City Council Resolution 2013-91CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-091
APPROVING AGREEMENT OF ASSESSMENT AND WAIVER OF HEARING AND
CONVEYANCE OF EASEMENTS WITH OCELLO, LLC FOR PROPERTY LOCATED
IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 121, RANGE 25
PID 213 - 100 - 151400
WHEREAS, Ocello, LLC has agreed to enter into an agreement for assessments and conveyance
of easements related to the School Boulevard West Extension, City Project No. 2005 -02C, as
provided in the Agreement of Assessment and Waiver of Irregularity and Appeal (Attachment
"A ") for property legally described as follows:
That part of said Southeast Quarter all in Section 15, Township 121, Range 25, Wright
County, Minnesota, described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence north along the
west line of said Southeast Quarter, a distance of 1170.18 feet to the point of beginning of
the land to be described; thence east parallel with the south line of said Southeast Quarter,
a distance of 723.00 feet; thence north parallel with the west line of said Southeast
Quarter to the north line of said Southeast Quarter; thence west along said north line to
the northwest corner of said Southeast Quarter; thence south along the west line of said
Southeast Quarter to the point of beginning; except that part platted in Groveland 4th
Addition according to the recorded plat thereof, Wright County, Minnesota.
NO W THEREFORE, BE IT RESOL VED B Y THE CITY CO UNCIL OF MONTICELL O,
MINNESOTA: that the City Council approves the Agreement of Assessment and Waiver of
Hearing for the property legally described above and identified as PID 213-100-151400.
ADOPTED BYthe Monticello City Council this 28th day of October, 2013.
CITE' OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff O' ity Administrator
ATTACHMENT "A"
AGREEMENT OF ASSESSMENT AND WAIVER OF HEARING FOR OCELLO, LLC
SCHOOL BOULEVARD WEST EXTENSION, CITY PROJECT NO, 2005 -02C
PID 213- 100 - 151400
ASSESSMENT & EASEMENT AGREEMENT
THIS ASSESSMENT & EASEMENT AGREEMENT ( "Agreement ") is executed this
28th day of October, 2013, by and between the CITY OF MONTICELLO, a Minnesota
municipal corporation ( "City "), and Ocello, LLC, A Minnesota Limited Liability Corporation
( "Owner ").
RECITALS
a) Owner is the owner of that certain parcel of real property situated in Wright County,
Minnesota, legally described in Exhibit "A" attached hereto and incorporated herein
( "Subject Property ").
1. Property ID No.: 213 - 100 - 151400
b) Owner acknowledges that the Subject Property benefits from the following improvement
project: School Boulevard West Extension ( "Project ").
NOW THEREFORE, in consideration of the forgoing recitals, and in consideration of the mutual
promises and covenants and obligations herein set forth, the parties agree to the terms and
conditions hereof.
1. The Subject Property is hereby assessed by the City for the costs of the Project together
with administrative, planning, engineering, legal and financing costs, in the amount of
$212,143.00 ( "School Boulevard West Assessment "). The Project improvements are as
illustrated in the attached Exhibit B. The School Boulevard West Assessment was based
on actual Project costs and is calculated as follows:
a. Street Improvements: $79,475. Includes constructing the street improvements on
School Boulevard for the 825 -feet of frontage along the south side of the roadway
only. Does not include the costs for constructing the extension of Redford Lane to
School Boulevard.
b. Storm Sewer Improvements: $60,152. Includes lateral storm sewer that extends
along School Boulevard fronting and serving the Subject Property.
c. Watermain Improvements: $59,451. Includes lateral watermain that extends
along School Boulevard fronting and serving the Subject Property. Includes a
credit in the amount of $4,976 for upsizing the watermain from a 12 -inch pipe to a
16 -inch pipe.
d. Sanitary Sewer Improvements: $13,065. Includes sanitary sewer that serves the
Subject Property only.
2. This School Boulevard West Assessment (collectively referred to herein as the
"Assessments ") shall be deferred until development of the property or ten years from the
date of this Agreement, whichever occurs first. During the deferral period, the Owner shall
pay the equivalent of I% as interest on the assessment starting at five years from the date of
this Agreement, to be paid in a lump sum amount to the City no later than December 1St of
each year of the deferment. The Assessments shall be deemed adopted on the date this
Agreement is approved by the City. "Development" shall mean: platted into lots and
blocks, not outlots. If the Subject Property is subdivided or platted, the assessments will be
apportioned to individual lots, not outlots, based on the pro rata portion of the area (square
foot) of the lots to the total area of the Subject Property to be subdivided.
3. Upon development or expiration of the ten year deferral hereunder, the assessment shall be
applied to the Subject Property, over a ten year period in equal annual installments,
together with Prime Rate of interest plus one and one -half percent (1.5 %) per year on the
unpaid balance. 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. The interest rate is fixed for the duration of the
assessment and shall not exceed 6 %.
4. 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.
5. 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 as illustrated in Exhibit C. 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.
6. Owner is not required to construct an access from School Boulevard, located directly
across from Redford Lane with development of the Subject Property. The Owner shall
use the existing curb cut from School Boulevard to gain access to the Subject Property.
7. City will allow Owner at Owner's expense to construct a temporary public lift station to
service a portion of its property if the trunk sewer is not available to the Subject Property
at the time of development.
8. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the parties
have executed this Agreement as approved by Resolution of City Council as shown in
Exhibit D.
STATE OF MINNESOTA )
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
c
2013, by ,ry Zc'2 2 ,,1, ,the of Ocello, LLC, a Minnesota
limited liability corporation, on its behalf.
NOTARY POWIC 'w
VICKI JAN LEERHOFF
Notary Public- Minnesota
ie� My Commission Expires Jan 31 , 2018
(SEAL)
CITY OF MONTICELLO
BY: 17
Clint F erbst, Mayor
AND
Aj
Joolvwill, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this J0 day of adfibe� ,
2013, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Drafted By:
City of Monticello
AMS
505 Walnut St., Suite 1
Monticello, MN 55362
763.295.2711
NOTARY PUBLIC
S C '. >►.
KERRY T. BURRI
NOTARY PUBLIC - MINNESOTA
MY Commission Expires Jan. 31, 2015
Return To:
Deputy City Clerk
City of Monticello
505 Walnut St., Suite 1
Monticello, MN 55362
EXHIBIT A
LEGAL DESCRIPTION — PID 213 -100- 151400
That part of said Southeast Quarter all in Section 15, Township 121, Range 25, Wright County,
Minnesota, described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence north along the west line
of said Southeast Quarter, a distance of 1170.18 feet to the point of beginning of the land to be
described; thence east parallel with the south line of said Southeast Quarter, a distance of 723.00
feet; thence north parallel with the west line of said Southeast Quarter to the north line of said
Southeast Quarter; thence west along said north line to the northwest corner of said Southeast
Quarter; thence south along the west line of said Southeast Quarter to the point of beginning;
except that part platted in Groveland 4th Addition according to the recorded plat thereof, Wright
County, Minnesota.
EXHIBIT B
PROJECT IMPROVEMENTS
EXHIBIT C
EASEMENT AREA
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EXHIBIT C
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EXHIBIT D
RESOLUTION NO. 2013-091
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-091
APPROVING AGREEMENT OF ASSESSMENT AND WAIVER OF HEARING AND
CONVEYANCE OF EASEMENTS WITH OCELLO, LLC FOR PROPERTY LOCATED
IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 121, RANGE 25
PID 213 -100- 151400
WHEREAS, Ocello, LLC has agreed to enter into an agreement for assessments and conveyance
of easements related to the School Boulevard West Extension, City Project No. 2005 -02C, as
provided in the Agreement of Assessment and Waiver of Irregularity and Appeal (Attachment
"A ") for property legally described as follows:
That part of said Southeast Quarter all in Section 15, Township 121, Range 25, Wright
County, Minnesota, described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence north along the
west line of said Southeast Quarter, a distance of 1170.18 feet to the point of beginning of
the land to be described; thence east parallel with the south line of said Southeast Quarter,
a distance of 723.00 feet; thence north parallel with the west line of said Southeast
Quarter to the north line of said Southeast Quarter; thence west along said north line to
the northwest corner of said Southeast Quarter; thence south along the west line of said
Southeast Quarter to the point of beginning; except that part platted in Groveland 4th
Addition according to the recorded plat thereof; Wright County, Minnesota,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA: that the City Council approves the Agreement of Assessment and Waiver of
Hearing for the property legally described above and identified as PID 213- 100 - 151400.
ADOPTED BY the Monticello City Council this 28th day of October, 2013.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
lei
- ( 64kid
Jeff O;VAity Administrator