2010-97 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: December 13, 2010 RESOLUTION NO: 2010 -97
MOTION BY: McDonald SECONDED BY: Litsey
APPROVING SPECIAL ASSESSMENT AGREEMENTS
AND ADOPTING SPECIAL ASSESSMENTS
WHEREAS, the City has entered into a Special Assessment Agreement with JBJ Wine
Holdings, LLP dated December 13, 2010 ( "Assessment Agreement "), a copy of which is attached hereto
as Exhibit "A."
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen,
Minnesota,
1. The Assessment Agreement is hereby approved. The Mayor and City Manager are
authorized and directed to sign the Agreement.
2. Such proposed assessments are hereby levied and shall constitute special assessments
against the lands named therein.
3. The property owner may, at any time prior to certification of the assessment to the
County, pay the whole of the assessment on such property to the City, except that no
interest shall be charged if the entire assessment is paid prior to certification of the
assessment. The owner may at any time thereafter pay the City the entire amount of the
assessment remaining unpaid with interest accrued to December 31 of the year in which
the payment is made. Such payment must be made before November 30 or interest will
be charged through December 31, of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
to be extended on the proper tax lists of the County and such assessments shall be
collected and paid over in the same manner as other municipal taxes.
PASSED AND ADOPTED by the Chanhassen City Council this 13th day of December, 2010.
ATTEST:
Todd erhardt, City Manager Thomas A. Furlong, Mayor
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YES NO ABSENT
Furlong None None
Litsey
McDonald
Ernst
Tjornhom
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SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 34h day of December, 2010, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and JBJ WINE HOLDINGS,
LLP, a Minnesota limited liability partnership (the "Property Owner ").
RECITALS
A. Property Owner is the fee owner of property in Hennepin County, Minnesota,
legally described as:
That part of the West 149 feet of the Southwest Quarter of Section 7, Township 116
North, Range 22 West of the 5` Principal Meridian, lying North of State Highway
No. 5 and which lies South of a line drawn East perpendicular to the West line of
Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver
County, from a point thereon distant 103.00 feet South, as measured along said West
line, from the Northwest corner of said Tract C, Hennepin County, Minnesota.
having a street address of 19900 West 78 Street, Chanhassen, Minnesota, and a property
identification number of 07- 116 -22 -33 -0027 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of $11,361.20 and sewer of $4,268.16 against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City assess the cost of the hook up charges for
water of $11,361.20 and for sewer of $4,268.16 totaling $15,629.36 against the Subject Property.
The assessment shall be spread over four (4) years, together with eight percent (8.00 %) interest per
year on the unpaid balance. Interest shall accrue from the date of the approval of this Agreement by
the City Council. The first installment shall be due and payable with taxes in 2011. The Property
Owner waives any and all procedural and substantive objections to the special assessment, including
but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the
Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to
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Minn. Stat. § 429.081. If the special assessment is not timely paid or is set aside for any reason,
then, instead of paying the special assessment, the Property Owner shall pay the City on demand an
amount equivalent to the unpaid special assessment together with any legal fees the City may incur.
2. 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.
CITY OF ANHASSEN
BY: r A
Thom . A. Furlong, Mayo
(SEAL) 1
AND di/ A.)...
T e . d Gerhard , City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
)9 The foregoing instrument was acknowledged before me this / `/ ' day of
2 L , 2010, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor
and City Manager of the City of Chanhassen, a Minnesota corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
0 .„ / . / ��„ (
N ARY Pi IC
1: KAREN J. ENGE
. ;�'° `" NK
4 Ty Publ M inne so t a
My Commission Expires Jan 31, 2015
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PROPERTY OWNER:
JBJ WINE HOLDINGS, LLP
By
By:
STATE OF MINNESOTA )
( ss.
COUNTY OF as nit { )
The foregoing instrument was acknowledged before me this 1 day of December, 2010,
by lerN ?AT'S Me rt n and by , the
Pa +r e r and , respectively of JBJ Wine Holdings, LLP, a
Minnesota limited liability partnership, on behalf of the limited liability partnership, the Property
Owner. _ _
O. 1
NOT Y PUBLIC
M�NV.
KIM T. MEUWISSEN
s., Notary Public-Minnesota
+j My Commission Expires Jan 31, 2015
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
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