The URL can be used to link to this page

Home My WebLink About[08b] Release 1983 Clinton Village AgreementCITY OF NT. JOSKPH MEETING DATE: June 17, 2010 Council Agenda Item 8(b) AGENDA ITEM: Release 1983 Clinton Village Agreement SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: In 1983 the City entered into an agreement to provide utility services for a development known as Clinton Village. The Agreement identified the payment for the 1970 Water Improvement and the 1961 Wastewater Improvement as well as hookup fees. BACKGROUND INFORMATION: The property at 117 — 7th Avenue is in the process of closing and when the title work was completed the 1983 Agreement surfaced as an encumbrance. The title company is requesting release of the agreement which requires Council action. Therefore this matter cannot wait until your next Council meeting. The Agreement is fully satisfied as when the homes were built the utility assessments and hookup;fees were paid in full. The agreement does not have a purpose anymore. So that other property owners do not run into the same types of issuing we have prepared a document that will release any claim on the entire subdivision. ATTACHMENTS: Request for Council Action 8(b):1 -2 Release of Claim 8(b):3 -4 Letter to Title Company on status 8(b):5 Original Document 8(b):6 -8 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Release of Claim, clearing title issues for the property located at 117 — 7 t Avenue NW. 8(b):1 THIS PAGE INTENTIONALLY LEFT BLANK 8(b):2 RELEASE OF CLAIM Whereas, on June 8, 1983 the City of St. Joseph, a Minnesota Municipal Corporation, herein after called the "City" entered into an agreement with Cletus Bechtold and Monica Bechtold, husband and wife, James R. Landwehr and Frances Landwehr, husband and wife, and Donald H. Landwehr, divorced and unremarried, hereinafter called the "Owners "; and Whereas, the agreement between the City and Owners identified the payment for the 1961 Sanitary Sewer Assessment and 1970 Water System Assessments and hookup charges for a development known as Clinton Village. The property covered by this agreement include the following: Lots 1 through 10 Block 1; Lots 1 through 16 Block 2; Lots 1 through 19 Block 3 and Lots 1 through 4 Block 4; all lying within the Clinton Village Addition; and Whereas, the Clinton Village Addition is completely developed and all special assessments and hookup fees were due and payable prior to occupancy. Now Therefore Be It Resolved that the agreement filed with Stearns County, Document No. 557937 (see below), is satisfied and hereby released and discharged of record. Document No. 557937 Dated: June 8, 1983 Filed: Sept. 29, 1983 Book: 103 of A & A Page: 533 8(b):3 Adopted by the City Council this day of , 2010 Alan Rassier, Mayor ATTEST Judy Weyrens, Administrator STATE OF MINNESOTA COUNTY OF STEARNS On this day of , 2010, to me known to be the Mayor of St. Joseph, Alan Rassier and the Administrator of St. Joseph, Judy Weyrens, who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public (SEAL) THIS INSTRUMENT WAS DRAFTED BY: Judy Weyrens Administrator, City of St. Joseph PO Box 668 St. Joseph MN 56374 Telephone: (320)363 -7201 8(b):4 CITY OF ST. JOSEPH www.cityofstjoseph.com June 14, 2010 Administrator Quarry Title Judy Weyrens Attn: Leah PO Box 7458 St. Cloud MN 56302 Mayor AI Rassier RE: 117-7 th Avenue N Councilors Lot 6, Block 1, Clinton Village Steve Frank Bob Loso Dear Leah: Renee Symanietz Dale Wick VIA EMAIL leah.drontle @quarrytitle.com The purpose of this letter is to verify that the property legally described as Lot 6, Block 1, Clinton Village has paid in full the assessment and hookup charge referred to in recorded document number 557937. Therefore, the aforementioned property does not have any outstanding invoices relating to the 1961 Sanitary Sewer Project or 1970 Water System Project. In an effort to resolve this matter for the future, the City Council will be executing a lien release on June 17, 2010. Upon execution and payment to the City for preparation and execution of the lien waiver, the document will be forwarded to your office for attachment to the property. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, CITY OF ST. JOSEPH J ey ens trator zs College Avenue North - PO Box 668 . Saint Joseph, Minnesota 56374 Phone zo. 6 zoi 8(b):5 3 3 3.7 Fax 3zo.363.o34z The City of St. Joseph, a Agreement betwee the City and 45. Landowners on pa ?-M- of)1961 Minnesota Municipal Corporation Sanitary Sewer Assessments (hereinafter called the "City ") 1970 Water System Assessments and and Hook -up charges for Cletus Bechtold and Monica Clinton Village Addition to Bechtold, husband and wife, St. Joseph, Min esota. James R. Landwehr and Frances Dated June 8, 983 Landwehr, husband andwife, Filed Sept. 29 1983 and Donald H. Landwehr, divorced Book 103 of A &!A page 533 and unremarried (hereinafter the "owners ") Document No. 557937 WHEREAS, Cletus Bechtold and-;Monica Bechtold, husband and' wife, are the fee owners of the following described property subject to a Contract for Deed selling the property to James R. Landwehr and Donald H.-Landwehr: Clinton Village Additionrto St. Joseph, Minnesota, and also described as Lot 3 and part of Lot 4, Auditor's Subdivision Number 4 and part of the Original +Town of St. Joseph, being: that part of the Northwest Quart e124, Southeast Quarter of Section 9, Township Range 29, Stearns Countat thennortheastscornbr, as'follows: Beginning of said Northwest Quarter of the Southeast Quarter= thence West along the north line thereof for 642.03 feet to the west line of the East 29.90 chains of the Southeast Quarter of said Section 91 thence South along said west .I line of the East 29.90 chains awn and 2085�18feet to a line drawn p g northerly of, as measured at4ri2htsaid� center the center line of County Road , line being the westerly extension bf the center line of Minnesota'Street in the Townsite of St. Joseph. according_ to the :plat thereof on file and of record in the office of the Cthence Recorder in and for said Stearns County; ii easterly along said parallel'line for ht0anlles feet to a line drawn northerly, at rig g to said center line of County Road 2, from a i point thereon distant 1977:70 feet westerly 'of an iron monument at the intersect ipn of the continued on next page. 8(b):6 Entry No.,45 continued center lines of said Minnesota Street and Iowa Street-in said Townsite of St. Joseph; thence continue easterly, deflecting 00 degrees, 01 minute and 20 seconds'to the right, for 109.73 feet;`'thence .southerly, deflecting 88 degrees, 58 minutes and 40 seconds to the right, for 208.67 feet to the center-line of said County Road 2; thence easterly along said center line for 66.00 feet; thence northerly at right angles to said center line for 208.64 feet; thence easterly for 109.79 feet to a point that is 117.00 feet westerly and 208.60 feet northerly of the intersection of said center line of County Road 2 with the west line of PARK :TERRACE according to the plat thereof on file and of record in the office of the County Recorder in and for said Stearns County, said distances of 117.00 and 208.60 being respectively measured along and at right angles to said center line; thenoe easterly and parallel with said center line of County Road 2 for 172.56 feet tp'the east line of said Northwest Quarter of the Southeast Quarter; thence North along said east line for 1011.81 feet to the point o£ beginning. Containing 16.66 acres, subject to the right of way of said County Rood 2. The above- described property which is also known as Clinton Village Addition to the City of St. Joseph, Minnesota, 2which contains Lots 19.1 through•10, Block 1, Lots 1 through,16, Block Block 3 and Lots 1 through 4, Block 4, all in Clinton Village Addition. WHEREAS, the City has made assessments on a portion of the above - described property for the 1961 Sanitary Sewer ProjcC and then deferred payment on a portion of the assessments; an WHEREAS, the City has made'assessments on a portion of the above- described property for the'1970.Water System Project and then : deferred payment on a portion of the assessments; and WHEREAS, that portion of the above - described property. which was not assessed in the 1.961 Sanitary. Sewer Project and the 1970 Water System Project is subject to hook -up charges to the City of St. Joseph; and WHEREAS, the City and - Owners desire tot set tforth {ayments writing their agreement on the amounts owed and P will be due on the 1961 Sanita�► Sewer Project, the 1970 Water System.Project and the hook -up, charges. Entry no. 45 Continued. Entry No. 45•continuea NOW THEREFORE, in consideration of, the premises and of the mutual promises.and conditions hereinafter contained, it is hereby agreed as follows: (1) The total amount due from the Owners on the 1961 Sanitary Sewer Project, the 1970 Water System Project and the hook -up charges for Clinton Village Addition is $31,754.84. (2) The ttotaaleamougtemue from Assessment andlthent6okyupecharges Assessment, the 197 Y shall be prorated equally between each+ of. the 49 lots in Clinton. liable for $64.8! 06. The Village Addition and each lot-shall be, amount due for each lot shall become due and pay able in full when the Owner,of that particular lot requests either City sanitary service or City water service. No interest shall accrue on the .amounts due. (3) This Agreement and the amounts due the City under this Agreement shall be binding on the.Owners, their heirs, successors and assigns and this Agreement shall run with the land full- and-shall bind any subsequent Owner of the land until Paid in cu 8(b):8