HomeMy WebLinkAboutDoc #9395725 75 WAya,-t& l vc1-
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Doc No A9395725
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 555571
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.
PUBLIC IMPROVEMENT AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT dated July C) ,2009,by and between the CITY OF
ORONO,a Minnesota municipal corporation("City"); and Community Living Partnerships,LLC,
a Minnesota limited liability company(hereinafter referred to as the"Property Owner").
RECITALS
A. Property Owner is the fee owner of the properties located at 875 Wayzata Boulevard
in Orono, Minnesota legally described on Exhibit"A"attached hereto. The properties described in
Exhibit"A"will be collectively referred to herein as the"Subject Property".
B. Property Owner has requested that the City construct a watermain and 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:
146392 1
1. PUBLIC IMPROVEMENT PROJECT. The City shall construct a 12-inch
diameter watermain and a 4-inch diameter pressure sewer forcemain from the Wayzata sewer and
water systems to the Subject Property.
2. ASSESSMENTS. The Subject Property shall be specially assessed$54,870.00.
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.)
146392 2
IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year
first above written.
CITY OF ORONO
By:6:111-etiAlte4_ A) t;
e
s M. White,Mayor
(SEAL)
AND / ')-1.
Linda S. Vee, City Clerk
PROPERTY OWNER:
By:
Its
AND
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /7" day of 1 ,
20 b q,by James M. White and Linda S.Vee, respectively,the Mayor and City Cler of /- City
of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
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146392 3
•
STATE OF MINNESOTA )
( ss.
COUNTY OF fSe y )
IA.01
The foregoing instrument was acknowledged before me this " I day of 0.-uj
2009,by r Igill W1 fltierS and by
the C [A of Community Living Partnerships,
LLC, a Minnesota limited liability company, on behalf of Community Living Partnerships, LLC.
ilk:
Not. t 'ublic
:,'`:t 44 JA JANELLE LYNN KORPI
' NOTARY PUBLIC-MINNESOTA
n . My Co rms:on Expires Jae.X1.2011
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM
146392 4
EXHIBIT "A"
TO
PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
Legal Description of Subject Property
Parcel 1: Hennepin County PINS No. 35-1 18-23 44 0005 Parcel 1 is legally described as:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
35, TOWNSHIP 118 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER, 29.7 FEET NORTH OF THE NORTHEASTERLY LINE OF THE
RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY COMPANY; THENCE NORTH
ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF SOUTHEAST QUARTER TO
THE SOUTH LINE OF THE RIGHT OF WAY OF THE ELECTRIC SHORT LINE RAILWAY
COMPANY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID ELECTRIC SHORT
LINE RAILWAY COMPANY TO THE SOUTHWESTERLY LINE OF STATE. HIGHWAY 12,
FORMERLY NO. 10; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE
OF SAID HIGHWAY TO A POINT DISTANT 3 8 5 FEET MEASURED AT RIGHT ANGLES
FROM THE SOUTH LINE OF SECTION 3 5;
THENCE WESTERLY PARALLEL WITH AND DISTANT 3 8 5 FEET; MEASURED AT RIGHT
ANGLES FROM THE SOUTH LINE OF SAID SECTION 3 5, A DISTANCE OF 1011.05 FEET
TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PART OF THE ABOVE
DESCRIBED PROPERTY AS CONTAINED IN DOCUMENT NO, 3964258 HENNEPIN
COUNTY RECORDER'S OFFICE. AND FURTHER EXCEPTING THEREFROM THAT PART
OF THE SOUTH HALF OF SAID SECTION 3 5, SHOWN AS PARCEL 9 7 ON MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NUMBERED 2 7-13 4 AS
THE SAME IS ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER
IN AND FOR HENNEPIN COUNTY, MINNESOTA
And
Parcel 2: Hennepin County PINS No. 35-118-23 43 0003 Parcel 2 is legally described as:
ALL THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 3 5, TOWNSHIP 118, RANGE 23 LYING SOUTH OF THE SOUTHEASTERLY
RIGHT OF WAY LINE OF THE ELECTRIC SHORT LINE RAILWAY COMPANY AND
NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF THE GREAT
NORTHERN RAILWAY COMPANY. EXCEPTING THEREFROM THAT PART OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 5, SHOWN AS PARCEL
97 ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT
NUMBERED 2 7-1 3 4 AS THE SAME IS ON FILE AND OF RECORD IN THE OFFICE OF THE
COUNTY RECORDER IN AND FOR HENNEPIN COUNTY, MINNESOTA.
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