03-109
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CITY OF SHOREWOOD
RESOLUTION NO. 03- 109
A RESOLUTION APPROVING THE FINAL PLAT OF
JOHN P ASTUCK ADDITION
WHEREAS, the final plat of John Pastuck Addition 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 John Pastuck Addition is hereby approved.
2. The approval is specifically conditioned upon the Developer recording the
Development Agreement, attached hereto as Attachment T, and made a part
hereof, with the Hennepin County Recorder:
3.
The Mayor and City Administrator/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, the document described in 2. above
shall be recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/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 O~OREWOOD this 8th day of
December 2003. OJ
WOODY LOVE, MAYOR
. A WSON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
JOHN P AS TUCK ADDITION
THIS AGREEMENT, made this ~ day of ()t:t:'~ 2004, by and
between the CITY OF SHOREWOOD, a Minnesota municipal rpor bon, hereinafter
referred to as the "City", and JOHN P ASTUCK, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit
A, attached hereto and made a part hereof, which lands are hereinafter referred to as the
"Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property into four (4) single-
family residential lots; and
WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
Planning Commission at their meeting held on 2 September 2003, and at a meeting of the City
Council on 27 October 2003; and
WHEREAS upon recommendation of the Planning Commission, the City Council did
consider and grant preliminary plat approval, as set forth in Shorewood Resolution No. 03-
092, attached hereto as Exhibit B; and
WHEREAS, the Developer has filed with the City the Final Plat for "John Pastuck
Addition", a copy of which plat is attached hereto and made a part hereof as Exhibit C;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as set forth in the minutes of the 27 October 2003 City Council meeting and in
Shorewood Resolution No. 03-092. In addition, development ofthe property is subject to the
requirements of the R-1D, Single-Family Residential zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
30 feet
35 feet
10 feet
30 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code, shall be
two and one-half stories or 35 feet, whichever is less.
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2.) hnprovements Installed bv 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:
(01) All site grading including building pad correction where needed;
(02) Sanitary sewer;
(03) Municipal water mains and service connections;
(04) Storm sewer and surface water drainage facilities;
(05) Street name signs and traffic control signs;
(06) Required landscaping and reforestation;
consistent with the plans and specification prepared by Quality Site Design, LLC., dated 22
October 2003 , and received and approved by the City Engineer.
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.
3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer
has filed with the City Clerk the final plat titled John Pastuck Addition for the development of
the Subject Property. Said final plat, together with the grading, drainage, and utility plans,
referenced in paragraph 2 above and this Development Agreement, is herewith adopted and
approved by the City.
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 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 ofthe 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 the quantities and qualities required by
the approved plans and specifications, and shall be subject to inspection and approval of the
City, which approval shall not be unreasonably withheld if the materials and work are
consistent with the plans and specifications and the standards set forth herein. In case any
materials or labor supplied shall be rejected by the City as defective or unsuitable, then such
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rejected materials shall be removed and replaced with approved materials, and rejected labor
shall be done anew to the reasonable 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 15 October 2004. 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.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of
the hnprovements, 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 hnprovements 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 until the documents called for herein
are filed.
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9.) Easements - Developer, at its expense, shall acquire all easements from
abutting property owners necessary to the installation of the sanitary sewer, water main, storm
sewer, and surface water drainage facilities within the plat, if and to the extent required by the
Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the
City. Developer shall provide easements, in favor of the City, for all utilities located outside
the public rights-of-way. Said easements shall be at least twenty feet (20') wide, centered on
the respective utility lines.
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
and delineation of the wetland buffer areas. 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.
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12.) Gradin~, 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 reasonably 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.
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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.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
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.
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.
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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 oftitle, 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 (30) days prior to the expiration ofthe 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.
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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 ofthe
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 29 below.
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The final plat includes a parcel of City-owned land, legally described in Exhibit D, attached
hereto and made a part hereof. Prior to release of the final plat, Developer shall pay the City
$27,787.54 for the City-owned property.
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.
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22.) Surety for 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 furnish 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 of the partially completed
Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less
than 125% 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 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 and shall remain in
effect until the improvements set forth in paragraph 2 have been accepted by the City. 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. The insurance coverage required hereby may
be supplied by the Developer's contractors and subcontractors, thereby satisfying the
requirements of this section.
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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 Creek Watershed District, and the Metropolitan Council
Environmental Services before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to
release ofthe final plat by the City, make a cash payment to the City in the sum of $4800
($1200 for each lot) as local sanitary sewer access charges.
26.) Municipal Water Charges -Developer has agreed, at its expense, to install
municipal water main to serve the lots within the plat. Developer shall, prior to release ofthe
final plat by the City, make a cash payment to the City in the sum of $40,000 ($10,000 per lot)
as municipal water connection charges. The City agrees to refund to the Developer the cost of
installing water mains within the plat, excluding the cost of installing services, up to, but not
more than, $10,000 per lot. Developer shall provide invoices documenting the cost of
installing the water mains within the plat. The amount to be refunded shall be subject to
review and approval by the City Engineer.
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 $6,000 ($1500 for each lot) for the Park
Fund.
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28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy
("Policy") which has been incorporated into the City Code. ill addition to the Policy, the
Developer has prepared and the City has reviewed a detailed tree preservation plan prepared
by Cook Company , dated 23 June , 2004 ("Plan").
The Developer agrees that the tree preservation measures provided for in the Policy and in the
Plan are the responsibility of the Developer, and that the Developer shall also be responsible
for any acts of its subcontractors or agents which are in violation of either the Policy or the
Plan.
As partial security for its obligation under this paragraph 28, the Developer agrees that prior to
the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash
or letter of credit per lot to be deposited with the City as security for such obligation.
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29.) 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:
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To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to:
Shorewood City Attorney
c/o Leonard, Street & Dienard
150 South Fifth Street Suite 2300
Minneapolis, MN 55402
To the Developer:
John Pastuck
20345 Excelsior Boulevard
Shorewood, MN 55331
32.) 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.
33.) Remedies Upon Default-
(01) 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
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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
reasonably incurred by the City in remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, after notice and failure to
cure, 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:
(a) The cost of completing the construction of the improvements described
in paragraph 2 above.
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(b)
The cost of curing any other default by the Developer in the
performance of any of the covenants and agreements contained herein.
( c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(03) Additional Remedies. Notwithstanding any other remedy available to the City
under this Agreement, the City may elect to proceed under this paragraph to remedy a
violation of Developer's obligations under paragraph 28 hereof.
(a) Upon discovery of an apparent violation of the Plan or Policy, the City
will notify the Developer in writing of the violation. The notice will
contain a description ofthe circumstances constituting the violation, the
provision of the Policy or Plan which is apparently violated, the steps
which must be taken to correct the violation and the date by which the
compliance must occur.
(b)
If compliance has not occurred within such time, or if the violation, by
virtue of its repeated nature, seriousness or other factors are such that a
penalty may be appropriate, the matter will be scheduled for a hearing
by the City Council at a meeting not sooner than ten (10) days
following the date on which written notice is mailed to the Developer.
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(c)
Following the hearing, the Council shall render its decision in writing.
If the Council determines that the Plan or Policy has been violated,
(whether or not the violation has been corrected) it may take some or all
of the following actions:
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(i) impose a monetary penalty of not more than $1000 for each
violation.
(ii) order that the Developer stop work on all construction for which
building permits have been issued; and withhold the issuance of
additional building permits until it has received assurances satisfactory
to the City that no future violations of the Plan or Policy are likely to
occur.
(Hi) take any other actions or enforce any other remedies available to it
under this Agreement, the Policy or the City Code.
(03) 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.
36.) 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.
37.) Construction - This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
38.) 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 oftheir respective
legal representatives, successors, and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
WOOD
By:
Its: Mayor
By:
Jo
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 4+" day of A-uJ Ll S +- , 2004, before me, a Notary Public within
and for said County, personally appeared Woody Love and Craig W. Dawson to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and
City Administrator/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 Administrator/Clerk acknowledged said instrument to
be the free act and deed of said corporation.
-iMM PMU)~
Nota . Public
JEAN M. PANCHYSHYN
NOTARY PLaIC
MINNESOTA
My CCllIYIllt8lon I!lcpIrus Jlrl. 31. 2005
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
..,- The foregoing instrument was acknowledged before me this ).1 fA day of
V ~ ' 2004, by John Pastuck.
I:' /'~'/C;;~"'JEAN M. PANCHYSH YN
:~ . NOTARY PlWC
. \; MItlfBlOTA
., '>'I..~.~......' My CcmrnlSIIOn!llplnl8.1en. 31. m
NOtJrryPUb~ ~
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THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
REVIEWED BY:
Leonard, Street & Dienard
150 South Fifth Street Suite 2300
Minneapolis, MN 55402
(TJK)
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Leeal Description:
The South 178 feet ofthe following described property, situated in the County of
Hennepin, State of Minnesota:
Lot 39 and that part of Lot 40 lying West ofa line parallel with and 16.5 feet West of the
East line thereof, all in "Minnewashta". And Lot 38, "Minnewashta."
Exhibit A
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CITY OF SHOREWOOD
RESOLUTION NO. 03-092
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
JOHN PASTUCK ADDITION
WHEREAS, John Pastuck (Applicant) has an interest in certain land (the Subject
Property) within the City of Shorewood and has applied to the Council for preliminary approval
of a plat to be known as John Pastuck Addition; and
WHEREAS, Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in Memoranda to the Planning Commission dated
28 August 2003 and 6 October 2003, which Memoranda are on file at City Hall; and
WHEREAS, Applicant's request has been reviewed by the City Engineer and his
recommendations have been du1y set forth in a Memorandum to the Planning Commission, dated
4 October 2003, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
2 September 2003, for which notice was duly published and all adjacent property owners duly
notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The property proposed to be divided is zoned R-ID, Single-Family Residential and
contains approximately 60,639 square feet of area.
2. The Applicant has received permission to include approximately 18,779 square feet
of City property, abutting the west side of the subject property in a plat that would result in four
single-family residential lots.
3. The City has agreed to sell to the Applicant a portion of the City property for
$27,787.54.
CONCLUSION
A. The applicant's request for preliminary plat approval of John Pastuck Addition is
hereby approved.
B. That such approval is subject to the recommendations set forth in the City
Planner's Memoranda dated 28 August 2003 and 6 October 2003, the recommendations set forth
Exhibit B
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in the City Engineer's Memorandum, dated 4 October 2003, and the terms and conditions
contained in the minutes of the Planning Commission meeting of 7 October 2003 on file at City
Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
October, 2003.
WOODY LOVE, MAYOR
ATTEST:
, CITY ADMINISTRATOR/CLERK
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Exhibit C
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40
Le2al Description:
That part of Lot 38 lying West ofa line parallel with and 100 feet West of East line
thereof, "Minnewashta", Hennepin County, Minnesota.
Exhibit D