HomeMy WebLinkAboutVIII-05 Water Repair Assessment Request - 526 Tiffany Drive
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Ryan Stempski, Public Works Director
Date: June 3, 2024
Item: Water Service Repair Assessment Request – 526 Tiffany Drive
Council Action Requested:
Kirk and Rachel McKinnon are requesting the costs associated with the water service line repair
at 526 Tiffany Drive be assessed back to the property. The cost of the work in this case was
$9,000.
Background Information:
Public Works crews were dispatched to 526 Tiffany Drive for a water leak within the property. It
was determined to be the private service line issue. The property owners, Kirk and Rachel
McKinnon contacted a contractor to complete the repairs.
The City Attorney has prepared an agreement of assessment appeal detailing out the conditions
and terms of the assessment and protecting the City from an assessment appeal.
Attachments:
Resident Request
Assessment Agreement
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Bauer Services of Welch, LLC
Aaron Bauer
26469 130th Ave DATE:May 23, 2024
Welch, MN 55089 FOR:McKinnon
651-246-9153 INVOICE#05232024-6094
bauerservices@hotmail.com
Kirk McKinnon
526 Tiffany Drive
Hastings, MN 55033
Kirkj27@yahoo.com
651-283-5716
AMOUNT
Water service replacement from curbstop to meter at 526 Tiffany Drive Hastings, MN
~ Permit
~ Locates
~ Material
~ Labor
Total Due $9,000.00
Thank You For Your Business!
Please make check payable to Bauer Services.
Please feel free to contact Aaron Bauer with any questions regarding this invoice
at 651-246-9153 or at bauerservices@hotmail.com.
DESCRIPTION
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PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT
AGREEMENT
THIS AGREEMENT is made this ____ day of ___________________, 2024, by and between
the City of Hastings, a Minnesota municipal corporation (“City”), and Kirk McKinnon and Rachel
McKinnon, husband and wife (the “Owners”).
RECITALS
A. The Owners are the fee owners of a parcel located at 526 Tiffany Drive, in the City
of Hastings, Dakota County, Minnesota, legally described as:
Lot 2, Block 2, Cari Park Fourth Addition, according to the recorded plat
thereof, and situate in Dakota County, Minnesota
PID: 19-16403-02-020
Abstract Property
(“Subject Property”).
B. The City has found that certain repairs to the private water service are required.
C. The Owners will cause the construction of the required private water service
repairs.
D. The Owners have requested that the City assess the costs of construction of the
required private water service repairs to serve the Subject Property.
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E. The Owners acknowledge that the required private water service repairs will benefit
the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PRIVATE WATER SERVICE REPAIRS. The Owners will hire and approve a
contractor of their choice to construct private water service repairs (“Improvements”) that serve
the Subject Property.
2. SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for
the water line repairs in return for Owners’ agreement to have the costs assessed against the Subject
Property as provided for in this Agreement. The Owners agree to pay one hundred percent (100%)
of the cost of the Repairs through the assessment process. The City will assess the Subject Property
the following principal amount for the Repairs: $9,000.00 (“Assessment Amount”). The
Assessment Amount shall be deemed adopted on the date this Agreement is signed by the City.
The Assessment Amount shall be paid over a 5-year period without deferment, together at a rate
of 4.36% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the
City Council’s approval of this Agreement. The Owners further agree that the Assessment Amount
may be exceeded if the increases are a result of requests made by the Owners or otherwise
approved by the Owners in a subsequent written document. The first installment shall be due and
payable with first half of property taxes in 2025. The Owners further agree that the City can assess
an additional $50.00 which represents $5.00 per year for the term of the assessment to offset the
fees imposed by Dakota County for this assessment, plus the City’s administrative fee.
3. WAIVER OF APPEAL. The Owners hereby authorize the City to certify to the
Dakota County Auditor/Property Tax Assessor a special assessment against the Subject Property up
to the Assessment Amount. The Owners hereby waive all rights to assessment notices, hearings,
appeals, and procedural and substantive objections and all other rights pursuant to Minn. Stat.
§429.061, §429.071 and §429.081 for the special assessment against the Subject Property up to the
Assessment Amount, including, but not limited to, any claim that the Assessment Amount against the
Subject Property exceeds the benefit to the Subject Property for the Improvement. The Owners
acknowledge and agree that the benefit of the Improvement to the Subject Property does in fact equal
or exceed the Assessment Amount. The Owners also acknowledge and agree that the Subject Property
receives a special benefit equal to or exceeding the Assessment Amount.
4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Owners and the Owners’ successors and assigns. This Agreement may be recorded against the title
to the subject property.
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CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of , 2024, before me a Notary Public within and for said
County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of
the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed
to said instrument was signed and sealed on behalf of said municipality by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipality.
Notary Public
This instrument was drafted by
and after recording return to:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
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OWNERS:
KIRK MCKINNON AND RACHEL MCKINNON
By:
Kirk McKinnon
By:
Rachel McKinnon
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
, 2024 by Kirk McKinnon and Rachel McKinnon, husband and wife.
Notary Public
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