HomeMy WebLinkAbout2011-171RESOLUTION 2011 -171
APPROVAL OF AGREEMENT OF ASSESSMENT AND WAIVER OF
IRREGULARITY AND APPEAL
WHEREAS, the City of Stillwater completed certain property clean up actions on the
property at 356 Ramsey St W in the fall of 2010 and the winter of 2011; and
WHEREAS, it is the policy of the City to assess the costs of the clean up actions against
the property; and
WHEREAS, the current owners, Chance and Melissa Davis, (hereinafter "Owners ")
purchased the property without these clean up charges being disclosed to them; and
WHEREAS, the Owners are requesting that the assessment be deferred until tax year
payable 2013 in order that they can pursue an action against the previous property owner
for this charges; and
WHEREAS, the Owners agree that a special assessment be spread against their property
in five (5) equal annual installments with interest on the unpaid balance at the rate of 4
1/2% simple interest per annum starting in tax year payable.
BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement of
assessment and waiver of irregularity and appeal agreement between Chance and Melissa
Davis and the City of Stillwater is hereby approved and authorizes the Mayor and City
Clerk to sign the agreement; and
BE IT FURTHER RESOLVED, by the City Council of Stillwater, MN that the
assessment on 356 Ramsey St W (PID # 28.030.20.42.0137) be struck from the
assessment rolls for tax year payable 2012 as listed in Resolutions # 136 and 137.
Adopted by the City Council of the City of Stillwater this 15 day of November, 2011.
CITY OF STILLWA
AT EST:
Diane F. Ward, City Clerk
AGREEMENT OF ASSESSMENT AND WAIVER OF
IRREGULARITY AND APPEAL REGARDING
CITY OF STILLWATER PROPERTY CLEAN UP WORK
THIS AGREEMENT,IS MADE THIS /Y day of „Fewviiii 2011, between the
City of Stillwater, 216 N. 4th Street, Stillwater, State of Minnesota, 55082, hereinafter
referred to as the City and Chance &Melissa Davis, owner of the property at 356
Ramsey St W in Stillwater, Minnesota(PID#28.030.20.42.0137)hereinafter referred to
as Owner.
In consideration of the action of the City Council related to property clean up, owner
hereby approves the work completed by the City to demolish a garage, complete storm
water improvements, install a retaining wall, and other clean up services (the
"Improvements") at the above location pursuant to Statutes, Chapter 429. These costs
will be incorporated into the assessment roll for the project and will be spread over a five-
year period, at an annual interest rate of 4.5%, and payable with annual property taxes
starting in payable tax year 2013. The total cost of the Improvements is $8,935.79. The
owner may at anytime after the assessment hearing and prior to November 15th of any
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year, pay the remaining principal balance(in whole or part)to the City of Stillwater.
OWNER expressly waives objection to any irregularity with regard to the property clean
up improvements and assessments and any claim that the amount thereof levied against
owners property is excessive,together with all rights to appeal in the courts regarding the
Improvements.
IN TESTIMONY WHEREOF, dtame,1 hereunto signed this
agreement the day and year above written.
OWNER , CITY OF STIL i•"'R
By:
Chance Davis Ken . ki, Its Mayor
? 16214((---"
Melissa Davis Diane F. Ward, Its Clerk
STATE OF MINNESOTA )
)s.s.
COUNTY OF WASHINGTON )
On this / lay of 0 024(n.b r— , 2011, before me a Notary Public
within and for said County, Appeared Ken Harycki and Diane Ward to me personally
known who,being duly sworn did say they are the Mayor and City Clerk named in the
foregoing instrument and that this instrument was signed as the free act and deed of the
City of Stillwater, Minnesota, a Minnesota municipal corporation.
,y ,2 NANCY MANOS
i < < NOTARY PUBLIC-MINNESOTA
!� My Conpl ioe Expires Jam Notary P ;Q c
STATE OF MINNESOTA )
)s.s.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 14 day of i'IOV- , 2011.
By Chance Davis and Melissa Davis, Owner.
otary Public
,��a,,�.JEANNE M ANDERSON
'�'` NOTARY PUBLIC
MINNESOTA
„,m My Commission Expires Jan.31,2015;
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