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4900 Dodd Rd - Assessments 7-'-` tR r? ex, SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonshel don. coin TO: Russ Matthys, City Engineer FROM: Robert B. Bauer, City Attorney/ / DATE: July 2, 2009 RE: Assessment Deferral Agreements Project 905R I 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. Schwanz and De orah J. Schwanz, dated May 20, 2009 and recorded with the Dakota C unty Recorder on June 23, 2009 as Document No. 2666193; 2. Charles Borash and Linda orash, dated May 21, 2009 and recorded with the Dakota County corder ' on June 23, 2009 as Document No. 2666194; 3 Wayne M. Schwanz 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. Receipt: 52031 2666195 ABSTRACT FEE $46.00 11111111111111111111 Recorded on: 6/2312009 09:00:04AM 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 aNe day of ie. , 2009, by and between Wayne M. Schwarz and Deborah J. Schwanz, 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, I4 County of Dakota, State of Minnesota and legally described as: Lot 1, Block 1, Sky View, 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 $ 6,659.70 Trunk Area Water Main $ 7,025.00 Lateral Sanitary Sewer $10,923.80 Lateral Water Main $11,039.60 TOTAL $35,648.10 (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. WAVER. 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. 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. Wayne M. S wanz Deborah J. Schwan CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Aa- (C F;?, Maria Petersen Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ;Po day of 2009, by Wayne M. Schwan and Deborah J. Schwarz, husband and wife. LINDA MARIE DRALLE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31.2010 Notary Public Page 4/ASSESSMENT DEFERRAL AGREEMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2 No day of e. , 2009, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eaga , a Minnesota municipal corporation, on behalf of the municipal corporation. 0 o Pu is APPROVED AS TO FORM: f'JUDYM.JES' NOTARYPUBUC- My Commission Exgn . 31, 2010 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) ublic Works Department Dated: L -a --O ? 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. Prol 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. iL? • 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 'Wj` (or new? Per City Attorney's direction) Waiver of Assessment Agreement. The assessment can be allocated in ari 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). 1 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. (7- . (`l - i -yew- j V-/6_Ck lQ??`• Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be executed by June 4, 2009. This will require an informational notice to this effect be sent out in the next week. ?tL7? a- - GYatJfc /wlat ?. f 5Jt r r i? .5 i,?j' C1??v rte, o?, ?' ?n¢.?'"?>7 S L4 Prom 951 (So Dodd Rd) / 1 l • 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. Vas,- • Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be executed by June 4_,?200?9A. This will require an informational notice to this effect be sent out in the next week. t v"?1 c- / ' iCt J F ? J^t g?rr'?'1 ?? S ,/ '"i ?1 ?, ?' e q ic??'rn a- Ys Pro' 905R (Lebanon Hills/Lone Acres) • 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). a?'?s?t Un?S 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 ~oa SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET ts~ l+ APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136--;f TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com k-4, TO: Russ Matthys, City Engineer FROM: Robert B. Bauer, City Attorneys' DATE: July 2, 2009 RE: Assessmn Deferral Agreements roject905R 45,'f r File- . 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 2666193 ABSTRACT FEE $46.00 Recorded on: 6/23/2009 09:00:02AM 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 o)D day of 2009, by and between Wayne M. Schwanz and Deborah J. Schwarz, 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: Lot 1, Block 1, SkyView, according to the recorded plat thereof. (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 Sixteen Thousand Four Hundred Thirty-seven and 80/ 100 Dollars ($16,437.80) (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: I 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. Wayne M. chwanz Deborah ~JSchw CITY OF EAGAN: By: a - /*a -0 Mike Maguire Its: Mayor By: _ Maria Petersen Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2 day of 2009, by Wayne M. Schwanz and Deborah J. Schwanz, husband and wife. LINDA MARIE DRALLE NOTARY PUBLIC . MINNESOTA Notary Public My Commission Expires Jan. 31, 2010 Page 4/ASSESSMENT DEFERRAL AGREEMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this aDt< day of , 2009, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eag , a Minnesota municipal corporation, on behalf of the municipal corporation. JUDY M. JE NKINS NOTARY PUBLIC - MINNESOTA My Commission Expin es Jan. 31, 2010 N tart' P bllc APPROVED AS TO FORM: City Attorney' ff e Dated: cw Public Works Departm 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 0" have their assessment spread over 20 years at 6.0%. There was NO deferment option provided to them...just a .o ar longer spread. • 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 -W f updated title search at developer's cost. CA to guide this process and agreement preparation/recording). CP'1 I • 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. )2 - •k, zo(q _yQ ' j uJo~i /c Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be executed by June 4, 2009. This will require an informational notice to this effect be sent out in the next week. {zy1 Cr i i'ia ' i7,F .7rL r .s wl' 1~.c f v rr~, ~n c ~n~rt m~~if S 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 4 2009. This will require an informational notice to this effect be sent out in the next week. J y t4 Oi" ~'~r!' . S (~/'~.T`+'-r~~10~l c2~il' ~'`j~a2 i7 ' Proi 905R (Lebanon Hills/Long Acres) • 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). ~xyrr.~t~., ""~5 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 May 4, 2009 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Subject: 4900 Dodd Road Dear Mayor and Council, I am the owner of'the property located at 4900 Dodd Road that is included in the assessments for the sewer and water for Eagan Project #951. The property is platted as Lot 1, Block 1, of Skyview Addition.. This project was necessary for the development ofthe property to the south of'me now known as Dodd Parkside Development. At the time, the developer requested an extension of the utilities to his property and I had requested that my property not be included into the assessment role until at the time my property would develop I would like to request that the City Council assess my property on equivalent of the buildable lots that could be developed in the future and not by the front footages currently proposed I have a good well and septic on my land and have no need at this time for use of the utilities that were constructed in front of my property to serve the adjacent development. Therefore, I am requesting that my assessments be deferred for 10 years without interest to be paid at the time of subdivision or development of'my property. Thank you for your consideration of my request. Sincerely, Wayne Schwan 4900 Dodd Road Eagan MN 55123