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14-055CITY OF SHOREWOOD RESOLUTION NO. 14 -055 A RESOLUTION APPROVING THE FINAL PLAT AND FINAL PLAN OF SUMMIT WOODS P.U.D. WHEREAS, the final plat of Summit Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Summit Woods is hereby approved. 2. The approval is specifically conditioned upon the Developer recording the Development Agreement — Summit Woods Planned Unit Development, attached hereto as Attachment I, and made a part hereof, along with the Conservation Easement described in Exhibit C of the Development Agreement, with the Hennepin County Recorder: 3. The Mayor and City Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council, 4. The final plat, together with this resolution and the documents described in 2. above shall be recorded within thirty (30) days of the date of certification of this Resolution. 5. The final plat, together with the Development Agreement referenced in 2. above, shall constitute the final plan for the Summit Woods P.U.D. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of June 2014. MO.r/ ATTEST: Jean Panchyshyn, City ter CITY OF SHORE' WOOD DEVELOPMENT AGREEMENT SUMMIT WOODS PLANNED UNIT DEVELOPMENT THIS AGREEMENT, made this h day of U44±n 2014, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City ", and Summit Woods, LLC, a limited liability corporation, hereinafter referred to as the "Developer ". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made apart hereof, which lands are hereinafter referred to as the "Subject Property "; and WHEREAS, Developer proposes to develop the Subject Property by means of a Planned Unit Development ( "P.U.D. ") consisting of four single - family residential lots; and WHEREAS, the Developer has made application for a conditional use permit for a Planned Unit Development (P.U.D.) with the Zoning Administrator and submitted a Concept Plan and Development Stage Plan for the property, which matters were considered by the Planning Commission at public hearings held on 1 October 2013 and 4 March 2014, respectively; and WHEREAS upon recommendation of the Shorewood Planning Commission, the City Council did consider and grant Concept Plan and Development Stage Plan approvals at its regular meetings held on 9 December 2014 and 14 April 2014, respectively; and , WHEREAS, the Developer has filed with the City the Final Plat for "Summit Woods ", a copy of which plat is attached hereto and made a part hereof as Exhibit B; and NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1.) Conditions of Ap roval - The Developer shall comply with the conditions of approval as set forth in the Planning Director's Memorandum, dated 26 February 2014 and the City Engineer's Memorandum, dated 25 March 2014, both of which memoranda are on file in the Shorewood City offices. In addition, development of the P.U.D. is subject to the requirements of the R -1C, Single - Family Residential zoning district, except as modified herein. a. Use of Conservation Easement Area: The Developer shall grant a conservation easement, acceptable in form to the City of Shorewood, over the land described in Exhibit C, attached hereto. The land described in Exhibit C shall not be buildable. The conservation easement shall be recorded contemporaneously with the final plat. The Developer shall provide the City with a drawing showing the Attachment I limits of the conservation easement on the property, including locations of proposed easement stakes and signage, as approved by the City's Planning Director. b. Site Grading. Individual building sites, including private driveways, are to be graded to preserve the maximum number of trees on each site, and shall conform with the grading plan, dated 20 May 2014, prepared by Terra Engineering, Inc. C. Driveway Construction — Lot 1. The driveway for Lot 1 shall be located as far north on the lot as possible, but no closer than five feet from the property line. Design and grading for the driveway shall be subject to review and approval by the City Engineer. d. Building Setbacks. Building setbacks for the proposed lots shall be consistent with the R -1C, Single - Family Residential zoning district except as follows: (1) Lot 1— front setback: 20 feet (2) Lot 2 — front setback: 35 feet (3) Lot 3 — front setback: 40 feet (4) Lot 4 — front setback: 40 feet e. Driveway Pullouts. Each driveway shall have a pullout adequate in length and width to allow a car to turn around in the driveway so as to facilitate the vehicle facing forward as it enters the street. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. All site grading including building pad correction where needed; b. Expansion of the travelled surface of Summit Avenue including grading, stabilizing and bituminous surfacing and curbing; c. . Sanitary sewer; d. Storm sewer and surface water drainage facilities; e. Required landscaping and reforestation; consistent with the plans and specifications prepared by Terra Engineering, Inc., dated 20 May 2014, and received and approved by the City Engineer. 2 It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. It is understood that the improvements installed by the Developer do not include street lighting. Plans for street lighting shall require separate review and approval by the City Council prior to installation. 3.) Final Plat, Grading, Drainage and Utili Plan. - The Developer has filed with the City Clerk the final plat titled Summit Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above, this Development Agreement, the Conservation Easement — attached hereto as Exhibit C and the Declaration of Covenants, Conditions & Restrictions — referenced in paragraph 31, below, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 4.) Pre- construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre - construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by t October 2014, except for required landscaping, which must be completed by 1 June 2015. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. Construction of the required improvements and the homes within the plat shall be limited to the hours between 7:00 A.M. and 6:00 P.M. Monday through Friday and 8:00 A.M. and 6:00 P.M. on Saturdays. No construction shall take place on Sundays without prior authorization from theCity. 8.) As -Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as- built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as- built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, and thereafter promptly assign said easements to the City. 10.) Pre - existing Drain Tile - All pre- existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking, Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above - described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. The grading plans for the subject property include the use of rain gardens at the rear of each lot. The builder on each lot shall be required to record a plan for the design of the rain garden and provide a certification by the landscape architect stating that the rain garden has been installed according to the approved plan. Prior to issuance of building permits within the plat the City shall require escrow deposits of $500 for each lot to ensure that erosion control barriers, construction limits and tree preservation measures are continually maintained. If builders fail to maintain said barriers, limits or tree preservation measures the City may cause its agents to enter the Property and perform such maintenance. Said escrows shall be used to reimburse the City for any expense incurred in maintaining such barriers, limits and measures. 13.) Street Signs = Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 11 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the improvements are accepted by the City. In addition, the developer shall manage construction in accordance with the Construction Management Plan: Summit Woods, Shorewood, dated 19 June 2014. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2 are completed and approved by the City Engineer. If landscaping or tree replacement has not been completed when the certificate of occupancy is requested, the developer shall provide the City with a letter of credit or cash escrow for one and one half the amount of the estimated cost of the landscaping or tree replacement. The letter of credit or cash escrow shall extend for two growing seasons after the work has been completed. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (3 0) days prior to the expiration of the said one -year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. Prior to the start of construction, the streets serving the property shall be televised so as to ascertain what damage may be caused by construction traffic. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the 'contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) SurelyTor Improvements - Deposit or Letter of Credit For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as -built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to filrnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City Engineer of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 150% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creels Watershed District, and Metropolitan Council Environmental Services before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $3600 ($1200 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 2, Block 1 with the existing house on it. 26.) Municipal Water. — The City of Shorewood does not have municipal water available to the site, and the City of Chanhassen has chosen not to extend its water system to serve the subject property. Domestic water supply to the proposed lots shall be provided by individual private wells. 27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $15,000 (3 x $5000) for the Park Fund. Credit has been allowed for Lot 2, Block 1. 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Kutak Rock, LLP 220 South 6th Street, Suite 1750 Minneapolis, Minnesota 55402 To the Developer: Homestead Partners, LLC 525 15th Avenue South Hopkins, MN 55343 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 7 30.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 31.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 32.) Remedies Upon Default - a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (1) The cost of completing the construction of the improvements described in paragraph 2 above. (2) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. Legal Proceedings. In addition to the foregoing, the City may institute any proper, action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 34.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 35.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER By: Matt Hanish, Its Vice President CITY OF SHOREWOOD By colt Zer :y ts: Mayor ATTEST: 0 City Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of ob ��, ( , 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 Mayor and City Cleric acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public ll ' �1n*ti�i ..,.. • i .. � � ill Q I • • On this �%°� day of ( , 2014, before me, within and for said County, personally appeared Matt Hanish, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the sAmp a§/fts free acj.,qnd deed. CHARLES A. RYAN NOTARY PLJ�an. C MINNESMY Commission Expir 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Shorewood City Attorney Kutak Rock, LLP 220 South 6t" Street, Suite 1750 Minneapolis, Minnesota 55402 (TJK) N 10 Public EXISTING LEGAL DESCRIPTION Lots 7 and 8, and that part of Lot 9 lying Southwesterly of a straight line drawn from the most Easterly corner of said Lot 9 to a point on the Northerly boundary line of said Lot 9 which point is 125 feet Easterly from the most Northerly corner of said Lot 9 and that part of Lot 10 commencing at the Southeast corner of said Lot 10, thence Northeasterly along the line between Lots 9 and 10 to. the Northeast corner of said Lot 10, thence Northwesterly along the North line of said lot a distance of 265 feet; thence South 239-feet to the Northerly line of Summit Avenue; thence East 131 1/2 feet to the place of beginning, all in Murray Hill. Exhibit A 11 KNOW BY ALL PERSONS THESE PRESENTS: Thal Summit Woods, LLC, a Minnesota limited liability company, fee owner, of the following described property: Lots 7 and 8, and that part of Let 9 lying Southwesterly of a straight line drawn from the most Easterly corner of said Lot 9 to a point on the Northerly boundary line of said Lot 9 which point is 125 feet easterly from the most Northerly corner of said Lot 9, all in Murray Hill. Has caused the some to be surveyed and platted as SUMMIT WOODS, and does hereby dedicate to the public for public use forever the easements for drainage and utility purposes as shown on the plat. In witness whereof said Summit Woods, LLC, Minnesota limited liability company, has caused these presents to be signed by its proper officers . this day of , 2014. SIGNED: its and its STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before . me this _ day of 2014. by its and its of Summit Woods, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public County, Minnesota Notary Printed Name My Commission expires David E Crook do hereby certify that this plot was prepared by me or under my direct supervision that I am a duly licensed land surveyor in the State of Minnesota; that this plot is a correct represenial— of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been, or will be correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this c—tif cote are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this — day of , 2014 David E Crook Licensed Land Surveyor Minnesota Licensed No. 22414 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2D14, by David E. Crook, Land Surveyor. Notary Public Hennepin County, Minnesota Notary Printed Name My commission expires SHOREWOOD MINNESOTA This plat of SUMMIT WOODS was approved and accepted by the City Council of Shorewood Mnnesotd at reg r meeting thereof h Id this day of 2014 If ppl bl the Witten comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed wllhout receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF SHOREWOOD, MINNESOTA By: By: Mayor Clerk RESIDENT AND REAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day of ,2014. Mark V. Chapin, Hennepin County Auditor By: ,Deputy SUMMIT WOODS ��yLr/ t) _� n R.T. DOC. N0. Most Northerly comer of Lot 9, and the —, northeast corner of Lot 10, MURRAY HILL Q 9 I _ i 30 0 30 60 SCALE IN FEET �/ Norfhefy boondary line of Lot 9, MURRAHIL 0 — DENOTES 112 —INCH X 14 INCH SET IRON �QP \ C, D . — --I PIPE MARKED BY LICENSE N0. 22414 *J 6?�L I 111 • — DENOTES FOUND? 2 —INCH OPEN IRON PIPE MONUMENT UNLESS OTHERWISE NOTED / cs line Section 34 Township 1I7 Range 23 nn o. 5 7 has an assumed bearing of 589'15'54 "E - �c I l / I z Most easterly corner of Lot 9, MURRAY HILL 0 80 1 I I \ I SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN STAT. See. 3838.565 (1969), this plot has been approved this _ day of , 2014. \ <zz Chris F. Movis, Hennepin County Surveyor By: \: REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of SUMMIT WOODS was filed in this office this day of , 2014, at — o'clock _. M. 8O Martin McCormick, Registrar of Titles By: .Deputy I Drainage and Utility Easements are shown thus: II Io--.I 1_ I �—ro L_ Being f0 feet in width ad'ljoining at lines, unls ss. otherwise indicated, end f0 feet in width adjoining fight —of —way lines. V LAND SURVMRS, INC. S 89'15'18" E 379.56— M So. line Section 34, Township 117, Range 23, (Henn. Co.) S8_9'75'541_ 389.34 A AI Ij )[) A \/ I Ill V/ L_// VI \ / —t l r71L_L_ u I VO "p X11 I W � r11 — J it 11 �� E 1 � N�4 66 Hennepin County Line I I I Q, — S 89'15'18" E 359.78 V LAND SURVMRS, INC. S 89'15'18" E 379.56— M So. line Section 34, Township 117, Range 23, (Henn. Co.) S8_9'75'541_ 389.34 A AI Ij )[) A \/ I Ill V/ L_// VI \ / —t l r71L_L_ u I VO "p X11 I W � r11 — J it 11 i r� O U O U O N �L O U f6 LL Q row C� II� I I� 66 Hennepin County Line I I - -_I i r� O U O U O N �L O U f6 LL Q row PROPOSED CONSERVATION EASEMENT An easement for conservation purposes over and across that part of the property described as follows: Lots 7 and 8, and that part of Lot 9 lying Southwesterly of a straight line drawn from the most Easterly corner of said Lot 9 to a point on the Northerly boundary line of said Lot 9 which point is 125 feet easterly from the most Northerly corner of said Lot 9 and that part of Lot 10 commencing at the southeast corner of said Lot 10, thence northeasterly along the line between Lots 9 and 10 to the northeast corner of said lot 10, thence northwesterly along the north line of said lot a distance of 265 feet; thence south 239 feet to the northerly line of Summit Avenue; thence east 131 1/2 feet to the place of beginning, all in Murray Hill. Which'lies southerly and westerly of a line described as follows: Commencing at the most northerly corner of said Lot 9; thence South 38 degrees 43 minutes 25 seconds West, assumed bearing, along the northwesterly line of said Lot 9, a distance of 140.00 feet, to the point of beginning; thence South 78 degrees 38 minutes 07 seconds East 103.07 feet; thence South 5 degrees 38 minutes 07 seconds East 325.02 feet, to a point on the southerly line of said Lot 7, distant 176.00 feet westerly of the southeasterly corner of said Lot 7. Exhibit C 13