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HomeMy Public PortalAbout1976-015Member Arthur Theis and moved its adoption: introduced the following resolution RESOLUTION NO7h� RESOLUTION APPROVING SCHERER-HEIDEMAN DEVELOPMENT AGREEMENT AND COVENANTS WHEREAS, Harvey B. Scherer, Lucille A. Scherer and Anne M. Heideman have proposed certain land divisions and housing construction which may be served by a private driveway; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the Development Agreement and Covenants which are attached hereto and made a part hereof are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said Agreement, subject to the payment by the Applicants above named, of the legal expenses incurred by the City in preparing said Agreement, in the amount of $46.66. Dated: April 6, 1976 ATTEST: Clerk °Mayor The motion for the adoption of the foregoing resolution was duly seconded by member 71nna.lr3 nP4LauriPrq and upon vote being taken thereon, the following voted in favor of: Th,eis p s14.uriers, Neddermeye Franklin, Reiser and the to_lowing vote agains $e same: None whereupon said resolution was declared duly passed and adopted. DEVELOPMENT AGREEIVIEN l' AND COVL'1` AN ''", THIS AGREEMENT is made this day of ar.e& between the CITY OF MEDINA, Hennepin County, Minnesota, a municipal corporation, hereinafter called CITY, and HARVEY B. SCHERER and LUCILLE A. SCHERER, husband and wife, and ANNE M. HEIDEMAN, an unmarried person, hereinafter referred to as OWNERS. WHEREAS, the OWNERS have an interest as Fee Owner and Earnest Money Contract Vendee, respectively, in the real estate describe on the attached Exhibit A; and WHEREAS, the OWNERS intend to construct a number of single family dwellings and other accessory buildings upon the said property, said dwellings to be served by a private driveway constructed upon a 60 ft. easement, the locations and timing of the dwelling units and ease- ment to be determined in the future; and WHEREAS, the construction of more than one dwelling unit upon a private driveway requires approval of the City of Medina; NOW THEREFORE, the OWNERS hereby declare that the real estate described in Exhibit A shall be held subject to the following covenants which shall run with the land and be binding upon the owners, their heirs, successors and assigns, and shall enure to the benefit of the City of Medina and each of the owners herein named. The CITY contracts with the OWNERS and the OWNERS covenant and agree among' themselves and contract with the CITY that the OWNERS shall construct a driveway upon said easement, said driveway to serve the dwellings proposed to be constructed upon the property des- cribed in Exhibit A, and to serve the incidental agricultural uses of properties abutting on said driveway and easement. Subject to the exceptions hereinafter noted, said driveway shall be constructed in accordance with the CITY Platting Code and the CITY Specifications for Road Construction as the same is applicable to cul-de-sac streets, all subject to the approval of the City Engineer. Road drainage questions, removal of organic materials from the roadbed, and other construction matters shall be subject to the approval of the City Engineer. The site location of the upgraded driveway shall be subject to the approval of the Zoning Administrator. EXCEPTION: City Specifications relative to the width, type and quality of the grading, base and surfacing of said driveway shall not be controling but shall be within the sole discretion of the OWNERS. All costs of the construction of said driveway, including surveys, staking, materials, labor and engineering fees shall be borne by the OWNERS as they among themselves may determine. Unless and until said driveway is upgraded to City Standards for grading, base and surfacing and dedi- cated to the public, all maintenance shall be performed and all costs of maintenance, including snow removal, grading, gravel, culvert repair and other matters shall be borne by the OWNERS as they may among themselves determine. DRIVEWAY UPGRADING: At such time as any portion of said driveway shall serve more than two dwelling units, as the same are defined in the Medina Zoning Code, that portion of said driveway serving more than two dwelling units, shall be upgraded to the then existing City Standard for cul-de-sac streets and dedicated to the public; provided however, that the requirement of placing blacktop on the upgraded street shall be waived upon one or both of the following conditions: (1) as long as the upgraded street serves no more than 5-dwelling units; (2 ) as long as the property described in Exhibit A is not subdivided into any tract of less than 5 acres. Upon the occurrence of either or both con- ditions, blacktop shall be applied to the street in accordance with the then existing City Standards. Upon the occurrence of said condition and upgrading and dedication the CITY shall, at its own expense, maintain said upgraded street to a standard equal to a condition in which the road was received upon .dedication. COST OF UPGRADING: The cost of grading, base and surfacing according5 to City Standards, including the eventual cost of the blacktop surface of the upgraded street shall be borne by the owners, their heirs and assigns, as they among themselves may determine. No building permit for any dwelling unit shall be issued upon any land subject to this Agreement, unless the OWNERS, their heirs, or assigns have complied with all applicable provisions of this contract, IN WITNESS WHEREOF, the parties hereto have set their hands this day of 7/747 , 1976. THE CITY, OF MEDINA ATTEST: Y,v. 4,41 Wayne l eddermeyer, . Mayo OWNERS: . SCHERER c. LUCILLE A. SCHERER ANNE M. HEIDEMAN •124. Donna Roehl, City; Clerk ro h STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. On this day of /./ii fit:. , 1976, before me, a Notary Public, ' within ''and for said County, personally appeared Wayne Nedder- meyer and Donna Rohel, to me personally known, who, being each by me 'duly sworn, did say that they are respectively the Mayor and Clerk of the City of Medina, a Municipal Corporation, named in the foregoing instrument, and the said Wayne Neddermeyer and Donna Rohel acknow- ledged that they executed the same as Mayor and Clerk, respectively, of the City of Medina, for and in its behalf. _� ��� Nor Rye�RT STATE OF MINNESOTA) •'''�••�,•` ": om� ��N@ oUN NFSOrq i SS . ...�.. ' °°� COUNTY OF HENNEPIN) ~'' „ 19jQ / The foregoing instrument as acknowledged before me this 5") day of , 1976, by Harvey B. Scherer and Lucille A. Scherer, No . P , ,� , Jt�"► 44-4_ Cep a�usue- N./v �/a v re` I f 7 8 STATE OF MINNE SOTA ) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1976, by Anne M. Heideman. , Exhibit A The Northwest Quarter of the Southeast Quarter of Section 22, Township 118 North, Range 23, except the East 984 feet of the North 660 feet' thereof.