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88-017 r . . . RESOLurICN ro. 17-88 A RESOLurICN APPROVING '!HE FINAL PLAT OF SWEKIWATER AT NEAR l\UJNrAIN 2nd addit ion WHEREAS, the final plat of Sweetwater at Near Mmntain 2nd Addition has been submitted in the manner required for the platting of land nnder Shorewood Ci ty Code and nnder Chapter 462 of Minnesota Statutes, and all proceedings have been duly had therennder; 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. IDV, 'IHEREFORE, BE IT RESOLVED by the City Conncil of the Ci ty of Shorewood as follows: 1. That the plat of Sweetwater at Near lVbnntain 2nd Addi tion is hereby approved. 2. That said approval is specifically conditioned upon the tenus and conditions contained in the Development Agreement for Sweetwater at Near lVbnntain 2nd 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 and Development Agreement on behalf of the City Conncil. 4. That this final plat shall be filed and recorded within thirty (30) days of the date of this resolution. BE IT FlJRlHER RESOLVED, that such 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 fonnality, all in compliance with Minnesota Statutes and Ordinances of the City. AOOPIED BY 'IHE CI'IY axJNCIL of the Ci ty of Shorewood this 14th day of March , 1988. Robert Rascop, Mayor A'ITEST: Sandra L. Kennelly, City Clerk . . . 3/11/88 CI'IY OF SlDIlliWXD DEVEWRVlENI' .AGREFlVJENl' S\\t"EE'IWATER AT NEAR lVUJNI'AIN 2nd AIDITICN TIns .AGREE.VJENr, made this 14th day of March , 1988, by and between the CI'IY OF SlIJRm\UD, a Minnesota IIllUlicipal corporation, hereinafter referred to as the "Ci ty" and LUNDGREN BROS. a:NSTRUCrICN INC., 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 lVbnntain; and WHEREAS, Developer has previously filed with the City the first, second, third, and fourth final plats for said development; and WHEREAS, Developer now desires to file the fifth final plat for said developnent, which is the plat of Sweetwater at Near lVbnntain 2nd Addition, which is a replat of the lot orignally platted as Sweetwater at Near Mbnntain, and which replat is attached hereto and made a part hereof as Exhibi t A. IDV, 'IHEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Sweetwater at Near Mbnntain 2nd Addition, the City and Developer agree as follows: 1. The Developer shall submit an Agreement Providing Alternative Security for Subdivision Improvements for the property platted as Sweetwater at Near Mbnntain 2nd 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 Mbnntain 2nd Addi tion, 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 acknowledges that as a newly platted development, additional sums will be assessed against the property as equalization charges pursuant to Shorewood City Code. . . . 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 made a part hereof. 4. All other applicable provisions of the Near l\buntain 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 written. LUNDGREN EROS. a:NSTRUCrIOO INC. CI'lY OF SlIJRm\UD By: M., ~"" /'/ ,.J \ \~ ' ") 1'" It s: (J /\J..o . Its: Mayor By:/~4c/' ~4,G!7-YV ATl'EST: ~~r~A '~r~ . . . STATE OF MINNESOTA ) ) ss CDUNIY OF HENNEPIN ) On this 15 ~ day of ~<.J..-" 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. J,w-t-,L-i--t.;a 2()."LA.Ju2'I-"--" . Notary Pub I ic 'v.'''##''#~### @ MELANIE B. WARREN ..u · NOT AAV PUBUC. MINNESOTA HENNEPIN COUNTY My Oommlllion Ixplres F.. 13. 1tIO STATE OF MINNESOTA ) ) ss CDUNIY OF HENNEPIN ) On this /d ~day of c ~/&>e--L , 1988 before me, wi thin and for said County personally appeared ~/-tz/./ (l2d:A:/A71 and 'to me per onally known, w!1-o, being each by me duly sworn did say that they are respectively the /-/f/..d./d';;..-j1'';c: and of the corporat ion . 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. ~~<w/ ~ JU~ No ary , blic MarGaret D. Dolan NotGXY 'Pub~k;;..t\.1~nnas,ota H{~nn'E;D[il County My COffini. 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EXHIBIT A-l . d z d o c t-= ex: '" ~ .. ~ ~ ::. l- I- :; ~ T --, g I ..~ 2 --t ~; I ~. :i 0" I -I 2 I LJ ... Z ZOO izz -crt: ~~i ~o" ~:~ -.. %1-'" ..."'! 0"'-' i"-... z21: .0.. I-ZI- "'~.. ~"'''t-' Q~~~ !~~~ '"'00% 111...41- ~ a ~.. I- ~ ~ ~ ::. 0 " 2 .. Z % 0 I- ! ~ ::: Ill. t; ~,r ~ ~; 0 1\ OI- I 5 ~ ~ ! -. II ~ ~ o!! ~~~ 3 Z - . i ~ ~ ig~~; ~ .. . ~ 11\ 00.. > - s. - ~ z.! ! 8 ~ = l- I- ~ ..~d ~:i I II ! W! ~ Z .':fl- l- i 0(:11 ~ t/) ti w J: en C') u.. o C') Iii w J: en a:::C wZ t-N <( ~ t- W W ~ (/) ~~ 'Ill 0.. 1'1. ~N z - <( t- Z ::> S ~6.30'OO. .., .,h_ '" 169 .s-" 11, I I r -_--, r"-- 'I I 1-. : I 1 1 v ~ , / I "", ' ,V - / 1 . , / ) I~ .J 1 g~ I _I '1' ..-' I in.: , v it .8/ I;; ~ lil I l/I h"" :i: i / \ 13 / 1 s s,'.s'oO' W h.. \ ,J,=-.clll.'~~' Jf / --- 174 21--. , ~0~"8 _ '--. . 8 s lU...,.oo' ":J, ~R. , ,:!!.___ 185.'S! ___;---_~ ~. O 80,!.'! ::1 ,"0 ' .-O( -. eO.88 -- \ 124.51 ill" r------ ~Z V :\ " '" u.. I: b I Z 0 1& ~ ~ 1--. a:: ~N~ Ii~ ... 10 O -"'w ~= .A' ..J:::~ I'" ~ J:~Ul I ~ I- ~f ~~,<>.." o=- t-O <(<( rt) N ~ 1--" v .J 'J IV . . .. 15 ~ III- fI'I!!! ; ~~I ~~z ~H d, . ~~-1 )/s u z o Q ,.: . / Ii: ::0 " co II .. . o Ii: II % .. C . . +f-....... ..... : : - . .... EXHIBIT A-2 . . . , SWElIDVATER AT NEAR lVllJNI'AIN 2nd AlDITICN Sewer Equalization O1arges: Lots 17 $ @ 'lUl'AL EQJALI ZATICN CHARGE FOR PIAT 848.00 $ 14,416.00 EXHIBIT B