4300 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
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
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storanntiO
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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)