HomeMy Public PortalAbout1985-120Member
moved its adoption:
introduced the following resolution and
CITY OF MEDINA
RESOLUTION NO. Y�''/2
RESOLUTION ORDERING PREPARATION OF
PARTIAL REASSESSMENT FOR THE IMPROVEMENT
OF HUNTER DRIVE SOUTH AND CALLING
FOR A PUBLIC HEARING THEREON
�EAS, the Medina City Council approved resolution
No. 32 �L (L on the /?1 day of ,�d,r 1, f 5 C, , 198 ' whereby it
adopted an assessment roll for the improvement of Hunter Drive
South; and
WHEREAS, as a part of that roll, an assessment was placed
against property owned by Hunter Trail Partnership, which proper-
ty was then legally described in Exhibit A attached hereto, and
which assessment was in an amount equal to five lots; and
WHEREAS, the City of Medina and Hunter Trail Partnership
entered into an agreement dated the 4th day of September, 1984, a
copy of which is attached hereto as Exhibit B, by which agreement
the parties recognized the possible future division of the
property into more than five lots and planned for the
reassessment of the property upon its further subdivision; and
WHEREAS, on the c''') day of 3 ' IP 'r � 42-1/"' , 1985, the Medina
City Council gave final approval t the plat for Hunter Trail
subdivision, which plat created eight lots; and
WHEREAS, pursuant to Minnesota Statutes, Section 429.071,
subd. 2, the Medina City Council wishes to reassess the property,
now legally described as Lots 1-8, Hunter Trail, for the
additional three lots created by the plat;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Medina, Minnesota as follows:
1. The city clerk, with the assistance of the city engineer, is
hereby authorized and directed to calculate the proper
amount to be specially reassessed against each of the eight
lots within the property and shall file a copy of such
proposed reassessment in her office for public inspection.
2. A public hearing shall be held on the % day of
, 198 /_ in city hall at Y: 0 > p.m. to pass upon
such propdsed reassessment and at such time and place all
persons owning property affected by such reassessment will
be given an opportunity to be heard.
3. The city clerk is hereby directed to cause a notice of the
hearing on the proposed reassessment to be published once in
the official newspaper and to be mailed to the owner of each
parcel described in the reassessment roll at least two weeks
prior to the hearing. The notice shall comply with the
requirements of Minnesota Statutes, Section 429.061,
subd. 1.
DATED:
/`/ , 1985.
ho as And son, ayor
ATTEST:
Donna Roehl, Clerk/Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:��
47 ) (4-4' j r"� , 5L- , ems(.` cab•, !� E' i ::,tip , 41/, l7 e //, / . !'K
and the following voted against same:
�t .'2e
Whereupon said resolution was declared duly passed and adopted.
2
day of
EXHIBIT B
AGREEMENT
(ASSESSMENT OF PROPERTY)
THIS AGREEMENT, Made and entered into this
, 1984 by and between the City of Medina,
a Minnesota municipal corporation ("Medina"), and Hunter
Trail Partnership, a Minnesota general partnership ("Hunter
Trail").
WITNESSETH THAT:
WHEREAS, Hunter Trail is the owner of certain
property (the "Property") in the City of Medina located
along the west side of Hunter Trail, being described on
Exhibit A a;..tached hereto and hereby made a part hereof;
and
WHEREAS, Medina is proposing to improve Hunter
Trail by a project, identified as Project 84-1 (the "Project"),
for the excavating, grading and bituminous surfacing of
Hunter Trail from County Road No. 24 south to the southern
corporate limits of Medina; and
WHEREAS, the City Council, by Resolution adopted
August 15, 1984, at a public hearing called to determine
the assessments against all properties benefited by the
Project, has determined that the Project should be assessed
on a per lot basis against all properties within the benefited
area, which benefited area includes the Property; and
WHEREAS, the Property is presently comprised
of one (1) large parcel, but a preliminary plat has been
presented to Medina for development of that Property into
eleven (11) separate lots, and further discussions have
been held with Medina relative to development of that Property
into five
(5) separate lots, therefore the exact number
of lots which would be developed on the Property is presently
not known, and the parties wish to agree upon the method
of assessment of the Property, all as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements hereinafter set forth,
Medina and Hunter Trail do hereby agree as follows:
1. The Property shall be assessed as, and for,
five (5) lots.
2. If a division of the Property should hereafter
be made creating more than five (5) lots, then for each
lot in excess of five (5) Hunter Trail agrees that Medina
may assess each such excess lot, as of the date of the
division creating such excess lot, the sum of Two Thousand
Two Hundred Dollars ($2,200.00), such assessment to be
over a period equal to the then remaining term of the original
ten (10) year assessment for the Project, and at an interest
rate of ten and one-half (10.5%) percent commencing as
of the date of the division creating the excess lot; provided,
however, that in no event shall an assessment be made pursuant
hereto for more than six (6) additional lots [for a total
assessment equal to eleven (11) lots on the Property],
and in no event shall any sum be assessed or be paid or
2
payable for the Project for any lots which are created
by a division occurring after the twentieth (20th) anniversary
of the date of the Medina City Council resolution levying
the original assessments for the Project.
3. For purposes of this Agreement, a division
of the Property creating a lot shall be deemed to have
been made (i) on the date of final approval by Medina City
Council of a plat, as defined in Medina Subdivision Regula-
tions, Section 820.17, Subd. 45, of all or any part of
the Property, (ii) on the date of recording of any conveyance
of a portion of the Property, which conveyance need not
be approved by Medina City Council, or (iii) on the date
of a Medina City Council resolution approving a division
of the Property without a plat pursuant to Medina Subdivision
Regulations, Section 820.17, Subd. 45.
4. It is understood and agreed that the original
assessment for five (5) lots shall be made against all
of the Property; that such original assessment will be
apportioned equally among the lots into which the Property
is hereafter divided up to a maximum of five (5) lots,
when and if the property is divided; and that lots created
on the Property in excess of five (5) will be separately
assessed for the Project pursuant hereto when the division
creating such excess lot or lots is made as herein provided.
5. The provisions hereof shall be binding on
Hunter Trail and its successors and assigns and all future
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owners of all or any part of the Property, and are for
the benefit of Medina and Its successors and assigns.
HUNTER TRAIL PARTNERSHIP
By
i
a ,gerkeXal_:p-artner
a gep,gral partner
general partner
CITY OF MEDINA
By
And
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument
me this qth day of Sepbarker , lg
Thanas S . EYickson a n d Donald M.
partners, on behalf of Hunter Trai
partnership.
Its
Its
was acknowledged before
by Larry W. Johnson
Erickson , general
1, a Minnesota general
--
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MARDELL SLUKA
r NOTARY PUBLIC MINNESOTA
�„. HENNEPIN COUNTY
` NI.."My Commission Expires Aug 25. 1990
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before
me this _ day of , 19 , by
and the and
of the City of Medina, a Minnesota
municipal corporation, on behalf of the corporation.
E?4-IIBIT A
Lot 1, Block 1, D.M.E. Addition, according to the recorded plat; and
The SE 1/4 of the NW 1/4; and
The S 1/2 of the NE 1/4 of the NW 1/4, except the North 280.5 feet
thereof, and except that part within the plats of Luby's Plateau and
D.M.E. Addition,
All in Section 25, Township 118, Range 23, Hennepin County, Minnesota.
Excepting, however, from the above described property that part of
the Southeast Quarter of the Northwest Quarter of Section 25, Township
118, Range 23, Hennepin County, Minnesota described as follows: Beginning
at the southeast corner of said Southeast Quarter of the Northwest
Quarter; thence on an assumed bearing of North along the east line
of said Southeast Quarter of the Northwest Quarter a distance of 576.58
feet; thence West a distance of 95.80 feet; thence southwesterly a
distance of 81.56 feet along a tangential curve concave to the south
having a radius of 165.00 feet and a central angle of 28 degrees 19
minutes 22 seconds; thence Sough 61 degrees 40 minutes 38 seconds
West a distance of 239.00 feet; thence southwesterly a distance of
77.82 feet along a tangential curve concave to the north having a
radius of 300.00 feet and a central angle of 14 degrees 51 minutes
48 seconds; thence South a distance of 420.49 feet to the south line
of said Southeast Quarter of the Northwest Quarter; thence easterly
along said south line to the point of beginning.