24-055 Approving and Adopting a Special Assessment 6090 Apple RoadCITY OF SHOREWOOD
RESOLUTION NO.24-055
A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT
WHEREAS, Troy Antony Neidermire ("Owner") has requested that the Shorewood City
Council specially assess water access charges that affect Owners' property at 6090 Apple Road,
Shorewood, Minnesota (PID 35-117-23-34-0004) 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:
I. The signed Assessment Agreement is hereby accepted and approved.
2. The present Water Access Charge is $10,000. Because the owner must extend the
service line to access municipal water at a cost of $4700 and City Code 903.04, Subd.
3.d. states the property owner shall pay for the improvement or the water connection charge,
whichever is greater, the OWNER requests that the balance amount of the Water Access
Charge of $5300 be assessed against the SUBJECT PROPERTY pursuant to Minn.
Stat. Ch. 429.
3. The water access charge amounting to $5300.00 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.
4. 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.
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.
6. 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 8th day of July, 2024.
May Jennif r Labadie
ATTEST
4- bu-
Sandie Thone, City Clerk
Exhibit A
Legal Description
That part of Lot 125, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County,
Minnesota, described as follows: Commencing at the Southeast corner thereof; thence Northeasterly
along the Southeasterly line thereof a distance of 54.48 feet to the point of beginning; thence West and
parallel to the South line thereof a distance of 223.32 feet; thence North at a right angle a distance of 150
feet; thence East and parallel to the South line thereof to the Southeasterly line thereof; thence
Southwesterly along the Southeasterly line thereof to the point of beginning, Hennepin County,
Minnesota.
Exhibit B
[Assessment Agreement]
ASSESSMENT AGREEMENT
THIS AGREEMENT is made this 8th day of July 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 Troy Antony Neidermire (OWNER).
RECITALS
WHEREAS, the OWNER is the owner of the real property located at: 690 Apple Road, Shorewood, MN,
55331; PID: 35-117-23-34-0004, legally described as follows:
("SUBJECT PROPERTY")
That part of Lot 125, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County,
Minnesota, described as follows: Commencing at the Southeast corner thereof; thence Northeasterly
along the Southeasterly line thereof a distance of 54.48 feet to the point of beginning; thence West and
parallel to the South line thereof a distance of 223.32 feet; thence North at a right angle a distance of 150
feet; thence East and parallel to the South line thereof to the Southeasterly line thereof; thence
Southwesterly along the Southeasterly line thereof to the point of beginning, 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 must extend the service line to access municipal water at a cost of $4700; and
WHEREAS, City Code 903.04, Subd. 3.d. states the property owner shall pay for the improvement or the
water connection charge, whichever is greater; and
WHEREAS, the OWNER requests that the balance amount of the Water Access Charge of $5300 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.
2. The OWNER understands and requests that the City levy the Water Access Charge assessed
against the PROPERTY in the amount of $5300.00 ("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.
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.]
OWNER!`
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By:
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing ASSESSMENT AGREEMENT dated was sworn and
subscribed before me in person this day of LAA& 204 by
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Notary Public
Ow
NIELIA P CRISWF. INotary PubUoSTATE OF MINNESOTA } MinnesotaSS: E>t Jan 81, 2029
COUNTY OF HENNEPIN )
The foregoing ASSESSMENT AGREEMEN dated 9 d was sworn and
subscribed before me in person this day of 20ty Jennifer Labadie, Mayor,
and by Sandie Thone, City Clerk of the City of Shorewood (a innesota Muipal Corporation), who are
personally known to me, on behalf of the Corporation and pursua to he authority of the City Council.
Notary Public
ttBRENDA K PRICCO
A"! +""w� k Notary Public
Minnesota
My commission Expires
�� Jan 31, 2025