1b. Certification of Water & Sewer Hookup Charges0
CITY OF
CAANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
MEMORANDUM
TO:
FROM:
Greg Sticha, Finance Director P ,
SUBJ: Certification of Water and Sewer Hook -Up Charges
Mayor and City Council
DATE: November 15, 2012
BACKGROUND
Building Inspections
City code allows for water and sewer hook -up charges to be assessed to the
Phone: 952.227.1180
property taxes rather than paying them up front with the building permit fees.
Fax: 952.227.1190
Repayment of the assessments occur over four years at an 8% interest rate. The
following property owner has asked that their hook -up charges be assessed to
Engineering
their property taxes:
Phone: 952.227.1160
Fax: 952.227.1170
Greenwood Design Build, LLC - $7,824.00
2195 Lake Harrison Road, 25.4170250
Finance
Phone: 952.227.1140
RECOMMENDATION
Fax: 952.227.1110
Staff recommends approval of the attached resolution authorizing the certification
Park & Recreation
of the hook -up charges for Greenwood Design Build, LLC to Carver County.
Phone: 952.227.1120
Fax: 952.227.1110
ATTACHMENT
Recreation Center
2310 Coulter Boulevard
1. Resolution authorizing certification of hook -up charges to property taxes
Phone: 952.227.1400
2. Special Assessment Agreement
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
R \dwashbum \Special Assessments\2012\Memo -Hook Ups.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: November 26, 2012 RESOLUTION NO: 2012-
MOTION BY:
SECONDED BY:
RESOLUTION AUTHORIZING CERTIFICATION OF
HOOK -UP CHARGES TO PROPERTY TAXES
WHEREAS, the City has entered into a Special Assessment Agreement with Greenwood Design
Build, LLC (a/k/a Greenwood Design Build) dated January 31, 2012 ( "Special 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. 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, 2013, and shall bear interest at the rate of 8 percent (8 %) per annum starting
January 1, 2013. This assessment will show up on the first property tax statement for
2013. 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 26th day of November, 2012.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this -3/ day of , 2012, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ity ") and Greenwood Design
Build, LLC, a Minnesota limited liability partnership a/k/a Greenwood Design Build (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 3, Lake Harrison.
having a street address of 2195 Lake Harrison Road, Chanhassen, Minnesota, and a property
identification number of 25.4170250 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of $5,717.00 and sewer of $2,107.00 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 $5,717.00 and for sewer of $2,107.00 totaling $7,824.00 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 2013.
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)
F. 11
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2012, 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
PROP
i Des i a
• A�%L
its
C /1
its
STATE OF MINNESOTA )
( ss.
COUNTY )
The fore oing instrument was acknowledged before me this � ay of
2012, by yo " �,e and b the
� o � and , of Greenwood Design Build,
C, a Minnesota limited liability partnership a/k/a Greenwood Design Build, on behalf of the
partnership, the Property Owner.
NOTARY KWIC
CAROL M. DUNSMORE
Notary Public- Minnesota
fir, M � My Commi ssion Eores 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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