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HomeMy WebLinkAbout201806290910565871111111111111111111111 1111111111111Doc No A10566759 Certified, filed and/or recorded on Jun 28, 2018 11:24 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 117 Attested Copy or Duplicate Original Document Recording Fee Total This cover sheet is now a permanent part of the recorded document. Pkg I D 1705871 C $2.00 RESOLUTION OF THE CITY COUNCIL A RESOLUTION VACATING A PORTION OF BRACKETT'S POINT ROAD AND SANITARY SEWER EASEMENT 6878945 HENNEPIN COUNTY, ME+NESOTA FILE NO. 1&3998 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on December 13, 2017, James R. and Mary Joann Jundt, husband and wife ("Applicant[s]"), applied for a street and sanitary sewer easement vacation adjacent to their property legally described in Exhibit A, (hereinafter the "Property"); WHEREAS, on February 20th, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20th, 2018, the Planning Commission recommended approval of the street and easement vacation; and WHEREAS, on February 26, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The roadway in question will be relocated to the center of the peninsula, preserving access to the properties in the area while removing hardcover from the lake shore. 2. The easement in question covers an existing sanitary sewer trunk line which will be demolished and abandoned and replaced along the newly relocated Bracketts Point Road. 3. The City Council finds that the existing Road right of way and Utility Easement has no apparent present or future benefit to the public when Page 1 of 6 RESOLUTION OF THE CITY COUNCIL N1 6836 it will be relocated within the peninsula. 4. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not be affected by the vacation of the Road and Utilities easement and no adjacent or nearby properties will have their access limited by it. b) With the relocation, the City does not intend to develop, improve, or use the existing Easement or right of way area as a road or for utilities. c) With the relocation, the unimproved Easement area as it exists serves no public purpose. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the Road and Utilities Easement as illustrated in Exhibit C and legally described in Exhibit B is hereby granted by the City Council of the City of Orono on this 26t' day A February, 2018. ATTEST: Anna Carlson, City Cierk Dennis Walsh, Mayor Page 2 of 6 RESOLUTION OF THE CITY COUNCIL Exhibt A Legal description of property Lots 5 and 63 Rearrangement of Orono Point; Also, that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly of the following described line: Commencing at a point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot 5, Rearrangement of Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet, thence southwesterly tangent to said last described curve a distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of Lake Minnetonka and there terminating; subject to Boarder Avenue as opened by Document No. 2092886, Hennepin County, Minnesota. Also, that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line A Lot 4, said Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest corner of said Lot 4; also that part of the westerly half of vacated Center Avenue lying southerly of said above described perpendicular line; and also that part of the westerly half of vacated Center Avenue lying northerly of the westerly extension of the northerly line of said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly line of said vacated Center Avenue from the point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line; Commencing at a point in the centerline of said Center Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there ending, Hennepin County, Minnesota. Also, that part of vacated Boarder Avenue as laid out and dedicated over and across part of Lot 9 in said Rearrangement of Orono Point which lies between the westerly line of said Center Avenue and a line drawn across said Border Avenue at right angles to the side lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue with aline described as follows: Beginning at a point in the centerline of said Center Avenue distant 588.95 feet northerly of the northwest corner of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to last said curve a distance of 107.30 feet; thence southwesterly along a tangential curve to the left with a radius of 56 feet a distance of 19.7 feet; thence southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5 feet; Page 3 of 6 RESOLUTION OF THE CITY COUNCIL thence southerly on a tangential curve to the left with a radius of 78.1 feet to its intersection with the centerline of said Border Avenue, and said line there ending, Hennepin County, Minnesota. Page4of6 RESOLUTION OF THE CITY COUNCIL NO. 6 8 Exhibit B Legal Description of vacated area 1. That part of Border Avenue (now known as Bracketts Point Road) as dedicated to the public in the plat of Rearrangement of Orono Point, not previously vacated by Document No. 9032750 (City of Orono Resolution No. 5651) and previously vacated by Document No. 2092886a 2. Also, that part of Border Avenue (now known as Bracketts Point Road) created by Document No. 2092886 which lies westerly of the westerly right-of-wayline of Center Avenue (now known as Bracketts Point Road) as shown on the plat of Rearrangement of Orono Point. 3. Bracketts Point Road as shown and dedicated in the plat of Bracketts Point 2°d Addition. 4. Those parts of Outlots A & B, BRACKETTS POINT 2ND ADDITION which lie westerly of the following described line: Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from the most westerly corner of said Outlot A; thence southeasterly to a point on the Southwesterly line of said Outlot B, said point being the northerly point of the 58.76 foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with Lake Nh metonka, and said line there ending. Page 5 of 6 RESOLUTION OF THE CITY COUNCIL NO. b 8 3 6 Exhibit C Illustration of vacated area Page6of6 sl BE'tJ's aG90 l� uE LAKE MINNETONKA SMITHS BAY SOUTriWAYS SKETCH OF EASEMENT TO BE VACATED FOR JAMES & MARY JUNDT IN LOTS 5, 6, 9 AND 10, AND VACATED BORDER AVE, AND CENTER AVENUE REARRANGEMENT OF ORONO POINT HENNEPIN COUNTY, MINNESOTA nOTC Tt< sm :or/ sc+. r ;:ment oa emenl Psr doe no. CBJB9C5 is pout' wrillen m_ ery sdea eel_8sn_ � r sore. 1) LMe A commlenceo of the rs of ' c:tet:' a Pcnl Rood and the so�lha•ly lot '". It th_n goal Nr th JJ engross 59 ffimilas 58 r Bonds Wcl o .+9ed beene Cot does t stole Gary o�dBro tat' o Pol,tnRa In os theointe dedhF.e Iv htM Scmlewdtiia b+ainy. r o m 2) Lmss B aso C ure ca ing of Ina rrosl nalhWostercy comat bI hs pr NIy which rs very q cra. We helve ed oollt rthot csl is IF isl4y ae cr era: Tecc , a dso huo lhe'aumr p.o4em of not dating Which rrc the el.vrrcd Lecrhrp is wnq. Slnc�')lysi itvy ra of Ts Fen] rvWCG.ed it wo{,9 4 bcit to vcaie al cf the eo cIktw av d- no. 65)8995 or4 veole n oazarents on the Ina p'-nt thcl mafcc. the relocatoa ocwv inc. ' ?v' hC�[t LAKE G L)*Tm N E pwo MINNETONKA BROIYNS BAY L07 2 1 v . d � 61aaeP p07Lt11 PC,� 1 h PROJECT � yGRONBERG &ASSOCIATES, INC.I T- - - _ -�_ -- bvs �fIN+ sale of Wws tel�e W =yd � qw ]-l9-teU /) � CIVIL ERCIANEFLS. LIND 9URYGTUti, LAN➢ PL9NNLRJ �-i �� Y uen+l' `Y+� m r{.r.n 1> 1��'F{\YID/- �5 hRin gLlgk' (YL'iE I.gIC IAeC, VN 95!56 Doc No A10566IOU Certified, filed and/or recorded on Jun 28, 2018 11:24 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 117 Attested Copy or Duplicate Original Document Recording Fee Total This cover sheet is now a permanent part of the recorded document. Pkg I D 1705871 C (resen�d jar recording information/ i DEVELOPMENT CONTRACT (Developer Installed Improvements) P'POJECTNO. I8-3948 This �3EVELOP1t�ENT CONTRACT ("Contract") dated J �! H e � (, 2O(�j , 2018, is by and between the CITY OF ORON®, a Minnesota municipal corporation ("City"); and JAIVIES R. JUNI3T ANi? IYIADY JOAWN JUXTnT, husband and wife ("Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "SOUTH'JVr3.XS" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat ("Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on the attached Exhibit A, 24 CQNDITIzONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the County Recorder in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions 1 Southways V3 precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 160 days after the City Council approves the final Plat. 3. I2IGIIT TD PROCEELIa Within the Land, the Developer may not grade or otherwise disturb the earth, consfruct sewer lines, water lines, streets, utilities, public or private improvements until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" (defined below) has been received by the City, and 3) the Plat has been duly recorded in the office of said County Recorder. 4. PHASED I]EVELOPl'viEl`�11T. N/A 5. PRELIMII'�lARY PLAT STr4iTU5. N/A 6. CHANGES Ilvl OFFICIAL CONTR®LS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan; or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, nottivithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the Ciiy may require compliance with any amendments to the City's Comprehensive PIan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT FLANS. The Land shall be developed in accordance with the follo,A ing plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: 2 Southways V3 Plan A — Plat of Southways Plan B — Grading, Drainage, and Erosion Control Plan Plan C —Landscape Plan Plan D — SWPPP Plan Plan E —Conservation Design Report and Master Plan Plan F —Tree Preservation Plan Plan G —Street and Utility Plan Plan H — Stormwater Maintenance Plan 8. IlVIPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"}: A. Site Grading, Ponding, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Stormwater Management Facilities E. Sanitary Sewer System F. Streets G. Concrete Curb and Gutter H. Underground Utilities I. Retaining Walls The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been 3 Southways V3 prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule apre-construction meeting at a mutually agreeable time at the Ciiy Council chambers with all parties concerned, including the Ciiy staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. Developer will install any required sidewalks and trails just prior to the installation of the final lift of asphalt. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the fmal placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: Southways V3 • Hennepin County for County Road Access and Work in County Rights -of - Way • DNR for Dewatering • City of Orono for Building Permits • Minnehaha Creek Watershed District for erosion control permit and storm water management permit • NPDES Permits (National Pollutant Discharge Elimination Systems) issued by MPCA 1L DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly Followed. 12. TIlV4E OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2019, with the exception of the fmal wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the "security" to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. southways V3 14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution prevention plan, and the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Landis in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Land shall be graded in accordance with the approved grading, drainage, and erosion control plan, Plan "B". The plan shall conform to City of Orono specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, Southways V3 swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the Ciiy Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland gation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA�HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall comply with all recommendations of the City staff and City Engineer regarding site cleanup and restoration, including but not limited to contaminated soil removal, junk and debris removal, etc. Also, prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSffiP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property .without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City 7 Southways V3 engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. Contemporaneously with the execution of this Contract, the Developer shall deposit $10,000 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has inctuzed or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Coniract, if compliance with the terms of this Contract are not accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the Southways V3 eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. H 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 19 STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for three new two -acre lots at $4,030.00 per lot. $4,030.00 per acre per lot x 3 lots = (4,030 x 2 x 3) _ $24,180.00 20. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement for the City of Orono. Because the value of each newly created lot in the Plat will be in excess of the threshold value of $69,375.00, the eight percent (8%) park fee cap of $5,550.00 per lot will apply; therefore, the Park Dedication Fee is calculated as follows: 3 lots x $5,550.00 per lot = $16,650.00 21. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. Developer shall post a $69,277.00 landscaping securiiy at the time of final Plat approval to ensure that the landscaping is installed win accordance with the approved Plan. 22. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in (1) Resolution No. 6835 approving the Preliminary Plat for Southways File No. 18-3998, adopted Southways V3 by the Orono City Council on February 26, 2018; and (2) Resolution No. I approving the Final Plat for Southways, adopted by the Orono City Council mJJKC , 2018. B. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. C. The Plat shall adhere to the purpose and intent of the Orono Communiiy Management Plan, as amended. D. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. E. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the Land with all property corner monumentation of the Land in place and marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the survey. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. F. The Developer shall provide the city engineer record constructor drawings. The ciiy will upgrade its base map information relative to the project. Costs incurred - will be billed to the developer. G. The Developer shall submit the final Plat in electronic format. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1" = 200'. Southways V3 H. The Developer shall relocate the public street and public utilities as depicted on the Plat. The cost of relocation and the cost of installation of the liftstation is the Developer's responsibility. The city will provide the plans and specifications of the liftstation0 wish the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The following is a summary of the security requirements due under this Contract, which must be in place at the time of fmal plat approval: Category.`.; Bid Amount - - : Notes' ..I-. Landscaping $ 461185.00 $ 69,277050 Common Excavating $ 981600.00 $ 147,900600 Sanitary Sewer $ 129,350800 $ 194,025.00 Includes removal/ filling of old sewer Storm Sewer $ 28,750.00 $E279J750000 25500 Street $ 186,500.00 $ Includes CI5 and old road removal Includes rock Ent, traffic control, and Erosion Control $ 33,500.00 $ 501250.00 mob Lift Station $ 1501000.00 $ 225,000.00 Engineers estimate Total $ 11009,327.50 The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been 11 Southways V3 satisfied. Ten percent (10w) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all fmancial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 24. SITIVIlVIARY OF CASH REQITiREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval and execution of this Contract by the City: Engineering, Ciiy Administration (escrow) $ 2,500.00 Park Dedication Fee 16,650.00 Storm Water and Drainage Trunk Fee 24,180.00 Total Cash Requirements & Fees $43 330.00 25. WAItRAN'TY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utiliiies is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the fmal wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first 12 Southways V3 occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 26. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Hennepin County Environmental Services and Mnnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspeciing development of the Land. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attomeys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not 13 South«�ays V3 paid on time, the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which Ciiy acts as agent may be imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and building permit fees. 27. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work,. the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 28. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 14 Southways V3 e this Contract. B. Third parties shall have no recourse against the City or Developer under C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building permits. F. If building permits are issued prior to the compleiion of all Improvemenis, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits maybe issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. G. The action or inaction of the City shall not constitute a Nit or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form Southways V3 15 attached hereto, from all parties who have an interest in the Land, that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the Ciiy, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as maybe deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. K. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed Southways V3 before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. M. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. 29. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: James and Mary Jundt, C/O Brian Benson, 201 East Lake 5t. Wayzata, MN. 55391. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. 17 Southways V3 CITY OF ORONO By: (SEAL) By: STATE OF NLQ�]NESOTA ) (ss. COUNTY OF HENNEPIN ) Dennis Walsh, Mayor The foregoing instrument was acknowledged before me this day of 2018 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City A,dmi trator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted y its City Council Maria Carlson My pomm �n tto • Minnesota xplres 01/31/2p�p m Southways V3 DEVELOPER: Ja es R. Jundt Maiy . JiVdt STATE OF ARIZONA ) (ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of Wt, 2018, by James R. Jundt and Mary J. Jundt, husband and wife. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 ABS Kazan AtrnaliM Notary Public ricopa County, Arizona Commission Expires 07-10"2020 19 Southways V3 Exhibit A Lots 5 and 6, Rearrangement of Orono Point; Oulu part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly of the following described line: Commencing at a point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot 5, Rearrangement of Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet, thence southwesterly tangent to said last described curve a distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance. of 79.3 feet to the shore of Lake Minnetonka and there terminating; subject to Boarder Avenue as opened by Document No. 2092886, Hennepin County, Minnesota. Also, that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest corner of said Lot 4; also that part of the westerly half of vacated Center Avenue lying southerly of said above described perpendicular line; and also that part of the westerly half of vacated Center Avenue lying northerly of the westerly extension of the northerly line of said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly line of said vacated Center Avenue from the point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line; Commencing at a point in the centerline of said Center Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there ending, Hennepin County, Minnesota. Also, that part of vacated Boarder Avenue as laid out and dedicated over and across part of Lot 9 in said Rearrangement of Orono Point which lies between the westerly line of said Center Avenue and a line drawn across said Border Avenue at right angles to the side lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue with a line described as follows: Beginning at a point in the centerline of said Center Avenue distant 588.95 feet northerly of the northwest corner of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly Southways V3 tangent to last said curve a distance of 101.30 feet; thence southwesterly along a tangential curve to the left with a radius of 56 feet a distance of 19.7 feet; thence southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5 feet; thence southerly on a tangential curve to the left with a radius of 78.1 feet to its intersection with the centerline of said Border Avenue, and said line there ending, Hennepin County, Minnesota. 21 Soufliways V3 Doc No A10566761 Certified, filed and/or recorded on Jun 28, 2018 11:24 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 117 Attested Copy or Duplicate Original Document Recording Fee Total This cover sheet is now a permanent part of the recorded document. P kg I D 1705871 C $2.00 $46.00 Wells Fargo Bank, National Association, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in fiill force and effect even if it forecloses on its mortgage. Dated this day of �L--4�4z� STATE OF MINNESOTA ) )ss. COUNTY OF tO'' ) 2018. Wells Fargo Banlc, National Association I: The foregouig uistrument was acla�owledged before me thus � day of 2018, by ��� J DS ci o 'b the of Wells Fargo Bank, National Association, on its behalf. Notary Public DRAFTED BY: CANIPBCLL ICNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Sagan, MN 55121 Telephone: (651) 452-5000 ABS '�'�'' �- OONNA MARIE REID r ?: vf�' . � ; NOTARY PUBLIC • MINNESOTA IdYCOMMISSION EXPIRES010/21 196817v1 CONSENT TO PLAT Wells Fargo Banlc, National Association, a national banlung association, Mortgagee and holder of the following Mortgage: Amended and Restated Mortgage dated February 5, 2016, executed by James R. Jundt and Mary Joann Jundt, as Mortgagor, for the benefit of Mortgagee, and recorded in the Office of the County Recorder, Hennepin County, Minnesota on February 29, 2016, as Document No. A10290073, amended by that certain First Amendment to Amended and Restated Mortgage dated September 14, 2017, recorded in the Office of the County Recorder on December 11, 2017, as Document No. A10508569, and as amended by that certain Second Amendment to Amended and Restated Mortgage dated May 22, 2018, recorded in the Office of the Cotulty Recorder, Hennepin County, Minmesota on May 31, 2018, as Document No. A10557817. The Mortgage encumbers certain real property legally described therein including specifically the following real property located in the County of Hennepin, State of Minnesota ("Property"), legally described as follows: Lots 5 and 6, Rearrangement of Orono Point; Also: that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly of the following described line: Commencing at a point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot 5, Rearrangement of Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to said last described curve a distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of Lake Minnetonka and there terminating; subject to Border Avenue as opened by Document No. 2092886; Also that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest corner of said Lot 4; also that part of the westerly half of vacated Center Avenue lying southerly of said above described perpendicular line, and also that part of the westerly half of vacated Center Avenue lying northerly of the westerly extension of the 1 DMNORTH #6500554 vl northerly line of said Lot 4.and lying southerly of a line drawn easterly at right angles to the westerly line of said vacated Center Avenue from the point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line: Commencing at a point in the centerline of said Center Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there ending. Also That part of vacated. Border Avenue as laid out and dedicated over and across part of Lot 9 in said Rearrangement of Orono Point which lies between the westerly line of said Center Avenue and a line drawn across said Border Avenue at right angles to the side lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue with a line described as follows: Beginning at a point in the centerline of said Center Avenue distant 588.95 feet northerly of the northwest corner of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to last said curve a distance of 107.30 feet; thence southwesterly along a tangential curve to the left with a radius of 56 feet a distance of 19.7 feet: thence southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7 feet a distance of 53.9; thence southerly tangent to last described curve a distance 20.5 feet; thence southerly on a tangential curve to the left with a radius of 78.1 feet to its intersection with the centerline of said Border Avenue, and said line there ending. (Abstract Property) The undersigned hereby consents to the malting and filing of the plat Southways (attached hereto as Exhibit A) and hereby joins in and agrees that its interest as Mortgagee in the Property is subject to easements and dedications set forth in the plat Southways as recorded in the office of the County Recorder, Hennepin County, Minnesota. 2 DMNORTH #6500554 vl E d E v z z H K 5 w E E o = _ 0w >$� Z _ on a ME uK n'uv Aa Eii=o rno _ a mC�mym aZ;�3v�i ; a. 3 E a m u Z ' x c M y U a- c _ E�utoO 0 ° E E -E -E E 08:s OW m9 cc �H�H$m °ac m E E a E9 a ECM 0 Eck Zan c ma an � aL I O2M a ° amomccn ce 0 z uE o_ a N oc man �a =y E nor W �NI U O E I ucg?acm DIo s�mn0c oay 5cicZ - .a E 2noc CL N c Na0 mZ. L%M X m 0co ';mE s � �O ZE 0,3 z n E -nE�00 o ='c p.E 6 �vo�ctz- LLOa z� 3a < LL Z� ev--z2 I o� yya z� NVAn E� o}} O' 0� 6Ev- a. 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