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HomeMy WebLinkAboutCity Council Resolution 2007-473CITY OF PLYMOUTH RESOLUTION NO. 2007-473 APPROVING SPECIAL ASSESSMENT AGREEMENT 440 QUEENSLAND LANE (PIN 31-118-22-42-0003) 2007 STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 7101 WHEREAS, pursuant to proper notice duly given as required by law, the Council met and heard and passed upon all objections to the proposed assessment for the improvement of the area located west of County Road 101 to, and including, Queensland Lane, from the Luce Line Trail to 6th Avenue, including 2"a Avenue and -1 Avenue west of Queensland Lane, and Narcissus Lane north of 6th Avenue, but excluding 6th Avenue east of Queensland Lane, excluding the property of 3 1- 118-22-42-0003 by reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation and repair, storm sewer installation and repair, and all necessary appurtenances; and WHEREAS, the City and owner of 440 Queensland Lane (PIN 31-118-22-42-0003) have mutually agreed to a Special Assessment Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed Special Assessment Agreement, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each 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 Current Assessment identified in the Special Assessment Agreement shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2008, and shall bear interest at the rate of 5.2% per annum for a 10 year assessment period from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Deferred Assessment identified in the Special Assessment Agreement shall be deferred until the property is subdivided. If the subdivision of the property results in an additional access onto Queensland Lane, the deferred assessment shall be levied such that the last installment thereof will be payable not more than one year after the levy of the assessment, with interest at the rate of 5.2% per annum with interest accruing from the date of the levy of the assessment to the date that the assessment and interest thereon are paid in fill. If subdivision does not result in an additional access onto Queensland Lane or if the property is not subdivided within thirty (30) years of this agreement, the deferred assessment shall be waived by the City. 4. The owner may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time thereafter, pay the City Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 29 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, Resolution No. 2007-473 Page 2 of 2 within 30 days from the adoption of the resolution, make a partial prepayment of at least $100 to the City Treasurer. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 5. 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. Adopted by the City Council on November 13, 2007. 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 November 13, 2007 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