95-062CITY OF SHOREWOOD
1 0 RESOLUTION NO. 95 -62
A RESOLUTION APPROVING THE FINAL PLAT OF
HERITAGE
WHEREAS, the final plat of Heritage 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 Heritage is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement for Heritage 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 filed 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 July,
1995.
Robert B. Bean, Mayor
ATTEST:
JAMES C. HURM
City Administrator /Clerk
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
is HERITAGE
PLANNED UNTT DEVELOPMENT
I
THIS AGREEMENT, made this day of It , 1995, by and
between the CITY OF SHOREWOOD, a Minnesota n nicip orp ration, hereinafter referred to
as the "City", and ABINGDON DEVELOPMENT CORPORATION, a Minnesota corporation,
hereinafter referred to as the "Developer ".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A -1
and A -2, 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 24 lots and 3 outlots; 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 2 May 1995, and at a meeting of the City Council on 22 May 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 -49; and
WHEREAS, the Developer has filed with the City the Final Plat for "Heritage ", a copy of
which plat is attached hereto and made a part hereof as Exhibit B -1 and B -2; 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 -49, incorporated herein
as Exhibit C -1 through C -4. 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: 50 feet
(b) Rear: 50 feet
(c) Side: 10 feet
(d) Side yard abutting a street: 50 feet
(e) From wetland buffer strip: 15 feet
(02) Maximum building height shall be two and one -half stories or 35 feet, whichever is
less.
(03) Use of Outlots within the plat shall be as follows:
(a) Outlot A shall be deeded to the City for drainage and wetland conservation
is purposes.
(b) Outlot B shall be common open space for the use of residents of the P.U.D.
Plans for any common recreational facilities to be located on Outlot B shall be
approved by the City Council. Buildings shall not be allowed on Outlot B.
(c) Outlot C shall be used as a landscaped entry tot he P.U.D. and shall be
owned and maintained by the homeowner's association.
(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.
(a) A minimum 35 -foot buffer strip shall be maintained adjacent to all wetlands.
(b) Naturai 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.
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) Street grading, stabilizing and bituminous surfacing;
(02) Surmountable concrete curb and gutter;
(03) Sanitary sewer;
(04) Storm sewer and surface water drainage facilities;
(05) Watermains and service connections;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
consistent with the plans and specification prepared by Sathre- Bergquist, Inc. dated 26 May 1995,
and received and approved by the City Engineer on 12 July, 1995.
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 g electric, telephone, and television cable shall be installed
by the respective private utility companies pursuant to separate agreements with the Developer.
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3.) Final Plat Grading Drainage and Utility Plan Building Plan - The Developer has
tiled with the City Clerk the final plat titled Heritage for the development of the Subject Property.
Said plat is attached hereto and made a part hereof as Exhibit B -1 and B -2. Said final plat, together
with the grading, drainage, and utility plans, referenced in paragraph '- above and this
Development Agreement, is herewith adopted and approved by the City as the Developer's final
plan for development of the property.
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.
S.) 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
ZI
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.
0 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a
bar chart indicating the proposed progress schedule and order of completion of work covered by
this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
performed to be completed by 1 October, 1996. 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.
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. Surveving and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above - described improvements and
delineation of the wetland buffer areas. In order to ensure that the completed improvements
conform to the approved plans and specifications, the City will provide for resident inspection as
determined necessary by the City Engineer.
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12.) 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 ail 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.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the City Engineer.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied
that all work is completed in accordance with the approved plans and specifications, and the
Developer's engineer has submitted a written statement attesting to same, the City Engineer shall
recommend that the improvements be accepted by the City.
. 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.) Rellacement - 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
4
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 ail 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.
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 $21,000 ($1000 each
for the following lots: Lots 1 -8, Block 1; Lots 2 -11, Block 2; and Lots 1 -3, Block 3) as local
sanitary sewer access charges. Credit has been allowed for Lots 9 and 10, Block 1 and Lot 2,
Block 2 with the existing homes on them.
26.) Municipal Water Charges - Developer agrees that a special assessment will be levied
against the following lots in the amount of five thousand dollars ($5000) per lot for City water:
Lots 1 through 8, Block 1
Lots 2 through 11, Block 2
Lots 1 through 3, Block 3
Developer further agrees to pay trunk charges in the amount of five thousand dollars (55000) per
lot to be levied against said lots. Developer has requested, and the City agrees, that these charges
5
and the special assessments will be paid as an assessment against each lot and will be paid over a
• period of not to exceed fifteen (15) years at an interest rate not to exceed seven percent (7 %).
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 $15,750 (21 x $750) for the Park Fund. Credit has
been allowed for the three lots with existing homes on them.
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
With a Copy to: Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
• To the Developer: Anthony Eiden
Abingdon Development Corporation
4100 Berkshire Lane
Plymouth, Minnesota 55446
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.
C,
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.
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 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
le 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.
3 5.) Execution of Counte [parts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
is and the same instrument.
7
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.
ABINGDON DEVELOPMENT
CORPORATION
0 1
*
Anthony Eiden,
Its: Mayor
.J-Cf
City 4 ministrator /Clerk
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this . & dav of u 1 , 1995, before me, a Notary Public within and
for said County, personally appear 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 sinned 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
JA 4 - - P —; ; �11i�CSnn
Theresa L. Nat Henne Notary Public Y
STATE OF M - ;NESOTA
ss.
COUNTY OF HENNEPIN
On this Z�� day of __ , 1995, before me, within and for said County,
personally appeared Anthony Eiden, P sident, Abingdon Development Corporation, the
Developer, described in and who executed the foregoing instrument and acknowledged that it
executed the same as its free act and deed.
- LINDA L KIEL
ti Notary Public Minnesota
My Commission Expires Jan. 31, 2000
CITY OF SHOREWOOD
., Bv:
Notary Publi
F
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1 500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 5 431
(TJK)
L
KNOW ALL MEN BY THESE PRESENTS: That Abingdon Development Corporation, a Minnesota
corporation, fee owner, of the following described property situated in the State of Minnesota, County
of Hennepin, to wit:
(1) Tract B of Registered Land Survey No. 1644. Files of Register of Titles,
(2) That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 117,
Range 23, described a follows, to wit:
Beginning at a point in the north line of the Northwest Quarter of the Northwest Quarter of
Section 32 which point is 214.5 feet west of the northeast corner of said Northwest Quarter of
the Northwest Quarter of Section 32; thence south parallel with the east line of said Northwest
Quarter of the Northwest Quarter, 924.61 feet; thence east parallel with the north line of said
Northwest Quarter of the Northwest Quarter, 214.5 feet to the east line thereof; thence south
along the east line of said Northwest Quarter of the Northwest Quarter, 452.2 feet to the
southeast corner of said Northwest Quarter of the Northwest Quarter; thence West along the
south line of said Northwest Quarter of the Northwest Quarter of Section 32, a distance of
554.5 feet; thence north parallel with the east line of said Northwest Quarter of the Northwest
Quarter a distance of 948.4 feet to a point 435.60 feet south of the north line of said Northwest
Quarter of the Northwest Quarter, as measured parallel with the east line of said Northwest
Quarter of the Northwest Quarter; thence east and parallel with the north line of said
Northwest Quarter of the Northwest Quarter, 100 feet; thence north and parallel with the east
line of said Northwest Quarter of the Northwest Quarter of Section 32 a distance of 435.6 feet
to the north line of said Northwest Quarter of the Northwest Quarter of Section 32; thence east
along said north line 240 feet, more or less, to the place of beginning, except therefrom a strip
of land 12 feet wide, along the northerly line of said land above described, the north line of
which is the north line of said Section 32 of land being now used as a public road as
surveyed; and
Except that part of the south 425.86 feet of the north 437.86 feet of the Northwest Quarter of
the Northwest Quarter of Section 32, Township 117, Range 23, lying west of a line drawn south
parallel with the east line of said Northwest Quarter of the Northwest Quarter from a point on
the north line of said Northwest Quarter of the Northwest Quarter distant 214.5 feet west from
the northeast corner of said Northwest Quarter of the Northwest Quarter, and lying east of a
line drawn parallel with and 50 feet east, measured at right angles, from a line hereinafter
referred to a Line "A ", said Line "A" being described as follows: Commencing at southeast
corner of said Northwest Quarter of the Northwest Quarter; thence west along the south line
of said Northwest Quarter of the Northwest Quarter a distance of 554.5 feet; thence north
parallel with the east line of said Northwest Quarter of the Northwest Quarter a distance of
948.4 feet; thence east parallel with the north fine of said Northwest Quarter of the Northwest
Quarter a distance of 100 feet to the point of beginning of said Line "A "; thence north parallel
with said east line to said north line, and said Line "A" there ending.
Exhibit A -1
LEGAL DESCRIPTION
(3) The west 300.00 feet of that part of the Northwest Quarter of the Northwest Quarter of Section
32, Township 117, Range 23, lying north the south 300.00 feet thereof.
EXCEPT: That part as set forth in quit claim deed document number 4075058 commencing at
the northwest corner of Section 32, Township 117, Range 23; thence easterly along the north
line of said Section a distance of 126 feet to the actual point of beginning of tract to be
described; thence South, at right angles to the north line of said Section, a distance of 32 feet;
thence easterly at right angles a distance of 41 feet; thence northerly at right angles a
distance of 32 feet to the north line of said Section; thence westerly along said north line to
the point of beginning.
(4) That part of the North 924.61 feet of the East 214.50 feet of the Northwest Quarter of the
Northwest Quarter, Section 32, Township 117, Range 23, lying south of the North 219.00 feet
thereof. EXCEPT that part which lies west and north of the following described line:
Beginning at a point on the north line of said Northwest Quarter of the Northwest Quarter,
214.50 feet west of the northeast corner of said Northwest Quarter of the Northwest
Quarter; thence south and parallel with the east line of said Northwest Quarter of the
Northwest Quarter, to the south line of the north 437.86 feet of said Northwest Quarter of
the Northwest Quarter; thence west and parallel with the north line of said Northwest
. Quarter of the Northwest Quarter, to the west line of the east 214.50 feet thereof and said
line there terminating.
(5) Beginning at a point 454.5 feet west of the northeast corner of the Northwest Quarter of the
Northwest Quarter on the north line of Section 32, Township 117, Range 23, which point shall
be called the place of beginning; thence South a distance of 435.6 feet; thence west a distance
of 100 feet; thence north a distance of 435.6 feet; thence east a distance of 100 feet to the
place of beginning. Excepting therefrom a strip of land 12 feet along the northerly line of said
land above described, the north fine of which is the north line of said Section 32.
(6) Beginning at a point on the north line of the Northwest Quarter of the Northwest Quarter of
Section 32, Township 117, Range 23, which point is 554.5 feet west of the northeast corner of
the Northwest Quarter of the Northwest Quarter of said Section 32, thence west along the
north line of said section, 100 feet; thence south parallel to the east line of said Northwest
Quarter of the Northwest Quarter 435.6 feet; thence east parallel to the north line of said
Section, 100 feet to a point 554.5 feet west of the east line of said Northwest Quarter of the
Northwest Quarter, measured along a line drawn parallel to the north line of said section;
thence north parallel to the east line of said Northwest Quarter of the Northwest Quarter 435.6
feet to the point of beginning.
Exhibit A -2
HERITAGE
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DRAINAGE AND UTILITY EASEMENTS ARE
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Exhibit B -2
CITY OF SHOREWOOD
RESOLUTION NO. 95-49
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE PLANS
FOR HERITAGE P.U.D.
WHEREAS, Abingdon Development Corporation (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 has applied to the City for approval of a Concept Plan
and Development Stage Plans for the construction of a residential planned unit development
known as Heritage P. U.D., containing twenty-four (24) single - family lots on
approximately 34.9 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
4 April 1995, and in a memorandum to the Mayor and City Council dated i8 May 1995;
and
WHEREAS, the Planning Commission at its regular meeting of 2 May 1995
recommended approval of a Concept Plan and Development Stage Plans for the Heritage
P.U.D., subject to conditions; and
WHEREAS, the Park Commission at its regular meeting of 28 June 1994,
• recommended that the City 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 22 May 1995, at which time the City Planner's memoranda 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/S, Single - Family
Residential/Shoreland.
2 That the total area of the property is approximately 34.9 acres, consisting of
five parcels, three of which are occupied by existing single - family dwellings, and of which
approximately 11.35 acres exists as City- designated wetlands.
3 . That the Applicant proposes to divide the property into 24 single - family
residential lots, including three with existing homes on them, plus two outlots.
feet. 4. That the proposed net density of the project is 1.1 unit per 40,000 square
• 5. That a parcel of land controlled by the Applicant abutting Lake Minnetonka.
which was included in the Applicant's initial request has been removed from the project.
Exhibit C -1
SHOREWOOD RESOLUTION NO. 95 -49
6. That an island of dry ground surrounded by wetlands, containing
approximately 2.3 acres, will be platted as an outlot to be used as common open space by
owners of lots within the plat.
CONCLUSIONS
A. That the density of the proposed P.U.D. is within the guidelines of the
Shorewood Comprehensive Plan and Zoning Code.
B . That the Applicant's request for Concept and Development Stage P.U.D.
approval for 24 single- family residential lots (including three existing homes) is hereby
approved, subject to the following conditions and restrictions:
1. Deed restrictions shall be recorded against Lot 9, Block I and Lot 1,
Block 2 stating that they will not be further divided.
2. The proposed pedestrian access to the commonly owned island shall
be developed with the site improvements and clearly identified as being owned and
maintained by the homeowner's association.
3. Protective covenants for the P.U.D. shall clearly set forth provisions
for protecting the wetlands (i.e. no dumping of vard waste, no fencing, no site
alteration. etc.).
4. A 35 -foot natural buffer will be maintained adjoining all City
designated and Wetland Conservation Act wetlands
• 3. A 15 -foot structure setback shall be maintained from the buffer areas
referenced in (d) above.
6. The Applicant shall dedicate wetland conservation easements over
the City designated and Wetland Conservation Act wetlands and the buffer area
required in (d) above.
i . Upon completion of final grading, the Applicant shall place survey
monuments locating the wetland buffer area on each lot.
8. R -IA zoning, district setbacks shall be maintained throughout the
P. U. D.
9. The Applicant shall submit a revised preliminary plat shirting the
cul -de -sac on the west side of the street so as to accommodate a 50 -foot rear yard
setback on Lot 2, Block 2, and showing Lots 10 and 11, Block 2 as a single lot.
10. The P.U.D. shall be connected to the municipal water system and
shall be subject to the assessment and connection policies in effect at the time the
final plan is approved.
11. The Applicant shall submit a tree inventory and reforestation plan as
part of Final Plan fort the P.U.D.
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Exhibit C -2
C. City Council approval of the Concept and Development Stage Plans is
subject to all applicable standards, regulations, and requirements of the Shorewood City
Code, including, but not limited to the following:
I . Section 1201.04.04 Subd. 1. regarding the procedures for review
and approval of conditional use permits;
2. Section 1201.06, Subd. I regarding special procedures for the
establishment of a P.U.D. by conditional use permit;
3. Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept
plan approval.
D. Approval of the Concept and 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 12th day of June, 1995.
Robert B. Bean, Mayor
ATTEST:
Jan's C. Hurm, City Administrator /Clerk
•
Exhibit C -3
Legal Description:
a
"That part of the North 924.61 feet of the East 214.5 feet of the Northwest I/4 of the
Northwest 114 lying South of the North 219 feet, Section 32, Township 117, Range 23,
Hennepin County, Minnesota." P.I.N. 32- 117 -23 -22 -0002
"That part of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 114) of
Section Thirty-two (32), Township One Hundred Seventeen (117) North, Range Twenty -
three (2 West of the fifth Principal Meridian described as follows, to -wit: Beginning at a
point in the North Line of the Northwest Quarter of the Northwest Quarter (NW 1/4 of W
1/4) of Section Thirty-two (32) which point is 214.5 feet West of the Northeast corner of
said Northwest Quarter of the Northwest Quarter of Section Thirty-two (32); thence South
parallel with the East line of said Northwest Quarter of the Northwest Quarter, 924.61 feet;
thence East parallel with the North Line of said Northwest Quarter of the Northwest
Quarter, 2 14.5 feet to the East line thereof, thence South along the East Line of said
Northwest Quarter of the Northwest Quarter. 452. feet to the Southeast corner of said
Northwest Quarter of the Northwest Quarter, thence West along the South Line of said
Northwest Quarter of the Northwest Quarter of Section Thirty -two, 554.5 feet; thence East
and parallel with the North line of said Northwest Quarter of the Northwest Quarter, 100
feet; thence North and parallel with the East Line of said Northwest Quarter of the
Northwest Quarter of Section 32, 435.6 feet to the North Line of said Northwest Quarter of
the Northwest Quarter of Section Thirty -two; thence East along said North Line 240 feet
(more or less) to the place of beginning, except therefrom a strip of land 12 feet wide,
along the Northerly Line of said land above described, the North line of which is the North
Line of said Seciion Thirty-two of land being now used as a public road as surveyed; and
except that part of the South 425.86 feet of the North 437.86 feet of the Northwest Quarter
of the Northwest Quarter of Section 32, Township 117 North, Range 23 West of the 5th
Principal I'Vferidian, Iving West of a line drawn South parallel with the East line of said
Northwest Quarter of the Northwest Quarter from a point on the North line of said
Northwest Quarter of the Northwest Quarter distant 214.5 feet West from the Northeast
corner of said Northwest Quarter of the Northwest Quarter, and lying East of a line drawn
parallel with and 50 feet East, measured at right angles, from a line hereinafter referred to
as Line "A ", said Line "A" being described as follows: Commencing at the Southeast
corner of said Northwest Quarter of Northwest Quarter a distance of 554.5 feet; thence
North parallel with the East line of said Northwest Quarter of the Northwest Quarter a
distance of 948.4 feet, thence East parallel with the North line of said Northwest Quarter of
the Northwest Quarter a distance of 100 feet to the point of beginning of said Line "A ";
thence North parallel with said East line to said North line, and said Line "A" there
ending." P.I.N.32- 117 -23 -22 -0009
"Tract B of Registered Land Survey No. 1644. File of Register of Titles, County of
Hennepin." P.I.N. 29-117-23-33-0012
"That part of the West 300 feet of the Northwest 1/4 of the Northwest 1/4 lying North of
the South 300 feet thereof, except road. Section 32, Township 117, Range 23, Hennepin
County, Minnesota." P.I.N. 32- 117 -23 -22 -0007
Exhibit A
Exhibit C -4