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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, 125233v02 RNK:r05/18/2006 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 125233v02 RNK:r05/18/2006 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 RNK:srn 125233v02 RNK:r05/18/2006 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 125233v02 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 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 RNK:r05/18/2006 4 CHAN/Bluff Creek Blvd. Imp. Proj. #06-05 (ND! Minnesota, LLC Parcel - PID #25.0232300) en ..... z w :2 w > zO wO::Ill en 0.. 9 en~lO <(co :I: 0::"'" z<(u <(>w :I:w"" U-lO u.;j0:: 000.. ~~~ -wu Uw 0:: U u. u. ;j -l OJ -l -l o 0:: ..... 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