24-047 Approving and Adopting a Special Assessment 25695 Birch Bluff Road *sent for recording 6.25.2411'&Q W1 so[�l:i 51� iL�Z�717
RESOLUTION NO.24-047
A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT
WHEREAS, David J Ausen and Amy I. Ausen ("Owner") has requested that the Shorewood
City Council specially assess water access charges that affect Owners' property at 25695 Birch
Bluff Road, Shorewood, Minnesota (PID 29-117-23-44-0020) 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 2025 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.
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.
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Adopted by the City Council of the City of Shorewood this 24`" day of June, 2024.
N4`ayAJenr4er Labadie
ATTEST
i - IW_
Sandie Thone, City Clerk
azsssivi
Exhibit A
Legal Description
Lots 9, 10, 17 and 18, Block 3, Mann's Addition to Birch Bluff, Lake Minnetonka, Hennepin
County, Minnesota
2258510
Exhibit B
[Assessment Agreement]
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ASSESSMENT AGREEMENT
THIS AGREEMENT is made this 24th day of June 2024 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 David J. Ausen and Amy 1. Ausen, spouses married
to each other (OWNER).
RECITALS
WHEREAS, the OWNER is the owner of the real property located at: 25695 Birch Bluff Road, Shorewood,
MN, 55331; PID: 29-117-23-44-0020, legally described as follows:
Lots 9, 10, 17 and 18, Block 3, Mann's Addition to Birch Bluff, Lake Minnetonka, Hennepin County,
Minnesota
("SUBJECT PROPERTY")
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:
1. 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 2025 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.
7. 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.]
225849v1
OWNER
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STATE OFyN|NNESOTA )
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COUNTY OFHENNEP|N >
The foregoing ASSESSMENT
subscribed before me in person this day of "i�kki
MY COMMISSION EXPIRES 01/31127
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Notary Public
OVVN7By: Date:
STATE OFM|NNESDTA )
\ SS:
COUNTY OFHENNEP|N \
�����ir��� andsubscribed before me in person this day of 20'ILAbv
O'� =NOTARWY VPUBUC - M NNESOTA
M My COMMISSION PI S01131
Notary Public
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Date: 02417-o-lf
Date:
STATE OF MINNESOTA )
SS:
COUNTY OF HENNEPIN )
The foregoing ASSESSMENT AGREEMENT dated _ was sworn and
subscribed before me in person this day of 2 y 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 of the City Council.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
JDS
225849vl
otary Public
BRENDA K PRICCO
Notary Public
Minneso
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My Commissiont Expires
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Jan 31, 2025