RES 20-75PETITION FOR REASSESSMENT BY LAND OWNER
UNDER MINN. STAT. §§ 429.071 SUBD. 2,429.031, SUBD.1(F).
To the City Council of Otsego, Minnesota:
We, the owners of real property located at the Southwest Quarter of the Northeast Quarter of
Section 22, Township 121, Rage 23, Wright County, Minnesota ("Subject Property") hereby
petition that the existing special assessment be reassessed pursuant to Minn. Stat. § 429.071
subd. 2, and that the city assess the entire cost of the reassessment against the Subject Property
described above and hereby agree to pay the entire cost as re -assessed by the city. Further, we
waive all notice and hearing requirements in the interest of expediting this reassessment.
Date: (% /q Sao OWNER
Kevin f efebvre
Benita Lefebvre
Examined, checked, and found to be in proper form and to be signed by the required number of
owners of property affected by the making of the reassessment petitioned for.
Deputy City° erk
2120710
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
RESOLUTION 2020-75
REASSESSING SPECIAL ASSESSMENT
WHEREAS, Kevin Lefebvre and Benita Lefebvre, husband and wife, ("Owners") have petitioned
the city to reassess the special assessment on their property legally described as Northeast Quarter
of Section 22, Township 121, Rage 23, Wright County, Minnesota ("Subject Property");
WHEREAS, the existing assessment was adopted on November 13, 2007 by the Otsego City
Council, Res. 2007-75 as a result of the Development Agreement Great River Centre of Otsego
signed May 16, 2006 and recorded as Document Number Al 014006 with the Office of the County
Recorder, Wright County, Minnesota on June 15, 2006 and the existing assessment has a current
balance of Seven Hundred Sixty Two Thousand Seven Hundred Forty Two and 78/100 Dollars
($762,742.78) which includes all interest accrued since the date of adoption;
WHEREAS, the petition is sufficient under Minn. Stat. §429.031 subd. 1(f) to begin Chapter 429
proceedings as the Subject Property is the only remaining assessment parcel besides other property
owned by Owners that is subject to Res. 2007-75 and the Development Agreement Great River
Centre of Otsego;
WHEREAS, the City has received the following signed Reassessment Agreement (Exhibit A)
waiving all applicable assessment procedural requirements including public notice and public
hearing requirements and requesting to be reassessed in the amount itemized therein for the
Subject Property; and
WHEREAS, the council has met and heard and passed upon all objections to the proposed
reassessment of the assessments previously levied on the Subject Property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. The signed Reassessment Agreement is hereby accepted and approved.
2. Reassessment shall be in the amount of Five Hundred Twenty Four Thousand Eight
Hundred Thirty Five and 8/100 Dollars ($524,835.08).
3. The Reassessment shall be deferred until rezoning of the property in the same manner as
the original assessment was deferred, and shall bear the interest rate of 4.375% per annum which
is the same interest rate as the original assessment. Interest shall begin accruing from the date of
adoption of this Resolution.
4. The Owners, at any time prior to certification of the assessment to the County Auditor,
may pay the whole of the assessment on the Subject Property, with interest accrued to the date of
payment, to the City, except that no interest shall be charged if the entire assessment is paid
within thirty (3 0) days from the adoption of this Resolution; and such owner may at any time
thereafter, pay the City 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 next
succeeding year. The Owners may also at any time prior to November 15, of any year, pay the
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remaining unpaid principal balance with interest accrued to December 31 of the year in which
such prepayment is made.
5. The Deputy City Cleric shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the County.
PASSED AND DULY ADOPTED by the Otsego City Council this 26th day of October, 2020.
Jessica L. Stockamp, Mayor
ATTEST:
Bethany Benting, Deputy Pity Clerk
212071v3
REASSESSMENT AGREEMENT
AGREEMENT made this 26th day of October, 2020, by and between the CITY OF
OTSEGO, a Minnesota municipal corporation ("City") and KEVIN LEFEBVRE AND
BENITA LEFEBVRE, husband and wife ("Owners").
RECITALS
A. The Owners are the owner of property legally described as Northeast Quarter of
Section 22, Township 121, Rage 23, Wright County, Minnesota ("Subject Property").
B. The existing assessment was adopted on November 13, 2007 by the Otsego City
Council, Res. 2007-75 as a result of the Development Agreement Great River Centre of Otsego
signed May 16, 2006 and recorded as Document Number Al014006 with the Office of the County
Recorder, Wright County, Minnesota on June 15, 2006 and has a current balance of Seven
Hundred Sixty Two Thousand Seven Hundred Forty Two and 78/100 Dollars ($762,742.78) which
includes all interest accrued since the assessment was adopted.
C. The Subject Property is the only remaining assessment parcel besides other
property owned by Owners that is subject to Res. 2007-75 and the Development Agreement Great
River Centre of Otsego;
D. The Owners have submitted a petition for a reassessment, waiving all notice and
hearing requirements in the interest of expediting this reassessment;
E. The City Council found the petition to be sufficient and began Minnesota Statute
Chapter 429 proceedings to complete the reassessment.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City will reassess the existing special
assessment against the Subject Property in this new assessment shall be in the amount of Five
Hundred Twenty Four Thousand Eight Hundred Thirty Five and 8/100 Dollars ($524,835.08).
This Reassessment shall be deferred until rezoning of the property in the same manner as the
original assessment was deferred, and shall bear the interest rate of 4.375% per annum which is
the same interest rate as the original assessment.
2. WAIVER. Owner, their successors and assigns, waive any and all procedural
and substantive objections to the special assessment, including but not limited to hearing
requirements, public notice requirements, alleged procedural irregularities, and any claim that the
assessment exceeds the benefit to the Subject Property. Owner waives any appeal rights
otherwise available pursuant to Minn. Stat. § 429.081.
3. RELEASE. Owner, their successors and assigns, hereby unconditionally release
and forever discharge the City, its elected officials, employees, agents, and insurers from any and
all claims and causes of action of whatever kind or nature that is in any way connected with or
related to the reassessment of the special assessment.
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4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
Owner and Owner's successors and assigns. This Agreement shall run with the land and may be
recorded against the title to the Subject Property.
CITY OF OTSEGO
}
t
Jesica L. Stockamp, Mayor
ATTEST:
. e
Bethany Be mg, Deputy x ' y Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ?,off day of
0C�6b.e/- , 2020, by Jessica Stockamp and Bethany Benting, respectively the Mayor
and Deputy City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of
the corporation pursuant to the authority granted by its City Council. k0;t-1VVL1
Notary Pu is
Kelly Anne Thelon
NOTARY PUBLIC
MINNESOTA
+?My Commission Expires Jan 31, 2025
2120710
OWNER
r
Kevin Lefebvre
Benita Lefebvre
STATE OF MINNESOTA
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this I day of
0&�y .e/- , 2020, by Kevin Lefebvre, spouse to Benita Lefebvre.
,rAl t�&'
NotaryP(Zblic
Kelly Anne Thelen
NOTARY PUBLIC
MINNESOTA
G'Y
Commission Expires Jan 31, 2025
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this I 1el day of
Q b'c/ , 2020, by Benita Lefebvre, spouse to Kevin Lefebvre.
THIS INSTRUMENT WAS DRAFTED BY
Campbell Knutson,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
212071A
Notary Nblic
9'Y
Kelly Anne Thelen
NOTARY PUBLIC
MINNESOTA
Commission Expires Jan 31, 2025