HomeMy WebLinkAbout4D - Scherer AssessmentsCONSENT AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
4 (d)
RALPH TESCHNER FINANCE DIRECTOR
CONSIDER APPROVAL RESOLUTION ADOPTING FINDINGS OF
FACT AND APPROVING AN AGREEMENT FOR REFUND OF
CERTAIN ASSESSMENTS TO DANIEL AND BETTY SCHERER
FEBRUARY 6, 1995
INTRODUCTION:
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.
BACKGROUND:
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.
DISCUSSION:
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.
.
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.
o
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:
REVIEWED BY:
A motion to approve Resolution 95-x Adopting Findings of Fact and
For A Refund of Certain Assessments to Daniel
Scherer as part of the consent-agenda would be
Approving An
.B. Scher~'~d
A9501.WRT
RESOLUTION 95-
$o
MOTION BY:
WHEREAS,
WHEREAS,
ADOPTING FINDINGS OF FACT AND APPROVING
AN AGREEMENT FOR A REFUND OF CERTAIN ASSESSMENTS
TO DANIEL B. SCHERER AND BE'I'FY JEAN SCHERER
SECONDED BY:
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
1st 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.
.
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.
,
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 Andren
Greenfield Greenfield
Kedrowski Kedrowski
Scott Scott
Schenck Schenck
{Seal}
RSXXX.WRT
Frank Boyles
City Manager
City of Prior Lake
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FINDINGS OF FACT
Special Assessment Refund Consideration
(Lot 19 Green Heights Addition)
(P.I.D. # 25 102 021 0)
February 6, 1995
Daniel B. Scherer and Betty Jean Scherer petitioned the City Council to consider a refund for
special assessments in the amount of $2,896.34, which includes interest paid, pertaining to water
and sewer assessed against Lot 19 Green Heights 1st Addition. The City Council, after
considering this matter as Agenda Item No. 7C at the City Council meeting on January 3, 1995,
hereby adopts the following Findings of Fact:
1. All special assessments outstanding against said property be paid in full prior to
placing the reimbursement petition on the City Council agenda.
2. Approximately .75 % of the parcel currently lies within the flood plain.
3. The depth of the lot is extremely shallow which restricts the building envelope to
a substandard size.
4. The lot is currently unbuildable and therefore denied building permit consideration
by the City.
5. Due to the low elevation at the time of assessment, the lot should not have been
originally assessed a frontage charge for water and sewer improvements.
6. The existing special assessment balance was paid in full by the Scherers at time
of sale of the property to Daniel and Cynthia O'Keefe.
7. The current property owner, mortgagee, or any transferee will be subject to
payment of a connection fee, to be determined at time of connection to the municipal system,
in consideration of this special assessment refund, in the event the property is made or
subsequently becomes buildable.
8. The City of Prior Lake acknowledges no precedence as a result of these actions
due to the aforementioned conditions associated with this parcel.
9. The current owner and mortgagee consent to the refund being paid to Scherers
and waive any claims to it.
10. Any costs incurred by the City for the preparation of these Findings, the Refund
Agreement, and the recording of the Refund Agreement are to be paid by the Scherers prior to
the issuance of the refund.
REFUND AGREEMENT
THIS AGREEMENT entered into as of this
day of February, 1995, by and
among The City of Prior Lake, a Minnesota municipal corporation (hereinafter "City"),
Daniel 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 pay off 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 First Addition, 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 $cherer 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.
Daniel E. O'Keefe
Cynthia D. O'Keefe
Donald B. Scherer
Betty Jean Scherer
THE CITY OF PRIOR LAKE
NEW MARKET BANK
By. By
Its Mayor Its
BY
Its
City Manager
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
The foregoing instrument was acknowledged before me this
1995, by Daniel E. O'Keefe and Cynthia D. O'Keefe, husband and wife.
day of February,
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
Notary Public
The foregoing insmmaent was acknowledged before me this
1995, by Donald B. Scherer and Betty Jean Scherer, husband and wife.
day of February,
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
Notary Public
The foregoing instrument was acknowledged before me this
1995, by , the
Market Bank, a Minnesota corporation, on behalf of said corporation.
day of February,
of New
STATE OF MINNESOTA
COUNTY OF SCOTT
)
) ss.
)
Notary Public
The foregoing instrument was acknowledged before me this day of February,
1995, by Lee Andren and Frank Boyles, the Mayor and City Manager of City of Prior Lake,
a Minnesota municipal corporation, on behalf of said municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center (GRK)
80 South 8th Street
Minneapolis, MN 55402
(612) 339-8131
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