Resolution - #09-10-253 - 10/27/2009

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Councilmember Elvig introduced the following resolution and moved for its adoption: RESOLUTION #09-10-253 A RESOLUTION AUTHORIZING DIVISION OF REMAINING ASSESSMENT BALANCE FOR IMPROVEMENT PROJECT #05-23 BETWEEN TWO OF THREE LOTS OF EBONY WOODS WHEREAS, on June 17, 2008, the City granted final plat approval to Tim Holm, hereinafter referred to as "Applicant", for a minor subdivision to re-plat one lot into three, buildable lots on the following legally described properties located in the City of Ramsey: 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 (the "Subject Property"); and WHEREAS, the Subject Property was issued an assessment in the amount of Forty Three Thousand Fifty Two Dollars and No Cents ($43,052) related to Improvement Project #05-23 (the "Assessment"); and WHEREAS, the Applicant has made total payments to date in the amount of Seventeen Thousand Two Hundred Twenty Dollars and Eighty Cents ($17,220.80), leaving a remaining balance of Twenty Five Thousand Eight Hundred Thirty One Dollars and Twenty Cents ($25,831.20) (the "Remaining Balance") on the Assessment; and WHEREAS, the Remaining Balance needs to be divided between Lots 1, 2, and 3, Block 1, Ebony Woods; and WHEREAS, the City has the authority and discretion to divide the assessments as it feels fair and equitable; and WHEREAS, the City in the past has divided remaining assessment balances equally among newly subdivided parcels based on lot size; and WHEREAS, the Applicant has requested that the Remaining Balance be divided equally among Lots 2 and 3 with no assessment balance attributed to Lot 1; and WHEREAS, the City would still receive payments on the Remaining Balance from the Applicant until the Remaining Balance is paid in full or when the Lots 2 and 3 or sold, in which case the Remaining Balance for the lot being sold must be paid in full upon sale; and WHEREAS, the Applicant has a delinquent tax payment in the amount of Five Thousand Nine Hundred Sixty Four Dollars and Sixty Nine Cents ($5,964.69); and WHEREAS, the Applicant has not made a tax payment for 2009, for a total tax Cumulative Due in the amount of Eleven Thousand Sixty One Dollars and Forty Two Cents ($11,061.42); and WHEREAS, the Applicant has an outstanding balance on Escrow # 11 0465 in the amount of Nine Hundred Twenty Four Dollars and Ninety Nine Cents ($924.99).