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HomeMy WebLinkAboutCity Council Resolution 2014-193CITY OF PLYMOUTH RESOLUTION No. 2014-193 A RESOLUTION APPROVING AN ASSESSMENT AGREEMENT 18040 MEDINA ROAD (PID 18-118-22-43-0001) MEDINA ROAD AREA EDGE MILL AND OVERLAY PROJECT (14014) WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the streets located south of Medina Road, east of the City of Medina, and north of County Road 24 excluding the Bridlewood and Churchill Farms subdivisions and the cul-de-sac on Lawndale Lane north of CR 24, and Medina Road from Dunkirk Lane to the City limits, and the cul-de-sacs on Troy Lane and 391h Avenue directly north of Medina Road by edge mill and overlay of bituminous pavement, replacement of concrete curb and gutter, and all necessary appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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 of $1,000 shall be payable in equal annual installments extending over a period of five (5) years, the first installment to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 2.78% per annum for a 5 -year assessment period from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the resolution until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. 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 with interest accrued to the date of payment to the City of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid by October 31, 2014 and he may at any time there after, pay the City of Plymouth Finance Department 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 by November 15 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, until October 31, 2014, make a partial payment of a least $100 to the City of Plymouth Finance Department. 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 November 15 of the year in which such prepayment is made. 4. The deferred assessment of $9,853.43 shall be deferred without interest until the Subject Property is subdivided. When the deferment ends the assessment shall be spread over five (5) years, together with 4.25% interest on the unpaid balance from the date of the end of the deferment. The first installment shall be payable the year following the end of the deferment. In any event, when the assessment becomes payable it shall be divided into a number of installments such that the last installment thereof will be payable not more than 30 years after the levy of the assessment. If the deferment does not end within fifteen (15) years the deferred assessment shall be waived by the City. 5. 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 with interest accrued to the date of payment to the City of Plymouth Finance Department, 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 there after, pay the City of Plymouth Finance Department 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 by November 14 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the resolution, make a partial payment of a least $100 to the City of Plymouth Finance Department. 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. 6. The Clerk shall forthwith transmit a certified duplicate of this Current 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 this 10th day of June, 2014. 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 10, 2014, 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 SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this 10th day of June, 2014, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and MAUDE G. JORDAN TRUSTEE (the 'Property Owner"). RECITALS A. Property Owner is the fee owner of the following described property in the City of Plymouth, County of Hennepin, State of Minnesota, hereinafter referred to as the "Subject Property": PIN 18-118-22-43-0001 Legal Description: Beg At The Intersection Of Ctr Line Of Medina Road With The W Line Of E 290 Ft Of W 1/2 Of Se 1/4 Th N Along Said W Line Dis 553 2/10 Ft Th Def Left 88 Deg 06 Min To The Intersection With The Ctr Line Of Said Medina Road Th Sely Along Said Ctr Line To Beg Ex Road, Hennepin County, Minnesota. B. On May 13, 2014, the City Council adopted Resolution No. 2014-163 levying a special assessment against the Subject Property for Project No. 14014. C. Subject Property Owner filed an objection to the special assessment against the Subject Property prior to the City adopting Resolution No. 2014-163. D. The parties wish to restructure the special assessment. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SPECIAL ASSESSMENT FOR PROJECT NO. 14014. The special assessment for Project No. 14014 against the Subject Property is $10,853.43. The special assessment is divided into a current assessment of $1,000 and a deferred assessment of $9,853.43. 2. CURRENT ASSESSMENT. The current assessment of $1,000 shall be payable in equal annual installments extending over a period of five (5) years, the first installment to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 2.78% per annum for a 5 -year assessment period from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the resolution until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 with interest accrued to the date of payment to the City of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid by October 31, 2014 and he may at any time there after, pay the City of Plymouth Finance Department 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 by November 15 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, until October 31, 2014, make a partial payment of a least $100 to the City of Plymouth Finance Department. 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 November 15 of the year in which such prepayment is made. 3. DEFERRED ASSESSMENT. The deferred assessment of $9,853.43 shall be deferred without interest until the Subject Property is subdivided. When the deferment ends the assessment shall be spread over five (5) years, together with 4.25% interest on the unpaid balance from the date of the end of the deferment. The first installment shall be payable the year following the end of the deferment. In any event, when the assessment becomes payable it shall be divided into a number of installments such that the last installment thereof will be payable not more than 30 years after the levy of the assessment. If the deferment does not end within fifteen (15) years the deferred assessment shall be waived by the City. 4. OBJECTION WITHDRAWAL AND WAIVER. The Property Owner withdraws their written objection to the special assessment and waives any and all procedural and substantive objections to the public improvement and special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 5. PRIOR AGREEMENTS. All prior agreements and understandings are superseded by this Agreement. 6. 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 PLYMOUTH (SEAL) N Kelli Slavik, Mayor Dave Callister, City Manager PROPERTY OWNER: Maude G. Jordan Trustee STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014, by Kelli Slavik and by Dave Callister, respectively the Mayor and City Manager of the City of Plymouth, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by Maude G. Jordan Trustee. NOTARY PUBLIC