17-058P 2011
�,rty OF SHORE WOOD
Doc No A10483172
Certified, filed and /or recorded on
Sep 12, 2017 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26
Attested Copy or Duplicate Original
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
Pkg ID 1601769M
$2.00
$46.00
$48.00
Doc No T05477298
Certified, filed and /or recorded on
Sep 12, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1601759M
Attested Copy or Duplicate Original $2.00
Certified Copy of any document $10.00
Document Recording Fee $46.00
Document Total
$58.00
Existing Certs
1428930, 1428931, 1428932, 1428985, 1428986, 1428987, 1428988, 1428989, 1428991, 1428992, 1428995, 1428997,
1428998
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Certified to be a true and correct copy of the
original on file and of record in my office
SEP 2'5 2017
Mart[Q McCormick, Registrar of Titles
BY
This cover sheet is now a permanent part of the recorded document.
CITY OF SHOREWOOD
RESOLUTION NO. 17 - 0 5 8
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR MINNE' ONKA COUNTRY CLUB P.U.D.
WHEREAS, in 2016, the City of Shorewood approved a final plat and Development
Agreement for the Minnetonka Country Club (the Project), located at the southwest comer of the
intersection of Smithtown Road and Country Club Road, and includes lots legally described as:
Lots 1-�7jA lock 1; Lots 1 -5� Block 2; Lots 1- 10,ABjock 3; Lots 1- 13,ABlock 4; Lots
21- 24',AB1ock 5; Lots 1- 4ABlock 6; and Lots 1- 10,1vAlock 7, Minnetonka Country Club,
Hennepin County, Minnesota according to the recorded plat thereof; and
WHEREAS, the Project is subject to a Development Agreement (Agreement), dated
August 2, 2016 which outlines required setbacks for the Project; and
WHEREAS, Mattamy Homes, (Applicant), has requested an amendment to the
Agreement, that would allow encroachments into the side -yard setbacks and easements for below -
grade window wells; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Shorewood has approved a First Amendment to Development Agreement, as follows:
1. The Applicant's request for approval of this First Amendment to the Development
Agreement (Exhibit A) allowing certain side -yard setback and easement encroachments is hereby
approved, subject to the following:
2. Prior to the issuance of any permits for homes with the approved encroachments, the
Applicant must record the First Amendment to Development Agreement with the Hennepin
County Recorder.
3. This Resolution authorizes the Mayor and City Administrator to execute the First
Amendment to Development Agreement.
Adopted by the City Council of the City of Shorewood this 2611' day of June, 2017.
1
Scot er , a or
ATTEST:
Sandie Thone, City Cleric
SAPacI0c DataTw DataTianning\20I6 Cares \Minnetonka Country Club(MCCAlst Amendment to DAVesolullon.doc
FIRST AMENDME NT TO
DEVELOPMENT AGREEMENT
MINNETONKA COUNTRY CLUB
PLANNED UNIT DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AG EMENT, dated August 2,
2016 (the "Development Agreement ") made this day of , 2017, by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation, . t "City "), and MATTAMY
MINNEAPOLIS LLC, a Delaware limited liability company, (the "Developer ") setting forth
the amended rights and obligations of the parties relating to the Minnetonka Country Club (the
"Project ").
RECITALS
1. The Developer has an interest in certain lands legally described as;
Lots 1 -7;, Block 1; Lots 1-5 fl Block 2; Lots 1- IOeBlpo 3; Lots 1- 13pBlock 4; Lots
21 -24 tiIblock 5; Lots 1-4p Block 6; and Lots 1- 10�"$lock 7, Minnetonka Country
Club, Hennepin County, Minnesota, according to the recorded plat thereof, (the
"Property "); and
2. The Developer and City agree to allow certain encroachments into the required
side -yard setbacks and easements, for the lots listed in the above Planned Unit Development
( "PUD ") and propose to amend Paragraph IA as indicated below; and
3. The Developer and City agree that all other provisions in the Development
Agreement shall be unchanged and remain in effect.
In consideration of the mutual covenants and guarantees contained .herein, the parties
hereto agree to the following amendment. Language underlined identifies the amendment:
AGREEMENT
1. General Conditions of Approval. The Developer shall comply with the conditions
of approval as adopted by the City Council and set forth in Resolution No. 15 -073 and
Resolution No. 16 -013. In addition, development of the PUD is subject to the requirements of
the R -1C, Single - Family Residential zoning district, as, may be modified herein.
A. Minimum setbacks (for all structures) shall be as follows *:
(a)
Front:
35 feet
(b)
Rear:
40 feet
(c)
Side:
10 feet
(d)
Side yard abutting a street:
.35 feet
(e)
Wetland buffer /Setback:
35/15 feet
1
*Setbacks and exceptions to those set forth above are illustrated in a Setback
Map, attached hereto and incorporated herein as Exhibit G.
Below grade window wells will be allowed to encroach into the ten -foot. side-
yard setbacks and the standard side -yard drainage and utility easements for those
lots with a minimum of 90 feet of lot width, subject to the following restrictions:
(a) The affected easement shall not contain any public utility mains (water,
sewer or storm sewer).
(b) The below grade window well shall not encroach more than four feet into
the easement or required setback and shall not be greater than five feet in
width.
(c) The applicant for a building permit on the affected lot shall indicate on the
survey that any storm -water drainage around the window well maw
accommodated in the remaining easement.
(d) The window well shall not be constructed of poured concrete or otherwise
part of the foundation wall for the home. The below grade window well
shall be constructed of corrugated metal landscaping pavers or with other
approved materials which may be removed by the homeowner as needed
for work commonly conducted in drainage and utility easements by the
City of Shorewood or its contractors. The City of Shorewood shall not be
responsible .for restorirgg window wells disturbed by the City or a City
permitted contractor or private utility.
.(e) The City of Shorewood shall be held harmless for any damage to the
window wells or foundations walls related to any City of Shorewood
projects consistent with the drainage and utility purpose of the easement
2
III WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
MATTAMY MINNEAPOLIS, LLC
By:_ �1. B
Its:
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 2017, before me, a Notary Public within and for said
County, personally appeared Scott erby and Greg Lerud to me personally known, who, being
each by me duly sworn, did say that they are respectively the Mayor and City Administrator 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 Mayor
and City Administrator acknowledged said instrument to be the free act and deed of said
corporation.
No ry Public
STATE OF MINNESOTA "-
BREN0A K. PRICCO
ss. NOTARY PPLIC - MINNESOTA
COUNTY OF HENNEPIN PAY e� Jan; 31; 2020
On thisI iay ofLPLi_ t 2017, be ore me, a Notary Pu;k�lie ` within and for
said County, personally appeared —W tQt. (-( �[ d L , the V � C( ()1Et' .f Mattamy
Minneapolis LLC, a Delaware limited liability company, the Developer, described in and who
executed the foregoing instrument and acknowledged that it executed the same as the free act and
deed of said limited liability company.
Notary Public
Prepared by: ^`
Shorewood Planning Dept. Gall Aaa Brodersen
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
S.'T.6fio D.WU., DaWTI— ing\2016 Country Club ( MCC) \Im Amendmrnt W DA\Amrndmrnt.d.
3
MLiN��ota,qy Public - Minnesota
mission Expires o113112021
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACI
Uta,� -t m `{ M .- n o 2coou I,, _� 1, LCD fee owners of all or
part of the subject property, the development of which is governed by the foregoing First
Amendment to Development Agreement, affirm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this dayof �.r ,{ `- , 2017.
(___ La�Q__ ri&
By` GtC _ �_c (L Ls
Its: V 6 ce V-8 S
STATE OF MINNESOTA )
( ss.
COUNTY OF BENNEPIN )
The foregoing instrument was acknowledged before me this�lJ t�llay of
rl
2017, byl _ Kn, ce Lt O � S , l C-c- V7 � C i 1"V
16 /f
N TARY PUBLIC
Gail Rae 6rodersen
Notary Publio • Minnesota
My Commission Expires 0113112021
4
FEE OWNER CONSENT
TO
DEVELOPMENT
CalAtlantic Group, Inc, a Delaware corporation , fee owners of all or
part of the subject property, the development of which is governed by the foregoing First
Amendment to Development Agreement, affirm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this 30 �? dayof ' I-A VI C... , 2017.
By;
Its: Operational Vice President
STATE OF NIINNESOTA )
( ss.
COUNTY OF BENNEPIN )
The foregoing instrument was acknowledged before me this 0 1 day of J ( 4-411 r, ,
2017, by Michael W. DeVoe, Operational Vice President
in
FEE OWNER CONSENT
TO
LFLf ,
. fee owners of all or
part of the subject property' the development of which is governed by the foregoing First
Amendment to Development Agreement, aff=irm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this day of 2017.
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The
2017, by
instrument was acknowledged before me this " day of (� ,
.w
Eel
State o4 MMY January 31 n
NOTARY UBLIC
4
RECEIVED.
. 0 2 1
`a i °t%G;
Doc No T05477298
Certified, filed and /or recorded on
Sep 12, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1601759M
Attested Copy or Duplicate Original $2.00
Certified Copy of any document $10.00
Document Recording Fee $46.00
Document Total $58.00
Existing Certs
1428930, 1428931, 1428932, 1428985, 1428986, 1428987, 1428988, 1428989, 1428991, 1428992, 1428995, 1428997,
1428998
This cover sheet is now a permanent part of the recorded document.
CITY OF SHOREWOOD
RESOLUTION NO. 17 - 0 5 8
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR MINNETONKA COUNTRY CLUB P.U.D.
WHEREAS, in 2016, the City of Shorewood approved a final plat and Development
Agreement for the Minnetonka Country Club (the Project), located at the southwest comer of the
intersection of Smithtown Road and Country Club Road, and includes lots legally described as:
Lots 1. 7ABlock 1; Lots 1- 5ABlock 2; Lots 1 -10, ^BloIck 3; Lots 1- 13,ABlock 4; Lots
21- 24;�Block 5; Lots 1-4,' Block 6; and Lots 1- 10,1�31ock 7, Minnetonka Country Club,
Hennepin County, Minnesota according to the recorded plat thereof; and
WHEREAS, the Project is subject to a Development Agreement (Agreement), dated
August 2, 2016 which outlines required setbacks for the Project; and
WHEREAS, Mattamy Homes, (Applicant), has requested an amendment to the
Agreement, that would allow encroachments into the side -yard setbacks and easements for below -
grade window wells; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Shorewood has approved a First Amendment to Development Agreement, as follows:
1. The Applicant's request for approval of this First Amendment to the Development
Agreement (Exhibit A) allowing certain side -yard setback and easement encroachments is hereby
approved, subject to the following:
2. Prior to the issuance of any permits for homes with the approved encroachments, the
Applicant must record the First Amendment to Development Agreement with the Hennepin
County Recorder.
3. This Resolution authorizes the Mayor and City Administrator to execute the First
Amendment to Development Agreement.
Adopted by the City Council of the City of Shorewood this 260 day of June, 2017.
IS ott �er a or
ATTEST:
UJ Tw,
Sandie Thone, City Cleric
SAPacific Data \User Data\Pianning\20l6 CasesV.linnetonka Country Club (MCC)Ust Amendment to DAVesolmion.doc
CITY OF SHOREWOOD
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
MINNETONKA COUNTRY CLUB
PLANNED UNIT DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPMEN4AG EEMENT, da ted August 2,
2016 (the "Development Agreement ") made this � day of 2017, by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporat"City "), and MATTAMY
MINNEAPOLIS LLC, a Delaware limited liability company, (the "Developer ") setting forth
the amended rights and obligations of the parties relating to the Minnetonka Country Club (the
"Project ").
RECITALS
The Developer has an interest in certain lands legally described as;
Lots 1- 7�Block 1; Lots 1- 5Mlock 2; Lots 1- 10�Blo G�C 3; Lots 1- 13PBlock 4; Lots
21- 24;4 lock 5, Lots 1 -4n Block 6; and Lots 1 -101 lock 7, Minnetonka Country
Club, Hennepin County, Minnesota, according to the recorded plat thereof, (the
"Property"); and
2. The Developer and City agree to allow certain encroachments into the required
side -yard setbacks and easements, for the lots listed in the above Planned Unit Development
( "PUD ") and propose to amend Paragraph IA as indicated below; and
3. The Developer and City agree that all other provisions in the Development
Agreement shall be unchanged and remain in effect.
In consideration of the mutual covenants and guarantees contained herein, the parties
hereto agree to the following amendment. Language underlined identifies the amendment:
AGREEMENT
1. General Conditions of Approval. The Developer shall comply with the conditions
of approval as adopted by the City Council and set forth in Resolution No. 15 -073 and
Resolution No. 16 -013. In addition, development of the PUD is subject to the requirements of
the R -1C, Single - Family Residential zoning district, as maybe modified herein.
A. Minimum setbacks (for all structures) shall be as follows *:
(a)
Front:
35 feet
(b)
Rear:
40 feet
(c)
Side:
10 feet
(d)
Side yard abutting a street:
35 feet
(e)
Wetland buffer /Setback:
35/15 feet
1
*Setbacks and exceptions to those set forth above are illustrated in a Setback
Map, attached hereto and incorporated herein as Exhibit G.
Below grade window wells will be allowed to encroach into the ten -foot, side -
yard setbacks and the standard side -yard drainage and utility easements for those
lots with a minimum of 90 feet of lot width subject to the following restrictions:
(a) The affected easement shall not contain any public utility mains (water,
sewer or storm sewer).
(b) The below grade window well shall not encroach more than four feet into
the easement or required setback and shall not be greater than five feet in
width.
(c) The applicant for a building_ permit on the affected lot shall indicate on the
survey that any storm -water drainage around the window well may be
accommodated in the remaining easement.
(d) The window well shall not be constructed of poured concrete or otherwise
part of the foundation wall for the home. The below grade window well
shall be constructed of corrugated metal landscaping pavers, or with other
approved materials which may be removed by the homeowner as needed
for work commonly conducted in drainage and utility easements by the
City of Shorewood or its contractors. The City of Shorewood shall not be
responsible for restoring window wells disturbed by the City or a City
permitted contractor or private utility.
(e) The City of Shorewood shall be held harmless for any damage to the
window wells or foundations walls related to any City of Shorewood
projects consistent with the drainage and utility purpose of the easement.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this aday of Jultj , 2017, before me, a Notary Public within and for said
County, personally appeared Scott erby and Greg Lerud to me personally known, who, being
each by me duly sworn, did say that they are respectively the Mayor and City Administrator 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 Mayor
and City Administrator acknowledged said instrument to be the free act and deed of said
corporation.
�O'Pu�j'j'c'
STATE OF MINNESOTA BRENDA K. PRICCO
ss. NOTARY PUBLIC •MINNESOTA
COUNTY OF HENNEPIN GMY CW9** m 1100 Jan. 31,2=
On this -day of � A 1 � €� , 2017, before me, a Notary Public w . in and for
said County, personally appeared 'Ii` . - ' , the w V f Mattamy
Minneapolis LLC, a Delaware limited liability company, the Developer, described in and who
executed the foregoing instrument and acknowledged that it executed the same as the free act and
deed of said limited liability company.
€ l
a
Notary Public
Prepared by:
Shorewood Planning Dept.
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
S:Tuifi. Data \Ux DzMTJenningt2016 C.—e Nli netonke Country Club (MCQU 9 Amendment to DA\A a dment.doe
Gall Rae Brodersen
Notary Public • Minnesota
4-0my Commission Expires 0113112021
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
C V1 I F , fee owners of all or
part of the subject property, the development of which is governed by the foregoing First
Amendment to Development Agreement, affirm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this L it } day of k � , 2017.
g�
Its: V
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this!( -- " µ0'' iay of
2017, by
t
NOTARY PUBLIC
Gail Rae Brodersen
Notary Public Minnesota
My Commission Expires 0113112021
9
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
CalAtlantic Group, Inc, a Delaware corporation , fee owners of all or
part of the subject property, the development of which is governed by the foregoing First
Amendment to Development Agreement, affirm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this . E-i'� dayof 2017.
By:
Its: Operational Vice President
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this TO day of J ( ,
2017, by Michael W. Devoe, Operational Vice President
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or
part of the subject property, the development of which is governed by the foregoing First
Amendment to Development Agreement, affirm and consent to the provisions thereof and agree to
be bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this day of �> , 2017.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The
2017, by
( ss.
instrument was acknowledged before me this day of
ti
i4 Stir ti,
t
t
"Lora t
NotaN Fub6c-
State o mtonesotares Y
ton EYV
my jai a�Y 3 ,2 -
NOTARY' UBLIC
rd
CITY OF SHOREWOOD
RESOLUTION NO. 1 7 - 0 5 8
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR MINNETONKA COUNTRY CLUB P.U.D.
WHEREAS, in 2016, the City of Shorewood approved a final plat and Development
Agreement for the Minnetonka Country Club (the Project), located at the southwest comer of the
intersection of Smithtown Road and Country Club Road, and includes lots legally described as:
Lots 1 -7, Block 1; Lots 1 -5, Block 2; Lots 1 -10, Block 3; Lots 1 -13, Block 4; Lots
21 -24, Block 5; Lots 1 -4, Block 6; and Lots 1 -10, Block 7, Minnetonka Country Club,
Hennepin County, Minnesota according to the recorded plat thereof; and
WHEREAS, the Project is subject to a Development Agreement (Agreement), dated
August 2, 2016 which outlines required setbacks for the Project; and
WHEREAS, Mattamy Homes, (Applicant), has requested an amendment to the
Agreement, that would allow encroachments into the side -yard setbacks and easements for below -
grade window wells; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Shorewood has approved a First Amendment to Development Agreement, as follows:
1. The Applicant's request for approval of this First Amendment to the Development
Agreement (Exhibit A) allowing certain side -yard setback and easement encroachments is hereby
approved, subject to the following:
2. Prior to the issuance of any permits for homes with the approved encroachments, the
Applicant must record the First Amendment to Development Agreement with the Hennepin
County Recorder.
3. This Resolution authorizes the Mayor and City Administrator to execute the First
Amendment to Development Agreement.
Adopted by the City Council of the City of Shorewood this 2611, day of June, 2017.
SAPaci6c Daw \User Data \Pianning \2016 Cases\Minnelonka Count, Club (MCC) \Isl Amendmnt to DA\rosololion.doc