14-047CITY OF SHOREWOOD
RESOLUTION NO. 14-047
A RESOLUTION PERMITTING A SHOREWOOD PROPERTY OWNER
TO CONNECT TO THE TONKA BAY MUNICIPAL WATER SYSTEM
WHEREAS, Ronald Zenk (Owner) owns real property within the City of Shorewood;
.M. i.1
WHEREAS, the City of Shorewood owns a municipal water system which does not
presently serve the owner's property; 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 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 Owner's property.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 " day of
June, 2014.
Sco# Zerby, M y r
ATTEST:
Jean anchyshyn,Ci Clerk
WATER CONNECTION AGREEMENT
THIS AGREEMENT, made this day of JUtLL 2014, by and
between the CITY OF SHOREWOOD, a municipal corporation, (the "City ") and Ronald L.
Zenk, (the "Applicant ").
WHEREAS, the Applicant has an interest in certain real property (the "Subject Property ")
located in the City of Shorewood at 5435 Timber Lane, legally described as:
"Lot 2, Timber Lane, Hennepin County, Minnesota"; and
WHEREAS, the City owns a municipal water system which does not presently serve the
Subject Property; and
WHEREAS, the Applicant desires to interconnect with the Tonka Bay Municipal Water
System 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. In the event that City extends the Shorewood municipal water system to serve the
Subject Property at some time in the future, the Applicant agrees to pay any assessment in
connection therewith on the same basis as all other properties assessed at that time, and the
Applicant herewith specifically agrees 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 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
Ronald L. Zenk, Applicant
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
Sc"o"t O erby, M66
Je Panchyshyn, City elerO
On this A'3� day of . ,) Lt4u 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 scaled 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.
PATRtCIA L. FASCHING
NOTARY PUBLIC - MINNESOTA
MyCommission Expires Jan. 31,2015
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
41yi/tG7't�4 �
Notary Public
The foregoing instrument was acknowledged before me this day of
2014, by Ronald L. Zenk.
Notary Public