D-3. Approve Resolution Certifying Water Hookup ChargesMEMORANDUM
Cf ff OF TO: Mayor and City Council
CHMMSSEN FROM: Greg Sticha, Finance Director 6,4'
7700 Market Boulevard DATE: November 13, 2015
PO Box 147
Chanhassen, MN 55317
SUBJ: Certification of Water Hook -Up Charges
Administration
PFax:952.227.11100 BACKGROUND
Fax: 952.227.1110
Building Inspections The following property owners agreed to have these charges assessed to their
Phone: 952.227.1180 property taxes rather than paying them up front with the permit fees.
Fax: 952.227.1190 1) Paul Anderson and Renee Anderson
9380 Kiowa Trail, 25.2660030
Engineering Water Hook-up Charges
Phone: 952.227.1160
Fax: 952.227.1170 $6,523.00 — Repayment will occur over four years at 5.25% interest.
Finance RECOMMENDATION
Phone: 952.227.1140
Fax: 952.227.1110 Staff recommends approval of the attached resolution authorizing the certification
Park &Recreation of hook-up charges for Paul Anderson and Renee Anderson to Carver County.
Phone 952.227.1120
ATTACHMENT
Fax: 952.227.1110
Recreation Center 1. Resolution authorizing certification of charges to property taxes
2310 Coulter Boulevard 2. Special Assessment Agreement
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
Website
www.ci.chanhassen.mn.us
F:\dwashbum\Special Assessments\2015\Memo-Hook Ups.doc
Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: November 23, 2015 RESOLUTION NO: 2015 -
MOTION BY:
SECONDED BY:
RESOLUTION AUTHORIZING CERTIFICATION OF
WATER HOOK-UP CHARGES
WHEREAS, the City has entered into a Special Assessment Agreement with Paul Anderson and
Renee Anderson dated November 12, 2015, 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,
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 according to the attached
special assessment agreement, the first of the installments to be payable on or before the
first Monday in January, 2016, and shall bear interest at the rate indicated in the attached
special assessment agreement starting January 1, 2016. This assessment will show up on
the first property tax statement for 2016. 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.
The Clerk shall forthwith transmit a certified duplicate of the assessment to the County to
be extended on the proper tax lists of the County and such assessment shall be collected
and paid over in the same manner as other municipal taxes.
PASSED AND ADOPTED by the Chanhassen City Council this 23rd day of November, 2015.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
2
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this jc�_ day of a ) x)e YY 1 her, 2015, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Paul Anderson and
Renee Jaspers (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, EickholtAddition.
having a street address of 9380 Kiowa Trail, Chanhassen, Minnesota, and a property identification
number of 25.2660030 (the "Subject Property"),
B. Property Owner has requested that the City specially assess hook up charges for
water of $6,523.00 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 $6,523.00 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 2016. 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
(SEAL)
I•\M
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
, 2015, by Denny Laufenburger 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
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The f regoing instrument was acknowledged before me this j day of Phvom 6tk
2015, by Fqp k ( AVI(Jtkt(� and by RV04-e s the property
owners of 9380 Kiowa Trail, Lot 3, Block 1, Eickholt Addition, 25.2660030.
NOO Y PUBLIC
JENNIFER ANN D312
NotaN Pubtfc-Mi
�•.,.,._.; My c.. 1,bn Ezplroa
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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