23-101 Approving and Adopting a Special Assessment 26370 Peach Circle RECORDEDExisting Certs
1377184
RECEIVfD
NOV '1' LAND TYPE Torrens (T)
DOC NUM 6046219
CITY OF SHOREWOOD Certified, filed and/or recorded on
Nov 9, 2023 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 136 Pkg ID 2621594M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent. park of the recorded document.
Dated: November 6, 2023
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 23-101: A
RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT was approved
by the Shorewood City Council on October 10, 2023. The attached Resolution 23-101 and copy
of the original executed assessment are true and correct copies adopted by the Council of the
City of Shorewood and is so recorded in the minutes of a meeting held on the 1 Oth of October
2023.
Sandie Thone
City Clerk
DRAFTED BY:
SHOREWOOD CITY CLERK'S
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT
WHEREAS, Dirk Koenig and Heather McMullen, ("Owner") has requested that the Shorewood
City Council specially assess water access charges that affect Owners' property at 26370 Peach
Circle, Shorewood, Minnesota (PID 32-117-23-42-0021) and legally described in Exhibit A
attached hereto ("Subject Property"); and
WHEREAS, the City has received the following signed Assessment Agreement, Exhibit B
attached hereto, waiving all applicable assessment procedural requirements and requesting to
be assessed for the water access charge in the amount itemized therein for the Subject
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD:
1. The signed Assessment Agreement is hereby accepted and approved.
2. The water access charge amounting to $10,000.00 is hereby adopted and shall
constitute a special assessment against the Subject Property and hereby made part of
this Resolution by reference and that the tract of land therein included is hereby found
to be benefited by the charge and connection to municipal water in the amount of
the assessment levied against it.
3. Such assessment shall be payable in equal annual installments without deferment
extending over a period of five (5) years, the first of the installments to be payable
with taxes paid in 2024 and shall bear the interest rate of 5.0% per annum.
4. The Owners, at any time prior to certification of the assessment to the County Auditor,
may pay the whole of the assessment on such property, with interest accrued to the
date of payment, to the City, except that no interest shall be charged if the entire
assessment is paid within thirty (30) days from the adoption of this Resolution; and
such owner may at any time thereafter, pay the City the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the next succeeding year. The
Owners may also at any time prior to November 15, of any year, pay the remaining
unpaid principal balance with interest accrued to December 31 of the year in which
such prepayment is made.
2258510
5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the County.
Adopted by the City Council of the City of Shorewood this loth day of October, 2023.
Ma ,Wr&'ennF-erLabadie
ATTEST
I�Ad �(Ow
Sandie Thone, City Clerk
225851vI
Legal Description
Lot 2, Block 1, Strawberry Fields 2nd Addition, Hennepin County, Minnesota
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[Assessment Agreement]
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ASSESSMENT AGREEMENT
THIS AGREEMENT is made this 10th day of October, 2023, by and between the City of Shorewood
(SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at
5755 Country Club Road, Shorewood, MN 55331 and Dirk Koenig and Heather McMullen (OWNER).
RECITALS
WHEREAS, the OWNER is the owner of the real property located at: 26370 Peach Circle, Shorewood,
MN, 55331; PID: 32-117-23-42-0021, legally described as follows:
("SUBJECT PROPERTY")
Lot 2, Block 1, Strawberry Fields 2nd Addition, Hennepin County, Minnesota
WHEREAS, the OWNER desires to connect to the municipal water supply; and,
WHEREAS, the present Water Access Charge is $10,000; and
WHEREAS, the OWNER requests that the full amount of the Water Access charge be assessed against
the SUBJECT PROPERTY pursuant to Minn. Stat. Ch. 429.
AGREEMENT
NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the
CITY and the OWNER as follows:
The OWNER represents and warrants that he is the OWNER of the SUBJECT PROPERTY and that
he has full legal authority to encumber the SUBJECT PROPERTY and that as of the date of the
execution of this agreement, the OWNER has fee title to the SUBJECT PROPERTY subject only to
the liens, interests or encumbrances of record.
2258490
2. The OWNER understands and requests that the City levy the Water Access Charge assessed
against the PROPERTY in the amount of $10,000.00 ("Assessment").
3. The OWNER understands and agrees that SHOREWOOD will provide that the Assessment is
payable in five (5) annual installments without deferment and will bear an interest rate of five
(5.0) percent per annum. The Assessment shall be deemed adopted on the date this Agreement
has been signed by all parties. The installments shall begin with taxes paid in 2024 and collected
with the ad valorem taxes at the times due as determined by Hennepin County.
4. The OWNER agrees that the covenants, waivers and agreements contained in this Agreement
shall bind the successors and assigns of the OWNER and shall encumber the PROPERTY in
accordance with the agreements described herein.
5. The OWNER its successors and assigns, waives any and all procedural and substantive objections to
the Assessment including but not limited to public hearing requirements and any claim that the
assessment exceeds the benefit to the Subject Property. Property Owner waives any appeal rights
otherwise available pursuant to Minn. Stat. § 429.081.
6. The OWNER, its successors and assigns, hereby unconditionally releases and forever discharges the
City, its elected officials, employees, agents and insurers from any and all claims and causes of
action of whatever kind or nature that is in any way connected with the Assessment.
This Agreement shall be binding upon Property Owner and its successors and assigns. This
Agreement shall run with the land and may be recorded against the title to the Subject Property.
[Remainder of page is intentionally left blank.
Signature pages follow.)
2258490
OWNER
aiL�-
By: _
CITY OFSHORE\NOOD
STATE OFM|NNESOTA >
) SS:
COUNTY OFHENNEP|N )
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Date: | ` /
Date:
Date:
Date:
The foregoing ASSESSMENT AGREEMENT dated was sworn and
subscribed before meinperson this qA-V,'
day of 2V�bv
and .
NOTARY PUBLIC
MINNESOTA Notary Public
[:M:yCo" I
STATE OFN1|NNE3OTA )
) SS:
COUNTY OFHENNEP|N )
The foregoing ASSESSMENT was sworn and
subscribed before meinperson this Q�—<1ayof Jennifer Labadie,Mayor,
and by Sandie Thone, City Clerk of the City of Shorewood (a Minnesota Municipal Corporation), who are
personally known to me, on behalf of the Corporation and pursuant to the authority of the City Council.
NELIA P CRISWELL �\J-Ql'o— "'k
OTARY PUBLIC Notary Public
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MINNESOTA
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