2022-90CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 28, 2022 RESOLUTION NO:
MOTION BY: McDonald SECONDED BY:
2022-90
Rehm
A RESOLUTION APPROVING AN AGREEMENT FOR CHANHASSEN TO PROVIDE
WATER AND SANITARY SEWER SERVICES TO A PROPERTY IN SHOREWOOD
WHEREAS, a request has been made by the City of Shorewood and the property owners of
6190 Cardinal Avenue, Shorewood, MN, for Chanhassen to provide sanitary sewer and water utility
service to said property; and
WHEREAS, Shorewood does not currently have, and does not currently have imminent
plans to provide, sewer and water services to the property; and
WHEREAS, Chanhassen has public sewer and water utilities nearby that have capacity to
serve the property; and
WHEREAS, an appropriate utility easement will be provided by and across the property
located at 6200 Cardinal Avenue, Chanhassen, MN, to allow the utility lines; and
WHEREAS, the property owner will be responsible for the cost of installing the utility
service lines, including applicable hookup charges payable to Chanhassen; and
WHEREAS, Chanhassen will bill the property directly for sanitary sewer and water service
fees.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
authorizes entering into an agreement to provide sanitary sewer and water service to the property
located at 6190 Cardinal Avenue, Shorewood, MN.
PASSED AND ADOPTED by the Chanhassen City Council this 28t' day of November,
2022.
ATTEST:
TAAW/yyL
Im 1119
Ki M 'ssen, CitkCerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
SEWER AND WATER SERVICES AGREEMENT FOR
THE PROPERTY LOCATED AT 6190 CARDINAL AVENUE
4k
This Agreement, made this day of , 2022, by and between the
City of Shorewood, a Minnesota municipal corporation ('Shorewood'), the City of Chanhassen, a
Minnesota municipal corporation, ('Chanhassen'), and Audrius Asakenas, a single person,
('Property Owner').
WHEREAS, the Property Owner is the owner of certain lands located at 6190 Cardinal
Avenue, Shorewood, MN; legally described as
That part of Lot 87, Auditor's Subdivision Number 135, Hennepin County, Minnesota,
described as follows: Commencing at the southeast corner of said Lot 87; thence west
along the south line thereof to the southwest corner thereof; thence north along the west
line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East
line of said lot 50 feet north of the southeast corner thereof; thence south along the east
line thereof, to the point of beginning.
And, That part of Lot 89, Auditor's Subdivision Number 135, Hennepin County, Minnesota,
described as follows: Commencing at the southwest corner of said Lot 89; thence north
along the west line 50 feet; thence easterly and parallel with the southerly line a distance
of 49 feet; thence south 79o, 41' 43" west a distance of 51 feet; thence west along the
southerly line of said lot a distance of 40 feet to the point of beginning, and as shown in
Exhibit A attached hereto and made a part hereof, ('Subject Property'); and
WHEREAS, the Property Owner has made application to Shorewood for approval of a
Concurrent Detachment Annexation and Building Permit of the Subject Property; and
WHEREAS, the Property Owner and Shorewood have requested that Chanhassen
provide sewer and water services to the Subject Property; and
WHEREAS, Chanhassen has agreed to permit the Subject Property to connect to
Chanhassen's sewer and water system, all subject to certain terms and conditions.
NOW, THEREFORE, in consideration of the foregoing premises and approval by
Chanhassen and Shorewood of the proposed Detachment Annexation and approval by
Shorewood of the Building Permit; Shorewood, the Property Owner, and Chanhassen agree as
follows:
1. Services Provided. Sanitary sewer and water services to the Subject Property shall
be connected to Chanhassen's sewer and water utilities subject to application and
payment of all required connection and service fees by the owner of the Subject
Property. Chanhassen shall directly bill the owner of the Subject Property for the
services. Shorewood agrees to promptly certify the fees as a tax against the
property if the fees are not paid when due.
2. Utility Lines. The Property Owner shall be responsible for the construction of all
utility lines in accordance with Chanhassen's latest edition of Standard Construction
Specifications and applicable building and plumbing codes. As part of the building
permit, Shorewood will alert Chanhassen at the appropriate time for Chanhassen to
perform an inspection of the utility lines.
3. Construction and Maintenance. The Property Owner shall be responsible for all
construction and perpetual maintenance costs incurred in connection of the Subject
Property with the Chanhassen sewer and water lines. The Property Owner shall be
responsible for costs of installation, inspection, hook-up charges, sewer and water
availability charges, and fees which are normally associated with sewer and water
service provided by Chanhassen. Said fees must be paid prior to physical connection
to the Chanhassen utilities.
4. Utility_ Easement. The Property Owner shall prepare and obtain a utility easement
across the property located at 6200 Cardinal Avenue, Excelsior, MN, and legally
described in Exhibit B attached hereto, for the benefit of the Subject Property. The
easement must be recorded with Hennepin and Carver Counties prior to
construction of the sewer and water lines and evidence of such recording provided
to Shorewood and Chanhassen.
5. Access. The Subject Property shall have access from the existing private drive off of
Cardinal Avenue. The Property Owner shall obtain an Access Agreement from the
property owners of 6200, 6204 and 6210 Cardinal Avenue, Excelsior, MN.
6. Public Safety and Emergency Services. Public Safety and Emergency Services for the
Subject Property will continue to be provided by Shorewood.
7. Recordation. This Agreement, along with the Access Agreement, and Utility
Easement, shall be recorded against the Subject Property and the affected parties
with Hennepin and Carver Counties and evidence of such recording provided to
Shorewood and Chanhassen prior to construction of the sewer and water lines.
8. Agreement to Run with Land. It is intended that each of the easements, conditions,
rights, and obligations set forth herein shall run with the land and create equitable
servitudes in favor of the Subject Property, and shall be binding upon the current
and future owner(s) of the Subject Property, their successors, assigns, heirs, and
personal representatives.
IN WITNESS WHEREOF the parties hereto have caused these present to be executed
on the day and year first above written.
Dated: CITY OF CHANHASSEN
STATE OF MINNESOTA
)ss.
COUNTY OF CARVER
By:
6 7�-
Elise Ryan, Mayor
CITY OF CHANHASSEN
By:
Laurie Hokkanen, City Manager
V\
A The for going instrument was acknowledged before me this day of
�V 2 Eli Ryan, and b Laurie Hokkanen 2tJ2 , by se ya , � y respectively the
Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council. nn �� ,.
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"MA ( Dn o tj �'AA01
NotaraPu
KIM T. MEUWtSSEN
Notary Public -Minnesota
yet...:...' My Commission Expires Jan 31, 2025
Dated: I 0 v r 2"G7 , 20 I,?, -
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
CITY OF SHOREWOOD
-
By:�
Jennif--r Labadie, Mayor
CITY OF SHOREWOOD
B
Y•
Sandie Thone, City Clerk
he foregoing instrument was acknowledged before me this � day of
2022, by Jennifer Labadie, the Mayor and Sandie Thone, the City
Clerk of the City of Shorewood, a Minnesota municipal corporation, on behalf of the
City of Shorewood.
ry Public
BRENDA K PRICCO
%"� "� Notary Public
' _�l�^ �E Minnesota
�k My Commission Expires
Jan 31, 2025
Dated:12-` 2 a z 2-
STATE OF MINNESOTA )
jss.
COUNTY OF CARVER 1
PROPERTY OWNER
By'
4;
Audrius Asakenas
The foregoing instrument was acknowledged before me this � day of
2022, by Audrius Asakenas, Property Owner,
NEUA F t;�;ISWeLL
NOTARY PUBLIC
M:NNE50TA
Fly Comlrgtx-1 cares Jan. 31, 2024
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Notary Public
Exhibit A: The Subject Property
Parcel 2 as identified on the Survey below
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Exhibit B: Legal Description of 6200 Cardinal Ave. Property
That part of the Northeast % of Section 3, Township 116, Range 23 described as
follows; Beginning at a point in the North line of said Section 3, distant 1356 feet
West of the Northeast corner of said Northeast %; thence continuing West of the
North line of said Section 3, a distance of 450 feet; thence South, at right angles to
said North line, a distance of 193.6 feet; thence East parallel with said North line a
distance of 450 feet; thence North at right angles to the last described course a
distance of 193.6 feet to the point of beginning, Carver County.
RESOLUTION 22-124
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A UTILITY AGREEMENT FOR THE PROPERTIES
KNOWN AS 3411723440050 AND 3411723440052
WHEREAS, Carl Zinn (Applicant), has submitted a request to serve the property with utilities
from the City of Chanhassen (the Request) for the property legally described as:
That part of Lot 87, Auditor's Subdivision Number 135, Hennepin County, Minnesota,
described as follows: Commencing at the southeast corner of said Lot 87; thence west
along the south line thereof to the southwest corner thereof; thence north along the west
line thereof, a distance of 132 feet; thence at right angles due East 33 feet; thence in a
straight line northeasterly to a point on the east line of said Lot, 165 feet north of the
southeast corner thereof; thence south along the east line thereof, to the point of
beginning. And That part of Lot 89, Auditor's Subdivision Number 135, Hennepin County,
Minnesota, described as follows: Commencing at the southwest corner of said Lot 89;
thence north along the west line thereof, a distance of 165 feet; thence at right angles due
east a distance of 70 feet; thence southwesterly to a point on the south line of said lot,
distant 40 feet easterly, along said south line from the southwest corner thereof, thence
west along said south line to the point of beginning (the "Subject Property"); And,
WHEREAS, the Request for utilities from the City of Chanhassen has been reviewed and found
to be appropriate as the Subject Property's access to sewer is compromised by grade and a
tiered retaining wall and water is not available in the area; and,
WHEREAS, said Cities of Chanhassen and Shorewood are amenable to an agreement to serve
the property with utilities from Chanhassen
WHEREAS, said cities' staff has prepared a utility agreement with the specific conditions listed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
Request for a utility agreement for the Subject Property is approved including the conditions in
the agreement;
BE IT FURTHER RESOLVED THAT THE City Council hereby authorizes the Mayor and City
Clerk to execute the agreement on behalf of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
November, 2022.
Je nifer abadie, Mayor
ATTEST:
San ie Thone, City derk