505 Shanahan Way
' S D~ Sha ~a f~4~ C~~
ATTACHMENT "B"
City Project No.: 952
Council Date: 05-OS-09
Fee: $150
Date Paid: (v - 2 - D9
Receipt Number: 1505~~
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: 651-406-805 0
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. ApplicanYs Requirements:
Included A. Submit the completed application and application fee ($150) to the
Finance Depaztment.
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 properiy and a
breakdown of the assessments against that pazcel.
C:1Documents and Settings~nmiller~Desk[op~Reallocazion of SA App11c2t10R - BOUldei L31CCS.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.
S-OS-09 H. Attend all City Council meetings and other meetings pertaining to
the application.
III. Schedule:
A. Once the application, fee and all required docutnentation 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 forwazded to the County Assessor and the County Recorder.
The undersigied hereby acknowledges and accepts the nsi to keep informed of the
progress of this application and to comply with all of th canYs r uirements listed above.
Dated: June 2, 2009 Applicant:
I
Subscribed and sworn to before me this i~'~ day of Iune, 2009.
,
%~L/C.~ r v ,l
s•••c~ ILARENJRYAN , aTY
g r+owry a~nuo P, ic
Minnesala
My Coma E~hes Jan 3t. Tp10
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CHECKLIST:
? 6° Z-oh A. Application, Fee Received and Approved by City Staff.
ll~09 B. Written Explanation of the Reason for the Request to Reallocate
the Special Assessments Received and Approved by City Staff.
r/ lo - 2~ D i C. Written Identification of the Assessed Property and Breakdown of
the Assessments against that Parcel Received and Approved by
City Staff.
?(p - 2- D`~ 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.
? G~ -2'0~ E. Verification of Last Published County Assessors Determination of
Market Value for Properiy upon which Assessments are to be
Spread ,Received and Approved by City Staff.
?~-I/-D9 F. Attomeys' Tide 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 aze being requested to be
spread to include all Mortgagees and other Encumbrancers.
? G- 2-~ q 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.
?(r -z -oR H. City Council Review and Adoption of Resolution Authorizing
Reallocation of Special Assessments.
I. 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
properiy as follows:
PROPERTY DE3CRIPTION:
See attached revised final assessment roll (Eachibit B).
REALLOCATED ASSESSMENT DESCRIPTION:
See attached revised final assessment roll (E~chibit B).
DATED this 2 ND day of June, 2009.
Eagan Heights LLC
By: IP Lon ak LLC
I . a
r
By:
re ory S. ler
Its: President
Boulder Lakes III LLC
By: IP Lon ak LLC
Its•
By:
Gr or ill
Its: President
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WAIVER OF PUBLIC HEARING AND RIGHT TO OBJECT
TO REALLOCATION OF SPECIAL ASSESSMENTS
I declaze thaf I am the managing member of the ownership entity of the following
described property and hereby waive notice of any and all heazings necessazy and waive
objection to any technical defects and any proceedings related to the special assessments and
furkher waive the right to ohject 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 (E~ibit B).
DATED this aµ° day of June, 2009
Eagan Heigh LLC
By: IP Lon Oak LLC
Its a r
By:
rego S. iller
Its: President
Soulder La s III LLC
By: IP Lo Oak LLC
Its ager
By: ~
e S. iller
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 presenr 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.
WAEREAS, the City Council on Arori17 , 2009, formally
received a final assessment roll and scheduled a formal public hearing to be held on
Mav 5 , 2009; and
WFIEREAS, the City Council on Mav 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 fmancial 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).
DATED this ~ day of ~ a~ , 2009.
CITY OF EAGAN
By: ~'~'a~-~
Mike Maguire
Its Mayor
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ATTEST:
By: l~'~~.. a ~ti~
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 declazed duly passed and adopted and was signed by
the Mayor and his signature attested by the City Clerk.
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I
AGREEMENT AUTHORIZING REALLOCATION
OF SPECIAL ASSESSMENTS AND WAIVER OF HEARING
THIS AGREEMENT is entered into this Z~' ° 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 aze
assessed against the following described property:
and
WHEREAS, the present levied assessments against said properiy aze as follows:
See attached E~ibit 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 Eachibit 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 O LC
Its:M r
By: ~
Gr o S. ill
Its: President
Boulder Lak III LLC
By: IP Lone LLC
Its:
By:
gory . ler
Its: President
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STATE OF MINNESOTA )
: ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this L~''~~ day of June 2009, by
Gregory S. Miller, President of IP Lone Oak LLC, a Delaware limited liability company, on
behalf of the company.
'~,a„'••..9 KARENJRYAN ~
N°tary PWk n I
~3~ Atlm~esata
My Comm. Espirn Jsn 31. 2070 No ubli
STATE OF MINNESOTA )
: ss.
COUNTY OF DAKOTA )
APPROVED AS TO FORM:
~
City ttorney' ice
Da : ,ir.Ci
APPROVED AS TO CONTENT:
C~~:~~~
P lic Works Department
Date: ~ - 3 - ~q
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY, MOLENDA PA
7300 W 147T" ST STE 600
APPLE VALLEY MN 55124-7538
c:lDocuments arid seningsUnmiller~DesktoplRealtocatioa of SA Application - Boulder Lakes.docx
EXHIBIT A- Final Assesament Roll
Boulder Wkes Street and Utlliry Improvements
City Projact 952
Par<el Address Frantege Area Assessment
Ames Commerical Turn Lane Trunk lateral
LoneOak Crossing GrossArea NetArea Sdea[& ImprovemeMf Sanitary Sanftary TrunkWater LataralWa[er TrunkStorm Wtoral
6oulderlakes• Road Road Uralne e loneOakRoad Sewer Sewer Maln Main Sewer SwrmSewer ToWlAssessment
W mp Sum ~X af ~
(ft) ~k~ (sqR) (sqk) ~}rontft~ Fronroge) (acre~ (hontfq (a<re) (frontk) ~sak) (~rontk~
$272.97 $266,035.11 $1370•00 $33.92 Sz,soo $36.00 50.163 $4230
10-14750-010-01 3DDOAmesCrosting 429 719 520,584 378,175 $196,265 $75,833 $20,5]6 $24.394 $21,704 $25,890.12 561,642.53 0 $426,305
10-14750-020-01 SOSShanahanWay 0 0 186,518 158,310 0 $8.613 $0 $9,086 So.oo $25,604.53 0 $43,504
30-1a750-010.02 2999Amesfrossmg 542 680 286,299 286,299 5165,620 $95,808 $15,577 523,066 $16,431 538,580.48 5a6,666.74 0 $421,749
10~14750~Ot0~Ot 6351one Oak Rd 534 0 201,715 201,715 0 $94,394 $30,915 $0 $11,577 519,235.52 $32,879.55 D 5169,061
10~14750-010-00 OutlotA 0 981 210,290 210,290 NA $11,441 $33,283 $12,069 535,323.92 $34,27717 $41,505.61 5167,900
10.1075U-020•00 OudotB 0 796 1,883,244 777,687 NA $42,312 $27,000 $94,633 $28,656.00 $126,763.05 $33,670.80 5303,035
To[al 1,505 3,176 3,286,650 ;012,476 $381,805 $366,035 $109,494 $307,743 $115,500 $147,696 $328,039 $75,176 $1,531,553
• Speclal Assessmentt guaranteed wlth walver agreement under
eoulder Lakes development agreement
C:Wxumenli~nE $eN~p~TMI<f~LmIAWM~~Tn^ W~^~YlMell~llFlllI~CMIMGQIWM~YRiZ9F8I~EXXIBIiR-Ilntl FunfmmtPO119wMN Lb
EXHIBIT 8- Final Assessment Roll (REV Turn Lanel Ames Crossing Dfstrl6utlon)
Boulder Lakes Street and Utility Improvements
City Project 952
Par<el Address Frontage Area AxSessment
Ames Commerlcol TumLane Trunk Lateral
LaneOak Crossing GrossArea NMArea Street& Improvements Sanitary SanlWry TrunkWater~aceralWater TrunkStorm Wteral
BoulderWkes• Road Road Ofalnae LoneOOkROOd Sewer Sewer Main Mein Sewer StormSewer ToWlAssessment
(R) ~ft) (sqh~ ~sqft) NttsqJf/ Nets (acre~ hontk (acre (frontft) s ft) (frontR
. SO.I898 50.13I $3•370.0~ $33.93 $2.500 $36.00 $0.163 $92.30
~ 30-14750.010-01 3000AmetCrmsing q29 719 520,584 378,175 571,778 549,919 $20,576 $24,394 521,704 535,890.12 $61,642.53 0 $275,903
10-1475~~020-01 SOSShanahanWay 0 0 186,518 158,310 530,047 520,897 $8,613 50 59,086 50.00 SZ5,804.53 0 594,446
30-14750.010-03 2999AmetCrossing 542 680 2g6,299 286,299 $54,340 537,791 $15,577 $23,066 $16,431 $38,SBO.q8 $46,666.74 0 $232.452
10-14750-030.02 635LOne0ak0.A 534 0 201,715 201,715 538,286 515626 $10,975 $0 $11,577 $19,235.52 $32,879.55 0 $139,579
30-19750-010.00 OutblA 0 981 210,290 210,290 SO 517,758 $11,441 533,283 $12,069 535,323.92 $3a,277.27 $41,505.61 $195,658
10.14750-020.00 OuGotB 0 796 1,883,2qq 777,66] 5187,518 $102,655 $42,312 527,000 $44,633 528,656.00 $126,763.05 533,6]0.80 $593,208
Total I,505 3,176 3,288,650 2,012,476 f381,885 5165,647 $109,490 $307,793 5115,500 $147,686 $328,039 $75,176 51,531,248
"Spe<lal pssessments guaranteed wRh walver agreement under
Boulder Wkes developmenc agreemen[
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