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CR 92-206 Assessment Roll - Purchase Mark Z Jones '\ (' ": \ "{ y 0 '~6tober 13, 1992 - o P \" K council Report 92-206 ASSESSMENT ROLL - PURCHASE OF MARK Z. JONES PROPERTY proposed Action. Staff recommends adoption of the following motion: Move to approve Resolution No. 92-89 adoptinq an assessment roll for the acquisition of the Mark Z. Jones property and direct staff to continue to work wi ththe Minnehaha Oaks Association on details pertaining to a loan arranqement with the.Association. Approval of this motion will provide sufficient direction to staff to work out details relating to a direct loan to the Association in lieu of a direct assessment to four property owners as originally agreed upon in a Special Assessment Agreement between the city of Hopkins and the property owners. Overview. Last March the City council approved the acquisition of the Mark Z. Jones property with the understanding that property owners would agree to be assessed for the full cost of the acquisition. Thus far, four property owners have signed a special Assessment. Agreement. This results in the four homeowners being responsible ona pro rata basis for $175,000' of the acquisition price which remains outstanding. 411euring the course of the last several months discussions have taken place between city staff and the Association on the concept of providing a direct loan to the' Association in the amount of $175,000 with the understanding that the four homeowners would be assessed directly in the event the Association did not make its annual payment. From these discussions, City staff and the Association have sketched out conceptual ideas as to how the loan mechanism may work. As a result, staff has recommended that as a part of approving the assessment roll, the Council direct staff to continue to work with the Association on the loan concept. If it was determined in November that the loan mechanism was not appropriate, the city could carry through with the direct assessment to the four homeowners. Conversely, if it was determined by the Council that the loan approach was acceptable, the Council could cancel the assessment and implement a direct loan to the Association. Primary Issues to Consider. o What is the amount of assessment to each property owner and related terms? o What are the details pertaining to the proposed loan arrangement? o What are some of the consequences of each method direct assessment to homeowner versus direct loan to Association? o What would be the process for implementing the loan arrangement? . ,- Documents Analysis of issues Alternatives Resolution No 92-89 Director " CR92-206 Page 2 -. primary Issues to consider. o What is the proposed assessment to each property owner and the related terms? · Based upon the special assessment agreement entered into between the four property owners and the City of Hopkins, each property owner would be assessed a pro rata share of the remaining principal balance of $175,000, or $43,750 per property. This assessment would be spread over 15 years at 8% interest. o What are the detailspertaininq to the proposed loan arrangement? Al though staff is not yet in a position of recommending to the city Council undertaking the loan arrangement, staff does feel that the concept has sufficient merit to investigate it further. The basic principles of the loan proposal are as follows: o $175,000 loan from the city of Hopkins to the Minnehaha Oaks Association. . o Terms - 8% per annum for 15 years (declining interest - similar to a home mortgage). Ini tial commencement of the loan to be determined - perhaps November 1, 1992. First payment date yet to be determined - perhaps September 1,1993. o 15 equal payments of approximately $20,500 per year to the city, al though the first year payment may be adjusted (assumes no prepayments). Total principal and interest paid after the entire term - approximately $306,000. o prepayments would be allowed - perhaps some minimum amount would be established. o Security provisions in the event of non-payment by the Association, the City would assess the four homeowners, or any members that agree to be assessed, for a pro rata share of the yearly payment which was not paid. Each property owner would also be liable for a pro rata share of the entire principal and interest amount of the loan, which equals approximately $76,000 to $77,000 per property owner. This liability would decline yearly as payments were made by the Association or through the assessments to the homeowners. o Contributions by assessed property owners to the Association for the Association's yearly payment to the City would be credited against the assessed homeowner's share of the principal and interest amount for the entire loan period. The Association would need to identify for the City which assessed member provided the contribution. . . .0' . CR92-206 Page 3 o Necessary agreements - it would appear two separate agreements would need to be entered into. These agreements would be as follows: Loan agreement between the specifics of this document aforementioned provisions. City would and Association. basically contain The the - Assessment agreement between the property owners. The contents of include: city this andindi vidual document would * Make reference to the aforementioned agreement. * Property owners would consent to annual assessment in the event of default by Association. * Property owners would waive all rights to appeal assessment, etc. * Document would be recorded against properties involved. What are some of the consequences of each method - direct assessment versus direct loan? Direct Assessrnent.to Property Owners ~ Does not allow assessed homeowners to make partial payments. It is likely that an existing homeowner would be required by a new buyer to payoff the entire assessment at time of sale of property. Creates difficulties in terms of how the Association allocate donations or grants it might receive to the homeowners to assist them in paying for their assessment. would four Direct Loan to the Association Allows the Association to make prepayments on the loan. Allows the four homeowners to make donations to the Association for the Association's annual payment. It is still likely that if a homeowner desired to sell his home, the homeowner would need to payoff the entire assessment amount that the property may be liable for. Resolve questions regarding how the Association provides funds to the homeowners. . . . CR92-206 Page 4 By and large, the benefits of utilizing the loan arrangement instead of the direct special assessment are primarily in favor of the Association and homeowner. The City is basically providing an alternate method to allow for the $175,000 to be repaid in perhaps a more efficient and useful manner and at the same time provide the City with the necessary security provisions. The loan method will require additional bookkeeping on the city's part regarding prepayments which might be made, etc. However, this should not be overly burdensome. o What would be the process for implementing the loan arrangement? staff has recommended that the City council adopt the assessment roll. By law a 30 day periOd must pass before the assessment roll is sent to the County to allow for the property owners to payoff the assessment. This means that within the next 30 days the City will need to determine whether or not it wishes to implement the loan arrangement. If, for whatever reason, the loan arrangement does not appear viable, the special assessment will be certified to the County after the 30 day period. If, however, the loan arrangement does appear viable the City Council would be asked to approve execution of the two agreements. The City Council would also be asked to cancel the special assessment. The last date on which the city Council would need to make the determination as to whether the loan arrangement would or would not work is November 17, 1992. As a result, if the Council should adopt staff's recommendation, staff will return either at the next City Council meeting or November 17 with a final recommendation regarding this matter. Alternatives o continue matter for further information. If the Council desires to reserve its right of direct special assessment, the Council would need to at least adopt the assessment roll in order to allow for a 30 day prepayment period on the part of the homeowners which will in turn allow the city to submit the assessment roll to the County by the deadline of November 30. . . e CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 92-89 RESOLUTION ADOPTING ASSESSMENTS FOR PURCHASE OF MARK Z. JONES PROPERTY WHEREAS, the Minnehaha Oaks Association, a non-prOf it corporation, and property owners who owned and occupied single family homes located along Hiawatha Avenue within the City of Hopkins requested the city of Hopkins acquire certain undeveloped property lying adjacent to and west of Hiawatha Avenue, and WHEREAS, the undeveloped property was owned by Mark Z. Jones and consists of heavily forested trees which the Minnehaha Oaks Association and property owners desired to be preserved for passive park and nature area purposes for them and the' community as a whole, and WHEREAS, the city of Hopkins agreed to acquire the property and the property owners agreed to reimburse acquisition costs incurred by the city, and WHEREAS, the city of Hopkins, Minnehaha Oaks Association and four property owners entered into a Special Assessment Agreement dated 4/15/92, attached as Exhibit B, which sets forth the terms under which the affected property owners would be assessed. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Hopkins as follows: 1. Such proposed assessments, a copy of which is attached hereto as Exhibit A and made a part hereof and hereby accepted shall constitute the special assessments against the lands therein named. As indicated in the special Assessment Agreement, attached as Exhibit B, each of the affected property owners agree that each of the properties to be assessed will be improved and benefited by the acquisition. 2. Such assessments shall be payable in equal annual installments extending over the period of 15 years' at 8% interest, the first installments to be paid with the real estate taxes due and payable in 1993. To the first installments shall be added interest on the entire respective assessment from November 1, 1992 . . . RESOLUTION NO: 92-89 Page 2 until December 31, 1993. To each subsequent installment, when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time after the adoption of the assessments and by November 27, 1992 pay the whole of the assessments against any parcel to the ci ty Manager, and no interest shall be charged if the entire assessment is paid by November 19, 1992. Also, the owner of the property may at anytime thereafter, except between November 15 and December 31 of each year, pay to the City Manager, the entire amount of the assessment remaining unpaid. 4. The Clerk shall forthwith transmit a certified duplicate or duplicates of these assessments to the Hennepin County Audi tor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the City Council of the City of Hopkins this 20th day of October, 1992. Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk ~ . . . Exhibit A 1. Property Acquisition: 413 Hiawatha Avenue P.I.D. #19-117-21 12 0019 Legal Description: Tract A Registered Land Survey No. 825 Total Cost: $43,750 at 8% Interest Over 15 Years 2. Property Acquisition: 435 Hiawatha Avenue P.I.D. #19-117-21 12 0015 Legal Description: Tract A Registered Land Survey No. 362 Total Cost: $43,750 at 8% Interest Over 15 Years 3. Property Acquisition: 511 Hiawatha Avenue P.I.D. #19-117-21 12 0005 Legal Description: That part of Lots 1, 2, 3 and 4 lying SWly of creek S of a line running E at right angles from the W line of Lot 1 at a pt dis 10 ft N from the most Sly cor thereof and N of a line runningE at right angles from the W line of Lot 2 at a pt dis 90 ft from the NW cor thereof Block 1 Minnehaha Oaks Total Cost: $43,750 at 8% Interest Over 15 Years 4. Property Acquisition: 505 Hiawatha Avenue P.I.D. #19-117-21 12 0006 Legal Description: That part of Lots 2, 3 and 4 lying S of a line running E at right angles from the W line of Lot 2 at a pt dis 90 ft S from the NW cor thereof and N of a line running E at right angles from the W line of Lot 3 at a pt dis 50 ft S from the NW cor thereof Lots 2, 3 and 4 Block 1 Minnehaha Oaks Total Cost: $43,750 at 8% Interest Over 15 years /' . .:--- / i ... "", . . '-'- / I SPECIAL ASSESSMENT AGREEMENT This is 15+h day made on the Agreement of Apt"'; I , 1992 by and among the City of Hopkins, a municipal corporation ("City"), Minnehaha Oaks Association, a nonprofit corporation ("Association") and , (collectively referred to as "Homeowners"): RECITALS: 1. City is a municipal corporation created by Charter and possessing all of the powers of a municipality. 2. Association is a nonprofit corporation formed for the purchase of promotion, acquisition, preservation, maintenance and management of shade trees and urban forest .and urban forest areas. 3. Homeowners occupy certain single family own and residences located on Hiawatha Avenue within the City. 4. The Association.. and Homeowners have requested the City to acquire certain undeveloped property lying adjacent to and west of Hiawatha Avenue. The land is owned by Mark Z. Jones, II ("Owner") and consists of heavily forested trees which the Association and Homeowners desire be preserved for passive park and nature area purposes for them and the community as a whole. 5. The Owner has elected to convey said land to. the City for the sum and upon the terms hereinafter described. 6. The Homeowners have agreed to reimburse acquisition costs incurred by the City in the sum and upon the terms hereinafter set forth. -1-. ( " ./ ',/' . property 7. The City has determined the market value of the , i I ! by appraisal to be in the sum of One Hundred Ninety-two Thousand Dollars ($192,000.00). ; NOW, THEREFORE, in consideration of the mutual benefits, the terms cif this Agreement accord to all parties, it is agreed as follows: 1. The City shall acquire the land from the Owner for the sum of Two Hundred Eighty-five Thousand Dollars' ($285,000.00) payable in cash upon the receipt of which good and marketable title shall be conveyed to the City. 2. The Owner has separately agreed to make a charitable contribution in the sum of One Hundred Thousand Dollars ($100,000.00) to assist in the acquisition of said . land. 3. In consideration for the action of the City in acquiring by purchase for the sum of Two Hundred'Eighty-five Thousand Dollars ($285,000.00), the premises legally ~ described on Exhibit A and in fulfillment of the request by the Association for such acquisition, each of the Homeowners as parties to this Agreement do hereby jointly and individually agree to pay the sum of $185,000.00 of said purchase price and no other costs or charges to the City in the following manner: a) Remi ttance of $ I () Ie 0 0 as a donation in reimbursement of such acquisition by the City; b) $ J 7.S- Ol)O by assessment against and a lien upon the real ~state owned' by each of the parties to this Agreement and legally described on Exhibit B. . -2- - Each of the parcels described on Exhibit B shall be assessed in equal proportion regardless of Lot size or location on Hiawatha Avenue. i 4. The assessment shall be for a term of 15 years, bear interest at the rate of eight percent (8%) per annum and shall be certified to the Hennepin County Auditor by November ,3D, 1992 for inclusion on the 1993 real estate tax statement of each such parcel. Payment terms and prepayment terms shall be as provided in Minnesota Statute 429 as follows: a. The Homeowner of a property so assessed, may, at any time prior to certification of the assessment or the first installment thereof to the County Auditor, pay the 'whole of the assessment with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. . b. The Homeowner may prepay the whole of said assessment any time prior to November 15 of any year with interest to December 31 of the payment year. 5. Each of the parties to this Agreement jointly and individually in order to -induce the City to acquire the property described on Exhibit A and implement the assessment procedure do and hereby agree to expressly waive objection to any irregularity with regard to the acquisition of the real estate by the City which shall include but not be limited to the following: a) Waiver of right to a notice of assessment except and to the extent notice of such assessment is provided for in 'this Agreement; . ~.. . b) Waiver of objection to such assessment by the parties to be assessed: c) Waiver of rights to appeal such assessment herein agreed to: -3- Waiver of right to provided for in including but not assessment. object to the assessment levy this Agreement upon any ground limited to excessiveness of such ; 6. Each of the undersigned Homeowners for themselves, their heirs and assigns hereby agree that the acquisition of the prope~ty by the City is feasible, necessary and proper for the prvtection and benefit of the community, health, safety , welfare and betterment and that each of the properties to be assessed hereunder shall be improved and benefited by such acquisition. 7. It is the intent and aim of the City to maintain and enhance the property as a nature area and manage the site for passive use and enjoyment of the community with due 4It regard for preservation of trees in a natural setting. 8. Each Homeowner shall execute and deliver to City the Consent of Assessment form attached as ExhibitC. 9. Association and Homeowners shall execute and deliver this Agreement to the City on or before March 24, 1992 accompanied by the remittance set forth in Paragraph 3 a) for approval and execution by the City as soon as possible thereafter. The aforementioned date may be extended by mutual consent of all parties. 10. The provisions of this Agreement shall govern over any other contrary, term, condition or provision contained in any prior agreement or understanding among the parties. . 11. This Agreement shall be binding upon and inure to the benefit of all parties hereto, their successors, -4- representatives and assigns iocludingwithout limitation, any purchaser of anyone or more of the properties to be assessed and described on Exhibit B. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed 00 the date first written,8bove. CITY OF ,HOPKINS ~ By r/..J~ ~ ~---r Its~ . U MINNEHAHA OAKS ASSOCIATION By ~.~ . .~/:' .;triA. ""-- Its . HOMEOWNERS: Bernardine Nelson Bonnie Gilbert Ronald Gi1bert Lisa Benson Neal Benson Trina Munnings ~ - ~ Jeffrey Jordan ?1# L/JUiUu 7YJc ' ~Neff. ... .. , . ~t. /}2CfIjZ Larry MCUf~, , -5- Marilyn Runquist ; Douglas Runquist Betty Carroll Norma Glasgow John Glasgow Patricia Isaak Vernon Isaak Malora Carlson . Joey Ca~:Q ~ EdwaM-trom , ,_~.~ ,-1~t-r-i Irene,I,bsen . ' n f). . ~~ Kenneth Ibsen Nancy Carroll STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foregoing instrument this J 5lA day of Apr: I the M~o,... municipal corporation under of the City. was acknowledged before me , 1992, by Nt.I.5."" 'O~ ' of the City of pk1ns, a the laws of Minnesota, on behalf . (J2-r. ,-~-c 0-. .~ Not~rf~l~C / -6- Patricia J. Gisborne ' NOTARY PUBUC - MINNESOTA HENNEPIN COUNTY My CQII1ltIIulon explM 0-1-93 . . . / STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) ,J Strom " Irene-Ibsen , Kenneth Ibsen John Carroll, Th~ foregoing A instrument this 15 day of f<"':J the JI\"T~r municipal corporation under the of ,the ,City. , , STATE OF MINNESOTA) , ) SS COUNTY OF HENNEPIN) The ,was . acknowled~edbefore me , 1992, by. Nt~I'\'Bc~ of the City of Hop ins, a laws of Minnesota, on behalf , , . ' .. .f7~jJ~ Notary Pub~ic ,~ Patricia ]; Gisborne NOTARY PUBUC . MINNESOTA HENNEPIN COUNTY ' My commission eXpIres 0.1-93 this the Association, Minnesota, on foregoing instrument, was ~Cknowledged before,me day of , 1992, by of the Minnehaha Oaks a nonprofit corporation under the laws of behalf of Minnehaha Oaks,Assocfation. ,Notary Public -6- STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) ; Th~ foregoing instrument was acknowledged before me this I'i' <lay of mo.r-c. h. . 1992, by L o...r toy In '- J.J e (-' r: the ,4-' r<. s ,dR_-..\..1- of the Minnehaha Oaks Association, a nonprofit corporation under the laws of Minnesota, on behalf of Minnehaha Oaks Association. ' S~~NNNI/\l\N"-\^,"lII . ~@, JOHN \'i, TE5BENKAMP I ~ .' NOTARY P~BLiC.M1NNESOTA ~ HENNE'P!t~ COUNTY ~ My CommiE'si!Jn Expires Nov, S, 1997 '-~VIJ\MN>./V\NWIN\NVv= g~ W.. I~ Not ry Public STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) The foregoing instrument was this day of Nelson. acknowledged before me . 1992 by Bernardine . Notary Public STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) .. The foregoing this day of and Ronald Gilbert. instrument was acknowledged before me . 1992 by Bonnie Gilbert Notary Public STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) The foregoing instrument this day of Neal Benson. was acknowledged' before me , 1992 by Lisa Benson and . Notary Public -7- STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) The foregoing this day of and Jeffrey Jordan. instrument was acknowledged before me , 1992 by Trina Munnings Notary Public STATE OF MINNESOTA) ) S5 COUNTY OF HENNEPIN) The~t foregoing instrument was acknowledged before me this /8- day of md..f'G.k. , 1992 by Marie McNeff and Larry McNeff. IIM1J'-"WV...v.Mi'oAMrAV.MAN'JVv,^^"M/'.z ~~")., JO~!,iw.TEseE~lKAMP $ ~ n --r-~ ~\~ r.OT.t..,,{ PUBliC-MINNESOTA ~ ~ W { ~ ~ HENNfP!N COUNTY, ~ N. ota P, ublic . ~ My Commission 8:pires Nov. 6 1997~ ",^"^,v.r~A/IN\N',^"^,,,,,JV"V:N\I\lV :. 4It STATE OF MINNESOTA} ) 55 COUNTY OF HENNEPIN) The foregoing instrument this day of , ana Douglas Runquist. was acknowledged before me , 1992 by Marilyn Runquist Notary Public STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) The foregoing this day of instrument was acknowledged before me , 1992 by Betty Carroll. Notary Public . -8- . . . STATE OF MINNESOTA) ) S5 COUNTY OF HENNEPIN) The foregoing this day, of and Vernon Isaak. instrument was acknow1edged before me ,', 1992 by Patricia Isaak Notary Public STATE OF MINNESOTA) ) S5 COUNTYO'F HENNEPIN) The forego{ng instrument was acknowledged before me this /'1 day of Pf;'; 1 ,,199,2 ,by Ma1.ora Carlson and JOey Carlson. ~:=1!F N~k;,julf1.lJ4Jcf~ityA() My t;Qmmlsslon expires 3-5-94' STATE OF MINNESOTA ) , ) SS COUNTY OF HENNEPIN) The foregoing this day,of instrument was acknow~edged before me , 1992 by Edward Strom. Notary Pub1.i.c 'STATE OF MINNESOTA)' ) 55 COUNTY OF HENNEPIN) The foregoing this day of Kenneth Ibsen. instrument was acknowledged before roe , 1992 by Irene 'Ibsen and Notary Public -9- , ' . :. j J STATE OF MINNESOTA) ) S5 COUNTY OF HENNEPIN) ; The foregoing instrument was this day of and John Glasgow. STATE OF MINNESOTA) ) S5 COUNTY OF HENNEPIN) The "foregoing this day of and Vernon Isaak. acknowledged before me , 1992 by Norma Glasgow Notary Public instrument was acknowledged before me , 1992 by Patricia Isaak STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) The foregoing .this day of and Joey Carlson. Notary Public instrument was acknowledged before me , 1992 by Malara Carlson STATE OF MINNESOTA) ) S5 COUNTY OF HENNEPIN) Notary Public this Th~ foregoing instrument I g't day of fno.,..(.. h was acknowledged before me , 1992 by Edward Strom. lIlN'Wll'NV\IIII.IVVttVlM"V/,.NVt,NI/II"...NVV1MlI I@;:r~, JOHN W. TEB8Ei"lKP,MP , :.~ ' NOTA~Y P~BUC.M!NNESOT..\ H::NNi::?!N COUNTY My Commission Expires Nev. 5, 1997 w . Ok Lu. No1tary Public --~ / -9- . . The ~oregoing instrumenl: this i S' day of nto. f"" h. , Kenneth Ibsen. .NVV.NI,IY"",II/Vl/v'M'VIN\IIN\IIIVtIA/'MlIr Iw~ JOHN W. TE88ENKAMP I ,. NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Nov. 6..1997 w . 'STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) STATE OF MINNESOTA) ) 55 COUNTY OF HENNEPIN) was acknowledged before me , 1992 by Irene Ibsen and ~~ tu. T~ Nota Public this The foregoing day of instrument was acknowledged before me , 1992 by Nancy Carroll. Notary Public -10- EXHIBIT A All that part of the Northeast Quarter of the Northwest Quarter of Section 19, Township 117, Range 21, West of the Fifth Principal Meridian, lying South of the State Highway "':"''Number 7 , except the one hundred foot right-of -way of the Great Northern Railway Company across said land, and except that part thereof described as follows: Commencing at the Southwest corner of said Quarter Quarter, thence North along' the West line thereof to the Easterly right-of-way line of the' present right-of-way of the Great Northern Railway, thence Northeasterly along said Easterly right-of-way line to the Southerly line of Trunk Highway #7 as built and operated across said Quarter Quarter, thence Easterly along said Southerly line 609.23 more or less to a point midway between the intersections of said Southerly line with the East line of said Quarter Quarter and the Easterly right-of-way line of the Great Northern Railway; thence 1n a direct 11ne to a point in the South line of said Quarter Quarter which 1s 810 feet distant measured West on said South line from the Southeast corner thereof, thence West along said South 11ne to point of beginning, and except that part embraced within the plat of Ramsgate, and situate in Hennepin County, Minnesota. . . '.' . . EXHIBIT B 1. Bernardine Minnesota: Nelson, 402 Hiawatha' Avenue, Hopkins, That part of Lot 8 lying southwest of road as opened by Document No. 347404, Lot 8, Block 1, Minnehaha Oaks 2. Bonnie and Ronald Gilbert, ~06 Hiawatha Avenue, Hopkins, Minnesota: That part of Lots 7 and 9 lying southeasterly of a line running parallel with the northwesterly line of Lot 9 from a point in the northeasterly line thereof distant 43 3/10 feet southeasterly from most northerly corner thereof Block 1, Minnehaha Oaks' 3. Lisa Benson and Nea+ Benson, 409 Hiawatha Avenue, Hopkins, Minnesota: Tract B Registered Land Surveyor #825 4. Trina Munnings and Jeffrey Jordan, 410 Hiawatha Avenue, Hopkins, Minnesota: That part of Lot 10 lying southeasterly of a line running parallel with northwesterly line of Lot 10 and extension from a point in the northeasterly line distant 88 feet southeasterly from must northerly corner of Lot 10 and that part of Lot 9 lying northwesterly of 8,11ne running parallel with the northwesterly line of Lot 9 from a point in the northeasterly line distant 43 3/10 feet southeasterly from most northerly corner thereof and that part of Lot 7 lying northwosterly of a line running parallel 'with the northwesterly line of Lot 7 from a point in the southwesterly line distant 43 3/10 feet southeasterly from most westerly corner thereof and southwesterly of road as opened by Document No. 347404 Block 1, Minnehaha Oaks 5. Marie McNeff and Larry McNeff, 413 Hiawatha Avenue, Hopkins, Minnesota: Tract A Registered Land Survey No. #825 6. Marilyn Runquist and Douglas Runquist, 418 Hiawatha Avenue, Hopkins, Minnesota: That part of parallel with a point in southeasterly Minnehaha Oaks Lot 10 lying ~orthwesterly of 8 line running northwesterly line of Lot 10 and extension from the northeasterly line distant 88 feet from most northerly corner of Lot 10, Block 1, 7. Betty Carroll, 425 Hiawatha Avenue, Hopkins, Minnesota: ~ Tract B Registered Land Survey #362 8. Norma, Glasgow and John Glasgow, 426 Hiawatha Avenue, Hopkins, Minnesota: Lot 11, Block 1, Minnehaha Oaks 9. patricia Isaak and Vernon Isaak, 434 Hiawatha Avenue, Hopkins, Minn~sota: . Lot 12, Block 1, Minnehaha Oaks 10. Malara Carlson and Joey Carlson, 435 Hiawatha Avenue, Hopkins, Minnesota: Tract A Registered Land Su~ey #362 11. Edward Strom, 505 Hiawatha Avenue, Hopkins, Minnesota: That part of Lots 2, 3 and 4 lying south of the line running east at right angles from the west line of Lot 2 at a point distant 90 feet south from the northwest corner thereof and north of a line running east at right angles from the west line of Lot 3 at a point distant 50 feet south from the northwest corner thereof Lots 2, 3 and 4, Block 1, Minnehaha Oaks 12. Irene Ibsen and Kenneth Ibsen, 511 Hiawatha Avenue, Hopkins, Minnesota: . That Part of Lots 1, 2, 3 and 4 lying southwesterly of creek south of a line running east at right angles from the west line of Lot 1 at a point distant 10 feet north from the most southerly corner thereof and north of a line running east at right angles from the west line of Lot 2 at a point distant 90 feet south from the northwest c~rner thereof Block 1, Minnehaha Oaks 41' 13. Nancy Carroll, 517 Hiawatha Avenue, Hopkins, Minnesota: . . That and west most Oaks. part of Lots 1, 2, and 3 lying southwesterly of creek north of a line running east at right angles from the line of Lot 1 at a point distant 10 feet north from the southerly corner thereof except road Block 1, Minnehaha / . . EXHtBIT C WAIVER, BY PROPERTY OWNERS r , hereinafter called ~~e he/she is' the owner. ,of Minnesota-- more particularly said property owner hereby' requests the City of Hopkins to make . the arrangements necessary to: Property owner hereby waives any right to notice or objection to said improvement as provided in Chapter' 429 of the, Minnesota statues and any other provisions of municipal for state law providing for notice or objections. property owner understands that for the foresaid work he/she will be assessed for all costs . ~ JJlC"~e- . . witnesg c~r hands to this agree~ent t~at we have read ~~d underst~~~is. agreement and consent thereto this '/7 , of /..-'l4?--1..G4. , / rt?4. · ' fully day ~~ Y/J~ . . . - .-- n erty owner 'fj/CVu-U {J. P7c~ Prop y Owner WITTNESSETH ~ 1i~v(JE7~ Witness ,.~~~~-' Witness ~ , . . . . EXHtsIr c WAr" .:...:., BY PROPE:?.TY m,jNZ?.5 =s:, ,e Cf 1'1,"J /0 'r ~ ,(! 4 j;) <f;o t7, her a i.--:af":;ar c:l.lled t=e prop:r1:. oWIl.er'A s-ca-:es that he/she is the .owner. .of /..f:] ~ - />~,).ik'? t/'~ E;opkins, ,Minnesota-- more partic.llarly descrJ..bed as: , . . Said property owner hereby requests the city of Hopkins to make .:'the arrangeme.?lts necessary to: . Property owner hereby waives any right'to notice or objection to said b1prove!!lent as provided in c."1apter' 429 of the, Minnesota stat"".les and any other provisions of mu..-licipal for state law providing for notice or objections. Property owner underst~ds that for the foresaid work he/she will be assessed fer all ccsts i.::C''':== ad . Wi~:le.ss C~= ~a~ds t= ~~~s a~ae=e=~ t~a~ ~a have ag=ee:ent ~~d consent t~ere~o ~is , lee? :P.. . . ' day --=..~., .,...... ----.1. =:a=- ar:c. /1 under of '. :.&" e a~~ ---'--:-- - -:- ~ , propert:y Owner .' , ;1/0 I~ EO G ~ , Property Ow"Iler WITTNESSETH :'-~TZ;it, ff ;J; (1M Wit."1ess T if V I ' i .......-.-.. Wit:less . . . .- ~ EXHIBIT C w~ BY PROPERTY Q1ff41E?.s f<~ + ~~ J~ , herei.:1af-=ar called t..~e propercy, owner, s't:a-ces that he/she is the 'owner. .ot 6~/J-/~~~A'~ ~opkins, .ML~esota-- more parti~~larly desc=i.bed as: . '. , . - Said property, owner hereby' requests the City of Hopkins to make ..' .+~'tb.e a..-rangements nace.ss~~ to: Property owner hereby waives any right to notice or objection to said i.:nprove!D.ent as provided in c.."lapter' 429 of the. Minnesota statues and any other provisions of mu..~icipal for state law, providing for notice or obj ections. P=o:;Jerty ow-ne= unc.ersta=.ds that for the foresaid work he/she will be assessed ~or all cos~s i..~C"~=c. . Wit~ess C~=. ha~ds t= t~~s ag==~=e~~ t=a~ we have u.~derstand ~s agreement and ccnsent~~ere~o ~is of a t~ , I Ii f 2- . I<~L ~~ ==.ac. ar:c. /f day --=....., 1 1~.,p .. ---.1 '. J-1~ propert:y Owner ~~, Property O'W"!ler ~ ,// .,1 /1 '. . . ~ '~-~ ~~' r----" EXHIBIT C WAr"1=-, BY PROP:::aTY OY-/""N:E?.s :tJJ l<y:z yJ SJ;.6;ff... , her=ina=~a= called. t...":.e proper:cy owner, s"t:a:t:es that he/ she is the 'owner"" of ...<0&- H(,3(V~.7k;, r E;opkins, Minnesota-- more partic.ilarly desc:ibed as: said property owner hereby"requests the city of Hopkins to make ,:"the arrange:ments necessary to: Property'owner hereby waives any right to notice or objection to said i::nprove1ent as provided in c...~apter. 429 of the. Minnesota statues and any ctherprovisiens of mu...,icipal fer state law providing for notice or cbj ec-:ions. Proper-=y owner underst2nds that fer the fcresaid worl<: he/She will J::e assessed for all cos~s L~c=:.d . Wi~=ess C~= ca~~s t: ~~~s a~~=e=e~~ t~a~ ~e have understa.~d this agre~ent and consent ~era~o ~~is of lV.r~ I , I't't 'L ~=.=..c. a::c. /7' 77; :':::2.1..7 day /a-t . Z~ 'fti< ~ cr- ,". propert:y Owner Propercy Ow"ner --....'. Witn