14-049CITY OF SHOREWOOD
RESOLUTION NO. 14 -049
A RESOLUTION PERMITTING A SHOREWOOD PROPERTY OWNER
TO CONNECT TO THE EXCELSIOR MUNICIPAL WATER SYSTEM
WHEREAS, Gerhardt Mahling and Ping Chen (Owners) own real property within the
City of Shorewood; and
WHEREAS, the City of Shorewood owns a municipal water system which does not
presently serve the owners' property; and
WHEREAS, Owners are desirous of connecting to the Excelsior Municipal Water
System; and
WHEREAS, Owners have executed an agreement with the City of Shorewood
specifically waiving any claims or defenses to a future assessment for water by the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. That the Mayor and City Clerk are hereby authorized to execute the Water
Agreement attached hereto as Exhibit A on behalf of the City Council.
2. That said Water Agreement be filed with the City Clerk for future reference in the
event that Shorewood extends water service into Owners' property.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of
June, 2014.
'17
Scott y, Ma (O
ATTEST:
X 6U4 �eA
Je Panchyshyn, City Clerk
WATER CONNECTION AGREEMENT
THIS AGREEMENT, made this day of �CC e�2, , 2014, by and
between the CITY OF SHOREWOOD, a municipal corporation, (the "City ") and Ping Chen and
Gerhardt Mahling, (the "Applicants ").
WHEREAS, Applicants have an interest in certain real property (the "Subject Property ")
located in the City of Shorewood at 23425 Academy Avenue, legally described as:
"Lot 2, Block 1, James Hill, Hennepin County, Minnesota "; and
WHEREAS, the City owns a municipal water system which does not presently serve the
Subject Property; and
WHEREAS, the Applicants desire to interconnect with the Excelsior Municipal Water
System and pay to the City of Excelsior a connection charge therefor; and
WHEREAS, the City is willing to permit Applicants to connect to the Excelsior
Municipal Water System provided that Applicants agree to the provisions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Applicants shall have the right to interconnect with the Excelsior Municipal Water
System and pay to the City of Excelsior a connection charge therefor.
2. All work involved in such interconnection will be done according to City
specifications and under City supervision and all expenses and costs connected therewith will be
paid by Applicants.
3. In the event that City extends the Shorewood municipal water system to serve the
Subject Property at some time in the future, Applicants agree to pay any assessment in
connection therewith on the same basis as all other properties assessed at that time, and
Applicants herewith specifically agree to waive any claims or defenses to said assessment based
upon a theory of no benefit because of the water connection allowed herein.
4. It is further agreed by and between the parties that this Agreement shall run with
the land and shall benefit and be binding upon their respective legal representatives, successors
and assigns.
5. That the Applicants record this Agreement with the Hennepin County Recorder or
Registrar of Title within thirty (30) days of Excelsior's approval of the connection.
Exhibit A
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
APPLICANTS CITY OF SHOREWOOD
P'ng Chen
Gerhardt Mahling
STATE OF MINNESOTA
SS.
Sddtt Zerby, N14or
,t
Jean Panchyshyn, Ci Clerk
COUNTY OF HENNEPIN
4
On this day of )u r[ _ , 2014, before me, a Notary Public within and for
said County, personally appeared Scott Zerby and Jean Panchyshyn to me personally known,
who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of
the municipal corporation named in the foregoing instrument, and that said instrument was
signed and sealed on behalf of said corporation by authority of its City Council, and said City
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this %%` day of
L , 2014, by Ping Chen and Gerhardt Mahling.
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