88-050
.
.
.
RESOLurICN N). 5o--tPo
A RESOLurICN APPROVIKG 1HE FINAL PIAT OF
McKINLEY PIACE AT NEAR I.VIXJNl'AIN 5th ADDITICN
WHEREAS, the final plat of McKinley Place at Near lYbuntain 5th
Addition has been submitted in the manner required for the platting of
land under the Shorewood Ci ty 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 City Code of the City of Shorewood.
N:M1, 'lHEREFCEE, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood as follows:
1. That the plat of McKinley Place at Near lYbuntain 5th Addi tion
is hereby approved.
2. That said approval is specifically conditioned upon the tenns
and conditions contained in the Development Agreement for McKinley Place
at Near Mbuntain 5th Addition, attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to
execute the Cert i ficate of Approval and Development Agreement on behal f of
the Ci ty Counc i I .
4. That this final plat shall be filed and recorded within
thirty (30) days of the date of this resolution.
BE IT F1JRIHER RESOLVED, that such execut ion of the Cert i ficate
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
fonnality, all in compliance with Minnesota Statutes and Ordinances of the
Ci ty.
AOOPI'ED BY 1HE CI'lY axJNCIL of the Ci ty of Shorewood this ~day of
fY)et1 ' 1988.
Robert Rascop, Mayor
ATI'EST:
Sandra L. Kennelly, City Clerk
.
.
.
6/10/88
CI1Y OF SH:>RE.WXD
DEVEIORVJENl' AGREE.VIENr
McKINLEY PIACE AT NEAR I.VIXJNl'AIN 5'lH AlDITICN
'!HIS AGREElVIENl', made this iflt/".;day of , 1988, by and
between the CI1Y OF SlDRE\\aD, a Minnesota rrnm. corporation,
hereinafter referred to as the "Ci ty" and L BROS. aNSTRUCrICN
INC., a Minnesota corporation, hereinafter referred to as the "Developer".
WHEREAS, Developer has previously entered into a Development
Agreement with the City dated July 28, 1986, for the development known as
Near Mbuntain; and
WHEREAS, Developer has previously filed with the City certain
earlier plats for said development; and
WHEREAS, Developer now desires to file this final plat for said
development, which is the plat of McKinley Place at Near Mbuntain 5th
Addition, which is a replat of a portion of the lot originally platted as
Outlot A, Sweetwater at Near Mbuntain, and which replat is attached hereto
and made a part hereof as Exhibi t A.
N:M1, 'lHEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat of McKinley Place at Near
Mbuntain 5th Addi t ion, the Ci ty and Developer agree as follows:
1. The Developer shall subni t an Agreement Providing Alternative
Security for Subdivision Improvements for the property platted as
McKinley Place at Near Mbuntain 5th 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
.
McKinley Place at Near lVbuntain 5th Addition, for review and
approval by the City prior to recording of the plat. Said
Declaration, together with this Development Agreement, shall be
recorded contemporaneously with the plat and proof of filing
thereof furnished to the City.
3. Driveways into Covington Road. Each driveway constructed upon
Lots 10, 11, and 12, Block 1, McKinley Place at Near lVbuntain 5th
Addi tion giving ingress and egress directly onto Covington Road
shall contain a looped driveway or a paved turning area large
enough so that any automobile parked wi thin the driveway may enter
onto Covington Road wi thout backing onto Covington Road.
4. Corrmon Driveway Easement. Developer hereby agrees to create a
permanent easement for COImlOn driveway purposes in favor of Lots
10 and 11, Block 1, McKinley Place at Near lVbuntain 5th Addition.
5. Setbacks Along Covington Road. No bui Iding shall be
constructed within 50 feet of the southerly right-of-way line of
Covington Road, which is the northerly boundary of Lots 10, 11,
and 12, Block 1, McKinley Place at Near lVbuntain 5th Addition.
.
6. Developer acknowledges that as a newly platted development,
additional sums will be assessed against the property as
equalization charges pursuant to Shorewood City Code Section
904.18.
.
.
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.
7. All other applicable provisions of the Near Mbuntain
Development Agreement executed by the parties on July 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 wri tten.
LUNDGREN BROS. CCNSTRUCl'ICN INC.
CIlY OF SIDRE.WXD
By:
. Its:
By:
Its:
By:~~
Its: Mayor
ATTEST:
J~~
Ci ty Clerk )
.
.
.
.
STATE OF MINNEsarA )
) ss
COONI'Y OF HENNEPIN)
On this JOLh day of (\~ ' 1988, before me, a Notary Public
wi thin and for said County, ~rsonally 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
rrunicipal 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. G ~
li~~~!~::~l ~~. ~
My Commission Ex/l1r61 Mar. 6. 1990 t
xmtfM.,'.,.,.....tt'fn.,f'fYfff'fmTfNY1I.
STATE OF MINNESOTA )
) ss
COONI'Y OF HENNEPIN)
On this IOMdayof (JU/fU0, 1988, before me, within and for
said County personally appeared f)eter PP tau YYl
a&:lIli- to me 'personally known, who, being 8fteft.
by me duly sworn did say that tRey ar~ I~pectively the Bu-<:udJlrd
aMt- of the corporation named in the foregoing
instrument, and .that the seal"ftffixec:i'-to-"Sft~inst1."mleftt..i&-tbe'ool'pOFa-te'.
seal of said corporation., and that said instrument was signed and ~caled
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.
('~~~-..-J
Notary Public
",~MNIf\lVV\,W;/\/l1ll
'I:t;;;:;-~ LINDA L. f<ARKOC I
~~~ NOTAF\'( PUBLIC-MINNESOTA
.~t;y HENNEPiN COUNTY
My Commission Expires MaL 25, 1992
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EXHIBIT A
.
MCKINLEY PLACE AT NEAR MOUNTAIN
5TH ADDITION
SEWER EQUALIZATION CHARGES
Lots 1 - 35
Lots 5. 6. 9. 15 - 20. 24 - 31
(17 lots @ A units $200.00)
$200 + $224 interest = $424 x 17 lots
= $ 7 I 208. 00
Lots 1 - 4. 7. 8. 10. 11. 13. 14. 22. 23. 32 - 35
(16 lots @ B units $350.00)
$350 + $392 interest = $742 x 16 lots
= $11.872.00
Lots 12 and 21
(2 lots @ C units $400.00)
$400 + $448 interest = $848 x 2 lots
= $ 1,696.00
Total
$20.776.00
.
.
EXHIBIT B
.
.
.
RESOLUTION NO. 51-88
A RESOLUTION SUPPORTING THE LMCD
AND THE COMPREHENSIVE PLAN
FOR THE MANAGEMENT OF LAKE MINNETONKA
WHEREAS the Governor's Task Force of 1983 directed the Lake Minnetonka Conser-
vation District to provide. the Lake Minnetonka Conser"ation ni !':tri C't (T.Mcn)
Board of Directors with a plan to indicate direction as to the future of Lake
Minnetonka; and
WHEREAS the Metropolitn Council's Task Force on Lake Minnetonka of 1986 also
directed the LMCD Board to provide a comprehensive plan for the management
of Lake Minnetonka; and
WHEREAS a scope study for a preliminary plan for Lake ~linnetonka was developed
and approved in 1987; and
WHEREAS other interested agencies have participated with the LMCD in the for-
mation of an Advisory Committee on the Comprehensive Plan for the Management
of Lake Minnetonka; that these interested agencies are: Gray Freshwater
Foundation, Hennepin County Lake Improvement Section, Hennepin Parks, Hennepin
County Sheriff's Water Patrol, Metropolitan Council, Minnehaha Creek Watershed
District, Minnesota Department of Natural Resources, Minnesota Pollution
Control Agency, and the Corps of Engineers; and
WHEREAS the LMCD Board of Directors, upon recommendation of the Advisory Com-
mittee, directed the consortia of Arndorfer/Barr in March 1988 to develop such
a comprehensive plan for the management of the Lake; and
WHEREAS the LMCD is seeking funding support on a regional basis for the
Comprehensive Plan for the Management of Lake Minnetonka; and
WHEREAS to proceed on a timely basis it is necessary that each member city
of the LMCD show its support in developing the Management Plan for Lake
Minnetonka;
NOW, THEREFORE, BE IT RESOLVED, that the City of
Shorewood
1. hereby supports the LMCD in the development of the Comprehensive Plan for
the Management of Lake Minnetonka, and
2. hereby supports the LMCD as the implementing agency of the Comprehensive
Plan for the Management of Lake Minnetonka.
Adopted by the City Council of the City of Shorewood
at its meeting on the 23rd day of May , 1988.
Robert Rascop
Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
','
.
,
"
~
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8/18/88
CI1Y OF SUJRE\\QD
RESTATED DEVELOfMENr AGnEEl\rnr FOR
SIDHEWXD CUWENIENCE/ SElWI CE CEN".rnn
TIUS AGnEEl\rnr, made this . 23rd day of August , 1988, by
and between the CITY OF SIlJIU:."'V.CXD, a Minnesota municipal corporation,
hereinafter referred to as the "City", and YES Properties Partnership, a
partnership consisting of Mark O. Senn, Larry D. Youngstedt, David A.
Eastling, and C. Edward Sheehy, hereinafter referred to as the
"Developer" .
WHEREAS, the Developer is the Contract Purchaser of certain lands
described in Exhibit A, attached hereto and nnde a part hereof, which
lands are hereinafter referred to as the "Subject Property"; and
~~, the City Council by its Resolution No. 52~88, passed on
May 24, 1988, has granted'certain Conditional Use Pennits and Variances
for the redevelopnent of the Subject Property as a gas/convenience/service
center and fast food facility; and
.
WHEREAs, such Conditional Use Pennits and Variances were granted,
subject to certain tenns and conditions, which tenns and conditions are
contained herein; and
\~, in order to resolve certain boundary matters involving
the Subject Property, Developer has prepared a preliminary plat of the
property entitled, "SennAddition, Block 1, Lot 1," which plat is attached
hereto and made a part hereof as Exhibit B.
NJN, 11lEREFCRE, in consideration of the mutual covenants and
guarantees contained herein, the City and the Developer agree as follows:
1. SITE PLAN, LANDSCAPE PLt\N AND PRELIMINARY PIAT. TIle
Developer has fi led wi th the Ci ty Clerk the Si te Plan, Landscape Plan, and
Prel iminary Plat for the developlJent of the Subject Property, it being
understood that such plans and plat will reviewed by the Planning
Comnission at a public hearing to be held on September 6, 1988, and will
be subject to final approval by the City Council.
2.
to construct,
equipllent for
inprovements:
REQJIRED SITE IMPHOVElVIENrs. Developer agrees at its expense
install and perfonll all work and furnish all materials and
the construction and installation of the following
.
EXHIBIT D
"
.
.
.
"
a.
b.
paved driveway and parking area as shown on the Site Plan.
landscaping work as shown on the Landscape Plan.
3. SClffiIXJLE OF \\CEK. It is understood and agreed by the part ies
that construction of .the gas/convenience/service center will be completed
by the Developer within a period of one (1) year from the date hereof and
that construction of the fast-food faci li ty wi II be completed within two
(2) years from such date.
4. PER.FORVII\NCE GUARANlY. For the purpose of assuring and
guaranteeing to the City that the 'landscape improvements to be
constructed, installed and furnished by the Developer, as set forth in
Paragraph 2 herein, shall be furnished according to the tenms of this
Agreement, and to insure that the Developer shall pay all claims for work
done and materials and supplies furnished for the perfonnance of this
Agreement, and that the Developer shall fully comply with all of the other
tenns and provisions of this Agreement, the Developer agrees to escrow
with the title company a cash deposit or provide the City with an
irrevocable letter of credit approved by the City in an amount equal to
150% of the total cost of said improvements as set forth in the contracts
between the Developer and his contractors. Said escrow deposit or letter
of credit shall remain in effect for a period of two growing seasons
following the completion of the required improvements. TIle said escrow
deposit or letter of credit may be reduced in its amount or replaced by a
maintenance bond at the discretion of the City upon acceptance by the City
of the improvements.
5. BILIR:lARDS rn SITE. TIle si te is currently occupied by two
bi llboard signs, one free-standing and the other mounted on a bui Iding,
which signs exist as nonconfonning uses on the property. Said billboard
signs are the property of Naegele Outdoor Advertising Coopany, Inc., and
are occupying the site pursuant to the tenms of individual site leases
between Naegele and Developer's predecessors-in-interest. Developer
agrees to remove the billboard sign mounted'on the building from the
property at the time the building is razed or within one year from the
date hereof, whichever date first occurs. City agrees to pennit the
free-standing billboard to be refurbished and relocated to the easterly
portion of the property, providing that the billboard shall not be
enlarged or raised in height, lighted or embellished in any manner, and
providing that the sign shall ,be removed altogether upon completion of the
existing lease period. It is understood that the present lease pennits
Naegele a ten (10) year unilateral option to renew said lease; if that
said option is exercised, it is specially included in the lease period
included herein. Developer agrees that it wi 11 cause such sign to be
removed at no expense to the City upon the completion of the existing
-2-
.
lease period, and that any subsequent lease Developer may enter into with
Naegele will not extend tIle lease period tennination date beyond the date
specified in the existing lease. Developer further agrees to provide the
City with a copy of the exist ing lease with Naegele, and submi t for
approval by the City any future leases that Developer may enter into with
Naegele for the location or relocation of said billboard on the Subject
Property.
6. CUJNmY CLUB ROAD RIOrr-OF-WAY. lhe si te of the developnent
is bounded by County Highway No. 19 on the north and Country Club Road on
the west. The public right-of-way for Country Club Road is presently
inadequate in width (33 feet) to provide for adequate maintenance and care
of the travelled roadway. Developer agrees to convey to the City a
perpetual easement for utility and roadway purposes over, under, and
across the westerly seventeen feet of tIle Subject Property. Developer
further agrees to maintain the developnent entirely within the required
set-back limitations measured from the easterly line of the said utility
and roadway easement.
.
7. MUNICIPAL ~ SERVICE. It is understood that the
l\imicipal Building located on City land abutting the Subject Property is
present ly served wi th water from the Tonka Bay Municipal Water System by
means of a water line crossing the Subject Property. It is further
understood that the City has no easement across the Subject Property for
such water line, and Developer intends to remove said water line from the
property during the construction of certain improven~nts thereon.
Developer hereby agrees to grant to the City the drainage and utility
easements set out in the Preliminary Plat attached hereto, and in the
event the Ci ty detennines to provide the Shorewood Municipal Bui lding wi th
water service by corulection to the Shorewood Municipal Water System or
intercorulection wi th the Tonka Bay Municipal Water System, to offer to the
City, at a reasonable price, such improvements located thereon or therein
as may be appropriate to effect such water service.
8. RES'TCEATIrn OF SlREETS AND PUllLIC 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, bitunirlous replacen~nt, curb replacement, and
all other items disturbed during construction. lhe City and the Geveloper
will docunent and agree as to the existing conditions at the start of
construction.
9. PImF OF TITLE. l1le Developer shall furnish the City with
updated Title opinions evidencing title to tIle Subject Property.
10. HEADIOOS. Headings at the beginning of paragraphs hereof
are for convenience of reference, and shall not be considered a part of
the text of this Agreement, and shall not influence its construction.
.
-3-
.
.
.
11. SEVERABILI1Y. 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.
12. EXEaJrICN OF CXl.JNTERpARrS. 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.
13. UNS'ffiln'ICN. This Agreement. shall be construed in
accordance with the laws of the State of Minnesota.
14. 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 Ci ty and the Developer by wri tten
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 the Ci ty:
Ci ty 0 f Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
Mark o. Senn
Marcus Real Estate Development Corp.
10001 Wayzata Boulevard, Suite 100
Minnetonka, MN 55343
14 . Sl.J<XESSQRS AND ASS I CiNS. It is agreed by and be tween the
parties hereto that the Agreement herein contained shall be binding upon
and inure to the benefit of their respective legal representatives,
successors, and assigns.
IN WITNESS WHEROOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
-4-
.
.
.
YES PROPERrIES P7/"
By: );'V?~.
nhrk O. Senn, Partner
By: ~
Dav d A. Eastl. tner'
~,..
~ ..
,,/'/ . __,f
, , . '. ,..',,:' _.: - ~
: .. ".
. Edwara ::iheel1y, Partner
-5-
CI1Y OF SfDlliWXD
BY~~AZ~
Its Mayor
ATTEST:
~ ~..
. -'" . .P~~ ~'
. Ci ty Clerk ~
.
.'
.
.
.
,
"
STATE OF MINNESOrA )
) ss
a:>lNlY OF HENNEPIN )
en this Q!3~y of (}U:llSr . 1988, before me, a Notary Public
wi thin and for said County. pers ally appeared Robert Rascop and Sandra
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
Ci ty Counci I, and said Robert Rascop and Sandra Kennelly acknowledged said
instrument to be the free act and tleed of said corporation.
~A.ul.~AAA.AA.U~~A~~..w"UAU.~.&AAAtAl
~ ~;"~ SUSAN A: N/CCUi\l1
j ~ . NOTARY PUBLIC. MINNESOTA
~,.. HE~NfPJN COUNTY
My Commlssi~'"' Expires Mar. 6. 1990' t
)(YY','vt'''''''''J1rttyy",vr''''ff''J<
a
~~WrfJ
STATE OF MINNESCJ.rA )
) ss
a:>lNlY OF HENNEPIN )
Ch thisd3'dday of c:2u~.1 ,IJ~j , 1988, before me, within and for
said County personally appeared rk O. Senn, Larry D. YOllllgstedt. David
A. Eastling. and C. Edward Sheehy, to me personally known, who, being each
by me duly sworn did say that they are respectively the partners in YES
Properties Partnership named in the foregoing instrument. and that said
instrument was signed and sealed in behalf of said partnership and
acknowledged said instrument to be the free act and deed of said
partnership.
....'......,~
~~(/ ~ 'rnCL71~
-6-
.
"That part of Lot 27, Auditor's Subdivision No. 133, Hennepin County,
Minnesota, described as follows: Beginning at the northwest corner of the
said Lot 27; thence south along the west line of said Lot 27, a distance of
226.80 feet, to the northwest corner of Echo Hills 2nd Addition, according
to the recorded plat thereof; thence easterly along the north line of said
Echo Hills 2nd Addition, 165.00 feet; thence north and parallel with the
west line of said Lot 27, a distance of 224.60 feet, to the north line of
said Lot 27; thence westerly along the north line of said Lot 27, a
distance of 164.48 feet to the point of beginning, also;
.
The part of Lot 27, Auditor's Subdivision No. 133, Hennepin County,
Minnesota, described as follows: Commencing at the northwest corner of
said Lot 27; thence south along the west line of said Lot 27, a distance of
226.80 feet to the northwest corner of Echo Hills 2nd Addition, according
to the recorded plat thereof; thence easterly along the north line of said
Echo Hills 2nd Addition, 165.00 feet to the point of beginning; thence
continue easterly along the north line of said Echo Hills 2nd Addition,
165.00 feet; thence north and parallel with the west line of said Lot 27, a
distance of 225.59 feet, to the north line of said Lot 27; thence westerly
along the north line of said Lot 27, a distance of 165.26 feet, to the
intersection with a line parallel with the west line of said Lot 27 and
passing through the point of beginning; thence south and parallel with the
west line of said Lot 27, a distance of 224.60 feet, to the point of
beginning." "
.
EXHIBIT A
.
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EXHIBIT B
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REsoLurIrnoo. 52-88
A RESOLurIrn GRANI'ING aIDITI<NAL USE Pm.v.IITS .AND
VARIANCES 'ill
MARCUS REAL ESTATE DEVEIDHVlENT CDRPORATIrn
WHEREAS, Marcus Real Estate Developnent corporation, representing
YES Properties Partnership (Applicant) proposes to redevelop property
located in the City of Shorewood at 24365 Smithtown Road, legally
described in Exhibi t A attached hereto and made a part hereof, as the
"Shorewood Convenience/Service Center"; and
WHEREAS, such Convenience/Service Center would include six gas
pumps and three auto service bays, an automatic car wash and a small
convenience/grocery store in one building, and a fast-food restaurant in a
second building, the exact size and orientation of which has not yet been
determined; and
WHEREAS, the Subject Property is zoned C-3, General Corrmercial,
and Conditional Use Permits are required for the business uses proposed in
applicant I s proposal; and
WHEREAS, Applicant I s proposal contemplates a parking and
circulation area located 15 feet from the rear-yard lot line of the
property; and
WHEREAS, two billboard signs presently exist on the property as
non-conforming uses, and applicant intends to rerrove one sign and wishes
to refurbish and relocate the other sign on the property; and
WHEREAS, the Applicant has therefore applied for conditional use
permits for auto service, rrotor fuel sales, car wash, convenience grocery,
and convenience food (fast-food restaurant) service, and variances from
rear-yard set-back requirements and restrictions on the relocation and
expansion of a non-conforming use of the property; and
WHEREAS, the application was reviewed by the Shorewood Plarming
Coomission at a Public Hearing held on 3 May 1988, and the Comnission
voted unanirrously to recoomend approval of the application.
IDV, 'lliEREroRE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood as follows:
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FINDINGS OF FACT
1. That land use and zoning in the area surrounding the Subj ect
Property are as follows:
North:
liquor store and shopping center located in Tonka Bay,
zoned coomercial.
auto sales lot, zoned C-3.
Shorewood Pub 1 ic Works Department and Ci ty Hall, zoned
R-1C, Single-fronily residential.
country club and golf course, zoned R-lA, Single-fronily
residential.
East:
South:
West:
2. That the Subject Property is presently occupied by a gasoline
service station and garage which have been a long-time and continuous
problem to the City in respect to maintenance, upkeep, and zoning
compliance.
3. That there presently exist two billboards on the property,
one rrounted on a bui lding and one free-standing. That the rerroval of one
of the billboards would substantially diminish the existing non-conformity
of the property.
4. That the uses of the property proposed by the Applicant are
consistent with the previous use of the property and are compatible with
present and future land uses of the area and in accord with the official
City Comprehensive Plan.
5. That due to its corner location and terrain, the Applicant's
property is unique in nature, and such uniqueness is not a result of any
actions of the Applicant.
6. That the rear-yard lot line of the property abuts property
owned by the City used for a rmmicipal garage. That the topography of the
site presents a hardship to Applicant justifying a setback variance for
traffic circulation and parking.
7. That the pub 1 ic right-of way for Country Club Road on the
west side of the Subject Property is inadequate in width (33 feet) and an
additional 17 feet of right-of-way is required in order to bring the width
up to the requirement for a local street.
8. That the variances proposed would not irrpair an adequate
supply of light and air to adjacent property, would not unreasonably
increase congestion in the public street, would not increase the danger of
fire or the danger of the public safety, or would not unreasonably
diminish or irrpair established property values within the neighborhood.
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9. That the proposed uses and requested variances will not
adversely affect the general welfare, public health and safety of the
corrnnmi ty.
crNCLUS ICNS
1. That Applicant's application for Conditional Use Pennits for
Gas Station/Convenience/Service Center is hereby granted, subject to the
following conditions:
a. Site Plan. That the redevelopment of the Subject Property be
pursued in accordance with the site plan attached hereto and made
a part hereof as Exhibit B.
b. Surfacing. That site grading and drainage plans be su1:xni tted
by Applicant and approved by the Ci ty Engineer.
c. Perimeter Curbing. That all curbing be a minimum six-inch
(B612), continuous poured concrete curb.
d. Lighting. That a detailed lighting plan be submitted by the
Applicant for approval by the Ci ty.
e. Pump Islands. That a typical elevation of the pump island,
showing the gas pumps and their location and protection be
su1:xnitted by the Applicant for approval by the Ci ty.
f. Screening. That the screening and landscaping plan be
attached hereto and made a part hereof as Exhibit C.
g. Access. That the applicant obtain a driveway access penni t
from Hennepin County for access on to County Highway 19 prior to
issuance of a building pennit.
h. Signage. That a signage plan be submi tted by the Applicant
for approval by the City.
i. Outdoor Storage or Display. That there wi 11 be no display or
outdoor storage of tires or car parts. Vehicles waiting for
parts shall not be stored for a period exceeding 48 hours. A
screened trash enclosure shall be provided behind the buildings.
j. Corrpliance. That the Applicant comply wi th the provisions
contained in Shorewood City Code Section 1201. 2, Subd. 4c.
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2. That Applicant's application for a Conditional Use Pennit for
a Car Wash is hereby granted, subj ect to Applicant's coopliance with the
provisions contained in Shorewood City Code Section 1201.21, Subd. 4b.
3. That Applicant's application for a Conditional Use Penni t for
a Fast-Food Restaurant is given conceptual approval only, due to the lack
of details available concerning the proposed building, its potential
drive-up features, and the associated parking arrangements. Final
approval wi II be cont ingent upon the Appl icant 's su1:xni t t ing to the Ci ty
sufficiently detailed infonnation as to the overall size and operation of
the fast-food facility and its cOOlpliance with the Shorewood City Code.
4. That Applicant's application for a thirty-five (35) foot
rear-yard set-back variance and a variance to relocate the free-standing
billboard on the property are hereby granted, subject to applicant's
conveying to the Ci ty an easement for roadway purposes over the westerly
seventeen feet of the Subject Property, and subject to Applicant's removal
of the building-mounted billboard now located on the property.
5. That the approvals and grants herein are specifically
conditioned upon the terms and conditions contained in the Development
Agreement attached hereto as Exhibit D.
6. That the Mayor and Ci ty Clerk are hereby authorized to
execute said Developnent Agreement on behal f of the Ci ty Counci I.
7. That this Resolution, together with the exhibits attached
hereto, be filed and recorded with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date hereof.
AOOPrED BY '!HE CI'IY axJNCIL of the Ci ty of Shorewood this 24th day of
May, 1988.
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, Ci ty Clerk
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5/25/88
CI'IY OF SlIJ.IID\UD
DEVEIDfMENl' AGREBVJEr\fl' FOR
SHJRE.Y\UD <nNENIENCE/SERVICE CFNrER
TIllS AGmElVlEm', made this 27th day of July , 1988, by
and between the CI'IY OF SI-DllliWXD, a Minnesota rrnmicipal corporat ion,
hereinafter referred to as the "Ci ty", and lVIARCUS REAL ESTATE DEVEIDfMENl'
~ION, a Minnesota Corporation, hereinafter referred to as the
"Deve 1 oper" .
WHEREAS, the Developer has an interest in certain lands described
in Exhibi t A, attached hereto and made a part hereof, which lands are
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Ci ty Counci 1 by its Resolution No. 52-88, passed on
May 24, 1988, has granted certain Conditional Use Permits and Variances
for the redevelopnent of the Subject Property; and
WHEREAS, such Condi tional Use Permi ts and Variances were granted,
subject to certain terms and conditions, which terms and conditions are
contained herein.
KOV, 1HEREKEE, in consideration of the mutual covenants and
guarantees contained herein, the City and the Developer agree as follows:
1. SITE PLAN AND LANDSCAPE PLAN. The Deve loper has filed wi th
the City Clerk the Site Plan and the Landscape Plan for the development of
the Subject Property.
RBJJIREJ) SITE IMPRJVE\IIENI'S. Developer agrees at its expense
install and perform all work and furnish all materials and
the construction and installation of the following
2.
to construct,
equipnent for
irrprovements:
a. paved driveway and parking area as shown on the Si te Plan.
b. landscaping work as shown on the Landscape Plan.
3. SOIEDULE OF \\tEK. It is understood and agreed by the parties
that construction of the gas/convenience/service center will be coopleted
by the Developer within a period of one (1) year from the date hereof and
that construction of the fast-food facility will be completed within two
(2) years from such date. It is further understood and agreed that
EXHIBIT D
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Developer shall remove the automobiles, boats, trailers, and miscellaneous
equipment improperly stored on the property in violation of City Code
within thirty(30) days from the date of closing on the purchase of the
Subject Property by the Developer.
4. PERFmVIANCE GUARANIY. For the purpose of assuring and
guaranteeing to the City that the landscape improvements to be
constructed, installed and furnished by the Developer, as set forth in
Paragraph 2 herein, shall be furnished according to the terms of this
Agreement, and to insure that the Developer shall pay all claims for work
done and materials and supplies furnished for the perfoTImance of this
Agreement, and that the Developer shall fully comply with all of the other
teftTIs and provisions of this Development Agreement, the Developer agrees
to escrow with the title company a cash deposit or provide the City with
an irrevocable letter of credit approved by the City in an amount equal to
150% of the total cost of said improvements as set forth in the contracts
between the Developer and his contractors. Said escrow deposit or letter
of credit shall remain in effect for a period of two growing seasons
following the completion of the required improvements. The said escrow
deposit or letter of credit may be reduced in its amount or replaced by a
maintenance bond at the discretion of the City upon acceptance by the City
of the improvements.
5. BILIB:>ARDS ON SITE. The si te is currently occupied by two
billboard signs, one free-standing and the other mounted on a building,
which signs exist as nonconfoftTIing uses on the property. Said billboard
signs are the property of Naegele Outdoor Advertising Corrpany, Inc., and
are occupying the site pursuant to the terms of individual site leases
between Naegele and Developer's predecessors-in-interest. Developer
agrees to remove the bi llboard sign mounted on the building from the
property at the time the building is razed or within one year from the
date hereof, whichever date first occurs. City agrees to peftTIit the
free-standing billboard to be refurbished and relocated to the easterly
portion of the property, providing that the billboard shall not be
enlarged or raised in height, lighted or embellished in any manner, and
providing that the sign shall be removed altogether upon completion of the
existing lease period. It is understood that the present lease peftTIits
Naegele a year unilateral option to renew said lease; if that said
option is exercised, it is specially included in the lease period included
herein. Developer agrees that it wi 11 cause such sign to be removed at no
expense to the City upon the completion of the existing lease period, and
that any subsequent lease Developer may enter into with Naegele wi 11 not
extend the lease period teftTIination date beyond the date specified in the
existing lease. Developer further agrees to provide the City with a copy
of the existing lease with Naegele, and sulxnit for approval by the City
any future leases that Developer may enter into with Naegele for the
location or relocation of said billboard on the Subject Property.
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6. cnJN1RY CLUB ROAD RHHI'-OF-WAY. The site of the development
is bounded by County Highway No. 19 on the north and Country Club Road on
the west. The public right-of-way for Country Club Road is presently
inadequate in width (33 feet) to provide for adequate maintenance and care
of the travelled roadway. Developer agrees to convey to the Ci ty a
perpetual easement for utility and roadway purposes over, under, and
across the westerly seventeen feet of the Subject Property. Developer
further agrees to maintain the development entirely within the required
set-back limitations measured from the easterly line of the said utility
and roadway easement.
7. MUNICIPAL ~ SERVICE. In the event that the City
determines that the municipal building located on the abutting property
shall continue to be served by the Tonka Bay lV.h.micipal Water system,
Developer shall grant to the City appropriate utility easements located on
the Subject property in accordance with the proposed water line as set out
in the Site Plan. It is agreed and understood that the cost of
construction and installation of said waterline within such easement shall be
at the sole expense of the Ci ty.
8. RES'lrnATICN OF S'IREEl'S 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. The City and the
will document and agree as to the existing conditions at the start of
construction.
9. PImF OF TITLE. The Developer shall furnish the City wi th
updated Title opinions evidencing title to the Subject Property.
10. HEADINGS. Headings at the beginning of paragraphs hereof
are for convenience of reference, and shall not be considered a part of
the text of this Agreement, and shall not influence its construction.
11. SEVERABILI'IY. 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.
12. EXEaJI'ICN OF CUJNI'ERPARl'S. 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.
13. a:NS'IRUCI'ICN. This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
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14. 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 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 the City:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
Mark O. Senn
Marcus Real Estate Developoont Corp.
Ten Water Street
Excelsior, Minnesota 55331
14. Sua::ESSORS 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 their respective legal representatives,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above wri tten.
MARCUS REAL ESTATE D~'/Cbm>.
I ./"
A/.....,;;7," ...'/;:!;~<~>'";/
By, . I C-.e:1.~./ ..~ / /~
. F- ~ ",,,.. #"~~
Mark O. Senn, President
CI'IY OF SH:>IlliWXD
Its Mayor!
ATTEST:
J~~
"'City Clerk .
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this 23rd day of August , 1990, before me, a Notary
Public within and for said County, personally appeared Jan Haugen
and Sandra Kennelly, to me personally known, who, being each by
me duly sworn, did say that they are respectively the Mayor and
Deputy 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 Kennelly acknowledged
said instrument to be the free act and deed of said corporation.
@f~"'" SUSAN A. NICCUM
".JJ No..,. ......... _.....
....... CounIr
... Comnt. -. .'He
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this 27th day of July , 1988, before me, within
and for said County personally appeared Mark O. Senn, President
of Marcus Real Estate Development Corporation, to me personally
known, who, being each by me duly sworn did say that he is the
President of said Corporation named in the foregoing instrument,
and that said instrument was signed by him on behalf of said
Corporation and acknowledged to e h's free act and deed.
@".~..~ SUSAN A. NICCUM
\".JJ NoIIfr ~*tlD MiMIIClIa
....... 00unIr
... Comm. lip. .'He
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"That part of Lot 27. Auditor's Subdivision No. 133. Hennepin County.
Minnesota. described as follows: Beginning at the northwest corner of the
said Lot 27; thence south along the west line of said Lot 27. a distance of
226.80 feet. to the northwest corner of Echo Hills 2nd Addition. according
to the recorded plat thereof; thence easterly along the north line of said
Echo Hills 2nd Addition. 165.00 feet; thence north and parallel with the
west line of said Lot 27. a distance of 224.60 feet. to the north line of
said Lot 27; thence westerly along the north line of said Lot 27. a
distance of 164.48 feet to the point of beginning. also;
The part of Lot 27. Auditor's Subdivision No. 133. Hennepin County.
Minnesota. described as follows: Commencing at the northwest corner of
said Lot 27; thence south along -the west line of said Lot 27. a distance of
226.80 feet to the northwest corner of Echo Hills 2nd Addition. according
to the recorded plat thereof; thence easterly along the north line of said
Echo Rills 2nd Addition. 165.00 feet to the point of beginning; thence
continue easterly along the north line of said Echo Rills 2nd Addition.
165.00 feet; thence north and parallel ~~th the west line of said Lot 27. a
distance of 225.59 feet. to the north line of said Lot 27; thence westerly
along the north line of said Lot 27. a distance of 165.26 feet. to the
intersection with a line parallel with the west line of said Lot 27 and
passing through the point of beginning; thence south and parallel with the
west line of said Lot 27. a distance of 224.60 feet. to the point of
beginning."
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EXHIBIT A