1993-115
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CITY OF HOPKINS .
Hennepin County, Minnesota
RESOLUTION NO: 93-115B
RESOLUTION ADOPTING ASSESSMENTS FOR
PURCHASE OF HIAWATHA OAKS PROPERTY
WHEREAS, the Minnehaha Oaks Association, a non-profit corporation,
and property owners who owned and occupied single family
homes located along Hiawatha Avenue within the City of
Hopkins requested th~ City of Hopkins acquire certain
undeveloped property, now known as the Hiawatha Oaks, 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 and Minnehaha Oaks Association agreed to
reimburse acquisition costs incurred by the City, and
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WHEREAS, the City of Hopkins, Minnehaha Oaks Association and four
property owners entered into a Loan Agreement dated November
24, 1992, attached as Exhibit C, which sets forth the terms
under which the affected property owners would be assessed.
WHEREAS, the City of Hopkins has agreed to amend the Loan Agreement
to eliminate interest cha~ges on the loan amount, not
including interest charges on special assessments which may
be certified pursuant to the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Counci I 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 provided the owners of
the affected properties sign and deliver to the City
Manager the amended Loan Agreement by November 17,
1993.
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If said amended Loan Agreement is not signed and
delivered to the City Manager on or before November 17,
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4.
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RESOLUTION NO: 93-115B
Page 2
1993 by the affected property owners, such proposed
assessments, a copy of which is attached as Exhibit B,
shall constitute the special assessments against the
lands therein named.
2.
Such assessments shall be payable in an equal annual
installment extending over the period of one (1) year
at 8% interest, the first and only installment to be
paid with the real estate taxes due and payable in
1994. To the first and only installment shall be added
interest on the entire respective assessment from
November 1, 1993 until December 31, 1994.
3.
The owner of any property so assessed may at any time
after the adoption of the assessments and by November
29, 1993 pay the whole or a minimum of 25% of the
assessments against any parcel to the City Manager, and
no interest shall be charged if the entire assessment,
or a minimum of 25% of the assessment, is paid by
November 18, 1993.
The Clerk shall forthwith transmit a certified
duplicate or duplicates of these assessments to the
Hennepin County Auditor 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 19th day of
October, 1993.
ATTEST:
o
Clerk
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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: $2,916.67 at 8% Interest Over 1 Year
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: $2,916.67 at 8% Interest Over 1 Year
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 running E at right angles from the W
line of Lot 2 at a pt dis 90 ftfrom the NW cor thereof
Block 1 Minnehaha Oaks
Total Cost: $2,916.67 at 8% Interest Over 1 Year
4. Property Acquisition: 505 Hiawatha Avenue
P.l.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 a4 Block 1
Minnehaha Oaks
Total Cost: $2,916.67 at 8% Interest Over 1 Year
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EXHIBIT l.l
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: $5,142.20 at 8% Interest Over 1 Year
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2. Property Acquisition: 435 Hiawatha Avenue
P.I.D. #19-117-2112 0015
Legal Description: Tract A Registered Land Survey No. 362
Total Cost: $5,142.20 at 8% Interest Over 1 Year
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 c~eek 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 running E 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: $5,142.20 at 8% Interest Over 1 Year
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: $5,142.20 at 8% Interest Over 1 Year
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Exhibit C
LOAN AGREEMENT
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This Agreement is made on the ~ day of Nov~~ber,
1992
by
and
among the City of Hopkins,
a municipal
corporation ( "Ci ty"), Minnehaha Oaks Association, a nonprofit
corporation ("Association") and those homeowne::!:"s who have
signed and other~ise executed this agreement, (collectivelv
.referred to as' "Homeowners II ) :
RECITALS:
1. City is a municipal corporation created by Charter
possessing all of the powers of a municipality.
2. Associetion is a nonprofit corporation composed of
members residing on Hiawatha Avenue within the Ci~~.
3.
Homeowners own and occupy certain single family
residences located en Hiawatha Avenue within the Citv and as
suc.h are members o.f tl1e F-.ssociation. .
4. Pursuant to and in re.liance upon a Special
Assessment Agreement dated April 15,
1992,
between City,
Association and Homeowners,
the City was induced to acquire
certain undeveloped property lying adjacent to and wes~ of
Hiawatha
Avenue
form
Mark Z.
Jones II consisting of
approximately 1.54 acres of forested land which all part~es
desired
be preserved for passive park and nature area
purposes.
s. The City has expenced the sum of One Hundred
Eighty-Five Thousand Dollars (S185,OOO.00) in the acquisition
"
.''It
of sa~d property end Association and Homeowners wish"to
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reimburse City to the extent of the acquisition costs of One . _
Hundred Eighty-Five Thousand Dollars (S185,000.00).
6. The City acknowledges receipt of Ten Thousand
Dollars (S10,OOO.00) paid to City by Association.
7. All parties desire that the terms of the Assessment
Agreement dated April 1~, 1992 be modified and adjusted to
provide for payment by loan terms while retaining the rights
of assessment by City for purposes of security in ev~~t of
default in any of the terms of the Loan Agreement.
NOW THEREFORE in consideration of thernutual benefits
set forth.
PAYMENT TER~S:
1.
As~cciation
shall pay. to the City the S~~ of One
o
interest:
Seventy-Five
thereon at
Thousand Dollars (SI75,000.00) with
Hundred
fifteen
(15)
eight percent (8%) per annum payable in
annual payments of Twenty Thousand
equal
Sixty-eight "and 80/100
September 1, 1993 and
Dollars
(520,068.80)
first day
commencing on
of each annual
on the
a~~iversar1 date ~~ereafter.
Such annual payments shall be
inclusive of and applied first upon the accumulated interest
and thereafter upon the principal balance ra~aining. Said
interest on the principal balance shall commence on Nov~~er
I, 1992.
2. Associat~on may prepay the principal balance in
full or in partial prepayma~t of not: less than Five Thousand
Dollars (S5,000.00) at its option without penal~~. (:)
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SECURITY PROVISION:
1. It is understood and agreed by all parties to th~s
Agre~~entthat the security o~ the City to enforce compliance
with the installment payments due herein is the init~ation of
special . assessment procedure in con.formance with the terms of
this Agre~~ent -which security sha~l remain in full force and
effect applicable to all of the parcels described in Exhibit
J... (attached) until receipt of final payment by the Cit".f or
upon lease from said assessment of one or more suc~ parcels
at the option of the City.
2. The Association shall be obliged to collect and
receive payments from its members who are or shall become
parties to this Agreement .or from such other sources
c:> available to the Association and pay such sums to the City as
provide for herein.
3. In . the event of a default in any of the terms and
conditions provided for in this.Agreement and which r~~ains
uncured for a period of 20 days, the City at its opti90 shall
impl~~ent spec~al assessment proceedings and assess the
delinquent balance then due and paycble to the City in equal
proportion against each of the properties described on
Exhibit A. The resolution adopted by the City to levy such
speCIal assessment shall be certified to the Her~epin Co~nty
Auditor by November 30 for inclusion on the real estate ta~
stata~ent of each such parcel for the yea= following the
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assessment certification.
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PAYMENT UPON DEFAULT:
1.
The terms of the assessment thus levied upon and in
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the amount of the default shall be for a term of one year
with interest thereon at the rate of eight percent '(8%) per
annum .
2. Prepayment terms "following certificate of the
assessment shall be as provided in Minnesota" Statute 429 as
follows:
The homeowner of a property so assessed may at any
time prior to certification of the assessment to the
He~~epin County Auditor or prior to the first
installment of the assessment to the County Auditor
pay the whole of the assessment with interes~ accrued
to the date of payment. No further interest shall be
charged on the amount assessed if the en~ire
assessment is paid within 30 days from the adoption of
the assessment.
3.
In the event of default, the amount to be assessed
c
in addition to ~he delinquent installment shall be increased
by additional costs,
expenses and attorney fees incurred by
the City which all parties agree shall be the sum of Five
Hundred
Dollars
(5500.00)
for
each
such
assessment
certification.
4. For purpose of
delinquency in the annual
assessment and "certified to
illustration and example only, a
installment would be levied by
Hennepin Counr~ pro rata (in
equal amounts) upon the tax statement of each property Owned
by a homeowner who is a party to this Agreement includ~ng the
a~ount provided for additional costs, expenses and attorney
fees.
Thereaf~er, prepayment would be limited in the manner
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provided
in Paragraph 2".
If the assessed amount matures
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without' payment~
the City would have the opt~on to commence
foreclosure proceedings and acqu~re the property in the
manner provided by law.
This Agreement contemplates the
possibility that a subsequent purchaser would insist the pro
rata share of the delinquent amount assessed against such a
parcel be paid off in which event the City would furnish the
homeowner a release frem the assessment lien. Upon receipt
of the pro rated assessment, the property thus released would
no longer be subject to the te=ms of this Agreement.
WAIVER OF STATUTORY RIGHTS:
In order to induce the City to rely on vOlunta=y
repayment by Association and Homeowners as herein provided
and utilize the assessment procedure only in the event of a
default in the payment of such" installmen~s~ each of the
parties to this Agreement jo~ntly and i~dividually agree to
waive all objections or irregularities regarding imposition
of the assessment procedure outlined in this Agre~~ent and
without limitation expressly include 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 obligation to such assessment by the parties
to be assessed;
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c. Waiver of rights to appeal such assessment herein
agreed to;
d.
Waiver of right to
provided for in
"including but not
assessment.
object to the assessment l~vy
this Agreement upon any ground
limited to excessiveness o~ such
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OELIGATION OF ASSOCIATION:
G
1. The Association shall" be obliged to collect and
receive payments from its members who ere or shall become
parties
to
this Agre~~ent or from such other sources
available to the Association and pay such sums to the City as
provided for in this Agreement and to otherNise en~orce
individual compliance of its member Homeowners with all of
the terms of this Agre~~ent. P=ovided, however, the City may
release one or more parcels from the lien of the assessment
upon the mutual consent of all other Homeowners who are then
parties to this Agreement.
2. It shall be the obligation of the Association to
maintain end provide for inspection at reasonable t~mes
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proper books and records disclosing the receipt and source of
al.l payments obtained by the Association.
MISCELLANEOUS PROVISIONS:
1. 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
whether expressed verbally or in writing.
2. This Agreement shall be binding upon and inure to
the penefit as well as the obligation of all parties hereto,
their
successors,
representatives and assigns includlng
without limitation any successor by purchase, transfer or
conveyance of anyone or more of the properties described on
,M
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Exhibit A.
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IN
written.
Agreement to be executed on the day and year first above
WITNESS wnEREOF, the parties have caused this
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CITY OF HOPKINS
By
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Its ?;/] c":--L,v-'~~-
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'BY_/k~~'
Its C.I ~ AC;A"~
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MINNEHAHA OAKS ASSOCIATION
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By ../. ~~<:/) 1 / (/ //"j C/ b ..Ib
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Its ~/,//.7-<4.J/~~"~. T
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HOMEOWNERS
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j /(1).0;, /:f.., k. _ "t.J ..rJ..ruJ.r.-l-{.( /.:.L' f./"i f.' , ..~':';<'1J.jJ....t... ,i.!- I / ( i i _'
MariE;, McNeff J! (Address) .~ :. :'"1 ~
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YJ)z<'f~:,//PJ 'i /'/'/: ~/ ., #>/J_,-:.~';-N~ ~~. I,(r-!~~ /:i/-
L2.=r"r McNef f, C. d'dress)
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) } /a ~-<'-' ,;~ (:~i .&-P~--1 ~ -5 ~ - Q { ~-<..:r-:::..:r,.-.:::_ ~,~.
Matora Carlson, ~ A7~~SS)
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\ Jpfy---eanson, -(Address)
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':, : :l.-.:..-.-,-~.t-:.:L,; -,-' ~) .: : - C-i.."--<:t~.\.. ___I\-: ...J.-J'. t...............~.i,..Q......~ f'y......._ '-:: .:: ;'-:
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Irene Ibsen, ( l'.ddress )
i . . \ f] (I
.k {J,-,,,, .-.-11A:"~,-J'~-LL"'--
Kenneth Ibsen, (Address)
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Patricia Isaak, (Address)
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State of Minnesota)
) 5S
County of Hennepin)"
was acknowledged be::ore me
, 1992 by N-d.c...<,,, B ,r~
the M. ~ \I ~ r -..,)
the City of Hopkins, a municipal
of Minnesota, on behalf of the
Th~ forego~ng instrument
this ~ day 01: /J 0 v (t"'\ ~ r
and S-tQ"~i'1 M; ~ I k~
and . (,:+~ M 4.(\0. <:0.... r of
corpora~ion under the laws
City.
.~~~~l~~
Notary Publio/
. /
State of Minnesota)
. ) 55
County' of He.nnepin)
. ,
~ Patrtda J. Gisbcrne j'
g~ ._'"-g NOTARY PUS. we - MINNESOTA
~!:sg" HENNE?lN COUNTY
~ My commission e:q:lU.e:s l5-1~
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The foregoing inst~..m1ent was ackno~~dged before me, c:
this .;l.ffT~i' day of /l~XA.j~ '. 1992 b;y'~ n...... C'. ft1 (';V~ . .
end (~.a-2~ (? _ L.~ ;;. ~~~ .9/ r ~ 'd -::i ~ -r ~
end \ i)~P:-CS,'d.--/~ r . ,.. of'- Minnehaha Oaks
~sOCia~~"eJi, a _ <:0 I Cd1rJi... ~';I-('"",,Q.d;.,p.'nder the laws of
M~nneso I,..a on behal:t 01: the J"<r::r: n::::~_/. ,.ov,
~ DEBORAH A. McGOWAN -I'
~.~. NorMY PUEUC - MINNESOTA
.. - HENNEPIN COUNrf
. ~. JIy C~..lu~ Gptres 12-~
State of Minnesota)
) ss
County of Hennepin)
& J9imJl (J
No~ary Public
'i/l1Oltrt0Q /h
I " '-'
The foregoing
-,
this .;1 iJ ~ day "of
Larry McNeff.
instrumen~ was acknowledged before 'me
/1 61../(' ,-,,/h-e "..- , 1992 by Marie HcNeff and
, I /7 'd, v -~7-7:'-'/
If/ ~/7~/1'./'-~;; f 3 I
j-i~ cP UY ~'l ./
~ pubilC -
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'State of Minnesota)
) 5S
County of Hennepin)
--
Th7/~foregoing instrument
thi s a. 1"' . .. day 0 f ""1\,~.Al\ k a.)),
Joey Carlson.
(Q DEBORAH A. McGOtl,~;"
.' ~.. ,_ ~ NOT AAY PUBUC' _ M'''''::A :
~-:~ HENNE?fN COUNTY ;
..... My comm~ expires 12-1-93 ~
Sta"Ce of M~nnesO't:a )-'
) 5S
County of Hennepin)
The foregoing
this .;21 r-t.-r day of
Kenneth Ibsen.
State of Minnesota)
. ) 5S
County of Hennepin)
was acknowledged before me
, 1992 by Malara Carlson and
<9 d#~
Notar.f P~blic .,
a / -rf) Wrr>-/ A If; ~
J '"' \J
instrument was acknowledged before me
cJ7th~ , 19920 by Irene Ibsen end
/1. /t (![jf!/.i /. r.} - ;(~- -9 9 0
,;em. ~,..c.-"V1C-. '7:P f)- ,
o cZ) ~
: 1_ "L.! ",", 'l'; ~
\'J~bliC
The foregoing .instrument
this day of
Vernon Isaak.
was ac~~owledged before me
, 1992 by Patricia Isaak and
State of Minnesota)
) 5S.
County of Hennepin)
The
this ~ 5-
Notary Public
foregoing instrument
day of M~.....' <? ~b-.... ~
was acknowledged before me
, 1992 by Edward Strom.
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tty la'7~~;~<Y ?,r- Y-'!l.S-"'T2f- .
~~ <2. nAY .()~
No taby_oPUOIlc '
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EXHIEIT A
1. Marie McNeff and Larry. McNeff,
Hopkins, Minnesota:
Tract A Registered Land Survey No. #825
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413 Hiawatha Avenue,
.
2. Patricia Isaak and Vernon Isaak, 434 Hiawatha Avenue,
Hopkins, Minnesota:
Lot 12, Block. I, Minnehaha Oaks
3. Malara Carlson and Joey Carlson, .435 Hiawatha Avenue,
Hopkins, Minnesota:
Tract A Registered Land Survey #362
4. Edward Strom, 505 Hiawatha Avenue, .Hopki.ns, Mi.nnesota:
That pa~ 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
5. Irene Ibsen and Kenneth Ibsen,
Hopkins, Minnesota:
{~- ~'\
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511 Hiawatha Avenue,
That Part of Lots 1, 2, 3 and 4 lying ~outhwesterly 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 corner thereof Block 1,
Minnehaha Oaks
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