Loading...
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.