HomeMy WebLinkAboutResolution - 2018-148 - Cedarcrest Stables Special Assessment - 12/04/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2018-148
REVOKING SPECIAL ASSESSMENT CEDARCREST STABLES
WHEREAS, in connection with the approval of the zoning for Cedarcrest Stables the
owner consented to and agreed to be bound by that certain Development Agreement between
The Pemtom Land Company and the City of Eden Prairie, date April 17, 2017, recorded with the
Hennepin County Records on April 2, 2017 as Document No. A10434133; and
WHEREAS, the Development Agreement required that execution of a Special
Assessment Agreement in the amount of$85,926.05; and
WHEREAS, on October 17, 2017 the City Council adopted Resolution No. 2017-108
levying special assessments against the property legally described on Exhibit A hereto, also
identified as PID No. 20-116-22-34-0023 (the Property) in the principal amount of$85,926.05
for trunk sewer and water; and
WHEREAS, the Special Assessment was levied prior to the time for the submission of
the Special Assessment Agreement, and therefore a Special Assessment Agreement was not
executed or required; and
WHEREAS, no request has been made for the release of the final plat of Cedarcrest
Stables, and therefore the plat has not been released or recorded; and
WHEREAS, the property owner has requested the levied assessments be revoked since
the development did not proceed; and
WHEREAS, the property owner has provided a 100%petition, waiver and consent form
waiving notice and her rights to a public hearing on the revocation.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, MINNESOTA:
1. The special assessment adopted in Resolution No. 2017-108 with respect to Property,
PID No. 20-116-22-34-0023, Levy No. 19794A, in the amount of$85,926.05 plus
interest at 4.55% is hereby revoked. Penalties payable to the County are not within the
power of the City to revoke.
2. Prior to the release of the final plat of Cedarcrest Stables, a special assessment agreement
must be executed for trunk sewer and water assessments as provided in the Development
Agreement for Cedarcrest Stables (Document No. A104341133) or if said plat is never
filed and a new plat for the Property is approved, as provided in an amendment to the
Development Agreement or in a subsequent development agreement(s).
3. The City Clerk shall forthwith transmit a certified duplicate of this Resolution to the
County to remove the assessment from the property tax lists of the County.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of December, 2018.
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EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION
That part of the Southwest Quarter of Section 20, Township 116 North, Range 22 West of the
Fifth Principal Meridian, and that part of the Northwest Quarter of Section 29, Township 116,
Range 22, lying within the following described boundaries:
Beginning at the Southeast corner of said Southwest Quarter; thence Northerly along the East
line of said Southwest Quarter a distance of 1406 feet; thence deflecting 102 degrees 27 minutes
54 seconds to the left and running Southwesterly a distance of 307.24 feet; thence Southerly
parallel with said East line of the Southwest Quarter and its Southerly extension for a distance
of 1488.19 feet, more or less, to an intersection with a line drawn parallel with and distant 15
feet Northerly of, as measured at right angles to, the following described Line A; thence
Easterly along said 15 foot parallel line to its intersection with the East line of said Northwest
Quarter; thence Northerly along said East line of the Northwest Quarter to the point of
beginning.
Line A: Beginning at the point of intersection of the centerline of Cedarcrest Drive with a line
drawn from the most Easterly corner of Lot 6, Block 5, Cedar Forest First Addition to the most
Northerly corner of Lot 1, Block 4, said Cedar Forest First Addition, said line having an assumed
bearing of South 14 degrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59
seconds East, a distance of 137.36 feet; thence along a tangential circular curve to the right
havingg a radius of 460.02 feet, delta angle 31 degrees 33 minutes 37 seconds, for a distance of
253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a
distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of
162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North
84 degrees 02 minutes 02 seconds East on tangent to said curve to its intersection with the East
line of said Northwest Quarter and there terminating.
Hennepin County, Minnesota
Abstract Property