3b Bluff Creek Boulevard: Approve Assessment Agreement Waivers
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
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
gb
MEMORANDUM
TO:
Todd Gerhardt, City Manager 0
Paul Oehme, Dir. of Public Works/City Engineer ~
June 12, 2006
FROM:
DATE:
SUBJ:
Approve Assessment Agreement waivers for Bluff Creek
Boulevard Improvements - Project No. 06-05
REQUESTED ACTION
Approve assessment agreements for Bluff Creek Boulevard Improvements.
BACKGROUND
The City Council is requested to approve agreements for special assessments with
the Degler, Peterson-Jacques, and NDI Minnesota for the Bluff Creek Boulevard
Improvements. These properties will be assessed the majority of the cost of the
project. The special assessment agreement for Liberty at Bluff Creek
Development (Parcels 1 & 2 on the preliminary assessment roll) for the Bluff
Creek Boulevard project was includedin the Development Contract. Since the
other development contracts have not been approved by the City Council, a
separate special assessment agreement should be approved prior to award of the
construction contract. It is anticipated that all three property owners will have the
special assessment agreements signed prior to City eouncil consideration of
construction contract award on June 12,2006.
Attachments: 1. Public Improvement and Special Assessment Agreements
2. Preliminary Assessment Roll
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
G:\ENG\PUBLlC\06-05 2005 MUSA PHASE I1\A.sssement Waivers\bkgu 061206 approve assessment agreeemellls.doc
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of ,2006, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and GAYLE O.
DEGLER and LOIS J. DEGLER, Trustees of the "Gayle O. Degler Trust", an undivided one-
half share and interest, and LOIS J. DEGLER and GAYLE O. DEGLER, Trustees of the
"Lois J. Degler Trust", an undivided one-half share and interest (the "Property Owner").
RECITALS
A. Property Owner is the fee owner of the following property located in the City of
Chanhassen, eounty of County, State of Minnesota (the "Subject Property"):
PIN 1':}5.0221400
-...
The East Half of the Southeast Quarter of Section 22, Township 116, Range 23,
Carver Ccunty, Minnesota.
B. Property Owner has requested that the City construct streets, drainage
improvements, trunk watermain and tIunk sanitary sewer improvements (City Project #06-05) and
assess certain costs to the Subject PropeIty.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS. The City will construct City Project #06-05 if the
City Council determines it is in the City's best interest to do so ("Public Improvements").
2. SPECIAL ASSESSMENT. If the Public Improvements are constructed, the City
will assess the pIincipal amount of $1,308,078.92 against the Subject Property for the Public
Improvements. The assessment shall be spread over seven (7) years, together with six and one-half
percent (6V2 %) interest per year on the unpaid balance. Interest shall accrue from November 13,
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CHAN:BluffCreek Blvd. Imp. Proj. #06-05
(Degler Parcel- PID #25.02214090)
__ ___~ __._ J
2006. The first installment shall be due and payable with taxes in 2007. The Property Owner
waives any and all procedural and substantive objections to the Public Improvements and special
assessments, 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. S 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
PropeIty Owner and the Property Owner's successors and assigns. This Agreement may be recorded
against the title to the Subject Property.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
PROPERTY OWNER:
GAYLE O. DEGLER, Trustee of the "Gayle O.
Degler Trust" and Trustee of the "Lois 1. Degler
Trust"
LOIS DEGLER, Trustee of the "Gayle O. Degler
Trust" and Trustee of the "Lois J. Degler Trust"
STATE OF MINNESOTA)
( ss.
COUNTY OF eAR VER )
The foregoing instrument was acknowledged before me this day of
, 2006, 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
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2
CHAN:BluffCreek Blvd. Imp. Proj. #06-05
(Degler Parcel- PID #25.02214090)
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,2006, by GAYLE O. DEGLER, Trustee of the "Gayle O. Degler Trust" and
Trustee of the "Lois J. Degler Trust", the Property Owner.
NOT AR Y PUBLIC
STATEOFMINNESOTA )
( ss.
eOUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2006, by LOIS J. DEGLER, Trustee of the "Gayle O. Degler Trust" and
Trustee of the "Lois J. Degler Trust", the PropeIty Owner.
NOTARY PUBLIC
DRAFfED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
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3
CHAN:BluffCreek Blvd. Imp. Proj. #06-05
(Degler Parcel - PID #25.02214090)
CONSENT TO PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
THE PEMTOM LAND COMPANY, a Minnesota corporation, which has a purchasers
interest in the real property described in the foregoing Public Improvement and Special Assessment
Agreement, hereby joins in and consents to the public improvements and special assessments
descIibed in the foregoing Agreement.
Dated:
,2006.
THE PEMTOM LAND COMPANY
BY:
Its
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 2006, by
day of
the
of The Pemtom Land Company, a Minnesota corporation,
on behalf of the corporation.
NOT AR Y PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK:sm
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4
CHAN:Bluff Creek Blvd. Imp. Proj. #06-05
(Degler Parcel - PID #25.02214090)
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of ,2006, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and PETERSON-
JACQUES FARM LAND COMPANY, LLC, a Minnesota limited liability company (the
"Property Owner").
RECITALS
A. Property Owner is the fee owner of the following property located in the City of
Chanhassen, County of County, State of Minnesota (the "Subject PropeI1y"):
PIN #25.0262000
The Southwest Quarter of the Northwest Quarter of Section 26, Township 116
North, Range 23 West; and the East Half of the N011heast QUa11er of Section 27,
Township 116 N011h, Range 23 West, Carver County, Minnesota.
B. Property Owner has requested that the City construct streets, drainage
improvements, trunk waterrnain and trunk sanitary sewer improvements (City Project #06-05) and
assess certain costs to the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR lVIUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS. The City will construct City Project #06-05 if the
City Council determines it is in the City's best interest to do so ("Public Improvements").
2. SPECIAL ASSESSMENT. If the Public Improvements are constructed, the City
will assess the pIincipal amount of $1,102,086.13 against the Subject Property for the Public
Improvements. The assessment shall be spread over seven (7) years, together with six and one-half
percent (6Yz %) interest per year on the unpaid balance. Interest shall accrue from November 13,
125235v02
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1
CHAN:Bluff Creek Blvd. Imp. Proj. #06-05
(Peterson-Jacques Farm Land Parcel- PID #25.0262000)
____..____1
2006. The first installment shall be due and payable with taxes in 2007. The PropeI1y Owner
waives any and all procedural and substantive objections to the Public Improvements and special
assessments, including but not limited to healing requirements and any claim that the assessment
exceeds the benefit to the Subject PropeI1y. The Property Owner waives any appeal lights otherwise
available pursuant to Minn. Stat. S 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded
against the title to the Subject PropeI1y.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
PROPERTY OWNER:
PETERSON-JACQUES FARM LAND
COMPANY, LLC
BY:
Its
AND
Its
ST ATE OF MINNESOTA)
( ss.
eOUNTYOFCARVER )
The foregoing instrument was acknowledged before me this day of
, 2006, 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
125235v02
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2
CHAN:Bluff Creek Blvd. Imp. Proj. #06-05
(Peterson-Jacques Farm Land Parcel - PID #25.0262000)
_~__ __J
STATE OF MINNESOTA )
( ss.
COUNTY OF )
day of
The foregoing instrument was acknowledged before me this
, 2006, by and by
the and of Peterson-Jacques Farm
Land Company, LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFfED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK:sm
l25235v02
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CHAN:BluffCreek Blvd. Imp. Proj. #06-05
(Peterson-Jacques Farm Land Parcel - PID #25.0262000)
3
I
I
__~_J
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of ,2006, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and NDI
MINNESOT A, LLC, a Minnesota limited liability company (the "PropeIty Owner").
RECITALS
A. Property Owner is the fee owner of the following property located in the City of
ehanhassen, County of County, State of Minnesota (the "Subject Property"):
PIN #25.0232300
(See Exhibit HA" attached hereto.)
B. Property Owner has requested that the City construct streets, drainage
improvements, tlUnk watermain and trunk: sanitary sewer improvements (City Project #06-05) and
assess certain costs to the Subject Property.
NOW, TImREFORE, IN CONSIDERATION OF TImIR MUTUAL COVENANTS
TIm PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS. The City will construct City Project #06-05 if the
City Council deteImines it is in the City's best interest to do so ("Public Improvements").
2. SPECIAL ASSESSMENT. If the Public Improvements are constlUcted, the City
will assess the pIincipal amount of $651,075.54 against the Subject Property for the Public
Improvements. The assessment shall be spread over seven (7) years, together with six and one-half
percent (6Yz %) interest per year on the unpaid balance. Interest shall accrue from November 13,
2006. The first installment shall be due and payable with taxes in 2007. The Property Owner
waives any and all procedural and substantive objections to the Public Improvements and special
assessments, including but not limited to hearing requirements and any claim that the assessment
125239v02
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1
CHAN/Bluff Creek Blvd. Imp. Proj. #06-05
(ND! Minnesota, LLC Parcel- PID #25.0232300)
exceeds the benefit to the Subject Property. The Propelty Owner waives any appeal rights otherwise
available pursuant to Minn. Stat. S 429.081.
3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded
against the title to the Subject Property.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager
PROPERTY OWNER:
NDIMUNNESOTA,LLC
BY:
Its
AND
Its
STATE OF MINNESOTA )
( ss.
eOUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2006, 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 authOlity granted by its City Council.
NOT AR Y PUBLIC
125239v02
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2
CHAN/BluffCreek Blvd. Imp. Proj. #06-05
(ND! Minnesota, LLC Parcel - PID #25.0232300)
STATE OF MINNESOTA
COUNTY OF
)
( ss.
)
The foregoing instrument was
,2006, by
acknowledged before me this
and by
ilie Md
Minnesota limited liability company, on behalf of the company.
DRAFTED BY:
CA1\1PBELL KNuTSON
Professional Association
3 17 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK:sm
125239v02
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l
day of
of NDI Minnesota, LLC, a
NOT AR Y PUBLIC
3
CHAN/BluffCreek Blvd. Imp. Proj. #06-05
(ND! Minnesota, LLC Parcel- PID #25.0232300)
EXHIBIT "A"
PID #25.0232300
The NOIthwest Quarter of the Northwest QUaIter of Section 26, Township 116, Range 23, Carver
County, Minnesota (referred to herein as Tract A).
ALSO: Commencing at the Southwest corner of Section 23, Township 116, Range 23; thence
running NOIth on Section line 30 feet; thence in a straight line to a point on the South Section line of
said Section, 30 feet East of the Southwest corner of said Section; thence West 30 feet to said
Southwest corner of said Section and place of beginning. Being a three-cornered piece in
Southwest corner of said Section 23, Township 116, Range 23.
ALSO: Beginning at the southeast corner of the Northwest QUaIter of the NOIthwest Quarter of
Section 26, Township 116 North of Range 23 West; thence south along the quarter-quarter section
line a distance of 800 feet to Carver County Road No. 14; thence east along the north line of said
Carver County Road No. 14 a distance of 26 feet; thence north parallel to the aforementioned
qUaIter-quaIter section 827 feet to a point 26 feet north of the east-west qUaIter-quaIter section line
of the Northwest QUaIter of said Section 26; thence West a distance of 26 feet to the quarter-quarter
section line; thence south a distance of 26 feet to place of beginning (refened to herein as Tract B).
EXCEPT: That paIt of Tract A which lies Easterly of Line 1 described below:
Line 1: Commencing at the north qUaIter corner of said Section 26; thence run west on an
azimuth of 271 degrees 56 minutes 13 seconds along the nOIth line of said section for
1634.23 feet to the point of beginning of Line 1 to be described; thence on an azimuth of
124 degrees 59 minutes 41 seconds for 366.71 feet; thence on an azimuth of 179 degrees 51
minutes 07 seconds for 478.28 feet; thence on an azimuth of 225 degrees 16 minutes 10'
seconds for 201.73 feet; thence on an azimuth of 218 degrees 08 minutes 53 seconds for
606.64 feet to a point on the south line of said Northwest QUaIter of the NOIthwest Quarter
and there terminating.
and EXCEPT that part of Tract B which lies Northwesterly and Southwesterly of Line 2 described
below:
Line 2. Commencing at the point of termination of Line 1 described above; thence run east
on an azimuth of 91 degrees 23 minutes 44 seconds along the south line of the North Half of
the Northwest Quarter of said section for 556.16 feet to the point of beginning of Line 2 to
be described; thence on an azimuth of 218 degrees 00 minutes 59 seconds for 448.73 feet;
thence on an azimuth of 200 degrees 42 minutes 57 seconds for 323.97 feet; thence on an
azimuth of 105 degrees 08 minutes 31 seconds for 351.75 feet; thence on an azimuth of 99
degrees 25 minutes 54 seconds for 510.00 feet and there terminating.
Together with light of access retained in Quit Claim Deed Document No. 310751 pursuant to
Access Driveway Permit dated August 26,2002.
125239v02
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4
CHAN/Bluff Creek Blvd. Imp. Proj. #06-05
(ND! Minnesota, LLC Parcel - PID #25.0232300)
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