1999-02-05 Petition to Install Street, Sewer & Water Improvementsr
Z2-05-1999 11:47AM FROM Cauri & MacArthur TO 4418604 P.02
CITY OF ALBERTVILLE
WRIGHT COUNTY, MIlVIIIESOTA
PETITION TO INSTALL STREET, SEWER AND WATER IMPROVEMENTS AND
REQUEST TO ASSESS COSTS TO ABUTTING LANDOWNERS
The undersigned landowners (referred to collectively as "Landowners"), all of whom
own property through which the future roads described below will pass, located in the City of
Albertville, County of Wright, State of Minnesota, hereby petition that 57`h Street and
Lambert Avenue N.E. (as shown on the Cascade II Preliminary Plat, dated January 13, 1999),
along with sanitary sewer (where it does not already exist), storm sewer, municipal water
service and curb and ` gutter be constructed through said property, and that all abutting
Landowners be assessed 100% of the cost of the improvements, including construction costs,
cast of easements, engineering fees, bonding fees and expenses, attorney's fees, and other
costs incurred by the City of Albermille relating to the improvements described above.
Further, it is understood by and between the Landowners and the City of Albertville
that the construction improvements will benefit the property. Landowners agree that the
benefit to the property will be greater than the cost of construction of the improvements
described above. Landowners waive the requirement for the preparation of a feasibility study
and the holding of a public hearing pursuant to Minn. Stat. § 429.031 to determine the merits
of said improvements. Landowners hereby represent that they ha re,- cornmissioned an
engineer to estimate the cost of many of these improvements and that Landowners have been
fully informed as to the estimated cost of the improvements.
Further, Landowners hereby waive any objection to being assessed for the cost of the
project against the above described property, provided that the property owned by the City
and abutting the proposed 57 street is assessed a similar proportion (i.e, on a front -foot basis
•* t t t- _1.1_ rs!:7 - •-------- '• L= -t. q�.s '•_,_4 11-_j
for each n, provemen, where applicavie ) of ate cost or file ullpruverneuts wlElJI a-e ursra.i.ruu
abutting said City -awned property. Landowners understand that they will be assessed 100%
of the cost of said project; less the amounts assessed against said City -ow- ed property.
Landowners petition is contingent upon the City assessing Landowners as follows for
the costs related to 57t" street:
• In the event!. that the City constructs 576 street as a 9-ton road, the City will assess
the Landowners for the cost of a 7-ton road, and Landowners will not be assessed
for the difference in cost between a 9-ton and a 7-ton road.
• The City shall not assess the Landowners for the cost of any 'trails or paths installed
by the City along 57* street, but may assess the Landowners for any costs over and
above the basic trail or path cost as a result of upgrades to said trails or paths
requested by Landowners.
• The City shall defer the payments clue on the assessments related to the 57d' street
102-05-1999 11:48HII FROM Couri & MacArthur TO 4418604 P..C13
Y
improvements (but not dhe Lambert .4venut improvements) for a period of two
years after completion of the 57r` street improvements for any assessments abutting
land not currently Ming developed by Landowners. The deferred assessments
shall bear interest at the assessment interest rate during any, such deferral.
Assessments for 57'' street shall be spread over a period of at least five years,
inclusive of the two-year deferral period.
Landowners hereby waive their right of appeal to the District Court herein, pursuant to
Minnesota Statute 429.681.
Further, the spreading of the assessment against the above described property shall be
in the best interest of the City of Albertville. T-,c assessment shall be against the properties
awned by Landowners.
Further., L,andowvners, for value received, guamntce the payment of the assessment due
and payable in each and every year or at any time thereafter, and hereby agree and consent to
all of the stipulations contaiaied Herein.
Dated 1999
OWNER
ADDRESS
2
PROPERTY ID##
Pe -
TOTAL P.03