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Home My WebLink About95-07 MOTION BY: WHEREAS, WHEREAS, {Seal} RS9507.wRT RESOLUTION 95-07 RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN AGREEMENT FOR A REFUND OF CERTAIN ASSESSMENTS TO DANIEL B. SCHERER AND BETTY JEAN SCHERER SCHENCK SECONDED BY:GREENFIELD Daniel B. Scherer and Betty Jean Scherer petitioned the City for a refund of certain special assessments levied by the City against Lot 19, Green heights 1 st Addition, Scott County, Minnesota, located within the City of Prior Lake; and this matter was considered and preliminarily approved by the Council at a meeting on January 3, 1995, with said approval conditioned upon adoption of Findings of Fact by the City Council and the drafting and approval by the City Council of a Refund Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,that: 1. The attached Findings of FAct concerning this matter are hereby approved and adopted. 2. The Mayor and City Manager are hereby authorized to enter into the attached Refund Agreement with Daniel B. Scherer and Betty Jean Scherer, Daniel E. O'Keefe and Cynthia D. O'Keefe and New Market Bank. 3. Upon recording of the fully executed Refund Agreement with the Scott County Recorder's Office, the City Finance Director is authorized to refund to the Scherers the sum of $2896.34 less the attorneys' fees and costs incurred by the City in drafting and recording of the Refund Agreement with the Scott County Recorder's office. Passed and adopted this 6th day of February, 1995. YES NO Andren Absent Andren Greenfield X Greenfield Kedrowski X Kedrowski Scott X Sco Schenck X Sc 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CONSENT AGENDA It: 4 (d) PREPARED BY: RALPH TESCHNER FINANCE DIRECTOR SUBJECT: CONSIDER APPROVAL RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN AGREEMENT FOR REFUND OF CERTAIN ASSESSMENTS TO DANIEL AND BETTY SCHERER DATE: FEBRUARY 6, 1995 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this agenda item is for the City Council to consider the adoption of Findings of Fact that would establish the basis for consideration of a special assessment refund for Daniel and Betty Scherer. Also, authorization is requested for the City to enter into a formal Refund Agreement stipulating that the current property owner as well as all future purchasers, transferees, successors and assignees are responsible for a connection fee at time of issuance of either a building permit or connection permit to the municipal system for the purpose of utilizing water and sewer service. The City Council approved the assessment refund at a meeting on January 3, 1995 conditioned upon the approval of a Findings of Fact relative to this particular situation and the drafting of a Refund Agreement establishing certain conditions to be fulfilled prior to the refund payment. The Findings of Fact (see attached document) identify ten (10) specific facts that are associated with this special assessment refund and are intended to narrow the scope of consideration so as to avoid a general pattern of precedence with respect to such refunds. The Refund Agreement itself (see attached document) requires that the Scherers comply with the following conditions: 1. Obtain consent to refund from O'Keefe and Mortgagee. 2. Obtain consent from O'Keefe and Mortgagee that they will be subject to a future connection fee if the property connects to the municipal sewer and water system. 3. Scherers pay all costs associated with this petition, including attorney and recording fees, incurred by the City of Prior Lake prior to the issuance of a refund check. RECOMMENDATION: Enclosed is a Resolution Adopting Findings of Fact and Approving an Agreement for a Refund of Certain Assessments to Daniel B. Scherer and Betty Jean Scherer. The Resolution authorizes the Mayor and City Manager to enter into the Refund Agreement. The amount of the special assessment refund is $2,896.34 and shall be paid subject to full remittance 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER by the Scherers to Lommen Nelson Law Firm for reimbursement of the City's legal costs related to this matter. ACTION REQUIRED: A motion to approve Resolution 95-x Adopting Findings of Fact and Approving An Agree ent For A Refund of Certain Assessments to Daniel B. Scher d Be ean Scherer as part of the consent agenda would be i der. REVIEWED BY: A9501.WRT REFUND AGREEMENT THIS AGREEMENT entered into as of this c..~", day of February, 1995, by and among The City of Prior Lake, a Minnesota! municipal corporation (hereinafter "City"), tla"....r.. Damel B. Scherer and Betty Jean Scherer (hereinafter "Scherer"), Daniel E. O'Keefe and Cynthia D. O'Keefe (hereinafter "O'Keefe") and New Market Bank (hereinafter "Mortgagee") RECITALS WHEREAS, Scherer petitioned the City for a refund of certain special assessments levied by the City against Lot 19, Green Heights First Addition, Scott County, Minnesota, located within the City (hereinafter the "Property"), and WHEREAS, the City required Scherer to payoff the balance of the special assessments prior to considering Scherer's refund petition, and WHEREAS, Scherer subsequently sold the Property to O'Keefe who placed a mortgage with Mortgagee on the Property, and WHEREAS, as a condition for the City to approve Scherer's petition for a refund, City required that Scherer and Mortgagee execute this Agreement for recording with the Scott County Recorder's Office. NOW, THEREFORE, in consideration of the grant of Scherer's petition by cancellation of and refund of certain amounts paid by Scherer upon certain special assessments levied by the City against Lot 19, Green Heights FirstAddition, Scott County, Minnesota with a determination that said lot is unbuildable and based upon certain findings adopted by the City Council of the City approving Scherer's petition, and other good and valuable consideration, the sufficiency of which is agreed to by the parties, the parties agree as follows: "---"---~----'---'----"'._----~~--'-_.~----_._-'-'- - --.......-.-----...--- .-._-_.....-_.._-_.._._--_._~._-_._._--_.__...._.,,~..----------.-.-- 1. O'Keefe and Mortgagee consent to the assessment refund being paid to Scherer by City and waive any and all claims to it. 2. O'Keefe and Mortgagee and any and all purchasers, transferees, successors, assignees and subsequent mortgagees as record owners and holders of mortgagees upon the above-described Property, agree in the event that the Property is subsequently made or determined to be buildable, the City may impose connection or other fees in lieu of assessments as a condition to issuance of a building permit or to the connection of the Property to the municipal water and sanitary sewer systems. 3. The City shall cause this Agreement to be recorded with the Scott County Recorder's Office and the recording costs shall be the responsibility of Scherer. 4. All costs associated with the grant of Scherer's petition, including the attorney's fees incurred by City in drafting this Agreement and recording costs, shall be the responsibility of Scherer and shall be paid by Scherer prior to the refund payment by the City. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ~:t:IuV ,I) ng 0"1- 0, C thia D. O'Keefe ~~~, ~~ Betty Jean hd'er ~ .el .0 eefe ~ (1f;.~ t5. Dohald B. Scherer - THE CITY OF PRIOR LAKE NEW MARKET BANK B~ Its Ec:.-e- /' ~ - STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this i day of February, 1995, by Daniel E. O'Keefe and Cynthia D. O'Keefe, an . Notary STATE OF MINNESOTA COUNTY OF SL.OH- ) ) SS. ) ~ I e CHR!3 r ROONEY I . NOTARY PUBUC-MINNESOTt, I' SCOTT COUNTY I ItlCam1l1sionExplnl'JAN.31.2000 ( ) ) SS. ) I I e. CHERYL LM DRUMMER "" ._ NOTARY PUBl.IC--MINNESOTA .' '.' SCOTT COUNTY . "'eo--Eocpno.....31._ The foregoing instrument was acknowled ed before 1995, by Donald B. Scherer and Betty Jean Sc r husb STATE OF MINNESOTA COUNTY OF >~,.~ The~~~' ~ aelmewledged before me this Z day of February, 1995, by ,the U~.L ~-'$/47~~f New Market Blink, a Minnesota corporation, on behalf of said corporation. / STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) 01, tIdtz.v The foregoing instrument was acknowledged before me this qf:{, day of February, 1995, by Lee Andren and Frank Boyles, the Mayor and City Manager of City of Prior Lake, · - mwrid,.I """"don. '" """" "'(};1-',.I _00. N_ lie ~ THIS INSTRUMENT WAS DRAFTED BY: Lo=en, Nelson, Cole & Stageberg, I>.A. 1800 IDS Center (GRK) 80 South 8th Street Minneapolis, MN 55402 (612) 339-8131 . ANGElAJASFBlS NOWIY PlBIt ... 1I )Ill. SCOTTCOOOY 1II~"'JlNI1.1111111 S:\SHDATAII6mGIGRKlSCHERER.AGT LOMMEN NEIJS()N RECFI\It:"n fEB 27 1:::;; CITY Of ~tcC'1 ~ I 1800 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 LAW FIRM Grandview Professional Building, Suite 210 400 South Second Street Hudson, Wisconsin 54016 Lommen, Nelson, Cole & Sfageberg, RA. (612) 339-8131 Minnesota WATS (800) 752-4297 FAX (612) 339-8064 Glenn R. Kessel Attorney at Law (715) 386-8217 Twin City Line (612) 436-8085 FAX (715) 386-8219 Minneapolis Office Internet Address: GLENN@EMAIL.LOMMEN.COM (612) 336-9338 February 23, 1995 Mr. Ralph Teschner City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 Re: Special Assessment Refund - Scherer Dear Ralph: We have filed for recording the executed Refund Agreement with the Scott County Recorder's Office. I have enclosed a statement for our costs and services incurred in this matter, together with the recording costs. As soon as we receive the recorded Refund Agreement back, I will forward the Agreement to you for your records. Very truly yours, [.EN' NELSON, COlE & STAGEBERG, P,A, Glenn R. Kessel GRK/dh S:\SHDA T A \16772G\GRK\LETTERS\TESCHN-3 .LTR ;1RR-28-1995 10: 32 FROM TO 94474245 P.<l2 ,------ ~ LOMMEN NELSON I~m~", N~J.'QlI. Cole .& Sla8eber~. p. A GranJvieoM Professional Building,. Suite 210 400 South Secon.d Stroet Hudson. Wisconsin 54016 1800 IDS ~'ET SO South Eighdl SlnXt Mmncapolis.. MinncsQ1a $5402 LAW FIRM (612) 339-8131 MinncJola WArs (800) 752.A297 FAX (612) 339-8064 Glenn R. Kessel Attorney at La..... (715) 386-8217 T"'in City Line (612) 436-8085 FAX (7IS) 386-8219 MinneltpOlis Office Inttrnet Address: Gl..EN.ft:8EMAIL.~.COM (612) 336-9338 February 24, 1995 City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 RE: SCHERER SPECIAL ASSESSMENT REFUND 1/12/95 Receive and review of correspondence re; Scherer refund; telephone conference with Ralph Teschner; draft revised agreement: correspondence to Ralph Teschner 2.20 hrs $231.00 1/26/95 Draft Resolution; draft revised Findings; correspondence to Ralph Teschner rc; Scherer .50 hrs $52.50 1130/95 Telephone conference with Ralph Teschner; revise documents: correspondence to client .20 hrs $21.00 2/23/95 Draft correspondence to Scott County Recocder's office; l'e(:ord agre.::ment .20 hrs $21.00 Current Billed Fees; $325.50 Disbursements and Other Services; 2/23/95 Scott County Recocder $19.50 Total Current Billed Amount $345.00 r-~........... E r. . : :;L t,\ IL-1 LJ-l lb.",,,!> lU )