14-048CITY OF SHOREWOOD
RESOLUTION NO. 14 -048
A RESOLUTION PERMITTING A SHOREWOOD PROPERTY OWNER
TO CONNECT TO THE TONKA BAY MUNICIPAL WATER SYSTEM
WHEREAS, Northern States Power Company (Owner) owns real property within the
City of Shorewood; and
WHEREAS, the City of Shorewood owns a municipal water system which presently
serve the owner's property for its primary water supply; and
WHEREAS, Owner needs to provide a fire suppression system for its property; and
WHEREAS, the proximity of the Tonka Bay Municipal Water System at the north
boundary of the property is the most practical point of connection for the fire suppression system;
and
WHEREAS, Owner is desirous of connecting to the Tonka Bay Municipal Water
System; and
WHEREAS, Owner has executed an agreement with the City of Shorewood specifying
that interconnection with the Tonka Bay Municipal Water System is exclusively for the purpose
of providing a fire suppression system to the property and that the Owner will continue to use the
Shorewood Municipal Water System as its primary source of water supply.
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 the Applicant record the Agreement with the Hennepin County Recorder or
Registrar of Title within thirty (30) days of Tonka Bay's approval of the connection.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 "d day of
June, 2014.
Scut:_ erby; y r
ATTEST:
Je. n Panchyshyn, Ci6 Clerk
WATER CONNECTION AGREEMENT
THIS AGREEMENT, made this a5 r4 day of Skru , 2014, by and
between the CITY OF SHOREWOOD, a municipal corporation, (the "City ") and Northern States
Power Company (a.k.a. Xcel Energy), (the "Applicant ").
WHEREAS, the Applicant has an interest in certain real property (the "Subject Property ")
located in the City of Shorewood at 5505 County Road 19, legally described on Exhibit A,
attached hereto and made a part hereof, and
WHEREAS, the City owns a municipal water system which presently serves the Subject
Property for its primary water supply; and
WHEREAS, the Applicant needs to provide a system for fire suppression to the Subject
Property and has determined the that proximity of the Tonka Bay water main at the north
boundary of the site to be the most practical means to supply water for the fire suppression
system; and
WHEREAS, the Applicant desires to interconnect with the Tonka Bay Municipal Water
System for the exclusive purpose of providing fire suppression for the Subject Property, and pay
to the City of Tonka Bay any connection charge therefor; and
WHEREAS, the City is willing to permit the Applicant to connect to the Tonka Bay
Municipal Water System provided that the Applicant agrees to the provisions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. The Applicant shall have the right to interconnect with the Tonka Bay Municipal
Water System and pay to the City of Tonka Bay any 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 the Applicant.
3. It is agreed by and between the parties that the interconnection with the Tonka
Bay Municipal Water System is exclusively for the purpose of providing a fire suppression
system to the Subject Property and the Applicant shall continue to use the Shorewood Municipal
Water System as its primary source of water supply.
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 Applicant record this Agreement with the Hennepin County Recorder or
Registrar of Title within thirty (30) days of Tonka Bay's approval of the connection.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
APPLICANT
Northern States Power Co., Applicant
By:
Its:
STA'T'E OF MINNESOTA
SS.
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
S Zerby, M
Jean I�anchyshyn, City C rk
On this , 3� day of ual- 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.
I'ATRICIA L. FASCNING
NOTARY PUBLIC - MINNESOTA
.;,,;a ".' My Ganmission Ezpres Jan. 31, 2015
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me this day of
_, 2014, by , Northern States Power Company.
Notary Public
LEGAL DESCRIPTION:
The following legal description is as shown on First American Title Insurance Company
Commitment File No. NCS- 56330 -MPLS with an commitment date of September 13, 2010.
Parcel A:
Lot 5, AUDITOR'S SUBDIVISION NUMBER 133, except that part thereof that lies southerly of the
following described line: Beginning at a point of the east line of said Lot 5, distant 518.85 feet
south of the northeast corner thereof; thence southwesterly, deflecting 36 degrees 30 minutes,
measured from South to West a distance of 144.46 feet; thence westerly deflecting 27degrees 00
minutes, a distance of 34.65 feet, more of less, to the northeasterly line of County Road No. 19
and there terminating. (Abstract)
Parcel B:
That part of the North Half of the Northeast Quarter of Section 33, Township 117 North, Range
23 West of the Fifth Principal Meridian, bounded and described as follows; Beginning at the
northeast corner of the following described tract: The West 200 feet, measured at right angles to
the west line, of that part of Tract A, Registered Land Survey No. 482, lying northerly of a line
drawn easterly from a point on the west line of said Tract A, said point being 100 feet southerly <
of the northwest corner of said Tract A, to a point on the east line of said West 200 feet, distant
100 feet southerly of the northeast corner of said west 200 feet; thence northerly along the
northerly extension of the easterly line of the above described tract to a point distant 25 feet
southerly, measured radially, from the center line of the main track of the Chicago and
Northwestern Transportation Company (formerly the Minneapolis and St. Louis Railway
Company), as said main track is now located; thence westerly parallel and 25 feet southerly of
said main track centerline to the easterly line of Hennepin County Highway No. 19; thence
southerly along the easterly line of said County Highway to an iron monument on the easterly
line of said County Highway, distant 50 feet southerly, measure at right angles, from the center
line of said main track; thence Easterly along the southerly right of way line of the said Chicago
and North Western Transportation Company to a Judicial Land Monument located at the
northwesterly corner of Tract A, Registered Land Survey No 482; thence easterly along the
northerly line of said Tract A to the point of beginning. (Abstract).
Parcel C:
The West 200 feet, measured at right angles to the West line, of that part of Tract A, Registered
Land Survey No. 482, County of Hennepin, lying Northerly of a line drawn Easterly from a point
on the West line of said Tract A, said point being 100 feet Southerly of the Northwest corner of
said Tract A, to a point on the East line of said West 200 feet, distant 100 feet Southerly of the
Northeast corner of said West 200 feet. (Torrens)
Exhibit A