion to any or all lots under control of the respective legal signatories (this may require an
ay,
4`1 updated title search at developer's cost. CA to guide this process and agreement preparation/recording).
ce • All Ag/Res properties (i.e. non-C/I) are to be offered a deferment of 10 years at 6.0% with a subsequent spread
of 15 years @ 6.0%. Terms of the deferment for when the assessments will become due and payable are to
include sale and/or development of the property, but NOT connection. In other words, they can connect and still
keep the terms of the deferment in place (but must pay all related connections charges....WAC, permit fees,
etc.). This is NOT to be considered as a precedent or policy change, but rather consideration for their Special
Area (SA) "holding pattern" zoning designation. •!o aotq - i5--ie-- P--/o °Ck
L~~~`• Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be
fr.t' executed by June 4, 2009. This will require an informational notice to this effect be sent out in the next week.
(tL-~7.,ar- GYOU-fie i~T~ 7lv rf +~z.j ~lkfvrr~,an~ )nil.ly+11117JS
Proi 951 (So Dodd Rd)
• The interest rate for the adopted Final Assessment Role was reduced to 6.0%, the same as Proj 952. All
properties not covered by a development agreement waiver are to be offered a deferment of 10 years at the
new 6.0% rate with a subsequent spread of 15 years @ 6.0%. Terms of the deferment for when the assessments
will become due and payable are to include sale, development and/or connection.
• Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be
executed by June e 4,'~c"~ c, 2009. This will require an informationalnotice to this effect be sent out in the next week.
~np7s il - M42 0-l rr•CJ'ri'- te., s (/.C.T'"'~",.~.?-s'I C T x`r'1 a2s'17~.
6
Proi 905R (Lebanon Hills/Long Acres) / J
• Since this project was originally approved in 2007 within 2 months of Projects 951 & 952 (above) and their Final
Assessment hearings were only 2 weeks apart, the Council agreed that the assessment and deferment interest
rate should be the same for all 3. Subsequently, they took special action to reduce the interest rate from 6.5% to
6.0% and directed that a letter be sent to all property owners informing them of the rate reduction (in case it
might make a difference in their desire to request a deferment). "fe M47 V~ S~rv ~ r >Lr , t ~fi rfn
Please let me know if you have any questions and then place a copy of these details in the appropriate files for future
reference.
MGD....let me know if I've missed or misinterpreted anything.
1
J Zoe"" i
r
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
E S
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580 a' s
(952) 432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauerr@seversonsheldon.com
TO: Russ Matthys, City Engineer
FROM: Robert B. Bauer, City Attorneyy
DATE: July 2, 2009
RE: Assessment Deferral Agreements
Project 905R , 9S /
Our File No. 206-28146
Enclosed for the City's records, please find the following original Assessment Deferral
Agreements regarding the above-referenced matter:
1. Wayne M. Schwarz and Deborah J. Schwarz, dated May 20, 2009 and
recorded with the Dakota County Recorder on June 23, 2009 as
Document No.`2666193;
2. Charles Borah and''Linda Borash, dated May 21, 2009 and recorded with
the Dakota County Recorder on June 23, 2009 as Document No.
26661/;
3. Wayne M. Schwarz and Deborah J. Schwanz, dated June 2, 2009 and
recorded with the Dakota County Recorder on June 23, 2009 as
Document No. 2666195; and
4 Charles Borash and Linda Borash, dated June 3, 2009 and recorded with
the Dakota County Recorder on June 23, 2009 as Document No.
2666196.
G=
Receipt#: 52031 2666196
ABSTRACT FEE $46.00 111111111
Recorded on: 6/23/2009 09:00:05AM
By: TMC, Deputy
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 WEST 147TH STREET
STE 600 Joel T. Beckman County Recorder
APPLE VALLEY, MN 55124 Dakota County, MN
ASSESSMENT DEFERRAL AGREEMENT
This Assessment Deferral Agreement ("Agreement") is made this day of
Juti~ , 2009, by and between Charles Borash and Linda Borash, husband and
wife (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:
The South 100 feet of Lot Three (3); and all of Lot Four (4), Block Three (3),
Dodd View Addition, according to the recorded plat thereof.
(the "Property").
WHEREAS, as part of City Public Improvement Project 951 (hereinafter the "Project"),
the City assessed the Property for the following improvements:
Trunk Area Sanitary Sewer $1,327.20
Lateral Sanitary Sewer $2,830.00
TOTAL $4,157.20
(the "Assessment").
WHEREAS, the Landowner has requested that the City defer the Assessment until the
Property is sold, subdivided or developed; and
Page 2/ASSESSMENT DEFERRAL AGREEMENT
WHEREAS, the City is willing to defer collection of the Assessment upon the terms and
conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby agree as
follows:
1 DEFERRED ASSESSMENT. Pursuant to Minn. Stat. § 429.061, subd. 2, the
Parties agree that the payment of the first installment of the 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 Assessment shall become due and
payable. The Assessment shall bear interest at the rate of six percent (6%)
per annum as set forth in the assessment roll for the Project. When the
first installment of the Assessment becomes due and payable, interest
accrued on the Assessment from May 5, 2009, to December 31 of the year
that the first installment of the Assessment becomes due and payable shall
be added to the original principal amount of the assessment, and the totals
of those amounts shall become the "Principal Assessment Amounts
Payable." The Principal Assessment Amounts Payable shall be divided
for payment into fifteen 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 30 years after the levy of the Assessment.
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 Assessment and all interest thereon must be paid in full no
later than December 31, 2039. In the event the Assessment has not been
paid prior to December 31, 2019, the Principal Assessment Amounts
Payable shall be payable in 15 annual installments commencing January 1,
2020, together with interest thereon at the rate of six percent (6%) per
annum.
Page 3/ASSESSMENT DEFERRAL AGREEMENT
2. WAiyER. The Landowner hereby accepts the Assessment and hereby
waives the right to object or appeal the Assessment pursuant to MmN.
STAT. § 429.081 and further waives notice of hearing on this Agreement.
3. 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.
(q" j-
Charles Borash
da orash
CITY OF EAGAN:
44t6
By:
Mike Maguire
Its: Mayor
By: _ . vim A y-~
Maria Petersen
Its: Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2009, by Charles Borash and Linda Borash, husband and wife.
`yk LINDA MARIE
NOTANotary Public
My Co
Page 4/ASSESSMENT DEFERRAL AGREEMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
,-The foregoing instrument was acknowledged before me this day of
-3 2009, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City
of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
JUDY M. JE ZMINNIESOTA
NOTARY PUBLIC -
My Commission Expin 0
Lary Pu lic
APPR
OVED AS TO FORM:
City, ttorney's bffic~,-z,"
Dad:
Public Works Dep
Dated: Cp -S -o9
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-26262)
John Gorder
From: Tom Colbert
Sent: Wednesday, May 06, 2009 10:25 AM
To: John Gorder; Russ Matthys; Mike Dougherty
Cc: Ryan Stevens; Gene VanOverbeke
Subject: Proj 951 (So. Dodd Rd) & 952 (Lone Oak Rd) & 905R (LHRP), 5-05-09 Council action
summary
Importance: High
Before I forget (which I would like to do sooner than later), I thought it would be helpful to forward to you the various
actions and directives from the public hearings last evening.
Proi 952 (Lone Oak Rd & Boulder Lakes)
• Based on a request from Boulder Lakes Matt Miller (and an advisory by the City Attorney to include all similar
zoned property), all Commercial property (i.e. non agriculture or residential use) proposed to be assessed will
Iu'~ 1 have their assessment spread over 20 years at 6.0%. There was NO deferment option provided to them...just a
a ya,, longer spread.
K • While no Council action was deemed necessary, there was no objection to Matt's request to re-spread the turn
'V lane related assessments to whatever additional lots Matt selects. This will be accomplished via an amendment
(or new? Per City Attorney's direction) Waiver of Assessment Agreement. The assessment can be allocated in
any desired proportion to any or all lots under control of the respective legal signatories (this may require an
updated title search at developer's cost. CA to guide this process and agreement preparation/recording).
C All Ag/Res properties (i.e. non-C/I) are to be offered a deferment of 10 years at 6.0% with a subsequent spread
of 15 years @ 6.0%. Terms of the deferment for when the assessments will become due and payable are to
include sale and/or development of the property, but NOT connection. In other words, they can connect and still
keep the terms of the deferment in place (but must pay all related connections charges....WAC, permit fees,
etc.). This is NOT to be considered as a precedent or policy change, but rather consideration for their Special
Area (SA) "holding pattern" zoning designation. 27- 2o1'1 i -ye' j -"/6,(-k
Le~~• Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be
,,;t,) executed by June 4, 2009. This will require an informational notice to this effect be sent out in the next week.
la V11- - Gruah.. J F 1 1.5 Ls/' C f o -•n o~, ~ rf5
Proi 951 (So Dodd Rd)
• The interest rate for the adopted Final Assessment Role was reduced to 6.0%, the same as Proj 952. All
properties not covered by a development agreement waiver are to be offered a deferment of 10 years at the
new 6.0% rate with a subsequent spread of 15 years @ 6.0%. Terms of the deferment for when the assessments
will become due and payable are to include sale, development and/or connection.
• Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be
`7``lytt5 executed by June 4,2009.. This will require an informational notice to this effect be sent out in the next week.
14422 OF te S ,/'L~''^•'.r~.~14-,~'l.. c`er~I^+e t-1 s2,t 7~j'
Pro' 905R (Lebanon Hills/Long Acres) !
• Since this project was originally approved in 2007 within 2 months of Projects 951 & 952 (above) and their Final
F;,{10 Assessment hearings were only 2 weeks apart, the Council agreed that the assessment and deferment interest
rate should be the same for all 3. Subsequently, they took special action to reduce the interest rate from 6.5% to
6.0% and directed that a letter be sent to all property owners informing them of the rate reduction (in case it
might make a.difference in their desire to request a deferment). r/-
cx~pu,.,~ Uy~7c
Please let me know if you have any questions and then place a copy of these details in the appropriate files for future
reference.
MGD....let me know if I've missed or misinterpreted anything.
1