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City Council Resolution 2015-32CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-032 APPROVING ASSESSMENT AGREEMENT WITH KIMBERLY J. LIETZAU- CHESSEN (PID 155 - 010 - 049080) SEWER AND WATER IMPROVEMENTS AT 413 WEST BROADWAY WHEREAS, the Monticello City Council, at a regular public meeting held on February 9, 2015, agreed to pay $2,312.50 toward improvements at 413 West Broadway and authorized staff to draft an assessment agreement with the homeowner for the remainder of the unpaid portion of the improvements; and WHEREAS, the Monticello City Council authorized staff to draft an assessment agreement with the homeowner for the remainder of the unpaid $6,937.50 balance of the improvements; and WHEREAS, the City is willing to enter into an assessment agreement with benefitting property owners over a period of ten (10) years at an interest rate of 5.25 %, with the intent of collecting reimbursement on the improvements as provided in the Assessment Agreement, which contains unconditional waiver of appeal; and WHEREAS, a signed Agreement (Attachment "A ") has been received from Kimberly J. Lietzau- Chessen, owner of benefitting property identified as PID 155- 010 - 049080, and as legally described in Attachment "A "; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the City Council approves the Assessment Agreement as signed and received from benefitting property owner and said assessments will be assigned to the benefitting property with 2016 as the first payable year. ADOPTED BY the Monticello City Council this 27th day of April, 2015. CITY OF MOIXTICELLO Brian Stumpf, Mayor ATTEST: Kerry Burri, terim City Clerk ATTACHMENT "A" INSERT ASSESSMENT AGREEMENT - KIMBERLY J. LIETZAU - CHESSEN (PID (155- 010 - 049080) RETURN TO: Office of City Clerk City of Monticello 505 Walnut St, Suite 1 Monticello MN 55362 MAY -1 2015., r � (reserved for recording purposes) Property Owner(s): Kimberly J. Lietzau- Chessen owaw >A Doc. No. A1287113 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and /or Recorded on May 07, 2015 12:30 PM Fee: $46.00 Barb Gabrelcik, County Recorder Property Address: 413 West Broadway, Monticello MIN 55362 Legal Description: The Southerly 110 feet of Lots 8, 9, & 10, Bloch 49, Townsite of Monticello, Wright County, Minnesota Property ID: 155- 010 - 049080 ASSESSMENT AGREEMENT Representing Kimberly J. Lietzua - Chessen , I hereby agree to allow the City of Monticello to assess for Sewer and Water Improvements at the above property as listed below. These charges TOTAL THE AMOUNT OF $6937.50 This amount shall be assessed against the development property as follows: A. The Development property will be assessed $6937.50 pursuant to Minn. Stat. § 429.011, et seq. B. The assessment amount will be payable over ten years, including interest at the rate of 5.25% (percent) per annum computed on the unpaid balance. C. The assessment is deemed adopted on the date this contract is signed by the parties. The assessment amount will start to accrue interest on the date adopted by the Monticello City Council, with the first installment payable as part of the collectible 2016 taxes. D. Developer hereby waives unconditionally all procedural and substantive objections to the assessment including, but not limited to, any rights to hearing requirements and any claim that the assessment constitutes a special benefit or that the amount of the assessment exceeds the special benefit to the Development property. The Developer further waives any appeal rights otherwise available pursuant to Minnesota Statutes § 429.081 or other laws. E. Kimberly J. Lietzau - Chessen , hereby waives public hearing notice requirements associated with special assessment for the improvements as described above. F. This Agreement shall be recorded against the title to the subject property and shall be binding upon Owner,. its /their assigns, heirs and successors in interest. PROPERTY OWNER: BY: e Kimberly letzau- Chessen, a Single Person STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 21 st day of April, 2015, by Kimberly J. Lietzau- Chessen, property owner, on her behalf. NOTARY `"if VICKI JAN LEERHOFF Notary Public - Minnesota My Carrnlallon E*fas Jan 31, 2016 CITY OF MONTICELLO BY: Brian Stumpf, Mayor (CITY SEAL) FT OF STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) Jeff VWity Administrator The foregoing instrument was acknowledged before me this � ay of , 2015, by Brian Stumpf and by Jeff O'Neill, respectively the Mayor and City Administrator of th City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. T. NOTARY PUBLIC -- . KERRY T. BURRI M _ NOTARY PUBLIC - MINNESOTA Drafted by: 'My Commission Expires Jan. 31, 2020 y Marie Weinand, City Clerk AAA, AAAAA -ow. City of Monticello 505 Walnut St, Suite 1 Monticello MN 55362