HomeMy WebLinkAbout2011-038ARZENHILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2011-038
ABATEMENT OF A NUISANCE at 1971 Thom Drive
WHEREAS, Kim Halverson is the property owner of the following described property:
Address: 1971 Thom Drive
PID: 28302330011
Legal Description: Lot 23, Rowleder's Home and Garden Acres except the west 249.15 feet
thereof.
WHEREAS, a hazardous nuisance tree ( "Hazardous Tree ") is located on the property;
and,
WHEREAS, notice therefore was sent certified mail to the property owner pursuant to
City Regulations; and,
WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal
Code 710.12 and its subdivisions ( "Shade Tree Regulations "); and the hazardous tree is declared
a public nuisance; and,
WHEREAS, the property owner has requested that the City remove the hazardous tree
and assess the cost of removal against the property and waives any further notices or hearings
. y g
which it may otherwise be entitle to pursuant the Shade Tree Regulations; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY
COUNCIL hereby adopts Resolution 2010-038: Ordering abatement at 1971 Thom Drive for a
hazardous public nuisance tree.
BE IT FURTHER RESOLVED that all cost incurred by the City, including an
administrative fee in the amount of $125 are hereby assessed against the Property to be collected
with the real estate taxes in the year in which this Resolution is recorded, together with an
Affidavit of Cost Incurred; and
BE IT FURTHER RESOLVED, that any assessments levied pursuant to this
Resolution shall bear interest at the rate of 4.5% per annum from the date of recording until
December 31st of the year in which the special assessment is paid in full.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th
DAY OF JULY, 2011.
010
David Grant, Mayor
Patrick Klaers, City Administrator
ABATEMENT AGREEMENT
1.0 Parties. This Abatement Agreement ( "Agreement ") is entered into by and between the
City of Arden Mils, a Minnesota statutory city ( "City "); and Kimberl y A. Halverson
( "Halverson ").
2.0 Recitals.
A. Halverson is the fee owner of residentially zoned property located at 1971 Thom
Drive, Arden Hills, MN ( "Property ") which is legally described as follows:
Lot 23, Rowleder's Home and Garden Acres except the
west 249.15 feet thereof.
(Tax Parcel: 28-30-23-33-0011)
There is a storm damaged tree on the Property which will likely cause injury to
persons or property when it falls ( "Hazardous Tree ") and is therefore a public
nuisance pursuant to the provisions of Arden Hills City Code §21 0.12, Subd. 6.
C. Halverson acknowledges that the Hazardous Tree is a public nuisance; has
requested that the City remove the Hazardous Tree; and has requested that the
cost of the removal be specially assessed against the Property.
3.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree
as follows:
A. Halverson Acknowledgement, Waivers and Requests.
1. Halverson, for herself and her heirs and assigns:
a. Waives any further notices or hearings which she may otherwise
be entitled to pursuant to the City's Regulations relating to public
nuisances and special assessments.
b. Requests the City to remove the Hazardous Tree and dispose of the
Hazardous Tree.
c. Authorizes the City and its agents, contractors and employees to
enter upon the Property for the purpose of removing and disposing
of the Hazardous Tree; provided that the City gives Halverson at
least two (2) days advance notice of its intent to enter upon the
Property for such purpose.
d. Request that the City specially assess the cost incurred by the City
for the removal and disposal of the Hazardous Tree. The current
estimated cost for tree removal and disposition is $2,992.50.
B. The City responsibilities will be to:
1. The City Council shall adopt a resolution abating the tree and directing the Ramsey
County Auditor to assess the property for the cost actually incurred by the City to
remove the hazardous nuisance tree. The assessment shall be paid in three (3) equal
annual installments and shall bear interest at the rate of 4.5% from the date of the
adoption of the resolution. The first installment shall be due and p a y able in 2011.
2. Remove the hazardous nuisance tree from the property on or before July 27, 2011.
4.0 Restoration of Property. Halverson shall be responsible for restoring the Property after
the Hazardous Tree has been removed.
5.0 Legal Document. This Agreement is a legally binding document and each of the parties
has had an opportunity to review its terms with legal counsel.
2
IN WITNESS WHEREOF, the above - named parties have hereunto set their hands.
ATTEST:
Patrick Klaers, City Administrator
STATE OF MINNESOTA )
ss.
COUNTY 0
On this day of
CITY OF ARDEN HILLS,
a Minne ota statutory city
AI AP.,1
David Grant, Mayor
u1 , 2011, before me, a notary public within and for said
county, personally appeared David Grant and Patrick Kiaers, to me known to be respectively the
Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing
instrument and acknowledged that they executed the same by authority of and on behalf of City
of Arden Hills.
Notary Public
STATE OF M NESOTA
COUNTY OF FlQ,(\i‘S -e..i
On this 40P,
\ day of
) SS.
K berly A. Hal
on
, 2011, before me, a notary public within and
for said county, personally appeared Kim i erly A. Halverson, a single p erson, and has executed
the foregoing Agreement and acknowledged the same.
Meagan E. Beekman
NOTARY PUBLIC
0i
STATE OF MINNESOTA
My Commission Expires 1 -31 -2014
Arden HillsiAgreements\Abatement Ag- Halverson_v5.doc
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