3s. Approve Joint Powers Agreement to Provide Sanitary Sewer and Water Service to Lot 1, Block 1, Cunningham AdditionI MEMORANDUM
L
G
ss,
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, City Engineer/Director of Public Works
Action by City Administrator
Endorse �Gl1f�
Modifie
Rejecte
D to - (I --9,,�
Dale Submitted to Commia"
FROM: Dave Hempel, Assistant City Engineer Dote Submitted to Cound
-/A -9s
DATE: June 5, 1995
SUBJ: Approve Joint Powers Agreement to Provide Sanitary Sewer and Water Service
to Lot 1, Block 1, Cunningham Addition, City of Shorewood - File No. PW -285p
The City has been contacted by representatives of the Cunningham subdivision for extension of
municipal sewer and water service from Chanhassen to a newly platted lot which overlaps into
the City of Shorewood. The lot is located along Ridge Road on the east side of Christmas Lake.
A portion of the lot is within the City of Chanhassen; however, the location of the home will be
in the City of Shorewood. One of the conditions of approval for the Cunningham plat was for
the applicant to enter into an agreement with the cities of Shorewood and Chanhassen for utility
service. Attached is an agreement reviewed by the City Attorney's office which allows for the
parcel to connect to Chanhassen's sewer and water systems. The agreement is similar to other
cases where the City has supplied municipal service outside the community limits.
It is therefore recommended that the City Council approve the attached agreement for providing
Lot 1, Block 1, Cunningham Addition to be serviced by Chanhassen city sewer and water
conditioned upon the property entering into the agreement along with the City of Shorewood.
The applicant shall also be responsible for the City Attorney's fee for preparation and recording
the easement document. The applicant shall escrow with the City $100 to insure repayment of
the Attorney's fees and recording of the documents.
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Attachments: 1. Location map.
2. Joint Powers Agreement.
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KNiJTS0t%1 ..TIER et. al
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Duplicate Original. (3 copies)
AaREEM
THIS AGREEMENT, made this day of
by, between, and among the CITY OF SHOREWOOD, a Minnesota
municipal Corporation ( "Shorewood "), the CITY OF CHANHASSEN? a
Minnesota municipal corporation, ( "Chanhassen ") and Dr. James / J.
Meyer and Karen M. Meyer, husband and wife ( "Owner ").
WHEREAS, the Owner is purchasing Lot 1, Block 1, Cunningham
Addition, Hennepin county, Shorewood, Minnesota ( "Subject
Property ");
WHEREAS, the Owner and Shorewood have requested that
Chanhassen provide sewer and water services to the Subject
Property. 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
Shorewood, the Owner and Chanhassen agree as follows:
1. Services ProyIde Sanitary sewer and water services to
the Subject Property shall be provided by Chanhassen, and
Chanhassen shall directly bill the owner for user charges.
Shorewood agrees to promptly certify the fees as a tax against
the property if the fees are not paid when due.
2. per its And charges, Prior to connecting to Chanhassen
sewer and water systems, the owner shall obtain any necessary
permits from the City. The owner shall be responsible for paying
Page 1 of 3
ID : 0124357070 JUN (_ '' - +5 14:. No , i_i -E - , F'..--
ATTACHMENT 2
I; I'dIJT:_:011 _j I ER et a 1 . I D : 6124357070 JUN 05'9_5 14 : 38 Nr_ . 0 0 . F• . [i
all applicable sewer and water connection charges, hook -up I
charges, inspection charges, meter deposits, and sewer
availability charges.
3. Construatign ap4 Maintenance. The Owner shall be
responsible for all construction costs and the continuing
maintenance of the sewer service lines connecting the Subject
Property with the Chanhassen sewer and water lines.
4. Sunset Provision. If the Owner has not paid all
applicable charges and connected to the Chanhassen sanitary sewer
and water systems within two (2) years from the date of this
Agreement, this Agreement shall be null and void.
IN WITNESS WHEREOF, the parteis hereto have caused these
present to be executed, on the day and year first above written.
Dated:
( SEAL)
STATE OF MINNESOTA)
) as.
COUNTY OF CARVER
CITY OF CHANHASSEN
MW
AND
Donald J. Chmiel, Mayor
Donald Ashworth, City Manager
The foregoing instrument was acknowledged before me this
day of , 19_, by Donald J. Chmiel and
by Don Ashworth, 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.
Notary Public
Page 2 of 3
KNIJ TS' 011 '::TIER et al. ID :6124357070
I Dated:
JUN � 5- ' 9 E-5 14 : 3 9 N o F
CITY OF SHOREWOOD
BY:
Robert B. Bean, Mayor
' AND
James C. Hurm, City
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
' The foregoing instrument was acknowledged before me this
day of ' 199_, by Robert B. Bean and by
' James C. Hurm, respectively the Mayor and City of
the City of Shorewood, a Minnesota municipal corporate - on, on
behalf of the corporation and pursuant to the authority granted
by its City Council.
' Notary Public
Dated: OWNERS
' Dr. James J. Meyer
' Karen M. Meyer
' STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 199_, by Dr. James J. Meyer and
Karen Mm. Meyer, husband and wife.
DRAFTED BY:
KNUTSON, STIER, KNUTSON
EARLEY, SHERIDAN & BURNS
120 Midway Bank Huiding
14300 Nicollet Court
Burnsville, MN 55306
(612) 435 -7704
Notary Public
TWL /dmp
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