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10-07CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2010- 07 RESOLUTION REASSESSING AND DEFERRING CERTAIN ASSESSMENTS FOR IMPROVEMENT S TO COUNTY ROAD 42 AMONG PROPERTIES OWNED BY APPELLO GROUP, LLC LYING WITHIN THE PLATS OF GREAT RIVER CENTRE OF OTSEGO, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION AND GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION WHEREAS, Appello Group, LLC (APPELLO) has requested that the City of Otsego (CITY) reassess and reallocate assessments for Improvements to County Highway 42 already assessed and certified against the property identified as OUTLOT D, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION in order to facilitate recording of a newly approved Plat of OUTLOT D known as GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION; and WHEREAS, the Plat of GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION includes LOT 1, BLOCK 1 and OUTLOT A; and WHEREAS, APPELLO seeks to convey LOT 1, BLOCK 1 to a third parry without any obligation by said third party to pay assessments currently allocated to that Lot; and WHEREAS, APPELLO consents to the reassessment of those assessment amounts allocated to the newly created LOT 1, BLOCK ($87,602.31) as well as 2010 assessments on OUTLOT D, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION ($ 70,471.87) on a per square foot basis against those properties identified on Exhibit A attached hereto; and WHEREAS, APPELLO has petitioned for said reassessment and has waived all hearing and notice requirements, has waived any irregularities in procedure, has agreed that the parcels identified are benefited in at least the amount of the current assessment plus the reassessment amounts, and has waived any and all rights of appeal under Minn. Stat. 429.081 or otherwise. NOW THEREFORE the CITY COUNCIL of the City of Otsego resolves as follows: 1. All current assessments for County 42 Improvements allocated to the approved LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION ($87,602.31 in future assessments attributable to LOT 1, BLOCK 1) are hereby removed from that parcel and reassessed and reallocated to those parcels identified in Exhibit A attached hereto on a per square foot basis to be certified against those parcels for 2010 taxes payable in 2011. 2. The current 2010 assessment for OULOT D, GREAT RIVER CENTRE SECOND ADDITION (replatted as GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION) in the amount of $70,471.87 is deferred for one year with interest and is reassessed to those parcels identified on Exhibit A on a per square foot basis to be certified against those parcels for 2010 taxes payable in 2011. 3. City staff are hereby directed to undertake administrative procedures necessary to effectuate this Resolution. +)^ ADOPTED this IL—day of March, 2010 by the City Council of the City of Otsego, Wright County, Minnesota. IN FAVOR: Mayor Stockamp; Councilmembers: Heidner, Darkenwald & Scharber OPPOSED: None. CITYOF OTSEGO Tani off, City Clerk 2 EXHIBIT A APPELLO PROPERTIES OVER WHICH FUTURE ASSESSMENTS FOR LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION AND 2010 ASSESSMENTS FOR OUTLOT G, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION ARE TO BE REASSESSED AGAINST OUT LOT A, GREAT RIVER CENTRE OF OTSEGO THIRD ADDITION LOT 1, BLOCK 2, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION LOT 1, BLOCK 3, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION LOT 2, BLOCK 3, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION LOT 1, BLOCK 4, GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION OUTLOT I, GREAT RIVER CENTRE OF OTSEGO