2008-06-24 Reallocation Agreement Special AssmtCITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
AGREEMENT TO REALLOCATE
SPECIAL ASSESSMENTS
AND REAL ESTATE TAXES
WHEREAS, the Albertville City Council ("City") has previously specially assessed
$122,073.76 and $158,054.85 to Outlot A, Barthel Commercial Park 2r,d Addition for the
improvement of Lachman Avenue in anticipation that Outlot A would be subdivided in the near
future; and
WHEREAS, the City has approved the plat of Barthel Commercial Park 3rd Addition,
which will xeplat said Outlot A into Lot 1, Block 1 and Outlot A, Barthel Commercial Park 3rd
Addition; and
WHEREAS, the existing special assessments against Outlot A of Barthel Commercial Park
2nd Addition need to be reallocated among Lot 1, Block 1 and Outlot A of Barthel Commercial Park
3rd Addition;
WHEREAS, Outlot A of Barthel Commercial Park 2r,d Addition is owned by Donald
Barthel ("Barthel")
NOW, THEREFORE, Barthel and the City agree as follows:
1. Upon the filing of the plat of Barthel Commercial Park 3rd Addition at the Wright County
Recorder's Office, the existing outstanding special assessments of $280,128.61 levied
against Outlot A, Barthel Commercial Park 2nd Addition shall be reallocated in the
following manner:
a. $113,935.50 to Outlot A Barthel Commercial Park 3rd Addition as an assessment
whose payment shall be deferred until the property is platted into a numbered lot
and block; Interest shall accrue on said special assessment during the deferment
period;
b. $158,054.85 to Lot 1, Block 1, Barthel Commercial Park 3rd Addition as an active
assessment that will be paid at closing with Barthel's proceeds of the sale of said
Lot 1, Block L
2. Barthel agrees to waive any right to appeal the reallocation of the special assessments in
the amount of $280,128.61 among the properties and in the manner set out in paragraph 1
above. Specifically, Barthel waives any right to appeal said .special assessments under
Minn. Stat. § 429.081, on constitutional grounds, or on any other grounds which-may be
Mayor and Council Communication -June 10, 2008
Legal -Barthel Special Assessment Reallocation Agreement
Page 2 of 2
available. Barthel waives any irregularities in said procedure, including any irregularities
in notice or publication, and specifically waives the requirement of a public hearing prior
to the reallocation of said special assessments in accordance with paragraph 1 above.
3. Barthel agrees that taxes due on Outlot A, Barthel Commercial Park 2nd Addition for
2008 shall be allocated between Lot 1, Block 1, and Outlot A, Barthel Commercial Park
3rd Addition in the following manner:
a. 45.86% ($4,427.31) to Outlot A, Barthel Commercial Park 3rd Addition;
b. 54.14% ($5,226.67) to Lot 1, Block 1, Barthel Commercial Park.
Real estate taxes shall be prorated between Barthel and the City/School District to the
date of closing on Lot 1, Block 1. Barthel shall be responsible for payment of real estate
taxes on Outlot A of Barthel's Commercial Park 3rd Addition.
Dated: June ~l~~ , 2008
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Donald Barthel
CITY OF ALBERTVILLE
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Ron Klecker, Mayor
Bridget Mille Jerk
M:\Public Data\City Council\Council Packet information\2008\06-16-08\06 16 2008 8-J-1 (Legal) Barthel special assessment reallocation
agreement (revised).doc p i 1
Agenda Item No. 0..1..1..
Meeting Date June 16, 2008