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1993-115 ... r o 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 o 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. o If said amended Loan Agreement is not signed and delivered to the City Manager on or before November 17, o 4. o 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 o o o 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 o o o 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 ~. f. . 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 . ". . :....-, o o o .~ Exhibit C LOAN AGREEMENT .th 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 O ._..-.\1 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~~. (:) -2- ..' 'f' o 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 o assessment certification. -3- ~ PAYMENT UPON DEFAULT: 1. The terms of the assessment thus levied upon and in (-~\ ~J 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 o provided in Paragraph 2". If the assessed amount matures -4- o o o 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; ~' 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 -5- 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 ("\ ~ 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 V Exhibit A. -6- o o o IN written. Agreement to be executed on the day and year first above WITNESS wnEREOF, the parties have caused this \ ,;, . CITY OF HOPKINS By .4j~1 i.-~ ~/f' U Its ?;/] c":--L,v-'~~- ~ I 'BY_/k~~' Its C.I ~ AC;A"~ , MINNEHAHA OAKS ASSOCIATION .~\ I / By ../. ~~<:/) 1 / (/ //"j C/ b ..Ib .~ t/:~ ,. '/1 Its ~/,//.7-<4.J/~~"~. T EY~ !?, {/~~ -, .",- T~ J (. I?j:- -7/"." (] / -ts-/J//Cp I ~~A~/~ , v ~ HOMEOWNERS ,-A.)~ ~'" -h!ll' ....,., "'. \, J . / .. .' ~ / I III ~, --~ /,. ). ) " 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 ~ \,/ . // YJ)z<'f~:,//PJ 'i /'/'/: ~/ ., #>/J_,-:.~';-N~ ~~. I,(r-!~~ /:i/- L2.=r"r McNef f, C. d'dress) ... J _ t I . ) } /a ~-<'-' ,;~ (:~i .&-P~--1 ~ -5 ~ - Q { ~-<..:r-:::..:r,.-.:::_ ~,~. Matora Carlson, ~ A7~~SS) I~ p. ~~~p~---- - \ Jpfy---eanson, -(Address) V ~.\ ? - . '. ~ 1 . (. '\ . _ . ':, : :l.-.:..-.-,-~.t-:.:L,; -,-' ~) .: : - C-i.."--<:t~.\.. ___I\-: ...J.-J'. t...............~.i,..Q......~ f'y......._ '-:: .:: ;'-: t Irene Ibsen, ( l'.ddress ) i . . \ f] (I .k {J,-,,,, .-.-11A:"~,-J'~-LL"'-- Kenneth Ibsen, (Address) ,. . i" ~.~ Patricia Isaak, (Address) -7- 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~ (\ Y ut 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 - -8- c o o o . . '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. ,\ ~ . tty la'7~~;~<Y ?,r- Y-'!l.S-"'T2f- . ~~ <2. nAY .()~ No taby_oPUOIlc ' '0- - -9- EXHIEIT A 1. Marie McNeff and Larry. McNeff, Hopkins, Minnesota: Tract A Registered Land Survey No. #825 ...... -,., .... / U 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: {~- ~'\ ~ 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 .I~~ ~'