01-035t
0
CITY OF SHOREWOOD
RESOLUTION NO. 01-035
A RESOLUTION APPROVING THE FINAL PLAT OF
SMITHTOWN WOODS
WHEREAS, the final plat of Smithtown 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. That the plat of Smithtown Woods is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the Development Agreement, attached hereto and made a part hereof,
on behalf of the City Council.
3. That this final plat and the Development Agreement attached hereto shall be filed
and recorded within (thirty) 30 days of the Developer's receipt of this Resolution.
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 O SHOREWOOD this I Ith day of
June, 2001.
ATTEST: WOODY LOVE, MAYOR
CRAIG W13AWSUN, CITY ADMINISTRATOR/CLERK
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
SMITHTOWN WOODS
THIS AGREEMENT, made this day of 1 2001, by and between
the CITY OF SHOREWOOD, a Minnesota municipal corpora on, hereinafter referred to as the
"City", and Clint Carlson and Brian Ohland, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described on 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 six (6) 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 6 June 2000, and at a meeting of the City Council on 26
June 2000; and
• WHEREAS upon recommendation of the Planning Commission, the City Council did
consider and grant preliminary plat approval as set forth in Resolution No. 00-063; and
WHEREAS, the Developer has filed with the City the Final Plat for "Smithtown
Woods", a copy of which plat is attached hereto and made a part hereof as Exhibit B;
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 adopted by the City Council and set forth in Resolution No. 00-063, incorporated
herein as Exhibit C. In addition, development of the property is subject to the requirements of
the R-1C, Single -Family Residential zoning district.
(01) 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
(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.) 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:
(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
(08) Six-foot wide bituminous trail between Lots 3 and 4, Block 1
consistent with the City of Shorewood's Standard Specifications and Details and project plans
prepared by Coffin and Gronberg, Inc. dated 20 July 2001, which plans and specifications are
subject to review and approval 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 Smithtown 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 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 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 the quantities and qualities required by the
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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 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, except the
final lift of asphalt, shall be performed to be completed by 1 November 2001. The final lift of
asphalt shall be completed by 1 July 2002. 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
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 until the documents called for herein are filed.
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, if and to the extent required by the Minnehaha Creek
Watershed District, 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.
1.2.) 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 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.
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.
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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.
The Developer hereby agrees to be solely responsible to provide snow plowing of the proposed
roadway until such time as the bituminous wearing course has been placed, reviewed and
approved by the City Engineer. Failure to provide prompt plowing services which jeopardize the
ability for emergency services to adequately access the subdivision shall result in charges levied
against the security held by the City of Shorewood for such improvement project to remedy such
default.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2, except the final lift of asphalt, 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.
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 (30) 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.
1.9.) 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.
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 29 below.
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• 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.) 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.
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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.
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 Districts, and the Metropolitan Waste Control
Commission before commencing development of the plat.
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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 $1200 for each lot,
not including the lots with the houses on them, as local sanitary sewer access charges.
Accordingly, the Developer shall pay $4800.
26.) Municipal Water Charges The Subject Property has been assessed five thousand
dollars ($5000) per lot for City Water. It is understood that individual builders for Lots 2-5 will
pay five thousand dollars ($5000) as a connection charge at the time of application for building
permits for said lots.
The Developer has provided for the installation of a 12-inch watermain, in excess of the standard
eight -inch watermain, to serve property outside the subdivision. The City Engineer has
estimated the cost of oversizing at five thousand nine hundred fifteen dollars ($5915). The City
shall reimburse Developer this amount from its water fund upon acceptance of the Improvements
by the City.
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 $1500 for each lot, not including the two lots that
have houses on them, for the Park Fund. Accordingly, the Developer shall pay $6000 to the Park
Fund.
28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy
("Policy") which has been incorporated into the City Code. In addition to the Policy, the
• Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by
Kevin G. Norby & Assoc.,Inc., dated 6 April 2001 ("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.
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:
To the City: Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
. Shorewood, Minnesota 55331.
M.
With a Copy to: Shorewood City Attorney
• c/o Larkin, Hoffman, Daly & Lindgren LTD
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
To the Developer: Brian Ohland
25895 Smithtown Road
Shorewood, MN, 55331
And
Clint Carlson
202 Peninsula Road
Medicine Lake, MN 55441
30.) 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.
31.) 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.
32.) Declaration of Covenants Conditions and Restrictions - Developer shall provide a
copy of any Declaration of Covenants, Conditions and Restrictions, 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 be
constructed and installed or may take action to cure such other default and may cause the
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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.
(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 of the 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.
0(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:
(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.
(iii) 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.
34.) 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.
35.) 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.
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 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
c
By:
• Brian Ohland
CITY OF S EWOOD
By:
Its: Mayor
E
•
0
By. CL�l
Clint Carlson
ATTFRT!
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 36 day of , 2001, before me, a Notary Public within and
for said County, personally appeared oody 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.
2 �Q-ytG 2,r.
Notary lVublic
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 30` k day of
2001, by Brian Ohland and Clint Carlson.
Notary Pu6fic
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, LTD.
1.500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
(TJK)
JEAN M. PANCHYSITYN
NOTARY PUBLIC
MINNESOTA
My Carroniadan E�IresJan. 81, 2905
10
• Existing Legal Description:
"That part of the Southeast Quarter of the Northeast Quarter, Section 32, Township 117,
Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point on
the Northwesterly right-of-way line of the Chicago, and North Western Transportation
Company (Formerly the Minneapolis and St. Louis Railway Company) distant 228 feet
Northeasterly along said Northwesterly right-of-way line from its intersection with the
South line of said Southeast Quarter of the Northeast Quarter, thence Southwesterly
along said Northwesterly right-of-way line a distance of 75 feet; thence Northwesterly,
deflecting to the right 111 degrees 06 minutes 30 seconds, to the center line of Smithtown
Road as said center line is shown on the plat of Minnetonka Terrace and Shadylawn
Manor; thence Northeasterly along said center line to its intersection with a line drawn
North, parallel with the West line of said Southeast Quarter of the Northeast Quarter,
from the point of beginning; thence South along said parallel line to the point of
beginning, according to the U.S. Government Survey thereof, Hennepin County,
Minnesota.
ALSO,
That part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 117
North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at
the intersection of the South he of said Southeast Quarter of the Northeast Quarter with
the East line of the West 199 feet of said Southeast Quarter of the Northeast Quarter;
thence East along said South line 154 feet to the Northwesterly right-of-way line of the
Minneapolis and St. Louis Railway; thence Northeasterly along said Northwesterly right-
of-way line a distance of 153 feet; thence deflecting left 68 degrees 53 minutes 30
seconds to the centerline of Smithtown Road; thence Southwesterly along said centerline
to its intersection with said East line of the West 199 feet; thence South to the point of
beginning."
P.I.N 32-117-23-14-0040 and 0041
Exhibit A
•
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Exhibit B
• CITY OF SHOREWOOD
RESOLUTION NO. 00-063
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
SIVIITHTOWN WOODS
WHEREAS, Brian Ohland and Clint Carlson (Applicants) are the owners of
approximately 3.9 acres of land located within the City of Shorewood, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have requested preliminary approval to subdivide the
property into six single-family residential lots as shown on Exhibit B, attached hereto and made a
part hereof; and
WHEREAS, Applicants' request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated
1 June 2000, which Memorandum is on file at City Hall; and
WHEREAS, Applicants' request has been reviewed by the City Engineer and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated
3 June 2000, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
• 6 June 2000, for which notice was duly published and all adjacent property owners duly notified.
n
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Applicant's request for preliminary plat approval of Smithtown Woods is
hereby granted.
2. That such approval is subject to the recommendations set forth in the City
Planner's Memorandum dated 1 June 2000, the City Engineer's Memorandum dated 3 June 2000,
and the terms and conditions contained in the minutes of the Planning Commission meeting of 6
June 2000 on file at City Hall.
3. That the Applicant shall submit a final plat by 26 December 2000
ADOPTED BY THE CITY COUNCIL of the City of Shorew this 26th day of June, 2000.
Woody Love, Mayor
ATTEST:
Q Exhibit C
Bradley J. Nielsenr Aging Ci y Administrator
• Existing Legal Description:
"That part of the Southeast Quarter of the Northeast Quarter, Section 32, Township 117,
Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point on
the Northwesterly right-of-way line of the Chicago, and North Western Transportation
Company (Formerly the Minneapolis and St. Louis Railway Company) distant 228 feet
Northeasterly along said Northwesterly right-of-way line from its intersection with the
South line of said Southeast Quarter of the Northeast Quarter, thence Southwesterly
along said Northwesterly right-of-way line a distance of 75 feet; thence Northwesterly,
deflecting to the right 111 degrees 06 minutes 30 seconds, to the center line of Smithtown
Road as said center line is shown on the plat of Minnetonka Terrace and Shadylawn
Manor; thence Northeasterly along said center line to its intersection with a line drawn
North, parallel with the West line of said Southeast Quarter of the Northeast Quarter,
from the point of beginning; thence South along said parallel line to the point of
beginning, according to the U.S. Government Survey thereof, Hennepin County,
Minnesota.
ALSO,
That part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 117
North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at
the intersection of the South line of said Southeast Quarter of the Northeast Quarter with
the East line of the West 199 feet of said Southeast Quarter of the Northeast Quarter;
thence East along said South line 154 feet to the Northwesterly right-of-way line of the
Minneapolis and St. Louis Railway; thence Northeasterly along said Northwesterly right-
of-way line a distance of 153 feet; thence deflecting left 68 degrees 53 minutes 30
seconds to the centerline of Smithtown Road; thence Southwesterly along said centerline
to its intersection with said East line of the West 199 feet; thence South to the point of
beginning."
P.I.N 32-117-23-14-0040 and 0041
Exhibit A
•
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N %y
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That pert of t
Toweship 47,
6L follows: 'Usi
7 / I the
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aloft ssidih°r
/ r I the Seats 112m
thence Soatbom
Bids, bokI distce of 7_5 rne f+yp.l nt
1N degrees 06 min
W said center li
�'10 : r«. hb�` ,•. t 1 6 Shsdrlawn Kano
L"•'•f 25.S00 Ilp intersection M
stft said Southeast
En'.,l I = beginning; the:
L' 3s
QJ• u� W H°,.se �y� a I o beginning,. acc
Mo m I s 4 County, !linen
"t f •o VA
�9 N I yro ak°s I ALSO,
' r n. E That part of t
qEP�' \ ° 32, Township 1
described as f
of said Soothe
0 the Aast I" f
_ /' s �' �, „•,�yrr Well thence Mast al,
of -way Use of
ye•" ;n9 `o Northeasterly ;
e
153 fact: tVMc
/ � i8•. � ,.3 r \r centerline fR
I I ,. _ to its into"*
L, 9ro 15i 35 � I South to tba P
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-described
e
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of Sec.3r-117.23
20.900
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lip
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56.30• E >4568 �P Exhibit B
SEY+rM. NCYo
of Sec. 32-117. 23 �\