87-031
r.
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RESOLUl'IOO ID. 31-87
A RESOLUl'IOO APPROVING 1HE FINAL PIAT OF
SIDRF.WXD OAKS
WHEREAS, the final plat of Shorewood Oaks has been submitted in the
manner required for the platting of land under Shorewood City Ordinances 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 Ordinances of the City of Shorewood.
WV, lliEREFORE, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood:
1. That the plat of Shorewood Oaks is hereby approved.
2. That said approval is specifically conditioned upon the tenms
and condi t ions contained in the Develo{XIlent Agreement for Shorewood Oaks,
attached hereto and made a part hereof.
3. That said approval is further conditioned upon the developer
removing all liens and encumbrances from the property, with the exception of
those encumbrancers signing the plat, on or before March 31, 1987.
4. That the Mayor and City Clerk are hereby authorized to execute
the Certificate of Approval and Development Agreement on behalf of the City
Counci I .
5. That this final plat shall be filed and recorded within 30 days
of the date of this resolution.
BE IT FURlHER RESOLVED, that such execution of the Certificate 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 City.
AOOPI'ED BY 1HE CI'IY <XXJNCIL this 23rd day of
March
, 1987.
CI'IY OF SIDRF.WXD
A'ITEST:
Robert Rascop
Mayor
Sandra L. Kennelly
City Clerk
.
CI'lY OF SImEVaD
RESIDENTIAL SUBDIVISIOO DEVEIDRVJENr AGREFMENT
PLAT OF SIDRE\\UD OAKS
TIllS AGREElV.IENl', made thi s 23rd day of March , 1987, by
and between the CI'IY OF SIDRE\\UD, a nnmicipal corporat ion, hereinafter
referred to as the "Ci ty", and SIDRE.WXD OAKS DEVEWRVJENr, INC.,
hereinafter referred to as the "Developer".
WHEREAS, the Developer is the fee owner of certain lands
described in Exhibit A attached hereto and made a part hereof, which lands
are hereinafter referred to as the Subject Property; and
WHEREAS, the Deve I oper has made app I i ca t i on under the Ci ty
Subdivision Ordinance for City Council approval of a single-family
residential development preliminary plat of said land, said plat to
contain approximately 44 acres divided into 73 lots, and to be known as
Shorewood Oaks; and
WHEREAS, Developer has filed with the City the Final Plat for
said deveI o{XIlent, which plat is attacllcd hereto and made a part hereof as
Exhibi t B; and
. WHEREAS, the City Council by its resolution passed on February 9,
1987, has approved said preliminary plat.
N:M7, lliEREFORE, in consideration of the IIRltual covenants and
guarantees contained herein, the City and the Developer agree as follows:
1. II.YIPROVFlVIEm' INSTALLED BY CI'IY. Developer has previously submi tted to
the City Council a petition, as provided for by M.S. 429, for the
construction and installation of the following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable concrete curbs and gutters;
c. Watermain connecting the Shorewood Oaks Development to the
Boulder Bridge Farm Municipal Water System;
d. All work requi red by lVNXJl' for access between Shorewood Oaks
Develo{XIlent and T .H. 7;
e. Sanitary sewer mains;
f. Watermains within the plat;
g. Storm sewer and surface water drainage facilities;
.
.
h. Drainage system for collection of drainage from perimeter
drain tile systems of each residential unit;
i. Street nmne signs;
j. Traffic control signs.
Upon the City's adopting a resolution detennining the sufficiency of such
petition, the City shall proceed to design, construct and install such
improvements and to assess the entire cost of said improvements (the
project) against the Subject Property. Assessment will be over a period
of time coinciding with the payback of the bonds sold to construct the
project. The assessment shall bear interest at the rate of one and
one-half percent (1 1/2%) per annum above the interest rate shown on the
bonds. The total cost of said project shall be the actual construction
cost plus indirect costs for administrative, legal, engineering, and
bonding expenses. Developer herewith agrees and waives all hearings and
objections, statutory or otherwise, and consents to said assessments being
placed on the property. It is understood and agreed that property owners
within the plat of Shorewood Oaks wi 11 pay no hook-up charges to the City
for connection to the nnmicipal water system.
.
Developer, its heirs, successors, and assigns, shall not (except upon
written approval of City) transfer any property or portion thereof that is
the subject of the Agreement before the entire improvement cost is
assessed against the property without payment of a sum equivalent to the
amount to be assessed, under and pursuant to this Agreement. If any such
transfer is made before the special assessments have been levied,
Developer shall pay City the sum of cash equal to the amount estimated by
the City Engineer for the special assessment for the property to be
transferred. Such estimated amounts shall be the smne amounts used for
the actual assessments to be subsequently levied against the property.
If, upon final completion of construction and installation of
improvements, it appears that a substantial difference exists between the
original amounts assessed and the amounts necessary to pay the actual cost
of the improvements, such difference will be applied as an adjusted
assessment to the remaining property owned by the Developer.
In the event Developer fails to pay after 180 days from the due date, any
installment of special assessments for a particular lot or lots within the
plat, and if such lot or lots constitute a quantity in excess of ten
percent (10%) of the total number of lots in said plat, City at its
option, and in addition to its rights and remedies hereunder, may declare
all the unpaid special assessments levied on all property that is subject
to this Agreement, due and payable in full, and imnediately may conmence
legal action against Developer to collect the entire unpaid balance,
including reasonable attorney's fees, and shall not be obligated to issue
a building pemlit for construction on any lot within the development
property.
.
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2. IMPROVElVJEN.I'S INSTALLED BY DEVEIDPER. Developer has previously
installed certain improvements including sanitary sewers and street
grading and, after acceptance by the City, will furnish the City a bill of
sale for such improvements. Said improvements shall not be included in
any assessment against the property.
3. EASEMENTS. Developer, at its expense, shall acquire all easements
from abutting property owners necessary to the installation of the
sanitary sewer, storm sewer, and water facilities within the plat, and
thereafter promptly assign said easements to the City. The City shall
acquire all easements necessary to the installation of the watermain
connecting the Shorewood Oaks developnent to the Boulder Bridge Farm
municipal water system and charge the cost of obtaining such easements
back to the Developer.
4. GRADIOO, DRAINAGE, AND EROSICN CXNf.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
dmns, 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.
5. EXI'ENSICN OF S10RVI SEWER SYSTE.VJ. The Ci ty shall extend the storm
sewer system westerly from its point of termination at the west boundary
of plat across Strawberry Lane through the City right-of-way and there
terminating. The cost of such extension shall not be included in the
assessment against the property.
6. cxx:uPANCY PERVIITS. The occupancy of any structure on any lot wi thin
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 and water lines shall have been installed and are available
to serve the lot for which the building permit shall have been issued.
7. LEGAL ~IOOS. The Ci ty may insti tute 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.
8. SEWER ASSESSMENrS. The original assessments against the property for
sanitary sewer were in the amount of $26,825.00. Developer acknowledges
that as a newly platted development of 73 lots, additional sums may be
assessed against the property as equalization charges pursuant to
Shorewood Ordinance No. 80. Developer agrees to accept and pay all such
charges to the City in accordance with Shorewood Ordinance No. 80,
together with 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
-3-
of such charges is set forth in Exhibit C, attached hereto and made a part
hereo f .
.
9. DECLARATICN OF <DVENANTS, a:NDITICNS AND RES'IRIcrICNS. Developer
shall provide a copy of the Declaration of Covenants, Condit ions and
Restrictions, the Articles of Incorporation and By-laws of the Homeowners
Association, if any, for review and approval by the City prior to
recording.
10. PARK FUND PAYMENr. Developer shall, at the time that final plat is
approved, make a cash payment to the City for the Park Fund in the SlDl of
$36,500.00 ($500 per lot for 73 lots).
11. PIlX)F OF TITLE. The Developer shall furnish the City wi th evidence
satisfactory to the City that it holds title to the Subject Property in
fee simple.
12. VACATICN AND 1RANSFER OF LAND. Prior to execution of this Agreement
by Developer, the City shall transfer title to the Developer to the
following described land by recording Resolution No. 8-85, vacating such
land as an un-named street:
.
That part of Auditor's Subdivision No. 133, Hennepin
County, Minnesota lying southerly of the south lines
of Lots 98 and 106, said Auditor's Subdivision No.
133; lying westerly of the northwesterly right of
way line of Trunk Highway No.7, as described in
Document No. 3439216, Book of Deeds 2414, Page 293,
and easterly of the southerly extension of the west
line of said Lot 106.
After execution of this Agreement and after filing the final plat herein,
Developer shall transfer to the City, free and clear of all encumbrances,
title to the following described land.
Outlots A and B, Shorewood Oaks, according to the plat thereof on
file and of record in the office of the County Recorder, Hennepin
County, Minnesota.
13. IX.JRATICN OF AGREE.VlENl'. This Agreement shall remain in effect until
such time as the Developer shall have fully performed all of its duties
and obI igat ions under this Agreement.
14. HEADIOOS. 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.
15. SEVERABILITY. 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.
.
16. EXEOJI'ICN OF CXXJNrERPARl'S. This Agreement may be siIml taneously
executed in several counterparts, each of which shall be an original, and
all of which shall constitute but one and the same instrument.
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17. UNSTRUcrICN. This Agreement shall be construed in accordance wi th
the laws of the State of Minnesota.
18. 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, lVN 55331
To the Developer:
Shorewood Oaks Development, Inc.
6100 Auto Club Road
Suite 314
Bloomington, lVN 55438
19. SlmSSORS 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.
SlDRE\\UD OAKS DEVEIDHVJENI' INC.
/,/'....". ".""""!"""~""'~') ("-)
, I) \11. I
~by:l:::;""';;D---
It ;',
S ~ .,A...La_ ,
CITY OF SIDRE.WXD
., ~",,,,,,""',n'~..-..,,
~u~~
by:
Its Mayor
A'ITEST:
~~-~
~:-,..c:: . / (- (/ ,
""~Cny Clerk r
.
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STATE OF MINNESOI'A )
) ss
axJNlY OF HENNEPIN)
On thiS~ day of~, 1987, before me, a Notary
Public within and for said County, personally 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 City Council, and said Robert Rascop and Sandra Kennelly
acknowledged said instrument to be the free act and deed of said
corporation. ~. _ cI --_,
1A..8":W'~E~:.uI, _ ~,~
\'S::"I HENNEPIN COUNTY E otary Publ
~ My Commission E~pir", Mar. 6, 1990 t
)t"r.~~y~"~YY'VY'f9\-."''''YY'l1ffYl(
STATE OF MINNESOI'A )
) ss
axJNlY OF HENNEPIN)
On this31st day of Nl.astc.h
said County personally appeared
and to me per so II own, who, being each
by me duly sworn did say that they are respectively the PJ\fs-iMM-:t-
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.
IM.ja~~:~~-;~~~._~~~A~'~W:1
~~ NOTARY PUBLIC, MlmkSOTA
~iJ HENNEPIN COUNTY
~.... My Commission Expires Mar. 6, 1990 t
XV'fY''ffW'"f''f'Y'-'Vfy",-nv-wY'fi'VVTft'Vl(
~ ~ 0 ~
lllU. .~
tary Pub I i
-6-
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.
SlIJREWXD Q\KS
Lot 106, Auditor's Subdivision NUmber 133, and
Lot 98, Auditor's Subdivision NUmber 133, except
the easterly 52 rods of said Lot 98 and except
that part thereof of said Lot 98 which lies
within the right-of-way of State Highway No.7.
ALSO that part of adjoining vacated 62nd Street
which lies between the northwesterly
right-of-way line of State Highway No. 7 and the
southerly extension of the west line of Lot 106,
Auditor's Subdivision No. 133.
.
EXHIBIT A
.
-7-
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SImE\\OD Q\KS
SEWER EXJJALI ZATICN OIARGES:
73 total lots minus credit of 4 lots from original sewer assessments
equals 69 lots to incur sewer equalization charges:
69 total B-units at $717.50 per unit
$49,507.50
Total Equalization Charge for Plat
$49,507.50
Sewer Assessments still outstanding for plat
$ 3,120.25
EXHIBIT C
-9-
....