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90-111 . RESOLUTION NO. iii-gO A RESOLUTION APPROVING THE PLAT OF R BOWMAN ADDITION WHEREAS, the final plat of R Bowman 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 R Bowman Addition is hereby approved. 2. T hat the approval is specifically conditioned upon the terms and conditions contained in the attached Development Agreement between the developer and the City of Shorewood. . 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. T hat this final 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 8th day of October, 1990. ~. TEST: C ( ;\[..tift I. , . ~t (..~wtlt>,- · urence E. WhIttaker City Administrator/Clerk Roll Call Vote: Ayes - Watten, Brancel, Haugen, Gagne Nays - None Absent - Stover . . . RESOLUTION NO. /11- C/o A RESOLUTION APPROVING THE PLAT OF BOWMAN ADDITION WHEREAS, the final plat of Bowman 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 Bowman Addition is hereby approved. 2. T hat the approval is specifically conditioned upon the terms and conditions contained in the attached Development Agreement between the developer and the City of Shorewood. 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. T hat this final 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 8th day of October, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - . . . 10/8/90 CITIES OF SHOREWOOD AND DEEPHAVEN RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT R BOWMAN ADDITION THIS AGREEMENT, made this /t;:I/ day of {O/'f~....../ , 1990, by and among the CITY OF SHOREWOOD, hereinafter referred to as "Shorewood", and the CITY OF DEEPHAVEN, hereinafter referred to as "Deephaven", each a Minnesota municipal corporation, and RICHARD A. BOWMAN, unmarried, and MARY S. BOWMAN, unmarried, hereinafter collectively referred to as the "Developer" . WHEREAS, the Developer has an interest as an owner in fee of the lands described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Subject Property is located partially within the City of Shorewood and partially within the City of Deephaven; and WHEREAS, the Developer has made application under the Shorewood and Deephaven Subdivision Ordinances for City Council approval of a single-family residential development plat of the Subject Property, said plat to be known as Bowman Addition and to contain 7.57 acres divided into two lots in the Shorewood portion; and 9.18 acres divided into two lots in the Deephaven portion; and WHEREAS, the Shorewood City Council by its Resolution No. 75-90 passed on August 31, 1990, has approved the preliminary plat of the Subject Property; and WHEREAS, the Deephaven City Council by its Resolution No. /4-lia passed on August 20, 1990, has approved the final plat of the Subject Property; and WHEREAS, the Developer has made application to Shorewood to receive sanitary sewer service for that portion of the Subject Property located in Deephaven; and WHEREAS, Deephaven has declared it has no objection to Shorewood providing such service. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by Shorewood and Deephaven of the final plat of R Bowman Addition, attached hereto and made a part hereof as Exhibit B, Shorewood, Deephaven, and the Developer agree as follows: 1. IMPROVEMENTS WITHIN PLAT. No improvements are contemplated to be installed within the plat at this time. Developer acknowledges that the . . . public street platted as Bowman Court is not now open and is not now maintained or plowed by Shorewood or Deephaven and that neither City has any 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 Bowman Court and shall be constructed and installed in accordance with engineering plans and specifications approved by the Shorewood and Deephaven City Engineers 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 Engineers of Shorwood and Deephaven. After the improvements have been completed and accepted, Bowman Court shall be maintained and plowed by Shorewood. 2. REPLATTING OF OUTLOTS A AND B. Developer agrees that Outlot A and Outlot B shall not be considered as buildable lots until such time as they are subdivided and replatted as numbered residential lots. At such time as either Outlot A or Outlot B is replatted, Developer shall pay the full cost for the development and improvement of Bowman Court 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 and Deephaven at the time of replatting either Outlot A or Outlot B, and to comply with all procedures and requirements of the Shorewood and Deephaven subdivision ordinances then in effect. 3. TRANSFERANCE OR CONVEYANCE OF LOTS AND OUTLOTS. Developer agrees that until such time as Outlot A is replatted, Outlot A shall not be transferred or conveyed separately from Lot 1, Block 1; and Lot 1, Block 1 shall not be transferred or conveyed separately from Outlot A. Developer further agrees that until such time as Outlot B is replatted, Outlot B shall not be transferred or conveyed separately from Lot 1, Block 2, and Lot 1, Block 2 shall not be transferred or conveyed separately from Outlot B. 4. SANITARY SEWER SERVICE. Shorewood agrees to furnish sanitary sewer service to the plat providing the following conditions are met: a) 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. b) 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 owed to other agencies such as the Metropolitan Waste Control Commission. -2- . . . c) 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. Developer shall reimburse the Cities of Shorewood and Deephaven for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the Cities in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by 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 Cities of Shorewood, their City Councils, and the agents and employees of the Cities 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 and Deephaven, their City Councils, and the agents and employees of the Cities 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 AGREEMENT. This Agreement shall remain in effect until such time as either Outlot A or Outlot B is replatted and until Shorewood, Deephaven and the Developer have executed an agreement amending 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: To Shorewood: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To Deephaven: City of Deephaven 20225 Cottagewood Road Deephaven, MN 55331 -3- . . . To Developer: Richard A. Bowman 20025 Manor Road Shorewood, MN 55331 9. 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 the parties and their respective legal representatives, successors, and assigns. 10. SEVERABILITY. In the event any prOV1Slons 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 COUNTERPARTS. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. '=sl~ . " lH.A.JVt(!d.:zi.L Richard A. Bowman D )11 j,,,,, L..tc'l.Z/~6t't'?'lt~L/ Mary S. B an /tJ-l,? - '7 & ~ \ l~{vdta-L ..~~ L r nce E. Whittaker City Administrator/Clerk CITY OF DEEPHAVEN By: Cli ord M. Mayor ATTE:j' , ltd1 3. /~dtJf--- Wendy S. Anderson Clerk-Treasurer -4- . . . STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) On this jjiAday of (f)~ , 1990, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Laurence E. Whittaker, 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 in behalf of said corporation by authority of its City Council, and said Jan Haugen and Laurence E. Whittaker acknowledged said instrument to be the free act and deed of said corporation. .........""""".,.,,.. BARBARA J. SJKORS:<I NOTAr,y PULLlC_MINNc'OTA HENNEPIN COUNT't My commission exp.r(ls 6,23-9:j ..?'~J_-~~r~~..~ ~.~~~ Notary Publ' STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) On this ~~day of ~~~/ , 1990, before me, a Notary Public within and for said County, personally appeared Clifford M. Roberts, Jr., and Wendy S. Anderson, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Clerk-Treasurer of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Clifford M. Roberts, Jr., and Wendy S. Anderson, acknowledged said instrument to be the free act and deed of said corporation. ..~ ~,~."c"...,_~l""S' l~ ' Clv,""':'~1 B/. PBARA ], .>lM..'.,.....,'" . NO;Ar-Y PULUC-/l:':~'" A . HENNEPIN COlon" It Nt' My commission eXplr(li 6.23-;3, ,,,,.,.rJ r.r.r PlJ.r J"" ,.,~"""JF"V fv~A/~j ~ Notary PUbl~ STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) On this Ll.. day of Orv!Obf!..{IL , 1990, before me, within and for said County, personally appeared Richard A. Bowman, unmarried, and Mary S. Bowman, unmarried, described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. r:-"-"-"-"--"-"-"- l~~i 1IlT~~~A I, ' ~f!1I HENNEPIN COUNTY I My Comm F.lP Auo 10. 1. ._......._f'......~.._.........._ .........J ~v Notary Public ~ -5- This Agreement drafted by: Froberg & Ahern, P.A. 17736 Excelsior Boulevard Minnetonka, MN 55345 . f " ') ..' .' EXISTING PROPEHTY DESCHIPTION: . SIlOREWOOD PROPlmTY Lot 61, Auditor's Subdivision Nlllllb";~r 1-11. Hennepin County, Millnenota DEEPllAVEN PROPEHTY Lot 2, Vine Hill Heights l-linnetonka. wld that pc.\rt of vacated Hillside Street adjoinine Lot 2, Vine l1il1 Heights Minnetonka, lying between tIll.:: ~lestet'ly line of s.3.id plat. and the extension ,across said stl'E'et, of the Ea:,terly lin.3 of .5aid Lot 2, and that part of vacated Hest. Aven\le adjoining Lot 2, Vine Hill Heights HinnetonkC1, lying between the extensions across it of t.he t~ort.h and South lines of sClid Lot 2. Lots 3 and 4, Vine Hill l-lr:dghts Hinnetonl:a, and t.hat. P':\l't of ad,join- ing vacated \oJest Avenue lyin!i~ bct....'een t.he e:-:tfJnsiona Clcross it of the North line of :3aid Lot ;j ;JntI t.he ~';o\.lth line of said Lot 4. That p::lrt of Lot 5, Vine Hill Height.s Hinnetonlw., ly- ing West of a line drawn parallel to and distant 2(J(J feet East of the West line thereof, and th<.\t p.~\[.t of the adjoining vacated \Vest Avenue lying between th,~ ext.ensions across it of the North and Sout.h lines of said Lot 5. . \ \ . EXHIBIT A ( - . 1:.,. ~.: -.r of '7 I ''0 - -, . \,,,,, ..::.o\:\\~ I ~,,\:.-;.,:t\ >- \~.~. "~/ '0. .,. .1,; ')" " '"', .~:_ 589"l4'1,"E 29<4.87 .-- I . ....1 S M.44'49"C 337.1' Aulj sUa.,I~O. :t\2 / / i -< ,:': ( '~~ '~ii.Lol.r.~J.;'T5 M'.4 :;, :$ ~lJ' :', [Qfotcr/, line 0(." L.t Z I I! \~ .) ~ " I <- I. 0 d 1-- I .. 4/ I <- I ~~ I ... _ s.../l, /;..,.1 L.I z. I '<"- I ~ VIN( HILL H(IGHTS MrKA. I .:... <:.::',. r ~' 597-2330' E 322.76 ..... -------- '., No.-il! ';"" of L.l' - -\ o o ~ " -.,. -' " -' '/ l'.. ...~...lcd~..~A...:, LOT I" . I!! .. . rdc"~io., ,,( Norfh I;'IC ~ lc.'3 r~ r A Vi I l. 3 - I ,- I I / / I /' UIKE .. H 001"E i~ ,- ~l -. OUTLOT -.J 1'469"43'1'''''''' "0.94 G :) <! ;; " >; " , " .. o z .. .. COFFIN & GRONBERG, INC. ENGINEER&, LAND SUR\lEVOR' - . // t~"~b,-\ / (,(;()/ .-"' ;,) 2: ~ ~ Q: <[ l'j .. :~ ...! .", ~ ~ .I , ~:...., 't . I,: " ~ ,... . . !e .. CONSENT BY MORTGAGEE national THIS CONSENT is made by National City Bank of Minneapolis, a~n~~- St-ete&-&f-~iea--e~efEtM:Qfi, (hereinafter referred to as "Mortgagee"). banking association WIT N E SSE T H That Mortgagee is now the ~~~ and owner of a mortgage lien dated z.k\;/r::o by and between Richard A. Bowman, ;nhrr~rried, and~arr~~~an,-~ftffiarriea, as Mortgagors and the Mortgagee, which mortgage was recorded on Octo/" fir Z'I , 1990, as Document No. 7./ .3 2..slC/S,- in the Office of the Registrar of Titles for Hennepin County, and which mortgage includes some or all of the Properties described in the foregoing Residential Subdivision Agreement for R Bowman Addition. The Mortgagee hereby consents to the said Residential Subdivision Agreement and agrees to be bound by its terms and conditions insofar as they !elate or pertain to the said properties. IN TESTI~~NY WHEREOF, the undersigned has ~~used\this instrument to be executed and delivered this J1D.. day of Ocr:-~~1) 1990. NATIONAL CITY BANK OF MINNEAPOLIS CORPOFATE SEAL By: i;l.-tLe~ 'd t{l~(~ Its: U t~ lh.~t4 /d~--vl~ STATE OF MINNESOTA ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ~~ay of 0 Qrohl~ , 1990, by kob.f'-rTr.1 1-.. J(/.p;/./" and by the and the v/l!L AARLiid...R.M..t. of National City Bank of Minneapolis, a t:hri1:e'Cl--States-~f-i\merica-"'CO'l"p'Orat:torr, on behalf of said -corporati:orr;----- national banking association s iation ~~_(M1~M/!~!'MM'{M'AA ' :. . DENiSE M. STENNES '~.', NOTAHY PU8!!C -MiNNESOTA .~ HENNEPIN COUNTY ~. 1 My Commission Expires Aug. 24, 1992 V ;-?V-t'''V'rrif~~'W':~;({WVV~i'?fir\'1V''t;~?''V~~1W~~'