HomeMy WebLinkAboutCity Council Resolution 2020-183
C ITY OF P LYMOUTH
R ESOLUTION N O. 2020-183
R ESOLUTION A PPROVING S PECIAL A SSESSMENT A GREEMENT FOR
TH
P ROPERTY L OCATED AT 12901 16 A VENUE N ORTH (2020019)
WHEREAS, the property owner has incurred additional costs as a result of a recent SAC review by
Th
the Metropolitan Council for the site located at 12901 16 Avenue North, legally described as follows:
Lot 3, Block A, Plymouth Orchards, except the westerly 30.00 feet thereof.
And
That part of vacated Orchard Avenue as dedicated in Plymouth Orchards, Hennepin Co., MN,
According to the recorded plat thereof, which lies west of the southerly extension of the east line
of Lot 3, Block A, of said Plymouth Orchards, Hennepin Co. MN, and which lies east of a line 30.00
feet east of and parallel with the west line of said Lot 3, Block A, and its southerly extension; and
WHEREAS, the property owner is unable to afford the total costs due, and
WHEREAS, the property owner has agreed to be specifically assessed for the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and does approve the special assessment agreement, for property located at
12901 16th Avenue North, subject to the following conditions:
1. Such Special Assessment Agreement, a copy of which is attached hereto and made part
hereof, is accepted and shall constitute the special assessment against the land named
therein, and the tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Finance Director, pay the whole of the assessment on such
property to the date of payment to the City of Plymouth Finance Department, and may at
any time thereafter, pay the City of Plymouth Finance Department the entire amount of the
assessment unpaid.
3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Finance Director to be extended on the property tax lists of the County. Such assessments
shall be collected and paid over in the same manner as other municipal taxes.
APPROVED by the City Council on this 9th day of June, 2020.
Res. 2020-183
File 2020019
Page 2
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
June 9, 2020, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this _________day of
___________________.
__________________________________
City Clerk
Res. 2020-183
File 2020019
Page 3
\[Reserved for Recording Data\]
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this ________ day of ________________, 2020 by and between
the City of Plymouth, a Minnesota municipal corporation ("City") and Zoltar Investment Group,
LLC, a Minnesota limited liability company ("Property Owner").
RECITALS
A. Property Owner is the fee owner of the following legally described property in the
City of Plymouth, County of Hennepin, State of Minnesota, with a street address of 12901 – 16th
Avenue North (“Subject Property”):
PIN NO. 27-118-22-24-0003
Lot 3, Block A, Plymouth Orchards, Hennepin Co. MN
B. The Metropolitan Council performed a review of the Metropolitan sewer availability
charges the Subject Property was required to pay and determined that additional charges were due
and owing. As a result of that review, City sewer and water connection charges were recalculated and
additional City charges are also due and owing.
C. Property Owner has requested that the City assess the cost of the additional City water
connection fee of $15,407.00 and City sewer connection fee of $6,039.00 (collectively the "Fees")
against the Subject Property.
NOW THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
Res. 2020-183
File 2020019
Page 4
1. SPECIAL ASSESSMENT. The City will assess the Fees in the amount of
$21,516.00 against the Subject Property. The assessment shall be spread over five (5) years with an
interest rate of 2.67 percent. The first installment shall be due and payable with taxes in 2021. The
Property Owner waives any and all procedural and substantive objections to the Public Improvement
and special assessment, including but not limited to hearing requirements and any claim that the
assessment exceeds the benefit to Subject Property. The Property Owner waives any appeal rights
otherwise available pursuant to Minn. Stat. § 429.081.
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 PLYMOUTH
BY: _______________________________________
Jeffry Wosje, Mayor
(SEAL)
AND ______________________________________
Dave Callister, City Manager
ZOLTAR INVESTMENT GROUP, LLC
BY:
Philip M. Lamers, Chief Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
________________, 2020, by Jeffry Wosje and by Dave Callister, respectively the Mayor and City
Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of said municipal
corporation and pursuant to the authority granted by its City Council.
Res. 2020-183
File 2020019
Page 5
___________________________________________
Notary Public
Res. 2020-183
File 2020019
Page 6
STATE OF MINNESOTA )
( ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _______ day of
_________________, 2020, by Philip M. Lamers, the Chief Manager of Zoltar Investment Group,
LLC, a Minnesota limited liability company, on behalf of said limited liability company.
___________________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED
BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK