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HomeMy WebLinkAbout1983-129 CCRMember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 83 -129 RESOLUTION ADOPTING ASSESSMENT FOR 51ST AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1982 -07 WHEREAS, the City Clerk, with the assistance of the City Engineer, has prepared the proposed assessment roll identifying each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same for the following described project: Improvement Project No. 1982 -07 Construction of water main along 51st Avenue North extended westerly from East Twin Lake Boulevard WHEREAS, the City Clerk has recommended that City Council Resolution No. 83 -106 be amended to state that the amount to be assessed against the benefited properties be declared to be $34,981.18 and the amount to be paid by the City be declared to be $172.62; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections as it deems just for the said improvement; and WHEREAS, written objection has been received from Tri -State Land Company, owner of that parcel.of land described as: Unplatted Section 10, Township 118, Range 21 commencing at a point where the southeasterly line of Lake Drive (now known as East Twin Lake Boulevard) extended southwesterly intersects the north line of Government Lot 2, thence southwesterly along said extension 11.95 feet to the actual point of beginning; thence westerly 423.58 feet to a point 20 feet south of the north line of Government Lot 2; thence northwesterly 100 feet to a point in said north line 527.98 feet west from the point of beginning; thence west along said north line 300 feet; thence south at right angles 50 feet; thence west at right angles 100 feet; thence north at right angles 50 feet; thence west to the westerly line of Government Lot 2; thence southerly to the northeasterly line of the Railroad right of way; thence southerly along said right of way line to the south line of the north 160 feet of Government Lot 2; thence easterly along the last described line to its intersection with a line running south at right angles to the north line of Government Lot 2 through the point of beginning; thence north to the point of beginning. to the proposed assessment in the amount of $21,191.18, which purports to be in the form required by Minnesota Statute 429.061, Subdivision 1; and WHEREAS, the City Council reserves its right to object to the form, content, timeliness, and other objections to the said written objection: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: RESOLUTION NO. 83 -129 1. The hearing on the protest of Tri -State Land Company as to said property described above is adjourned until September 26, 1983, at 8:00 P.M. in the Brooklyn Center Council Chambers. 2. The proposed assessment of Tri -State Land Company in the amount of $21,191.18 on the above described property, is hereby deleted from the proposed assessment roll without prejudice to the right of the City Council to give further consideration thereto. 3. The City Engineer is hereby directed to make further detailed investigations regarding benefits to said property, which detailed investigations shall be presented to the City Council. 4. Such proposed assessment, as amended, a copy of which shall be certified to by the City Clerk and filed in his office, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 5. Such assessment for all parcels except Tract B, Registered Land Survey No. 235 shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January, 1984, and shall bear interest at the rate of twelve percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment for sixteen months from September 1, 1983, until December 31, 1984. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 6. Tract B, Registered Land Survey No. 235 (P.I.D. 10- 118 -21 -21 -0007) is benefited by said improvement and is subject to a hookup charge at such time that said property is developed beyond its present joint use with Tract A, Registered Land Survey No. 235 as a single residential site. Said hookup charge shall be determined by the City Council at the time of said development, in accordance with the provisions of Minnesota Statutes, 444. 7. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION N0. 83 -129 i1 8. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. August 22, 1983 n�4-o ATTEST: m The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same:none, whereupon said resolution was declared duly passed and adopted.