HomeMy WebLinkAbout2021-03-10 CC Packet - Revised - 7087 Centerville Road Special Assess. Agreement
SPECIAL ASSESSMENT AGREEMENT
WAIVER OF HEARING AND APPEAL
AGREEMENT made this ______ day of _______________, 2021, by and between the
City of Centerville, a Minneso
RECITALS
A. Property Owner(s) are the fee owners of the following described real property,
located in the City of Centerville, Anoka County, Minne
PIN # 23-31-22-23-0019 THE E 100 FT OF LOT 4, BLOCK 8,
7087 Centerville Road CENTERVILLE, EX N 12 FT THEREOF,
SUBJ TO EASE OF REC
B. Property Owner(s) request connection to
through a service line connecting the home
C. The costs expected to be incurred for the Improvement is the amount of the
special assessment listed below. The costs listed below fully satisfies payment in full for a
lateral benefit fee and water access fees. The amount listed below equals half the amount of these
fees. The remaining portion of these fees has been paid for and satisfied by a City grant
program.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The City will assess the Subject Property $7,700. The special assessment
principal shall be payable in equal installments over fifteen years, plus two and a
half percent (2.50%) interest on the unpaid balance. Interest shall begin accruing
on November 1, 2021. The special assessment principal and interest will be
certified to the county and become due and payable on the same schedule as the
property taxes for the Subject Property beginning in 2022.
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2. The Property Owner(s) waive any and all procedural and substantive objections to
the Improvement and special assessments, including, but not limited to, hearing
requirements and any claims that the assessment exceeds the benefit to the
Subject Property. The Property Owner waives any right to appeal pursuant to
Minn. Stat. §429.081.
3. Property Owner(s) may prepay the entire special assessment without interest if
paid in full by November 1, 2021.
4. This Agreement shall be binding upon the Property Owners and the Property
title to the Subject Property and it shall run with the property.
5. No remedy herein conferred upon or reserved to the City is intended to be
exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute.
6. No delay or omission to exercise any right or power accruing upon any default
shall impair any such right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time and as often as
may be deemed expedient by the City.
7. In the event any provision of this Agreement shall be held invalid, illegal, or
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
8. Except as specifically stated herein, the payment of this special assessment shall
be governed by Minnesota Statutes Chapter 429
PROPERTY OWNER/PROPEL INVESTMENTS, LLC:
BY:
Derek Rooney
Its: Managing Partner
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BY: __________________________
Patrick Walsh
Its: Partner_____________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _____ day of
______________, 2021, Propel Investments, LLC, Derek Rooney, Managing Partner.
Notary Public
The foregoing instrument was acknowledged before me this _____ day of
______________, 2021, Propel Investments, Patrick Walsh, Partner.
Notary Public
CITY OF CENTERVILLE
BY:
D. Love, Mayor
Teresa Bender, City Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2021, by D. Love and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
DRAFTED BY: Notary Public
City of Centerville
1880 Main Street
Centerville, MN 55038
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PID #23-31-22-23-0019
RIGHT OF ENTRY/WAIVER
THE UNDERSIGNED, owners of certain land in the City of Centerville, who are the
sole persons with a right to grant entry to the affected property described herein, in
consideration of One Dollar ($1.00) and other good and valuable consideration, do hereby
consent and grant unto the CITY OF CENTERVILLE, a Municipal corporation under the
laws of the State of Minnesota, ("City") its agents and assigns, the right to enter upon and
commence construction and all related activities therewith, over, under, on, and across the
real property described in the attached Special Assessment Agreement for the purpose of
inspecting the water service line and water meter that serves the property.
("Improvements"). Some of the work will take place inside the structure on the property.
It is understood by the undersigned that the City will complete the Improvements and
restore the Subject Property to a condition as nearly equal as possible to that which existed
prior to construction, except that the City will not restore finishes on floors that are opened
in order to make the Improvements. It is understood that a hole will be cut in the concrete
floor and the hole will be patched after the work is complete.
It is further understood that the undersigned is granting to the City, permission and
authority to remove pumping equipment and seal the existing well that previously served
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the property.
Dated this ______ day of _____________, 2021.
PROPERTY OWNER/PROPEL INVESTMENTS, LLC:
By:_________________________________
Derek Rooney
Its: Managing Partner
By:_________________________________
Patrick Walsh
Its: Partner
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