City Council Resolution 2013-62CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-062
APPROVING AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY
AND APPEAL FOR THE CITY OF MONTICELLO FOR PROPERTY AT 413 WEST
4TH STREET (PI) 155 - 010 - 029020)
WHEREAS, the City of Monticello wishes to enter into an assessment agreement for property at
413 West 4th Street in Monticello over a period of one (1) year at an interest rate of 4.75 %, with
the intent of collecting reimbursement on demolition and nuisance fees as provided in the
Agreement of Assessment and Waiver of Irregularity and Appeal (Attachment "A "); and
WHEREAS, said agreement for assessment contains a provision for deferment of assessment to
the 2015 payable tax year; and
WHEREAS, said agreement for assessment contains an allowance for removal of the assessment
contingent upon substantial completion of a residential single family home upon the subject
property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA: that the City Council approves the Agreement of Assessment and Waiver of
Irregularity and Appeal for the property at 413 West 4th Street identified as PID 155- 010 - 029020.
ADOPTED BY the Monticello City Council this 12th day of August, 2013.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff , City Administrator
ATTACHMENT "A"
INSERT AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND
APPEAL — 413 West 4t" Street (PID 155- 010 - 029020)
Property Owner:
Property Address:
(reserved for recording purposes)
City of Monticello
413 West 4th Street
Legal Description: Lot 3 and part of Lot 2, Block 29, Original Town (Attachment "A ")
PID: 155 -010- 029020
ASSESSMENT AGREEMENT
On this /a- day of , 2013, the CITY OF MONTICELLO, hereby agrees to
certify a special assessment 0 expenditures related to demolition and nuisance fees as adopted
by resolution of the Monticello City Council.
These charges TOTAL THE AMOUNT OF $10,000.00.
This amount shall be assessed against the development property as follows:
A. The Development property will be assessed $10,000.00 pursuant to Minn.
Stat. § 429.011, et seq.
B. The assessment is deemed adopted on the date this contract is signed by the
parties.
C. 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.
D. The CITY OF MONTICELLO hereby waives public hearing notice
requirements associated with the special assessment as described above.
E. 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.
F
(CITY SEAL)
Deferral of Assessment,
1. The assessment amount will be deferred for one (1) year, with the
full installment payable as part of the collectible 2015 taxes.
2. The assessment amount will be payable over one (1) year, including
interest at the rate of four and three- quarter percent (4.75 %) per
annum simple interest computed on the unpaid balance.
If the property is sold and a residential single family home is built to
substantial completion with an occupancy permit issued on or before
October 31St, 2014, the assessment will be removed by the City of
Monticello, and the legally described property will not be subject to
the assessment identified in this agreement. Property owner shall
follow the city's building and zoning ordinances in development of
the property and occupancy permit shall be issued by the city's
Building Official upon completion.
CITY OF MONTICELLO
STATE OF MINNESOTA
( ss.
COUNTY OF WRIGHT
IC
AND
Clint Herbst, Mayor
0,;e (::PAaj
Neill, City Administrator
The foregoing instrument was acknowledged before me this day of 2013, by Clint Herbst and by Jeff O'Neill, respectively the Mayor and City Administrator oAy�ti
o
Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
• e
NOTARY PUBLIC
SI'A1\
UOTPAy KERRY T. - BURRI
MINN
Document prepared by: myco= P onEVIT MINNESOTA
City of Monticello w.. My C�mmisslun Ex�res ,Ian, 31, 2016
505 Walnut St, Suite 1
Monticello MN 55362
CMS
(return recorded document to above address, Attn Deputy Clerk)
ATTACHMENT "A"
LEGAL DESCRIPTION FOR PID 155 -010- 029020
Lot 3, Block 29, and Lot 2, Block 29, except the northwesterly 33 feet thereof, said
northwesterly 33 feet of Lot 2 being also described as that part of Lot 2 lying northwesterly of a
line drawn parallel to the northwesterly line of said Lot 2 and distant 33 feet southeasterly of said
northwesterly line, all in the Townsite of Monticello.