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HomeMy WebLinkAbout2018-244 (amending Resolution 2018-129 and the Assessment Appeal Waiver Agreement for Boutwell Farms) RESOLUTION NO. 2018-244 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTION 2018-129 AND THE ASSESSMENT APPEAL WAIVER AGREEMENT FOR BOUTWELL FARMS WHEREAS, the City Council entered into a Development Agreement with Boutwell Farms on June 5, 2018 that contained certain fees, one of which is the Transportation Adequacy Fund (TAF), in the amount of$29,921.00, which results in an assessment of$3,324.56 per lot; and WHEREAS, the City Council approved Resolution 2018-129 on June 19, 2018, which authorized the adoption of an assessment for the TAF fees in the amount of$30,248.19, which results in an assessment of$3,360.91 per lot; and WHEREAS,the fees contained in the Development Agreement and the Resolution for the TAF are not consistent, resulting in an error in the Assessment Waiver Agreement, which was approved by the Council and subsequently recorded as document number 4171418 against the Boutwell Farms development property, with fees of$30,248.19; and WHEREAS, it has been determined that the TAF fees identified in the Development Agreement, namely $29,921.00, is the correct calculation for the TAF fees; and WHEREAS, the City Council desires to correct the error in the assessment for the properties in the Boutwell Farms Development. NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater as follows: 1. Resolution 2018-129 is hereby amended to reflect a total assessment of$29,921.00; which results in an assessment of$3,324.56 per lot. 2. The Assessment Appeal Waiver is hereby amended to reflect a total assessment of $29,921.00; which results in an assessment of$3,324.56 per lot. 3. The Mayor, City Clerk and appropriate City Staff are hereby authorized to take all actions necessary to amend these documents and record them appropriately. Enacted by the City Council of the City of Stillwater, Minnesota this 13th day of November 2018. CITY OF STI LWATER Ted Kozlowski, Ma or AiATTEST: / �y (Gt (-/ Diane F. Ward, City Clerk