4280 Blackhawk Rd - Assessment Postponement AgreementReceipt#: 139364
ABSTRACT FEE $46.00
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SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
ASSESSMENT POSTPONEMENT AGREEMENT
2787534
I III 11111 iii
Recorded on: 2/23/2011 09:31:44AM
By: TMB, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
This Assessment Postponement Agreement ( "Agreement ") is made this Q{ day of
Lv O'N'ec- -0.-- , 2010, by and between Robert Lynn Richardson, an unmarried man (the
"Owner ") and the City of Eagan, a Minnesota municipal corporation, (the "City ") (collectively
referred to as the "Parties").
WHEREAS, the Owner is the fee title holder of real property located at 4280 Blackhawk
Road, Eagan, Minnesota, legally described as follows:
See Exhibit A attached hereto and incorporated herein
(the "Property "); and
WHEREAS, the current use of the Property is single- family residential; and
WHEREAS, the Property is designated as high- density residential in the City's
Comprehensive Guide Land Use Plan; and
WHEREAS, the City's special assessment policy provides for property to be assessed at
its highest and best use, which pursuant to the Comprehensive Guide Land Use Plan is high -
density residential; and
WHEREAS, the Owner has requested that the City postpone levying a portion of the
special assessment against the Property for City Public Improvement Project 1015, Blackhawk
Road Street Improvements, (the "Project ") until the Property is Developed for high- density
residential use, as provided herein; and
WHEREAS, the City is willing to postpone levying a portion of the assessment, subject
to 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
acknowledged, the Parties agree as follows:
1. Levied Assessment. The Parties agree that the City shall levy an assessment
against the Property for the Project, which assessment shall be calculated based on the current
Single- Family Assessment Rate of $6.21 per front foot multiplied by 136.67 front feet for a total
levied assessment of $848.72 (the "Levied Assessment "). The Levied Assessment shall be
payable over five (5) years together with interest at the rate of five percent (5 %) per annum on
the unpaid balance.
2. Postponed Assessment. The Parties agree that if and when the Property is
Developed, the Owner shall pay to the City an amount equal to 136.67 front feet multiplied by
the High- Density Assessment Rate then in effect for residential street overlay, less $848.72
(the "Postponed Assessment "). As used in this Agreement, the term "Developed" means issuance
of a grading permit, building permit or other consent from the City to allow for the improvement
of the Property for high- density residential use. If the Property is not Developed by
December 31, 2040, then the Postponed Assessment shall be null and void.
3. Waiver. The Owner hereby accepts the Levied Assessment and the Postponed
Assessment and hereby waives the right to object to or appeal the Levied Assessment or the
Postponed Assessment pursuant to Minnesota Statutes § 429.081, as amended from time to time,
and further waives notice of any hearing thereon.
4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties and their heirs, successors and assigns and shall run with the Property.
IN WITNESS WHEREOF, the Parties have executed this instrument.
Dated: \--(
Dated: Z7 � Ji' , 2010
CITY OF EAGAN
2
,2010 By: ,,„
Mike Maguire
Its: Mayor
Dated: 1x11 , 2010 By:
Maria Petersen
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF D PV--Cc
The foregoing instrument was acknowledged before me this ps 9 — day of
, 2010, by Robert Lynn Richardson, an unmarried man.
JEANETTE ANN JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2015
.: rl.. l./ Jl/,/ ll. /I./../J'..CJ 1I./✓^l./I../I.i'J
(l1
MINNESOTA �l\
STATE OF MINNESOTA
COUNTY OF DAKOTA
) ss.
The foregoing instrument was acknowledged before me this • , day of
l.C•Q�lYlY�_ , 2010, 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.
APPROVED AS TO FORM:
City Attorney's Office
Dated: 2(l-r(' 1/
lic Works Department
Dated: i (- 3d t u
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147 Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432 -3136
(MDK: 206 - 29068)
Notary Public
Dt
`111111 Y � �'
MARY L. O'BRIEN
NOTARY PUBLIC - MINNESOTA
My Oommissfon Expires Jam. 81, 2015
�l
EXHIBIT A
LEGAL DESCRIPTION
That part of the Northwest Quarter of the Northeast Quarter (NW% of NE %) of Section Twenty -
nine (29), Township Twenty -seven (27), Range Twenty -three (23), Dakota County, Minnesota,
PO described as follows: Commencing at the Northwest corner thereof; thence East along the North
1 line thereof 244.5 feet more or less to the center line of the Township Road running Southerly
i) T through said subdivision; thence Southerly along the center line of said road 920 feet to the point
-2 9 of beginning; thence Southerly along the center of said road 136 feet; thence East parallel to the
4. North line of said subdivision 160 feet; thence Northerly parallel to the center line of said road
q 136 feet; thence West parallel to the North line of said subdivision 160 feet to the point of
NY
n beginning.
t (PID NO. 10-02900-020-06)
ASSESSMENT POSTPONEMENT AGREEMENT
See Exhibit A attached hereto and incorporated herein
(the "Property "); and
WHEREAS, the current use of the Property is single - family residential; and
This Assessment Postponement Agreement ( "Agreement ") is made this 7' day of
ti; 2010, by and between Robert Lynn Richardson, an unmarried man (the
"Owner ") and the City of Eagan, a Minnesota municipal corporation, (the "City ") (collectively
referred to as the "Parties ").
WHEREAS, the Owner is the fee title holder of real property located at 4280 Blackhawk
Road, Eagan, Minnesota, legally described as follows:
WHEREAS, the Property is designated as high- density residential in the City's
Comprehensive Guide Land Use Plan; and
WHEREAS, the City's special assessment policy provides for property to be assessed at
its highest and best use, which pursuant to the Comprehensive Guide Land Use Plan is high -
density residential; and
WHEREAS, the Owner has requested that the City postpone levying a portion of the
special assessment against the Property for City Public Improvement Project 1015, Blackhawk
Road Street Improvements, (the "Project ") until the Property is Developed for high- density
residential use, as provided herein; and
WHEREAS, the City is willing to postpone levying a portion of the assessment, subject
to 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
acknowledged, the Parties agree as follows:
1. Levied Assessment. The Parties agree that the City shall levy an assessment
against the Property for the Project, which assessment shall be calculated based on the current
Single - Family Assessment Rate of $6.21 per front foot multiplied by 136.67 front feet for a total
levied assessment of $848.72 (the "Levied Assessment "). The Levied Assessment shall be
payable over five (5) years together with interest at the rate of five percent (5 %) per annum on
the unpaid balance.
2. Postponed Assessment. The Parties agree that if and when the Property is
Developed, the Owner shall pay to the City an amount equal to 136.67 front feet multiplied by
the High- Density Assessment Rate then in effect for residential street overlay, less $848.72
(the "Postponed Assessment "). As used in this Agreement, the term "Developed" means issuance
of a grading permit, building permit or other consent from the City to allow for the improvement
of the Property for high- density residential use. If the Property is not Developed by
December 31, 2040, then the Postponed Assessment shall be null and void.
3. Waiver. The Owner hereby accepts the Levied Assessment and the Postponed
Assessment and hereby waives the right to object to or appeal the Levied Assessment or the
Postponed Assessment pursuant to Minnesota Statutes § 429.081, as amended from time to time,
and further waives notice of any hearing thereon.
4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties and their heirs, successors and assigns and shall run with the Property.
Dated: -
Dated:
IN WITNESS WHEREOF, the Parties have executed this instrument.
IJ , 2010
OWNER:
r - , ..
Robert Lynnichardson
Dated: � , 2010 By:
Mike Maguire
Its: Mayor
, 2010
CITY OF EAGAN
By: 1 / jib
Maria Petersen
Its: City Clerk
2
STATE OF MINNESOTA )
) ss.
COUNTY OF A`L' )
The foregoing instrument was acknowledged before me this p 104 — day of
, 2010, by Robert Lynn Richardson, an unmarried man.
JEANETTE ANN JOHNSON ti
S} k NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2015
��-.- f J.11JYJIf- �C/ 1 .lJ./ IJI.lII✓✓
y Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
®_ , 2010, 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.
APPROVED AS TO FORM:
City Attorney's Office
Dated:
lic Works Department
Dated: 1i- 3o t
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147 Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432 -3136
(MDK: 206 - 29068)
3
Notary Public ,
D
ti
MARY L O'BRIEN
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan. 31, 2015
(PID NO. 10- 02900 - 020 -06)
EXHIBIT A
LEGAL DESCRIPTION
That part of the Northwest Quarter of the Northeast Quarter (NW% of NE of Section Twenty -
nine (29), Township Twenty -seven (27), Range Twenty -three (23), Dakota County, Minnesota,
described as follows: Commencing at the Northwest corner thereof; thence East along the North
line thereof 244.5 feet more or less to the center line of the Township Road running Southerly
through said subdivision; thence Southerly along the center line of said road 920 feet to the point
of beginning; thence Southerly along the center of said road 136 feet; thence East parallel to the
North line of said subdivision 160 feet; thence Northerly parallel to the center line of said road
136 feet; thence West parallel to the North line of said subdivision 160 feet to the point of
beginning.