2b. Approve Agreement providing Utility and Street Services to Proposed Subdivision (Deer Ridge) in the City of Shorewood Project 92-18 1 T b
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CHANIIASSEN
' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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111 • :�' tAl. ENGINEERING Cwt
MEMORANDUM r eceived
I TO: Charles Folch, City Engineer Revision No Approved by City Engineer
FROM: Dave Hempel, Assistant City Engineer Date 3
Approved by City Council
DATE: March 16, 1993 Date
1 SUBJ: Approve Agreement Providing Utility and Street Services to Proposed
Subdivision (Deer Ridge) in the City of Shorewood
Project No. 92 -18
Background
The applicant, Mr. Jeff Williams of J. Scotty Builders, has contacted the City requesting
extension of municipal sanitary sewer and water service for a proposed single - family
subdivision in the City of Shorewood. The property is located approximately 200 feet north
of Koehnen Circle and east of Cardinal (see Attachment No. 1). The project consists of
1 extending a public street (cul -de -sac) and utilities north from Koehnen Circle into
Shorewood. The City had previously entered into a subdivision development agreement
back on November 25, 1975 (Attachment No. 2) with Shorewood and the property owner
at that time, John E. Sayer. However, the project never commenced and the property
subsequently has been sold to Mr. Williams. The City of Shorewood has recently granted
preliminary plat approval for Deer Ridge contingent upon receiving utility service and street
access from the City of Chanhassen.
Proposal
The City Attorney's office has prepared an agreement between the City of Chanhassen, the
City of Shorewood and J. Scotty Builders, Inc. in which the City of Chanhassen assumes the
responsibility in providing and maintaining utility service and street access to the proposed
subdivision (Attachment No. 3). Existing sanitary sewer and water lines in Koehnen Circle
are adequately sized to provide utility service to the proposed development. The proposal
for the five -lot subdivision includes a street constructed to Chanhassen standards. This
agreement also requires the applicant to enter into a development contract to provide the
' is
� mor PRINTED ON RECYCLED PAPER
1
1 Charles Folch
March 16, 1993
1 Page 2
' and specifications of the street and utility improvements will be submitted for staff review and
City Council approval.
Recommendation
It is therefore recommended that the City Council approved the agreement between the City fo
Shorewood and the City of Chanhassen and J. Scotty Builders to provide utility service and street
access to the proposed subdivison (Deer Ridge) within the City of Shorewood contingent upon
1 execution of this agreement by the City of Shorewood and J. Scotty Builders, Inc.
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' Attachments: 1. Location map.
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1 2. Existing agreement.
3. Proposed agreement.
' c: Jeff Williams, J. Scotty Builders
Bradley Nielson, City of Shorewood
' Manager's Comments (3- 18 -93):
J. Scotty Builder's request to allow extension of Chanhassen's sewer and water into Shorewood
' for their plat occurred at the same time that we were notified of our loss of eligibility for
Community Development Block Grant funds. Given the size of suburban Hennepin County, they
represent an entitlement area. (You do not need to apply for specific grants. Distribution dollars
' are based on the total suburban population. Minneapolis operates under a separate program.
Carver County is not in the CDBG entitlement area). As Chanhassen is a split- county city, our
entire population can be counted in the .distribution formula as long as we have residents in both
' counties. With the widening of Highway 5, the two houses which previously sat in Hennepin
County were eliminated by the highway expansion. The final notice received was the last in a
series of appeals at various administrative levels within HUD. Hennepin County supported us
through all of those processes. Although there is a possibility that our federal legislators will
introduce federal legislation to allow for our continued participation in CDBG monies, the
chances of that are unlikely.
In meeting with J. Scotty Builders, staff relayed that we would propose that the City Council
approve the final agreement, but they would condition that upon staff attempting to appeal to the
1 Shorewood City Council to agree to a friendly annexation/deannexation agreement for the most
southerly lot. If Shorewood would agree to a friendly deannexation/annexation for the most
southerly lot, Chanhassen will then have re -met the conditions associated with the CDBG
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Charles Folch 1
March 16, 1993
Page 3 1
program and retained our eligibility. [Note: We continue to receive eligibility for 1993 with
1994 being up for grabs.] Our appeal to Shorewood's City Council will be primarily on the basis
of helping us maintain CDBG monies. They have a direct interest in our maintaining eligibility
as we have contributed over $40,000 to the South Shore Center over the past years and would
likely continue to contribute $4,000 per year to that program. We believe this is warranted since
seniors are mobile and many of our residents frequent both the Chanhassen and South Shore
Centers. With the loss of our contribution, Shorewood/Excelsior/Tonka Bay would likely bear
the brunt of those lost contributions.
A second area which we will attempt to present to Shorewood is the fact that without our
agreement to extend sewer and water, no more than three lots could have been developed by J.
Scotty Builders. In essence, without our agreement/participation, the taxes potentially to be
received by Shorewood from the proposed six lots would then be reduced to three. Our position
will be that by their agreeing to deannex the most southerly lot, they still will have gained
approximately $5,000 per year that they would not have had had we not agreed to allow the
extension of our sewer and water systems.
The above points have been discussed with J. Scotty Builders. They were made aware of the fact
that staff would be pushing for this friendly deannexation/annexation proposal. Their fear has
been that they would somehow become a pawn in the Community Development Block Grant
money debate. We attempted to assure them that staff would not recommend that we do that,
i.e. that we would not recommend that the agreement be conditioned upon Shorewood's
agreement to the deannexation process. Instead, we would be making our recommendation on
the basis that the Chanhassen City Council was requesting Shorewood to agree to the
deannexation process on a voluntary rather than a required basis. The final decision, however,
rests with the City Council.
Recommendation 1
Approval of the agreement providing utility and street services to Deer Ridge is recommended 1
with the condition that staff be instructed to approach the Shorewood City Council and request
their consideration of a friendly deannexation/annexation process for the most southerly lot in 1
Deer Ridge.
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( --1 ATTACHMEMT NO.1 _.
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CITY OF SHOREWX D 1
COMBINATION AND SUBDIVISION romonmarr AC EEAM/r
JOIN E. SAYER PROPERTY '
THIS AGREEMENT, made this_7.- '' day of ,C 4147) 4) J, 1987, by
and between the CITY OF SHORE'NOOD, a Minnesota municipal corporation,
hereinafter referred to as "Shorewood ", JOHN E. SAYER and CAR LE A. SAYER,
hereinafter referred to as "Developer ", and the CITY OF CIANHASSEN,
hereinafter referred to as "Chanhassen ".
WHEREAS, the Developer is the owner of certain lands described in
Exhibit 1 attached hereto and made a part hereof, which lands are
hereinafter referred to as the "Subject Property "; and
iar • , the Developer has made application under the Subdivision
provisions of the Shorewood City Code for approval of a combination and
subdivision of said land to form Parcels A and B, described in Exhibits 2
and 3 attached hereto and made a part hereof; and '
4 ia' , approval of the proposed combination and subdivision by
Shorewood will result in Parcel A having no direct access to a public
street within the City of Shorewood and no direct access to a sewer line
within the City of Shorewood; and
WHEREAS, Chanhassen has agreed to permit a private driveway
access from Parcel A to Koehnen Circle and to permit Parcel A to connect
with Chanhassen sewer lines, all subject to certain terms and conditions.
NOW, THEREFORE, in consideration of the foregoing premises and '
approval by Shorewood of the proposed combination and subdivison,
Shorewood, the Developer, and Chanhassen agree as follows:
1. Any further division of the Subject Property shall be
accomplished by formal plat.
2. Any further division of Parcel A shall be limited to 3 lots. '
3. Parcel A shall have access to Koehnen Circle by a private
driveway to be maintained by the property owners within Parcel A.
4. Parcel A may receive sewer service from Chanhassen, subject
to the conditions herein, and Developer hereby waives any right it may
have, now or in the future, to receive any sewer service from Shorewood
for the benefit of Parcel A.
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ATTACHMEMT NO.2 1
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1 5. Prior to construction of the sewer line connecting with
Chanhassen sewer line, Developer shall furnish Chanhassen with the
following items:
a. Copies of executed easements for road and utility purposes.
b. A detailed plan of the proposed construction in accordance
' with plans and specifications approved by the Chanhassen City
Engineer.
c. A letter of credit in the amount of 110% of the cost of
construction of the sewer line.
' 6. Developer shall be responsible for all construction costs and
the continuing maintenance of the sewer line connecting with the
Chanhassen sewer line. Develop shall be responsible for costs of
inspection, trunk charges, user charges, and all other charges and fees
which are normally associated with sewer service provided by Chanhassen.
7. Parcel A and any future subdivision thereof, shall be
considered as benefiting from, and be subject to, all assessments for
local improvements which may be made to Koehnen Circle by the City of
Chanhassen.
8. Public safety and emergency services for the Subject Property
will continue to be provided by Shorewood.
9. Developer shall furnish Shorewood with evidence satisfactory
to Shorewood that it holds fee title to the Subject Property.
10. This Agreement shall be binding upon and inure to the benefit
of the parties hereto, their heirs, legal representatives, successors and
assigns.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
7
CITY OF CHANHASSEN CITY OF SIL ENlD
/ 71' 3 , G`r‘
_ 1
S , (mayor Robert Rascop, Mayor
/(2 ATTEST:
City Manager
_ //
Sandra L. Kennel y, ty Clerk
DEVEW • DI- 1
..i41Vi J ►�� L_ 1
�• E. Sayer
6. ;9
/
Carole A. Sayer
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1 STATE OF MINNESOTA )
) ss
OOUNTY OF HENNEPIN )
II On this day of KIOV i'f? , 1987, before me, a Notary
Public within and or said County, personally appeared
Robert Rascop and Sandra L. Kennelly, to me personally known, who, being
1 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
1 corporation by authority of its City Council, and said Robert Rascop and
Sandra L. Kennelly acknowledged said 'nstrunent to be the free act and
''''t '. .1 :^..■■• I-.t.'. 4 SUSAN H. NtCCU it
. "." NCTARY PUBLIC MINfiESQIA
\, , HENNEPIN COUNTY N tart' Public ''nitcurtyl
`lD M Commission Expires Me . 6, 1990
x y x
1 STATE OF MINNESOTA )
) ss
II ODUNTY OF CARVER. )
On this ;!-;/; day of ,4Pub , 1987, before me, a Notary
Public within and for said County, personally appeared a.o 0 'e / -
111 c ii.k ; t.. in tcti and £.c.a-4u,,,- ct.1,th, , to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor
and City Manager of the municipal corporation named in the foregoing
1 instrument, and that said instrument was signed and sealed in behalf of
said corporation by authority of its City Council, and
said, . g' / ,,, ," and ,- ,..,,Li4. ...c -s,ZA acknowledged said
instrument to be the free act and deed of said corporation.
1
, �i
1 Not ryPbl c 5'
' KAREN J. ENGELHARDT
STATE OF MINNESCrEA ) NOTARY PUBLIC - MINNESOTA
1 �" - CARVER COUNTY
COUNTY OF HENNEPIN
� ss �Y oommlaion expires 10 -16-91
t
1 On thisat3th day of Il011f'Y1b , 1987, before me, within and for
s aid County, personally appeared John E. Sayer and Carole A. Sayer, who
executed the foregoing instrument and acknowledged that they executed the
1 same as their free act and deed.
SUSAN PUBLIC . A. NICCUMINN
i' NOTARY O TA
' •.
HENNEPIN COUNTY No art' Public
My Cemmission Expires Mer. 6, 1990
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AGREEMENT ,
This Agreement, made this day of , 1993, by
and between the City of Shorewood, a Minnesota municipal
corporation ( "Shorewood "), the City of Chanhassen, a Minnesota
municipal corporation, ( "Chanhassen ") and J. Scotty Builders,
Inc., ( "Developer "). '
WHEREAS, the Developer is the owner of certain lands
described in Exhibit 1 attached hereto and made a part hereof,
( "Subject Property "); '
WHEREAS, the Developer has made application to Shorewood for
approval of a subdivision of the Subject Property; 1
WHEREAS, the Developer and Shorewood have requested that
Chanhassen provide sewer and water services to the Subject
Property. Chanhassen has agreed to permit the Subject Property
1
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 Shorewood of the proposed subdivision, Shorewood,
the Developer and Chanhassen agree as follows:
1
1. Services Provided. Sanitary sewer, storm sewer and
water services to the Subject Property shall be provided and
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maintained by Chanhassen, and Chanhassen shall directly bill the
Shorewood residents for the services. Included in the service 1
charges will be a surface water utility fee. 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 Developer shall be responsible for
the construction of all utility lines in accordance with 1
Chanhassen's latest edition of Standard Construction
ATTACHMEMT NO.3
' 03-17.93 14:46 12612 452 5550 CAMPBELL KNUTSON 444 CHAN. CITY HALL [1003 O06
Specifications. The plans and specifications must be reviewed
' and approved by Chanhassen. The Developer shall enter into a
' development contract with Chanhassen and provide the financial
security necessary to guarantee installation of the improvements.
3. Construction and Maintenance. The Developer shall be
responsible for all construction costs incurred in connecting the
' Subject Property with the Chanhassen sewer line. The Developer
shall be responsible for costs of inspection, trunk charges,
sewer availability charges, connection charges, user charges, and
all other charges and fees which are normally associated with
sewer service provided by Chanhassen.
4. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer Ines, water lines, streets,
utilities, public or private improvements, or any buildings until
the Developer's plans for on -site ponding have been approved by
' Chanhassen. Shorewood shall be responsible for the maintenance
1 and dredging of the pond.
5. Park Dedication. Chanhassen will not require a park
' dedication fee on the Subject Property,
6. Street Construction. A new street will be built by
' Developer in a manner consistent with Chanhassen street
standards. The proposed street location is attached as
Exhibit 2. The Developer shall enter into a development contract
with Chanhassen and Shorewood covering all aspects of street
construction as well as drainage improvements for the Subject
Property.
2
7. Public Safety and Emergency Services. Public safety
and emergency services for the Subject Property will continue to
be provided by Shorewood.
8. Assessments. Each of the lots in the Subject Property
shall be considered as benefitting from and subject to all
assessments for improvements which may be made to Koehnen Circle
at any time in the future. The Developer, its successors and
assigns, waives any and all procedural and substantive objections
to be special assessments, including but not limited to hearing
requirements and any claim that the assessments exceed the
benefit to the property. The Developer waives any appeal rights
available pursuant to M.S.A. §429.081. If Chanhassen is unable
1
to assess the Subject Property, or any part thereof, upon
Chanhassen's request, Shorewood shall assess the Subject ,
Property.
9. Snowplowing. Shorewood shall be responsible for
snowplowing Koehnen Circle and the new street.
1
10. Maintenance of New Street. Chanhassen shall maintain
Koehnen Circle and the new utilities serving the Subject '
Property. Shorewood shall maintain the new street. "Maintain"
for purposes of this section means repair and replacement of the
existing surface when necessary, as well as regular upkeep. '
11. Maximum Number of Lots. The maximum number of lots
that may be developed on the Subject Property is five (5). 1
12. Recordation. This Agreement shall be recorded against
the Subject Property.
13. Sunset Provision. If the Developer has not obtained 1
all the necessary plan approvals from Chanhassen within two (2)
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years from the date of this Agreement, this Agreement shall be
null and void.
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
1 By:
Donald J. Chmiel, Mayor
STATE OF MINNESOTA )
ss.
1 COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of 1993, by Donald J. Chmiel, on behalf of
the City of Chanhassen.
Notary Public
Dated: CITY OF CHANHASSEN
1
By:
1 Don Ashworth, City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
1 The foregoing instrument was acknowledged before me this
day of , 1993, by Don Ashworth, on behalf of the
1 City of Chanhassen.
Notary Public
Dated: CITY OF SHOREWOOD
1 By:
, Mayor
' STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
' The foregoing instrument was acknowledged before me this
day of , 1993, by , on
behalf of the City of Shorewood.
1
Notary Public
1 4
1
Dated: CITY OF SHOREWOOD
By: 1
, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1993, by , on
behalf of the City of Shorewood.
Notary Public
Developer: J. Scotty Builders, Inc.
By: 1
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 199, by , on
behalf of J. Scotty Builders, Inc.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 11 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
5 i