D-6. Certify Water and Sewer Hookup Charges. Y o
CITY OF CHANIIASSEN
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q S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
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MEMORANDUM
TO: Mayor and City Council
FROM: Greg Sticha, Finance Director tr
DATE: November 18, 2016
SUBJ: Certification of Water and Sewer Hook-Up Charges
BACKGROUND
The following property owners agreed to have these charges assessed to their property taxes
rather than paying them up front with the permit fees.
1) West Bay Homes Corporation
7390 Dogwood Road, 25.0570010
Water and Sewer Hook-up Charges
$6,428.00—Repayment will occur over four years at 5.25% interest.
RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the certification of hook-up
charges for West Bay Homes Corporation to Carver County.
ATTACHMENT
1. Resolution authorizing certification of charges to property taxes
2. Special Assessment Agreement
F:\dwashburn\Special Assessmeenfs\2UI6CIl7f mo"IQo k pU' ci.chanhassen.nln.11$ • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
RESOLUTION
DATE: November 28,2016 RESOLUTION NO: 2016-
MOTION BY: SECONDED BY:
RESOLUTION AUTHORIZING CERTIFICATION OF
WATER AND SEWER HOOK-UP CHARGES
WHEREAS,the City has entered into a Special Assessment Agreement with West Bay Homes
Corporation dated July 1, 2016, 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 according to the attached
special assessment agreement, the first of the installments to be payable on or before the
first Monday in January, 2017, and shall bear interest at the rate indicated in the attached
special assessment agreement starting January 1, 2017. This assessment will show up on
the first property tax statement for 2017. 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 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 28th day of November,2016.
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ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
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SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 1571- day of SLL/y , 2016, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and West Bay Homes
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 1,Arbor Cove.
having a street address of 7390 Dogwood Road, Excelsior, Minnesota, and a property identification
number of 25.0570010 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of$4,817.00 and sewer of$1,611.00 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$4,817.00 and for sewer of$1,611.00 totaling $6,428.00 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 2017. 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.
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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:
Denny Laufenburger,Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2016, 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
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PROPERTY OWNER:
West Ba Homes Corporation
By:
Its
By: V:)C e_ \_ckc.��
Its
STATE OF MINNESOTA )
( ss.
COUNTY O a-t )
The foregoinginstrument was acknowledged before me this 41—day of ,
2016, by ea v-0,e t,OE: Q, and by , the
Qt 0L- and , of West Bay Homes
Corporation,the Property Owner.
eif_A9--() ' ,. GQ_-
NOTARY
PUBLIC
` " CAROL M. DUNSMORE
T :,.,)) Notary Public-Minnesota
•itt `My Commlaion ExpU»Jan 31,2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(612)452-5000
RNK
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