Loading...
88-036 . . . RESOLurIOO 00. '3'-~B A RESOLurIOO APPROVING '!HE PLAT OF GALPIN IAKE'\\UDS IN '!HE CI1Y OF SIDRE\\UD WHEREAS, the final plat of Galpin Lake Woods has been subni tted 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. lOV, 'IHEREFORE, BE IT RESOLVED, by the Ci ty Council of the Ci ty of Shorewood: 1. That the plat of Galpin Lake Woods is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement 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 behal f of the Ci ty Counci 1. 4. That this final plat shall be filed and recorded within 30 days of the Developer's receipt 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. AOOPrED BY '!HE CI1Y CDUNCIL of the City of Shorewood this Li:l'Ibday of Atri ( , 1988. Robert Rascop, Mayor ATrEST: Sandra L. Kennelly, City Clerk . . . CI1Y OF SImhWXD RESIDENTIAL SUBDIVISIOO DEVEIDHVJEm' AGREFlVJfNI' GALPIN lAKE WXDS nus AGREFlVJfNI', made this 20th day of June, 1988, by and between the CI1Y OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "Ci ty", and SCHENHALL, LID., a Minnesota Corporat ion, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in the 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 Deve 1 oper has made app 1 i ca t i on under the Ci ty Subdivision ~dinance for City Council approval of a single-family residential development preliminary plat of said land, said plat to contain approximately eight acres divided into 12 lots, and to be known as Galpin Lake Woods; and WHEREAS, the City Council by its resolution passed on September 14, 1987, has approved the preliminary plat of the subject property; and WHEREAS, the the Developer has made application to the Ci ty to be allowed at Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements. lOV, 1HEREFrnE, in consideration of the foregoing premises and acceptance by the City of the final plat of Galpin Lake Woods, attached hereto and made a part hereof as Exhibi t B, the Ci ty and the Developer agree as follows: 1. II.VJPROV.ElV1EN INSTALLED BY DEVEIDPER WI1HIN '!HE PLAT. 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 bi tuminous 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 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 . II.VJPROV.ElV1EN INSTALLED BY DEVEIDPER curs IDE '!HE PIAT. Deve 1 oper agrees at its expense to construct, install and perform all work and furnish all materials and equipment necessary to extend Bracketts Road in a westerly direction from its present point of termination 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 permanent easements required from adjoining property owners necessary to complete such extension. 3. STANDARDS OF UNSTRUCrIrn. Developer agrees that all of the improvements set forth in Paragraphs 1 and 2 above 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 :LAIl:R. All of the materials to be employed in the making of said improvements and all of the work performed in connect ion therewi th shall be of uni formly good and workmanl ike qual i ty, 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 Ci ty at the cost and expense of Developer. 5. SClIEDULE OF \\tE(. The Developer shall su1:mit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work shall be performed in one phase to be fully completed by May 15, 1989. Upon receipt of wri tten notice from the Developer of the existence of causes over which the Developer has no control, which wi 11 delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 6. SANITARY SEWER, S'ICRVI SEWER FACILITIES, STREETS. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of sanitary sewer, storm sewer and surface water drainage facilities in said plat, and streets, curb and gutter within and outside -2- . . . of 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-bui It" plans, including a mylar original and two (2) black line prints, showing the installation of the foregoing facilities within 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, and surface water drainage facilities within the plat, and thereafter promptly assign said easements to the Ci ty. d. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7. STAKIOO, SURVEYIOO AND INSPECrICN. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described inprovements. In order to ensure that the completed inprovanents conform to the approved plans and specifications, the City will provide for resident inspection. 8. GRADIOO, DRAINAGE, AND EROSICN <XNI'ROL. 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. Inasmuch as the plat is located in the "Shoreland" zoning district, said plans shall also show proposed building pad elevations and construction limits, particularly along the Galpin Lake shoreline. 9. LAKE AaESS. Any lake access provisions for the benefi t of nonlakeshore lots within the plat shall be fully set forth in a Declaration of Covenants, Conditions and Restrictions, which Declaration shall be recorded with the plat, as provided in Paragraph 27 below. 10. STREET SIGNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uni form Traffic Control Devices. 11. AaESS 10 RESIDENCES. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 12. cx::aJPANCY PERVIITS. The occupancy of any new structure on any lot -3- . within said plat shall be prohibited by the City until the streets 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 shall have been issued. 13. FINAL INSPECrICN. Upon completion of the improvements set forth in Paragraphs 1 and 2 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 submi tted a wri tten statement attest ing to same, the Ci ty Engineer shall recoomend that the improvements be accepted by the City. 14 . cnwEYANCE OF IJ.V.IPIUVE.\1EN. Upon comp let ion 0 f the ins tall at i on by Developer and approval by the City Engineer of the improvements set forth in Paragraphs 1 and 2 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. REPLACElVlENr. 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 period, Developer shall perform a televised inspection of all sanitary sewer lines . wi thin the plat and provide the Ci ty wi th a VIIS videotape thereof. 16. RES'IrnATICN OF STREETS 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. REIM3URSEYJENr OF CDSTS. The Developer shall reimburse the Ci ty 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 wi thin thi rty (30) days of the date of mail ing of the City's notice of costs to the address set forth in Paragraph 24 below. "f 18. ClAIMS Frn \\CRK. 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. . -4- . . . 19. ALTERNATIVE SEClJRI'IY AGREE.VJENr. The Developer has subnitted a proposed "Agreement Providing Alternative Security for Subdivision Irrprovements" (Security Agreement) rather than a perfonnance bond or security deposit to secure perfonnance of its obligations under the within contract. Said Security Agreement is hereby given concept approval only, subject to the following conditions: a. All docUI1entation evidencing the Securi ty Agreement shall be approved by the City Attorney prior to the coomencement of work on the project. b. The City Engineer shall do all inspection of the work. c. No disbursement of funds shall be made by the escrow agent under said Security Agreement to contractors on pay requests until the City Engineer certifies that the work has been done in accordance with City standards and the plans and specifications. 20. LIABILI'IY INSURANCE. The Developer shall take out and maintain during the I ife of this agreement public I iabi li ty and property dmnage insurance covering personal injury, including death, and claims for property dmnage which may arise out of the Developer's work or the work of 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 mnount 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 coomencement of construction of the improvements described in Paragraphs 1 and 2 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, REGUIATICNS AND PERVIITS. Developer shall comply wi th all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all pennits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before coomencing development of the plat. 22. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer are in the mnount of $7,223.00. Developer acknowledges that as a newly platted development of 12 lots, additional sums may be assessed against the property as equalization charges pursuant to Shorewood City Code. Developer agrees to accept and pay all such charges to the Ci ty in accordance wi th Shorewood Ci ty Code, together wi th 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 C, attached hereto and made a part hereof. -5- . . . 23. PARK FUND PAYMENf. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $5,500.00 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 communications to them shall be sent when required as conterrplated 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: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Jeffrey Schoenwetter President Schoenhall, Ltd. 5353 Gamble Drive Parkdale IV, Suite 307 Minneapolis, MN 55416 25. PR(X)F OF TITLE. Developer shall furnish a title opinion addressed to the Ci ty issued by the attorney for the Developer, which opinion guarantees that Developer in fact has a legal right to become fee owner of the property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the nonnal process of marketing lots, prior to the coopletion of the project and the requirements of this Agreement that he shall forthwith notify the City of such change in ownership. In lieu of a title opinion, Developer may furnish a copy of a title insurance policy indicating developer to be fee owner of the Subject Property. 26. DISCIAIMER BY CI'IY. It is understood and agreed that the City, the City Council, and the agents and employees of the Ci ty shall not be personally 1 iable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, finn 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 coopletion of the work and irrprovanents hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City hannless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. -6- . . . 27. DECLARATICN OF CDVENANI'S, aN>ITICNS AND RESTRIcrICNS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, if any, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 28. IX.JRATICN OF AGREEMENI'. This Agreement shall remain in effect until such time as the Developer shall have fully perfonned all of his duties and obligations under this Agreement. 29. RE.VlEDIES l.JRN DEFAULT. a. Assessments. In the event the Developer shall default in the perfonnance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) 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 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 detennined 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. Perfonnance 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 Paragraphs 1 and 2 above. (2) the cost of curing any other defaul t by the Developer in the perfonnance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. -7- '. . . 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. HEADIKUS. 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. SEVERABILIlY. 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. EXEaJI'ICN OF <XXJN.rERPARI'S. This Agreer.lent 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. CO'JSTRUCl'ICN. This Agreement shall be construed in accordance wi th the laws of the State of Minnesota. 34. S~SSORS 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 written. SCH>ENHALL, LID. CIlY OF SH:JlliWXD :~~/f/~ Rooert Rascop, Mayor ATrEST: __L~/ Ci ty Cle~ -8- . . . STATE OF MINNESCJI'A ) ) ss CDUNIY OF HENNEPIN) On this JB!hday of ^ - _0, , 1988, before me, a Notary Public within and for said County, p~peared 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 nmned 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 sai corporation. IXA~l~::"1 ~~ HENNEPIN COUNTY My Commission E'xpl.... Mer. 8. 199IJ xmm'."y"Wf'.,.,.....ff'fm'finTr'Y. STATE OF MINNESCJI'A ) ) ss CDUNIY OF HENNEPIN ) ) On thisd04ay of ~, 1988, before me, within and for said County, personally appea~ Jeffrey Schoenwetter, on behalf of Schoenhall, Ltd., who is its ~~esident, described in and who executed the foregoing instrument and acknowledged that he exe uted the same as his free act and deed. .~ . l~~ NOTA~~~~~~I~~I~~~SOTA I \~ HENNEPIN COUNTY My CommISSIon Expires July 10. 1993 . . -9- 7~ . . . EXHIBIT A LFn\L DESCRIPI'ICN OF SUBJOCI' POOPERlY "All. of Lot 122. except the north 2~ feet of the east 50 feet thereof. and those parts of Lots 121 and 124. Auditor's Subdivision Number One Hundred and Twenty. Hennepin County. Minnesota. described as follows: Commencing at a point on the west line of said Lot 121 at a point distant 497.8 feet north of the southwest corner of said Lot 121; thence at an angle to the right of 70 degrees 47 minutes a distance of 1~3 feet; thence at an angl.e to the l.eft of 26 degrees 3b minutes a distance of 66 feet. more or les~. to the most westerly portion of the east line of said Lot 121; thence nortn on said westerl.Y portion of sal.d east line a distance of bO.5 feet to an angle point in said east line; thence at an angle to the right of b2 degrees a distance of 77.2 feet to a second angle point in said ea~t line; thence north on said east ll.ne a distance of 100.2 feet to a point 07 feet south ot the southwest cornel of said Lot 122; thence at an ang.le to the right of 90 degrees a distance of 66 feet; thence at an angle to the leit 01 90 degrees a dl.stance of b7 feet to the south line of sal.o Lot 122; thence east on the south l.ine of said Lot 122 a distance of 2Y) feet to the ~outheast cornel of said Lot 122; thence north on the east line of said Lot 122 a distance of :LbO feet to the northeast corner ot s8l.d Lot 122; thence we~t on the nvrth ll.nes of sal.d Lots 122 and 121 a dl.~tance of bbC feet to the northwest corner of said Lot 121; thence south on the west l.l.ne of sal.e Lot 121 a dl.stance of 653 feet to the pl.ace of bebinning. accordl.nb to the pl.8t thereof on file or of record in the office of the Register of Deeds in and for sal.d County. except that part thereof embraced in Tract A. Registered Land Survey ~o. 391. Files of Regl.strar ot Titl.es. Count) ot hennepin. Lot 5. Wheelel-' s Uut-Lot~." P.l.N 35-117-23-~2-U025 35-117-23-33-000Y \ x .0 r'~ 'J \~ ," \:: 1 ~ ~ ::;1 d J,. 'if H ..., \ 0 ,1. ..' .... .....i JZ1 f:& '" 'LII'L 'Sf ".V I' ."1/ I..AI-, 1.1' .., J- ....:1 1..At., '\ ..9S.51.D'H", ,.,--- ':. 60"91 .. ,:,--- 50.S.'.'.......... \ - -....... ---" . H J. IHIHx:3: .... '.\t . .~) ".' ...... 'f.'~ .... .....II f..oJ'. iu!..!o!,. ,..,. Iff':- .., ..... u!I f.' ,,,!.,~..r,. "... '1":- U! ..~ .. ...,. .----, i------T---- I t- 00.. ; 00...... I I I J'" UNJJlVJSlfJ AJ./lUn aN" J!WNltIlHI . .... . ....1 ".,' nNOW NOYI S3J.ON30 a 3YV NMOMS S9NIYV38 OGI ...J 001 I OG 0 'ij .1]l,:J NI l'Y .c,. .-l. II 0 , 'v :4 t-.. .... \.... e,," . 'a 'A 9'11) ...., SI'UC '1 LfII '51 .....>11 , \ Je ,. ~'I.A". .I~,* ~~\ V \' ,!", .....----- ~ Irr 4" -- 'J".' .......... '"'.....- . "O!, " .f' " ~ >4"'" I!" :~ ~ 11 .::::: r~; ! . ..... -'" . r ~:,.;f,'~ ~ \~(J~j ~ I "" .. SaOOM 3>4'" Nld'''9 '\0.. N :"-;'! ..--/ r:.:: "ON ':>00 'Y':> 'ON ':>00 '.1' Y SYO}.3M.ns ':>N '>lVMON 9 0131:1'NV93 . ij EXHIBIT C . SEWER FXJIALI ZATI(N ClJARGE GALPIN lAKE WOODS 12 Lot Subdivision Original Assessments on property= $7,223.00- lC, lB & lA Additional Sewer Equalization added: Lots = 12 -3 units credited 9 units to be added Total Equalization: 9 units x $742.00 = $6,678.00 . .