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HomeMy Public PortalAbout1981-048" , s Member M adoption: introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO./-�� RESOLUTION ORDERING IMPROVEMENT OF UNPLATTED LAND WHEREAS, a petition was filed by all the owners of the land described on Exhibit A, which is attached hereto and made a part hereof by reference, for the improvement of said land by the construction of sanitary sewer pursuant to Minnesota Statutes Chapter 429; and WHEREAS, the Council has received a preliminary report, and additions thereto, from McCombs/Knutson Associates, Inc., City Engineers, that the proposed improvement is feasible and can best be made as proposed in said report, said feasibility report being hereby adopted confirmed; and WHEREAS, the said City Engineers have previously pre- pared Plans and Specifications, and additions thereto, for the making of the improvement, which Plans and Specifications which are attached hereto and made a part hereof by reference, are hereby confirmed and approved; and WHEREAS, bids upon the making of the improvement under the approved Plans and Specifications have been previously adver- tised, received, and considered by the City Council; NOW, THEREFORE, Be It Resolved by the City Council of the City of Medina, Minnesota: 1) The Council finds and determines that said Petition was signed by all owners of real property named as the location of the improvement. 2) Such improvement is hereby ordered as proposed. 3) That the cost of such improvement to be specially assessed upon the district affected, without regard to cash valuation, as provided by law, is $13,000.00. 4) A hearing shall be held on the 6th day of October, 1981, in the Medina City Hall, at 8:00 p.m., to pass upon such proposed assessment, and at such time and place, all persons owning the affected property will be given an opportunity to be heard with reference to such assessment. 5) The City Council declares that all persons owning the property affected by this improvement have received actual notice of said hearing and have waived timely published and mailed notice of City of Medina Resolution No. Page two the said hearing. 6) The City Council finds that the proposed improvement of unplatted land can be more economically completed if consolidated and joined as one project with the Medina Morningside Improvements and the Council hereby consolidates the said improvement of unplatted land with the Medina Morningside IMprovements. Dated: �� - , 1981. Th. as And son Mayor ATTEST:� �7 Donna Roehl, Clerk The motion for the a o do of the foregoing resolution was duly seconded by member gretu) and upon roll call, the following members voted in favor th reof: and the following voted against same: Whereupon said Resolution was declared duly passed and adopted. 1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES TO That part of the South Half of the Northeast Quarter of Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest corner of the East 444.44 feet of the Southeast Quarter of the Northeast Quarter of Section 28, Township 118, Range 23; thence North along the West line thereof to the South line of the Plat of Medina-Morningside; thence Westerly along the South line of said Plat to the Southeast corner of Lot 1, Block 4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West, a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15 seconds West to the southeast corner of Lot 2, Block 4, said Plat; thence continuing along the Southerly line of said Block 4, to the southwest corner of Lot 8, said Block 4, thence Northerly along the West line of said Lot 8 a distance of 85.08 feet; thence Northwesterly parallel with the Southwesterly line of Lot 9, said Block 4 to its intersection with the Northwesterly line of said Lot 9 extended, thence Northeasterly along said extended line to the southwest corner of said Lot 9; thence Northwesterly to the southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition; thence southwesterly to the most southerly corner of Lot 2, Block 4, Medina Morningside 1st Addition; thence southerly parallel with and 651.4 feet East from the West line of the Southwest Quarter of the Northeast Quarter, said Section 28, to the south line thereof; thence East to beginning. PETITION FOR LOCAL IMPROVEMENT October , 1981. TO THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA: We, the undersigned owners of all of the real property described on Exhibit A, petition that such property be improved by the installation of sanitary sewer, including provision for e-i-g-ht--f84-9-eWe'—eettne'et-i-®148 --and the extepsion of water service to the boundary of the property, pursuant to Minnesota Statutes, Chapter 429. K-L, a co -partnership consisting of Fredrick J. Keller and Donald C. Lindvall By: �QA Q drick J. eller, Partner This Petition was examined, checked and found to be in proper form and signed by the required property owners of the property affected by the making of the improvement petitioned for. CITY OF MEDINA By: Donna Roehl, City Clerk 1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES TO That part of the South Half of the Northeast Quarter of Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest corner of the East 444.44 feet of the Southeast Quarter of the Northeast Quarter of Section 28, Township 118, Range 23; thence North along the West line thereof to the South line of the Plat of Medina-Morningside; thence Westerly along the South line of said Plat to the Southeast corner of Lot 1, Block 4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West, a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15 seconds West to the southeast corner of Lot 2, Block 4, said Plat; thence continuing along the Southerly line of said Block 4, to the southwest corner of Lot 8, said Block 4, thence Northerly along the West line of said Lot 8 a distance of 85.08 feet; thence Northwesterly parallel with the Southwesterly line of Lot 9, said Block 4 to its intersection with the Northwesterly line of said Lot 9 extended, thence Northeasterly along said extended line to the southwest corner of said Lot 9; thence Northwesterly to the southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition; thence southwesterly to the most southerly corner of Lot 2, Block 4, Medina Morningside 1st Addition; thence southerly parallel with and 651.4 feet East from the West line of the Southwest Quarter of the Northeast Quarter, said Section 28, to the south line thereof; thence East to beginning. WAIVER OF APPEAL RIGHTS FOR LOCAL IMPROVEMENT October , 1981. TO THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA: We, the undersigned owners of all of the real property described in the PETITION FOR LOCAL IMPROVEMENT which is attached hereto and made a part hereof by reference, hereby declare that we have received actual notice of the amount of the proposed assessment ordered pursuant to said petition, the time and place at which the. Council will pass upon the proposed assessment, and all of the matters set forth in the notice of meeting on the proposed assessment, and do hereby waive all notices, and the timeliness thereof, under Chapter 429 of Minnesota Statutes, all rights of appeal, including appeal rights under §429.036, and §429.081 of Minnesota Statutes, and any other rights whatever, to test the validity of the assessment made pursuant to the said PETITION FOR LOCAL IMPROVEMENT, said assessment being in the amount of $13,000.00. K-L, a co -partnership consisting of Fr eick J. Keller and Donald C. Lindvall By: Fredric 11 er, Partner DEVELOPMENT CONTRACT This Contract is made this day of October, 1981, between K-L, a co -partnership consisting of Fredrick J. Keller and Donald C. Lindvall, hereinafter called the Developer, and the City of Medina, Minnesota, hereinafter called the City. WHEREAS, the City has drawn plans and specifications for the installation of a sanitary sewer, lift station and necessary appurtenances, which installation serves as the trunk sewer ri `ki main for real estate which is described on Exhibit A and attached � hereto; NOW, THEREFORE, It Is Agreed between the parties hereto as follows: `. 1. The Developers warrant that they are the owners of the vendees interest in a contract for deed which is attached hereto as Exhibit A; The Developer hereby agrees to convey to the City,the easements which are attached hereto as Exhibit B, and the Developer further agrees to procure and obtain conveyance of the easements which are attached hereto as Exhibit C from the Vendors of the contract for deed identified as Exhibit AJ.��acpa� o,�o�c, 3. The City agrees to pay $16,000 for the said easements•i and the Developer agrees that the City may assess the property described in Exhibit A in the amount of $13,000 for the public improvements described above, provided that payments of installments upon the said assessments so levied shall be deferred pursuant to resolution of the City Council until the platting of the property or the construction of improvements thereon pursuant to resolution of the City Council and the terms of Minnesota Statute 429.061, Subd. 1, t3; 4. The resolution of the City Council deferring payment of the assessments notwithstanding, the Developer agrees to pay all or a proportional part of the said assessment to the City, upon any sale, transfer, conveyance, forfeiture, lapse, contract for deed cancellation, or any other transfer whatever, of the described real estate or part thereof, provided, that if such payment or proportional part thereof remains unpaid thirty (30) days after lawful demand therefor, the City may, without limitations on its options for relief, declare the full amount of the assessment due and payable immediately and direct the County Auditor to collect such assessment in one installment, pursuant to Minnesota Statutes 429.061. 5. The improvements described herein include the following: a. The City agrees to extend a water main southerly from its present terminus in Elsinore Circle West, to the developer's North property line,and at such time as development is permitted, to extend water service to the Developer's property as described in paragraph 5 of the said easement documents, upon such terms and conditions as required by the ordinances and utilities policies of the City of Medina which prevail at the time of the extension of the water main; :all c' itary r•^+-� •�pClf7T1 a'F L�f� }'1 t7�}'� De d er gravity line which commences a6 6he- i-ntar ee- ion o€ the s-er`ro-r-ci�Y=yperty1— southeT ly te-rx►-intts of gIzinore Ci c e----Weat-- and t ntified on the At such time as sanitary sewer service is available to the Developer's property ` connections will be made on the terms and conditions then prevailing under the ordinances and public utilities policies of the City of Medina. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated below. Dated: , 1981. K-L, a co -partnership consisting of FredC J. Keller and Donald C. Lindvall Dated: /d/.2 , 1981. By: J. l�� Fredric l�r, rtner CITY OF ME By: C/4 ��/CL�� Its C.Cc2 1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES TO That part of the South Half of the Northeast Quarter of Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest corner of the East 444.44 feet of the Southeast Quarter of the Northeast Quarter of Section 28, Township 118, Range 23; thence North along the West line thereof to the South line of the Plat of Medina-Morningside; thence Westerly along the South line of said Plat to the Southeast corner of Lot 1, Block 4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West, a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15 seconds West to the southeast corner of Lot 2, Block 4, said Plat; thence continuing along the Southerly line of said Block 4, to the southwest corner of Lot 8, said Block 4, thence Northerly along the West line of said Lot 8 a distance of 85.08 feet; thence Northwesterly parallel with the Southwesterly line of Lot 9, said Block 4 to its intersection with the Northwesterly line of said Lot 9 extended, thence Northeasterly along said extended line to the southwest corner of said Lot 9; thence Northwesterly to the southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition; thence southwesterly to the most southerly corner of Lot 2, Block 4, Medina Morningside 1st Addition; thence southerly parallel with and 651.4 feet East from the West line of the Southwest Quarter of the Northeast Quarter, said Section 28, to the south line thereof; thence East to beginning.