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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 C:~Documenu and Settings\mmiller~Desktop~Reallocation of SA Appllcation - Boulder Lakes.docx . 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. C:~Documen~s and Settings\mmiller~DesktoplReallocation of SA Applicatlon - Boulder Lakes.docx f 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 c:1Do~umenu ar,a seningsm,miuer~Desktoputeat~o~arioa of SA Application - Boulder Lakes.docx 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 C:1Doc~ments ar,a senings~mmiuer~nesktoPUteauocaz~on of SA Application - Boulder Lakes.docx 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 c:~Documents ana settiags~mmiuer~nesktop~iteauocation of SA Application - Boulder Lakes.docx 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. C:~Documenu and Settings~mmiller~Desktopllteallocation of SA Appllcatl0ri - B0111dei L31C0S.dOCx , 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. C:~Documents and SettingsUnmiller~DesktoplReallocation of SA Application - Boulder Lakes.docx 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 C:1Documents and Settings~nmiller~Desk[oplReallocazioa of SA Applicatlon - BoUldel' L3~CeS.doCX 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[ C:~Ommmlf ~ntlS~l~Iryi~mmAk~~1001 #~~Inp\T[m~ArylMeTe( fll[SKontlnLW1100k\Yfli]9FB2\EXXIWT B fln~l NuumeM Pdl Boultl~~ Lk~-PEV Tum Lm~. pme{Qessm[DbIN W IIOn