HomeMy WebLinkAboutSpecial Assessment Agreement PUBLIC IMPROVEMENT AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT dated ,2009,by and between the CITY OF
ORONO,a Minnesota municipal corporation("City"); and OMS Properties,LLC, a Minnesota
limited liability company(hereinafter referred to as the"Property Owner").
RECITALS
A. Property Owner is the fee owner of the property located at 850 Wayzata Boulevard
in Orono,Minnesota legally described on Exhibit"A" attached hereto. The property described in
Exhibit"A"will be referred to herein as the"Subject Property".
B. Property Owner has requested that the City construct a sewermain to serve the
Subject Property("Public Improvement").
C. The City is willing to construct the Public Improvement subject to the terms of this
Agreement.
NOW,THEREFORE,IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
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1. PUBLIC IMPROVEMENT PROJECT. The City shall construct a 4-inch
diameter pressure sewer forcemain from the Wayzata sewer system to the Subject Property.
2. ASSESSMENTS. The Subject Property shall be specially assessed$13,077.00.
The assessments shall be paid over a 15 year period without deferment,together with interest at a
rate of six and one-quarter percent(6.25%)per year on the unpaid balance. The first installment
shall be due and payable with taxes in 2010. The Property Owner waives any and all procedural
and substantive objections to the Public Improvement and the special assessments, including but not
limited to hearing requirements and any claim that the assessments exceed the benefit to the Subject
Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat.
§ 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Property Owner and the Property Owner's successors,heirs, and assigns. This Agreement may be
recorded against the title to the Subject Property.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year
first above written.
CITY OF ORONO
���3 By:* �
I �' rr ' es M. White, Mayor
° 4 4 '#• (szAL)0
y k !/
O ti° f r
C-- r >, r x Y AND SV r"
f ` Linda S. Vee, City Clerk
'I `A
ro
PRO' RTY OWNER:
•
By: in, ` t � I Le— "1
Its
A J�1 G. C T 6 k
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /� day of
20 0 9 , by James M. White and Linda S.Vee,respectively, the Mayor and City Cl k of e City
of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the
authority granted by its City Council.
k.
�,^.., ._. GJ ^_.s..^J.Jl,!!!1!./✓' otary Public
.-. MONICA A. FADNESS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2012
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STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN ) /l
The foregoing instrument was acknowledged before me this 7 Today of Imo ,
2009,by M i c h Cid KVl !f ,the --L t r L I L of
OMS Properties LLC, a Minnesota limited liability company, on behalf of OMS Properties, LLC.
!J1!./l.Il1lII!!l✓lfllrl./!!lll...S �
MONICA A.FADNESS Notary Public
;., NOTARY PUBLIC-MINNESOTA
�,,::+ My Commission Expires Jan.31,2012 l�
✓✓!!!!!!✓✓ffll././✓^s:'rri.✓r.;/'/ice/,1
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM
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EXHIBIT "A"
TO
PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
Legal Description of Subject Property:
Hennepin County PINS No. 35-118-23 44 0004; legally described as:
That part of the Southeast Quarter (SE1/4) of Section 35, Township 118 North, Range 23 West of
the 5rn Principal Meridian, Lying South of the southerly line of the Chicago Northwestern Railroad
right of way and East of the easterly line of U.S. and State Highway Number 12, as presently
established, according to the U.S. Government Survey thereof, Hennepin County, Minnesota.
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7.5b Blvd�
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Doc No A9395724
Certified filed and/or recorded on
7/22/09 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 59 Pkg ID 555569
Doc Name: Assessment Agreement
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.