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HomeMy WebLinkAboutVIII-05 Authorize Signature - Water Service Repair Request - 527 Tiffany Drive City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Water Service Repair Assessment Request – 527 Tiffany Drive COUNCIL ACTION REQUESTED Jacob Van Meeteren is requesting the costs associated with a water service line repair at 527 Tiffany Drive be assessed to the afore mentioned property. The City of Hastings will pay for the repairs upfront, with all costs being reimbursed through the tax assessment process. The overall cost of the work in this case was $8.000.00. BACKGROUND INFORMATION The property owner (Jacob Van Meeteren) observed water leaking in his yard and contacted public works to investigate the issue. The problem was determined to be in the private water service line. The property owner and their contractor determined that the service line required excavation and replacement to repair the leak. All work was completed on August 6, 2024. ATTACHMENTS  Invoice for Work Completed  Resident Request for Financing  Data Practices Compliance Acknowledgement  Assessment Agreement VIII-05 Bauer Services of Welch, LLC Aaron Bauer 26469 130th Ave DATE:August 6, 2024 Welch, MN 55089 FOR:Van Meeteren 651-246-9153 INVOICE #08062024-6155 bauerservices@hotmail.com Jake Van Meeteren City of Hastings 527 Tiffany Drive Attn: Joe Spagnoletti Hastings, MN 55033 1225 Progress Drive Hastings, MN 55033 jspagnoletti@hastingsmn.gov AMOUNT ~ Temporary water hookup ~ Locates ~ Permit ~ Materials ~ Labor Total Due $8,000.00 Thank you for your business! Please make check payable to Bauer Services. Please feel free to contact Aaron Bauer with any questions regarding this inovice at 651-246-9153 or at bauerservices@hotmail.com. DESCRIPTION Water Service Replacement @ 527 Tiffany Drive Hastings, MN VIII-05 VIII-05 VIII-05 1 PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT is made this ____ day of ___________________, 2024, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Jacob A. Meeteren and Kacie M. Vaccaro, both single persons (the “Owners”). RECITALS A. The Owners are the fee owners of a parcel located at 527 Tiffany Drive, in the City of Hastings, Dakota County, Minnesota, legally described as: Lot 10, Block 1, Cari Park Fourth Addition, according to the recorded plat thereof, and situate in Dakota County, Minnesota PID: 19-16403-01-100 Abstract Property (“Subject Property”). B. The City has found that certain repairs to the private water service are required. C. The Owners will cause the construction of the required private water service repairs. D. The Owners have requested that the City assess the costs of construction of the required private water service repairs to serve the Subject Property. VIII-05 2 E. The Owners acknowledge that the required private water service repairs will benefit the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PRIVATE WATER SERVICE REPAIRS. The Owners will hire and approve a contractor of their choice to construct private water service repairs (“Improvements”) that serve the Subject Property. 2. SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for the water line repairs in return for Owners’ agreement to have the costs assessed against the Subject Property as provided for in this Agreement. The Owners agree to pay one hundred percent (100%) of the cost of the Repairs through the assessment process. The City will assess the Subject Property the following principal amount for the Repairs: $8,000.00 (“Assessment Amount”). The Assessment Amount shall be deemed adopted on the date this Agreement is signed by the City. The Assessment Amount shall be paid over a 5-year period without deferment, together at a rate of 4.36% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the City Council’s approval of this Agreement. The Owners further agree that the Assessment Amount may be exceeded if the increases are a result of requests made by the Owners or otherwise approved by the Owners in a subsequent written document. The first installment shall be due and payable with first half of property taxes in 2025. The Owners further agree that the City can assess an additional $50.00 which represents $5.00 per year for the term of the assessment to offset the fees imposed by Dakota County for this assessment, plus the City’s administrative fee. 3. WAIVER OF APPEAL. The Owners hereby authorize the City to certify to the Dakota County Auditor/Property Tax Assessor a special assessment against the Subject Property up to the Assessment Amount. The Owners hereby waive all rights to assessment notices, hearings, appeals, and procedural and substantive objections and all other rights pursuant to Minn. Stat. §429.061, §429.071 and §429.081 for the special assessment against the Subject Property up to the Assessment Amount, including, but not limited to, any claim that the Assessment Amount against the Subject Property exceeds the benefit to the Subject Property for the Improvement. The Owners acknowledge and agree that the benefit of the Improvement to the Subject Property does in fact equal or exceed the Assessment Amount. The Owners also acknowledge and agree that the Subject Property receives a special benefit equal to or exceeding the Assessment Amount. 4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Owners and the Owners’ successors and assigns. This Agreement may be recorded against the title to the subject property. [remainder of page intentionally blank] VIII-05 3 CITY: CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of , 2024, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by and after recording return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-05 4 OWNERS: JACOB A. VAN MEETEREN AND KACIE M. VACCARO By: Jacob A. Van Meeteren By: Kacie M. Vaccaro STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of , 2024 by Jacob A. Van Meeteren and Kacie M. Vaccaro, both single persons. Notary Public VIII-05