2005-05-03 Agmt for Waiver - Special Assmt
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"Also licensed in Illinois
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
David R. Wendorf
Kristen H. Carr
Alison K. Marwitz
Michael C. CouTi"
Andrew J. MacArthur
Robert T. Ruppe""
""Also licensed in California
May 3, 2005
Lany Kruse
City of Albertville
PO Box 9
5975 Main Avenue
Albertville, MN 55301
Re: City of Albertville - Prairie Run Improvement Project
Dear Lany:
Enclosed for the City's files, please fmd the original recorded following documents in the
above-referenced matter:
1. Agreement for Waiver of Objection to Special Assessment Associated with
the 2004 Prairie Run Improvement Plans between Gold Key Development,
Inc. and the City of Albertville; and
2. Agreement for Waiver of Objection to Special Assessment Associated with
the 2004 Prairie Run Improvement Plans between Robert C. and Christine
A. Heuring and the City of Albertville.
If you have any questions, please do not hesitate to call.
Sincerely,
k~ ~lrli
Kathleen Bost
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
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Doc. No. A 955136
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
04-18-2005 at 02:18
Check #: 6776 Fee: $20.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
AGREEMENT FOR WAIVER OF OBJECTION TO
SPECIAL ASSESSMENT' ASSOCIATED WITH
THE 2004 PRAIRIE RUN IMPROVEMENT PLANS
WHEREAS, the Albertville City Council has received a petition from abutting
landowners requesting that the City construct street, curb, gutter, municipal water, storm
water, sanitary sewer, sidewalk and grading improvements in that development that has
received preliminary plat approval as Prairie Run within the City of Albertville;
WHEREAS, the above referenced improvement project is known as the "2004
Prairie Run Improvements";
WHEREAS, the petitioners have requested that any and all fees and costs required
for construction of said petitioned for improvements be adopted by the City as a special
assessment against the benefited properties.
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!i g & S WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run
fd ~ ~ ~ Improvements is estimated to be $1,360,674;
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WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter,
municipal water, storm water, sanitary sewer, sidewalk and grading 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, Gold Key Development, Inc., a Minnesota corporation,~
.-( collectively "Property Owners") all have an ownership
interest in property shown as Lots 1-15, Block 1, Lots 1-38, Block 2 and Outlot A of the
Prairie Run preliminary plat as shown on the Exhibit A (collectively, "Property"); and
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..
NOW, THEREFORE, the City of Albertville and Property Owners agree as
follows:
1. In the event the City shall construct the petitioned for improvements pursuant to the
plans and specifications prepared by the City Engineer for the 2004 Prairie Run
Improvements, the City may adopt a special assessment against the benefiting
properties for the costs associated with such improvements.
2. Property Owners hereby knowingly and voluntarily waive any objection to said
assessment levied against the Property in an amount up to $1,360,674, the estimated
cost of construction. Specifically, Property Owners acknowledge that the 2004
Prairie Run improvements will specially benefit the Property in an amount at least
equal to $1,360,674 and hereby waive any right to appeal or challenge an assessment
in the amount of $1,360,674 pursuant to Minn. Stat. ~429.081, or any other statutory,
common law, or Constitutional provision. The City shall not specially assess an
amount more than the actual cost of the project (including administrative fees).
3. In the event that the special assessments levied against the Property exceed
$1,360,674, Property Owners shall have the right to appeal from the difference
between $1,360,674 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: A 05 u S-t- 5
, 2004
CITY OF ALBERTVILLE
PROPERTY OWNERS
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Donald Peterson
Mayor
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Gold Key Development, Inc.
By: Dean R. Johnson
Its: ~re~iden1: 5~<-..c.~ 'j
0J~]1Y\ '(Y\~t~L~
Bridget . ler
City Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 5 day of
A (ft (,".. t.; ~. '\ , 2004, by Don Peterson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
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. Notary PublIc
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
DAVID WENDORF
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2005
The foregoing instrument was acknowledged before me this ~ day of
AVI t:--"\ 11 ,2004, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council. .,__ ..
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Notary Public
STATE OF MINNESOTA)
) S.s.
COUNTY OF WRIGHT )
DAVID WENDORF
NOTARY PUBLlC-MINNESCTA
My Commission Expires Jail 31,2005
.",C.,,:::;;::
STATE OF MINNESOTA)
) S.s.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this I b -\;\- day of
2004, by Dean R. Johnson as President of DC8.R R.leoosoR COl\strn~tiOR.
'5"<..<:...,-,-\o-y 6o\..~ ~~~~c:.,.,.....\~~, ~ .
a'o~TURE OF NOTARY
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i JOHN H. BRENNAN I
NOTARY PUBLIc.MINNESOTA
MY COMMISSION EXPIRES 1~1-200s
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Doc. No. A 955137
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
04-18-2005 at 02:18
Check #: 6776 Fee: $20.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
AGREEMENT FOR WAIVER OF OBJECTION TO
SPECIAL ASSESSMENT ASSOCIATED WITH
THE 2004 PRAIRIE RUN IMPROVEMENT PLANS
WHEREAS, the Albertville City Council has received a petition from abutting
landowners requesting that the City construct street, curb, gutter, municipal water, storm
water, sanitary sewer, sidewalk and grading improvements in that development that has
received preliminary plat approval as Prairie Run within the City of Albertville;
WHEREAS, the above referenced improvement project is known as the "2004
Prairie Run Improvements";
WHEREAS, the petitioners have requested that any and all fees and costs required
for construction of said petitioned for improvements be adopted by the City as a special
assessment against the benefited properties.
WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter,
municipal water, storm water, sanitary sewer, sidewalk and grading 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, Robert C. Heuring and Christine A. Heuring (collectively "Property
Owners") all have an ownership interest in property shown as Lot 16, Block 1, Outlot Band
1
,
"
Outlot C of the Prairie Run preliminary plat as shown on the Exhibit A (collectively,
"Property"); and
WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run
Improvements is estimated to be $436,028;
NOW, THEREFORE, the City of Albertville and Property Owners agree as
follows:
1. In the event the City shall construct the petitioned for improvements pursuant to the
plans and specifications prepared by the City Engineer for the 2004 Prairie Run
Improvements, the City may adopt a special assessment against the benefiting
properties for the costs associated with such improvements.
2. Property Owners hereby knowingly and voluntarily waive any objection to said
assessment levied against the Property in an amount up to $436,028, the estimated
cost of construction. Specifically, Property Owners acknowledge that the 2004
Prairie Run improvements will specially benefit the Property in an amount at least
equal to $436,028 and hereby waive any right to appeal or challenge an assessment
in the amount of $436,028 pursuant to Minn. Stat. ~429.081, or any other statutory,
common law, or Constitutional provision.. The City shall not specially assess an
amount more than the actual cost of the project (including administrative fees).
3. In the event that the special assessments levied against the Property exceed
$436,028, Property Owners shall have the right to appeal from the difference
between $436,028 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: /}u;U7f b
,2004
CITY OF ALBERTVILLE
PROPERTY OWNERS
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Donald Peterson
Mayor
;Z1d U~
Robert C. Heuring
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Bridget MIler
City Clerk
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cnnstme A. Heunng ',r'~--~~" .
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this S- day of
A tI1 (;-IA 5 -( ,2004, by Don Peterson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
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Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~oregOing instrument was acknowledged before me this /74 day of
, 2004, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
MICHAEL e. eOURI
NOTARY PUBLIC" MINNESOTA
My Comm. Exp. Jan. 31, 2005
7Vl{L
Notary Public
STATE OF MINNESOTA)
) S.s.
COUNTY OF HENNEPIN )
!JoJ!i(J. ,'2' ThJ' foregoing instrument was acknowledged before me this a day of
'~ . 2004, by Robert C. Heuring and Christine A. Heuring.
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WENDY B. ETHEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires j.31.20()5