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95-058 If . . . CITY OF SHOREWOOD RESOLUTION NO. 95-58 A RESOLUTION APPROVING THE FINAL PLAT OF ZACHARY WOODS WHEREAS, the final plat of Zachary Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and 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: (1) That the final plat of Zachary Woods is hereby approved. (2) That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement between the developer and the City of Shorewood, attached hereto and made a part hereof as Attachment 1; the conditions of the Developer's Preliminary Plat Approval contained in Shorewood Resolution No. 95-40, attached hereto and made a part hereof as Attachment 2; and the following: (a) The Developer must record the Declaration of Covenants, Conditions and Restrictions for Zachary Woods, Hennepin County, Minnesota, attached hereto and made a part hereof as Attachment 3, contemporaneously with the final plat. (b) The Developer must record the Declaration of Covenants, Conditions and Restrictions for Lot 4, Block 1, Zachary Woods, Hennepin County, Minnesota, attached hereto and made a part hereof as Attachment 4, contemporaneously with the final plat. (c) The Developer must record the Easement Agreement between the Developer and the Galpin Lane Homeowners Association, attached hereto and made a part hereof as Attachment 5, contemporaneously with the final plat. (d) The Developer must record the deed, attached hereto and made a part hereof as Attachment 6, conveying Outlot A to the property owner of 22690 Murray Street, contemporaneously with the final plat. (3) That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and said Development Agreements on behalf of the City CounciL (4) That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. l . ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of July 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . Developer failed to submit items (2)( c) & (d). . Developer failed to record final plat within 30 days. . APPROVAL IS VOID. . . Developer has since revised plat and made new application. . -2- . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT ZACHARY WOODS THIS AGREEMENT, made this day of , 1995, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and BRENT L. SINN and PAMELA K. SINN, husband and wife, hereinafter referred to as the "Developer". WHEREAS, the Developer is the fee owner 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, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of the Subject Property, said plat to contain approximately 3.7 acres divided into four lots and one outlot, and to be known as Zachary Woods; and WHEREAS, the City Council by its Resolution No. 95-40 adopted on 8 May 1995, has approved the preliminary plat of the Subject Property subject to conditions; and WHEREAS, the Developer has now submitted its final plat for the development of the subject property, which plat is attached hereto and made a part hereof as Exhibit B; and WHEREAS, the City Council by its Resolution No. adopted on 10 July 1995, has approved the final plat of the Subject Property subject to conditions; and WHEREAS, the Developer has made application to the City to be allowed at Developer's expense to widen Galpin Lane (a private street), install required landscaping, any storm sewer and surface water drainage facilities, street signs, and underground electric, gas and telephone service lines (the Improvements) to all lots within the plat approved by the City. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Zachary Woods, the City and the Developer agree as follows: 1.) 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 widening, stabilizing and bituminous surfacing; (02) Street name signs and traffic control signs; (03) Required landscaping 2.) Pre-construction Meetin~ - 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. . Attachment 1 1 . . . 3.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 1 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. 4.) 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. 5.) Schedule of Work - It is understood and agreed that the work shall be performed in one phase to be completed by 1 October 1995. 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. 6.) Streets. Sanitaty Sewer and Storm Sewer Facilities - (01) Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the construction of the Improvements subject to the final approval of the City Engineer. (02) As-Built Plan. Within sixty (60) days after the completion of construction, 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. (03) Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the widening, maintenance and use of the private street, installation of any storm sewer and surface water drainage facilities within the plat. (04) Pre-existin~ Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7.) Stakin~. Surveyin~ 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 on Lots 1 - 3. 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. 8.) Gradin~. Draina~e. 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 free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 2 . . . 9.) 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. 10.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by the widening of Galpin Lane. 11.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 1 are completed and approved by the City Engineer. 12.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work to determine that the work has been done in accordance with City standards. 13.) Sanitary Sewer Services - Sanitary sewer mains are located in Galpin Lake Road and in Galpin Lane and are available to serve the plat. Additional individual lot sewer services may be required at such time as homes are built on the lots. 14.) 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. 15.) 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. 16.) 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 24 below. 17.) 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. 18.) 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 1 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 6(02) 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 3 . completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 100% of the cost of the Improvements. At such time as all of the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 19.) 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 1 above, the Developers 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. 20.) 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. . 21.) 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 $3000 ($1000 each for Lots 1 - 3) as local sanitary sewer access charges. Credit has been allowed for Lot 4 with the existing home on it. 22.) 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 $2250 ($750 each for Lots 1 - 3) for the Park Fund. Credit has been allowed for Lot 4 with the existing home on it. 23.) Municipal Water Charges - Developer agrees to pay trunk charges in the amount of Five Thousand Dollars ($5,000) per lot to be levied against Lots 1,2 and 3. Developer has requested, and the City agrees, that these charges 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%). Developer and future owners or successors further agree that at such time as water becomes available to Zachary Woods that each lot (Lots 1, 2, 3 and 4) will be specially assessed at the rate in effect at the time water is available. Developer agrees to put future owners and successors on notice by way of a recorded covenant of (1) this future assessment and; (2) waiver by all parties to challenge these assessments. 24.) 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: . 4 . To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: Brent L. Sinn and Pamela K. Sinn 6035 Galpin Lake Road Shorewood, Minnesota 55331 25.) 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 utility easements provided to City shall be free and clear of all liens and encumbrances. 26.) Outlot A - Developer agrees that Outlot A shall be conveyed to the owner of the property at 22690 Murray Street. Conveyance of Outlot A shall be recorded contemporaneously with the recording of the plat. . 27.) Wetland Protection - The Developer agrees to cause his surveyor to place permanent survey monuments delineating a 35-foot wetland buffer area on Lots 1 - 3. At minimum, stakes shall be placed on all lot lines where they intersect with the 35-foot wetland buffer. The Developer shall include in the declaration of covenants and restrictions provisions stating that the 35-foot wetland buffer will be maintained in its natural state and that a 15-foot setback will be maintained from the 35-foot wetland buffer. . 28.) 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. 29.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of any 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. A separate Declaration of Covenants and Restrictions shall be recorded for Lot 4, stating that Lot 4 shall not be further subdivided until it has frontage on a public street. 30.) 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 1 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 5 . . . 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 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 1 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. 31.) 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. 32.) 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. 33.) Execution of CounteIl'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. 34.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 35.) 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. 6 . . . DEVELOPER: Brent L. Sinn Pamela K. Sinn STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITY: By: Its: Mayor ATTEST: City Administrator/Clerk On this day of , 1995, before me, a Notary Public within and for said County, personally appeared Robert B. Bean and James C. Hurm to me personaJly 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. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public On this day of , 1995, before me, within and for said County, personally appeared Brent L. Sinn and Pamela K. Sinn, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) Notary Public 7 . ''Lot 199, Auditor's Subdivision Number 135, EXCEPT that part of said Lot 199 lying Southerly of a line parallel with and distant 120 feet North of the North line of Murray Street as shown on said plat, AND EXCEPT that part thereof described as follows: Commencing at the Northeast comer of Let 199, Auditor's Subdivision No. 135, Hennepin County, Minnesota; thence South nineteen degrees East along the East line of said Lot 199, 150.2 feet; thence West 140.2 feet; thence North nine degrees West 175 feet to the North line of said lot; thence North eighty-six degrees fifteen minutes East 40.75 feet; thence South seventy-five degrees forty minutes East 107feet to the point of beginning; AND . That part of Let 199, Auditor's Subdivision Number 135, Hennepin County, Minnesota lying Southerly of a line parallel with and distant 120 feet North of the North line of Murray Street as shown on said plat and lying Easterly of a line 16.2 feet Westerly of and parallel with the Easterly line of said Lot 199." P.I.N. 34-117-23-44-0013 . Exhibit A Legal Description / r . <(, 1-: ,'\'2\.5\ ~'g . ~~ NO C. '" 0 z () ;;; /; ~-----: ,-- __---"\5020 ., I N I ~ I ~ I O~ ~ If;; 1....'" (fl IltJ 4} 12 +v / <<- I 'Ill ,<:'\ \'" . VI ",: \75,00 ~ \~/ N90\5'33 --~:~--- ;' - ---- '.) ',' r-- I \ \ \ \ \ w ~\ ;~~ ~ .(\1 ~\ :~::.. ~ \ 0 1- -"'- ;;; \ .~::':': _o---J ~ \ ~~---~~ L - - r_\.2.0.c~3 '--l _---N-r'17'48"w - .::'_ ;.:;;;J - 107.10_.-----' IQI.QI---, r-- i....) 1 1 CD I"! r--- I 1 fY': I I I co I I 1 ~:~:-. I I ~ j: \ I w I --.) 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A RESOLUTION APPROVING A PRELIMINARY PLAT FOR ZACHARY WOODS ' AND A V ARlANCE TO CREATE A LOT WITHOUT FRONTAGE-oN-A-PYBbIG-ST-REET" WHEREAS, Brent Sinn (Applicant) has an interest in certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Preliminary Plat of said real property as shown in Exhibit B, attached hereto and made a part hereof; and WHEREAS, Shorewood's Subdivision Code requires that all new lots have adequate frontage on a public street, and the Applicant proposes that one of the new lots in his plat will have its frontage on Galpin Lane, a private road, thereby necessitating a request for a variance; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 29 March 1995, which Memorandum is on fIle at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 4 April 1995, for which notice was duly published and all adjacent property owners duly notified; and . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property is zoned R-IC/S, Single-Family Residential/Shoreland, and contains approximately 3.7 acres and is occupied by a single-family residential dwelling. 2. That the property has approximately 317 feet of frontage on Galpin Lake Road, a public street, and 360 feet of frontage on Galpin Lane, a private road. 3. That the Applicant proposes to divide the property into four lots plus one outlot. 4. That the Applicant has received preliminary approval from the Galpin Lane Homeowner's Association to allow two of the proposed lots in the plat to be accessed from Galpin Lane, subject to certain conditions. 5 . That the proposed plat does not require construction of a new street, resulting in substantially less site alteration than a previous five-lot proposal submitted by the Applicant. 6. That, although one of the lots is large enough in area to redivide, the Applicant has agreed to record a deed restriction on the lot, stating that it will not be redivided until such time as it has access via a public street. . 7. That the Applicant proposes to convey the outlot to the owner of the property to the south. Attachment 2 . 8. That the Applicant proposes to fill in part of a wetland located on the west end of the property, and proposes a 2: I mitigation enlargement of the wetland to comply with Watershed District and City requirements. CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 Subd. 2. of the Shorewood City Code, and the variance to allow a new lot to be created without frontage on a public street is hereby granted. B . That the Applicant has satisfied the requirement of practical difficulty as set forth in Section 1202.09 Subd. 1 of the City Code. C. That the Applicant's request for preliminary plat approval for Zachary Woods is hereby granted. D. That such approval is subject to the following conditions: 1 . The Applicant must obtain all necessary easements for use of Galpin Lane from the Galpin Lane Homeowner's Association. . 2. The location of a driveway on Lot 1 must be at least 40 feet from the right- of-way of Galpin Lake Road. 3. The Applicant must widen Galpin Lane to at least 20 feet between Galpin Lake Road and the new driveway for Lot 4. 4. Any landscaping near the entry of Galpin Lane must be approved by the City, and must maintain a minimum 30-foot sight triangle with Galpin Lake Road. 5 . The Applicant must submit an Engineer's estimate or bid proposals for the required improvements on the project. 6. The Applicant must obtain approval from the Minnehaha Watershed District for the proposed wetland alteration 7. A 35-foot buffer area will be maintained from the wetland, and buildings will maintain a 15-foot setback from the buffer area. 8. removal. Temporary fencing will be erected to delineate the limits of fIlling and tree 9. Grading for the driveway accesses for all lots shall be subject to review and approval by the City Engineer. 10. The Applicant will resolve any discrepancy associated with the boundaries of the property. 11. The final plat will provide drainage and utility easements, 10 feet on each side of each side and rear lot line. . 12. The developer will prepare a detailed tree inventory, from which a tree preservation/replacement plan will be required. -2- , . . . 13. The project will be subject to the municipal water charges in effect at the time of final platting. 14. The developer shall prepare a protective covenant advising future buyers of the lots that they are subject to additional water charges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of May 1995. I ), , i-f,r-- i' ',. - -..j" j----;..tJ.J,~~..:r1 . : -J.~~ C - Robert B. Bean, Mayor ATTEST: II fA I . . ..~. ( & ;'''1U~ C, 1/vvV1 J anies c. Hurm, City Administrator/Clerk tl y -3 - . . . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA THIS DECLARATION, is made as of this _ day of , 1995 by Brent L. Sinn and Pamela K. Sinn, husband and wife ("Developer" and "Fee Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lots 1, 2, and 3, Block 1, Zachary Woods ("the Property"). 2. Developer intends to develop the property for residential purposes. 3. In order to provide for the necessary administration, preservation and enhancement of the Property, Developer hereby declares that the Property is and shall be transferred, held, sold, conveyed, occupied and developed only subject to the following covenants, conditions, restrictions, and reservations which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINmONS The following words, when used in this Declaration shall have the following meaning: a. "Property" shall mean that certain real property described and defined as Lots 1, 2, and 3, Block 1, Zachary Woods, Hennepin County, Minnesota. b. "Lot" shall mean Lot 1, Lot 2, and Lot 3, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. Lot 4, Block 1, Zachary Woods is specifically excluded from this Declaration and is not a "Lot" for purposes of this Declaration. c. "Dwelling" shall mean and refer to any house or appurtenant structure constructed upon the property intended for use and occupancy as a residence by a single family. 1 Attachment 3 . . . d. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. e. "Developer" shall mean Brent L. Sinn and Pamela K. Sinn, husband and wife as well as their heirs, successors and assigns if such should acquire more than one undeveloped Lot from the Developer for the purpose of development and are designated by Developer as their successor. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lots 1, 2, and 3, Block 1, Zachary Woods, inclusive and shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE III ARCHITECTURAL CONTROL a. No dome homes, no double wides, and no prefabricated homes shall be permitted on any Lot. No dwelling, building, fence, wall patio, or other structure shall be commenced, placed, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein (including material changes in color, materials or appearance, including planting of bushes and trees) be made, nor shall the grades and earth contours be substantially altered, until: (i) the builder or contractor who will actually perform the work, and (ii) the plans and specifications showing the nature, kind, shape, heights, color, materials, and location of the same, shall have been submitted to and approved in writing by the Architectural Control Committee (the "Committee"). The Committee shall initially be composed of Brent L. Sinn until houses have been constructed and Certificates of Occupancy have been issued for the three houses on the three Lots. Thereafter the Committee shall be composed of three (3) representatives who shall be the owners of Lots 1,2, and 3, Block 1, Zachary Woods. If there is more that one owner of a Lot, those owners shall appoint one of the owners to act as a representative on the Committee. In the event the Committee fails to approve or disapprove the builder or contractor, or any proposed design, materials, height, color or location within thirty (30) days after the identity of the builder or contractor and the plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. b. After Brent L. Sinn has been replaced by the three member Committee, the Committee shall appoint one of its three (3) members to be its chairman. The chairman shall call meetings of the Committee. A quorum of the Committee shall 2 . . . consist of two of its members. The Committee may act upon the vote or written consent of any two of its members. The chairman of the Committee is authorized to execute certificates of approval, notice of disapproval and similar instruments effectuating decisions of the Committee. c. At least thirty (30) days before construction is commenced, the Owner shall submit to the Committee two (2) complete sets of plans and specifications (including, without limitation, full site plans, and a complete description of exterior colors and materials), along with the name of the builder or contractor who will actually perform the proposed work, in care of the Committee at 6035 Galpin Lake Road, Shorewood, MN 55331 or such other address as the Committee may specify from time to time. d. Within thirty (30) days of receipt of plans and specifications and the name of the builder or contractor, the Committee shall approve or disapprove them in writing. The Committee may disapprove a builder or contractor if the Committee determines, in its sole discretion, that such builder or contractor does not meet the Committee's standards of credit worthiness and/or does not build homes or improvements of the same quality and in the same price range as previously approved by the Committee. The Committee may disapprove plans and specifications only for one or more of the following reasons: (1) Noncompliance with this Declaration; (2) Failure of a dwelling to be of a size, color, location or size compatible with, or failure of a Dwelling to be of the same general size, quality of construction and price range as the Dwellings previously approved by the Committee; (3) Failure of a Dwelling, fence or other material improvement to be placed and oriented on its Lot in a manner compatible with the dwellings built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; (4) Failure of a fence or other improvement to be compatible with improvements on adjoining Lots, and the character of the subdivision as a whole, in terms of height, location, design, materials and/or obstruction of view; (5) Failure of the plans and specifications to show, in the sole discretion of the Committee, all information necessary to evaluate the foregoing characteristics. The Committee's determination shall be conclusive. If the Committee disapproves the builder or contractor, or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. 3 . . . e. If construction of a Dwelling, fence or other improvement is commenced without approval by the Committee or the builder or contractor, and/or the plans and specifications, or if the construction of a Dwelling, fence or other improvement is not completed in accordance with approved plans and specifications, the Committee or any Owner may bring an action to enjoin further construction and to compel the nonconforming Owner to conform the Dwelling, fence or other improvement with plans and specifications approved by the Committee, provided that such action shall be commenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority in the case of a Dwelling, or the date of completion, in the case of a fence or other improvement. f. The Committee shall retain for a reasonable period all plans and specifications submitted to it and a record of all actions taken with regard to them. g. In the event that the Committee fails to discharge its obligations under this Article III, then any owner of Lot 1, 2, or 3, Block 1, Zachary Woods may bring an action to compel the discharge of such obligations but under no circumstances shall the Committee, its members, the Developer, or any of them, be liable to any person for damages (direct, consequential or otherwise). h. Architectural Liability. The Architectural Control Committee shall be concerned about the aesthetic characteristics only and does not assert architectural expertise. In the course of its duties, the Architectural Control Committee may request certain design modifications in the interest of producing overall lot improvements more complimentary to or compatible with the Zachary Woods community. It is the sole duty and responsibility of the applicant to employ an architect or other person to design the requested modifications in a safe and architecturally sound manner. Each owner of any interest in Lots 1, 2, and 3, Block 1, Zachary Woods, his heirs, successors and assigns, as a condition of his ownership, waives any right to damages which result from architectural designs and changes requested by the Architectural Control Committee. The Architectural Control Committee shall exercise its best judgment as to the aesthetic characteristics of architectural design and its judgment shall be final. ARTICLE IV BUILDING AND USE RESTRICTION: EASEMENTS a. Use. No Lot shall be used except for: 1. Single family residential purposes; 2. Office or similar use as an accessory to the use of the Lot and the Dwelling thereon for residential purposes, so long as such use does not materially affect the other Dwellings in Zachary Woods. 4 3. Lots or portions of Lots may be used by home builders for . temporary offices, and model homes. 4. Single family residential purposes include Dwellings and attached or detached garages, swimming pools, tennis courts, and attendant structures, such as storage sheds, pump houses and cabanas, but does not include "bed and breakfast" operations, hotels, boarding houses, or multi-family residential uses. No Dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single-family Dwelling not to exceed the height permitted by the City of Shorewood. Each Dwelling shall include a garage with space for at least two (2) cars, but the aggregate garage space shall not exceed space for four (4) cars. 5. A dwelling placed on a Lot shall have at least 2,000 finished square feet and shall have natural siding of either brick, stucco, or cedar. All structures constructed or placed on a Lot shall be fully completed on the exterior thereof within nine (9) months after commencement of construction. b. Home construction on Lot 1. The home to be constructed on Lot 1, Block 1, Zachary Woods shall face northerly toward Galpin Lane. c. Turnarounds on Lots 2 and 3. The driveways on Lots 2 and 3, Block 1, Zachary Woods shall be constructed so that a vehicle will be able to turn around and exit the Lot onto Galpin Lake Road by driving forward. . c. Prohibition of Dama~e and Certain Activities. Nothing shall be done or kept on any Lot or any part thereof, which would be a violation of any statute, rule ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, a Lot or any part thereof or of the Dwelling and/or improvement thereon shall be committed by any Owner or any guest or invitee of any Owner and each Owner shall indemnify and hold the other harmless against all loss resulting from any such damage or waste caused by him or her or his or her guests and invitees, to any Owner. No noxious, destructive or offensive activity shall be allowed on any Lots or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully on the Property or which will increase any other hazard insurance premiums payable by the other Owners for their Dwellings. d. Fences. Walls~ and Patios. No Owner shall construct, relocate, heighten, lower or otherwise move or change any fence, wall, deck or patio except as provided in Article III hereinabove. e. Prohibited Structures. No structure of a temporary character, trailer, tent or shack shall be on the Property except by builders during the period of construction of a Dwelling. . 5 . . . f. Storage. Outside storage of boats, recreational vehicles, trailers, inoperable cars or other property shall not be allowed unless screened from view by enclosures approved in accordance with the architectural control provisions in Article III hereof, provided that outdoor cooking equipment, patio furniture and children's recreational facilities of a moveable character which are well-maintained and attractive (as determined by the Committee) may be kept upon a Lot. The storage or collection of rubbish of any character whatsoever, any material that omits foul or obnoxious odors, the growing of any noxious weed or other natural substance, and the harboring of any source of noise or activity which disturbs the peace, comfort or serenity of Owners, is prohibited. Usual trash and garbage shall be kept in sanitary containers in a neat and clean condition, shall be regularly collected and may be kept outside only if in sanitary containers which are so screened, and approved by the Committee. g. Si~ns. No sign of any kind shall be displayed to the public view on any Lot except as permitted by the City of Shorewood. h. Antennae. No television or radio antenna shall be erected or placed upon the Lot or the exterior of a Dwelling without the prior approval of the Architectural Control Committee as provided in Article ill hereof. Under no circumstances shall satellite receiving dishes be located other than in the rear yard of any Lot, and any such receiving dish shall be located and screened in accordance with the requirements of the Committee. i. Pets. Dogs, cats, and other pets of a customary nature shall be permitted provided that (i) no commercial or hobby breeding operation may be maintained, (ii) all pets are at all times reasonably secured and (iii) all kennels and/or runs are constructed only in conformance with the requirements of Article III of this Declaration and (iv) they are not allowed to become a nuisance in any way to the neighbors. j. Grading. No change in the grading of any Lot shall be undertaken except in conformance with Article III hereof. Under no circumstances shall fill or other material be removed from a Lot except as may be reasonably necessary to construct a Dwelling or other improvement to a Lot. k. Single Family Use. Under no circumstances shall any Dwelling or lot be used to house more than a single family, for hotel or other transient purposes, nor shall any Dwelling be used except in conformance with Article IV. Guests may stay in Dwellings for reasonable periods provided that such use does not intensify the use of a Dwelling to a level which is burdensome to other Owners. 1. Reservations of Easements. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat of Zachary Woods. Within these easements, no structural, planting, improvement, or other material shall be placed or permitted to remain (other than a possible driveway along the common 6 . . . boundary between Lots 1 and 2) which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels on the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. m. Wetland Protection. Developer has or shall cause Developer's surveyor to place survey monuments delineating a 35-foot wetland buffer area on Lots 1, 2, and 3. At minimum, stakes shall be placed on all lot lines where they intersect with the 35-foot wetland buffer. The 35-foot wetland buffer shall be maintained in its natural state. Additionally, a 15 foot setback shall be maintained from the 35 foot wetland buffer. No construction is allowed within said setback and buffer. n. Wetland on Lot 3. The driveway to be constructed on Lot 3, Block 1, Zachary Woods may not impact more than a total of 400 square feet of wetland located on said Lot. o. Driveway Easement on Lot 1 for benefit of Lot 2. Developer hereby grants and creates an exclusive 15' X 60' driveway easement over part of Lot 1, Block 1, Zachary Woods described as follows: Commencing at the most Southwesterly corner of said Lot 1, thence northerly along the westerly line of said Lot 1 a distance of 15 feet, thence easterly, parallel with the southerly line of said Lot 1 a distance of 60 feet, thence southerly at right angles to the southerly line of said Lot 1, thence westerly along the southerly line of said Lot 1, to the point of beginning for the benefit of and appurtenant to Lot 2, Block 1, Zachary Woods. This easement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. ARTICLE V GENERAL PROVISIONS a. Enforcement. Any Owner shall have the right to enforce by any proceeding, at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereafter imposed by the provisions of this Declaration. Failure by the Developer or the Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 7 . . . b. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, all of which shall remain in full force and effect. c. Duration. The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Developer and/or any Owner of a Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of Thirty (30) years from the date this Declaration is recorded. d. Amendment. This Declaration may be amended by an instrument signed by the Owners of at least 66% of the lots in Zachary Woods. Each amendment must be recorded to be effective. During any period when the Developer owns more than fifty (50%) of the Lots in Zachary Woods, Developer may amend this Declaration provided that the amendment so made does not materially change the rights granted to Owners herein. IN WITNESS WHEREOF, the undersigned, being the Developer and the Fee Owner herein, have hereunto caused these presents to be executed this _ day of 1995. Brent L. Sinn Pamela K. Sinn STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1995 by Brent L. Sinn and Pamela K. Sinn, husband and wife. Notary Public 8 . . . CONSENT OF CITY OF SHOREWOOD The City of Shorewood consents to the foregoing Declaration. By: STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) CITY OF SHOREWOOD Its Mayor ATTEST City Administrator/Clerk On this day of , 1995, 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. THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 Notary Public 9 . . . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Lot 4, Block 1, ZACHARY WOODS HENNEPIN COUNTY, MINNESOTA THIS DECLARATION, is made as of this _ day of , 1995 by Brent L. Sinn and Pamela K. Sinn, husband and wife ("Developer" and "Fee Owner"). RECITALS 1. Developer is the fee owner of certain land in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lots 1, 2, 3, and 4, Block 1, Zachary Woods. 2. Developer intends to develop the property for residential purposes. 3. In order to comply with the requirements of a Development Contract between Developer and the City of Shorewood concerning the Zachary Woods development, Developer hereby declares that Lot 4, Block 1, Zachary Woods is and shall be transferred, held, sold, conveyed, occupied and developed subject to the following covenant, condition, and restriction, which shall run with said Lot and be binding on all parties having any right, title or interest in said Lot or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The following words, when used in this Declaration shall have the following meaning: a. "Lot" shall mean Lot 4, Block 1, Zachary Woods as shown upon the recorded subdivision plat thereof. b. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot including Contract Purchasers. c. "Developer" shall mean Brent L. Sinn and Pamela K. Sinn, husband and wife. 1 Attachment 4 . . . ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property is located in the City of Shorewood, County of Hennepin, State of Minnesota, and legally described as Lot 4, Block 1, Zachary Woods, which shall be developed, held, transferred, sold, conveyed, and occupied only subject to this Declaration. ARTICLE III SUBDIVISION RESTRICTION Lot 4, Block 1, Zachary Woods, Hennepin County, Minnesota shall not be further subdivided until it has frontage on a public street and subdivision has been approved by a Resolution of the Shorewood City Council. IN WITNESS WHEREOF, the undersigned, being the Developer and the Fee Owner herein, have hereunto caused these presents to be executed this day of 1995. Brent L. Sinn Pamela K. Sinn STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1995 by Brent L. Sinn and Pamela K. Sinn, husband and wife. Notary Public 2 . . . CONSENT OF CITY OF SHOREWOOD The City of Shorewood consents to the foregoing Declaration. By: STATE OF MINNESOTA) )ss: COUNTY OF HENNEPIN) CITY OF SHOREWOOD Its Mayor ATIEST City Administrator/Clerk On this day of , 1995, 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. THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 Notary Public 3 . . . EASEMENT AGREEMENT BETWEEN BRENT SINN AND GALPIN LANE HOMEOWNER'S ASSOCIATION DEVELOPER WAS UNABLE TO OBTAIN THE EASEMENT Attachment 5 . . . -- WARRANTY DEED -- INDIVIDUAL TO INDIVIDUAL No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy Reserved for recording data STATE DEED TAX DUE HEREON: $1.65 DATE: ,1995 FOR VALUABLE CONSIDERATION, Brent L. Sinn and Pamela K. Sinn, husband and wife, Grantors, hereby convey and warrant to Mark A. Sass, Grantee, real property in Hennepin County, Minnesota, described as follows: Outlot A, Zachary Woods together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (A) (B) (C) (D) Building and zoning laws, ordinances, state and federal regulations; Restrictions relating to use and improvement of the property without effective forfeiture provisions; Reservations of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing improvements. "The Seller certifies that the Seller does not know of any wells on the described real property." The total consideration for this transfer of property is $500.00 or less. Brent L. Sinn Pamela K. Sinn Attachment 6 . . . ~ 2STATE OF MINNESOTA ) )ss: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on , 1995 by Brent L. Sinn and Pamela K. Sinn, husband and wife. THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 5539-3126 (612) 473-9374 Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Mark A Sass 1. 2 3. 4 . 5, 6. 7. 8. 9 10. 11. 12 13. 14. 15. 16. I 17. 18 19 20. 21 22. 23. 24. 25 . . MJl.LEIVHAVISCo. Minneapolis. MN DO NOT COPY Subject to Copyright Laws WHITE.Office Copy YELLOW.Buye,'. Copy GREEN.Selle,'. Copy PINK.Buye,'. Receipt STANDARD PURCHASE AGREEMENT I' l.lmei"l'C"ll !: --r/ , . . Minnesota ,19.9.S- RECEIVED OF :te.rk 1\.. :51\51:\ the sum of 'I. Ino ,.'" Jllmr'.r!'lr} i:I.nrl no/lOO Dollars 1$ 300.PI) by (<:\lJ1.lJa0l1i N[lIL ,;",,, """'),1 as earnest money to 'be deposited the next business day after acceptance in trust account of listing broker lunless otherwi e specified in writing) and in part payment for the purchase of the premises legally described as OuU.Ot:. Zaclu Itcx......3g.- HelmE! ).m Ctmnt to be '1<.,1 tE:v:1 located at (Street Address) NrJ.rth lI1l/1. l\/lwt. l,r ;.n6CJO r"twray St. City of Short.",'U(,'Cl ,County of 1J"'l1ne;)in , State of Minnesota, including all plants. shrubs and trees, all storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds. curtain- traverse-drapery rods. attached lighting fixtures with bulbs, plumbing fixtures. weter heater, heating system. humidifier. central air conditioning. electronic air filter, automatic garage door opener with controls, water softener. cable television outlets and cabling. BUILT-INS to include: dishwasher, garbage disposal. trash compactor. ovenls). cooktop stove. microwave oven. hood-fan. intercom. installed carpeting, IF ANY, located on the premises which ere the property of Seller and also the following personal property: N/lI all of which property Seller has this day sold to Buyer for the sum of: $ !l , 000.00 Dollars. which Buyer agrees to pay in the following manner: Earnest money of $ $ 'f, 7110. 00 cash on or before see beJ.O\~ of $ by financing as follows: 300.CO 1.. and , the date of closing. and the balance 26. 27. 28. 29. 30. 31. Attllched lire _ eddendums which ere made a pert of this egreement. 32. SUBJECT TO performance by Buyer. Seller egrees to execute and deliver a Warranty Deed, 33 to be joined In by spouse. if any. conveying marketable title to the premises subject only to the following exceptions: 34. 111 Building and zoning laws. ordinances. Stete end Federel regulations. 121 Restrictions releting to use or improvement ofthe premises without 35. effective forfeiture provision. 131 Reservation of any minerals or mlnerel rights to the Stete of Minnesota. (41 Utility and drainage easements 36. which do not interfere with present improvements. 151 Rights of tenants, if any. 37. REAL ESTATE TAXES Seller agrees to pay -1.2...../12ths and Buyer agrees to pay ~/ 12ths of taxes due and payable in Ihe year 38. 19 !I~i . Seller agrees to pay --.!.;L / I 2ths and Buyer agrees to pay ---'L-/12ths of annual installment of special assessments due 39. and payable in the y:ear 19 95.. . (""ea, },rtl1J" agrees to I,APm!'UMEI on the date of closing all special assessments levied and pending. 40. Buyer shall,!p\i'?i~~;rs due and payable in the year 19 9G and any unpaid installments of special assessments payeble therewith 41. and thereafter. Seller warrants that taxes due and payable in the year 19 ~ will be ('UU, rANT. NON. 5,,,. """hi nQIr. homestead 42. classification. Neither Seller nor Seller's Agent makes any representation concerning the amount of future real estate taxes, 43 WARRANTIES Seller warrants that buildings. if any. ere entirely within the boundary lines of the premislls. Selle, warrents tllOl nil 44. appliances. healing end air conditioning, wiring end plumbing used and located on the premises are In proper working order on dale of closing. 45. Buyer has right to Inspect premises prior to closing. Buyer shall satisfy himself/herself at his/her expense that all appliances, heating and air 46. conditioning. wiring and plumbing are in proper working order before closing. Seller warrants that the premises are connected to: city sewer 47. 0 yes 0 m no; city water 0 yes - BI no. If the premises are destroyed or substantially damaged by fire or any other cause before the 48. closing date. this agreement shall become null and void at Buye"s option. end the earnest money shall be refunded to Buyer. 49. POSSESSION Seller agrees to deliver possession not later than closing. 50. All interest. city water and sewer charges. electricity and natural gas charges. fuel 011 and liquid petroleum gas shall be pro-rated between the 51. parties as of cloSlll'.l . Seller agrees to remove all debris and ell personal property not included herein from the 52. premises before possession date. 53. TITLE & EXAMINATION Seller shall. within a reasonable time after acceptance of this agreement, furnish an Abstract of Title. or a 54. Registered Property Abstrect. certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer 55. shall be allowed 10 business days after receipt for ~xamination of title and making any objections. which shell be made in writing or deemed 56. waived. If any objection is so made. Seller shall be allowed 120 days to make title marketable. Pending correction of title. payments hereunder 57. required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shell perform this 58. agreement according to its terms. If title is not corrected within 1 20 days from the date of written objection. this agreement shall be null and 59. void. et option of Buyer. neither party shall be liable for damages hereunder to the other. and earnest money shall be refunded to Buyer, 60. DEFAULT If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein. Seller may terminete this 61. agreement. andon such termination all payments made hereunder shall be retained by Seller and Agent. as their respective interests may appear, 62. as liquidated damages, time being of the essence hereof. This prC'Vision shall not deprive either party of the right of enforcing the specific performance 63. of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced within six months after 64. such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement. and Notice of Cancellation is 65. served upon the Buyer pursuant to MSA 559.21, the termination periOd shall be thirty (301 days as permitted by Subdivision 4 of MSA 66. 559.21. . 67. ACCEPTANCE Buyer understands and agrees that this sale Is subject to acceptance by Seller In writing. Agent Is not liable or responsible 68. on account of this agreement, except to return or account for the earnest money. 69. AGENCY DISCLOSURE None'I"'''' '.J{ '.ne,,' ('11 ""OKEnI stipulates he or she Is representing the 70. In Ihls transacllon. The listing agent or broker stipulates he or she Is representing the seller In this transaction. 1f'ljyf'Jl,-':.;[tl.r:nl 71. I, the owner of the premises. accept this agreement and 72. the sale hereby made. I agree to purchase the premises for the price and on the terms and conditions se~ forth abo~e'I'.' I I( /.. /,... . ~ BUYER . ; . r . ~ , t < f ". 7, 73. SELLER 74. SELLER BUYER 75. Delivery of all papers and monies shall be made at the. office of: i6. Company Selling Agent City 77. Address Zip i8. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE.