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D-4. Certification of Water and Sewer Hookup ChargesBuilding Inspections The following property owners agreed to have these charges assessed to their Phone: 952.2271180 property taxes rather than paying them up front with the building permit fees. Fax 952.227.1190 1) Christopher King and Barbara King Engineering 960 Carver Beach Road, 25.1600850 Phone: 952,227,1160 Water and Sewer Hook -up Charges Fax: 952.227.1170 $8,500.00 — Repayment will occur over four years at 5.25% interest. Finance 2) Paul J. Donnay Three, LLC Phone: 952.227.1140 MEMORANDUM Y OF C���r� TO: Mayor and City Council ��]] CI11111NSEN FROM: Greg Sticha, Finance Director 7700 Market Boulevard DATE: November 14, 2014 PO Box 147 Chanhassen, MN 55317 Fax: 952.2271310 SUBJ: Certification of Water and Sewer Hook -Up Charges ly Administration Water and Sewer Hook -up Charges Phone. 952.227.1100 $5,950.00 — Repayment will occur over four years at 5.25% interest. Fax: 952.227.1110 BACKGROUND Building Inspections The following property owners agreed to have these charges assessed to their Phone: 952.2271180 property taxes rather than paying them up front with the building permit fees. Fax 952.227.1190 1) Christopher King and Barbara King Engineering 960 Carver Beach Road, 25.1600850 Phone: 952,227,1160 Water and Sewer Hook -up Charges Fax: 952.227.1170 $8,500.00 — Repayment will occur over four years at 5.25% interest. Finance 2) Paul J. Donnay Three, LLC Phone: 952.227.1140 7060 Mill Creek Lane, 25.4350020 Fax: 952.2271110 Water and Sewer Hook -up Charges Fax: 952.227.1110 $5,950.00 — Repayment will occur over four years at 5.25% interest. Park & Recreation ATTACHMENT Phone: 952.227.1120 Fax: 952.227.1110 3) Greenwood Design Build, LLC Fax: 952.2271310 7081 Mill Creek Lane, 25.4350070 Recreation Center Water and Sewer Hook -up Charges 2310 Coulter Boulevard $5,950.00 — Repayment will occur over four years at 5.25% interest. Phone. 952.2271400 Fax: 952.227.1404 RECOMMENDATION Planning & Natural Resources Staff recommends approval of the attached resolution authorizing the certification Phone: 952.2271130 of hook -up charges for Christopher King and Barbara King, Paul J. Donny Fax: 952.227.1110 Three, LLC and Greenwood Design Build, LLC to Carver County. Public Works ATTACHMENT 7901 Park Place Phone: 952.227.1300 1. Resolution authorizing certification of charges to property taxes Fax: 952.2271310 2. Special Assessment Agreements Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.b.chanhassen.mn.us F:\dwmhbmn \Special Assessments\2014\Memo -Hook Ups.doc Chanhassen is a Community for Life - Providing torToday and Planning forTomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE: November 24, 2014 RESOLUTION NO: 2014- MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING CERTIFICATION OF WATER AND SEWER HOOK -UP CHARGES WHEREAS, the City has entered into Special Assessment Agreements with: 1) Christopher King and Barbara King dated February 21, 2014, 2) Paul J. Donny Three, LLC dated March 10, 2014, and 3) Greenwood Design Build, LLC dated February 12, 2014, copies of which are attached hereto as Exhibit "A." NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, 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 according to the attached special assessment agreements, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate indicated in the attached special assessment agreements starting January 1, 2015. This assessment will show up on the first property tax statement for 2015. 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 24th day of November, 2014. ATTEST: Todd Gerhardt, City Manager YES Thomas A. Furlong, Mayor NO ABSENT 2 Atw omJ / SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this' _ day of A19 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City ") and Christopher King and Barbara King (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: lots 998,999 and 1000, CarverReac/4 having a street address of 960 Carver Beach Road, Chanhassen, Minnesota, and a property identification number of 25.1600850 (the "Subject property"). B. Property Owner has requested that the City specially assess hook up charges for water of $6,287.00 and sewer of $2,213.00 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 $6,287.00 and for sewer of $2,213.00 totaling $8,500,00 against the Subject Property. The assessment shall be spread over four (4) years, together with five and one quarter percent (5.25 °A) 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 2015. 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 Owners successors, heirs and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF CIIANHASSEN BY; Thomas A. Furlong, Mayor (SEAL) AND Todd Gerhardt, City Manager STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acImowiedged bcfore me this _ day of . 2014, 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 PROPERTY OWNER Christopher King and Barbara King BY M STATE OF MINNESOTA ) t ss. COUNTY OF 0<ftiot , Ll The for /ego in instnmt nt s aclmo me this a day of _ Y -r-t 2014, by r /r�1 ' I No- Owners of 960 Carver Beach Road, Lots 998,999 and 1000, Carver Beach, 25. OOSSo. e JP_ DRAFTED BY: CAWBELLKNUTSON Profe to n l Assccualon 317 Eagandate Olficc Ccoter I380 Corymun Cwm Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 RNK NOTARY PUBLIC 400139 OW 79 SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this /[Z day of (D_gL0 i'1 , 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and Paul J. Donnay Three, LLC, a Minnesota limited liability company (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 2, Block 1, Lake Saint Joe Cove. having a street address of 7060 Mill Creek Lane, Chanhassen, Minnesota, and a property identification number of 25.4350020 (the "Subject Property "). B. Property Owner has requested that the City specially assess hook up charges for water of $4,401.00 and sewer of $1,549.00 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 $4,401.00 and for sewer of $1,549.00 totaling $5,950.00 against the Subject Property. The assessment shall be spread over four (4) years, together with five and one quarter percent (5.25 %) 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 2015. 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 BY: Thomas A. Furlong, Mayor (SEAL) Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2014, 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 r° PROPERT WNER: Paul . onnay Thre L By: r� I �. By: Its STATE OF MINNESOTA ) ( ss. COUNTY OF �� ) The foregg,oing instrMent was acknowledged before me this6D 4day of 2014, by L A iA/- and by the T and of Paul J. Donnay Three, LLC, a Mirmesota limited liability company, the Property Qrner. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 RNK a CAROL M.DUNSMORE Notary Public- Minnesota My Commission Ezplms Jan 31, 2015 IV • ODDW SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this /rQ_ day of "njg-rq , 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation 'City ") and Greenwood Design Build, LLC, a Minnesota Limited Liability Company (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 3, Lake St. Joe Cove. having a street address of 7081 Mill Creek Lane, Chanhassen, Minnesota, and a property identification number of 25.4350070 (the "Subject Property"). B. Property Owner has requested that the City specially assess hook up charges for water of $4,401.00 and sewer of $1,549.00 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 $4,401.00 and for sewer of $1,549.00 totaling $5,950.00 against the Subject Property. The assessment shall be spread over four (4) years, together with five and one quarter percent (5.25 %) 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 2015. 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 M (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of , 2014, 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: spa Build, I Elva nod —1t ��/a I A C STATE OF MINNESOTA Its (ss. COUNTY OF ) The foreqpmg ins tm etriLwas�acknowledged before me thisa3ay ofa 20 4, by pUj�CJ and by — the and - of Greenwood Design Build, LLC, a Minnesota Limited Liability Company, the Property Owner. NOTARY kUBLIC ��nnrm CAROL M.DUNSMORE Notary Public- Minnesota 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