2018-56CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATE: November 26, 2018 RESOLUTION NO: 2018-56
MOTION BY: McDonald SECONDED BY: Ryan
RESOLUTION AUTHORIZING CERTIFICATION OF
WATER HOOK-UP CHARGES
WHEREAS, the City has entered into a Special Assessment Agreement with Eric
Slechta and Shannon Slechta dated June 5, 2018, a copy of which is attached hereto as Exhibit
«A .15
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, 2019, and shall bear interest at the rate
indicated in the attached special assessment agreement starting January 1, 2019.
This assessment will show up on the first property tax statement for 2019. 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 26th day of November,
2018.
ATTEST:
Xdd Gerhardt, City Manager
YES NO
Laufenburger
McDonald
Tjornhom
Ryan
Campion
Denny La fenburger, Mayor
ABSENT
le
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this '—' day of c Vie., , 2018, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Eric Slechta and
Shannon_ Slechta (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:
P/O NE 4 NE %, Township 116, Range 23, Section 22
having a street address of 8731 Audubon Road, Chanhassen, Minnesota, and a property
identification number of 25.0220500 (the "Subject Property").
B. Property Owner has requested that the City specially assess hook up charges for
water of $7,443.00 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 $7,443.00 against the Subject Property. The assessment shall be spread over
four (4) years, together with six and three quarter percent (6.75%) 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 2019. 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)
AND
roddGerhardt, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
NLThe foregoing instrument was acknowledged before me this ��� day of
&-rv\bp.�— , 2018, 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.
N
2
iptse er
KIM T. MEMISSEN
Notary Public -Minnesota
My Commission Expires Jen 31, 2020
PROPERTY OWNER:
1
By:
Eric Slec Ta—
By:
oBy�.
Shannon Slechta
STATE OF MINNESOTA
( ss.
COUNTY OFcary e✓ )
The foregoing instrument was acknowledged before me this�,-`h` day ofr,� ,
2018, by �, ec.h-icy and by,te cam, ,the property
owners of 8731 Audubon Road, 25.0220500.
TARY PUBLIC
(�j
JEAN M. STECKLING
DRAFTED BY:
KNUTSON
Notary Public-MinnesotaCAMPBELL
1#'
Professional Association
y CommI won Expires Jen 91, 2019
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
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