1e. Certification of Water and Sewer Hook-Up Charges4
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: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Mayor and City Council
FROM: Greg Sticha, Finance Director
DATE: November 17, 2011
SUBJ: Certification of Water and Sewer Hook -Up Charges
BACKGROUND
City code allows for water and sewer hook -up charges to be assessed to the
property taxes rather than paying them up front with the building permit fees.
Repayment of the assessments occur over four years at an 8% interest rate. The
following property owners have asked that their hook -up charges be assessed to
their property taxes:
1) 79 Street Center Partnership, LLP - $7,419.00
530 West 79 St, Suite 120, 25.2750010
2) Steven G. Pullen and Teri L. Pullen - $7,419.00
2383 Highover Trail, 25.4170080
3) Stonefield Homes, Inc. - $7,419.00
8711 Osprey Lane, 25.7540030
RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the certification
of the hook -up charges for 79 Street Center Partnership LLP, Steven G. Pullen
and Teri L. Pullen, and Stonefield Homes Inc to Carver County.
ATTACHMENT
1. Resolution authorizing certification of hook -up charges to property taxes
2. Special Assessment Agreements
F:\dwashbum \Special Assessments\2011\Memo -Hook Ups.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
1C.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: November 28, 2011 RESOLUTION NO: 2011-
MOTION BY:
SECONDED BY:
RESOLUTION AUTHORIZING CERTIFICATION OF
HOOK -UP CHARGES TO PROPERTY TAXES
WHEREAS, the City has entered into Special Assessment Agreements with: 1) 79 Street
Center Partnership, LLP dated December 23, 2010, 2) Steven G. Pullen and Teri L. Pullen dated
October 19, 2011, and 3) Stonefield Homes Inc dated May 5, 2011, copies of which are attached hereto
as Exhibit "A."
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen,
Minnesota,
1. The Assessment Agreements are hereby approved. The Mayor and City Manager are
authorized and directed to sign the Agreements.
2. Such proposed assessments are hereby levied and shall constitute special assessments
against the lands named therein.
3. Such assessments shall be payable in equal annual installments extending over a period
of four (4) years, the first of the installments to be payable on or before the first Monday
in January, 2012, and shall bear interest at the rate of 8 percent (8 %) per annum starting
January 1, 2012. This assessment will show up on the first property tax statement for
2012. To each installment when due shall be added interest for one year on all unpaid
installments.
4. 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. The right to partially
prepay the assessment is not available.
5. The Clerk shall forthwith transmit a certified duplicate of the assessments 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 28th day of November, 2011.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this J_ day of 2010, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and 79 STREET
CENTER PARTNERSHIP, LLP, a Minnesota limited liability partnership a/k/a 79 STREET
CENTER PARTNERSHIP (the "Property Owner ").
RECITALS
A. Property Owner is the fee owner of certain property in the City of Chanhassen
Carver County, Minnesota, legally described as:
Lot 3, Block 1, Frontier Development Parr
having a street address of 530 West 79` Street, Suite 120, Chanhassen, Minnesota, and a property
identification number of 25.2750010 (the "Subject Property ").
B. Property Owner has requested that the City specially assess hook up charges for
water of $5,393.00 and sewer of $2,026.00 against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City hereby assesses the cost of the hook up
charges for water of $5,393.00 and for sewer of $2,026.00 totaling $7,419.00 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 2012.
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 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.
(SEAL)
CITY OF CHANHASSEN
WM
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
( , 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.
NOTARY PUBLIC
2
PROPERTY OWNER:
79" STREET CENTER PARTNERSHIP,
LLP
By:
s
By: A
Its
STATE OF MINNESOTA )
( SS.
COUNTY OF )
The fore oing instrument as ac ow edged before me this day of ? ,2, e�-��
2010, by , 1�� and by the
and �- _mac .� of 79 Street Center
Partnership, LLP, a Minnesota limited liability partnership a/k/a 79 Street Center Partnership, on
behalf of the partnership, the Property Owner.
NOTAWY PU11LIC
CAROL M. DUNSMORE
ta
Notary Public -Minneso
20
Coin
mis9bn Eyo'es Jan 31,20
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Chive
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
RNK
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this Iq day of b(►jk)br , 2011, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and Steven G. Pullen and
Teri L Pullen (the "Property Owner ").
RECITALS
A. Property Owner is the fee owner of certain property in the City of Chanhassen
Carver County, Minnesota, legally described as:
Lot 8, Block 1, Lake Harrison.
having a street address of 2383 Highover Trail, Chanhassen, Minnesota, and a property
identification number of 25.4170080 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of $5,393.00 and sewer of $2,026.00 against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City hereby assesses the cost of the hook up
charges for water of $5,393.00 and for sewer of $2,026.00 totaling $7,419.00 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 2012.
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 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 CHANHASSEN
Thomas A. Furlong, Mayor
(SEAL)
WE
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( 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
OA
PROPERTY OWNER:
Steven G. Pullen and
Teri L. Pullen
By:
By:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The fore oing instname was acknowledged before me this 19 d- day of Q ,
2011, by ,�,P and by `c 6 the property
owners of 2383 Highover Trail, Lot 8, Block 1 Lake Harrison, 25- 4170080.
NOTAR LIC
f� CAROL M. DUNSMORE
Notary Public- Minnesota
� ►;;;:i 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
RNK
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 5 *') day of R&Cr 2011, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and Stonefield Homes,
Inc., a Minnesota Corporation (the "Property Owner ").
RECITALS
A. Property Owner is the fee owner of certain property in the City of Chanhassen
Carver County, Minnesota, legally described as:
Lot 1, Block 2, Stonefteld
having a street address of 8711 Osprey Lane, Chanhassen, Minnesota, and a property identification
number of 25.7540030 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of $5,393.00 and sewer of $2,026.00 against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City hereby assesses the cost of the hook up
charges for water of $5,393.00 and for sewer of $2,026.00 totaling $7,419.00 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 2012.
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 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.
1
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 CHANHASSEN
Thomas A. Furlong, Mayor
(SEAL)
1
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( 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
K
PROPERTY OWNER:
Stonefield Homes, Inc.
By:
Its
I�
Its
STATE OF M NNESOTA )
( SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 5 " day of
2011 by C,� K y6min i /) y a and by the
P re S i d'eV)1 and , of Stonefield Homes, Inc., a
Minnesota Corporation, the Property Owner.
NOTARY PUB IC
COLLEEN K. MARTINO
3, p ; Notary Public- Minnesota
�, siiP• `y My Commission Expires Jan 31. 20 5
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
RN Y,
3