88-104
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RESOLUTIOO 00. 104-88
A RESOLUI'IOO APPROVIOO 1HE FINAL PIAT OF
SWElIDVATER AT NEAR lVDUNfAIN 3RD ADDITIOO
IN 1HE CIlY OF SIJJRE.WXD
WHEREAS, the final plat of Sweetwater at Near lVbuntain 3rd
Addition has been submitted in the manner required for the platting of
land under the Shorewood City Code and under O1apter 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.
:roY, 1HEREFDRE, BE IT RESOLVED, by the City Council of the City
of Shorewood:
1. That the plat of Sweetwater at Near lVbuntain 3rd Addit ion is
hereby approved.
2. That the approval is speci fically condi t ioned upon the terms
and conditions contained in the Development Agreement for Sweetwater at
Near lVbuntain 3rd Addition, attached hereto and made a part hereof.
3. That the Mayor and Ci ty 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
thirty (30) days of the date of certification of this Resolution.
BE IT FURIHER RESOLVED, that the execution of the Certificate
upon said plat by the Mayor and Ci ty 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
Ci ty Code.
.AlX)PrED BY 'mE CIlY COUNCIL of the Ci ty of Shorewood this 26th day of
September, 1988.
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
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CIlY OF SlIJRE\\UD
DEVEIDHVlENf AGREFlVlENl'
SWElIDVATER AT NEAR lVDUNfAIN 3RD ADDITIOO
1HIS AGREHvlliNI', made this J:uL day of O(_l~LJ , 1988, by and
between the CI'lY OF SImE.WXD, a Minnesota rmmicipal corporation,
hereinafter referred to as the "City" and UJNIXJREN BROS. <XNSTRUCl'IOO
INC., hereinafter referred to as the "Developer".
WHEREAS, Developer has previously entered into a Development
Agreement with the Ci ty dated April 28, 1986, for the development known as
Near lVbuntain; and
WHEREAS, Developer has previously filed with the City seven final
plats for said development; and
WHEREAS, Developer now desires to file the eighth final plat for
said development, which is the plat of Sweetwater at Near lVbuntain 3rd
Addition, which is a replat of the lot orignally platted as Outlot A
Sweetwater at Near lVbuntain, and which replat is attached hereto and made
a part hereof as Exhibit A.
:roY, 1HEREREE, in consideration of the foregoing premises and
acceptance by the City of the final plat of Sweetwater at Near lVbuntain
3rd Addition, the City and Developer agree as follows:
1. The Developer shall submi t an Agreement Providing Alternative
Security for Subdivision Improvements for the property platted as
Sweetwater at Near lVbuntain 3rd 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 lVbuntain 3rd 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 to the City by Warranty Deed,
to be held as designated wetland conservation area. Developer
shall convey that portion of Outlot B designated as "wetland" to
the City by Warranty Deed at such time as Outlot B is replatted.
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 tenn 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 rnade a part hereof.
5. All other appl icable provisions of the Near J.\ibuntain
Developnent 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 Vi~F, the parties hereto have caused these presents
to be executed on the day and year first above written.
LUNOOREN EROS. <XNSTRUCI'IGl INC.
CI'IY OF SImE.WXD
By: Q~ G\
Its: ~
By:~~~~ ,
Its: Mayor
A'ITEST:
dn#Aft~/
, Ci ty Clerk <1
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this ~~d.. day of tJ('::f1>>iSt;f1L , 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 dully
sworn, did say that they are respectively the Mayor and City Clerk of the
municipal corporation n~med 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.
DANIEL J. VOGT
NOTARY PUBUC - MINNESOTA
HENNEPIN COU~U' 84
My GOIMlfIIIOn __
,j)~rr
Notary Public ,
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
,~
On this:3 () - day of , b fore me, wi thin and
for said County personally appear a
and to me perso~ ly knownJ1who~ b~ing each
by me duly sworn did say that they are respect1vely the/~~
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.
~~
Marqaret D. Dolan
NotarvPubii(;'M i"nesota
Hennepin County
My Comrn. Exp. 11-2.90
~cuuf4~/
Notry P lie
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EXHIBIT A,
Page 2
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SWEETWATER AT NEAR MOUNTAIN 3RD ADDITION
Sewer Equalization Charges:
Lots 1 - 9, Block 1, and
Lots 1 - 9, 11 - 20, Block 2
Lot 10, Block 20
TOTAL EQUALIZATION CHARGE FOR PLAT
Unit differential from previous plat
Total to be cha~ged on this plat
EXHIBIT B
@
$20,776.00
@
848.00
$21,624.00
$14,128.50
7,495.50