City Council Resolution 2013-36CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-036
APPROVING AGREEMENTS OF ASSESSMENT AND WAIVER OF IRREGULARITY
AND APPEAL WITH BRUCE AND DENISE MEDLOCK AND MICHAEL AND
PATRICIA GALANTE (PID 155 - 500 - 104200) AND WITH TIMOTHY AND JOYCE
GENUNG (PID 155- 500 - 104100) FOR ELM STREET PAVING IMPROVEMENTS,
ASSOCIATED WITH WEST 7TH, STREET EXTENSION IMPROVEMENTS,
CITY PROJECT NO. 12CO02
WHEREAS, the Monticello City Council, at a public hearing held on April 22, 2013, reviewed
the Feasibility Report for the West 7th Street Extension Improvements, City Project No. 12C002,
including a proposal for the making of improvements to a section of Elm Street south of 7th
Street to the I -94 terminus, consisting of paving a 24 foot wide rural section; and
WHEREAS, the Monticello City Council ordered improvements for Elm Street paving to be bid
as an alternate to the West 7th Street Extension Improvements, City Project No. 12C002; 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 4.75 %, with the intent of collecting
reimbursement on the paving improvements as provided in Agreements of Assessment and
Waiver of Irregularity and Appeal; and
WHEREAS, a signed Agreement (Attachment "A ") has been received from Bruce L. and Denise
M. Medlock and Michael A. and Patricia L. Galante, owners of benefitting property identified as
PID 155- 500 - 104200, and as legally described in Attachment "A "; and
WHEREAS, a signed Agreement (Attachment "B ") has been received from Timothy H. and
Joyce C. Genung, owners of benefitting property identified as PID 155 -500- 104100, and as
legally described in Attachment "B "; and
WHEREAS, benefitting property owners were informed that planned improvements will be
constructed to rural specifications; at such time that the road would be upgraded to urban
specifications, the properties adjacent to the road would be subject to additional special
assessments;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COCNCIL OF MONTICELL 0,
MINNESOTA: that the City Council approves the Agreements of Assessment and Waiver of
Irregularity and Appeal as signed and received from benefitting property owners; said
assessments will be assigned to the benefitting properties with 2014 as the first payable year.
ADOPTED BY the Monticello City Council this 13th day of May, 2013.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff O' ity Administrator
ATTACHMENT "A"
INSERT AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND
APPEAL - BRUCE AND DENISE MEDLOCK AND MICHAEL AND PATRICIA
GALANTE (PID 155 - 500 - 104200)
JA
Agreement of Assessment and Waiver of Irregularity and Appeal
THIS AGREEMENT, subject to City Council approval, is made this _l3 day of
2013, between the City of Monticello, State of Minnesota, hereinafter
referred W as "the City," and Bruce nd Denise M. Medlock, hereinafter referred to as
"Owner." edniock
"Owner."
and Michael A. Galante and Patricia L.Gilante, hereinafter referred to as
In consideration of action by the City Council, at the Owner's request, to cause the assessment
of street improvements benefiting parcel 155 - 500 - 104200, as legally described in Attachment A,
for $11,000.00, over 10 years, at an interest rate of 4.75% per annum, with 2014 as the first
payable year. Owner expressly waives objection to any irregularity with regard to the said
assessments and any claim that the amount thereof levied against Owner's property is
excessive, together with all rights to appeal in the courts.
BRUCE L. MEDLOCK
MICHAEL A. GALANTE
Signature Signature
DENISE M. MEDLOCK
PATRICIA L. GALANTE
�, R 00,
;;,o/
By: [tom By:
Signature Signature
We e l !4 G� (are arm � 'iG, Ili, z (a�iicc�
In testimony, whereof Bruce L. Medlock and Denise M. Medlock have hereunto set their hand,
this 4ay of )2013.
Notary Public:
Date: Y--z� -.-w/ 3
(STAMP VICKI JAN LEERHOFF
Notary Public- Minnesota
My Commission Expires Jan 31, 2016
. d
• MARY
NOTARY PUBLIC • IOTA
1111 QOMMNSSION DAM 01/31116
This agreement is hereby adopted by Resolution #2013 -0A of the City Council of the City of
Monticello on the _1 day of -12013.
MAYOR CLINT HERBST
By:
Signature
CITY ADMINISTRATOR JEFF O'NEILL
B
Y�
Sianatk
In testimony, whereof, the M y r and th Ci y Administrator of the City of Monticello, have
hereunto set their hand, this ay of , 2013.
Notary Public: s
Date:
(STAMP)
KERRY T. BURT
' NOTARY PUBLIC - MIMk OSOTA
My Commission F.xgres Jan. 31, 2015
This document was prepared by the City of Monticello.
Please return to: City of Monticello
Attn Deputy Clerk
505 Walnut St, Suite 1
Monticello MN 55362
ATTACHMENT "A"
LEGAL DESCRIPTION OF PID 155 - 500 - 104200
That part of Lot B of the Southeast Quarter of Section 10, Township 121, Range 25,
Wright County, Minnesota, according to the recorded plat thereof, which lies
northeasterly of the northeasterly right of way line of Interstate Highway Number 94,
except therefrom the following described tract: Commence at a stake in the center of a
highway at a point where same intersects the north line of the Northeast quarter
of the Southeast Quarter of said Section 10, said point of intersection being 9.19 chains
east from the northwest corner of said Northeast Quarter of the Southeast Quarter; thence
O
west on the quarter section line 700.00 feet to a point; thence deflect 117 09' left, 527.30
feet to a stake in the middle of the road, said point being in the southeasterly boundary line
of said Lot B; thence northeasterly in the middle of the road to the point of beginning.
Caption amended September 23, 1997 at 8 A.M. to include:
That part of Lot B of the Southeast quarter of Section 10, Township 121, Range 25, Wright
County, Minnesota described as follows: Commencing at a point in the center of a public
road at a point where same intersects the north line of the Northeast Quarter of said
Southeast Quarter being 9.19 chains east of the northwest corner of said Northeast Quarter
of the Southeast Quarter; thence west on the quarter line, a distance of 700.00 feet to the
point of beginning of the land to be described; thence deflect 11790' left along a line
hereinafter referred to as Line A. to the center line of said public road being the
southeasterly line of said Lot B; thence northeast along said center line to the intersection of
a line distant 12.00 feet northeast of, measured at a right angle to and parallel with said Line
A; thence northwesterly along said parallel line to said quarter Line; thence west along said
quarter line to the point of beginning.
ATTACHMENT "B"
INSERT AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND
APPEAL - TIMOTHY AND JOYCE GENUNG (PID 155- 500 - 104100)
J h
Agreement of Assessment and Waiver of Irregularity and Appeal
THIS AGREEMENT, subject to City Council
_M , 2013, between the City of
referred as "the City ", and Timothy H. and J
"Owner." Genung
approval, is made this 4A, day of
Monticello, State of Minnesota, hereinafter
Dyce C. Genung, hereinafter referred to as
In consideration of action by the City Council, at the Owner's request, to cause the assessment
of street improvements benefiting parcel 155 - 500 - 104100, as legally described in Attachment A,
for $11,000.00, over 10 years, at an interest rate of 4.75% per annum, with 2014 as the first
payable year. Owner expressly waives objection to any irregularity with regard to the said
assessments and any claim that the amount thereof levied against Owner's property is
excessive, together with all rights to appeal in the courts.
TIMOTHY H. GENUNG
Signature
JOYCE. C. GENUNG
By: C
ignat r
In testimony, whereof, Timothy H. Genung and Joyce C. Genung, have hereunto set their hand,
this UV day of , ® -12013.
Q
Notary Public: \_
Date: \ 7. ''—o' ® Z. 3't
(STAMP)
DEBRA A. WARD
.� 1M1 TNW PU8W - MINNESOTA
'i My COfm1ftm EON Jan. 31, 2015
This agreement is hereby adopted by Resolution #20134U of the City Council of the City of
Monticello on the day of 12013.
MAYOR CLINT HERBST
By: /� ,
Signature
CITY ADMINISTRATOR JEFF O'NEILL
By:
Sign
In testimony, whereof, the ayor and th City Administrator of the City of Monticello, have
hereunto set their hand, this day of , 2013.
Notary Public: `
Date:
(STAMP)
:: KERRY T. BURRI
NARY PUBW • MINNESOTA
,. * Commis*n Eghs Jat+. 31.2015
This document was prepared by the City of Monticello.
Please return to: City of Monticello
Attn Deputy Clerk
505 Walnut St, Suite 1
Monticello MN 55362
ATTACHMENT "A"
LEGAL DESCRIPTION OF PID 155 -500 - 104100
A tract of land in Lot B of Southeast Quarter (SE 1 /4) of Section Ten (10), Township One
Hundred Twenty -one (121), Range Twenty -five (25), described as follows: Commence at a
stake in the center of a highway at a point where same intersects the North line of Northeast
Quarter of Southeast Quarter (NE 1/4 of SE 1 /4) of Section 10 said point of intersection being
9.19 chains east from the Northwest corner of said NE1 /4 of SE1 /4; thence West on quarter
section line 700 feet to a point; thence deflect 117 °09' left for a distance of 527.2 feet to a
stake in the middle of the road, said point being in the Southeasterly boundary line of said
Lot B; thence Northeasterly in the middle of the road to the point of beginning, said tract
being the Northeasterly 3.22 acres, more or less, of Lot B of SE1 /4 of Section 10, To- %xns ip
121, Range 25, as surveyed and recorded in Book One (1) of Sectional Plats, page 566 on
May 4, 1886, at 9:00 a.m.
Subject to easements, restrictions and reservations of record, if any.
�ei — —�D 111 r
Barb Gabrelcik, Wright County Recorder -- te----
REJECTION NOTICE — ABSTRACT DIVISION
To: e_3 ®+ C e11-o
Re: em elv7tls
Date '' C
t
Reply Attn:
Please Return Reiection Notice With Your Documents.
Wright County Recorder
10 Second St NW, Rm 210
Buffalo, MN 55313 -1196
Direct Dial: 763 - 682 -7357 or 1- 800 - 362 -3667, ext. 7357
Fax: 763- 684 -4558
www.co.wri2ht.mn.us /department /recorder /landtitle
Documents are being returned for reason(s) checked below:
Rejected by Auditor - Treasurer (see attached)
Document is not sufficiently legible to be reproduced. (MS507.093)
Original signatures or certified copies are required. (MS507.25)
Pate(s) on document is missing. (MS507.24)
Grantors marital status must be indicated (single, married or husba *-]-.-and wife ). (MS507.02)
Notary stamp is illegible. (MS507.24) �j /
Notary acknowledgment is not complete (MS507.24). It needs: ��' `� e ` 9cd
2 County Date
County /State of venue Grantor /grantee names &o' n
ra Notary expiration Notary signature
Notary stamp /seal Needs corp. or partner. acknowledgment
Document number of mortgage referenced is incorrect or missing.
Corrective documents require new signature(s) and acknowledgment(s), must be specific as to reason for
re- recording and include original recording information.
Needs drafting statement - include name & address. (MS507.091)
Needs name and address of taxpayer. (MS507.092)
Needs well certificate or statement:
"Seller certifies that the seller does not know of any wells on described property." (MS103I.235)
$50.00 Well Certificate Fee
Needs Certificate of Real Estate Value or total consideration statement for minimum deed tax. (MS287.21)
Treasurer needs $5.00 Ag Fee for each deed /mortgage (payable to Wright County Treasurer).
Check(s) unsigned. OR No check enclosed.
Require separate checks for recording fees (to Wright County Recorder) and
SDT /MRT /Ag fees (to Wright County Treasurer).
Require separate checks for Abstract and Torrens departments, also any UCCs filed in personal property records.
Recording fee is insufficient /too much: Resubmit with $
Additional fee $ required for document citing multiple assignments, partial releases or
satisfactions (MS357.18).
Not recordable in Wright County; record in
Other
County.
(MS507.24)
PLEASE REVIEW: All 5 of the acknowledgments are missing the state /county
portion of the jurat. On the Medlock /Galante document - -it is not clear whom Leerhoff or
Hoogenakker are acknowledging - -each must be specified separately. Hoogenakker's
acknowledgment is missing the acknowledgment statement. Also, please review the
acknowledgment statement with your attorney for future documents as this seems to be
an outdated /obscure verba9e. Please call if you have any questions.
PLEASE MARK DOCUMENTS ABSTRACT OR TORRENS. (MS 386.071)
(See link on website for Torrens list)
To expedite the return of your recorded documents, please submit a self - addressed and stamped envelope
sized and stamped to accommodate the number of documents /pages sent for recording.
JUL -6
�E":.. JAY. T�. t14Fi!,- 3+ �+ KYdollt]C' fY' AFY•f V�4 :a.�"4,'AI.'�1:f4::F�u:i:;iW:.' F'S'2MYNit��'Y�R,�.' -: %'cif
Grantors marital status must be indicated (single, married or husba *-]-.-and wife ). (MS507.02)
Notary stamp is illegible. (MS507.24) �j /
Notary acknowledgment is not complete (MS507.24). It needs: ��' `� e ` 9cd
2 County Date
County /State of venue Grantor /grantee names &o' n
ra Notary expiration Notary signature
Notary stamp /seal Needs corp. or partner. acknowledgment
Document number of mortgage referenced is incorrect or missing.
Corrective documents require new signature(s) and acknowledgment(s), must be specific as to reason for
re- recording and include original recording information.
Needs drafting statement - include name & address. (MS507.091)
Needs name and address of taxpayer. (MS507.092)
Needs well certificate or statement:
"Seller certifies that the seller does not know of any wells on described property." (MS103I.235)
$50.00 Well Certificate Fee
Needs Certificate of Real Estate Value or total consideration statement for minimum deed tax. (MS287.21)
Treasurer needs $5.00 Ag Fee for each deed /mortgage (payable to Wright County Treasurer).
Check(s) unsigned. OR No check enclosed.
Require separate checks for recording fees (to Wright County Recorder) and
SDT /MRT /Ag fees (to Wright County Treasurer).
Require separate checks for Abstract and Torrens departments, also any UCCs filed in personal property records.
Recording fee is insufficient /too much: Resubmit with $
Additional fee $ required for document citing multiple assignments, partial releases or
satisfactions (MS357.18).
Not recordable in Wright County; record in
Other
County.
(MS507.24)
PLEASE REVIEW: All 5 of the acknowledgments are missing the state /county
portion of the jurat. On the Medlock /Galante document - -it is not clear whom Leerhoff or
Hoogenakker are acknowledging - -each must be specified separately. Hoogenakker's
acknowledgment is missing the acknowledgment statement. Also, please review the
acknowledgment statement with your attorney for future documents as this seems to be
an outdated /obscure verba9e. Please call if you have any questions.
PLEASE MARK DOCUMENTS ABSTRACT OR TORRENS. (MS 386.071)
(See link on website for Torrens list)
To expedite the return of your recorded documents, please submit a self - addressed and stamped envelope
sized and stamped to accommodate the number of documents /pages sent for recording.