Resolution - #08-08-136 No Signature - 08/12/2008

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Councilmember Strommen introduced the following resolution and moved for its adoption: RESOLUTION #08-08-136 A RESOLUTION ADOPTING AN ADDENDUM TO THE DEVELOPMENT AGREEMENT FOR EBONY WOODS THIS ADDENDUM, CITY OF RAMSEY, made and entered into by and between the a "CITY" TIMOTHY municipal corporation under the laws of the State of Minnesota (the ), and E. HOLM AND NANCY E. HOLMDEVELOPER”), (the “ husband and wife, whose address th is 17762 97 Street, Becker, MN 55308 WITNESSETH : WHEREASDEVELOPER , the is the fee owner of the following described property situated in the CITY OF RAMSEY, County of Anoka, State of Minnesota, and legally described as follows: That Part of Lot 1, Block 1, Riverview Bowl Lying Southerly of Westerly Extension of North Line Lot 2 Side Block 1, Together With Lot 3, Block 4 Riverside West, Subject to Easement of Record -or upon recording- Lots 1, 2 and 3, Block 1 Ebony Woods Subject Property (the ""); and WHEREASCITY , on June 17, 2008, pursuant to Resolution No. 08-06-103, the Ebony Woods approved the final plat of the Subject Property, which plat is known as (the "Plat "); and WHEREASCITYDEVELOPER , the and the entered into a Development Agreement for Ebony Woods that established certain development fees; and WHEREAS , following the execution of the Development Agreement it was discovered Subject Property that the was assessed for sewer and water trunk fees at a commercial rate in Subject Property 2005 as part of Improvement Project IP 05-23; however, the was not charged for stormwater management fees as no development of the Subject Property was pending at the time; and WHEREASSubject Property , the was subsequently rezoned to R-1 Residential; and WHEREASDEVELOPERCITY , the and the have determined that it is appropriate to reconcile the development fees established in the Development Agreement for Ebony Woods based on assessments paid on the Subject Property in 2005.