94-051
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CITY OF SHOREWOOD
RESOLUTION NO. 94-51
A RESOLUTION PERMITTING A SHOREWOOD PROPERTY OWNER
TO CONNECT TO THE EXCELSIOR MUNICIPAL WATER SYSTEM
WHEREAS, James Robin (Owner) owns real property within the City of Shorewood;
and
WHEREAS, the City of Shorewood owns a municipal water system which does not
presently serve the owner's property; and
WHEREAS, Owner is desirous of connecting to the Excelsior Municipal Water
System; and
WHEREAS, Owner has executed an agreement with the City of Shorewood
specifically waiving any claims or defenses to a future assessment for water by the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. That the Mayor and City Clerk are hereby authorized to execute the Water
Agreement attached hereto as Exhibit A on behalf of the City Council.
2. That said Water Agreement be filed with the City Clerk for future reference in
the event that Shorewood extends water service into Owner's property.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
June, 1994.
~~h"~
Robert Daugherty, Acting Mayor
ATTEST:
VlIV\-
. Ja s C. Hurm, City Administrator/Clerk
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WATER CONNECTION AGREEMENT
THIS AGREEMENT, made this d... 8t!:> day of ()~ , 1994, by and
between the CITY OF SHOREWOOD, a municipal corporation, (the "City") and James
Robin, (the "Applicant").
WHEREAS, Applicant has an interest in certain real property (the "Subject
Property") located in the City of Shorewood at 23405 Academy A venue and legally described
as:
"Lot 3, Block 1, James Hill, Hennepin County, Minnesota"; and
WHEREAS, the City owns a muncipal water system which does not presently serve
the Subject Property; and
WHEREAS, the Applicant desires to interconnect with the Excelsior Municipal Water
System and pay to the City of Excelsior any connection charge therefor; and
WHEREAS, the City is willing to permit Applicant to connect to the Excelsior
Municipal Water System provided that Applicant agrees to the provisions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Applicant shall have the right to interconnect with the Excelsior Municipal
Water System and pay to the City of Excelsior any connection charge therefor.
2. All work involved in such interconnection will be done according to City
specifications and under City supervision and all expenses and costs connected therewith will
be paid by Applicant.
3. In the event that City extends the Shorewood municipal water system to serve
the Subject Property at some time in the future, Applicant agrees to pay any assessment in
connection therewith on the same basis as all other properties assessed at that time, and
Applicant herewith specifically agrees to waive any claims or defenses to said assessment
based upon a theory of no benefit because of the water connection allowed herein.
4. It is further agreed by and between the parties that this Agreement shall run
with the land and shall benefit and be binding upon their respective legal representatives,
successors and assigns.
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5. That the Applicant record this Agreement with the Hennepin County Recorder
or Registrar of Title within thirty (30) days of Excelsior's approval of the connection.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SHOREWOOD
~~L~
Robert Daugherty, Acting Mayor
es C. Hurm, City Administrator/Clerk
"
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STATE OF MINNESOTA
SSe
COUNTY OF HENNEPIN
On this ;<1-6 day of _-r;~ , 199.:r, before me, a Notary Public within and
for said County, personally appeared James C. Hurm and Barbara J. Brancel to me
personally known, who, being each by me duly sworn, did say that they are respectively the
City Administrator and Mayor 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 City Administrator and Mayor acknowledged said
instrument to be the free act and deed of said corporation.
,.."......-'.--."'.,
,/. .. /
'-1)~ 0~(cvL
Notary Public
/;.d'flIKI11J,~'i. Theresa L. Naab
~~r,; Notary Public-Minnesota
~~7 Hennepin County
_._ ~-_... MyCommissionExp.1.31.00
---~ ....-----
STATE OF MINNESOTA
SSe
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ,:)..,~ day of
::::J:~ , 199!L, by James Robin.
L;{'~;Jad---
Notary Public
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Theresa L. Naab
Notary Public-Minnesota
Hennepin County
My Commission Exp. 1.31.00