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540 Lone Oak Rd - Assessment Deferral Agreements I - f/jjj} J11) jjJJ§§ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. ('reap F SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com TO: John Gorder, Assistant City Engineer FROM: Robert B. Bauer, City Attorney A/_ DATE: July 2, 2009 RE: Assessment Deferral Agreements Project 952 Our File No. 206-26644 John, Enclosed for the City's records, please find the following original Assessment Deferral Agreements regarding the above-referenced matter: 1. Jeremy J. Illg and Kelly Illg, dated June 4, 2009 and recorded with the Dakota County Recorder on June 24, 2009 as Document No. 2666513; 2. John O. Nelson and Kim Renae Nelson, dated June 3, 2009 and recorded with the Dakota County Recorder on June 24, 2009 as Document No. 2666514; 3. Dale D. Heacock and Heidi L. Heacock, dated June 2, 2009 and recorded with the Dakota County Recorder on June 24, 2009 as Document No. 2666515; and 4. Kenneth W. West Jr. and Jill Wiedemann West, dated May 28, 2009 and recorded with the Dakota County Recorder on June 24, 2009 as Document No. 2666516. 2666513 Receipt#: 52217 ABSTRACT FEE $46.00 Recorded on: 6/24/2009 09:00:01AM By: DDW, Deputy Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET Joel T. Beckman County Recorder APP 600 Dakota County, MN APPLE VALLEY, MN 55124 ASSESSMENT DEFERRAL AGREEMENT This Assessment Deferral Agreement ("Agreement") is made this day of =1 G~ 2009, by and between Jeremy J. Illg and Kelly Illg, 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"). N 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 North 326.7 feet of the West 200 feet of the East % of the Northeast 1/4 of Section 12, Township 27, Range 23, according to the United States Government Survey thereof. (the "Property"). WHEREAS, as part of City Public Improvement Project 952 (hereinafter the "Project"), the City assessed the Property for the following improvements: Lateral Water Main $5,977.40 Trunk Area Water Main $1,200.00 TOTAL $7,177.40 (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 WIEREAS, 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. 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. 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. Jeremy. Ing Kel lg CITY OF EAGAN: 94 By: Mike Maguire Its: Mayor By: L! V Maria Petersen Its: Clerk STATE OF M NNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of J , 2009, by Jeremy J. Hlg and Ke lg, hush and wife. t 14dtary Public JOHN P. GORDER NOTARY PUBLIC - MINNESOTA Ny Co WASIM Expres Jan. 31, 2012 Page 4/ASSESSMENT DEFERRAL AGREEMENT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) ,The foregoing instrument was acknowledged before me this day of JL1 , 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 NKiNS NOTARY PUBLIC - MINNESOTA Ivty Commission Expia es Jan. 31, 2010 O try P lIC APPROVED AS TO FORM: Ci Attorney' ffi ated: ublic Works Department Dated: o? 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: 206-26644) 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. Prom 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 fiv 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 ~o longer spread. ) • While no Council action was deemed necessary, there was no objection to Matt's request to re-spread the turn ~~.1 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 ~Q Jv- a,- any desired proportion to any or all lots under control of the respective legal signatories (this may require an -h- updated title search at developer's cost. CA to guide this process and agreement preparation/recording). Coil 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. - .b : oiq 7716 k Written requests for a deferment must be received by May 22 and subsequent deferment agreements must be 'oh~`J yK,,fiS executed by June 4, 2009. This will require an informational notice to this effect be sent out in the next week. -~q P J( ~ ~ -S Lv/~' `.~r.~rtyt:Jn~' ctyJ:u~'uyr~~7fS Pro* 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. *6114 Ma r7 o.t ~~r'( y~S%-4-i S aV~' C T'. rr~1 1 / c2 YrP~~~ 2. i 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 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). IV/ GY~C~:.?s.yt a~-7.~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