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HomeMy WebLinkAboutResolution - 2015-09 - Bluestem Lane Reassessment - 01/06/2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015-09 WHEREAS, the City Council adopted Resolution 2014-112 on November 18, 2014 levying special assessments on 11157 Bluestein Lane, Eden Prairie, Minnesota for the project identified as Bluestem Lane Slope Stabilization, I.C. 11-5803; and WHEREAS, the property owners (`Owners") served a Notice of Appeal upon the City and filed the same with the Hennepin County District Court contesting the assessment; and WHEREAS, the Owners and the City negotiated a Settlement Agreement Regarding Special Assessment (the "Agreement") for the reassessment of special assessments adopted by Resolution 2014 -112; and WHEREAS, the City Council has met and heard and passed upon all objections to the proposed reassessment for the following improvements identified on Exhibit A attached hereto and make a part hereof. NOW,THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie: 1. Such proposed reassessment is hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and the Property is hereby found to be benefited by the improvement in the amount of the assessment levied against it. Resolution No 2014-112 adopting special assessments is hereby repealed by this adoption of this Resolution. 2. Such reassessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2014 until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this reassessment to the county Auditor to be extended on the property tax lists of the County, and such reassessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2015. 4. The owner of any property so reassessed may, at any time prior to certification of the reassessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire reassessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the reassessment 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. 5. The Settlement Agreement Regarding Special Assessment is hereby approved and the Mayor and City Manager are authorized to execute the Agreement. ADOPTED by the Eden Prairie City Council on the 6`' day of.lanuary, 2015. ncy Ty. -Lu ay ATTEST: SEAL Ka ileen Porta, City Clerk EXHIBIT A I.C. 11-5803 Bluestem Lane Slope Stabilization Project Cost: $225,449.12 City Share: $28,449.12 Net Assessment: $197,000.00 Parcel PID# Property Owner Years/`%, Amount 26-116-22-44-0030 Gallagher 30 Years at 0.50% $197,000.00