96-102
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CITY OF SHOREWOOD
RESOLUTION NO. 96 - j.02
A RESOLUTION APPROVING THE FINAL PLAT OF
McCARY ADDITION
WHEREAS, the final plat of McCary 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 . That the plat of McCary Addition is hereby approved.
2. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
3 . That this final plat and the Water Service Agreement attached hereto and made a part
hereof shall be filed and 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 Adminitrator/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 12th
day of November, 1996.
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~\.t,u..'--\' 'l;j {.~J21vC.-.
Robert B. Bean, Mayor
ATIEST:
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CITY OF SHOREWOOD
WATER ASSESSMENT AGREEMENT
TillS WATER ASSESSMENT AGREEMENT is entered into this
day of , 1996, by and between Thomas E. and Mary B. McCary
(Property Owners) and the City of Shorewood, a Minnesota municipal corporation (the
City).
RECITALS:
WHEREAS, the Property Owner is the fee owner of real property (hereinafter
"the Property") legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the City did or shall undertake the construction and installation of a
municipal water system to serve the Property; and
WHEREAS, the Property Owner did apply to the City for the division of the
Property to create a new buildable lot (hereinafter the "Buildable Lot") legally described as:
"Lot 2, Block 1, McCary Addition, Hennepin County, Minnesota"; and
WHEREAS, the Buildable Lot will benefit from access to municipal water at such
time it is provided by the City; and
WHEREAS, the parties intend that the Property Owner of the Buildable Lot shall
promptly pay for the cost of the construction and installation of the municipal water system
(hereinafter the "Water Assessment") at the time municipal water is made available to the
Buildable Lot.
NOW, THEREFORE, in consideration of the promises contained herein .and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1.) The Water Assessment is fair, reasonable, not subject to appeal and shall be
promptly paid by Property Owner at such time as water is made available to
the Buildable Lot.
2.) This Water Assessment Agreement binds and benefits the Property Owner
and the City and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Water Assessment
Agreement on the day and year fIrSt above written.
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CITY OF SHOREWOOD
PROPERTY OWNER
By:
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1995, by , the
City Administrator/Clerk of the City of Shorewood, a Minnesota municipal corporation on
behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1995, by
day of
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1995, by
day of
Notary Public
This instrument was drafted by:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431-1194
(TJK)
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...
Legal Description:
"That part of Government Lots 7 and 8, Section 36, Township 117, Range 23
described as commencing at the center of said Section 36; thence West along the
North line of Government Lot 8 and its extension 1236.92 feet; thence due South at
right angles 1254.24 feet to a point hereinafter designated and referred to as Point
"X", thence South 58 degrees, 46 minutes East 151.3 feet to a point hereinafter
designated and referred to as Point "Y" which Point is marked by a Judicial
Landmark; thence South 31 degrees, 3 minutes West 215.6 feet to the actual point
of beginning; which point is marked by a Judicial Landmark; thence North 70
degrees, 30 minutes West 148.6 feet to a point marked by a Judicial Landmark;
thence North 70 degrees, 30 minutes West 148.6 feet to a point marked by a
Judicial Landmark; thence North 67 degrees, 42 minutes West through a Judicial
Landmark distant 10 feet more or less from the shore of Christmas Lake to the
shore of Christmas Lake; thence Northeasterly along the shore of Christmas Lake to
an intersection with a line bearing North 58 degrees 46 minutes West from said
Point "X"; thence South 58 degrees, 46 minutes East through a Judicial Landmark
distant 18 feet more or less from the shore of Christmas lake to said Point "X";
thence continuing South 58 degrees, 46 minutes East 151.3 feet to said Point "Y";
thence North 33 degrees, 59 minutes East 48.88 feet to a point marked by a Judicial
Landmark; thence South 58 degrees, 46 minutes East 365.83 feet to an intersection
with a line drawn parallel with and 1481.85 feet South, measured at right angles
from the North line of said Government Lot 8, which point of intersection is
marked by a Judicial Landmark; thence East along said parallel line through a
Judicial Landmark distant 8 feet more or less from the shore of Silver Lake to the
shore of Silver Lake; thence Southwesterly along the shore of Silver Lake to an
intersection with a line bearing South 67 degrees, 56 minutes East from the actual
point of beginning; thence North 67 degrees 56 minutes West through a Judicial
Landmark distant 15 feet more or less from the shore of Silver Lake to the actual
point of beginning. For purposes of this description the North line of said
Government Lot 8 is assumed to be a due East and West line. Judicial Landmarks
on the Southwesterly boundary line are set pursuant to Torrens Case No. 14880.
Judicial Landmarks on the Northeasterly boundary line are set pursuant to Torrens
Cases numbered 14880 and 14646, according to the Government Survey thereof.
Subject to a road easement over said parts of said Government Lots 7 and 8 which
lies 6 feet on either side of the following described line: Commencing at a point on
the line between Points "X" and "Y", 7 feet Northwesterly of Point "Y", thence
South 30 degrees, 45 minutes 10 seconds West 216.83 feet more or less to the
South line of said Tract, Hennepin County, Minnesota."
Exhibit A
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CITY OF SHOREWOOD
WATER ASSESSMENT AGREEMENT
THIS WATER ASSESSMENT AGREEMENT is entered into this ___5""11
day of ..:ru 11 e, , 1997, by and between Thomas E. and Mary B. McCary
(Property Owners) and the City of Shorewood, a Minnesota municipal corporation (the
City).
RECITALS:
WHEREAS, the Property Owners are the fee owners of real property (hereinafter
"the Property") legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the City did or shall undertake the construction and installation of a
municipal water system to serve the Property; and
WHEREAS, the Property Owners did apply to the City for the division of the
Property to create a new buildable lot (hereinafter the "Buildable Lot") legally described as:
"Lot 2, Block 1, McCary Addition, Hennepin County, Minnesota"; and
WHEREAS, the Buildable Lot will benefit from access to municipal water at such
time it is provided by the City; and
WHEREAS, the parties intend that the Property Owners of the Buildable Lot shall
promptly pay for the cost of the construction and installation of the municipal water system
(hereinafter the "Water Assessment") at the time municipal water is made available to the
Buildable Lot.
NOW, THEREFORE, in consideration of the promises contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1.) The Water Assessment is fair, reasonable, not subject to appeal and shall be
promptly paid by Property Owners at such time as water is made available
to the Buildable Lot.
2.) This Water Assessment Agreement binds and benefits the Property Owners
and the City and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Water Assessment
Agreement on the day and year first above written.
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CITY OF SHOREWOOD
By:
By:
STATEOFMINNESO ^ )
) ss.
COUNTY OF HENNEPIN )
PROPERTY OWNERS
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By: Y'\/!J.,\.i
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d{;e foregoing instrument was acknowledged before me this ~3rJ.- day of
JVL 1997, by James C. Hurm, the City Administrator/Clerk and
Tom Dahlberg, the Mayor of the City of Shorewood, a Minnesota municipal corporation on
b~half of the co oration. .
I THERESA L. NAAB I
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. 2000
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Notary Public __.n - n.
ST ATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ,5- rf day of
;:riA" -f. 1997, by rht:'JH(vl' 'IE ~1"'(""4'-7
.,=~ NotaryPub~~
(-71
The foregoing instrument was acknowledged before me this ...)
Tu-n<. 1997, by rr/a,...,. B /Pi r ~t:I.-?
/ "
('a./~
Notary Public
STATEOFMINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CARL N. ZlNN
NOTARY PUBUc-M!NNESOTA
MY COMMISSION EXPIRES 14to2OOO
This instrument was drafted by:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431-1194
(TJK)
day of
.,.. ,~, --
.
Legal Description:
"That part of Government Lots 7 and 8, Section 36, Township 117, Range 23
described as commencing at the center of said Section 36; thence West along the
North line of Government Lot 8 and its extension 1236.92 feet; thence due South at
right angles 1254.24 feet to a point hereinafter designated and referred to as Point
"X", thence South 58 degrees, 46 minutes East 151.3 feet to a point hereinafter
designated and referred to as Point "Y" which Point is marked by a Judicial
Landmark; thence South 31 degrees, 3 minutes West 215.6 feet to the actual point
of beginning; which point is marked by a Judicial Landmark; thence North 70
degrees, 30 minutes West 148.6 feet to a point marked by a Judicial Landmark;
thence North 70 degrees, 30 minutes West 148.6 feet to a point marked by a
Judicial Landmark; thence North 67 degrees, 42 minutes West through a Judicial
Landmark distant 10 feet more or less from the shore of Christmas Lake to the
shore of Christmas Lake; thence Northeasterly along the shore of Christmas Lake to
an intersection with a line bearing North 58 degrees 46 minutes West from said
Point "X"; thence South 58 degrees, 46 minutes East through a Judicial Landmark
distant 18 feet more or less from the shore of Christmas lake to said Point "X";
thence continuing South 58 degrees, 46 minutes East 151.3 feet to said Point "Y";
thence North 33 degrees, 59 minutes East 48.88 feet to a point marked by a Judicial
Landmark; thence South 58 degrees, 46 minutes East 365.83 feet to an intersection
with a line drawn parallel with and 1481.85 feet South, measured at right angles
from the North line of said Government Lot 8, which point of intersection is
marked by a Judicial Landmark; thence East along said parallel line through a
Judicial Landmark distaIlt 8 feet more or less from the shore of Silver Lake to the
shore of Silver Lake; thence Southwesterly along the shore of Silver Lake to an
intersection with a line bearing South 67 degrees, 56 minutes East from the actual
point of beginning; thence North 67 degrees 56 minutes West through a Judicial
Landmark distant 15 feet more or less from the shore of Silver Lake to the actual
point of beginning. For purposes of this description the North line of said
Government Lot 8 is assumed to be a due East and West line. Judicial Landmarks
on the Southwesterly boundary line are set pursuant to Torrens Case No. 14880.
Judicial Landmarks on the Northeasterly boundary line are set pursuant to Torrens
Cases numbered 14880 and 14646, according to the Government Survey thereof.
Subject to a road easement over said parts of said Government Lots 7 and 8 which
lies 6 feet on either side of the following described line: Commencing at a point on
the line between Points "X" and "Y", 7 feet Northwesterly of Point "Y", thence
South 30 degrees, 45 minutes 10 seconds West 216.83 feet more or less to the
South line of said Tract, Hennepin County, Minnesota."
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Exhibit A