2007-09-25 Agreement for Waiver of Objection to Special Assmt
AGREEMENT FOR WAIVER OF OBJECTION TO
SPECIAL ASSESSMENT RELATED TO THE
IMPROVEMENT OF LACHMAN AVENUE
WHEREAS, the Albertville City Council has prepared plans and specifications and
has received bids for the extension of Lachman Avenue from 60th Street N.E. to 57th Street,
including the installation of street, curb, gutter, storm sewer, sidewalk, water main, wetland
mitigation, capitalized interest, financing costs, water trunk fees and park dedication fees
arising from the platting of the Property Owner's property described below ("Lachman
Avenue Improvements"); and
WHEREAS, the City has agreed to construct the Lachman Avenue Improvements,
provided that the owners of the property that would benefit from the subject improvements
agree to waive any special assessment appeal rights they might have with regard to the costs
proposed to be assessed to their property.
WHEREAS, Donald G. Barthel ("Property Owner") is the owner of the property as
legally described as Outlot A, Barthel Commercial Park Second Addition, according to the
plat of record in the Wright County Recorder's Office ("Property"); and
WHEREAS, the assessment to the Property as a result of the Lachman Avenue
Improvements is estimated to be $291,522.59;
NOW, THEREFORE, the City of Albertville and Property Owner agree as follows:
1. In the event the City shall construct the Lachman Avenue Improvements, the City
may adopt a special assessment against the benefiting properties for the costs
associated with such improvements.
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2. Property Owner hereby knowingly and voluntarily waives any objection to said
assessment levied against the Property in an amount up to $291,522.59, the estimated
cost of construction. Specifically, Property Owners acknowledge that the Lachman
Avenue Improvements will specially benefit the Property in an amount at least equal
to $291,522.59 and hereby waive any right to appeal or challenge an assessment in
the amount of$291,522.59 pursuant to Minn. Stat. ~429.081, or any other statutory,
common law, or Constitutional provision.
3. In the event that the special assessments levied against the Property exceed
$291,522.59, Property Owner shall have the right to appeal from the difference
between $291,522.59 and the actual assessment amount levied against the Property.
! 4. This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
Dated: ~/()\1}QA. ~ ,2007
I CITY OF ALBERTVILLE
PROPERTY OWNER
....~~7ckt
Donald G. Bart el
Ron Klecker
Mayor
Bridget Miller
City Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of
, 2007, by Ron Klecker as Mayor of the City of Albertville, a Minnesota
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municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of
,2007, by Bridget Miller, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
STATE OF MINNESOTA )
) s.s.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ 5fh- day of
,8(> pt--e-m he" 2007, by Donald G. Barthel.
~ l1!Y\ct~ ~~
SIGNA~ OF NOTARY
.~.."J.".Vw.~..~~';"AV~~:lf
I aAIDGET MARIE MILLEP i
NOTARY PUBltC.MINNESOTA
. ... ,,_'.,.J. M" .
.
This instrument was drafted by:
Couri, MacArthur & Ruppe, P .L.L.P.
705 Central Ave. East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
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EXHIBIT A
That property described in Document No. 695049 as recorded in the Wright
County Recorder's Office, Wright County, Minnesota.
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PERMANENT ROADWAY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT
Donald G. Barthel, a widower, Grantor, for and in consideration of One Dollar ($1.00) and other
valuable consideration, receipt of which is hereby acknowledged, does hereby convey and warrant
to the City of Albertville, a municipal corporation under the laws of the state of Minnesota, Grantee,
a permanent easement for roadway purposes, together with the unrestricted right to improve, repair
and maintain the same, free and clear of all encumbrances, over, under, and across the following
described real estate in the County of Wright, State of Minnesota:
SEE ATTACHED EXHIBIT A
In addition, Grantor for and in consideration of One Dollar ($1.00) and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant to the Grantee the right to enter upon
the following described premises from the date of this Easement until July 31, 2008, for purposes of
construction of street, curb, gutter, storm sewer, municipal water, sidewalk and accompanying
improvements:
All of Outlot A, Barthel Commercial Park Second Addition, Wright County, Minnesota.
Dated: September ~ 5 , 2007
~
. \ i 1-<t4' ,~
rJ6iU.J - G. Barth~
1
STATE OF MINNESOTA )
) s.s.
COUNTY OF WRIGHT )
Subscribed and sworn to before me this d 5th-day of September, 2007 by
Donald G. Barthel, Grantor.
~J
. . e't LLO
Notary Pub
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.A?h"~#.f'~YJ..r""'''''~''.''''''''''~ .
I ," BRIDGET MARIE MILLER I
. NOTARY PUBLIC-MINNESOTA
lily COmtlllS$IOII bplles Jan 31. ~08
. .
This Instrument Drafted By:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Ave. East
St. Michael, MN 55376
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APPRAISAL AGREEMENT
September 25,2007
Right of Access Agreement for a Real Estate Appraisal between Mr. Don Barthel and the
City of Albertville.
Don Barthel hereby grants the City or its agents the right to enter my property (PID #
101052??oo10) Outlot A, Barthel Commercial Park Second Addition, Albertville,
Minnesota for the purpose to complete a Real Estate Appraisal.
More specifically, the Barthel Family is in the process of platting the property to facilitate
the installation of Lachman Avenue N.E. The City also has an interest in purchasing a lot
from Mr. Barthel approximately 1.6 acres in size for expansion of the STMA arena
(Figure 1). The purpose of the appraisal is to form the foundation for a negotiated
purchase.
The outcome of this appraisal is not binding in any way on either party, but rather to
serve as a tool to see if a Purchase Agreement can be reached.
THE APPRAISAL
The intent is to appraise approximately 1.6 acres as a separate platted lot in a post street
construction condition with utilities, zoned B2A.
THE APPRAISER
Bill Waytas, Nagelle Appraisal and Consulting will perform the appraisal. Mr. Waytas
recently completed seven other appraisals in the neighborhood to identify the value of
CSAH 19 properties for assessment purposes. The cost of Mr. Waytas's service is
$1,200.
TIME FRAME
The appraisal will be completed within 30 days of contracting with Nagelle Appraisal
and Consulting.
The City warrants that the appraisal will not result in any expense for Mr. Barthel and the
property's condition will not be impacted in any way.
. \~Fvt/JfjM}jjf-~
Dori G. Barthel
Ron Klecker, Mayor
Attest: Bridget Miller, City Clerk
Figure # I