1e. Approve Agreement to provide Sanitary Sewer and Water to Lot 1, Block 1, Minnelowa Addition, the City of Shorewood, PWE 285-E 1 1e.
1
C ITYOF ----
i CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM OFFICIAL. ENGINEERING COF','
Received
1 TO: Charles Folch, City Engineer Revision No
Approved by City Engineer
FROM: Dave Hempel, Assistant City Engineer 41 pate , z - /7-93 - -
I DATE: Februa ry 16, 1993 `t Approved by City Council
Ode
1 SUBJ: Approve Agreement to Provide Sanitary Sewer and Water to Lot 1, Block 1,
Minnelowa Addition, The City of Shorewood
File No. PW -285E
1
I The City has been contacted by Mr. and Mrs. Budreau for extension of municipal sewer and
water service from Chanhassen to a lot in the City of Shorewood. The lot is located directly
north of Holly Lane on the west side of Christmas Lake. The applicant has contacted the
I City for municipal sewer and water service due to the fact Shorewood is unable to supply
sewer service due to a conflict with a protected wetland. The applicant has been before the
City of Shorewood City Council and has entered into a sewer and water connection
1 agreement with the City of Shorewood (see Attachment No. 1).
Attached is an agreement prepared by the City's attorney which allows the Budreau property
I 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.
I It is therefore recommended that the City Council approve the attached agreement for
providing Lot 1, Block 1, Minnelowa Addition to be connected to Chanhassen City sewer
and water conditioned upon the property owner entering into the agreement along with the
I City of Shorewood. The applicant shall also be responsible for the City Attorney's fee for
preparation and recording of the agreement document.
1 ktm � .
E r
,/ 1) u
Attachments: 1. Location map. - - ..
III 2. Shorewood water and sewer connection agreement. .f A. l l - 13
.
-, P 7, ' .:... - E.a.
I t0 PRINTED ON RECYCLED PAPER
-;•r ,�: • a'E" � • ° __ ~ „ _ DE
�,:•r.
.41. IEWO al . �� i s ; � 40 — ,__•,,_ :•,•
.0 r - i {V‘ vi., 1 sr' ,
.."1-a.."7-_ , 6, I -.
ET A j II t - KSI I
-L..— \ I _. fiNt.t.... ________ _
��
ID ::::Q1L.
' (ST ALBAN BAYI) +� l
, 7 2)11114 i ia
t oz7.-z7s 411/- / /
L �z , GREENWOOD % , �, I�
I ) gor+ VN ..—......,„ iir.W
. 7 ,' % 1 ..7 _,-i-__.!t- ..-; _fr .. " z _ _ mli, ,,lk‘
I :
L'
/ R_.• nM1 k.: -O i II • f •
1 \ \ 11 1 Fl i'?:.1 N ce.. \
,,,,,, , , ,,,_„... ,4fr ' , -_-.-- --...., '''
'i\� \ ' \rig* , , 07
IT - ' , ' ' 1 \ --, t•
1 ., .. » J ` \ � \ C 1 . ��.. .._. --� .. ----..'"-- H -- . — .. ' '' �-' _--
L_ 'J Y ,, I CHRISTMAS LAIT ! Y / LAK£ T / , /' `� �r �a � / y Q ? L AC -' . / L LAKE-
\ / (/ / i e \ I / y-
ImAc / r I j y it < , .. - = -,.
IIIM, it, .
1 J �• I ! o
IL • I_ , I S CNRIST Vi
i �/ / J i / 1 . ��. � lo pp o i. \
i ,. ,,-., .... ar...:__,
' LILAC I 1 4
-� i i CHANHASSEN
I 11
i
ATTACHMENT # 1 SITE LOCATION
Budreau property - 1030 Holly Lane
II
AGREEMENT
II
THIS AGREEMENT, made this day of , 1993, II
by, between, and among the CITY OF SHOREWOOD, a Minnesota muni- '
cipal corporation ( "Shorewood "), the CITY OF CHANHASSEN, a
Minnesota municipal corporation, ( "Chanhassen ") and PETER BUDREAU
1
and JUDITH BUDREAU, husband and wife ( "Owner ").
WHEREAS, the Owner is purchasing Lot 1, Block 1, MINNELOWA 1
ADDITION, Hennepin County, Shorewood, Minnesota ( "Subject
Property "); I
WHEREAS, the Owner and Shorewood have requested that 1
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. 1
NOW, THEREFORE, in consideration of the foregoing premises
I Shorewood, the Owner and Chanhassen agree as follows:
1. Services Provided. Sanitary sewer and water services
II
to the Subject Property shall be provided by Chanhassen, and
Chanhassen shall directly bill the Owner for user charges. 1
Shorewood agrees to promptly certify the fees as a tax against
the property if the fees are not paid when due. I
2. Permits and Charges. Prior to connecting to Chanhassen 1
sewer and water systems, the Owner shall obtain any necessary
permits from the City. The Owner shall be responsible for paying
II
all applicable sewer and water connection charges, hook -up
II
II
3032 ATTACHMENT #2 02/03/92
II
1
1 charges, inspection charges, meter deposits, and sewer avail-
ability charges.
3. Construction and 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
1 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 parties hereto have caused these
present to be executed on the day and year first above written.
Dated: , 1993. CITY OF CHANHASSEN
BY:
1 Donald J. Chmiel, Mayor
(SEAL)
AND
Don Ashworth, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
1 The foregoing instrument was acknowledged before me this
day of , 1993, 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.
1
Notary Public
1
3032 2 02/03/92
1
II
Dated: , 1993. CITY OF SHOREWOOD II
BY:
II
, Mayor
(SEAL)
AND II
Administrator /Clerk
STATE OF MINNESOTA ) I
) ss.
COUNTY OF HENNEPIN )
II
The foregoing instrument was acknowledged before me this
day of , 1993, by and
I
by , respectively the Mayor and City
Administrator /Clerk the City of Shorewood, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
II
Notary Public r
Dated: , 1993. OWNER:
II
PETER BUDREAU II
JUDY BUDREAU
II
STATE OF MINNESOTA )
II
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
II
day of , 1993, by Peter Budreau and Judy Budreau,
husband and wife.
II
Notary Public
II
DRAFTED BY: II CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: (612) 452 -5000
II
3032 3 02/03/92
II
1
: r , „ _ MAYOR
`� =+iE Barb Brancei
4
` ' °` COUNCIL
Kristi Stover
.
' . c� 5
_; - Rob Daugherty
Daniel Lewis
I - . . IR , CITY OF Bruce Benson
t
��' . SHOREWOOD
,`- 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474-3236
1
28 January 1993
1 -
Pete and Judy Budreau .
I 349 College Avenue
Excelsior, MN 55331
Re: Connection to Chanhassen Water and Sewer Systems
Dear Mr. and Mrs. Budreau:
I I am pleased to advise you that the Shorewood City Council has approved an agreement (a
copy of which is attached) to permit you to connect to the Chanhassen water and sewer
1 systems. You and the property owner should arrange to sign the agreement at our offices.
Once the agreement is signed, you should be free to apply for the necessary permits from
Chanhassen. You must also record a certified copy of the agreement with the Hennepin
1 County Recorder. -
As set forth in the agreement, the City of Shorewood only gives permission subject to
1 Chanhassen's approval.
I If you have any questions relative to this matter, please do not hesitate to contact me.
Sincerely, -
' CITY OF SHOREWOOD
I - ;d 114-4421-+ ,- . _
Bradley J. ielsen
1 Planning Director . - -
cc: Jim Hurm
1 Paul _Krause")
- RECEIVE
FEE 0._
I Cil Y Vr lin....r n..`
A Residential Community on Lake Minnetonka's South Shore
1
WATER AND SEWER CONNECTION AGREEMENT
THIS AGREEMENT, made this 25th day of January, by and between the
Y �'> Y
CITY OF SHOREWOOD, a municipal corporation, (the "City") and Judy and Pete Budreau
1 of 1030 Holly Lane, Shorewood, Minnesota, (the "Applicant ").
WHEREAS, Applicant has an interest in certain real property (the "Subject
Property") located in the City of Shorewood, County of Hennepin, State of Minnesota,
described as:
"Lot 1, Block 1, Minnelowa" 1
r�.
WHEREAS, the City owns a municipal water system which does t,presently serve
the Subject Property; and
WHEREAS, the City owns a municipal sanitary sewer steri'abutting the property,
but connection of the Subject Property to said sewer would working within a
protected wetland; and
WHEREAS, the Applicant desires to interconnect with the Chanhassen Municipal
Water and Sewer Systems and pay to the City of Chanhassen connection charges therefore;
and 1
WHEREAS, the City is willing to permit Applicant to connect to the Chanhassen
Municipal Water and Sewer Systems provided that Applicant agrees to the provisions 1
contained herein.
W THEREFORE, in consideration of the mutual contained covenants herein,
NOW, O , the
parties agree as follows:
1. Applicant shall have the right to interconnect with the Chanhassen Municipal
Water and Sewer Systems and pay to the City of Chanhassen connection charges therefore.
2. All work involved in such interconnection will be done according to City
specifications and under City supervision and all expenses and costs connected therewith will
be paid by Applicant.
3. In the event that City extends the Shorewood municipal water system to serve
the Subject Property at some time in the future, Applicant agrees to pay any assessment in
connection therewith on the same basis as all other properties assessed at that time, and
Applicant herewith specifically agrees to waive any claims or defenses to said assessment
based upon a theory of no benefit because of the water connection allowed herein.
1
1
1
1 4. 1 .s further agreed by and between the parties that this Agreement shall run
with the land a ' shall benefit and be binding upon their respective legal representatives,
successors and a:, ,igns.
5. That the Applicant records this Agreement with the Hennepin County Recorder
or Registrar of Titles within thirty (30) days of Chanhassen's approval of the connection.
1 IN WITNESS HEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
1 CITY ,OF SHOREWOOD
5 r^4 a< , � / 4
1 Applicant Barbara J. Bran e , Mayor
1 tiw\
Owner James . Hurm, City Administrator /Clerk
1
1
1
1
1
1
1
1
1
1
1
1
STATE OF MINNESOTA •
I
SS.
COUNTY OF HENNEPIN
On this day of 199_, before me, a Notary Public within and I
y _, �y
for said County, personally appeared and
to me personally known, who, being each by me
I
duly sworn, did say that they are respectively the and
of the municipal corporation named in the
foregoing instrument, and that said instrument was signed and sealed on behalf of said I
corporation by authority of its City Council, and said and
acknowledged said instrument to be the free act
and deed of said corporation. 1
1
Notary Public
I
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
I
The foregoing instrument was acknowledged before me this day of
, 199_, by
I
Notary Public I
1
STATE OF MINNESOTA 1
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of 1
, 199_, by
1
Notary Public
I
1
u'-`x MAYOR
Barb Brancei
COUNCIL
I _ i K risti Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
1 CITY OF
SHOREWOOD
I 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (612) 474-3236
I MEMORANDUM
I TO: Mayor and City Council
1 FROM: Brad Nielsen
DATE: 23 January 1993 -
I RE: Budreau, Pete and Jud y - Request to Connect to Chanhassen Water and
I Sewer System
FILE NO. Property - 1030 Holly Lane
I In the attached letter (Exhibit A), dated 7 January 1993, Mr. and Mrs. Budreau request
approval to connect their property (see Site Location map - Exhibit B, attached) to the
I Chanhassen sewer and water lines located in Holly Lane. Their statement that the most
buildable portion of the lot is the northwest corner is accurate. Consequently, connection to
the Chanhassen services is considered appropriate and eliminates the need to disturb the
1 wetland.
We currently have no standard agreement with Chanhassen for requests such as these, other
I than they would like to receive the requests officially through the City. For the last request
of this nature, we entered into an agreement with the property owner. - Chanhassen then
approved the connection subject to the terms of the agreement.
•
I A draft agreement for this request is attached as Exhibit C. It is recommended that the
Council authorize the City Administrator and Mayor to execute the agreement to be
1 forwarded to Chanhassen. -
If you have any questions relative to this matter, please call me Monday prior to the meeting.
I cc: Jim Hurm
Tim Keane RECEi JED
Joel Dresel JAN 2 7 1993
Paul Krause
CITY OF CHANHASSEN
1 A Residential Community on Lake Minnetonka's South Shore
1
9 ,„,,,„ , v 7, /193 1
u 6 : Sr0 1J4 -` 511,61g �
1
2 441 , ' - 1 / - 1
a- a 1/04 / -
4 .. /0/0 H/J ? Z4 ,ems a r( GU`s friar, t .-6t 1
_A-u4Art .6-7 a fale- r- el-- I
7 c-614- a4
ga-d 1
.*:
- r. gteLrullan /4 ,d / 1
#0 /
Da/vt Fle ap14( 7cu-a K./La az,vata.44,,
?4 .; tg*a_ce a,ge kotok t -
tkuw 7%6 .J.z;)tx4
-ie 1n -r 1
kkae, -- 1
Exhibit A
APPLICANT'S REOUEST LETTER 1
Dated 7 January 1993
1
I �, a41 fi x /efiA)Q,k .& 6;e6, � s ar
1 a,v,4? -. ei of al,ptAz44. AczNe azce."4,4 - edLad.Z. .41,(4)-e4 0.42A • Pftr4 .eP
1 ciArliez il/4 /eri-Lz. . Zat a.746_ a.ale -- t4.4,
.S'il,,91e4,0_79_&-0( C( 6-c(4-L.c.ti a ..,01-c.c
I . .. ii b41.e. t(414.4 14 li-Pz`b 4,,-,d
1 is - 74a- .64.4, dyo.ttr e ell-c- 24At ez..d
.vr+4 GyLoi tt'L _4 e cato .
1 J a- til-i- Iti-a b()-eZAd ,./LuA.L 6i.
I au-at. - Ae, u aqua. (7L i4 d-
a_ /2,0,&eot ..A.,e ..6evi'lg, Ge-,- 6
1 � � � � , �)a,�,y� tom. gruct 1 -fr-Pv c) t i-,-,9-(4) ...-1L i 9 1 4 7 7 1.) 6
I a. vn a .(it 4 wati.i -1 ( 144m yvwy /inn' -, t-f_e-
1 Aft244Z .,‘Lia./e/ .J., 4tor4 tit.e. -. A.9 .,
601 - tt4)2, G�R ., -ettz J 2vrr / wru y Cd /ve-t 0.1214aO:v'C.
1 ..2•.,e, w-tx,dd hawe . Ae. dug/ a,2e-n-g 7tta, •
w-t9-00? .4-er_e, ar titi., — Mt,* .e.44- ef ttcz,
1 _if ... 4 4 - t . 7A-Z6 040..); ,4-0 o.d-ei8 4 A)-441.1
I if2A - a/g-j tt&-Idit dkvi 6 44 "ttt4.; ..6t.
1 a ��94.v e&ua:9; eka. tit, codParn4 . 7k
1
an, x,-,.0 w�eti eaZm..tt! 7;1,ta, ch amo( due
in ua ads -cca tAai 1
ur.tt2 A'a- u4-Etlank.ez •
}44;Lea fa.4.`
hea4N946;1
/.e.f� u0 R�ta r+-gz Go Goo � . 1
r f�e2aa. Ca.r -{ (' (.iD v f' ygo(
9 ua4c/t 1
adrea.44
a_et,Qa,c4; 1 .5S33/ 1
°171 58 7.
1
1
1
Ai