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4300 Blackhawk Rd - Assessment Postponement AgreementReceipt#: 139364 ABSTRACT FEE $46.00 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 W 147TH ST #600 APPLE VALLEY, MN 55124 ASSESSMENT POSTPONEMENT AGREEMENT 2787533 III 11 111 I II Recorded on: 2/23/2011 09:31:43AM By TMB, Deputy Joel T. Beckman County Recorder Dakota County, MN This Assessment Postponement Agreement ( "Agreement ") is made th 9- day of 42�,be-r , 2010, by and between Ronald Staeheli and Diane M. Staeheli, husband and wife, (collectively 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 4300 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 194.31 front feet for a total levied assessment of $1,206.67 (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 194.31 front feet multiplied by the High- Density Assessment Rate then in effect for residential street overlay, less $1,206.67 (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: 9 , 2010 Dated: IN WITNESS WHEREOF, the Parties have executed this instrument. , 2010 Dated: J , 2010 Dated: /�-` , 2010 Ronald Staeheli Diane M. Staeheli CITY OF EAGAN By: jjla By: f d (OA , y Maria Petersen Its: City Clerk 2 Mike Maguire Its: Mayor STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this .4' day of Pe vv. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ( 2/°--- .6- day of u,Q,uh , 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. MIRA L. BROYLES Notary Public- Minnesota MY commission Expires Jan 31, 2015 APPROVED AS TO FORM: City Attorney's Office Dated: 941 (t/ PYilic Works Department Dated: 2 - 10 - 1 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) , 2010, by Ronald Staeheli and Diane M. Staeheli, husband and wife. 3 Notary Public J %IMO W)2A y)stoN storanntiO seiga stmo0 yM EXHIBIT A LEGAL DESCRIPTION That part of the Northeast Quarter of Section 29, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at a point on the North line 244.5 feet East of the Northwest corner of the Northwest Quarter of Northeast Quarter of Section 29, Township 27, Range 23; thence Southerly along the center line of the Township Road running Southerly through said Subdivision, a distance of 1456.6 feet to the actual place of beginning; thence East a distance of 160 feet; thence South and parallel with the West line and center line of said Township Road to a point on the North line of the South 30 acres of the Southwest Quarter of the Northeast Quarter, thence West and parallel with the North line to the center of the Township Road, a distance of approximately 160 feet; thence North along the center line of the Township Road to the place of beginning. (PID NO. 10-02900-030-08) 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 `�— day of Pa- , 2010, by and between Ronald Staeheli and Diane M. Staeheli, husband and wife, (collectively 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 4300 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 194.31 front feet for a total levied assessment of $1,206.67 (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 194.31 front feet multiplied by the High- Density Assessment Rate then in effect for residential street overlay, less $1,206.67 (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: a _ 9 , 2010 Dated: IN WITNESS WHEREOF, the Parties have executed this instrument. /0-'7 Dated: ' , 2010 Dated: , 2010 , 2010 OWNER: >. 1 Ronald Staeheli Diane M. Staeheli CITY OF EAGAN By: .- ki Mike Maguire Its: Mayor By: 2 /(C L( (-U Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF Le, ) The foregoing instrument was acknowledged before me this 6 1 14 " day of STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this (Q/ — day of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. MIRA L. BROYLES Notary Public- Minnesota 3 . �'t a,c; � My Comm , ission Expires Jan 31, APPROVED AS TO FORM: City Attorney's Office Dated: P .lic Works Department Dated: 12 - Jv _ 1 D , 2010, by Ronald Staeheli and Diane M. Staeheli, husband and wife. Nota 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 JASON _ DANIEL NUS ELL Notary Public Minnesota My Comm. Basket Jan 2' , 2010, by Mike Maguire and Maria Petersen, the Mayor and Clerk of /3AtiliA) Notary Public EXHIBIT A LEGAL DESCRIPTION That part of the Northeast Quarter of Section 29, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at a point on the North line 244.5 feet East of the Northwest corner of the Northwest Quarter of Northeast Quarter of Section 29, Township 27, Range 23; thence Southerly along the center line of the Township Road running Southerly through said Subdivision, a distance of 1456.6 feet to the actual place of beginning; thence East a distance of 160 feet; thence South and parallel with the West line and center line of said Township Road to a point on the North line of the South 30 acres of the Southwest Quarter of the Northeast Quarter, thence West and parallel with the North line to the center of the Township Road, a distance of approximately 160 feet; thence North along the center line of the Township Road to the place of beginning. (PID NO. 10- 02900 - 030 -08)