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Agenda - Council Work Session - 02/01/2005
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Agenda - Council Work Session - 02/01/2005
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1/31/2005 8:06:13 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
02/01/2005
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Improvements against the UnSold Subject Property pursuant to Minnesota <br />Statutes, Chapter 429. The special assessment will be allocated among the <br />lots and outlots that conStitute the Unsold Subject Property pursuant to the <br />percentages set forth on Exhibit F-1. The special assessment will be <br />payable in a single installment, but the City will defer the obligation to pay <br />the special assessment until the.earlier of the date three years after the date <br />the CitY levies the special aSsessment or the date the City approves a final <br />plat replatting all or a portion of the Unsold Subject Property. <br />Notwithstanding the foregoing, the special assessments due an.d payable <br />with respect to Outlot I, Ils:this the correct legal description of the <br />Ramdance ParCel? YES]; 'RAMSEY TOWN CENTER ADDITION, <br />Anoka County, Minnesota will be payable ina single installment upon the <br />later of the date thirty (30) days after the City levies the special assessment <br />or March 1, 2005. If the DeveloPer replats a portion of the Unsold Subject <br />Property, the special assessment will be due only with respect to the tax <br />parcel or parcels that inglude all or a portion of the Unsold Subject <br />Property that is being ,replatted and the special assessment will remain <br />deferred for the balance of' the Unsold Subject Property. The Developer <br />and the Interested Parties hereby consent to the city's levying of a special <br />assessment against the Unsold Subject Property for the City Phase II <br />Roadway Improvements .in an amount equal to $465,200.00 pursuant to <br />Minnesota Statutes, ChaPter 429, 'the City Charter and the citY <br />Ordinances, and hereby waive any and all procedural and substantive <br />objections to a special .assessment in that amount, including, but not <br />limited to, notice and hearing.requirements, claims that the Unsold Subject <br />Property, or any part thereof, does not receive a benefit from the City <br />Phase II Roadway Improvements, claims that property other than the <br />Unsold Subject Property receiv.es a benefit from the City Phase II <br />Roadway Improvements, claims that the assessment is not uniform Upon <br />the same classes of propertY and claims that the amount of the special <br />assessment allocated to any lot or outlot pursuant to Exhibit F-1 exceeds <br />the benefit to such lot or outlot. The Developer and the h~terested Parties <br />also waive any appeal rights otherwise available pursuant to Minnesota <br />Statutes, Section 429.081 and any. rights available under the City Charter <br />or the City Ordinances. The consents and waivers set. forth in this Section <br />7.12 run with title to the Unsold Subject Property and are binding on the <br />Developer and its successors and assigns. Until the City levies the special <br />assessment, the special~ assessment constitutes a pending special <br />assessment. If a subsequent final plat for a Phase sUbdivides one or more <br />of the lots or outlots referenced on Exhibit F-l, the City must allocate the <br />special assessment pending'0r leVied against that lot Or outlot amOng the <br />lots or outlots created by such final plat. The Developer or a Secondary <br />Developer, if applicable, must prepare and submit to the City, for its <br />review, a proposed allocation Of the pending or levied sPecial assessments <br />among the lots or outlots created by such final plat. The City must adopt <br />the Developer's or, if applicable, a Secondary Developer's proposed <br /> <br />} 7 I()f~52v 2 <br /> <br />11 <br /> <br />-17- <br /> <br /> <br />
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