88-119RESOLUTION ND. 119 -88
• A RESOLUTION APPROVING ME FINAL PLAT OF
LAW'1UgKA
WHEREAS, the final p 1 at of LA YIUN {A has been submitted in the manner
required for the platting of land under Shorewood City Ordinances and under
Chapter 462 of Minnesota Statutes, and all proceedings have been duly had
thereunder; and
WEEREAS, said plat is consistent with the Shorewood Comprehensive
Plan and the regulations and requirements of the laws of the State of
Minnesota and Ordinances of the City of Shorewood.
NOW, MiEREFCIRE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. That the final plat of LAW UIU is hereby approved.
2. That said approval is specifically conditioned upon the terms
and conditions contained in the Development Agreement for LAWILNI{A, 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 final plat shall be filed and recorded within 30 days
of the Developer's receipt of this resolution.
BE IT FURTHER, RESOLVED, that such 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 Ordinances of the City.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of Octobe
1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
•
July 20, 1988
0
CITY OF S11Cff1EWaD
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THIS AGREIlVIWI, made this 27th day of October , 1988, by
and between the CITY OF SAD®, a Minnesota municipal corporation,
hereinafter referred to as the "City ", and JOSEPH N. BOYER, EILEIN F.
BOYER., D(NAID W. SHAFER, and JANE W. SHAFER., hereinafter referred to
collectively as the "Developer ".
WBEREAS, the Developer holds an interest in certain lands
described in Exhibit A attached hereto and made a part hereof, which lands
are hereinafter referred to as the "Subject Property "; and
VERF.AS, the Developer has made application under the Subdivision
Ordinance of the Shorewood City Code for Council approval of a
single - family residential development plat of the Subject Property, said
plat to divided into 8 lots and 2 outlots, to be known as Lawtonka; and
. VffMREAS, the City Council by its resolution passed on April 11,
1988, has approved the preliminary plat of the Subject Property; and
VEOFAS, the Developer has now submitted his final plat of the
Subject Property, which plat is attached hereto and made a part hereof as
Exhibit B and
V'EEAS, the City has established the policy of requiring land
developers and the City to formally allocate between them the furnishing
of surfaced streets, curbs, gutters, required landscaping, storm sewer and
surface water drainage facilities, street signs, sanitary sewer
facilities, and widerground electric and telephone service lines to all
lots and plats approved by the City, all of the foregoing hereinafter
sometimes referred to as improvements.
NCAV, 1HEMCFE, in consideration of the foregoing premises and
acceptance by the City of the final plat of Lawtonka, the City and the
Developer agree as follows:
U
1. IMPROVDVIEATI,S 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:
a. Street grading, stabilizing and bituminous surfacing;
b. Integral shoe- formed bituminous surmountable curbs and
gutters;
c. Sanitary sewer mains;
d. Storm sewer and surface water drainage facilities;
e. Street name signs and traffic control signs;
f. Required landscaping.
It is understood that Lots 1, 2, 3, 7 and 8, Block 1, are presently served
by an existing sanitary sewer line. It is further understood that the
Metropolitan Waste Control Commission (MVVCC) has since determined that due
to limited capacity of the sewer system, no additional connections can be
made at this time to serve the development. Therefore, it is agreed that
Lots 4, 5 and 6 shall not be developed until such time as the Lake Ann
Interceptor sewer line has been completed by the rv%VCC and is available to
serve the plat, or until such other time as additional sewer connections
to the Shorewood sewer line are approved by the AIVCC.
It is further understood that underground utility lines, including gas,
electric, and telephone, shall be installed by the respective private
utility companies pursuant to separate agreements with the Developer.
. 2. ID&ROVIlVIENTS INSTALLED BY CITY No improvements are
contemplated to be installed by the City at this time.
3. STANDARDS OF CONSTRUCTION Developer agrees that all of the
foregoing improvements 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 the 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 VDRK The Developer has submitted a written
schedule indicating the proposed progress schedule and order of completion
of work covered by this Agreement, which schedule is attached here and
made a part hereof as Exhibit C . 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. PRE- CONSTRUCTION IV]EETING 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 the
appropriate parties specified by the City Engineer.
7. STREETS, SANITARY SEVVER, AND STORM SEVER FACILITIES
a. Plans and Specifications The Developer agrees to cause
its engineers to prepare all plans and specifications necessary for the
installation of streets, curb, gutter, sanitary sewer, and storm sewer and
surface water drainage facilities in said plat, said plans and
specifications to be subject to the final approval of the City Engineer.
b. As -Built Plan Upon completion of construction,
Developer shall cause its engineers to prepare and file with the City an
"as- built" plan showing the installation of the foregoing facilities
within the plat. Such plans shall be prepared in conformance with City
standards for as -built plans as are presently on file with the City.
• c. Easements Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of
the sanitary sewer, storm sewer, and surface water drainage facilities
within the plat, and thereafter promptly assign said easements to the
City. Developer shall further provide to the City a temporary sanitary
sewer easement 30 feet in width extending 15 feet on each side of the
common lot line between Lots 3 and 4 and extending 30 feet south of the
north lot line of Lot 3. Said temporary easement shall expire at such
time as a sanitary sewer line has been constructed and installed within
such easement.
d. Pre - existing Drain Tile All pre - existing drain tile
disturbed by Developer during construction shall be restored by Developer.
8. STAKING, SURVEYING AND INSPECTION It is agreed that the
Developer, through its engineer, shall provide for all staking and
surveying for the above - described improvements. In order to ensure that
the completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection.
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9. GRADING, DRAINAGE, AMID EROSION OONMOL 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 the plat free of all dirt and debris resulting from construction
therein by the Developer, its agents or assignees.
10. STREET SIGNS Developer, at its expense, shall provide
standard city street identification signs and traffic control signs in
accordance with the Minnesota b'Ianual on Uniform Traffic Control Devices.
11. ACCESS Developer shall provide reasonable access, including
temporary grading and graveling, to all residences under construction in
the plat until the street is accepted by the City.
12. OCCUPANCY PEMIITS The occupancy of any new structure on
any lot within said plat shall be prohibited by the City until the street
shall have been graded and surfaced with class 5 -100% crushed material and
municipal sanitary sewer lines shall have been installed and are available
to serve the lot for which the building permit has been issued.
13. FINAL INSPECTICN 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. When the
• City Engineer is satisfied that all work is completed in accordance with
the approved plans and specifications, and the Developer's engineer has
submitted a written statement attesting to same, the City Engineer shall
recommend that the improvements be accepted by the City.
14. CONVEYANCE OF IMPROVMENI'S Upon completion of the
installation by Developer and approval by the City Engineer of the
improvements set forth in Paragraph 1 above, the Developer shall convey
said improvements to the City free of all liens and encumbrances and with
warranty of title, which shall include copies of all lien waivers. Should
the Developer fail to so convey said improvements, the same shall become
the property of the City without further notice or action on the part of
either party hereto, other than acceptance by the City.
15. WARRANTY PERIOD - TV INSPECTICN OF SEWER LINES 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. Within a period of thirty (30) days prior to
the expiration of the said one -year warranty period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat
and provide the City with a VHS videotape thereof.
16. RESTORATION OF STMETS AND PUBLIC FACILITIES. The Developer
• shall restore all City streets and other public facilities 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.
17. REINBURSIlVIELU 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 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.
18. CLAIMS FOR MORK 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.
19. LEI'I'ER, 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 shall pay all
claims for work done and materials and supplies furnished for the
performance of this Agreement, and that the Developer shall fully comply
with all of the other terms and provisions of this Development 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 as 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 said deposit or letter
of credit may be reduced in amount or replaced by a maintenance bond at
the discretion of the City upon acceptance by the City of the various
individual improvements.
20. LIABILITY 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
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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 co- 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.
21. LAWS, ORDINANCES, REGULATIONS AND PEIMITS 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, and
the Minnehaha Creek Watershed District before commencing development of
the plat.
22. SMVER ASSESSIVff2gTS The original assessments against the
property for sanitary sewer are in the amount of $ 4 lo?,oa Developer
acknowledges that as a newly platted development of 8 lots, additional
sums may be assessed against the property as equalization charges pursuant
to Shorewood City Code Section 904.18. Developer agrees to accept and pay
all such charges to the City in accordance with the Shorewood City Code,
together with all previous assessments against the property, provided full
credit is given to the Developer for all prior payments made by the
Developer or its predecessor on account of said assessments. A schedule
of such charges is set forth in Exhibit D , attached hereto and made a part
hereof.
23. PARK FUND PAYVIENr Developer shall, at the time that final
plat is approved, make a cash payment to the City in the sum of $3,000.00
for the Park Fund.
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 commmications to them shall be
sent when required as contemplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and
commiications to each of them shall be addressed as follows:
To the City: City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
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To the Developer: Joseph N. Boyer
• 3630 Virginia Avenue
Wayzata, Minnesota 55391
25. PROOF OF TITLE The Developer shall furnish the City with
evidence satisfactory to the City that it holds an interst in title to the
Subject Property in fee simple.
26. DISCLAIMER BY CITY It is 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; and that the Developer
will save the City, the 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.
27. DECLARATION OF COVE[1ANTS, CONDITIONS AND RESTRICTIONS
Developer shall provide a copy of the Declaration of Covenants, Conditions
and Restrictions for review and approval by the City. Such Declaration
shall contain restrictions on the conveyance of Outlots A and B and shall
be recorded contemporaneously with the plat.
28. DURATION OF AC?.EIlVIEIVC This Agreement shall remain in
effect until such time as the Developer shall have fully performed all of
his duties and obligations under this Agreement.
29. F+EMDIES UPON DEFAULT
a. 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 fifteen (15) days after
receipt by the Developer of written notice thereof, the City, if it so
elects, 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 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
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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.
b. 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:
(1) the cost of completing the construction of the
improvements described in Paragraph 1 above.
(2) the cost of curing any other default by the Developer in
the performance of any of the covenants and agreements
contained herein.
(3) the cost of reasonable engineering, legal and
administrative expense incurred by the City in enforcing and
administering this Agreement.
c. 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.
30. 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.
31. 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.
32. EXECTTION 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.
33. M4SMFU=ICN This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
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34. SUCCESSORS AND ASSIGNS It is agreed by and between the
parties hereto that the Agreemi nt herein contained shall be binding upon
and inure to the benefit of their respective legal representatives,
successors, and assigns.
IN WITNESS W MEOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
CITY OF SHOR VOOD
Eileen F. Boyer
Robert Rascop
Its: Mayor
jr
Donald W. Shafer
Jane W. Shafer
•
ATTEST:
, Sandra L. Kennelly y, ^,
City Clerk
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COUNTY OF 11F,NNEPIN
ss
On this Z-1 ~ 'day of C&)bLA) , 1988, before me, a Notary
Public within and for said County, personally appeared Robert Rascop 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 Robert Rascop and Sandra L.
Kennelly acknowledged said instrument to be the free act and deed of said
corporation.
x
x
SUSAN A. NICCUiA
Ji iys
NOTARY PUBLIC - MINNESOTA
`.
HENNEPIN COUNTY
'
My commission Ezpirea Mar. 6. 1990
y,` � �tl' tlVi�VV�"�Y'V�'Y'Va
STATE OF MINNESOTA
ss
On this Z'0 day
for said County, personally
Donald W. Shafer and Jane W.
instrument and acknowledged
and deed.
d
Notary Public
of QON;)P� , 1988, before me, within and
appeared Joseph N. Boyer, Eileen F. Boyer,
Shafer, and who executed the foregoing
that they executed the same as their free act
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Notary Public
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SUSAN A. NiCCUTA
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�ilCf.lu - tVl;' "hCatSOTA
NOTARY '
HENNEPiN COUNTY
'
PAy Commission Fxpirns Ma 6, 1990
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Notary Public
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0 LEGAL DESCRIPTION OF SUBJECT PROP=
KNOW ALL MEN BY IBLSE PRESENTS: That Donald W. Shafer and Jane W. Shafer, husband and wife, fee owners of the
following described property situated to the Stale of Minnesota. County of Hennepin. to wit:
That part of the East 150 feet of the West 442 feet of Lot 292 of Auditor's Subdivision Number 135, Hennepin
County, Minnesota, lying southerly of a line distant 179.00 feet north of, as measured at a right angle to and
parallel with, the westerly extension of the south line of Lot 6, Block 4, Excelsior Park, according to the
recorded plat thereof, Hennepin County, Minnesota.
And that Joseph N. Boyer and Eileen r. Boyer, husband and wife, fee owners, of the following described property
situated in the State of Minnesota. County of ilennepin, to wit:
Lot 1 and that part of Lots 2 and J. Block 1, Excelsior Park lying Easterly of the following described line
to -wit: Commencing at a point in the Southerly line of Lot 3, Block 1. Excelsior Park, said point being
distant 12.1 feet from the Southwest corner of said Lot 3 measured along said line; thence Northeasterly
through a point to the Southerly line of Lot 2 of said Block 1, distant 7.5 feet Southeasterly from the
Southwesterly corner of said Lot 2 measured along the Southerly line thereof to the Southerly shore of Lake
Minnetonka.
Block 2, Excelsior Park.
Lots 1, 2 and 3, Block 3, said Excelsior Park and that part of the East Half of the vacated alley to said
Block 3 lying between extensions across it of the South line of Lot 3 of said Block and the Southerly line of
Water Street.
Also that part of Lafayette Avenue lying North of a line parallel to and 60 feet Northerly of the Northerly
line of the right -of way of the Minneapolis and St. louts Railroad Company and between extensions across It of
the line through said Lots 2 and 3 first above described and the Easterly line of said Block 3, according to
the plat thereof on file or of record In the office of the Register of Deeds in and for said County.
That part of Lafayette Avenue in the plat of Excelsior Park lying between a line drawn parallel to and distant
31.6 feet Northerly of the North line of Block 2 and a line parallel to and 60 feet Northerly of the Northerly
line of the right of way of the Minneapolis b St. Louts Railroad Company and comprised between the Northerly
extension of the West line of Linden Avenue and the Southerly extension of the following described line:
Commencing at a point In the Southerly line of Lot 3, Block 1. Excelsior Park, said point being distant 12.1
feet from the Southwest corner of said Lot 3 measured along said line; thence Nnrtheasterly through a point in
the Southerly line of Lot 2 of said Block 1 distant 7.5 feet Southeasterly from the Southwesterly corner of
said Lot 2 measured along the Southerly line thereof to the Southerly shore of Lake Minnetonka, according to
the plat thereof on file or of record in the office of the Register of Deeds in and for said County.
• That part of Timber Lane (formerly known as Linden Avenue) as dedicated In the recorded plat of "Excelsior
Park ", which lies northerly of a line 60.00 feet northerly of, measured at a right angle to and parallel with
the northerly right -of -way line of the ilennepin County Regional Railway Authority (formerly known as
Minneapolis and St. Louis Railroad Co.).
That part of vacated Water Street, dedicated in Excelsior Park lying between extensions across it of the
center line of the alley In Block 3 in said Excelsior Park and the east line of said Block 3.
The alley in Block 1, "Excelsior Park" according to the recorded plat thereof, which lies easterly of the
following described line:
Beginning at a point in the Southerly line of lot 3. Block 1, "Excelsior Park ", said point being distant
12.1 feet from the Southwest corner of said Lot 3 measured along said line; thence Northeasterly through
a point in the Southerly line of Lot 2 of said Block i distant 7.5 feet Southeasterly from the
Southwesterly corner of said Lot 2 measured along the Southerly line thereof to the Southerly shore of
Lake Minnetonka, according to the plat thereof.
And that Donald W. Shafer and Jane W. Shafer, husband and wife, fee owners and Joseph N. Boyer and Eileen r. Boyer,
husband and wife, contract puchasers, of the following described property situated in the State of Minnesota.
County of Hennepin to wit:
That portion of Lots 2 and 3. Block 1, Excelsior Park, lying Westerly of the following described line to -wit:
Commencing at a point In the Southerly line of Lot 3, Block 1, Excelsior Park, said point being distant 12.1
feet from the Southwest corner of said Lot 3, measured along said line; thence Northeasterly through a point
in the Southerly line of Lot 2 of said Block 1, distant 7.5 feet Southeasterly from the Southwesterly corner of
said Lot 2 measured along the Southerly line thereof, to the Southerly shore of Lake Minnetonka;
together with Lot 300 of Auditor's Subdivision No. 135. Hennepin County. Minnesota, and That part of lot 296
of said Subdivision, lying between the Southeasterly shore, of Lake Minnetonka and the Northwesterly line of
said Lot 300 and the Northwesterly line of Lot 3, Block 1, Excelsior Park, and the extension thereof to the
Southwest corner of Lot 2, Block 1, of said Excelsior Park; also
all of Lots 12, 13. 14 and 15, Block 3, Excelsior Park and that part of the East Half of Harbor Avenue and of
the West Half of the alley in said block, both now vacated, lying between extensions across them of the south
line of said Lot 12 and Southwesterly line of Water Street.
Also that part of Lafayette Avenue lying North of a line parallel to and 60 feet Northerly of the Northerly
line of the right -of -way of the Minneapolis and St. louts Railroad Company and between extensions across it of
the line in said lots 7 and 3 first above described and a line parallel to and 50 feet West of an extension
across it of the Westerly line of Lot 3 of said Block 1.
Lots 1 to 6 inclusive, Block 4, "Excelsior Park% including all of the adjoining vacated alley in said Block 4
lying between the Westerly extensions across it of the Northerly line of said Lot 1 and the South line of said
Lot 6;
That Dart of vacated Harbor Avenue dedicated in "Excelsior Park ", lying Westerly of the center line of said
avenue and between the Easterly extensions across it of the Northerly line of Lot I and the South line of Lot
6 to Block 4, "Excelsior Park ";
All of vacated Water Street dedicated in "Excelsior Park" lying between the West line of said plat and the
Northerly extension across it of the center line of the alley in Block 3, "Excelsior Park ";
That part of the East 46 feet of Lot 292, Auditor's Subdivision No. 135, Hennepin County; Minnesota, lying
North of the Westerly extension of the South line of Lot 6, Block 4, "Excelsior Park ".
That part of the East 150 feet of the West 442 feet of Lot 292, of Auditor's Subdivision Number 135, Hennepin
County, Minnesota, lying northerly of a line distant 179.00 feet north of, as measured at a right angle to and
Parallel with, the westerly extension of the south line of Lot 6, Block 4, Excelsior Park. according to the
recorded plat thereof. Hennepin County, Minnesota.
The alley in Block 1, "Excelsior Park" according to the recorded plat thereof, which lies westerly of the
following described line:
Beginning at a point in the Southerly line of Lot 3. Block 1, "Excelsior Park ", said point being distant
12.1 feet from the Southwest corner of said Lot 3 measured along said line; thence Northeasterly through
a point in the Southerly line of Lot 2 of said Block 1 distant 7.5 feet Southeasterly from the
Southwesterly corner of said Lot 2 measured along the Southerly line thereof to the Southerly shore of
Lake Minnetonka, according to the plat thereof.
. EXHIBIT A
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— — — — — — — — — — �, °•�° ° C+ ca s e$>< t ry C.R. DOC. N0.
\ o / / ^ G e / Shoreline on June 8, 1988
C, /i S• 7 6 ^/
'o a f c • � ; o i � 2 e, o ^xh F 1' °� ,fi / . / 7ly
yr e/O S X36 6 0.. 4C a/ 4, �,; % 0 �
` '4 \ ' e B !. x e,' s,, °„ ;' - Shoreline of Lake Minnetonka cis delineated
• yv ho ^ A y 0 0 ^ 2 0 }� / ` on the plot of "Excelsior Park"
/ ti_ RIP
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* her C 30 3'2
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/ M' er 'E 4 2 e ':1', .� �T/ c F
x ' 0 I o - \?, \, /o /`h �r 3$ p lhpeq !y / r ce /S,o Ch.g e2,s i 3 '%a. = .. "•..\ MeF rh �o}
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I \ 3` , �c ory 5 F or 4 `N °r ,q / 0 50 150
n �1' C= R 27 C/
3'r6'E/_. <::;''. E th /�/� y ck
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'S °f h - ,'•` >< e ~/ y e F, 6/ , F4c
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Y / / e/ 25 100
Q 11� i 0 od C ' / 3 S' 0f 1 pn r ce A SCALE IN FEET
3
\` ` ^' 46.00 0 /� a= o ca R 9e Qha O o. _3 N >� 9 0 0'� g /oc ap th /s,o � -
t o / ,� \ N /A /' S5 '/ /•plop,.. 2596, UF /it : ^. , /. _ O - 3 3s E 3 e yr
J� C r'� �, > \ \ I o h �O p/ I -,a• ° 4 as 4_Oe �: i ... L k
a O x•.: L '► I:t: A 'l O /R �/ �� I 3 2 w ent [= 34. i
Jr 11 a 0i I /sa oS b' C C.X5'76 6„ da o 1 o N 3�� s /o,
a r to W 0 ( ..�. I _ G., h, 9 2s T �. 0 /9'�3” OOI O L f pork,
I o =39.07 Benchmark Spike i
\ a /•, m A G= y 3 '/3� `,I I ,I �: o . A O ,C` :i ..
z � I .1... z9 ,� 3 , B s`
22 ash locate 15 south and 5' east of
\ I � I I - O _ _ ` !� _.,.� i ` ' n the east face of a
c, v I r'• I P' ;
I 15 I r ::�- ( v 3 C ,, t r j :'; (.Ji
_ w•-11 1 �� °• ^ 4 : 3S 3B V I 1 I i.,•.. i.
442.00 _I W .\ `''� 3 > '0 8,. — I - � n =5 °10'47' 'Il _ loo I the Northeast co rner �t939.B2 °
t feet
1' C/ 6 o fl , A O• 2 a_ - I I �L -47.10 5 I ° P O LRWTONKA.,
01 I C I r °X 3 k/ �O" c /6 2 s ; I C =47.08 5 f 2 (NGVD - 1929
6 ti ` m , N i ( \ :. �' v /'� `/ i 1 A h u�,! - 1 r '' / ' 7 8 ~ - 6 L °/O Z� 0 o Northerly extension o the west 0 Denotes iron monNment
y 0, O a m 0 5 \ v L V [> / i...a =- r`- %i C. '�!> ° •Z4
u 6 m s/ o .! �. in ° a line of LINDEN AVENUE as dedicated
•C b O a 1 I Ca \ \ / / o c I ) 7 5 -..... 2 4'2 4 .. .• !0.2 ...,'� e " Excelsior Park
o, et0 0,4, I o u+ g >° —/ ° �'__ )
� IN i the o
3' C � 4/...,_ " 0 n p lot Bearings shown are based on the west line
1 x > 0 10` / O N 0 . S S , I �- f / •> 52 30'58" I a� �._ V = I e,7L i .
oU rx� of o0 C_ 9.? 26•• �`. / ?L =45.83 C I_S ih /ip� \` _ OuW
3 u o1 �,� ss •Bg r ......)"' R, ` C =44.24 L o � o„ 6 /o ck OFFh� 2E' of Lot 292 AUDITOR'S SL16D1V NO, 135
O� c / having an o5sumsd bearing of NO °95'00 "W
, ZN ) 4 S Wo ',I o d, s 3 -, ce!s
ecv I f' •. .: -'!.
F E l
J h , k I I o \ c� c:; erF ,
c / i' I / p O \ 3 I u o (� o l neior) Fbrk•) _ Water elevation of Lake Minnetonka as of
I� -
o 1 1 N _ U2 ZI : I I ���?_- - Benchmark Tree June 8 is 927.76 feet (NGVD - 1929)
A =50 °09 0
INB/o�'�,05"E... - .1........>'Olu ........6e \ 310 i_ Oiy o '��
_ _ _ _ _ -- �; .- L =17. 51 I I J$oNtherl line of 4 ' 0 0, m '^ !ie ! I 30 �Formerl known as Linden Avenue Ni hest known water elevation
I L - -- - - -J''. r..l Y Im 11! b h Y
u) 0 �' N89 °13'31 "E m� 's %.� c =16.95 I� St as dedicaterJ �' . A 't�� I 1 110 of Minnetonka is 930.51 feat
��• L O - : . _�� R =20.00 i` I lsor (h
i l= ae w' �; a 929) accord
m111 (NGVD 1ing to the records of
n 150_00 t; r , > v , sow lo o xcei 1 . m w
�., • r r - - - - a the l - -„ ?1 .�. a-! ' . / 'a, i ?_ I I P o I ; •� o `.,, t o z .t the Dept. of Natural Resources, State
�` cn `nO D =4G 00'00 Do i `4 'S..,_ 3 *p LI - R7rk'and its extension O i U N x` `= 3
I I I v - to -J x of Minn.
0 L =40.14 �... S9• I ffF'____ so. <.� l
OI II�hIN �_ p / > - / 32 9.
D•I 0•
X7 L./49.3
N d 'Pa /6 • pi A6.,�
;. , '/6 - • 3 I o 3 C_, - -J .
I� I 10 O �, B /. p �e r, S2. 5 . p 4g I: �` - - -I- - - - - 1 ..� Drainage ,1 ° m O 6 �> 3_ ", ' - S9 2/ 0 a Easement
..._ 68.31..... y . F 9
& in '
c —..—
I 6 ' a� P� <� 00 .? � / �O - �-`ry/ C '3¢ ��l - ..... _... 88.1....... �'' ....
Q 1
>... 9 .i �N89 13 31 E - 546.00
I:-
I rl I 1 a J O 7 ' : � o°
N •� ---�i' - .. ..... L '-
` - ..' 39 D I ".,i.l, Drainage and utility easements are shown thus.
14 - `
•'..30' 110 101
-N89 °13'31 "
--j L - - - - -- - - -- - -Ju, E '�� - J I
N N89 °13'31 "E t' ' °3
! -S o uth line of Lot 3, l I - - -- - --
+� 150.00 - - 217.91 - - 2 its 93 6" ' -South Gne of Lot 12, " :_ ��
L
2 Block 3, "Excelsior Bark o
v N r - - - - - - - - - - - - - "� ' N89 °13'31 "E% w Block :;, "Excelsior and its extension I 0 -
: 0 m I I i Park" and its extension c.'_ I Being 10 feet in width and adjoining right
_ I I
I �Westere extension of the soi4}-h line
o I y South line of Lot 6, Block 4,
Q o of -way lines and being 10 feet in width and
-* Z I G I of Lot 6, Block 4, "Excelsior Park" "Excelsior Pork" and its adjoining all lot lines, unless otherwise
O
u'u I O I -- N - � easterly extension indicated, as shown on the plat.
QO N I I o �...
WO >_ I 1 N O
W w fl ``i I 1 in j
+d m NI I It in
0
O+ N ml 8 1 N O
N
C 3 NI th¢ east 55} o Hof 2`7
of m +p I I Eas 040IVISION No. 135
a), I ,..` I AU01TOK S
I `
EXHIBIT B 0 15
N ..
— SCHOELL & MAOSON, INC.
ENGINEERS - SURVEYORS - PLANNERS
SOIL TESTING
I
10550 WAYZATA BOUL.EVARO - MINNETONKA. MN 55343 -5482
(61215465-7601 - FAX (6121546-9065
November 7, 1988
Mr. Brad Neilson
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Subject: Construction Schedule
Lawtonka - Shorewood, MN
•
Dear Brad:
Following is a proposed schedule of construction for Lawtonka. It has been
discussed with Joe Boyer, and the dates will be relayed to the Contractor.
- Construction will begin the second week of November, 1988. Expect
construction of sanitary sewer, storm sewer, baffle weir, all clearing and
grubbing, and grading to subgrade for the street to be completed on or before
December 31, 1988.
Connection of sanitary sewer to existing manhole to be delayed until PCA
permit has been issued. The issuance of the permit is still pending.
Final construction of street to be done on or before June 30, 1989. It is
our recommendation that both lifts of bituminous on the street be constructed in
1989. The subgrade will go through one freeze and thaw cycle during winter of
1988 -1989.
Very truly yours,
•
SCNOELL & MADSON, INC.
Todd McLouth, E.I.T.
TML /cj
EXHIBIT C
AFRfRMATIVE ACTION - EOUAL OPPORTUMTY EMPLOYER
EXHIBIT D
•
LAWTONKA SEWER EQUALIZATION
Lots 1 - 8
Lots 1, 2, 3, 7 and 8 - will be serviced off of existing sewer lines.
Units required - 4B and 1C = $ 9,100.00
Units previously charged - 3C and 1B = $ 7,500.00
to be added $ 1,600.00
interest (7% x 16 years) 1,792.00
$ 3,392.00
Lots 4, 5 and 6 - will be serviced off of new lines to be installed
Equalization required:
(3B- Reduced) 350 x 3 lots = $ 1,050.00
interest (7% x 16 years) _ $ 1,176.00
$ 2,226.00
Total Sewer Equalization
to be added for Lots 1 - 8 = $ 5,618.00
•