88-079
.
.
.
RESOLUfIa.l roo 1C/_I'Jl
RESOLUfIa.l APPROVING AN .AMENIlVlENI' 'ill 1HE
RESIDENTIAL SUlIDIVISIa.l DEVEIDRVlENl' AGREF1VlENl'
GALPIN LAKE \\aDS
WHEREAS, the Ci ty Counc i I 0 f the Ci ty 0 f Shorewood, by its
Resolution No. 36-88 on April 18, 1988, approved the Final Plat of Galpin
Lake Woods and authorized the Mayor and City Clerk to execute a
Developnent Agreement on behal f of the Ci ty; and
WHEREAS, such Developnent Agreement was duly executed by the
Developer and the City on June 20, 1988; and
WHEREAS, the parties now wish to amend such Developnent Agreement
to provide for the construction and installation by the Developer of a
rrnmicipal watemIain to connect the Galpin Lake Woods development to the
Woodhaven Well rrnmicipal water system.
NM, TIIEREFam, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood as follows:
1. That the .Amendnent attached hereto amending the Residential
Subdivision Developnent Agreement, Galpin Lake Woods, dated June 20, 1988,
is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to
execute said Amendment on behalf of the City Council.
3. That this Resolution, together with the Amendnent attached
hereto, shall be filed and recorded within thirty (30) days of Developer's
receipt of this Resolution.
AOOPrED BY 1HE CI1Y OOUNCIL of the Ci ty of Shorewood this / j{-:) day of
~~~~~ ,1988.
Robert Rascop, Mayor
A1TEST:
Sandra L. Kennelly, City Clerk
.
.
.
AMENllVJENT 'ill SIDIlliWXD
RESIDENTIAL SUBDIVISIa.l DEVEIDBVENl' .AGREEVIENl'
GALPIN LAKE \\aDS
1HIS AGREBVIENT, made this day of , 1988, by and
between the CI1Y OF SIDIlliWXD, a Minnesota rrnmicipal corporation,
hereinafter referred to as the "Ci ty", and SCHENIW.L, LID., a Minnesota
Corporation, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain land in the
City of Shorewood, County of Hennepin, State of Minnesota, legally
described as:
Lots 1 through 12, Block 1, Galpin Lake Woods
and
WHEREAS, an Agreement was made on the 20th day of June, 1988, by
and between the City and the Developer for the residential developoont of
such land, hereinafter referred to as "said Agreement"; and
WHEREAS, said Agreement provided for the Developer to construct
and install certain improvements within and outside the plat; and
WHEREAS, the City and the Developer now desire to modify and
amend said Agreement to provide for the construction and installation by
the Developer of a rrnmicipal watemIain to connect the Galpin Lake Woods
developoont to the Woodhaven Well rrnmicipal water system.
NM, 1HEREFam, in consideration of the IIRltual covenants and
guarantees contained herein, the City and the Developer agree as follows:
1. Paragraph 1 of said Agreement is hereby amended to read as
follows:
"1. Il\IlPIVVEVlENl' INSTALLED BY DEVEIDPER WI1HIN 1HE PLAT. Deve loper
agrees at its expense to construct, install and perfonn all work and
furnish all materials and equipoont in connection with the installation of
the following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Integral shoe fonned bituminous curbs and gutters;
c. Sanitary sewer mains;
d. Stonn sewer and surface water drainage facilities;
e. WatemIains within the plat;
f. WatemIains extending the Woodhaven Well rrnmicipal water
system to the Galpin Lake Woods Developoont;
g. Street name signs and traffic control signs.
h. Required landscaping.
.
..
.
"It is 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. IlV.IP.ROVFlVIEN INSTALLED BY DEVEIDPER aJl'S IDE 1HE PIAT.
a. Extension of Bracketts Road. Developer agrees at its expense to
construct, install and perfonn all work and furnish all materials
and equipment necessary to extend Bracketts Road in a westerly
direction from its present point of tennination to the boundaries
of the plat. It is understood that such extension shall be
constructed entirely within the City right-of-way, and that the
Developer will obtain at its own expense all temporary or
pennanent easements required from adjoining property owners
necessary to complete such extension.
b.
Extension of MUnicipal Watermain. Developer agrees at its
expense to construct, install, and perfonn all work and furnish
all materials and equipnent necessary to extend the watermain
from the Woodhaven Well municipal water system to the Galpin Lake
Woods DevelopI1ent. Property owners wi thin the plat of Galpin
Lake Woods will not be assessed for said watermain and will not
pay the $4,000.00 per lot hook-up charge to the City for
connection to the municipal water system. A property owner
outside of the plat of Galpin Lake Woods may make a direct
hook-up to the watermain installed by Developer outside of said
plat upon payment to the Ci ty of the hook-up charge prescribed by
Shorewood City Code. Upon collection of said charge, the City
shall thereupon remit the sum of $1,000.00 to the Developer so as
to allow the Developer to recover a portion of his cost in
constructing the watermain outside of the plat. The right of the
Developer to receive said remittances and the obligation of the
City to remit same shall be limited to direct connections to the
watermain by property owners adjacent to the watermain and shall
cease upon ei ther of the following events, whichever first
occurs:
(1) Such date as the Developer has received remittances
totalling its cost for construction of said watermain
outside of the plat, after first deducting from such cost
the credits of $4,000.00 per lot hook-up charges previously
allowed by the Ci ty.
(2) December 31, 1995."
2. Paragraph 6 of said Agreement is hereby amended to read as
follows:
. "6. SANITARY SEWER, STCRVI SEWER FACILITIES, STREETS, WATERVlAINS
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for the
installation of sanitary sewer, stonn sewer and surface water drainage
facilities in said plat, and streets, curb and gutter and watennains
within and outside of the plat, said plans and specifications to be
subject to the final approval of the City Engineer.
b. As-Built Plan. Within sixty (60) days after the completion
of construction, Developer shall cause its engineer to prepare and file
with the City a full set of "as-built" plans, including a mylar original
and two (2) black line prints, showing the installation of the foregoing
facilities within and outside of the plat.
c. Easements. Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of
the sanitary sewer, stonn sewer, surface water drainage facilities and
watermains within and outside of the plat, and thereafter promptly assign
said easements to the City.
d. Pre-existing Drain Tile. All pre-existing drain tile
disturbed by Developer during construction shall be restored by
Developer."
.
IN WITNESS \~F, the parties hereto have caused these presents
to be executed on the day and year first above wri tten.
SCHENHALL, LID.
CI1Y OF SIDRE.WXD
Jeffrey Schoenwetter, President
By:
Robert Rascop, Mayor
ATI'EST:
Sandra L. Kennelly, City Clerk
.
.
.
.
STATE OF MINNESOTA )
) ss
axNlY OF HENNEPIN)
On this day of ,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
Counci I, and said Robert Rascop and Sandra L. Kennelly acknowledged said
instrument to be the free act and deed of said corporation.
Notary Pub I ic
STATE OF MINNESOTA )
) ss
CXXNlY OF HENNEPIN )
On this day of , 1988, before me, within and for
said County, personally appeared Jeffrey Schoenwetter, on behalf of
Schoenhall, Ltd., who is its President, described in and who executed the
foregoing instrument and acknowledged that he executed the same as his free
act and deed.
Notary Pub I ic