96-108
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CITY OF SHOREWOOD
RESOLUTION NO. 96-108
A RESOLUTION APPROVING THE FINAL PLAT OF
MARSH POINTE
WHEREAS, the final plat of Marsh Pointe 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 Marsh Pointe is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement for Marsh Pointe Planned Unit Development, attached
hereto and made a part hereof.
3 . That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That the final plat, together with this resolution and the Development Agreement
attached thereto, shall be recorded within sixty (60) 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 OF SHOREWOOD this 25th day of
November, 1996.
\
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Robert B. Bean, Mayor
ATTEST:
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
MARSHPOINTE
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 25th day of November, 1996, by and between
the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to
as the "City", and LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota
corporation, hereinafter referred to as the "Developer".
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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 by means of a
Planned Unit Development ("P.U.D.") consisting of 32 lots and 1 outlot; and
WHEREAS, the Developer has made application for a Conditional Use Permit for
a 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 City Planning
Commission at their meeting held on 18 July 1995, and at a meeting of the City Council
on 14 August 1995; and
WHEREAS upon recommendation of the City Planning Commission, the City
Council did consider and grant Concept Plan and Development Stage Plan approval as set
forth in Resolution No. 95-76; and
WHEREAS, the Developer has filed with the City the Final Plat for "Marsh
Pointe", a copy of which plat is attached hereto and made a part hereof as Exhibit B-1,
B-2 and B-3; and
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. 95-76,
incorporated herein as Exhibit C-l through C-3. In addition, development of the P.U.D.
is subject to the requirements of the R-IA, 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*
(e) Wetland buffer/Setback: 35/15 feet
(f) Enchanted Wetland Buffer/Setback:
(Lots 1,2,4,5,6 and 7, Block 1) 50/15 feet**
* Smithtown Road Setback: 50 feet
. **City Designated Wetland
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(02) Maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one-half stories or 35 feet, whichever is less.
(03) Use of Outlot within the plat: Outlot A shall be deeded to the City for
drainage and wetland conservation purposes.
(04) The Developer shall comply with the requirements of Shorewood's
wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn.
Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of
this agreement that areas adjacent to wetlands be maintained in their natural state.
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(a) A minimum 35-foot buffer strip shall be maintained adjacent to all
wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips.
Where disturbed by site development, wetland buffer strips shall be
restored with natural vegetation.
(c) Wetland buffer strips shall be identified within each lot by
permanent monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland
buffer strip and as necessary to establish required setbacks from the
wetland buffer strip. Monuments shall be placed within 60 days of
completion of site grading or prior to issuance of a building permit,
whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or
Registrar of Titles, a notice of the wetland buffer requirement against the
title of each lot with a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and
play equipment may be located in the wetland buffer strip or the required
wetland setback area, except that fences shall be allowed within the
wetland setback area.
(05) Resubdivision of Lot 7, Block 2. It is anticipated that Lot 7, Block 2 will
be subdivided into two lots in the future. Any such subidvision shall follow
formal platting procedures.
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:
All site grading including building pad correction where needed;
(01)
(02)
(03)
(04)
(05)
(06)
. (07)
Street grading, stabilizing and bituminous surfacing;
Surmountable concrete curb and gutter;
Sanitary sewer;
Storm sewer and surface water drainage facilities;
Watermains and service connections;
Street name signs and traffic control signs;
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(08) Required landscaping and reforestation;
consistent with the plans and specification prepared by Schoell & Madsen, Inc., dated 15
August 1996, and received and approved by the City Engineer.
It is understood that the above improvements do not include any of the "Public
Improvements" to be constructed by the City in extending City water to the property. It is
further 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 Marsh Pointe for the
development of the Subject Property. Said plat is attached hereto and made a part hereof
as Exhibit B-1, B-2 and B-3. 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 as the Developer's final plan for development
of the property. The final plat shall be recorded with the Hennepin County Recorder by
16 June 1997.
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, except the final lift of asphalt, shall be performed to be completed by 1
October 1997. The final lift of asphalt shall be completed by 1 July 1998. 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-
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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,
surface water drainage. facilities and watermains 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 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.
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 ftee 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.
IS.) 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 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.
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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.
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.
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.) 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 submiuo 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 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 $1 ,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.
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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.
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.
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
$32,000 ($1000 for each lot) as local sanitary sewer access charges. At such time as Lot
7, Block 2 is resubdivided, one additional sewer access charge shall be paid at the rate in
effect at the time said lot is resubdivided.
26.) Municipal Water Charges - Developer agrees that a special assessment will
be levied against all lots except Lot 7, Block 2 in the amount of five thousand dollars
($5000) per lot for City water. Developer understands that the City will follow the
procedures required by law to levy trunk charges in the amount of five thousand dollars
($5000) per lot to be levied against all lots except Lot 7, Block 2. At such time as Lot 7,
Block 2 is resubdivided one additional trunk charge will be levied by the City at the rate in
effect at the time said lot is resubdivided. Developer has requested, and the City agrees,
that these charges and the special assessments, when levied by the City as an assessment
against each lot and will be levied over a period of not to exceed fifteen (15) years at an
. interest rate not to exceed seven percent(7%).
27.) Park Fund Pavment - Developer shall, prior to release of the final plat by
the City, make a cash payment to the City in the sum of $31,000 (31 x $1000) for the
Park Fund. Credit has been allowed for Lot 7, Block 2. At such time as Lot 7, Block 2
is resubdivided, one additional park fee shall be paid at the rate in effect at the time said lot
is resubdivided.
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
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To the Developer:
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd,
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
Peter Pflaum
Lundgren Bros. Construction, Inc,
935 East Wayzata Boulevard
Wayzata, MN 55391
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With a Copy to:
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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.
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.
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32.) 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 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
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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.
(02) 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:
(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) 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 Counteq>arts - 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.
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~~~~ \(
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LUNDGREN BROS. CONSTRUCTION, INC.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
By:
~
Its: Mayor
A 1"1 1::S1':
/,'~
t}1:lIvtVA C! .. .
City A:f!ministrator/Clerk
f
j
On this ~day of ~fJ (12 ./r~.:Lt/., 1996, before me, a Notary Public within and
for said County, personally appeared Robert B. Bean and James C. Hurm 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.
.,.......~....v.V"IA..,..;...~A...."...V.t"~..A..V'~.
I THERESA L. NAAB I
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31, 2000
. .
STATE OF MINNESOTA
~... C7f-:~~
Notary Public
ss.
COUN:: :~sH~~::: of J{1'L , 19~, before me, within and for said Connty,
personally appeared . Lundgren Bros. Construction, Inc., the Developer,
described in and 0 executed the foregoing instrument and acknowledged that it executed the
same as its act and deed.
. c- \ I V.' QJ\l~ ',~J-
IQ:{.(J -r'o r !l(l tU') ~Ol J
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes A venue South
Minneapolis, Minnesota 55431
(TJK)
t ~,~ JiJw-
Not Public
.
II
MARC S. ANDERSON I
NOTARY PUBLlC.MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
.
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Schedule A Legal Description Continued
File No.:
C 2466540
Parcell:
Tract A, Registered Land Survey No. 1064, Hennepin County, Minnesota.
Torrens Certificate Number: 837460
Parcel 2:
That part of the Southeast Quarter of the Northwest Quarter, Section 32, Township 117, Range 23, described as
beginning at a point on the South line of said Southeast Quarter of the Northwest Quarter 313.5 feet East from the
Southwest corner of said Southeast Quarter of the Northwest Quarter; thence East along the South line of said
Southeast Quarter of the Northwest Quarter 165 feet; thence North parallel with the West line of said Southeast
Quarter of the Northwest Quarter 330 feet; thence East parallel with the South line of said Southeast Quarter of the
Northwest Quarter 264 feet; thence North parallel with the West line of said Southeast Quarter of the Northwest
Quarter to the North line of said Southeast Quarter of the Northwest Quarter; thence West along said North line 429
feet more or less to its intersection of a line drawn parallel with the West line of said Southeast Quarter of the
Northwest Quarter from the point of beginning; thence South along said parallel line to the point of beginning except
that part thereof described as the West 115 feet of the South 378.78 feet as measured along the Southerly and
Westerly line thereof, Hennepin County, Minnesota
Torrens Certificate Number: 763691
Parcel 3:
That part of the Southeast Quarter of t~e Northwest Quarter, Section 32, Township 117, Range 23, described as
follows: Commencing at the Southwest corner thereof; thence North along the West line thereof a distance of 200
feet, to the point of beginning of land to be described; thence East and parallel to the South line thereof, a distance
of 145 feet; thence South and parallel with the West line thereof, a distance of 200 feet to the South line thereof;
thence East along the South line thereof a distance of 20 feet; thence North andparallel with the West line thereof, a
distance of 31.29 rods; thence East and parallel with the South line thereof a distance of 9 rods; thence North and
parallel with the West line thereof a distance of 48.71 rods to the North line thereof; thence West along said North
line a distance of 19 rods to the Northwest corner thereof; thence South along the West line thereof a distance of
1,165 feet; more or less, to a point 200 feet North of the Southwest corner thereof, the point of beginning, Hennepin
County, Minnesota.
Abstract.
Exhibit A
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CITY OF SHOREWOOD
RESOLUTION NO. 95-76
A RESOLUTION APPROVING DEVELOPMENT STAGE PLANS
AND A PRELIMINARY PLAT
FOR LEDIN/WARTMAN/MINNEWASHTA P.U.D.
WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) is the owner of real
property located in the City of Shorewood, County of Hennepin, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant received Concept Plan approval subject to the
conditions set forth in Shorewood Resolution No. 95-50, dated 12 June 1995, which
resolution is on file at the Shorewood City Hall; and
WHEREAS, the Applicant has now applied to the City for approval of
Development Stage Plans and a Preliminary Plat for the construction of a residential
planned unit development known as the LedinlWartmanlMinnewashta P.D.D., containing
thirty-two (32) single-family lots on approximately 75.58 acres of land; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
13 July 1995; and
WHEREAS, the Planning Commission at its regular meeting of 18 July 1995
recommended approval of Development Stage and a Preliminary Plat Plans for the
LedinlWartmanlMinnewashta P.D.D., subject to conditions; and
WHEREAS, the Park Commission at its regular meeting of 8 August 1995,
discussed whether the City should require cash in lieu of land as a park dedication
requirement; and
WHEREAS, the Applicant's request was considered by the City Council at its
regular meeting of 14 August 1995, at which time the City Planner's memorandum and the
minutes of the Planning Commission were reviewed, and comments were heard by the City
Council from the Applicant and City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the existing zoning of the property is R-IA, Single-Family Residential.
2. That the total area of the property is approximately 75.58 acres, consisting
of three parcels, one of which is occupied by an existing single-family dwelling, and of
which approximately 42.6 acres exists as City-designated wetlands.
3. That the Applicant proposes to divide the property into 32 single-family
residential lots, including one with an existing home on it, plus one outlot.
- 1 -
Exhibit C-l
.
.
.
~
4.
That the proposed net density of the project is 1.1 unit per 40,000 square
feet.
5 . That islands of dry ground surrounded by the wetlands, containing
approximately 1.6 acres, will be platted as an outlots to be preserved as common open
space by owners of lots within the plat.
6. That a strip of dry ground on the north side of Smithtown Road, containing
2.9 acres, may be platted as a separate outlot to be preserved as common open space by the
owners of lots within the plat.
7. That it is understood that the lot with the existing home on it is capable of
being replatted as two lots in the future.
CONCLUSIONS
A. That the density of the proposed P.D.D. is within the guidelines of the
Shorewood Comprehensive Plan and Zoning Code.
B. That the Applicant's request for Development Stage P.D.D. and Preliminary
Plat approval for 32 single-family residential lots (including one existing home) is hereby
approved, subject to the following conditions and restrictions:
1. Protective covenants for the P.D.D. shall clearly set forth provisions
for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site
alteration, etc.).
2.
Required minimum setbacks within the P.D.D. shall be as follows:
Front:
Rear:
Side:
Side Abutting Street:
Wetland Buffer/Setback:
Enhanced Wetland Buffer/Setback:
(Lots 1,2,4,5,6 and 7, Block 1)
35 feet
40 feet
10 feet
35 feet *
35/15 feet
50/15 feet **
* Smithtown Road setback: 50 feet
** City Designated Wetland
3. Natural vegetation shall be maintained in the wetland buffer areas.
4. The Applicant shall dedicate wetland conservation easements over
the City designated and Wetland Conservation Act wetlands and the buffer area
required in (2.) above.
5. Dpon completion of final grading, the Applicant shall cause his
surveyor to place survey monuments locating the wetland buffer area on each lot.
6. R-IA zoning requirements, except as modified herein, shall be
maintained throughout the P.D.D.
7. The P.D.D. shall be connected to the municipal water system and
shall be subject to the following water trunk charges and assessments:
- 2 -
Exhibit C-2
.
.
.
#
Trunk charges: 31 lots x $5000 = $155,000
Water assessment: 3210ts* x $5000 = $160.000
Total $315,000
* The lot with the existing home on it is not subject to trunk charges.
8 . Plans for wetland mitigation must be approved by the Minnehaha
Creek Watershed District.
9. On-site ponding intended to handle storm water runoff from the
project shall be designed to National Urban Runoff Program (NURP) standards,
and shall be sized based on detailed runoff calculations to be submitted by the
applicant and approved by the City Engineer.
10. If the project is constructed in two phases, watermain construction
may necessitate that the entire street right-of-way through the plat be dedicated in
the first phase.
11. The applicant shall prepare a tree preservation and replacement plan
consistent with the policy currently being drafted by the Shorewood Planning
Commission.
C. City Council approval of the Development Stage Plans is subject to all
applicable standards, regulations, and requirements of the Shorewood City Code,
including, but not limited to the following:
1. Section 1201.04.04 Subd. 1. regarding the procedures for review
and approval of conditional use permits;
2. Section 1201.06, Subd. 3. regarding special procedures for the
establishment of a P.U.D. by conditional use permit;
3. Section 1201.25 Subd. 6.c.(1) regarding the purpose of
Development Stage approval.
D. Approval of the Development Stage Plans is not intended, nor does it act to
grant approval of a Final Plan which is required pursuant to Section 1201.25, Subd. 6.d.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
28th day of August, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
- 3 -
Exhibit C-3