95-008
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CITY OF SHOREWOOD
RESOLUTION NO. 95 - 8
A RESOLUTION APPROVING THE FINAL PLAT OF
JAEGER ADDmON
WHEREAS, the final plat of Jaeger Addition has been submitted in the manner required for
the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes,
and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
1. That the plat of Jaeger Addition 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 as Exhibit A, and made a part hereof.
3 . That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the said Development Agreement on behalf of the City Council.
4. That this fmal plat shall be filed and recorded within (thirty) 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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
January, 1995.
-r2J~~lck-€lA~
Robert B. Bean, Mayor
ATTIfSf
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
JAEGER ADDITION
THIS AGREEMENT, made this /1'fh day of
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between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
, 1995, by and
referred to as "Shorewood", and Abingdon Development Corporation, hereinafter referred to as the
"Developer" .
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A,
attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, the Developer has made application under the Shorewood Subdivision
Ordinance for City Council approval of a single-family residential development plat of the Subject
Property, said plat to contain approximately 4.7 acres divided into two (2) lots, one outlot, and a
future street right-of-way; and
WHEREAS, the Shorewood City Council by its Resolution No. 95-7 adopted on
9 January 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 Shorewood City Council by its Resolution No. 95-8 adopted 9 January
1995, has approved the final plat of the Subject Property subject to conditions;
NOW, THEREFORE, in consideration of the foregoing premises and acceptance by
Shorewood of the final plat of Jaeger Addition, Shorewood and the Developer agree as follows:
1.) Conditions of Approval -
(01) That Lot 2, Block 1 shall be accessed by an existing driveway over Outlot A.
(02) That Lot 1, Block 1 shall be accessed by Eureka Way, abutting Lot 1, until such time
as the future street, shown as Smithtown Way on the final plat, is constructed to City of
Shorewood design standards and said access to Lot 1 shall thereafter be from the public
street.
2.) Improvements within Plat - No improvements are contemplated to be installed
within the plat at this time. Developer acknowledges that the public street platted as Smithtown
Way is not now open and is not now maintained or plowed by Shorewood and that Shorewood
has no intention or obligation to open or maintain said street. Developer agrees that in the event
Developer constructs a sewer lateral line, such lateral line shall be in Smithtown Way and shall be
constructed and installed in accordance with engineeririg plans and specifications approved by the
Shorewood City Engineer and the requirements of applicable City ordinances and standards, and
that all said work shall be subject to final inspection and approval by the City Engineer of
Shorewood. After the Smithtown Way street improvements have been completed and accepted,
the street shall be maintained and plowed by Shorewood.
EXHIBIT A
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3.) Replattin~ of Outlot A - Developer agrees that Outlot A shall not be considered as
buildable lots until such time as it is subdivided and replatted as numbered residentiallot(s). At
such time as Outlot A is replatted, Developer shall pay the full cost for the construction and
improvement of Smithtown Way in accordance with all ordinances and standards applicable to
public streets within the City of Shorewood, together with the full cost of all other improvements
which may be required by Shorewood at the time of replatting. Developer acknowledges that it
shall be required to enter into an amended Development Agreement with Shorewood at the time of
replatting Outlot A and to comply with all procedures and requirements of the Shorewood
subdivision ordinance then in effect.
4.) Sanitary Sewer Service - The City of Shorewood agrees to furnish access to
sanitary sewer service to the plat providing the following conditions are met:
(01) Sewer lines shall be constructed, installed and maintained by the Developer in
accordance with Shorewood's specifications as set forth in the City Sewer Code, and all
work performed shall be subject to final inspection and approval by Shorewood. .
(02) Developer shall be responsible for obtaining all necessary permits and paying all
Shorewood fees relating to sanitary sewer hook-ups, including the trunk and equalization
charges, as set out in the City Sewer Code, and any other fees which may be owned to
other agencies such as the Metropolitan Waste Control Service.
(03) Regular City sewer use charges, as established by the City Sewer Code, shall be
paid by the Developer or the owner of the property serviced by the Shorewood Sanitary
Sewer System.
5.) Reimbursement of Costs - The Developer shall reimburse Shorewood 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 this Agreement and
the performance thereof by the Developer. Such reimbursement shall be made within fourteen (14)
days of the date of mailing of the City's notice of costs to the address set forth in paragraph 8
below.
6.) Disclaimer by City - It is understood and agreed that the City of Shorewood, its
City Council, and the agents and employees of the City shall not be personally liable or responsible
in any manner to Developer, 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; and that
Developer will save Shorewood, its City Council, and the agents and employees of the City
harmless from any and all claims, damages, demands, actions or causes of action arising therefrom
and the costs, disbursements, and expenses of defending the same.
7.) Duration of A~reement - This Agreement shall remain in effect until such time as
Outlot A is replatted and until Shorewood and the Developer have executed an agreement amending
or annulling this Agreement.
8.) 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 parties, 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:
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To Shorewood:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
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Abingdon Development Corporation
4100 Berkshire Lane
Plymouth, Minnesota 55447
9.) Successors and Assi~ns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of the parties and their
respective legal representatives, successors and assigns.
To the Developer:
10.) 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.
11.) Execution of CounteqJarts - 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.
12.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
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13.) 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.
CITY OF SHOREWOOD
~c!4--
"Its: Acting Mayor
By:
By:
DEVELOPER
By:
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this pi day of a 4. , 1995, before me, a Notary Public within and
for said County, personally appeared Bruc nson and James Hurm to me personally known,
who, being each by me duly sworn, did say t they are respectively the Acting Mayor and City
Administrator of the City of Shorewood, and that said instrument was signed and sealed on behalf
of said corporation by authority of its City Council, and said Acting Mayor and City Administrator
acknowledged said instrument to be the free act and deed of said corporation.
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Notary PublicO ,;..
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HENNEP'N~
tit C(lMM. exPlflES
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 22~ay' of r ~ t~ U.(~1-~ ~l ' 1995, before me, wit~in and f9r said County,
personally appeared JhrfheJYI Tc T. Eloi e l'1, pr-e sid e J'L-l
of Abingdon Development Corporat on, who executed the foregomg mstrument and acknowledged
that he executed the same as his free act and deed.
N:~~'::~ c>:7'{uP
UNDA L KlEL
Notary Public Minnesota
:: My Commissiol'l ExDires Jan. 31, 2000
;..::......~/. };"'. ." ". ..".-~~
THIS INSTRUMENT WAS DRAFTED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
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Legal description:
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"That part of Lot I, Eureka and Lots 99,100 and 101 of Auditor's Subdivision Number 133, Hennepin
County, Minnesota described as follows: Beginning at the southwest comer of said Lot 1; thence South 86
degrees 46 minutes 47 seconds East a distance of 68.06 feet; thence North 0 degrees 10 minutes 04 seconds
West a distance of 348.39 feet; thence South 89 degrees 48 minutes 43 seconds West a distance of 334.07
feet; thence North 0 degrees 11 minutes 17 seconds West a distance of 84.20 feet to a line distant 25.00 feet
southerly of, measured at right angles to and parallel with the northwesterly line of said Lots 99. 100 and
101, thence 48 degrees 54 minutes 34 seconds East, along said parallel line and its Easterly extension a
distance of 368.06 feet; thence North 0 degrees 10 minutes 04 seconds West, a distance of 33.09 feet to the
northerly line of said Lot 1; thence South 48 degrees 54 minutes 34 seconds West a distance of 15.88 feet
to the northwest comer of said Lot 1; thence continue South 48 degrees 54 minutes 34 seconds West a
distance of 418.35 feet to the east line of the west 123.26 feet of the east 220.26 feet of said Lot 101;
thence South 0 degrees 11 minutes 17 seconds East along said east line a distance of 424.38 feet to the
south line of said Lot 101; thence North 88 degrees 56 minutes 25 seconds East along the south line of said
Lots 99, 100 and 101 a distance of 315.99 feet to the point of beginning. AND;
The West 123.26 feet of the East 220.26 feet of Lot 101, Auditor's Subdivision Number 133, Hennepin
County, Minnesota. AND;
That part of the East 315.00 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township
117, Range 23, Hennepin County, Minnesota. and that part of the Southwest Quarter of the Northwest
Quarter of Section 33, Township 117, Range 23, Hennepin County, Minnesota lying Southerly of
Smithtown Road, according to the plat of Eureka on file in the Office of the County Recorder, Hennepin
County, Minnesota. and lying from 25 to 50 feet Southeasterly of the centerline of the main track of the
Minneapolis and St. Louis Railroad and now Chicago and North Western Transportation Company as laid
out and traveled. Said tract is more particularly described as commencing at the Southeast comer of the
Northeast Quarter of said Section 32; thence North 0 degrees 10 minutes 04 seconds East assumed bearing,
along the East line of said Section 32, a distance of 693.50 feet to a point in the South line of the
Minneapolis and St Louis Railroad now Chicago and North Western Transportation Company right-of-way
and the point of beginning of the Tract to be described; thence North 48 degrees 54 minutes 34 seconds East
45.19 feet to the South line of said Smithtown Road; thence North 75 degrees OS minutes 26 seconds West
along said South line 30.15 feet to a line drawn parallel with and 25 feet Southeasterly of said main track
centerline; thence South 48 degrees 54 minutes 34 seconds West along said parallel line 425.01 feet to the
Westline of the East 315.99 feet of said Section 32; thence South 0 degrees 10 minutes 04 seconds East
parallel with said East line 33.06 feet to the South line of said right-of-way; thence North 48 degrees 54
minutes 34 seconds East along said South line 418.35 feet to the point of beginning."
P .1.N 32-117-23-14-0044 and 0048
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Exhibit A
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Exhibit B