HomeMy WebLinkAboutVIII-09 Water Service Repair Assessment Waiver - 3440 Cory Lane
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: January 12, 2022
Item: Water Service Repair Assessment Request – 3440 Cory Lane
COUNCIL ACTION REQUESTED
Enclosed for Council approval is a request from Marlane Benedict for the City to pay the cost to repair the
water service line at her property located at 3440 Cory Lane and to assess the costs back to the property.
The cost of the work in this case was $5,000.
BACKGROUND
The City Attorney has prepared an agreement and waiver of assessment appeal for the property owner to
sign, detailing out the conditions and terms of the assessment and protecting the City from an assessment
appeal.
The Council is requested to approve Ms. Benedict’s request for the City to fund the water service repair and
assess the cost back to the property under the condition that she first enters into an assessment agreement
with the City.
ATTACHMENTS
Resident Request
Assessment Agreement
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PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT AGREEMENT
THIS AGREEMENT is made this ________ day of _____________________, 2022, by and
between the City of Hastings, a Minnesota municipal corporation (“City”), and Marlane H.
Benedict, a single person (the “Owner”).
RECITALS
A. Owner is the fee owner of real property located at 3440 Cory Lane, in the City of
Hastings, Dakota County, Minnesota, legally described as follows:
Lot Ten (10), Block One (1) in SUNNY ACRES 4, according to the recorded plat
thereof.
Torrens Property
PID: 19-73203-01-100
Certificate of Title No. 95351
(“Subject Property”).
B. The City has found that certain repairs to the private water service are required.
C. The Owner will cause the construction of the required private water service repairs.
D. The Owner has requested that the City assess the costs of construction of the
required private water service repairs to serve the Subject Property.
E. The Owner acknowledges 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 Owner will hire and approve a
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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 Owner’s agreement to have the costs assessed against the Subject
Property as provided for in this Agreement. The Owner agrees 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: $5,000.00 (“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 3.34% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the
City Council’s approval of this Agreement. The Owner further agrees that the Assessment Amount
may be exceeded if the increases are a result of requests made by the Owner or otherwise approved
by the Owner in a subsequent written document. The first installment shall be due and payable
with first half of property taxes in 2023. Owner further agrees 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. Owner hereby authorizes 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 Owner hereby waives 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 Owner acknowledges
and agrees that the benefit of the Improvement to the Subject Property does in fact equal or exceed
the Assessment Amount. The Owner also acknowledges and agrees 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
Owner and the Owner’s 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 __________________________, 2022, 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
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OWNER:
By:
Marlane H. Benedict
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
__________________________, 2022, by Marlane H. Benedict, a single person.
Notary Public
THIS DOCUMENT 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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