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HomeMy WebLinkAbout2004-12-08 FYI j\ " M' ~e"w. · :rno,~" TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk SUBJECT: 7046 Brian Drive - Special Assessments (Clearwater Meadows - Water Services - 1996) DATE: December 8, 2004 Subsequent to the Public Hearing on November 29, 2004 additional research was completed regarding the Johnson's previous specia1 assessment and the Clearwater Meadows Development of 1996. I reviewed the original Developer's Agreement between the City of Centerville and Rocky Goertz, attached is a copy. The only reference to the Johnson's property is on Page 9, in regards to Outlot B and deeding same to the Johnson's, attached is an unexecuted copy. Page 2 refers to the Developer's Improvements as being sanitary sewer, water, distribution piping, storm sewer, urban street and sidewalk: under the 429 process. Water services were brought done Brian Drive as a part of the project; however, records do not indicate that Rocky Goertz was responsible for any expenses other than within the Clearwater Meadows development. On December 2, 1996, near the same time as the certified special assessments for the above stated project were to be placed on county records, the Johnson's combined what appears to be Outlot B (pIN #23-31-22-14-0054) &, PIN #23-31-22-14-0015 which the County issued a new PIN #23-31-22-14-0057. The County inactivated PIN #'s 23--31..22- 14-0054 and 23-31-22-14-0015 and did not move the assessments accordingly. There was also an additional problem with the County and not issuing two (2) fund numbers for the project becaJlse Resolution #96-36 discusses two (2) different assessment lengths and interest rates, see attached. Rocky Goertz' project involved 33 properties all ~ $13,310.72 and have been paid Nme (9) additional properties were assessed. (The Johnson's being one (1) of these nine (9)). Due to the previously stated errorftom above, the Johnson's are the only property that have not paid or was not been certified with this project. I have attached the assessment schedules for these properties. Below, please find the parcel numbers and status of the nine (9) properties: 23-31-22-14-0013 Paid 12/11/96 23-31-22-14-0014 Paid 12/9/96 23-31-22-14-0005 Paid 2/6/01 23-31-22..14-0012 Paid 6/6/02 23-31-22-14-0011 &:, 23-31-22-14-0010 Paid 12/12/96 23-31-22-14-0048 Paid 10/10/96 23-31-22-14-0006 Active on County Property Tax until 2006 23-31-22-14-0017 Active on County Property Tax until 2006 / 1\,. , .r if'...tJ ." :~. ,,'(-: ., e DEVELOPMENT CONTRACT CLEARWATER MEADOWS . . (City Installed Improvements) . . . . TIllS AGREEMENT made this 10th day of June, 1996, is by and between the City of Centerville, whose addr~ is 1880 Main Street, Centerville, Mn 55038, a municipal corporation organized under the law of the State ofMinneso~ hereinafter referred to as the "City", and K-G Development, Inc., a MinnesOta cOrporation, whose address. is 7526 ." 4th Avenu~ Lino~Lak:es, MN 55014, .hereina:fter.referred,tn.asthe.. . "Developer"': . .. .. ", WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City known as Clearwater MeadQws, hereinafter called "Subdivision"; and WHEREAS, the DeVeloper has requested that the CIty construct and finance . . certain improvements to serve the plat; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, the Developer has petitioned the City ofCenterville to undertake certain public improvements within the plat; and WHEREAS, said City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by a bond, cash escrow or . other security to guarantee completion and payment of such improvements following final approval and recording of final plat; WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements.to the benefited property; and WHEREAS, the City of Centerville has adopted an interim policy for a storm . water charge for development within the City, and the City of Centerville is in the process of developing a final storm water fee structure for new developments. NOW, THEREFORE, in conmderation of the mutual promises of the parties made .her~ . IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: 1. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to Ordinance #8, Section 38.01 and other improvements specific to the development herein set forth. A Cost of Developer's Improvements, description: 1. Street names and traffic signs . approximately 7 signs @ $250/each (2 Stop Signs - 3 Dead End Signs - 2 Street Signs) 2. Establish monuments at lot comers 36 lots x $250 3. Street sweeping 3 each @ $600 4. Signage and barricades 3 each for one year x $2oo/each $ 1,750.00 $ 9,000.00 $ 1,800.00 $ 600.00 K-GDEV.WPS Page 1 . . I ... '"., Clearwater Meadows Development Agreement ; J4 ,:~ '!~:.. 5. City administration for review and compliance of above 40 homs @ $30.oo/hour $ 1,200.00 6. Shade Trees Balled and Burlapped 1 each @ $300.00 x 33 lots $ 9,900.00 Marshe~ Seedless Ash Trees @ a 2" caliber (trees are to be "mound" planted) 7. Flushing of Storm Sewers $ 1,500.00 Once a year until all lots are built upon 8. Mass grading of sitefmcluding outlots--performance bond Subcontractor 9. Sod yards - 33 lots ~ $750.00 ..,.$24,750.00 1(}; .'Streeti.igbtirig .. 4 at$2()()() "' " .. $" 8~OOQOO:: Total Estimated Construction Cost for Developer's Improvements $58,500.00 $87,750.00 Escrow Retainage (150%) All of the above items under section A with the exception of the trees and sod on unbuilt lots shall be completed by November 1, 1996. J B. Construction of Developer's Improvements financed under 429 process: 1. The Developer has requested that the City ofCenterville undertake the following improvements pursuant to MS429: a. Installation of sanitary sewer (2200 LF) and water (2400 LF) distnDution piping b. Installation ofRCP storm sewer of various sizes (470 LF). c. Installation ofm:ban street (7000 SY) d. Installation of sidewalk (700 SY) K-GDEV.WPS 2. In addition to the City improvements, the Developer shall undertake or arrange to accomplish the following: a. Coordinate with the utility companies to provide for gas main, telephone lines, cable lines and power lines to service the properties developed on the final plat according to the city's joint trench policy. b. Provide seeding and vegetation maintenance and control over denuded or graded areas and mitigation area, at the city's direction. c. Provide 2 street name signs and 2 stop signs and 3 dead end sign for installation by City staff. d. Establish lot comer monumentation within 60 days of grading completion or by November 1, 1996 after filing the final p~ whichever is sooner. . e. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe Page 2 .... . '. t " I' t Clearwater Meadows Development Agreement driving surfaces. The Developer shall provide street sweeping within 24 hours of the city's request for such services. f. Provide for landscaping in accordance with City ordinances and other requirements. The Developer shall accompli$h or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five ,days prior to commencement ofhis construction activities. ..Constructionvehicles for site grading, streets and utilities will utilize the . existing blacktop surfitce on Main Street and 20th Av~e. Home builder vehicles will be allowed to utilize Brian Drive with a restriction of a 7 ton road unless otherwise specified. . The developer shall construct such temporary accesses as may be required to enter on the building sites such that construction traffic will be min1mi7,ed within the right of way areas of Brian Drive. 3. Site C'"I1"Rdn,g The Developer shall be responsible for providing the road sub-cut during mass grading of the site. Topsoil shall be stockpiled during mass grading. Also a suitable stockpile shall be provided of material to backfill the utility trench should a shortage from compactor occur. This material will be necessary to .provide for volume losses due to compaction that will occur during utility installation. No certificate of occupancy shall be issued for any lot without the proper grading checked of those lots as determined by the Building Inspector. 4. Erosion ('.antrol. The Developer shall control erosion irisuring: a. All development shall conform to the natural limitations presented by the Topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during constructio~ said plan shall be approved by the City prior to the commencement of site grading or construction. . b. Erosion and siltation control measures $ban be coordinated with the different stages of development. Appropriate control measures as required by the city shall be installed prior to development when necessary to control erosion. c. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as K-GDEV.WPS Page3' . .... .{ . \ t Clearwater Meadows Development Agreement "'" . construction progre8$eS. The smallest practical area ofland shall be expos~ at any one period oftim~. d. Where the topsoil is.remov~ sufficient arable soils shall be set aside for respreading oyer. the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be ofa quality at least equal to the soil quality prior to development and the Developer shall install four (4) inches of top soil on all boulevards and seed or sod as approved by the City. The >.Developer shall make all. necessary adjustments. tQ,~'stops to brfug1hem flush.with'the topSoil (before 'occupancy). AU/disturbed.,; areas shall be seeded. The quality of the top soil re$tored shall be , equivalent to the top soil on the development prior to the removal. 5, Inspection. .All of tile work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 6. Easements. The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation and use of the Developer Improvements, as determined by the City Engineer. All such easements requested by the City shall be in writing, in recordable form, and on the standard easement form of the City ~d on such other terms and conditions as the City shall detei:mine. Deed restrictions for berming and landscaping for lots 5-10, block 2 and lots 27-28, block 2 shall be written separately and recorded with the firial plat. These restrictions are to state that the berm cannot be removed and landscaping needs to be approved by the City. Note that lots 27 & 28 must have driveways fronting Brian Court. The City will not issue any permits for construction of homes on Lots 12 and 13 of Block ~, Lots 22 and 23 of Block 2, and Lots 1 and 2 of Block 1, until the trail easements have properly been obtained and recorded. The Developer shall furnish proof of recording the :final easements with Anoka County. 7. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faitbfully comply with all terms and conditions ofany and all contracts entered into by the Developer for the installation and co~ction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year fonowing the City's final acceptance of the Developer's Improvements. The Developer agrees to guarantee for a period of one year the tree plantings required as part of the Developers agreement. Each specific tree guarantee K-GDEV.WPS Page 4 ... .,. , , c Clearwater Meadows Development,Agreement i~~.;.k r. period shall begin with the p~g of each specific tree. Concurrently with the execution hereofby the Developer, the Developer willfumish to, and at all times thereafter maintain with 'the City, a cash deposit, Certified check, or an Irrevocable Lett~ of Credit, based on one hundred fifty (1500.4) percent of the total e$timated cost of the DevelQ~s . ImprovementS as indicated in Paragraph lA The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of CenterYille and shall state thereon the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Deve1opment.Contractand construction ofaUr.equired.improvements in accordance' with the 'ordinancefnmd specificationS 'of the City. Such Letter": . '; ";.'".' .' of Credit may be reduced upon completion' and acceptance of the Developer Improvements by the City to an amount deemed adequat~ by the City Engineer to cover the one year warranty period descn'bed herein. The City shall have the right duririg said warranty period to draw on the Letter of Credit for airy warranty work that is nOOessary. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions oftbis contract. The Irrevocable Letter of CredIt shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. 8. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount ofreducUon will be determined by the City and such recommendation will be submitted to the City Council for action. 9. Approval of Contractors. Any contractor selected by the Developer to construct and install any Developer Improvement must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. 2. CJTYlS IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements"), to include improvements as descn'bed by the plans, specifications and contract documents entitled Oearwater Meadows Street and Utility Improvements, as prepared by the City Engineer, MSA Consulting Engineers, and as adopted and approved . by the City Council of the City of Centervi11e. Said improvements shall be conStructed and installed by the City to serve the Subdivision on the terms and conditions according to Ordinance #8, Section 38.01 and other improvements specific to the development herein set forth: K-GDEV.WPS Page 5 , . ~.. '. " ' Clearwater Meadows Development Agreement A Street Construction. The Base Course shall be completed before September. 1, 1996. The Wear Course shall be corilpleted before September 1, 1997, or when the City deems appropriate according to the progress of work on the individual lots. The 4eveloper sh811 be liable fQr any increase in cost for ~nstIUction of the wear .cow:se due to delays in cotlStrl:lction on the individua1lo~s. B. Construction Procedures. All such improvements set out in Ordinance #8, Section 38.01 and as additionally specified herein shall be instituted, constructed, and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute. 429 providing that such.im.piovements be matie;and,assessed against tne benefited. properties.'. After preparatiOirof prefrininary' plans and . ..,;.., . estimates by the City Engineer, an improyement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of preHminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council ror the purpose of ordering such improvements. After preparation of the final plans and specifications by the City 'Rngjneer, the installation of improvements shall take place under the City's complete supervision. . ';" ........ . .. " ,', .. C. Security, ~ of Special Assessments and Required Payment Therefor. Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to thirty-two (32%) percent of the total estimated cost of said improvements as established by the City Engineer. Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term. of the special assessments, except, the amount of the request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal, and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in ten (10) equal annual insta11m.ents with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the Deputy Clerk in semi- annual installments over ten (10) years commencing on May 15, 1997 of the year after the levy of1Uch assessment and on each October 15th and May 15th thereafter until the entire balance plus accrued interest is paid in full unless paid earlier. In the alternative, the City, at its option, may certify the entire assessment roll to the Anob County Auditor for collection with the Real Estate Taxes. In the event any payment is not made on the dates set out herein, the City may exercise . its rights granted, hereunder for such default. The Developer waives any and all . procedural and substantive objections to the installation of the public K-GDEV.WPS Page 6 . '\ t I l Clearwater Meadows Development Agreement improvements and the special assessments, including by not limited to hearing requirements and apy claim that the assessm. exceed the benefit to ~e property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to MS.A 429.081. D. Required Payments of Special Assessments by Developer. Developer, its heirs, successors or assigns hereby agree that prior to or on issuance of Certificate of occupancy, to pay the entire unpaid improvement costs assessed or to be assessed under .this..agreen1ent against.such property., "" .' """\0 ~.' ; ~ ~. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such' improvements that would be levied against the property. Upon such payment, the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. E. Acceleration Upon Default, In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anok&, State of Minnesota or other governmental entity having jurisdiction over ~~or~w~any~entmanyspecialassessment~ed~~ hereto, or any interest ~eon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied p~ to this agreement due and payable in full, with interest. The City, may seek recovery of such special assessments due and payable from the security provided in Paragraph (B) hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus aCcrued interest, the City may certify such outstanding special assessment in full to the County Auditor p~ to MS. 429.061, Subdivision 3 for collection the following year. The City, at its option, may .commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and sev~. Also, if the Developer violates any term or condition of this agreement, or if any payment is.not made by Developer pursuant to this agreement the City, at its option,. may refuse to issue building permits to any of the propertY within the plat on which the assessments have not been paid. K-GDEV.WPS Page 7 # , '. '0' If Clearwater Meadows Development Agreement 3. RECORDING AND RRT ~RA~E. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the 'Subdivision. The DeveloPer agrees that the City shall have the right to record a copy of this i>evelopm~ Contract with the Ano~ County Recorder to giv~ notice to future purchasers. and, owners. This shall be rOO9rded against the Subdivisj.on described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and condition of this Development Contract subject to provision contained in the second paragraph of Section 3.G.3 on page 9. 4. REIMBlJRSEMENTOF 'COSTS: The DeV'eIbper agrees toiWly reimburse'the City'r: .";' .,n for all costs incurred by the City including, but not 1imit~ to the actual costs of . construction of said improvements, engineering fees,.legal fees, inspeCtion fees, interest costs, costs of ~on of necessary easements, if any, and any other costs inCurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. S. OCCUPATION OF PREMISES. The Developer further agrees that they will not cause to be oCcupied, any premises construction upon the plat or any property within the plat until the completion of the gas, electric, telephone, water and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, Developer shall be granted no certificates of occupancy for homes within the plat prior to substantial completion of all Developer and City Improvements descn'bed in this agreement. 6. cr .RAN UP. The Developer shall be responsible to keep new and existing streets clean and shall conduct routine sweeping of the project area. The Developer shall clean streets no later than 24 hours after being notified by the City. 7. HOMEOWNER NOTICE. Developer agrees to provide the owner of each lot purchased within the development on or before the date of closing a statement in substantially the form shown as Exhibit A hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. 8. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. 9. R'Fr™RlJRSEMENJ' OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all coSts incwred by the City in defense of enforcement of this contract, or any portion thereot: including court costs and reasonable engineering and attorney's fees. 10. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent K-GDEV.WPS Page 8 " . . .. '( 'I Clearwater Meadows Development Agreement jurisdiction, such decision shall not affect or void any of the other provisionS of the Development Contract. 11.G~ , , , A Binding Effect. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, suCcessors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notice. Wheneve.dn'tbis agreement it sh8llbe requiiedor'permitted that. ,. , ' notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered persOnally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. A requirement of final plat approval shall be the designation of Outlots A - D; The City requires deed forms for all outlots at the time of final plat approval and all deeds must have signatures. Outlots shall be deeded as follows: Outlot A:. Eagle Trucking Outlot B: Mike and Kathy Johnson Outlot C: Gerald Rehbein Outlot D: Joyce Stevens D. IncOJ:poration by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 12. In the event that Developer violates any of the convenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. K-GDEV.WPS Page 9 I. #. C , .;''4 .. .. Clearwater Meadows Development Agreement I, Rockne Goertz, the undersigned, do hereby verify that I am a partner of the corporation known as K-G Development, Inc., and hereby personally ~ all duties, obligations and undertaking of said __D_m~~~ ~ ~ ~C:ts ~ STATE OF MINNESOTA) )SS. :. ;.' ....'1. > r'. .' COUNTY OF ANOKA ) On this \0 day'of~. ~99i:befure me, aNotaty.Publk: within'ancl\for said County, pelso.oally apPeared Tom.WiIharber to me ltilolv.to be the Mayor of the City of Centerville, and who .' executed the foregoiitg instrument and acknowledgC:d that he executed the same on behalf of said City. 4dt:6~pV>f/~1L, . Notary Public STATE OF MINNESOTA) )88. COUNTY OF ANOKA ) On this . i. ( tltday of ~ I t II 0 . 199& befure me, a Notary Public within and for said County, personally ~ ~ know to be the City Oerkofthe City ofCenterville, and who executed the foregoing instrument and acknowledged that she executed the same on behalf of said City. ~l ~.Lt~Ju Notary 'c STATE OF MINNESOfA) ) SS. OOUNTY OF ANOKA ) On this 1.12- day of~_ . 19~ befure me, a Notary Public within and for said County, personally appeared Rockne Goertz, to me know as a partner ofK-G Development, Inc., a COlpOration under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. ~., . ~, STATE OF MINNESOTA) coiJNTy OF ANOKA ) or-luu. ~ - On this 1.D..- day . 1~ before me, a Notary Public within and for said County, personally appeared Rockne Goertz, to me know to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. . )SS. ~~~ Notary Public K-GDEV.WPS Page 11 ,t .L t. . 1 c. ~. . Clearwater Meadows r>evelopment Agreement 13. Park Dedication. The park d~cation requirements due to the City of Centerville in the amount of$24,750.00 shalIbe paid iri cash at the time of the signing of the final plat. Trail dedication is beiD.g provided by trail easements and a sidewalk on the west side of Brian Driv~. . . . . 14. Storm Water Fees The storm water fees shall be paid in cash to the City according to the interim policy of storm water charges at a rate of $0.0 1546 square foot for a total amount of $17,502.64 at the time of the signing of the final plat. ~OPER.' K-G DEVELOPMENT, INC. BYL~C)~'L K-GDEV.WPS CITY OF CENTERVIiLE .' ... ~-:~ Mayor ATTEST: B~<1cD.d.i~b~ City Clerk Page 10 rl :/Jai . 1"7: .' . : _'~"Ic , Form Ho. lOt '-W';;.~~Deed , CoIpor8lfon l)f PllrtMt.ltI~ 10 JOInI r.nanla ' , I ~.' r-.u.c MIMetoIa UnIfantt ~ IWIIlt (tlftl Well.. 8. Illllli CIO.-8L ..... . No delinqueht'ta*es and ttan.rer entered; Certificate or Real Bste.lc Value ( 1! filed ( ) not required Certlfieate orlteal Eslate vatue No. . ;~" '.. . t 9 . . ... '.~'f County Auditor by_ ..:.' , '0 DeDutY STATE DBI.u; 'TAX Dun IIERPDN: $_.. . '.'J,. Date:_. ,;' ._. 19_ (reserved for recording data) . . 'J' FOR VAt.UABLBCONS1DBRATION.-K.::.G. DevelQJlnlAnt., 1m: .0'. . I . - t II Corpora tion M3.1Jt18S0ts _. Orantor. hereby conveys artd warrants to _. M; ~hAfi~.o. .Inhnsn(t AodJ(Athl eeo~ fai. JohOBon RS jull1l tenantli, teal property In AnQka ... . under t~e laws of . . ,'_1 Orantees County, Mlnnesuta, described ItS fullows: . OutlD~'BI Clearwater Meadows '. .; pt IIW. lpace It ,...1Id. toftIlnue.. bacIc) together wlth'lilt hereditaments ndd aj'purtettances belonging thereto, subject to the following e~<=eplfons: .il. .. " ..nEe ~i _ '!) REPORT, DIVCOMMIT ??A N 0 K A C 0 V E R PAYABLE,1997 DIVISION TYPE, COMBINATIQN DOCijMENT TYPE, REQUEST DATE OF TRANSfER: 12/02/96 CITY: CENTERVILLE ...., RUN,DEC2696 09,59 CO.UNTY SHEET DIVISION: 359 MAPS/MYLARS PROOFED BY _____ PAGEs 1 PLAT ON MYLAR ON GI;NERATED ON 12/26/96 - PROOFED BY JR ON 12/11/96 WRITTEN BY SC ON 12/09/96 THE FOLLOWING PARCEL(S) ARE NOW OUT: {STATUS INACTIVE} PIN KEY -----~---------- -------- 23 31 22 14 0015 00220451 23 31 22 14 0054 01289055 THE FOLLOWING PARCEL(S) ARE NOW IN, {COMMITTED. STATUS ACTIVE} R23 3122 14 0057 KEY, 01301567 ASR INFO IN:BY JLR ON 12/20/96 A pARENT KEYS: 00220451 Oi289055 LOT/UNIT B BLOCK/TRACT OIL THAT PRT OF SE1/4 OF NE1/4 OF SEC 23 TWP 31 RaE 22 OESC AS FOL, COM AT SW COR OF SO 1/4 1/4; TH N ALG WLY LINE OF SO 1/4 1/4 530 FT. TH S 89 DEG 13 MIN E .210 FT TO POB. TH S 32.10 FT. TH S 50 DEG 23 MIN E 109.72 FT. TH N 39 PEG 37 MIN E,146 FT +OR- TO C/L OF COUNTY DITCH NO 47. TH NWLY ALG SO CIL 220 FT +OR- TO APT, TH S 142 FT +OR- TO POB. TOG/W OUTLOT B CLEEARWATER MEADOWS. SUBJ TO EASE OF REC UNPLATTED MORE Doc..w '3lbS. S . . " '. DMSlO,..1 COMBINATION REQUEST FORM o DlvfI!lO~ MunIcIpaIiIN (J 11-- :hAJ ~"' (JJate ) Z -2 -9 ~ JKf Combfnatlon For taxes payable In 19-12. Fee 0Nner: .. -- Contract Purchaser: B5/Pl' Pin Legal DescrIption Note: If this Is a request for a division ot a tax parc:el. the legal ~ons of the new garcels must be _chad and stamped with cItY. approval. As of June 1: 1995 there will be a fee fOr dtvIdIng property. DaytIme Phane## J/dh -1:J-J1 DContract rchaser Nate: If the ~ Is by a cOntract purchaser, the appDcant must a1r~ apP.88J' as the contract purctlaser In the cauntr tax records or a copy of the contract tor deecf must be attache([ OFFICE USE ONLY: Chec:ked for deDnquent taxes by: ~ /.],_ '-'1, Date: ~ OL- .-.-- -TTT"-- . . I I I II (~'J ("300) c.. . (ItJIi1 ...L.......... ........ _.~J l\t: ..", -J ~ p Cf.fJ-A"",*,~eL ..... (-4) lY)e Ndo~S . . " :, :...; .:: -;. '. 11:"-.- :';7t-.: t . . ~ It (fI) (~) "; . ... "".fH .....~ COUNTY OF ANOKA PROPERTY RECORDS AND TAxATION DMSION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 FAX (612) 323-5421 · Property Assessment 't f\O~ · 'Property Records and Public Service 'J~N 2. J c.. · Property Tax Accounting and Research January 18, 2001 City of Centerville % Theresa Bender 1880 Main Street Centerville, MN 55038 RE: Reassigning New Fund Number to Existing Fund Dear Theresa: In order to correct special :assessments for Clearwater Meadows and Brian Drive it ,is necessary to assign a.n~w fund number. When this resolution was passed two funds should have been assigned one for the (5) year spread and one for the (10) year. The new fund number assigned for the (10) year spread is #83194. There are (4) pin numbers that are being changed. Enclosed are copies of the original resolution and the four pins that were changed. Please correct your records to reflect this change If you have any questions, please contact me at 323-5479. .Sincerely, /~~~- Abatement Specialist " pb ' , ". ~.~.~ ' . "..~.. Affirmative Action I Equal Opportunity Employer .. ....,~ ..~:' "~-~~~~~b~;:;.~~ ~~'$.tA ~~~\::".~....~. Tt":."".~.......~~~1~_~.~..~.-::-.: .( ~i' '.' .. ,:.......~~~.t!~~.."'r:.:::..:'.~:;.'f:.~!.'...:~:.1:i.: . ~~ . .~..-..: . f"I t't C'Il f~I' '. \Ill ~ !il G. g :3 I I i (' .\ . I .... ! = I " ~ ,- .fd \.. 'i I filS :S~. Ii =1 II . Sl 1.1 ~llf140 lPU'tlO 8 . COl j' III B I \ ~I ~ !IiI \ . 2 I g I P4 i'i llAll-l ~QI!D' d = " "'" Il:I '" V' ... lOt . o C'lII .. III 01 ... . ... rl . , C'lII : ; C'IlI" ... "'" \0 .. \1\ .. CI\ '" t't ... .. "'" . 0 a 0 C'Il ft ,. .. III WI GI '" "" "'" . .. rl ... . . = = COlI '" "'" ~ ~ "'" 01 ... .. Il:I I R ~ = ~ : ~ : = = = = = i ~ i .. \1\ \1\ 01 .. '" _ .. CI\ ....... '" .. CI\ ... ... t't t't 1"1 ~ ~ rl "'" _... "'" "'" rl ... ... o a a G G . 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Project: Parcel: Owner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 34 Clearwater Meadows 23 31 22 140015 Johnson, Michael D. & Kathleen M. 7046 Brian Drive CenteMlIe, Mn 55038 Interest Start Date: 23-Oct-96 Repayment Period: 8 yr .nterest Rate: 8.0% _ Lot Block: Addition: Assessments: a. Water ServIce b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 1 Project: Parcel: Owner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 35 Clearwater Meadows 2331 22 140006 Edberg, Mark Stephan 7072 Brian Drive Centervllle, Mn 55038 Interest Start Date: 23-0ct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot Block: Adcfrtlon: Assessments: a. Water Service b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 :i: Total of Annual Payments 2 Project: Parcel: Owner: 09/19/96 \L ASSESSMENT SCHEDULE Constant Annual Payment Method 36 Clearwater Meadows 23 31 22 14 0014 Peterson, Jeny A. & PhyIRa 7080 Brian Drive Centerville, Mn 55038 Interest Start Date: 23-0ct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot Block: Adcfltlon: Assessments: a. Water Service b. c. d. QUANTI1Y 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 . $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 3 Project: Parcel: Owner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 37 Clearwater Meadows 2331 22 140013 Fogarty, Kevin P. & Mary J. 7088 Brian Drive CenteMlle, Mn 55038 Lot Block: Addition: Interest Start Date: 23-0ct-96 Repayment Period: 8 yr Interest Rate: . 8.0% Assessments: a. Water ServIce b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAl INTEREST PRINCIPAl YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 . 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 4 Project: Parcel: Owner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 38 Clearwater Meadows 23 31 22 14 0005 . Wltson. Gary D. & M.E. 7094 Brian Drive Centervllle, Mn 55038 Interest Start Date: 23-Oct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot Block: Addition: Assessments: a. Water Service b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 5 Project: Parcel: Owner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 39 Clearwater Meadows 23 31 22 14 0017 Ryan, Craig A. & Christine 7098 Brian Drive CenterviDe, Mn 55038 Interest Start Date: 23-0ct-96 Repayment Period: 8 yr Interest Rate: 8.0% . Lot Block: Addition: Assessments: a. Water ServIce b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 6 Project: Parcel: Owner: 09/19/96 -ASSESSMENT SCHEDULE Constant Annual Payment Method 40 Clearwater Meadows 233122140012 Rehbein, Richard & Virginia 7049 Brian Drive Centerville, Mn 55038 Interest Start Date: 23-Oct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot Black: Addition: Assessments: a. Water Service b. c. d. QUANTITY 1 AMOUNT $1,644.91 UNIT EACH UNIT PRICE 1,644.91 Total Assessments: $1,644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1996 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 7 Project: Parcel: OWner: 09/19/96 ASSESSMENT SCHEDULE Constant Annual Payment Method 41 Clearwater Meadows 23 31 22 140010 & 23 31 22 1400"; I Lundgren. Susan C. 7067 Brian Drive Centervllle. Mn 55038 Interest Start Date: 23-0ct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot Block: Adadlon: Assessments: 8. Water Service QUANTITY 1 AMOUNT $1.644.91 UNIT EACH UNIT PRICE 1.644.91 Total Assessments: $1.644.91 ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1.644.91 1997 $311.48 $154.65 $156.83 $1.490.26 1998 $286.24 $167.02 $119.22 $1 ;323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2.315.15 = Total of Annual Payments 8 ASSESSMENT SCHEDULE Constant Annual Payment Method 43 Project: Parcel: Owner: Clearwater Mead9ws 2331 22 24 00'" ~~ Stevens, Joyce 700720th Avenue N. Centervllle, Mn 55038 Interest Start Date: 23-Qct-96 Repayment Period: 8 yr Interest Rate: 8.0% Lot: Block: Addition: Assessments: a. Water ServIce b. Sewer Service QUANTITY 1 1 UNIT EACH EACH UNIT PRICE 1,644.91 AMOUNT $1,644.91 Total Assessments: $1,644.91 . I ANNUAL PRINCIPAL INTEREST PRINCIPAL YEAR PAYMENT PAYMENT PAYMENT REMAINING 1996 $1,644.91 1997 $311.48 $154.65 $156.83 $1,490.26 1998 $286.24 $167.02 $119.22 $1,323.25 1999 $286.24 $180.38 $105.86 $1,142.87 2000 $286.24 $194.81 $91.43 $948.06 2001 $286.24 $210.39 $75.84 $737.66 2002 $286.24 $227.23 $59.01 $510.44 2003 $286.24 $245.40 $40.84 $265.04 2004 $286.24 $265.04 $21.20 $0.00 $2,315.15 = Total of Annual Payments 09/19/96 10 ,f t CONSULTING GROUP, INC. Transportation · Civil ,j Structural · Environmental · Planning · Traffic · Landscape Architecture · Parking November 24, 2004 Proposal No. P04465 Ms. Kim Stephans City Administrator CITY OF CENrnRVILLE 1880 Main Street Centerville, MN 55038 Dear Ms. Stephans: SUBJECT: PROFESSIONAL SERVICES PROPOSAL-CITY OF CENTERVILLE CLEARWATER TRAIL FEASffiILITY STUDY Based upon your request, SRF is pleased to submit this professional services proposal for preparation of the Clearwater Trail Extension Feasibility Study. The purpose of this feasibility study is to provide a more detailed assessment of the two trail alignment alternatives that can be used to assist in the preparation of a 2005 ~esota DNR Trails and Waterways grant application. SCOPE OF SERVICES SRF would propose to complete a feasibility study for the trail corridor alignments as outlined in Attachment A - Scope of Services. The final end product will be a technical memorandum that will encompass the following tasks: 1. Gather Background Information All background information and existing mapping available from the City and County will be collected to evaluate the alternate trail corridor alignment as shown in the 2004 trail grant application. 2. Complete Inventory and Analysis A general inventory and analysis will be completed for the' trail corridor alignment going north along County Road 20 and connecting across the County Road 14/35E interchange, identifying potential conflicts with wetlands, vegetation, topography, utilities, drainage ways, roadway crossings and private property ownership. 3. Identify Issues Relating To Agency Coordination and Project Phasing Since multiple agencies will require involvement in the planning and design of the tr8i1 corridor, coordination and phasing issues will be id€mtified for each agency to address and a timeline developed for review, approval, and implementation. SCHEDULE SRF will complete this work within a mutually agreed upon time schedule. However, in order to allow for enough time for preparilig a 2005 DNR grant application submission, we would propose to complete the feasibility study by the ~nd of December 2004. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 . Fax (763) 475-2429 . http:/ lwww.srfconsulting.com An Equal Opportunity Employer .~,. .. ".. .... t Ms. Kim Stephans City of Centervi1le November 24, 2004 Page 2 BUDGET The estitrui.ted cost. for .completing t8sks 1-3 of the feasibility 'study is $800. individual'breakdown of tasks and cOrresponding fees. . See Attachment A for an BASIS OF PAYMENT SRF proposes to be reimbursed for our services on an hourly basis for actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., would be reimbursed at the current IRS-rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. CHANGES IN SCOPE OF SERVICES It is understood that if the scope or intent of the work changes, the cost will be adjusted accordingly. Before any out-of-scope work is done, however, we will submit a budget for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office, will serve as a notice to proceed. Our fax number is 763-475-2429. We sincerely appreciate your consideration of this proposal and look forward to assisting the City of Centerville on this important trail project Please feel free to contact us if you have any questions regarding this proposal. Sincerely, SRF CONSULTING GROUP, INC. ~W~ Barry J. Warner, F ASLA, AICP Senior Vice President Ken Grieshaber, ASLA Associate APPROVED: (signatme ) Name Title Date This cost proposal is valid/or. a period of 90 days. 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