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99-046 . . . CITY OF SHOREWOOD RESOLUTION NO. 99- 046 A RESOLUTION DECLARING THE ADEQUACY OF A PETITION FOR THE EXTENSION OF MUNICIPAL WATER SERVICE ON EDGEWOOD ROAD WHEREAS, the City of Shorewood is in receipt of a petition (petition) requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the names of those petitioners and their associated locations are as follows: 1. Ed Wartman... .............. ........... ..................... .26985 Edgewood Road 2. Marion Manson...... ..... ............. .................... 27010 Edgewood Road 3. Jeffrey & Nancy Stebbins ............................ 26980 Edgewood Road WHEREAS, an additional property located at 26990 Edgewood Road abuts the Improvement and has been determined that said lot is unbuildable under separate proceedings by the City Council, and therefore shall not be included as part of this Improvement; and WHEREAS, the City has reviewed the Petition and identified the owners of the real properties named in the Petition and has determined that the Petition has been duly executed by the owners of 100% of real property affected by the Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petition is hereby declared to have been signed by the owners of 100% of the real properties named in the petition as the location of the Improvement. 2. The Petition is hereby referred to the City Engineer for the preparation of Plans, Specifications and Engineer's Estimate, contingent upon said Petitioners entering into an agreement with the City of Shorewood which requires a deposit for all design costs, attached hereto as Attachment 1. ATTEST: ADOPTED BY THE CITY COUNCIL of the City ofS June, 1999. ;J JA , /1 v EDGEWOOD ROAD WATERMAIN IMPROVEMENT AGREEMENT . THE UNDERSIGNED Petitioners hereby consent, agree and understand as follows: 1. They represent 100% of the owners of real property identified as: Ed Wartman.......... .............................................26985 Edgewood Road Marion Manson..... .............................................27010 Edgewood Road Jeffrey & Nancy Stebbins .................................... 26980 Edgewood Road 2. They have petitioned the City to construct the following public improvement ("Improvement") along such properties: To extend watermain within the Edgewood Road Right of Way and extend individual service stubs to each of the said properties. and to finance the entire cost of the Improvement through special assessments to be charged against their properties. 3. Following acceptance of the petition by the City Council, the petitioners will provide the City of Shorewood with a deposit equal to One Thousand Four Hundred Dollars ($1,400.00) for the cost of preparing the Plans, Specifications and Engineer's Estimate for the Improvement. . 4. Once Plans and Specifications have been prepared, and the Design is determined to be feasible, the City Council, given this agreement, will call for bids on the Improvement. 5. The City Council may treat the petition as having been withdrawn if the deposit for preparation of the Plans, Specifications, and Engineer's Estimate is not filed by the petitioners with the City Clerk of the City of Shorewood 45 days from the date the petition was accepted by the City Council. 6. Not later than five days following the date on which the bids for the Improvement have been opened and tabulated, the undersigned will provide the City with Waiver executed by all the petitioners in substantially the form of the attached Exhibit A. In the event that all the waivers are not so provided, the City may treat the petition as having been withdrawn, may reject all bids and may abandon further consideration of the Improvement. . 7. If the petitioners fail to make the deposit provided for in paragraph 3 above, or for any other reason withdraw their petition, the City shall be entitled to apply the deposit required under . paragraph 3 to reimburse the City for all costs and expenses which it incurred in connection with preparation of Plans Specifications and Engineer's Estimates. 8. If the petitioners fail to execute and deliver the instrument provided for in paragraph 6 above, or for any other reason withdraw the petition, the City shall be entitled to apply the deposit required under paragraph 3 to reimburse it for the costs and expenses which the City incurred and which were to be covered by that deposit. . 9. Upon execution and delivery of the instrument described in Exhibit A the City shall award the contract in the manner provided by law and proceed with the construction of the improvement and assessment of the costs against the petitioner; and either return the deposits to petitioners or apply them against Improvements as the parties may agree. If the City holds the deposits in an interest bearing account, any earned interest will be referred to petitioners when the deposit is returned. . The undersigned have read this document, are fully informed of its contents and agree to be fully bound by its terms. Ed Wartman 26985 Edgewood Road Date Marion Manson 27010 Edgewood Road Date Jeffrey Stebbins 26980 Edgewood Road Date . Nancy Stebbins 26980 Edgewood Road Date .. EXHmIT A . WAIVER AGREEMENT The undersigned is the owner of property located at in the City of Shorewood and legally described as The undersigned together with the owners of other property has petitioned the City of Shorewood to construct the following public improvements Construction of municipal watermain within the public right of way known as Ed!:!:ewood Road. and to extend individual water services to each property petitioning for said improvements, and have agreed that 100% of the cost of the Improvement be charged against the petitioners' properties through special assessments. The undersigned understands that the cost of the project may be as much as and the amount assessed against the undersigned's property may be as much as The undersigned understand that the project is economically feasible only because the special . assessment which they have agreed to pay is greater than the ordinary special assessment provided for in the City Code. The undersigned also understand that they will additionally be charged a connection charge within 30 days after the acceptance of the project by the City Council of Shorewood. The undersigned understands that state law gives them the right to appeal the levy of special assessments against their property. The undersigned, for themselves and their successors and assigns hereby waive any rights to appeal either with respect to the procedure or the amount of any special assessment which is levied in accordance with the dollar limitations contained in this agreement. Dated: .