1h. Leimer Pulbic Imp and Assessment Agreement4
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227,1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952227.1310
Senior Center
Phone: 952227.1125
Fax: 952.227.1110
Web Site
wwadchanhassen.mn.us
MEMORANDUM
TO: Mayor & City Council Members
FROM: Greg Sticha, Finance Director
DATE: February 14, 2011 Oo
SUBJ: Approval of Public Improvement and Special Assessment
Agreement with Ellie Leimer, 725 Santa Vera Drive
PROPOSED MOTION:
The City Council approves the Public Improvement and Special Assessment
Agreement with Ellie Leimer, 725 Santa Vera Drive.
Approval requires a simple majority vote of the city council.
BACKGROUND
In January 2011, a water line break occurred at 725 Santa Vera Drive. The
break occurred on the homeowner's property, thus making the cost of the repairs
the responsibility of the homeowner. The homeowner indicated that they did
not have the ability to pay for the repair and asked if the city would be willing to
assess the costs to their property taxes. Staff then negotiated the terms of the
contract and the city attorney prepared the attached contract and repayment
schedule for signatures. The homeowner will be signing this agreement on
Friday morning.
RECOMMENDATION
Staff recommends that the city council approve the Public Improvement and
Special Assessment Agreement with Ellie Leimer, 725 Santa Vera Drive as
presented.
ATTACHMENT
1. Resolution
2. Agreement
3. Special Assessment Repayment Schedule
4. Invoice for Repairs
fAgregs \counci1\2011\leimer memo 2 -14 -1 l.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: February 28, 2011 RESOLUTION NO: 2011-
MOTION BY:
SECONDED BY:
APPROVING SPECIAL ASSESSMENT AGREEMENTS
AND ADOPTING SPECIAL ASSESSMENTS
WHEREAS, the City has entered into a Special Assessment Agreement with Eloise C. Leimer
and Jason Leimer, dated February 11, 2011 ( "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, MN,
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 28 day of February, 2011.
ATTEST:
Todd Gerhardt, City Manager
YES
Thomas A. Furlong, Mayor
NO ABSENT
155278v01
RNK: 12/10/2010
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of , 2011, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and
ELOISE C. LEIMER, a single person, and JASON LEIMER, a single person (the
"Property Owners ").
RECITALS
A. Property Owners are the fee owners of Lot 3, Block 2, of Chanhassen Vista,
with a street address of 725 Santa Vera Drive, Chanhassen Minnesota (the "Subject
Property ").
B. Property Owners have requested that the City repair the water service line on
the Subject Property ( "Public Improvement ").
C. Property Owners have requested that the City assess the cost of the Public
Improvement against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENT. The City will construct the Public
Improvement.
2. SPECIAL ASSESSMENT. The City will assess the Subject Property
$5,382.06 for the Public Improvement. The assessment shall be spread over four (4) years,
together with eight percent (8%) interest per year on the unpaid balance. Interest shall accrue
from the date the City Council adopts the assessment roll. The first installment shall be due
and payable with taxes in 2012. The Property Owners waive any and all procedural and
substantive objections to the Public Improvement and special assessment, including but not
limited to hearing requirements and any claim that the assessment exceeds the benefit to the
Subject Property. The Property Owners waive any appeal rights otherwise available pursuant
to Minn. Stat. § 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding
upon the Property Owners and the Property Owners' successors and assigns. This Agreement
may be recorded against the title to the Subject Property.
15614101
RNK:02 /08/2011
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
(SEAL)
:_ ►1l
Todd Gerhardt, City Manager
STATE OF M NNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2011, 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.
NOTARY PUBLIC
15614101 2
RN K:02 /08/2011
PROPERTY OWNERS:
Eloise C. Leimer
Jason Leimer
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011, by Eloise C. Leimer, a single person.
NOTARY PUBLIC
STATE OF MIlVNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011, by Jason Leimer, a single person.
NOTARY PUBLIC
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
RNK:srn
15614lv01 3
RNK:02 /08/201 1
PID #
Description:
Project #
Assessment Code:
Amount of
Interest
Years
Year
Extra Days of
Assessment
Rate %
Covered
Started
Interest
$ 5,382.06
8.0%
4
2012
0
Principal
Interest
P + I
Ending balance
2012
1,345.51
430.56
1,776.07
4,036.55
2013
1,345.51
322.92
1,668.43
2,691.04
2014
1,345.52
215.28
1,560.80
1 1
2015
1,345.52
107.64
1,453.16
1 -
PARROTT CONTRACTING INC
30090 STATE HWY 93
HENDERSON MN 56044
507- 248 -9697
dparroft@frontiernet.net
BILL TO
CITY CHANHASSEN
Kevin Crooks
1591 PARK RD
CHANHASSEN MN 55317
DESCRIPTION
Mobilization
Case 130 backhoe w /operator
Case Skid: loader w /operator
Laborer
Thawing & set -up
Fuel for heater
Please pay from invoice - no statement will
follow.
Invoice
DATE
INVOICE #
2/7/2011
11-1801
JOB LOCATION 1 DESCRIPTION
Water Service Repair @
725 Santa Vera
QTY / UNITS
2
7
7
7
P.O. NO.
TERMS
Net 30
RATE
AMOUNT
140.00
280.00
145.00
1,015.00
102.00
714.00
75.00
525.00
2,552.38
2,552.38
295.68
295.68
Total $5,382.06
Balance Due
$5,382.06