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Harding Lane 5590CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900 FAX (952) 474-0128 • -,SHOREWOOD, • cityhall0d.shorewood.mmus Dated: August 15, 2024 OFFICIAL RECORDING OF EASEMENT 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 ORIGINAL ' WATER ASSESSMENT. AGREEMENT FOR 5590 HARDING LANE was approved and adopted, by the Shorewood City Council on August 12, 2024. Please have the document recorded and send the certificate of recording and original documentation back to my attention at: Sandie Thone City of Shorewood 5755 -Country Club Road Shorewood, MN 55331 Thank you. Please contact me with any questions. I have enclosed $46 for the recording. tA, TWV----/ Sandie Thone City Clerk 0% r-0 PRINTED ON RECYCLED PAPER ASSESSMENT AGREEMENT THIS AGREEMENT is made this .__ day of , 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 William Coldwell & Margaret Coldwell, 5590 Harding Lane, Shorewood MN 55331 (OWNER). RECITALS WHEREAS, the OWNER is the owner of the real property located at: 5590 Harding Lane, Shorewood, MN, 55331; PID: 33-117-23-22-0033, legally described as follows: Block 1, Lot 4, Harding Acres 2nd Addition. ("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. 225849v1 2. The OWNER understands and requests that the City levy the Water Accpss 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.] 225849v1 OWNER Date: By: 2-1 By: U/' �`t" E` Date: �3L STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) Date: v Date: The foregoing ASSESSMENT AGREEMENT dated z. . 4y, was sworn and subscribed befor mein person this >� day of 2 Ky �" and 41 AL - Notary Public " �y BRENDA K PRICCO STATE OF MINNESOTA )I'A'•� Notary Public ` !-,�y Minnesota SS: My My Commission Expires Jan 31, 2025 COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated �-� t7_ l,-do 2qj was sworn and subscribed before me in person this A day of 2q. Jennifer Labadie, Mayor, and by Sandie Thone, City Clerk of the City of Shorewo d (a Minnesota Municipal Corporation), who are personally known to me, on behalf of the Corporation and pursuant to the uthority of the City Council. '�"•""'••'� BRENDA K DExpires Notary Potar Public «4" X1 MinnesY ��"'.:;� My CommissiJan 31, 225949v1 CITY OF SHOREWOOD RESOLUTION NO.24-065 A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT WHEREAS, William Coldwell ("Owner") has requested that the Shorewood City Council specially assess water access charges that affect Owners' property at 5590 Harding Lane, Shorewood, Minnesota (PID 33-117-23-22-0033) 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. 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. Adopted by the City Council of the City of Shorewood this 12th day of August 2024. WoLabadie ATTEST Sandie Thone, City derk Exhibit A Legal Description Lot 4, Block 1 of Harding Acres 2"d Addition Exhibit B Assessment Agreement]