89-055
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RESOLUTION NO. 55 -89
A RESOLUTION APPROVING THE FINAL PLAT OF
SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION
IN THE CITY OF SHOREWOOD
WHEREAS, the final plat of SWEETWATER AT NEAR MOUNTAIN 4TH 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:
1. That the final plat of SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION
is hereby approved.
2. T hat the approval is specifically conditioned upon the terms and
conditions contained in the Development Agreement for Sweetwater at Near
Mountain 4th Addition, attached hereto 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 Resolution and the final plat shall be filed and
recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon
said plat by the Mayor and City 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 ~ithout further formality, all in
compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of
July, 1989.
ATTEST:
j I' i, L~.4J4~
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Sandra L. Kennelly, City Clerk
Roll Call Votes:
A yes -
Nays -
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION
THIS AGREEMENT, made this 10th day of July , 1989, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter referred to as the "City" and LUNDGREN BROS. CONSTRUCTION
INC., hereinafter referred to as the "Developer".
WHEREAS, Developer has previously entered into a Development
Agreement with the City dated April 28, 1986, for the development known as
Near Mountain; and
WHEREAS, Developer has previously filed with the City the plat of
Sweetwater at Near Mountain 3rd Addition for said development; and
WHEREAS, Developer now desires to file the plat of Sweetwater at
Near Mountain 4th Addition, which is a replat of the lot orignally platted
as Outlot B, Sweetwater at Near Mountain 3rd Addition, and which replat is
attached hereto and made a part hereof as Exhibit A.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat of Sweetwater at Near Mountain
4th Addition, the City and Developer agree as follows:
1. The Developer shall submit an Agreement Providing Alternative
Security for Subdivision Improvements for the property platted as
Sweetwater at Near Mountain 4th Addition, for review and approval
by the City prior to recording of the plat.
2. Developer shall provide a copy of its proposed Declaration of
Covenants, Conditions, Restrictions, and Reservations, for
Sweetwater at Near Mountain 4th Addition, for review and approval
by the City prior to recording of the plat. Said Declaration
shall be recorded contemporaneously with the plat and proof of
filing thereof furnished to the City.
3. Developer shall convey Outlot A of the said plat to the City
by Warranty Deed, to be held as designated wetland conservation
area.
4. Developer acknowledges that as a newly platted development,
additional sums will be assessed against the property as
equalization charges pursuant to Shorewood City Code.
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Developer and the City agree that all such charges are to be
added to the balance remaining on the original assessments and
spread over the subject property. Installments shall be paid
annually for the remainder of the term of the original
assessments, together with interest on the balance remaining, at
the rate of six and one-half percent (6.5%) per annum. A
schedule of such charges is set forth in Exhibit B, attached
hereto and made a part hereof.
5. All other applicable provisions of the Near Mountain
Development Agreement executed by the parties on April 28, 1986,
are hereby made a part of this Agreement and are fully
incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
LUNDGREN BROS. CONSTRUCTION INC.
CITY OF SHOREWOOD
By:
Q~ Vtr-
C?~.
Its:
ATTEST:
J~~%vr~
City Clerk U
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this 3!b day of -Ai ri,l IS) , 1989, before me, a Notary Public
within and for said County, personally appeared Jan Haugen and
Sandra L. Kennelly, to me personally known, who, being each by me duly
sworn, did say that they are respectively the Mayor and City 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 Sandra L. Kennelly
~~~~;;~~;~~ said instrument to be tJhe fr~~~an.d deed ~ said
)<1~~...~~:1~~~:~:"'1 _U_~~
\~" HENNEPIN COUNTY No ary Publi
~.... My Commission Expires Mar. 6, 1990
X'f'fY"fYYY'('(YYV"f.t,nvom'"Mn,.,
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this 1:zL day of
said County personally appeare
and per ally known,~o, bei~g each
by me duly sworn did say that they are respectively the~p~~~
and of the corporation
named in the foregoing instrument, and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors and acknowledged said instrument to be
the free act and deed of said corporation.
~1f!j)-~
Not~argare~ D. Dolan
H ry PUb!IC-Minnesota
My Cennepln County
omm. Exp. 11-2-90
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EXHIBIT A.J.2 '
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EXHIBIT B
SWEETWATER AT NEAR MOUNTAIN' 4TH ADDITION
Sewer Equalization Charges
Lot 1 - 12
Original Assessment Charged
lC, lB, lA and 3D
Lots 1 - 5, Blk 1 and
Lots 3 and 6, Blk 2 = 7C
lC (credit) = 6C
Lots 1, 2, 4, 5 and 7, Blk 2 = 5B
lB, lA and 3D (credit) = 0
Additional equalization charged
6C units ($400,00 X 6) = $2,400.00
2400.00 plus 2856.00 (interest) $5,256.00
Total Added $5,256,00