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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 - 3 - 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 -- - 4 - 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.