2005-04-20 Recorded Agmt for Waiver of Objec Improv Plans
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Doc. No. A 955573
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
04-20-2005 at 12:31
Check #: 6783 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 benetIt 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, Finken Water, Inc. ("Property Owner") is the owner of the property as
legally described on attached Exhibit A ("Property):
WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run
Improvements is estimated to be $207,511;
NOW, THEREFORE, the City of Albertville and Property Owner agree as follows:
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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 Owner hereby knowingly and voluntarily waives any objection to said
assessment levied against the Property in an amount up to $207,511, 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 $207,511 and hereby waive any right to appeal or challenge an assessment
in the amount of$207,511 pursuant to Minn. Stat. S429.081, or any other statutory,
cornmon law, or Constitutional provision.
3. In the event that the special assessments levied against the Property exceed
$207,511, Property Owner shall have the right to appeal from the difference between
$207,511 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:
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, 2004
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Donald Peterson
Mayor
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CITY OF ALBERTVILLE
Fi
B . Thomas Finken
Its: President
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Bridget Mil r
City Clerk
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me thise;;: day of
fj lit t.. LA (;7 , 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 )
The foregoing instrument was acknowledged before me this s;- day of
A t1C~l.1>1 ,2004, 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.
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Notary Public
STATE OF MINNESOTA)
) S.s.
COUNTY OF WRIGHT )
/). The foregoing instrument was acknowledged before me this 3 i2P day of
~tl>fAd- 2004, by Thomas Finken as Pr . nt ofFi~en Water, Inc.
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CYNTHIA SUE GANS OF NOTARY
Notary Public
Minnesota
My Commtssion &pII8S JaIl. 31. mT
DAVID WENDORF
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31. 2005
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This instrument was drafted by: RETU AN TO:
Couri, MacArthur & Ruppe, P .L.L.P.
705 Central Ave. East
P.O. Box 369
81. Michael, MN 55376
(763) 497-1930
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EXHIBIT A
That part of the East 245.00 feet of the South Half of the Southeast Quarter of Section 2,
Township 120, Range 24, Wright County, Minnesota, as measured at a right angle to the
East line thereof, which lies North of Truck Station Two, according to the plat on file and
of record in the office of the County Recorder, in and for the County of Wright, State of
Minnesota.
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