HomeMy WebLinkAbout9.A. Proposed Assessment for Sarazin St and Valley View Rd Project No. 2001-5-Res. No. 5938
9. Ft.
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Assessment Hearing for Sarazin Street and
Valley View Road, Project No. 2001-5
DATE: September 16, 2003
INTRODUCTION:
Attached is Resolution No. 5938, a resolution which adopts the assessment for the above
referenced project. Also attached are assessment agreements that were prepared for eight
property owners, as directed previously by Council for Council review and approval.
BACKGROUND:
This project has essentially been completed and all project costs identified. The final
project costs is $2,009,990.44, which consists of construction costs, trunk water charges,
right-of-way acquisition and engineering/administration costs. A breakdown of the
project costs are as follows:
Description Amount
State Aid/CIF $ 607,028.15
City Storm Sewer Trunk $ 31,983.26
SPUC Costs $ 30,499.67
Assessments $1,340,479.36
TOTAL PROJECT COSTS $2,009,990.44
The assessment total of $1,340,479.36 is the amount of assessments before reductions
due to benefit appraisals and assessment agreements. Previously, benefit appraisals were
prepared by Patchin Messner & Dodd and received by the City Council. These appraisals
identified parcels in which the appraised benefit was less than the proposed assessments.
These parcels recommended reductions on properties owned by Theis's Berg's and
0' Loughlin' s.
In addition, two property owners have signed the assessment agreements, as prepared the
by City Attorney, which provides for a 10% reduction in the base assessment. The
Theis's and O'Loughlin's have signed the assessment agreements. Other agreements
have been prepared and sent to the Huth's, Berg's, Smith's, Hennes's, Kahrikes's and
Larsen's as previously directed by Council. As ofthe date of this memo only 2 out of the
8 agreements have been signed by the property owners. Staff anticipates other
agreements will be executed before the public hearing.
Attached is the assessment roll for Council approval on this project. Taking into account
the assessment reductions from the benefit appraisals and assessment agreements, the
assessment amount for Council consideration and adoption is $1.289.356.25. This
amount could change depending on what other assessment agreements are executed by
the property owners. In previous meetings and public hearings, the reduction of
assessments from benefit appraisals and assessment agreements would be added to the
City's participating cost amount.
A presentation of the project costs and assessments will be made at the assessment
hearing.
Also, it should be noted that assessments to Prairie Village 6th and ih Additions and
Pheasant Run will be paid by the developers, as per previous agreements and
correspondence.
ALTERNATIVES:
1. Adopt Resolution No. 5938.
2. Deny Resolution No. 5938.
3. Authorize the appropriate City officials to execute the assessment agreements, as
attached in this memorandum.
4. Table Resolution No. 5938 for specific reasons.
RECOMMENDATION:
Staff recommends Alternative No.1.
ACTION REQUESTED:
1. Offer Resolution No. 5938, A Resolution Adopting Assessments for Sarazin
Street, from Mooer's A venue to Valley View Road; and Valley View Road, from
Sarazin Street to the East Plat Line of Pheasant Run 6th Addition, Project No.
2001-5 and move it adoption.
2. Authorize the appropriate City officials to execute the assessment agreements, as
attached in this memorandum. ~rz
Pub lie Works irector
BUpmp
MEM5938
SARAZIN STREET FROM MOOERS AVENUE TO VALLEY VIEW ROAD
AND VALLEY VIEW ROAD FROM SARAZIN STREET TO EAST PLAT LINE
OF PHEASANT RUN 6TH ADDITION
FINANCING SUMMARY (July 31, 2003)
SANITARY SEWER WATER MAIN SANITARY
(NO SANITARY (NO WATER & WATER ADDITION
ROADWAY ROW STREET LIGHTING SIDEWALK SERVICES) SERVICES) SERVICES ITEMS STORM SEWER TRUNK WATER TOTALS
ASSESSED COSTS $ 746,225.44 $ 91,800.00 $ 21,000.00 $ 57,555.99 $ 109,918.18 $153,013.65 $ 15,035.67 $ 2,159.68 $ 112,111.45 $ 31,659.30 $ 1,340,479.36
STATE AID FUNDS $ 484,948.70 $ 84,414.95 $ 21,000.00 $ 16,664.50 $ 607,028.15
STORM SEWER TRUNK FUND $ 31,983.26 $ 31,983.26
SPUC COSTS $ 30,499.67 $ 30,499.67
$ 1,231,174.14 $ 176,214.95 $ 42,000.00 $ 74,220.49 $ 109,918.18 $ 183,513.32 $ 15,035.67 $ 2,159.68 $ 144,094.71 $ 31,659.30 $ 2,009,990.44
TOTALS
NOTES:
1. Assessed sidewalk cost is for sidewalk fronting development property only. Remainder of sidewalk is not assessed.
2. Storm Sewer Trunk Fund is for storm sewer oversizing.
3. SPUC costs are for watermain oversizing.
4. Based on actual costs of project.
5. Addition Items include Additional Assessed Sidewalk ($1 ,035.50) and Additional Assessed Concrete Driveway ($1,175.80).
SARAZIN STREET FROM MOOERS AVENUE TO VALLEY VIEW ROAD
AND VALLEY VIEW ROAD FROM SARAZIN STREET TO EAST PLAT LINE
OF PHEASANT RUN 6TH ADDITION
FINANCING SUMMARY (September 11, 2003)
SANITARY SEWER SANITARY
STREET (NO SANITARY WATER MAIN (NO & WATER ADDITION
ROADWAY ROW LIGHTING SIDEWALK SERVICES) WATER SERVICES) SERVICES ITEMS STORM SEWER TRUNK WATER TRUNK SAN TOTALS
ASSESSED COSTS $ 693,901.58 $ 91,800.00 $ 21,000.00 $ 57,555.99 $ 109,918.18 $153,013.65 $ 15,035.67 $ 2,159.68 $ 112,111.45 $ 31,659.30 $ 1,200.75 $ 1,289,356,25
STATE AID FUNDS $ 536,071.81 $ 84,414.95 $ 21,000.00 $ 16,664.50 $ 658,151,26
STORM SEWER TRUNK FUND $ 31,983.26 $ 31,983,26
SPUC COSTS $ 30,499.67 $ 30,499,67
TOTALS $ 1,229,973.39 $ 176,214.95 $ 42,000.00 $ 74,220.49 $ 109,918.18 $ 183,513.32 $ 15,035.67 $ 2,159.68 $ 144,094.71 $ 31,659.30 $ 1,200.75 $ 2,009,990.44
NOTES:
1. Assessed sidewalk cost is for sidewalk fronting development property only. Remainder of sidewalk is not assessed.
2. Storm Sewer Trunk Fund is for storm sewer oversizing.
3. SPUC costs are for watermain oversizing.
4. Based on actual costs of project.
5. Addition Items include Additional Assessed Sidewalk ($1,035.50) and Additional Assessed Concrete Driveway ($1,175.80).
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Doc. No. A 596676
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
04-14-2003 at 11 :00 ReceiptOOOOOO
Pat Boeckman, County Recorder 04
Fee: $20.00
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
..,.
This Agreement is entered into as of March 4, 2003, by and between the City of Shakopee
("City") and John O'Loughlin and Mary O'Loughlin ("O'Loughlins").
RECITALS
A. The O'Loughlins are the owners of a parcel of land ("Property") located at 2111 Valley
View Road in the City. The Property's PID # is 27-917012-0 and the Property is
approximately .33 acres in size. The legal description of the Property is contained on
Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The anlount
of the proposed assessment on the Property is $15,000.00.
C. The O'Loughlins disagree with the amount of the proposed assessment.
D. The O'Loughlins and the City desire to enter into this Agreement to settle their dispute over
the amount of the proposed assessment and to set forth the obligations of the respective
parties with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the O'Loughlins agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
JJT-220289vI
SHI55-I05 I
2. The City will reduce the amount of the special assessment on the Property to $10,000. The
City will levy that amount on the Property, and the O'Loughlins will pay that amount in the
manner required by state law and the City's ordinances and regulations.
3. The O'Loughlins waive notice of hearing and waive the right to the hearing required by
Minnesota Statutes, Section 429.031 on the $10,000 special assessment to be levied on the
Property.
4. The O'Loughlins waive any and all rights to appeal or otherwise contest or challenge the
levying of the $10,000 special assessment against the Property, including but not limited to
the right to challenge whether the increase in fair market value resulting from the Project is
at least equal to the amount of the Project cost that is being assessed against the Property and
that such increase in fair market value is a special benefit to the Property. The O'Loughlins
further agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the
adoption or levying of the special assessments are waived to the extent that those
requirements are not met.
5. The O'Loughlins covenant and agree to pay the City the principal amount of$3,500.00 plus
interest at the time that the Property is connected to public sanitary sewer. Simple annual
interest shall accrue on the principal amount at an annual rate of 1.5% less than the annual
interest rate that the City pays on the bonds that will be issued to finance the Project.
Interest will accrue from the date of this Agreement until the date that the Property is
connected to public sanitary sewer.
6. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the O'Loughlins. It is the intent of the City and the O'Loughlins that this Agreement be
recorded as a part of the land records of Scott County, Minnesota.
7. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is connected to public
sanitary sewer.
JJT-220289v4
SH155-I05
,
City of Shakopee
~D
By ~ \." --""'
Its Mayor
By 1MQ 1~~
Its City Administrator
BY-$~' d. ~
I s City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ~, 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City. ..:.. ~
NOW~
~ "N~~V"""VV'\NV'.^^iVV'vV'v~Nv"'\N"~ My Commission Expires: I':~{- f1
~~c:;J:i~ TONl HUBER ~
~ ~~:~~l~ ,NOTARY PUBLIC - MINNES.oT~ ". '
~ '<:$"J- i'liy CommiSSion Expires 1"31.2000 ~ ' . '
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~ ".f\f~<I;/,,/"l'V"J\lv"-...f\..'\lV"""..^I'v'\..\ ...V\,,,..;:;....,!\/'v'\. 'v',,;.'>./.J'v~ \11, " /11
Jo .' O'Loughli:rr ,/' J ,/.:;,7 1
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M~'Loughlin
STATE OF MINNESOTA )
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COUNTY OF SCOTT )
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The foregoing instrument was acknowledged before me this JL day of fY\aiTC k , 2003 by
John O'Loughlin and Mary O'Loughlin, HUSban~Wife.
. . ,i
Ie"'"'' LEE VICKERMAN I 1\ r, ,
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\~i;.~/ MY COMMISSION EXPIRES 1.31-2005 N P bl'
. . otary U Ie,
· My Commission Expires:
Drafted by:
Kennedy & Graven
JJT-220289v4 470 Pillsbury Center
SHI55-I05 200 S. Sixth S tree t
Minneapolis, MN 55402
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Section 17, Township 115, Range 22, Part of the Southwest 1/4 of the Southwest 1/4, commencing
1,395 feet North of the Southwest comer, Southeast 714 feet to the point of beginning, North 125
feet, East 169.29 feet, Southwest 168.55 feet, West 127.4 feet to beginning, Scott County,
Minnesota
JJT-220289vI
SH155-I05 A-I
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2003 by and between the City of Shakopee
("City"), Merle E. Theis and Kristine L. Theis ("Theis").
RECITALS
A. The Theis are the owners of a parcel ofland ("Property") located at 1898 Valley View Road
East in the City. The Property's PID # is 27-917008-0 and the Property is approximately
1.44 acres in size. The legal description of the Property is contained on Exhibit A to this
Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amount
ofthe proposed assessment on the Property is $15,000.
C. The Theis disagree with the amount of the proposed assessment.
D. The Theis and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment ofthe special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Theis agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
JJT -220835v2
SHI55-I05
2. The City will reduce the amount of the special assessment on the Property to $10,000. The
City will levy that amount on the Property, and the Theis will pay that amount in the manner
required by state law and the City's ordinances and regulations.
3. The Theis waive notice of hearing and waive the right to the hearing required by Minnesota
Statutes, Section 429.031 on the $10,000 special assessment to be levied on the Property.
4. The Theis waive any and all rights to appeal or otherwise contest or challenge the levying of
the $10,000 special assessment against the Property, including but not limited to the right to
challenge whether the increase in fair market value resulting from the Project is at least
equal to the amount of the Project cost that is being assessed against the Property and that
such increase in fair market value is a special benefit to the Property. The Theis further
agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption
or levying of the special assessments are waived to the extent that those requirements are not
met.
5. The Theis covenant and agree to pay the City the principal amount of$3,500 plus interest at
the time that the Property is connected to public sanitary sewer. Simple annual interest shall
accrue on the principal amount at an annual rate of 1.5% less than the annual interest rate
that the City pays on the bonds that will be issued to finance the Project. Interest will accrue
from the date of this Agreement until the date that the Property is connected to public
sanitary sewer.
6. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Theis. It is the intent of the City and the Theis that this Agreement be recorded as a
part of the land records of Scott County, Minnesota.
7. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
0.75 acres in size, not 1.44 acres.
8. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220835vl
SH155-105 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of " , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
?;h~ ~~
Merle E. Theis
.' .A
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i .,.:,0-. ; (."'..... ...-,....v'
....t'>:! -t--:-...;;:;;,,:.;-. I \.LA.-)
""'. . ./l/J .........-
Kristine L. Theis
STATE OF MINNESOTA )
) S8
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this l{"1fctay of .M If r ' 2003 by
Kristine L. Theis and Merle E. Theis.
t:B"" .v.....,. """--' ~"
Notary Public, " c.'1
My Commission Expires: \1A(\f, )(""/ ~()O?
JJT -220835v 1
SH 155-1 05 '"'
.)
Mar-Z6-03 1Z:Z6pm From-Kennedy & Graven +6123379310 T-782 P.003/003 F-037
EXHIBIT "A"
That part of the West One-Half of the Southwest Quaner (W'h SW1,4), Section 17, Township 115 Range
22, Scott County, Minnesota described as follows:
Commencing at the Southwest comer of said West One-Half of the Southwest Quarter (Wl/:. SW \A.);
thence Nortb along the West line of said West One-Half of the Southwest Quarter (W1f-J. SWlA) a distanCe
of 1,395.0 feet, more or less, to its intersection with the center line of a township road; thence South 73
degrees 23 minutes East along said center line a distanee of 481.90 feet; thence South 9 degrees 37
minuteS West a distance of 292.15 feet to the point of beginning of the tract of land to be described;
thence North 89 degrees 47 minutes East a distance of 169.3 feet; thence South 19 degrees 19 minutes
West a distance of 117.46 feet; thence North 85 degrees 00 minutes 14 seconds West a distance of 147.51
feet; thence North 9 degrees 37 minutes East a distance of 98.75 feet to the point of begirming.
AND
That part of the Southwest Quarter of the Southwest Quarter (SW~ SW~) of Section 17, Township 115
North, Range 22 West, more particularly described as follows: Commencing at the Southwest comer of
Section 17, Township 115, Range 22; thence North along the West line of said Section 17 1,395.0 fl:et,
more or less, to its intersection with the centerline of a township road; thence deflecting right 106 degrees
37 minutes, 481.90 feet along centerline of said township road to the acroal point of beginning; thence
continuing the same direction along the centerline of said road, 208.70 feet; thence deflecting right 92
degrees 42 minuteS, 240.10 feet; thence deflecting right 70 degrees 28 minutes, 169.30 feet: thence
deflecting right 99 degrees 50 minutes. 292.15 feet, more or less, to the point of beginning.
,J7-Cf/7-tJdf-{)
TOGETHER with an easement for ingress and egress over and across the following described property:
That part of the West One-Half of tbe Southwest Quarter (Wl/2 SW 1,4), Section 17, Township 115 Range
22, Scott County. Minnesota described as follows: A strip of land 16.50 feet in width lying 8.25 feet
either side of the following described line: Commencing at the Southwest corner of said West One-Half
of the Southwest Quarter (WI/2 SWIA); thence Norrh along the West line of said West One-Half of the
Southwest Quaner (W1h. SW~) a distance of 1,395.0 feet, more or less, to its intersection with the
centerline of a township road; thence South 73 degrees 23 minutes East along said centerline a distance
of 481.90 feet; thence South 9 degrees 37 minutes West a distance of 158.00 feet to the beginning of the
centerline to be described; thence South 39 degrees 47 minutes East a distance of 15.00 feet; thence North
39 degrees 47 minutes West a distance of 118.58 feet; thence North 29 degrees 12 minutes West a
distance of 100 feet, more or less, to the right of way of the aforementioned [oVlIlship road and there
terminating.
. ~ .... - .. -. . . . .', " . 0"-' .. _.
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of ,2003, by and between the City of Shakopee
("City"), and John H. Huth and Kristen L. Huth ("Huths").
RECITALS
A. The Huths are the owners of a parcel of land ("Property") located at 1730 Valley View Road
East in the City. The Property's PID # is 27-917006-0 and the Property is approximately
2.02 acres in size. The legal description of the Property is contained on Exhibit A to this
Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road ImprovementProject, City Project No. 2001-5 ("Project"). The amount
of the proposed assessment on the Property is $29,904.57 for the proiect as approved by the
city council and additional work as requested by the Huth's.
C. The Huths disagree with the amount of the proposed assessment.
D. The Buths and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Huths agree as follows:
JJT-220839vI
SH155-105 1
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The City will reduce the amount of the proposed assessment to $26,999.95. The City will
levy $10,000 of that amount as a special assessment on the Property, and the Huths will pay
that amount in the manner required by state law and the City's ordinances and regulations.
The Huths will pay the remaining $16,999.95 in the manner set forth in paragraph 5 of this
Agreement.
3. The Huths waive notice of hearing and waive the right to the hearing required by Minnesota
Statutes, Section 429.031 on the $10,000 special assessment to be levied on the Property.
4. The Ruths waive any and all rights to appeal or otherwise contest or challenge the levying of
the $10,000 special assessment against the Property, including but not limited to the right to
challenge whether the increase in fair market value resulting from the Proj ect is at least
equal to the amount of the Project cost that is being assessed against the Property and that
such increase in fair market value is a special benefit to the Property. The Huths further
agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption
or levying ofthe special assessments are waived to the extent that those requirements are not
met.
5. The Huths covenant and agree to pay the City the principal amount of $16,999.95 plus
interest when a plat or subdivision for the Property is recorded or the property is connected
to public sa..-ritary sewer, v/hichever occurs first. Payment is due at the time that a plat or
subdivision for the Property is recorded or the property is connected to public sanitary
sewer, whichever occurs first. Simple annual interest shall accrue on the principal amount at
an annual rate of 2.5%. Interest will accrue from the date of this Agreement until the date
that the Huths' plat or subdivision for the Property is recorded, or the date that the Property
is connected to public sanitary sewer, whichever occurs first.
6. If the Huths fail to make the payment required by paragraph 5, the City will not approve or
allow: (a) any connection of the Property to public sanitary sewer; or (b) any proposed
development, final plat or subdivision ofthe Property.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Ruths. It is the intent of the City and the Huths thatthis Agreement be recorded as a
part of the land records of Scott County, Minnesota.
8. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
1.5 acres in size, not 2.02 acres. If the Property is subdivided into two lots, the per acre
trunk sanitary sewer fee will be calculated based on each lot being .75 acres in size.
9. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220839v2
SH 155-105
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
John H. Huth
Kristen L. Huth
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 2003 by
John R. Huth and Kristen L. Ruth, Husband and Wife.
Notary Public,
My Commission Expires:
JJT-220839v2
SH155-I05
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
JJT -220841 vI
SH155-105 A-I
. ._-- -.- . ".
I'Orll llo. 5~WARRAIfrY DEED ..........U.-..~_(lV1l)
Indlviduaf(s) \0 Joint rilnanll
4"7620
N fl!-
Doc. No. 1
No delinquent taxes aDd transfer entered; Certificate OF FleE OF THE COUNn' RECORDER /
oIReaI Estate Value (j1iled ( )not required SCOTT COUN"TY. MINNESOTA ~
Certificate of Real Estate Value No. Certified Filed amllor Recorded on ).Jl iJ
LJ d - /3 .19~ OCT 131998 1:1) A- M.
~~~4"--------CoWitYAuditor ~
By ~~. by June Millei'. Deputy
, - Deputy "-
-J:::... WELl CEfmFIOOE RECeVED
. - WELl. CERTIfICATE HOT RaMRED
STATE DEED TAX DUE HEREON. S 415.80 (racrwd for rea>rdinc data)
Date: October 9. 1998
'r: --I!;;. ,/(/7 /1
FOR VALUABLE CONSIDERATION, . A~ 1M Tllle, 1M. <'0 Y (p IJ
John H. Huth and Mabel R. Huth. husband and wife ~ ~ iI_t. P.O. Ilol 3DO......-' '
1hMof*, IIlH 66371
. Grantor(s)
hereby convey(s) and warrant(s) to
John H. Huth IV and Kristen L Huth
, Grantees.
lIS joint tenants, real property in Scott County, Minnesota, described lIS fonaws:
See Legal Description Attached.
together with all hereditaments and appurtenances belonging thereto subject to the following CJa:eptions:
Covenants, conditions, restrictions and easements of record, It any.
N. 1f.1;~
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Pi~ ,i:,~ ':J:J.. ,':., :0' ___<::r or' 14'"
,{.>~:~,;:::;i,:",:!,;,_ U ~ 1J i
.,.'",'" .,.,,, " ,', . :;... '... .
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..._~.,.. Slam n_ John H. H~
Affix..-.. .ax p .....e . ,
Yn~Jf'/ R. 4dL
Mabel R. Huth
STATEOF Minnesota } S&.
COUNTY OF Scott
The foregoing instrument was acbowledged before me this..5lth...- day of October , .lll9!i.,
by John H. Huth and Mabel R. Huth. husband and wife
.NYVN.~Vr;;:r1~~~.
I JEANNE M. SEGLER[
. ,. NOTARY PUBLIC. MINNESOTA
My CommIssion E.pl", Jan. 31. 2000 Ta _a...I'OOl__......__......
.. . twllll:alla (ioEdIadI: ---=..s addrt. d Otaa..):
John H. Huth IV and Kristen L Huth
nlls INrnf.UMlMWAS DRAmlD BY (lWolEAND ADORIlSS): 1730 Valley V1gw Road
Scott County Abstract and Tille. 11iC., Shakopee. Minnesota 55379
223 South Holmes Streat, P.O. Box 300
Shakopee, Minnesota 55379
w-..m'I""
-.-.---.- .__.~.~ -. .. ._..
. . Legal Description - ContiDued
C.T. File No. 1-13976
All that part of the W1/2 of the SW1/4, Sectlon 17, Township 115 N, Range 22.W, Scott County, Minnesota, described as
follows:
Beginning on a point on the West line 01 Section 17, Township 115, Range 22., said point being 959.4 feet North of the SW
comer thereof; thence continuing North on the said We&. line a distance of 435.6Ieet to the centerline of County AId
HighYiay No. 80 as now constructed; thanee Southeasterly along the canter1ine of saki Highway at an angle c:J 73 degrE1e6
23 minutes a distance of 22.4.3 feat; thence South and parallel to the West line c:J saki Section 17, a distance of 374.11aet;
thence Westerly a distance of 215.0 to point of beginning.
;;. 7 - ''''/'7'~ -0
J
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2003, by and between the City of Shakopee
("City"), and Robert Berg and Gail Berg ("Bergs").
RECITALS
A. The Bergs are the owners of a parcel of land ("Property") located at 1902 Valley View Road
East in the City. The Property's PID # is 27-917009-0 and the Property is approximately
2.07 acres in size. The legal description of the Property is contained on Exhibit A to this
Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amount
of the proposed assessment on the Property is $16,648.19 for the proiect as approved by the
city council and additional work as requested by the Bergs and includes the Trunk Water
Charge due to Shakopee Public Utilities Commission.
C.
D. The Bergs disagree with the amount ofthe proposed assessment.
E. The Bergs and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment ofthe special assessment and related matters.
JJT-220832vl
SH155-105 1
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Bergs agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The City will reduce the amount of the special assessment on the Property to $15,148.19.
The City will levy $10,000.00 of that amount on the Property, and the Bergs will pay that
amount in the manner required by state law and the City's ordinances and regulations.
3. The Bergs waive notice of hearing and waive the right to the hearing required by Minnesota
Statutes, Section 429.031 on the $10,000 special assessment to be levied on the Property.
4. The Bergs waive any and all rights to appeal or otherwise contest or challenge the levying of
the $10,000 special assessment against the Property, including but not limited to the right to
challenge whether the increase in fair market value resulting from the Project is at least
equal to the amount of the Project cost that is being assessed against the Property and that
such increase in fair market value is a special benefit to the Property. The Bergs further
agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption
or levying of the special assessments are waived to the extent that those requirements are not
met.
5. The Bergs covenant and agree to pay the City the principal amount of $5,148.19 plus
interest when a plat or subdivision for the Property is recorded or the property is connected
to public sanitary sewer, whichever occurs first. Payment is due at the time that a plat or
subdivision for the Property is recorded or the property is connected to public sanitary
sewer, whichever occurs first. Simple annual interest shall accrue 011 the principal amount at
an annual rate of 2.5%. Interest will accrue from the date of this Agreement until the date
that the Bergs plat or subdivision for the Property is recorded, or the date that the Property is
connected to public sanitary sewer, whichever occurs first.
6. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Bergs. It is the intent of the City and the Bergs that this Agreement be recorded as a
part of the land records of Scott County, Minnesota.
7. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
.75 acres in size, not 1.90 acres.
8. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220832vI
SH155-105 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
Robert Berg
Gail Berg
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 2003 by
Robert Berg and Gail Berg, Husband and Wife.
Notary Public,
My Commission Expires:
JJT-220832vl
SH 155-1 05 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
JJT -220832vl
SH155-I05 A-I
t:'P':,l .:1 ."~r:.. '';I'~ "'::l': i;1\~i.t~~i;t 1,C'.~~ Coe. NQ. 423910
$..;::f i., :.~:::':!'Y.'i ~t'.t..f,:f!'f:(l tn.ZIa1 -
~.,.,..~ 19tf'Z OFFICE OF THE COUNTY RECORDER
......~-,..~. . . SCOTT COUNTY. MINNESOTA If~
.......,"~._..~ Certified Filed and/or Recorded on
. .......
~7,_...2~~_.. AUG 2 6 1998 f4 M.
~
l't::)puty Pat Boeckman. Counly Recorder
by June Miller. Deputy
QUIT CLAIM Individual(s) to Joint Tenants _ WELL c:armcA1E Ra:SYm
STATE DEED TAX DUE HEREON: $ 1.65 -L WEU. CERmCAT'E NOT REQlIRa)
Date: July 24th, 1998
FOR VALUABLE CONSIDERATION, Robert W. Berg and Gail S. Berg, husband and wife. Grantor(s), hereby convey(s) and
quit claim(s) to Robert W. Berg and Gail S. Berg, as joint tenants, Grantee(s), real property in SCOTT County, Minnesota,
described as follows:
I That pan of the West one-half of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota
described as follows: Commencing at the Southwest corner of said West one-half of the Southwest Quarter; thence North along
the West line of said Southwest Quaner a distance of 1395.0 feet more or less to its intersection with the centerline of a township
road; thence South 73 degrees 23 minutes 00 seconds East along said center line a distance of 224.30 feet to the point of beginning
of the tract of land to be described; thence continuing South 73 degrees 23 minutes 00 seconds East along said center line a
distance of 257.60 feet; thence South 9 degrees 37 minutes 00 seconds West a distance of 390.90 feet; thence North 85 degrees
00 minutes 14 seconds West a distance of 182.23 feet more or less to its intersection with a line drawn from the point of beginning
and parallel with said West line of the Southwest Quarter; thence North along said parallel line a distance of 443.20 feet to the
point of beginning, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County,
Minnesota. OJ- 7 4 r?-c:7CJ t'-o
"THE TOTAL CONSIDERATION FOR THE TRANSFER HEREIN IS LESS THAN $500.00."
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
No. t/.~,St/O
Deed ra~ }~~ of $ .I ~,~ r, t
paid this day Of~. 19~ ,.., . C \ ')"
~ ~~iDdlI:Ifli)oo&amP Here "" :...k\" _, .~ . ~'....
Gail S. Berg as Attorney-in:F ct for Robert W. Berg
Conservation Fee Paid "- J
, \t...c. , I":t
.,
Gail S. Berg ~
STATE OF MINNESOTA}
COUNTY OF SCOTT 55.
The foregoing instrument was acknowledged before me this 24th day of July, 1998. by Gail S. Berg as Attorney-in.Facl
for Robert W. Berg and Gail S. Berg, husband and wife, Grantor(s).
OTARlAL STA~BM~;!\RJ~.&~JJ!L~.~~ RANK)
i. Wf;[)E KOHLRUSCH '" ~ "~AT'~,""])
r' ;'~""; NOTARY PUBUC-MINNESOTA .
.: .", : - " scorr COUNTY .
.....' My Cooun. EXlIires 01'31~;
Tax Statements ror the real property described in this instrument should be
nllS INSTRUMENTW AS DRAFTED BY (NAME AND ADDRESS sent 10 (tnelude name and address or Grantee):
-l Kohlruseh Scott/Carver Abstract Co.. Inc. Robert W. Berg and Gail S. Berg
128 West 3rd Avenue 1902 Valley View Road EaSt
P.O. Box 355 Shakopee. MN 55379
Shakopee. MN 55379
File :-10. STSIJO
I
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of ,2003, by and between the City of Shako pee
("City"), and Willis E. Smith ("Smith").
REelT ALS
A. Smith is the owner of a parcel of land ("Property") located on Valley View Road in the City.
The Property's Pill # is 27-917010-0 and the Property is approximately 0.77 acres in size.
The legal description of the Propelty is contained on Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amOlmt
of the proposed assessment on the Property is $34,320.14 for the project as approved by the
city council and additional work as requested by Smith.
C. Smith disagrees with the amount of the proposed assessment.
D. Smith and the City desire to enter into this Agreement to settle their dispute over the al"110unt
of the proposed assessment and to set forth the obligations of the respective parties with
respect to payment ofthe special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and Smith agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
JJT-220837vl
SH155-105 1
2. The City will reduce the amount of the special assessment on the Property to $30,925.06.
The City will levy $10,000.00 of that amount on the Property, and Smith will pay that
amount in the manner required by state law and the City's ordinances and regulations.
3. Smith waives notice of hearing and waives the right to the hearing required by Minnesota
Statutes, Section 429.031 on the $10,000 special assessment to be levied on the Property.
4. Smith waive any and all rights to appeal or otherwise contest or challenge the levying of the
$10,000 special assessment against the Property, including but not limited to the right to
challenge whether the increase in fair market value resulting from the Proj ect is at least
equal to the amount of the Project cost that is being assessed against the Property and that
such increase in fair market value is a special benefit to the Property. Smith further agree
that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption or
levying of the special assessments are waived to the extent that those requirements are not
met.
5. Smith covenant and agree to pay the City the principal amount of $20,925.06 plus interest
when a plat or subdivision for the Property is recorded or the property is connected to public
sanitary sewer, whichever occurs first. Payment is due at the time that a plat or subdivision
for the Property is recorded or the property is connected to public sanitary sewer, whichever
occurs first. Simple annual interest shall accrue on the principal amount at an annual rate of
2.5%. Interest will accrue from the date of this Agreement until the date that the Smith plat
or subdivision for the Property is recorded, or the date that the Property is connected to
public sanitary sewer, whichever occurs first.
6. If Smith fails to make the payment required by paragraph 5, the City will not approve or
allow: (a) any connection of the Property to public sanitary sewer; or (b) any proposed
development, [mal plat or subdivision of the Property.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of Smith. It is the intent of the City and Smith that this Agreement be recorded as a part of
the land records of Scott County, Minnesota.
8. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220837vl
SH155-I05 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
Willis E. Smith
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this_ day of , 2003 by
Willis E. Smith, a single person.
Notary Public,
My Commission Expires:
J1T-220837vl
SH155-105 ..,
j
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
JJT-22084I vi
SH155-10S A-I
/',"", 1'''IIi~
_...' l;(lrm Nfl. :lKl!j_cl(J.,.~,IIt.!C1I :\liUH'.UMitl ("I..'
~ Alq~IJ)A VIT Ol~ I1mN'1'ITY AND sun VI VOHSIIII' I~OIt
m~ATH OCCUHIlING AI'~1'lm ImCI~I\Wl';H :J1, W79
'J'nlllsfcr enlered itCCllrdinf{ Dull.'
r/d' If ,I9'ZE OffiCI! I'lf Coun!y FlP.CO<<ler I q9}
Scoll CountY, Mil'll\.
C p-~~~ I hereby ceitily that the .WiI!Wl
Instrument wa f8C(lI'ded I'l thIS
. s,) . Gounty Auditor olftee lor Son.... I ,
'\i ~~~ ~~ & n AD.19fb;
By '2 ' 4;<<1 and
I VepuL)' s..~
'\..
~
~,
~ ~~RecordIIrDeputy
STATg OF MINNESOTA. NMil)~ 01' ])1~CBD1~NT
COUNTY 01" scon Jeannine n. Smith
I I 'IIi1119 E. Smith 127 W. 6th Ave.. Shakopee. MN 55ill
I N IlInCiii'7i:miii.1 iiiiil , ^(ld~:C:i ur Atfuml
~
being tin,t duly l!wor,n, un allUt sLalcll from )Icrsrlllnl kllIlWIt.di!c:
Tlltlt lhe ItI}(IYC Illllllet! cI~cedcnlis the JlcrSlJnlHlIucd inlhcccl'liCiccl tllJlY ..fCertificalc of DC:lth attached
heretflund mode R jlllr! hereof.
Thullhc nnl1lc(s) of Lhe slIrvivur(s} is/un, 'IIillis E. Smlth_
~-;;;id dC('I!;ltmt on dalc IIf death W:1S IlIl 11\\'IlI~r :IS ,:\ jllillllt:lHlI\l~ uf lhc 11I\l\IIt'i!ally
dcscrilll.!d as [ollows:
That part of the Southwest Quarter of Section 17, Township 115, Range 22. Scott County,
Minnesota, described as follows:
Commencing at the southwest comer of said Section 17; thence north along the west line of said
Southwest Quarter of said Section 17. a distance of 1395.00 feet to the centerline of County Aid
Road No. 80, (now Valley View Road); thence South 73 degrees 23 minutes East along the
centerline of said road at an angle of 106 degrees 37 minutes to the right 714,00 feet (meas.
690.17 feet); thence north parallel with said west line a distance of 125.00 feet; thence east at
an angle of 90 degrees 35 minutes to the right a distance of 349,72 feet to the point of beginning
I of the land to be described; thence returning westerly along the last described line a distance of
, 180.43 feet; thence southwesterly at an angle of 105 degrees S4 minutes 00 seconds as measured
east to south, a distance of 168.55 feet to the centerline of Valley View Road (former County
Road No. 79); thence southeasterly along said centerline to its intersection with a line drawn
south parallel with said west line of said Southwest Quarter from the point of beginning; thence
north along said parallel line a distance of 237.21 feet to the point of beginning.
II( 'nun' "JUt"" i~ 11I'''lt.'t'' flll"I.",.. 1111 h'I1.'~1
m; sIH)wl1 by instrumcnt rctordcd in IJo()l\__, IIf --
Pa~c .01' a5 Ducumenl Nu, -1Z8.'U.Z____-'- in the ..mct! of the C;ounly
Hecord\!r or Scott . Mjllllc~ul;I, 01' !IS sh..wn ..n CE'rlilic;ll~ "f Tille
Cmll1ly
No._ _~ Filt''' of lltl' HI'f.:i"lmr "fTit"",, or_______..
Millnt'""I;l. l'1~!'H(r
vy.e: -,L, Z'::' ~~
'---~i~lu'lllTf'.ltf. rffiiii"i
TIU~ 1~~rurr.II:~T\\'.\:-:: I1U,\1 ITIt H\'IX",.lI: ,""II .\(llIiiE~~1
Kohlruscb
Scott/Carver Abstract Ca., Inc.
W. 3rd hve.
Shakopee. MN 55J79
:-;'Jl',.llll.\I..o{r,\~Il'I'II":.:"I.'III( 'rrllf':1I1'II'I..;fJlt It.\i'I).,;.
8) WPDE KOHLRUSCH I", SUII'W\tllIO; Jm 114# '....tf P'nIW11, ".J'\~lItLrlf m ItCl~ ItISlltnnl"l1l "'1\1111111", "o('tll,
NOTAl\Y~ YWill:is E. Sodtb \q,~
'. &::O\TCOOO'f
loti ClnLblD01-31ol1l 127 W. 6th Ave.
~ Shakopee, MN 55379
.........a......_..... ........ _'O. ...._..... _. .._ '.__..
Section of Vilal Statistics
.,.' LQCAL FILE NUMBER STAn; FilE NUMBER
I. DECEDENTS NAME lfirst. mOldl'.I..tl 4. TIME Of DEATH
Jeannine H. 1991 15:28 Hrs.
s. SOClAl. SECURITY HUMBER
508 30 7322 62 March 3, 1929
j I.IIIllllPUCJ; 1~1Iy ind state 0' lO'41go country! 9. WAS DECEDENT EVBl IN U.s. 11l1.1'tACE Of IlEAlH (check only one: see inwucliOM on Othe, ..del
, AlIMEII fDRcel7 N HOSPITAl 0 EBlDulpalie.! ' OTHER 0 NLll$ing home IXlllesidence
S u t ton, Neb r ask a (specify y" 0' nol 0 0 Inpa\lenl 0 DUA 0 DthOf (5l>8ciIyJ
MIl. FAClUlY KAME (rl not in~tJ;ltGn. give $treel a.d number) 1~ CItY OR TOWNSHIP OF IlEATH lDd.. COUNrY Of DEATH
127 West 6th Avenue Shakopee Scott
11. MAftlTAL STATUS _ Mamed, N_ Mamed. Neme IiI wile, give maiden ..me. n.. UECEDEIIT'S U5UAI. OCr-urAnuN Igive bnd 01 work d.ne
Widowed.O"lorced.,(logecilV1 H durlA<< mosl of,>!O,ki~<J life. 00 IHll use retiredl
Marr~ea omemaKer
13lL lONO OF lIUSIIIE$S;lNDUS1'IlY t4c.. CITY OR TOWNSHIP
I At Home Shakopee
,... STIlEEI AltO IIUMBER ?5. WAS Da:EllE/fl OF HISPANIC DIlIGIM? ~
Ispecify ye. or no - ~ yas, speeily 0 Yes l.ANO
127 West 6th Avenue Caban, Me.ieal\ Puetlo!\lcan.eK..)
1i.1IAl:E {s.. inslnlcbons on omar sida' II. fATHER'S NAME Inrst, middle. laSll
White Clarence Monson
~MOTlfar$ NAME (first middle. maiden sur.amel 2Db.IttFORMANrS MAWNG AlIDRESS
"> ~ 1 u _ 1 1 Q S . th f~~nd.NJlmb~! f! Ru'&! ~o~ Ha~a~,.'?'Y' SlIlle, Zip Code)
to ear rr~__.... m1 -_I wehoJ... ...., ....... ~'l'... "'"'.
j"ia,mc,,wUUFlil,li?ilSiiiiiii I Shakopee, Hinnesot:a 553 i
I CkBunal 0 Cremetio. 0 Removal 110m stall! 0 Donation 0 Olller Ispecilyj
21..1'1Aa OF DfSllOSlnON 21~. lOCAllUH - C4v 0' 1 awnsIlip, SlIIle
(nam. of Cf'M18~. qemaCO"r-,or D1~8r j)leceJ S h k U .
CatnoL~C ~emetery a opee, a~nnesota
:!2Il. UCENsr NUM8E1 2.1. NAME AND AIlIIRESS Of fUNERAL esTAaU$lIMINT
IDfFune..IEstablish;nal'\ll Cavanaugh - McNearney Funeral Ho
606 1220 East Third Avenue, Shakopeet
24c. UC8ISE IIUMIIIBI 2W.IlATE SlGlIIOI
.~t physician' lrnonlb. day. ~..\
Cl-U,q ~'2... 8-13-~1
[1 MEDICAl. WIIlINeR OR J:DRClIIm
Dr. J. R. Michell M.D.
Sundance Medical Clinic
. 5379
id& a~EOFDEATN, .. . . . '
on5 "Am I Enlar ilia djsaaso$, "'IUhes or CDmpllcaoon,sNI caused me daalh. 00 .no\ enter Ihe mod. of dying. SU1:h as cerdiac 0 l ApprnimBle inlo",al be\We.
jog 'lSplCatl;lry arrest. 8hac~, lH hean failure. Lilt one caase on eech line. I On$81 a.d duth
c;th ~ I
IMUlilllAfE CAUSE a r '" I
:ams. lfinel ~iee88e or condition t ' due 10 or us . consoqueoce of:
r..ullong .. deotlrl C .
Seq...n'ial'" list co<>d~ions, hny, b <- "" \} L r'"'(\........
lading 10 immediate ceuse. Enlllr~ .
UNDERLYING CAUSE {disease or due \0 or as a co.seque.ce ul:
il'Ijury lIIel initiaiM evenls I
resuking in deathllAST C. I
------------ --------- ------.....-------- --- -- ----------- --- --....----.
PAlIIL Ol~ER SIGNIfiCANT COHOlTJONS eonltibulin<J 10 death but nO! multing in the underl'jing eMU \li't811 in PAlIT I. .lSu. WAS CASE IlmIlIlEIl TO .. WAS AM AUTOPSY I 2llc. WBIE AUTOPSY FllVIIINIlS
MEDICAl. EXAMlHfR PERflIIIflltD? AVAlLA8Lf PIIlDft TO
CIIIIONEIl? CDMI't.E'nDN or CAUSf Of DEAn4?
o Yes No 0 Yes 0 No 0 y~ 0 No
i :lII.IlWINER OF DEAlK :n., DAre OF INJURY 31b, TIME OF INJURY
t. 'foIi. . o. , . j)""di~g . Could no. b. (month, dOY, yeerl
. pNeaJrlI 0 Ae <ideor Salclde 0 HomICIde 0 ","..o\lllaDn 0 dWlrmined M
~ :It,,-INJIJIiY ATWOIlK? 3101. oesCRI6E HOW INJo\lIIY OCCURllED
;; 0 Yes 0 ND
6
e 31e, PlACE Of IllJURY - Al home, firm, Woe!, IUCIOry, oHie. building, ole. (specify) 3ff.lOCATION - beret'! and number city or township. slalei
~
STAlE Cff MINNESOTA
COUNTY OF scarf
Carlified to be . we Iftei
COfrecl 00f1i d the ClfOnIi 00
file Of of recotd in my CIioi
PAUL W WERMERSKIftCHEN
COUNTY RECORDER
: REGlSTRAIl OF TITlES 1i
'/).o.TE - - -
,,~i.--Z'O..(
: ...,;;\1'" PUTY
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2003, by and between the City of Shakopee
("City"), and John D. Hennes and Jodi L. Hermes ("Henneses").
RECITALS
A. The Henneses are the owners of a parcel of land ("Property") located at 2237 Valley View
Road East in the City. The Property's PID # is 27-917011-0 and the Property is
approximately 1.98 acres in size. The legal description of the Property is contained on
Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amount
of the proposed assessment on the Property is $53,304.19 for the proiect as approved by the
city council and additional work as requested by the Henneses.
C. The Henneses disagree with the amount of the proposed assessment.
D. The Henneses and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Henneses agree as follows:
JJT-220838vl
SH 155-105 1
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The City will reduce the amount of the proposed assessment to $48,010.71. The City will
levy $10,000 of that amount as a special assessment on the Property, and the Henneses will
pay that amount in the manner required by state law and the City's ordinances and
regulations. The Henneses will pay the remaining $38,010.71 in the manner set forth in
Paragraph 5 of this Agreement.
3. The Henneses waive notice of hearing and waive the right to the hearing required by
Minnesota Statutes, Section 429.031 on the $10,000 special assessment to be levied on the
Property.
4. The Henneses waive any and all rights to appeal or otherwise contest or challenge the
levying of the $10,000 special assessment against the Property, including but not limited to
the right to challenge whether the increase in fair market value resulting from the Project is
at least equal to the amount ofthe Project cost that is being assessed against the Property and
that such increase in fair market value is a special benefit to the Property. The Henneses
further agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the
adoption or levying of the special assessments are waived to the extent that those
requirements are not met.
5. The Henneses covenant and agree to pay the City the principal amount of $38,010.71 plus
interest when a plat or subdivision for the Property is recorded or the property is connected
to public sanitary sewer, whichever occurs first. Payment is due at the time that a plat or
subdivision for the Property is recorded or the property is connected to public sanitary
sewer, whichever occurs first. Simple annual interest shall accrue on the principal amount at
an mmual rate of 2.5%. Interest will accrue from the date of this Agreement until the date
that the Henneses plat or subdivision for the Property is recorded, or the date that the
Property is connected to public sanitary sewer, whichever occurs first.
6. Ifthe Henneses fail to make the payment required by paragraph 5, the City will not approve
or allow: (a) any connection of the Property to public sanitary sewer; or (b) any proposed
development, final plat or subdivision ofthe Property.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Henneses. It is the intent of the City and the Henneses that this Agreement be
recorded as a part of the land records of Scott County, Minnesota.
8. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
1.5 acres in size, not 1.98 acres.
9. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220838v]
SH155-105 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
John D. Hennes
Jodi L. Hennes
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 2003 by
John D. Hennes and Jodi L. Hennes, Husband and Wife.
Notary Public,
My Commission Expires:
JJT-220838vl
SH155-105 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
1JT-220841\'1
s H 155-1 05 A-I
'O!Jll ftO. S-M-WAl1RANTY DEED ldbmc>ol.tJ_Co~B_(I97ll)
Indlvldual(s} to Joint Tenanlll
ClfF'ICE OF nlI!: CCL"lr! !G:aUJEIl. 11~
SCOTI' CCXlNIY. at.
No delinquent taxes and transfer entered; Certificate ~ed FUe:! aM or lle::arded on
of Real Estate Value (...-1'51ed ( )not required ~~k
Certificate of Real Estate Value No.
. 4'/t#A/~ Jg. ,19~
6 cmg ::'Icy _
~ "F" ~~~ by Oepu~/
~ e><1'.~~ County Auditor
By
~ Deputy LwaL CERTIFICATE RECEIVED
STATE DEED TAX DUE HEREON: $ 415.80 _Wat. l.::ERTIflCATE NOT PSIIIRm
Date: December 30 , 1993 (reseJ:Yed Cor =rdillg data)
FOR VALUABLE CONSIDERATION,
Donald R. Koski and Gaye E. Koski, husband and wife
, Grantor(s)
hereby convey(s) and warrant(s) to
John D. Hennes and Jodi ~ee Hennes, husband and wife
. Grantees,
as joint tenants, real property in Scott County, Minnesota, described as follows:
See Attached Exhibit "A"
together with all hereditaments and appurtenances belonging thereto subject to the following exceptions:
Covenants, conditions, restrictions and easements of record, if any.
, ..., .-.;.1....... M STATe OF =
:: COUNTY ~ illllesota_
"" DEED -"~.' ~'i'" :.:
N STAMP MAR-S'94 .....~... 4 I 5. 8 0 =
= TAX - p.e.JOS20 ()JJ},Jff If-d
Aff'1X Deed TIIX Stamp Here FEE PAlO Donald R. K~~ f! ~ .
CONSERVATION
Gaye E. Koski .
STATE OF Minnesota } ~.
COUNTY OF Scott
The foregoing instrument was acknowledged before meWs J.Qth. day of December , 1993.
by Donald R. Koski and Gave E. Koski, husband and wife
NOfAlUALSfAMP ORSI!AL (OROTHI!R mt.l! OR. IIAHX)
JEANNE SEGLER
NOTARY I'UBUC . tt.:~::;::soTA 1'cr: Slalcmctlll' tor t~ rc&1 p~ rkscriled In 1.h.iJ i.c::romca~ JboWd
SCOTT COUmy be ocnllo(iDd1ldc ...,.1ll4_c(Q","ee):
t.Iy Corrrn. ~ Hoot. 2a, 1_ John D. Hennes and Jodi Lee Hennes
THIS INSI1UlIo!ENl'WAS DElAFlnl BY (NAMSAND ADDRSSS): 2237 Valley View Road
Scott county Abstract and Title, Inc. Shakopee, Minnesota 55379
223 South Holmes Street P.O. Box #300
Shakopee, Minnesota 55379
F\ "11-02'LQ \ \
~. UNIVERSAL TITLE INSURANCE CO.
327 Marschall Rd., Suite 250
Shakopee. MN 55379
.
EXHIBIT "A"
That part of Southwest Quarter (SW 1/4) of Section 17, Township 115, Range
22, Scott County, Minnesota, described as follows:
Commencing at the Southwest corner of said section 17; thence North along the
West line of said Southwest Quarter of said Section 17; a distance of 1395.00
feet to the centerline of County ~id Road No. 80, (now Valley View Road);
thence south 73 degrees 23 minutes East along the centerline of said road at
an angle of 106 degreeS 37 minutes to the right 714.0 fset (meas. 690.17
feetl; thence North parallel with said West line a distance of 125.00 feet;
~ thence East at an angle of 90 degres 35 minutes to the right a distance of
349.72 feet to the point of beginning of the land to be described; thence
continuing East along the last described line a distance of 338.75 feet to its
intersection with the following described line: (commencing at the Northwest
corner of the East Half of the Southwest Quarter of said SQction 17; thence
South 89 degrees 33 m~nutes 33 seconds East along the North line of said East
Half of the southwest,Quarter a distance of,21.00 feet; thence South 00 degrees
26 ~inuteg 14 seconds East a distance of 1301.77 feet to said interesection
point); thence South 1 degree 02 roinu~es 06 seconds East a distance of 227.0
feet; thence South 2 degrees lS minutes 14 seconds East a distance of 2~7.00
feet more or less to the centerline of Vally View Road (former county Road No.
79); thence Northwesterly along said centerline to its intersection with a line
drawn Southerly parallel with said West line of said Southwest Quarter from the
point of beginning; thence North a distance of 237.21 feet to the point of
beginning.
..
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2003, by and between the City of Shakopee
("City"), and Jesse J. Kahnke and Dawn R. Kahnke ("Kahnkes").
RECITALS
A. The Kahnkes are the owners of a parcel of land ("Property") located at 2224 Valley View
Road East in the City. The Property's PID # is 27-917018-0 and the Property is
approximately 5.20 acres in size. The legal description of the Property is contained on
Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amount
of the proposed assessment on the Property is $81,278,28 for the proiect as approved by the
city council and additional work as requested by the Kahnke's.
C. The Kahnkes disagree with the amount of the proposed assessment.
D. The Kahnkes and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Kahnkes agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
JJT-120840vl
SH155-105 1
2. The City will reduce the amount of the proposed assessment $73,224.32. The City will levy
$10,000 of that amount as a special assessment on the Property, and the Kahnkes will pay
that amount in the manner required by state law and the City's ordinances and regulations.
The Kahnkes will pay the remaining $63,224.32 in the manner set forth in Paragraph 5 of
this Agreement.
3. The Kalmkes waive notice of hearing and waive the right to the hearing required by
Minnesota Statutes, Section 429.031 on the $10,000 special assessment to be levied on the
Property.
4. The Kalmkes waive any and all rights to appeal or otherwise contest or challenge the
levying of the $10,000 special assessment against the Property, including but not limited to
the right to challenge whether the increase in fair market value resulting from the Project is
at least equal to the amount ofthe Project cost that is being assessed against the Property and
that such increase in fair market value is a special benefit to the Property. The Kahnkes
further agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the
adoption or levying of the special assessments are waived to the extent that those
requirements are not met.
5. The Kalmkes covenant and agree to pay the City the principal amount of $63,224.32 plus
interest when a plat or subdivision for the Property is recorded or the property is connected
to public sanitary sewer, whichever occurs first. Payment is due at the time that a plat or
subdivision for the Property is recorded or the property is connected to public sanitary
sewer, whichever occurs first. Simple annual interest shall accrue on the principal amount at
an annual rate of 2.5%. Interest will accrue from the date of this Agreement until the date
that the Kabnkes plat or subdivision for the Property is recorded, or the date that the
Property is connected to public sanitary sewer, whichever occurs first.
6. lfthe Kalmkes fail to make the payment required by paragraph 5, the City will not approve
or allow: (a) any connection of the Property to public sanitary sewer; or (b) any proposed
development, final plat or subdivision ofthe Property.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Kahnkes. It is the intent of the City and the Kahnkes that this Agreement be recorded
as a part of the land records of Scott County, Minnesota.
8. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
3.0 acres in size, not 5.20 acres.
9. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220840vl
SH155-I05 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MlNNESOT A )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
Jesse 1. Kahnke
Dawn R. Kahnke
STATE OF MINNESOTA )
) 58
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 2003 by
Jesse 1. Kahnke and Dawn R. Kahnke, Husband and Wife,
Notary Public,
My Commission Expires:
JJT-220840vl
SH155-105 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
JJT-220840vl
SH155-105 A-I
'~~~~~t::i(~~.J~~t;,;'"'~t;.""",,,,~.Ik..~k-.~'~.:liLU';"''''':''~''~''~' .~. '..~ l~"::"'~~:>;r"".' '..;::.l,r.~" .' ';'''..: \ ",::"0:1::':;.".4.:<0 ;:.',"'';''~''. '..-
. . . .~, Officl of Coonty Remiilel
, Scott ColIlty, MM
No d~li"q\lcnlle.xeS and transfer DnlDred; Certificate I hqy telt1fy that tile Wlthm Instrument
o{Rea1~tltoValuo ('~d ( ):Aotrcq~ ;:~ l!'1~O~~ '1J~i.
Ccrtlf\cato of 1) &tato Valli\) No. ' , AD 19 11 ~ o.:lOCl.
'7 .,a~ Ild~rec~
U-.. ,19'!~ ~1Io ~ ..
~1~._ ~UJ, ~
~~_7:?I~Udltor iii '-.... 0Ipty
U~pllty
tIY" WElL CERTIFICATE REceIVED
o WEll CERT1ACATE NOT REQUIRED
STATBOBBOTAXDtJ1!HEMON: $ 60/ /Y) l;~ror~...dlla)
DlIto: '-I7llnun/Jll'u /~J'l9/)
FOR VALUA8LE CONSlDERATION,
Hieheol ^. HLklllLQA and ~LM R. KikulLQh. Au.band and wif.
_ ,Grantor(!)
hereby convey'.) anu warrant(s) to
JOSS1i J. I<ahnke ll1Id D~wn R. 1<llhllJce
, Or&lltool,
asjoinl tenants, real proper!)' In Scott _ County, Minnesota, d~ed as foUow:t:
see L8;al D8ioription Att~oh.d.
IOIlt'lher with all hereditaments nnd &;>purlcnances belonging therrlo Mlbjcct to the followln~ execptloes:
no ,.;}>\1.;,;...,. M STATE OF ~
.: COUNTY {~~. :;;)-.J.sIDesota~}
DEED ',.. ::':"
':: STAMP DEe.no '.:,....~...' 5 6 I. 0 0 ~:~
,'" TAX - P.Q,I08Z0 ___ fr'i
,-:;It . &ut"ci /t: / -f
(../itl...~/i , , ..fluJu&'&<. '
K~Qh~.l A. K Iwlioh
Afn.D..m'~\ampH.... X...: /t'7 /?l f:.A-~./-
~ . 111kull.<::b ( ,
~",-r<~~~~
COUNTY OF )c/. /'" _ } 6&.
The foregoing in31nunont w~~ ~ok."'owl.dg.d boron me this / 9 ~ay of J{ ~ . 9~
lJy M1.t:'n...L. .Mo.. M1.K\\1.1.C'lh MUft "'lftl H "'ll'~II~"hl'llll' ./IL1 1Hlt'... ._.. ....
,Oranlor(a),
~aT^k~lThMrOrUa.-.L(onO'nusn . MHK)
e SHIRlEY K. BORMA~H I
tcrNrf ~"""'T" .
D"l<OTA COUNlV...... \
" It\' ~ OJ'IIID _~
~ " JESSE J. KAHNKE & DAWN R. KAHNKE
n<1.."rn<UM"""W^,O"'I'Tlll)~V(l"<M1lIJ<ll""'D1Uml; 2224 VAI.LEYV I EW ROAD
cb1<::a9o Tit18 Ineurano_ Company SHAKQPEE MN 55379
BOOO Town Line Avvn~e, 5ulte 204
Bloo~ln9ton, 111nne=ota 55438
. . a
.
TEL No. 612 829 2685 Nov 111,90 8: 54- P.03
~ .
1...qSaJ O<;3IU 11"'luu .. CuutU.U.lc\J
C.T, FIle No, A 85866
The Eaet halt of the Southw..t Quarter IE1/2 of SW1/4) ot Section 17, Town.hip l1S, II.
22, Scott county, Minnesota, lying south ~t county Roa4 NO. 79. EXCEPTING THER&rROMI
Thae ....art of thq Sa"t'. 0".-)'),,1 f 0" t.~.. ';nut"w.~t. Qn"rt:..,.. (Ki/' of $Ml/4) of 8eo~lon 17
Town.hip llS, Rango 22, Scott county, Minneeota, lying s~uth an4 Ealt ot the follOwin
deecrl.b",t.I li".. a"111nn'"" M: ~ r"lnt: nn t:h.. Ilnl1~,h lIn.. nf ...,,, Je...t. nn..-h..lf nf the
southwest Quarter 4ietant 200.00 feet ialt of the Southwe.t corner thereot, thene:;;
Northeaeterly at an angle ot 09 degreel S3 mLnutel 20 leconde (e. me.lured S..t to No
a diltance of 623.76 reet to the center line of a Town Road, thenoe ~outheaeterly al
la14 center 11ne a di.tanee of 1075 teet, more or le.., to ite intere.otion with th
saet line or .~1d ~Q.t on.-halt ot th8 southweet Quarter And ~h.r. t.rml~atin9..
"':I,
{
c.
~;
~';( . .
. .
r ~' . .0
.,D ~I
C', r ~
.~ ~
'') 1:1:1....'"
. ~~~
--..J ~~~~
~ ~;:,~
',~J ~ ;)'~
,1 ..., ~ :;~
....::::. ~ "
.J
. ~~: L_ i
~.'"
.-
.\:-
~t;li( .: ~:;: ~;~t:<r:;!~F< ;;~i}~;;j~Z!;~{';F~~ ~~~};'-;:~~~"f~~ '/,);.<,,! i,,(;':/~~;! ~-< ...~~0?;.: 1 r;',;' -_' ~ ,~!/~ :~,.-" . \ ' ~ . J ,,-. ~,!..-;::.!'
" .. . . "'. !7~'.'
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2003, by and between the City of Shakopee
("City"), and Robert J. Larsen and Debra 1. Larsen ("Larsens").
REelT ALS
A. The Larsens are the owner of a parcel of land ("Property") located at 2424 Valley View
Road East in the City. The Property's PID # is 27-917018-1 and the Property is
approximately 6.22 acres in size. The legal description of the Property is contained on
Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2001-5 ("Project"). The amount
of the proposed assessment on the Property is $160,006.25 for the proiect as approved by
the city council and additional work as requested by the Larsen's.
C. The Larsens disagree with the amount ofthe proposed assessment.
D. The Larsens and the City desire to enter into this Agreement to settle their dispute over the
amount of the proposed assessment and to set forth the obligations of the respective parties
with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and the Larsens agree as follows:
JJT-22084I vI
SH155-I05 1
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The City will reduce the amount of the proposed assessment $144,349.29. The City will
levy $10,000 of that amount on the Property, and the Larsens will pay that amount in the
manner required by state law and the City's ordinances and regulations. The Larsens shall
pay the remaining $134,349.29 in the manner set forth in Paragraph 5 of this Agreement.
3. The Larsens waive notice of hearing and waive the right to the hearing required by
Minnesota Statutes, Section 429.031 on the $10,000 special assessment to be levied on the
Property.
4. The Larsens waive any and all rights to appeal or otherwise contest or challenge the levying
of the $10,000 special assessment against the Property, including but not limited to the right
to challenge whether the increase in fair market value resulting from the Proj ect is at least
equal to the amount of the Project cost that is being assessed against the Property and that
such increase in fair market value is a special benefit to the Property. The Larsens further
agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption
or levying of the special assessments are waived to the extent that those requirements are not
met.
5. The Larsens covenant and agree to pay the City the principal amount of $134,349.29 plus
interest when a plat or subdivision for the Property is recorded or the property is connected
to public sanitary sewer, whichever occurs first.Payrnent is due at the time that a plat or
subdivision for the Property is recorded or the prbpertyis connected to public sanitary
sewer, whichever occurs first. Simple annual interest shall accrue on the principal amount at
an annual rate of 2.5%. Interest will accrue from the date of this Agreement until the date
that the Larsens plat or subdivision for the Property is recorded, or the date that the Property
is connected to public sanitary sewer, whichever occurs first.
6. If the Larsens fail to make the payment required by paragraph 5, the City will not approve or
allow: (a) any connection of the Property to public sanitary sewer; or (b) any proposed
development, final plat or subdivision ofthe Property.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and assigns
of the Larsens. It is the intent ofthe City and the Larsens that this Agreement be recorded as
a part of the land records of Scott County, Minnesota.
8. At the time that the Property is connected to public sanitary sewer, the City's per acre trunk
sanitary sewer fee that is in effect at that time will be calculated based on the Property being
5.25 acres in size, not 6.22 acres.
9. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted, subdivided, or
connected to public sanitary sewer.
JJT-220841 vi
SH155-I05 2
City of Shakopee
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2003 by
William P. Mars, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the
City of Shakopee, Minnesota, on behalf of said City.
Notary Public,
My Commission Expires:
Robert J. Larsen
Debra J. Larsen
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of ,2003 by
Robert J, Larsen and Debra J. Larsen, husband and wife,
Notary Public,
My Commission Expires:
JJT-220841 vi
SH155-I05 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
JJT-220841vl
SH155-105 A-I
- ~..- - ---, ... ~- . ..,-- -'---'--'
Con~ lor 0-.1 Form No SSM Mlller.DaTI. Co,. MIMeapull.. Mlnn
Jndl"ld....lco J~D( Tt'ft.&III'. . Nt 1t& Uniform Con"rranclntt Blank. (lIJ.\I i
'1fr'f.tis ~m-eement .. lOth ..:~'
\a;oV ~. I, .Made and enterrd mto thts,......................... .........................................,:.doy of
........................~.rn................;....., 19..,!-?...., by and between ..~.'.!~.J.';~...v.~.~~;.c:!9...~.~..~,~.~.~...~!',~"v.~.q~nCJ
",
part....~~..of t h t /f rtlt part, a nd,....~~~r,~..~,~,., ~.~~~.!.:...~.~.. ~~,~ry.~...~~,..~~~,~~,................,.... ..,...........,....
..................." .............._.... ...........................................,.........................................................; parties of the second part;
RUtnt"tr\J. That th.t Ifald part..}~. of the first part, in. conRideration of the covenants and
a/rument. of.old partlt!1f of the Ifccord part, hereinafter contained, hereby selL,. and a~ree..__ to convey
IUtto .ald partlt. of the u'corad part. a. Join t tenant, and not a8 tenants in common., their aui/ns, the
lIun.rivor of.ald part/tll. and tht heirll and QU{/IU of th(' survivor, by a.......~~~.~y.................... ..........Dercf
accompanied bll an abttfract erJidcnclnt toad title in- part................of the firat part at the date hereof, or
bll an owner', duplicate cut//fcatl! of titlc, upon the prompt an.d Iu.ll performan.ce by said partie. of the
.,ecoM ~~t,of th;lr flGrt of thl. atrct!ment. tlte tract........ of la~d, lyin~ fJ.1td bein~ i~ the Cou.nty ur
. ................'...L.. C" t." ....:: l' Qad..~..tat~ of,:Yinn~8Q.ta, !teacnb.ed as (q.llow87to-..zvtt: hi 115
fhet; p.~. Q ",Ia 81 ona lie e1T wi ::O\J",,~COT. \.IUar .er or Sec't1on J. . IOwns P , Range
7'2, !3cd\t. County. flltlnneoot8 lying Sout.n end t.et. 0' \t}....toU~,.,n' 4 _J1~"'tl e. eegillnJ
.. . pOlnt on tho Soutl1 11"" ar ..ld [..t ono-holr. at tho -E'\l1 tent 200.01
r..t taet or the Southweet cerner thereo" thence Ncrt~t8r~ ":'1" , 69 .degru..a
53 mlnut.d 20 .eoo~ (.. "naund ta8t. to Nort.h) II d1Itenc.;'ot~ :;;; the C.nhI"
Line 0' . To.., Hoed, t.I'1eoc. Southeeaterly along .aid canteF.JJI . _ 075 reet
more or leG8 to ,Lt.. InteroecUcn with the test 11n. of said Eeat one-helf 0' the ScUth1ll8S1
Juerter end than tertllnaUng. Cont.aining 6.94 IIcres more or le81s.
.,ubJoct to en,. oontl"DCt.o. ~ta or oncroechr;lents.
And .aid pqrti... ofthf' uC'ond pflrt. ill rOluideration of the premiae,y, hereby atree to pay /laid parti 0:1
uf theJlrlfL Mr' tat.. t~~ll' r891~!=.~...............................9a and lor the purchaae price of 8a-:d premtu,v.
/.Iff! 111m o/,J! ,tcan try:luuend '~V8 I:I~S~F.~..~~...~I..~q9.:::':'.~.~:::':'.~..~:':........:'.~......~.::-:IJollarH.
in mann.r arui at tlmf'$ /0110/.""1. iO-U it:
$3,000.00 the roo81pt end sufficiency of which ls hereby acknowledged
i12,500.00 peyabla in ~nt~ly installmente of S15D.On 1nclud~n9 Intereet at
tho nata or fh por~. Int.ereat shell commence on the 15th day or Merch
1975. r1f'9t. papont. .hell be due on rrley 15. 1975. Intenet rD.. on8 month
tram ~erch 15, 1915 to ~Jrl1 15, 1975 8hall be due on ~ey 15, 1975, but ehall
be payable 1n edd! tion to the r:egular monthl y peyment. Thereafhr peyrnents
0' $150.00 lIhcll ba dua on the 15th dey or e8ch end every mont.h until April
15. 197B, at. whl t'tl time total principe.! be1enc.e shall bea=ma due end peysble
1n rull.
Purchn~8r raGGrves the prlvilego to pay additional payments at any time 1n
mult1rllJ1S or uoa.OO or mol'S lIIithout penalty.
:-;...id 1IolU11<'Il uf II-..' ,,'('Ul,J ,...,1 IU'II.', ..u""'LAl'{ aJ,J "1(,,,..... (..II"......: tu \I"Y, 1>('/..1'1.' ",'llIlll,\' "lIl\.ChL'" 11WT'\!lu,..1I I..x,,,, <.IUI' ..lid 1'1\.1'1\''''
III tlx' I't"" 11116 , &n<l In ..u1......IUC."1 P""'. alld ai' ","".tal ...........IIl<'JlI. 1K'r'1.'lufof'\' or h"f'\'!l.rIN luvi,,,l.
, Suh: to pey the 1975 tClCtt5 due end payable in 1975
...1..., thlll .nl' J,U1IJml:" &II<J Illlj>f1l\t'IIl<.,t1. II". "II O&Jd 1,",,1, I/r ,,'I,wh ,.;....11 h"'I',..(II'r t.., t'r'1,<,lloJ. pl1t.l't..J.,'or m.d'lIIl<'r'1"H1. .bll ,,,,I I..
""'"""1,,111".""'''''''' l>u' .1L4l1,.. ."d ",,,...11' II., "'''I~'rl\ .,1 II., I'art iee of till' fin<l p~rl ulIlillhi",C'lJlllrlWl &luUl,l><: fully IA""""" 01
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rllb,.lo declare thl. r.ontract lorf"it,'d b,v ",lOOn or .ny bn.ach Ih\!n...r, .h.lIl" any mar.",'r alf,..,t th<' rI~h\ III Mid """_ !!-.....JII...II...\ ;: :..~f. .;'&:;
thlt contract becaUlO or delaulluiIlltll.'qu\'nlly ma!urlnl, and no """'nolon 01 tlm. .halll.. valid unIL.. \,Y\dt'lll'l.'11 hy dilly "~lnatnsmo'llt: :':, ::' .;:.::t
Furlher, alter eervIce or nod... .nd I.Uu", 10 ",move, lrIthln th<' pl'rlod rJlo.....'11 hy t.w, t.... dt'I."llthon~n '''''1'111<'<1, ....d 1*1100 or ,h<. , :,\'.
II!COnd pan hen!by spccIfi..ny ~, upon demand 01 oald part 1_ or tho 11m parl, quietly .iuIl.'...,""I~ to ...",ondrr In ~ . <'::~ ... J
~on or laid preml....., .lId every part thereor, Ilbulnl undt.tllood th.t ulltilllUrh dt.rlltlll, IIIlcl parllL.. IIr Ihr.........d part ""' to "'. ~:';:' ;}j.
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an eI'llntt,u part of tM. contraC!c; and that all thl! covenant. arid alrrtml!nt. hrreln contalrcd .hall
e;l:tend. run lUtth the land, a,.d "Ind the hei~., elCec'~tor', adminl.lratar. and aultn. Df the rupeetllJe
partie8 hereto,
In 1!:tlltlmonp fill)trtof, The pa~tlu her. to hal/I! hrrruntu ort their ha/IClff.. the daV and yea~
j!rst above written.
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On tht8.....:....:.....~9.~h.....................dav ol....................,.....!!\a7:,ch"~",..............,,............., 19..,..75... before me.
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to me known. to be thl! per80n.... de8e1'lb.d in. and who tJCecutcd the joretolllt II../rument, and aeknowlo1 ". \'.
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edled that....................Jte.Y... .............e;l:ecuted the 8amll ,............. ,~...............~t aot and dud. 60-'
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RESOLUTION NO. 5938
A Resolution Adopting Assessments
For Sarazin Street, From Mooer's Avenue
To Valley View Road; And Valley View Road
To The East Plat Line Of Pheasant Run 6th Addition
Project No. 2001-5
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Shakopee met and heard and passed upon all objections to the proposed assessments of:
Sarazin Street, from Mooer's Avenue to. Valley View Road; and Valley View Road to the
east plat line of Pheasant Run 6th Addition by installation of sanitary sewer, watermain,
storm sewer, street reconstruction, bituminous paving, curb & gutter, concrete sidewalk,
bituminous trail, street lighting and any appurtenant work
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That such proposed assessment together with any amendments thereof, a copy of which
is attached hereto and made a part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein included is hereby found to be
benefitted by the proposed improvements in the amount ofthe assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over a period
of ten years, the first installment to be payable on or before the first Monday in January, 2004, and
shall bear interest at the rate of 4.00 percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added the interest on the entire assessment
from the date ofthis resolution until December 31,2004 and to each subsequent installment when
due shall be added the interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner
may thereafter pay to the County Treasurer the installment and interest in process of collection on
the current tax list, and may pay the remaining principal balance of the assessment to the City
Treasurer.
4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and
shall certify annually to the County Auditor on or before November 30th of each year the total
amount of installments and interest on assessments on each parcel of land which are to become due
in the following year.
Adopted in session of the City Council ofthe City of
Shakopee, Miooesota, held this day of ,2003.
Mayor of the City of Shako pee
ATTEST:
City Clerk
ASSESSMENT ROLL
SARAZIN STREET FROM MOOER'S AVENUE TO VALLEY VIEW ROAD AND
VALLEY VIEW ROAD FROM SARAZIN STREET TO EAST PLAT LINE
OF PHEASANT RUN 6TH ADDITION
P.I.D. PROPERTY OWNER LEGAL DESCRIPTION I Assessment
27-328001-0 US HOME CORPORATION" PRAIRIE VILLAGE 6TH ADDITION $ 111,626,040
THRU 935 EAST WAYZATA BLVD
27-328024-0 WAYZATA, MN 55391
27-346001-0 US HOME CORPORATION" PRAIRIE VILLAGE 7TH ADDITION $ 134,194.240
THRU 935 EAST WAYZATA BLVD
27-346024-0 WAYZATA, MN 55391
27-917005-0 JOAN SCHULTZ FAMILY L TD SECT-17 TWP-115 RNG-022 S $ 48,263.500 See
2104 VALLEY VIEW RD 50A OF W1/2 SW1/4 EX 3,86A Note (2)
SHAKOPEE MN 55379 &EX 2A & EX 4,36A & EX 1,12A
& EX .34A & EX 2,07A & EX
2,07A & EX 13,32A
27-917005-1 JOAN SCHULTZ FAMILY L TO SECT -17 TWP-115 RNG-022 $ 38,578.810
2104 VALLEY VIEW RD 13,32 EASTERLY P/O SW1/4 OF SW1/4
SHAKO PEE MN 55379 S FO ROAD BEG 560' E OF SW COR
27-917006-0 JOHN H & KRISTEN L HUTH SECT-17 TWP-115 RNG-022 P/O $ 29,904,570
1730 V ALLEY VIEW RD E W1/2 SW1/4 COM 959.4' N
SHAKOPEE MN 55379 OFSW COR, N 435,6', SE 224,3',
S374.1', W 215' TO POB EX
N 33'
27-917007-0 JOAN SCHUL TZFAMIL Y L TO SECT-17 TWP-115 RNG-022 027917523300700 $ 18,398.760 See
2104 VALLEY VIEW RD 17 115 22 4.36P/O SW 1/4 Note (2)
SHAKOPEE MN 55379 SW 1/4 COM SW COR N1395,
SE 756,6 TO P-O-B, SE 208.4,
SE 205,4, SW 417.7, NW 418,2,
NE 416,8 TO BEG
27-917008-0 MERLE E & KRISTINE L THEIS SECT-17 TWP-115 RNG-022 P/O $ 14,700,750 See
PO BOX 75 SW1/4 SW1/4 COM 1395' N Note (1)
SHAKOPEE MN 55379 OFSW COR, SE 481.9' TO POB,
SE 208,7', SW 240.1', W
169,3', NE 292,15' & PARCEL
169,3' X 117.46' X 147.51'
X 98.75'
27-917009-0 ROBERT & GAIL S BERG SECT-17 TWP-115 RNG-02217 $ 16,648,190 See
1902 VALLEY VIEW RD 115222.07 P/O W 1/2 OF Note (1)
SHAKOPEE MN 55379 SW 1/4 COM, AT SW COR. N
1395,SE 224.3 TO P-O-B,
SE 257,6, SW 390,9, NW 182.23,
N 443,2 TO BEG
27-917010-0 WILLIS E SMITH SECT-17 TWP-115 RNG-022 P/O $ 34,320,140
1276 AVW SW1/4 SW1/4 COM SW COR,
SHAKOPEE MN 55379 N 1395', SE 714', N 125',
E 349,72' TO POB, W 180.43',
SW 168.55' TO CL OF ROAD,
SE ALONG CL TO INTUNE DRAWN
S FROM POB, N 237,21' TO
POB,
27-917011-0 JOHN D & JODI L HENNES SECT-17 TWP-115 RNG-022 P/O $ 53,304,190
2237 VALLEY VIEW RD E SW 1/4 SW 1/4 BEG SW COR,
SHAKO PEE MN 55379 N 1395, SE 714, N 125, E
349.72' TO POB, E 338,75',
SE 227', SE 217' TOCL OF
ROAD, NW ALONG CL TO INTLlNE
DRAWN S FROM POB, N 237,21'
TO POB,
27-917012-0 JOHN & MARY A O'LOUGHLlN SECT-17TWP-115 RNG-022 P/O $ 13,500.000 See
2988 VALLEYT VIEW RD, SW 1/4 SW 1/4 BEG SW COR, COM 1395' N Note (1)
SHAKOPEE MN 55379 OF SW COR SE 714' TO POB , N 125',
E 169.29', SW 168,55', W 127.4' TO BEG
27-917018-0 JESSE J & DAWN R KAHNKE SECT-17 TWP-115 RNG-022 5.48 $ 81,278.280
2224 VALLEY VIEW RD E1/2 OF SW1/4 LYING S OF CO RD 79 EX
SHAKO PEE MN 55379 6,94A
27-917018-1 ROBERT J LARSEN SECT-17TWP-115 RNG-022 P/O $ 160,006,250
2424 VALLEY VIEW ROAD E1/2 SW1/4 LYING SS & E OF LINE COM 200'
SHAKOPEE MN 55379 E OF SW COR, NE 623.76' TO CL OF RD, SE
ON CL 1075' TO ELINE E1/2 SW1/4 & THERE
TERMINATING
27-918009-3 BETASEEDINC SECT-18 TWP-115 RNG-02218 $ 124,029.520
1788 MARSCHALL RD 1152230 THAT P/O NE1/4SE1/4
SHAKOPEE MN 55379 LYING S OF N 21,15' & N'ERLY
OF CL OF VALLEY VIEW ROAD
27-920005-0 GENE HAUER FARMS SECT-20 TWP-115 RNG-022 60 $ 3,313,360
2449 EAGLE CREEK BLVD W1/2 NE 114 EX W 597,18' OF N 1460,50'
SHAKOPEE MN 55379
27-920005-1 TERRY L& KITTY S HAUER SECT-20 TWP-115 RNG-022 20 $ 80,085.880
2512 VALLEY VIEW RD 1152220 W 597,18' OF N1460,50'
SHAKOPEE MN 55379 OF W1/2 NE1/4
27-920006-0 WILLIAM G SCHMITZ SECT-20 TWP-115 RNG-022 E1/2 $ 7,177,020
2468 VALLEYVIEW RD NW1/4
SHAKOPEE MN 55379
PHEASANT RUN OF OUTLOT B $ 320,026.750
SHAKOPEE, LLP PHEASANT RUN 6TH ADDITION
2500 WEST COUNTY ROAD 42
SUITE 11
BURNSVILLE, MN, 55337
TOTALS $ 1,289,356,250
** US Homes is not current owner, but will payoff these assessments
Note (1) Because of benefit appraisel, and executed assessment agreements, the assessments
for these parcels have been reduced,
Note (2) The assessments for Parcels 27-917005-0 and 27-917007-0 were combined and then pro-rated,
Based on the square footage of the parcels, The rationale for pro-rating the parcels is the short frontage
of parcel 27-917005-0 would make the assessments smaller, but the benefit the parcel received from
improvements exceeds the pro-rated assessment. (Areas used 4,36 ac for 007-0 and 11.45 for 005-0)
9, ft
CITY OF SHAKOPEE
Memorandum{ on the Table)
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Assessment Hearing for Sarazin Street and
Valley View Road, Project No. 2001-5
DATE: September 16, 2003
INTRODUCTION:
Attached to this memorandum is a letter from U.S. Homes stating they will pay all
assessments associated with Prairie Village 6th and ih Additions. Also attached is a
revised assessment roll, based on all eight parcels executing the assessment agreements,
as prepared by the City Attorney.
BACKGROUND:
With this project, eight property owners with parcels less than 10 acres were provided an
assessment agreement. This agreement provided for a 10% discount on the base
assessment, reduced interest rate on the assessment amount to be paid later and reduced
trunk sanitary sewer charge acreage in exchange for a waiver of assessment appeal.
The previous assessment roll had an assessment total of$I,289,356.25 based on a benefit
appraisal reduction. The attached revised assessment roll has a $10,000.00 current
assessment for the following parcels:
1. 0' Loughlin's
2. Theis's
3. Berg's
4. Smith's
5. Hennes's
6. Kahnke's
7. Huth's
8. Larsen's
The revised assessment roll has a new current assessment total of $965,693.88. From the
assessment agreements, a total of $265,932.81 will be collected later when the parcel is
subdivided and recorded or connected to public sanitary sewer. At this time, the Larsen's
Hennes's and Smith's parcels are considering or have subdivided.
At the writing of this memo, seven out of eight agreements have been signed and the
other property owner has indicated that they intend to sign the agreement. The
assessment roll for the Council to adopt must be the current assessments that will be
certified to the County for placement on the various parcels.
Prairie Village and Pheasant Run developments have indicated they are responsible for
the assessments and will pay in full after the assessment have been adopted by the
Council.
Attached also are letters from property owners on the assessments. One letter is from the
resident at 2051 Ponds Way to the assessment of $4,651.08. Initially, the City is required
to send an assessment notice to the parcels to be assessed. Since the time of the notice,
the developer of Prairie Village 6th & 7th Additions will pay for the assessments, as per
previous developer agreements.
The other letter is from Ms. Joan Schultz in regard to the assessments in which a mistake
was made on the amount to her property and has since been corrected. Ms. Schultz does
refer to a "Green Acres" status or possible deferment for an owner who is 65 years old or
older. Staffwill address those items during the hearing.
RECOMMENDATION:
Staff recommends attaching the revised assessment roll to Resolution No. 5938 for
Council approval.
ACTION REQUESTED:
Offer Resolution No. 5938, A Resolution Adopting Assessments, as Revised on
September 16, 2003, for Sarazin Street, from Mooer's Avenue to Valley View Road; and
Valley View Road, from Sarazin Street to the East Plat Line of Pheasant Run 6th
Addition, Project No. 2001-5 and move it adoption.
~~
Public Works Director
BUpmp
REVISEDASSESS
ASSESSMENT ROLL
SARAZIN STREET FROM MOOER'S AVENUE TO VALLEY VIEW ROAD AND
VALLEY VIEW ROAD FROM SARAZIN STREET TO EAST PLAT LINE
OF PHEASANT RUN 6TH ADDITION
Revised: 09-16-03
P.I.D. PROPERTY OWNER LEGAL DESCRIPTION r Assessment
27-328001-0 US HOME CORPORATION ** PRAIRIE VILLAGE 6TH ADDITION $111,626,04
THRU 935 EAST WAYZATA BLVD
27-328024-0 WAYZATA, MN 55391
27-346001-0 US HOME CORPORATION ** PRAIRIE VILLAGE 7TH ADDITION $134,194,24
THRU 935 EAST WAYZATA BLVD
27-346024-0 WAYZATA, MN 55391
27-917005-0 JOAN SCHULTZ FAMILY L TO SECT-17 TWP-115 RNG-022 S $48,263,50 See
2104 VALLEY VIEW RD 50A OF W1/2 SW1/4 EX 3.86A Note (2)
SHAKOPEE MN 55379 &EX 2A & EX 4,36A & EX 1,12A
& EX ,34A & EX 2,07A & EX
2,07A & EX 13,32A
27-917005-1 JOAN SCHULTZ FAMILY LTD SECT-17 TWP-115 RNG-022 $38,578,81
2104 VALLEY VIEW RD 13.32 EASTERLY PIO SW1/4 OF SW1/4
SHAKOPEE MN 55379 S FO ROAD BEG 560' E OF SW COR
27-917006-0 JOHN H & KRISTEN L HUTH SECT-17 TWP-115 RNG-022 PIO $10,000,00 See
1730 VALLEY VIEW RD E W1/2 SW1/4 COM 959.4' N Note (1)
SHAKOPEE MN 55319 OFSW COR, N 435.6', SE 224,3',
S374.1',W 215' TO POB EX
N33'
27-917007-0 JOAN SCHULTZFAMILY LTD SECT -17 TWP-115 RNG-022 027917523300700 $18,398,76 See
2104 VALLEY VIEW RD 1711522 4.36P/O SW 1/4 Note (2)
SHAKOPEE MN 55379 SW 1/4 COM SW COR N1395,
SE 756,6 TO P-O-B, SE 208.4,
SE 205.4, SW 417,7, NW 418,2,
NE 416,8 TO BEG
27-917008-0 MERLE E & KRISTINE L THEIS SECT-17 TWP-115 RNG-022 PIO $10,000,00 See
PO BOX 75 SW1/4 SW1/4 COM 1395' N Note (1)
SHAKOPEE MN 55379 OFSW COR, SE 481,9' TO POB,
SE 208,7', SW 240.1', W
169,3', NE 292.15' & PARCEL
169,3' X 117.46' X 147,51'
X 98,75'
27-917009-0 ROBERT & GAIL S BERG SECT-17 TWP-115 RNG-022 17 $10,000,00 See
1902 VALLEY VIEW RD 115222,07 PIO W 1/2 OF Note (1)
SHAKOPEE MN 55379 SW 1/4 COM, AT SW COR. N
1395,SE 224,3 TO P-O-B,
SE 257,6, SW 390,9, NW 182,23,
N 443,2 TO BEG
27-917010-0 WILLIS E SMITH SECT-17 TWP-115 RNG-022 PIO $10,000,00 See
1276AVW SW1/4 SW1/4 COM SW COR, Note (1)
SHAKOPEE MN 55379 N 1395', SE 714', N 125',
E 349,72' TO POB, W 180.43',
SW 168.55' TO CL OF ROAD,
SE ALONG CL TO INTLlNE DRAWN
S FROM POB, N 237.21' TO
POB,
27-917011-0 JOHN D & JODI L HENNES SECT-17 TWP-115 RNG-022 PIO $10,000,00 See
2237 VALLEY VIEW RD E SW 1/4 SW 1/4 BEG SW COR, Note (1)
SHAKOPEE MN 55379 N 1395, SE 714, N 125, E
349,72' TO POB, E 338,75',
SE 227', SE 217' TOCL OF
ROAD, NW ALONG CL TO INTLlNE
DRAWN S FROM POB, N 237,21'
TO POB.
27-917012-0 JOHN & MARY A O'LOUGHLlN SECT-17 TWP-115 RNG-022 P/O $10,000,00 See
2988 VALLEYT VIEW RD, SW 1/4 SW 1/4 BEG SW COR, COM 1395' N Note (1)
SHAKOPEE MN 55379 OF SW COR SE 714' TO POB, N 125',
E 169,29', SW 168,55', W 127.4' TO BEG
27-917018-0 JESSE J & DAWN R KAHNKE SECT-17 TWP-115 RNG-022 5.48 $10,000,00 See
2224 VALLEY VIEW RD E1/2 OF SW1/4 LYING S OF CO RD 79 EX Note (1)
SHAKOPEE MN 55379 6.94A
27-917018-1 ROBERT J LARSEN SECT-17 TWP-115 RNG-022 P/O $10,000,00 See
2424 VALLEY VIEW ROAD E1/2 SW1/4 LYING SS & E OF LINE COM 200' Note (1)
SHAKOPEE MN 55379 E OF SW COR, NE 623.76' TO CL OF RD, SE
ON CL1075' TO ELINE E1/2 SW1/4 & THERE
TERMINATING
27-918009-3 BETASEEDINC SECT-18 TWP-115 RNG-02218 $124,029.52
1788 MARSCHALL RD 1152230 THAT P/O NE1/4SE1/4
SHAKOPEE MN 55379 LYING S OF N 21.15' & N'ERLY
OF CL OF VALLEY VIEW ROAD
27-920005-0 GENE HAUER FARMS SECT -20 TWP-115 RNG-022 60 $3,313.36
2449 EAGLE CREEK BLVD W1/2 NE 1/4 EX W 597,18' OF N 1460.50'
SHAKOPEE MN 55379
27-920005-1 TERRY L & KITTY S HAUER SECT-20 TWP-115 RNG-022 20 $80,085.88
2512 VALLEY VIEW RD 1152220 W 597,18' OF N1460.50'
SHAKOPEE MN 55379 OF W1/2 NE1/4
27-920006-0 WILLIAM G SCHMITZ SECT-20 TWP-115 RNG-022 E1/2 $7,177.02
2468 VALLEYVIEW RD NW1/4
SHAKOPEE MN 55379
PHEASANT RUN OF OUTLOT B $320,026,75
SHAKOPEE, LLP PHEASANT RUN 6TH ADDITION
2500 WEST COUNTY ROAD 42
SUITE 11
BURNSVILLE, MN, 55337
TOTALS $965,693.88
** US Homes is not current owner, but will payoff these assessments
Note (1) Because of benefit appraisal, and executed assessment agreements, the assessments
for these parcels have been reduced,
Note (2) The assessments for Parcels 27-917005-0 and 27-917007-0 were combined and then pro-rated,
Based on the square footage of the parcels, The rationale for pro-rating the parcels is the short frontage
of parcel 27-917005-0 would make the assessments smaller, but the benefit the parcel received from
improvements exceeds the pro-rated assessment. (Areas used 4.36 ac for 007-0 and 11.45 for 005-0)
~~.!.~~003 1~: 49 FAX 9524737401 LUNUu~~N ~KU~. ~UN~!. t.t!:J VV..L
"
Thompson Division
[ US.HOme~
935 East Wayzata Boulevard
Wayzata, MN 55391
phone: 952.473.1231
Fax: 952.473.7401
Email: lepperc@wf.ushome.com
TransmIttal
To: ~UV~~ From: Cory Lepper
Company: Date: ~r B ~ 'z.lm3
Fax Number: qG2- . ?,~S . --S ~o{ Pages: ~
phone Number:
Regarding:
_ ~2003 14:49 FAX 9524737401 LUNDGREN BROS. CONST. ~002
lENNAR FAMILY OF BUILDERs.. 935 East Wayzata Boulevard
l US'HOmEr] VVayzata, ~Utnesota 55391
952.473.1231 Phone
Corporat ion 952.473.7401 Fax
ORRIN THOMPSON HOMES
September 8, 2003
Mr. Bruce Loney
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Dear Bruce:
In further discussion we decided it is easier for everyone including the City and our Title
Company if we just payoff all the assessments. Send an invoice to my attention, Stewart Title
has been escrowing funds so there will be payments by U.S. Home and Stewart Title to cover the
entire balance of the assessments.
,() L{
Prairie Village 611. addition - $111,626.% - Invoice to U.S. Home Corporation
Prairie Village 7ili addition - $134,194.24 - Invoioe U.S. Home Corporation
This should simplify the process for everyone. Let me know if you have any questions.
Best Regards:
Cory Lepper
Vice President
U.S. Home Corporation
BENEFIT REMAIING TO
PROPERTY INITIAL APPRAISAL AGREEMENT CURRENT HOOK-UP
OWNER ASSESSMENT REDUCTION ASSESSMENT ASSESSMENT OR PLAT
O'LOUGHLIN $21,218.22 $15,000.00 $13,500.00 $10,000.00 $3,500.00
THEIS $32,110.41 $15,000.00 $13,500.00 $10,000.00 $3,500.00
RUTH $29,904.54 $29,904.54 $26,999.95 $10,000.00 $16,999.95
BERG $40,995.23 $16,648.19 $15,148.19 $10,000.00 $5,148.19
SMITH $34,320.14 $34,320.14 $30,925.06 $10,000.00 $20,925.06
HENNES $53,304.19 $53,304.19 $48,010.71 $10,000.00 $38,010.71
KAHNKE $81,278.28 $81,278.28 $73,224.32 $10,000.00 $63,224.32
LARSEN . $160,006.25 $160,006.25 $144,349.29 $10,000.00 $134,349.29
JOAN L SCHLUTZ FAMILY LTD - 2104 VALLEY VIEWS ROAD. SHAKOPEE.
MINNESOTA
CITY OF SHAKOPEE
126 HOLMES ST. SO.
SHAKOPEE, MINNESOTA 55379
RE: PROJECT NO. 2001-5
PID: #27-917005-0 & 27-917007-0
SEPTEMBER 13, 2003
CITY CLERK- JUDITH S. COX;
UPON RECEIVING YOUR CERTIFIED MAIL OF AUGUST 29, 2003 PERTAINING
TO THE ABOVE PID#'S FOR ME IN MY NAME JOAN L. SCHULTZ, FAMILY LTD., I
WAS DISMAYHED THAT THE U.S. HOMES ASSESSMENT WAS INCLUDED IN MY
PARCELS.
Thank you for calling me at 12:15pm on September 3, 2003 about the admitted
mistake made, Bruce. I knew it'd be corrected in due -time, therefore, my optimism
about the marter.
Since may parcels are debt free and are labeled "Prepared Green Acres" there is
nothing due by me unless I sell the above parcels or develop them. There is not a plan to
do neither. It is also my understanding there'll be no interest charge at all , in my
situation. With this understanding , there is no need to appeal to the District Court
pursuant to Section 429.081 to appeal. It should be automatic since the Council should
have the discretion to defer the payment of this special assessment for this owner who is
65 years of age or older. These revised figures amounts to $66,662.26 assessment is the
final assessment now, as I understand it. With this being under "Preferred Green Acres"
and also a hardship to make the payments of said amounts, I trust that the Council, in it's
discretion, defer the payment of this special assessment. Can the Council terminate the
deferment and throw the definition of "Preferred Green Acres" out the window? Please
clarify this deferred assessment.
Also, please don't bother with expecting me to pay $28.00 indicating 911
emergency address sign. The costs for us 200 residents would be a worthwhile
investment for the city to absorb as it'd make it clear for emergency vehicles to do their
job well, which we as taxpayers are already paying in property tax for their employment.
We, who endured much on the South side of Valley View Road throughout the
development and improvements, should be recognized as good citizens who give up
much for the good of all. Perhaps one could look at this as being 'grand-mothered' in
with this request of additional assessment!
Thank you for your consideration.
~-
.. · J--
2051 Ponds Way
Shakopee,.MN 55379
September 8, 2003.
City of Shakopee
129 South Holmes Street
Shakopee, .MN
Dear City Council:
We object to paying the proposed assessment cost of $4651.08 for improvements as
described in the letter sent by the City of Shakopee.
We were never told about this assessment before we came here to live in this
neighborhood. Ifwe have known about this, it would affect our decision to build with
Orrin Thompson. So we are not paying this cost.
Sincerely,
..~~~~....~.~.~.~,.......~~~.~..,.3.~.~
Dev & Kalawatie Boodhoo
Rrf"\ro, F'''D
\tLtl\ t 1;- j~(r6 ocr - 0
c....
SEP 1 2 2003
CITY OF SHAKOPEE ~C)c) I -<5
.
l.
ASSESSMENT ROLL
SARAZIN STREET FROM MOOER'S AVENUE TO VALLEY VIEW ROAD AND
VALLEY VIEW ROAD FROM SARAZIN STREET TO EAST PLAT LINE
OF PHEASANT RUN 6TH ADDITION
Revised: 09-16-03
P.I.D. PROPERTY OWNER LEGAL DESCRIPTION I Assessment
27-328001-0 US HOME CORPORATION ** PRAIRIE VILLAGE 6TH ADDITION $111,626.04
THRU 935 EAST WAYZATA BLVD
27-328024-0 WAYZATA, MN 55391
27-346001-0 US HOME CORPORATION "" PRAIRIE VILLAGE 7TH ADDITION $134,194,24
THRU 935 EAST WAYZATA BLVD
27-346024-0 WAYZATA, MN 55391
27-917005-0 JOAN SCHULTZ FAMILY 1. TO SECT-171WP-115 RNG-022 S $48,263,50 See
2104 VALLEY VIEW RD 50A OF W1/2 SW1/4 EX 3,86A Note (2)
SHAKOPEE MN 55379 &EX 2A & EX 4,36A & EX 1.12A
& EX ,34A & EX 2,07A & EX
2,07A & EX 13,32A
27-917005-1 JOAN SCHULTZ FAMILY L TO SECT-171WP-115 RNG-022 $38,578,81
2104 VALLEY VIEW RD 13.32 EASTERLY P/O SW1/4 OF SW1/4
SHAKOPEE MN 55379 S FO ROAD BEG 560' E OF SW COR
27-917006-0 JOHN H & KRISTEN L HUTH SECT-171WP-115 RNG-022 PIO $10,000,00 See
1730 VALLEY VIEW RD E W1/2 SW1/4 COM 959.4' N Note (1)
SHAKOPEE MN 55379 OFSW COR, N 435.6', SE 224,3',
S374.1', W215'TO POB EX
N33'
27-917007-0 JOAN SCHUL TZFAMIL Y L TO SECT-171WP-115 RNG-022 027917523300700 $18,398.76 See
2104 VALLEY VIEW RD 1711522 4.36P/0 SW 1/4 Note (2)
SHAKOPEE MN 55379 SW 1/4 COM SW COR N1395,
SE 756,6 TO P-O-B, SE 208.4,
SE 205.4, SW 417,7, NW 418,2,
NE 416,8 TO BEG
27-917008-0 MERLE E & KRISTINE L THEIS SECT-171WP-115 RNG-022 PIO $10,000,00 See
PO BOX 75 SW1/4 SW1/4 COM 1395' N Note (1)
SHAKOPEE MN 55379 OFSW COR, SE 481.9' TO POB,
SE 208.7', SW240.1', W
169.3', NE 292.15' & PARCEL
169.3' X 117.46' X 147,51'
X 98.75'
27-917009-0 ROBERT & GAIL S BERG SECT-171WP-115 RNG-022 17 $10,000,00 See
1902 VALLEY VIEW RD 115222,07 PIO W 1/2 OF Note (1)
SHAKOPEE MN 55379 SW 1/4 COM. AT SW COR. N
1395,SE 224,3 TO P-O-B,
SE 257,6, SW 390.9, NW 182,23,
N 443,2 TO BEG
27-917010-0 WilLIS E SMITH SECT-171WP-115 RNG-022 P/O $10,000.00 See
1276AVW SW1/4 SW1/4 COM SW COR, Note (1)
SHAKOPEE MN 55379 N 1395', SE 714', N 125',
E 349,72' TO POB, W 180,43',
SW 168.55' TO Cl OF ROAD,
SE ALONG CL TO INTUNE DRAWN
S FROM POB, N 237.21' TO
POB,
.
1.
27-917011-0 JOHN 0 & JODI L HENNES SECT.17 TWP-115 RNG-022 PIO $10,000,00 See
2237 VALLEY VIEW RD E SW 1/4 SW 1/4 BEG SW COR, Note (1)
SHAKOPEE MN 55379 N 1395, SE 714, N 125, E
349.72' TO POB, E 338,75',
SE 227', SE 217' TOCl OF
ROAD, NW ALONG CL TO INTLlNE
DRAWN S FROM POB, N 237,21'
TO POB.
27-917012-0 JOHN & MARY A O'LOUGHLlN SECT-17 TWP-115 RNG-022 PIO $10,000,00 See
2988 VALLEYT VIEW RD. SW 1/4 SW 1/4 BEG SW COR, COM 1395' N Note (1)
SHAKOPEE MN 55379 OF SW COR SE 714' TO POB, N 125',
E 169,29', SW 168.55', W 127.4' TO BEG
27-917018-0 JESSE J & DAWN R KAHNKE SECT-17 TWP-115 RNG-022 5,48 $10,000,00 See
2224 VALLEY VIEW RD E1/2 OF SW1/4 LYING S OF CO RD 79 EX Note (1)
SHAKOPEE MN 55379 6,94A
27-917018-1 ROBERT J LARSEN SECT-17 TWP-115 RNG-022 P/O $10,000,00 See
2424 VALLEY VIEW ROAD E1/2 SW1/4 LYING SS & E OF LINE COM 200' Note (1)
SHAKOPEE MN 55379 E OF SW COR, NE 623.76' TO CL OF RD. BE
ON CL 1075' TO ELINE E1/2 SW1/4 & THERE
TERMINATING
27 -918009-3 BETASEED INC SECT-18 TWP-115 RNG-02218 $124,029,52
1788 MARSCHALL RD 115 22 30 THAT P/O NE1/4SE1/4
SHAKOPEE MN 55379 LYING S OF N 21,15' & N'ERLY
OF CL OF VALLEY VIEW ROAD
27-920005-0 GENE HAUER FARMS SECT-20 TWP-115 RNG-022 60 $3,313.36
2449 EAGLE CREEK BLVD W1/2 NE 114 EX W 597.18' OF N 1460.50'
SHAKOPEE MN 55379
27-920005-1 TERRY L & KITTY S HAUER SECT-20 TWP-115 RNG-022 20 $80,085,88
2512 VALLEY VIEW RD 1152220 W 597.18' OF N1460,50'
SHAKOPEE MN 55379 OF W1/2 NE1/4
27-920006-0 WILLIAM G SCHMITZ SECT-20 TWP-115 RNG-022 E1/2 $7,177.02
2468 VALLEYVIEW RD NW1/4
SHAKO PEE MN 55379
PHEASANT RUN OF OUTLOT B $320,026,75
SHAKO PEE, LLP PHEASANT RUN 6TH ADDITION
2500 WEST COUNTY ROAD 42
SUITE 11
BURNSVILLE, MN. 55337
TOTALS $965,693,88
.. US Homes is not current owner, but will pay off these assessments
Note (1) Because of benefit appraisal, and executed assessment agreements, the assessments
for these parcels have been reduced,
Note (2) The assessments for Parcels 27-917005-0 and 27-917007-0 were combined and then pro-rated,
Based on the square footage of the parcels. The rationale for pro-rating the parcels is the short frontage
of parcel 27-917005-0 would make the assessments smaller, but the benefit the parcel received from
improvements exceeds the pro-rated assessment. (Areas used 4,36 ac for 007-0 and 11.45 for 005-0)