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HomeMy WebLinkAbout2014-164 RESOLUTION NO. 2014-164 APPROVAL OF AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL AND ADOPTING ASSESSMENT FOR 2007 SCHULENBERG ALLEY(PARCEL 21.030.20.14.0016) WHEREAS, a request by Kristel C. Buck-Ulrick, 2007 Schuelenberg Alley to consider action of the City to hookup sanitary sewer at the Owners' property as a result of septic system failure and WHEREAS, it is proposed to assess the costs against the property of the Owners; and WHEREAS, the Owners agree that a special assessment be spread against their property in ten (10) equal annual installments with interest on the unpaid balance at the rate of 3.5% simple interest per annum. BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement of assessment and waiver of irregularity and appeal agreement between Kristel C. Buck- Ulrick, and the City of Stillwater is hereby approved and authorizes the City Administrator and City Clerk to sign the agreement. BE IT FURTHER RESOLVED, the special assessment of$8,455.77 is hereby adopted that includes: Contractor Quote $5, 870.70 Metropolitan SAC charge $2,485.00 City Sewer Connection Fee $100.00 1. Such assessment shall be payable in equal annual installments extending over a period of ten (10 years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2014. If the assessment is not paid by November 15, 2014, accrued interest from the date of the adoption of the assessment roll through December 31, 2015 will be added with the first installment due in 2015. If payment is not received by November 15, 2014, the amount listed above will be collected over a 10-year period with interest added at 3.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part)to the City of Stillwater. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Stillwater this 7th day of October, 2014 �/� Ken . Mayor ATTEST: 2()42770C—. Diane F. Ward City Clerk AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this 1 day of J U�f , 2014, between the City of Stillwater, Washington County, State of Minnesota ("City") and Kristel C. Buck-Ulrick of 2007 Schuelenberg Alley, Stillwater, Minnesota("Owner"). In consideration of the action of the City to connect the Municipal Sanitary Sewer System to the Owner's home and to assess the costs against the property of the Owner, the Owner agrees that a special assessment be spread against her property in ten (10) equal annual installments with interest on the unpaid balance at the rate of 3.5% simple interest per annum. The property address is: 2007 Schuelenberg Alley, Stillwater, Minnesota Geocode: 21.030.20.14.0016 84201K-61, Costs, as used in this Agreement, mean the contractor's estimate of costs in the amounty� of t, `J'� e , S,$ZV,11 t , , which includes the costs of installation in the amount of $5,4130.00, a Metropolitan SAC charge of$2,485.00 and a City Sewer Connection fee of$100.00. Owner expressly waives objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against Owner's property is excessive and also waives all rights to appeal the assessment in the courts. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this Ogday of 06ItA.Q.V , 2014. CITY OF STILLWATER t.Ay.A444441spi Larry D. sen, City Administrator ATTEST d 2- Diane F. Ward, Clerk OWN R is el C. Buck-Ulrick STATE OF MINNESOTA ) ) ss COUNTY OF WASH GTON ) On this day of July, 2014, before me, a Notary Public within and for said County, appeared Larry D. Hansen and Diane Ward, who did affirm that'they are respectively the City Administrator and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. q "° NANCY MANOS ICO l f1( NOTARY PUBUC-MINNESOTA ,` ' kV 31.2015 Not ublic STATE OF MINNESOTA ) ) ss COUNTY OF WASH GTON ) On this day of July, 2014, before me, a Notary Public within and for said County, appeared Kristel C. Buck-Ulick, Owner. NANCY MANOS Nati 'ublic ?& ` NOTARY PUBLIC-MINNESOTA MyConln onExpresJa>f+31.2x15