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City Council Resolution 2015-36CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-036 DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL FOR NORTHERN STATES POWER COMPANY DBA XCEL ENERGY — FIRST LAKE SUBSTATION WHEREAS, the owner is the owner of that certain parcel of real property situated in Wright County, Minnesota, legally described as Exhibit "A" attached hereto and incorporated herein ( "Subject Property "). WHEREAS, the owner acknowledges that the Subject Property will benefit from the City providing municipal governmental services including roadway, sidewalk, street lighting, sanitary sewer, water and utilities for the extension of School Boulevard /Dalton Avenue fronting the Subject Property ( "Project "). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA AS FOLLOWS: 1. The Subject Property will hereby be assessed in the future by the City for the Project in the amount of One Hundred Ninety -eight Thousand Four Hundred ($198,400) Dollars, and the City and Owner agree that this amount shall be assessed by the City in connection with the Project. This amount shall be assessed against the Subject Property payable over ten (10) years, including interest at the rate of the Prime Rate of Interest plus two percent (2 %) per annum computed on the unpaid balance. The first installment of the assessment will become payable upon substantial completion of the street extension contract. Prime Rate shall be the prime rate announced daily in the Wall Street Journal ( "Prime Rate "). If the Wall Street Journal ceases to publish the Prime Rate, then the Prime Rate shall be the rate of interest quoted in the Federal Reserve Statistical Release, Selected Interest Rates (H.R. 15). If a range is shown for the Prime Rate, then the highest number in the range shall be utilized. 2. The Assessments shall be deemed adopted on the date this Agreement is signed by the City. The Owner, by signing this Agreement, acknowledges that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owner, its successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owner further waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. If the actual construction costs differ from the current estimates, the City reserves the right to reassess or to proceed with a supplemental assessment as authorized by Minnesota Statutes § 429.071 and Owner preserves its appeal rights pursuant to § 429.081 regarding any supplemental or reassessment. 3. Owner will convey to the City at no cost contemporaneously with the execution of this Agreement, the temporary and permanent easements necessary for the Project. All or any portion of the permanent easements granted herein shall be released upon the dedication of a corresponding easement on any future plat. The easements shall include the necessary consents from any mortgagee or other party having an interest in the easement area. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the parties have executed this Agreement. CITY OF MONTICELLO By: Zil Brian Stumpf, Its yor (SEAL) And of eill, Its City Administrator STATE OF MINNESOTA ( SS. COUNTY OF WRIGHT ) Tie foregoing instrument was acknowledged before me this y of 2015, by Brian Stumpf and by Jeff O'Neill, the Mayor and City Administrator of keTity of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. l � c Notary Pu lic KERRY I BURRI NOTARY PUBLIC - MINNESOTA �My Commission Expires Jan. 31, 2020 EXHIBIT A Legal Description That part of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 121 North, Range 25 West, Wright County, Minnesota, described as follows: The North 544.51 feet of the West 799.29 feet of the Southwest Quarter of the Southwest Quarter of Section 10, Township 121 North, Range 25 West, Wright County, Minnesota. Subject to easements of record. Abstract property.