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a d o p t i o n :
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C I T Y O F M E D I N A
R E S O L U T I O N N O . / - ��
R E S O L U T I O N O R D E R I N G I M P R O V E M E N T O F U N P L A T T E D L A N D
W H E R E A S , a p e t i t i o n w a s f i l e d b y a l l t h e o w n e r s o f t h e
l a n d d e s c r i b e d o n E x h i b i t A , w h i c h i s a t t a c h e d h e r e t o a n d m a d e a
p a r t h e r e o f b y r e f e r e n c e , f o r t h e i m p r o v e m e n t o f s a i d l a n d b y
t h e c o n s t r u c t i o n o f s a n i t a r y s e w e r p u r s u a n t t o M i n n e s o t a S t a t u t e s
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a n d a d d i t i o n s t h e r e t o , f r o m M c C o m b s / K n u t s o n A s s o c i a t e s , I n c . , C i t y
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p a r e d P l a n s a n d S p e c i f i c a t i o n s , a n d a d d i t i o n s t h e r e t o , f o r t h e
m a k i n g o f t h e i m p r o v e m e n t , w h i c h P l a n s a n d S p e c i f i c a t i o n s w h i c h
a r e a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f b y r e f e r e n c e , a r e h e r e b y
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t i s e d , r e c e i v e d , a n d c o n s i d e r e d b y t h e C i t y C o u n c i l ;
N O W , T H E R E F O R E , B e I t R e s o l v e d b y t h e C i t y C o u n c i l o f
t h e C i t y o f M e d i n a , M i n n e s o t a :
1 ) T h e C o u n c i l f i n d s a n d d e t e r m i n e s t h a t s a i d P e t i t i o n
w a s s i g n e d b y a l l o w n e r s o f r e a l p r o p e r t y n a m e d a s
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3 ) T h a t t h e c o s t o f s u c h i m p r o v e m e n t t o b e s p e c i a l l y
a s s e s s e d u p o n t h e d i s t r i c t a f f e c t e d , w i t h o u t
r e g a r d t o c a s h v a l u a t i o n , a s p r o v i d e d b y l a w ,
i s $ 1 3 , 0 0 0 . 0 0 .
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p a s s u p o n s u c h p r o p o s e d a s s e s s m e n t , a n d a t s u c h
t i m e a n d p l a c e , a l l p e r s o n s o w n i n g t h e a f f e c t e d
p r o p e r t y w i l l b e g i v e n a n o p p o r t u n i t y t o b e h e a r d
w i t h r e f e r e n c e t o s u c h a s s e s s m e n t .
5 ) T h e C i t y C o u n c i l d e c l a r e s t h a t a l l p e r s o n s o w n i n g
t h e p r o p e r t y a f f e c t e d b y t h i s i m p r o v e m e n t h a v e r e c e i v e d
a c t u a l n o t i c e o f s a i d h e a r i n g a n d h a v e w a i v e d
t i m e l y p u b l i s h e d a n d m a i l e d n o t i c e o f
City of Medina
Resolution No.
Page two
the said hearing.
6) The City Council finds that the proposed improvement
of unplatted land can be more economically completed
if consolidated and joined as one project with the
Medina Morningside Improvements and the Council
hereby consolidates the said improvement of unplatted
land with the Medina Morningside IMprovements.
Dated: �� - , 1981.
Th. as And son Mayor
ATTEST:�
�7
Donna Roehl, Clerk
The motion for the a o do of the foregoing resolution was duly
seconded by member gretu) and upon roll call, the following
members voted in favor th reof:
and the following voted against same:
Whereupon said Resolution was declared duly passed and adopted.
1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES
TO
That part of the South Half of the Northeast Quarter of Section
28, Township 118 North, Range 23 West of the 5th Principal Meridian,
described as follows:
Commencing at the southwest corner of the East 444.44 feet of the
Southeast Quarter of the Northeast Quarter of Section 28, Township
118, Range 23; thence North along the West line thereof to the South
line of the Plat of Medina-Morningside; thence Westerly along the
South line of said Plat to the Southeast corner of Lot 1, Block
4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West,
a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15
seconds West to the southeast corner of Lot 2, Block 4, said
Plat; thence continuing along the Southerly line of said Block 4,
to the southwest corner of Lot 8, said Block 4, thence Northerly
along the West line of said Lot 8 a distance of 85.08 feet; thence
Northwesterly parallel with the Southwesterly line of Lot 9,
said Block 4 to its intersection with the Northwesterly line of
said Lot 9 extended, thence Northeasterly along said extended line
to the southwest corner of said Lot 9; thence Northwesterly to the
southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition;
thence southwesterly to the most southerly corner of Lot 2, Block
4, Medina Morningside 1st Addition; thence southerly parallel with
and 651.4 feet East from the West line of the Southwest Quarter
of the Northeast Quarter, said Section 28, to the south line
thereof; thence East to beginning.
PETITION FOR LOCAL IMPROVEMENT
October , 1981.
TO THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA:
We, the undersigned owners of all of the real property
described on Exhibit A, petition that such property be improved
by the installation of sanitary sewer, including provision for
e-i-g-ht--f84-9-eWe'—eettne'et-i-®148 --and the extepsion of water service
to the boundary of the property, pursuant to Minnesota Statutes,
Chapter 429.
K-L, a co -partnership consisting of
Fredrick J. Keller and Donald C. Lindvall
By:
�QA Q
drick J. eller, Partner
This Petition was examined, checked and found to be in
proper form and signed by the required property owners of the
property affected by the making of the improvement petitioned
for.
CITY OF MEDINA
By:
Donna Roehl, City Clerk
1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES
TO
That part of the South Half of the Northeast Quarter of Section
28, Township 118 North, Range 23 West of the 5th Principal Meridian,
described as follows:
Commencing at the southwest corner of the East 444.44 feet of the
Southeast Quarter of the Northeast Quarter of Section 28, Township
118, Range 23; thence North along the West line thereof to the South
line of the Plat of Medina-Morningside; thence Westerly along the
South line of said Plat to the Southeast corner of Lot 1, Block
4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West,
a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15
seconds West to the southeast corner of Lot 2, Block 4, said
Plat; thence continuing along the Southerly line of said Block 4,
to the southwest corner of Lot 8, said Block 4, thence Northerly
along the West line of said Lot 8 a distance of 85.08 feet; thence
Northwesterly parallel with the Southwesterly line of Lot 9,
said Block 4 to its intersection with the Northwesterly line of
said Lot 9 extended, thence Northeasterly along said extended line
to the southwest corner of said Lot 9; thence Northwesterly to the
southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition;
thence southwesterly to the most southerly corner of Lot 2, Block
4, Medina Morningside 1st Addition; thence southerly parallel with
and 651.4 feet East from the West line of the Southwest Quarter
of the Northeast Quarter, said Section 28, to the south line
thereof; thence East to beginning.
WAIVER OF APPEAL RIGHTS
FOR LOCAL IMPROVEMENT
October , 1981.
TO THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA:
We, the undersigned owners of all of the real property
described in the PETITION FOR LOCAL IMPROVEMENT which is
attached hereto and made a part hereof by reference, hereby
declare that we have received actual notice of the amount of
the proposed assessment ordered pursuant to said petition,
the time and place at which the. Council will pass upon the
proposed assessment, and all of the matters set forth in the
notice of meeting on the proposed assessment, and do hereby
waive all notices, and the timeliness thereof, under Chapter
429 of Minnesota Statutes, all rights of appeal, including
appeal rights under §429.036, and §429.081 of Minnesota
Statutes, and any other rights whatever, to test the validity
of the assessment made pursuant to the said PETITION FOR LOCAL
IMPROVEMENT, said assessment being in the amount of $13,000.00.
K-L, a co -partnership consisting of
Fr eick J. Keller and Donald C. Lindvall
By:
Fredric 11 er, Partner
DEVELOPMENT CONTRACT
This Contract is made this day of October, 1981,
between K-L, a co -partnership consisting of Fredrick J. Keller
and Donald C. Lindvall, hereinafter called the Developer, and
the City of Medina, Minnesota, hereinafter called the City.
WHEREAS, the City has drawn plans and specifications for
the installation of a sanitary sewer, lift station and necessary
appurtenances, which installation serves as the trunk sewer
ri `ki main for real estate which is described on Exhibit A and attached
� hereto;
NOW, THEREFORE, It Is Agreed between the parties hereto
as follows:
`.
1. The Developers warrant that they are the owners of
the vendees interest in a contract for deed which
is attached hereto as Exhibit A;
The Developer hereby agrees to convey to the City,the
easements which are attached hereto as Exhibit B, and
the Developer further agrees to procure and obtain
conveyance of the easements which are attached hereto
as Exhibit C from the Vendors of the contract for deed
identified as Exhibit AJ.��acpa� o,�o�c,
3. The City agrees to pay $16,000 for the said easements•i
and the Developer agrees that the City may assess
the property described in Exhibit A in the amount
of $13,000 for the public improvements described
above, provided that payments of installments upon
the said assessments so levied shall be deferred
pursuant to resolution of the City Council until the
platting of the property or the construction of
improvements thereon pursuant to resolution of the
City Council and the terms of Minnesota Statute
429.061, Subd. 1, t3;
4. The resolution of the City Council deferring payment
of the assessments notwithstanding, the Developer agrees
to pay all or a proportional part of the said assessment
to the City, upon any sale, transfer, conveyance,
forfeiture, lapse, contract for deed cancellation, or
any other transfer whatever, of the described real
estate or part thereof, provided, that if such payment
or proportional part thereof remains unpaid thirty
(30) days after lawful demand therefor, the City may,
without limitations on its options for relief, declare
the full amount of the assessment due and payable
immediately and direct the County Auditor to collect
such assessment in one installment, pursuant to
Minnesota Statutes 429.061.
5. The improvements described herein include the following:
a. The City agrees to extend a water main southerly
from its present terminus in Elsinore Circle West,
to the developer's North property line,and at such time as
development is permitted, to extend water service to
the Developer's property as described in paragraph 5
of the said easement documents, upon such terms and
conditions as required by the ordinances and utilities
policies of the City of Medina which prevail at the
time of the extension of the water main;
:all c' itary
r•^+-� •�pClf7T1 a'F L�f� }'1 t7�}'�
De d er
gravity line which commences a6 6he- i-ntar ee- ion
o€ the s-er`ro-r-ci�Y=yperty1—
southeT ly te-rx►-intts of gIzinore Ci c e----Weat-- and
t ntified on the
At such time as
sanitary sewer service is available to the
Developer's property ` connections will be made
on the terms and conditions then prevailing
under the ordinances and public utilities
policies of the City of Medina.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the dates indicated below.
Dated:
, 1981. K-L, a co -partnership consisting of
FredC
J. Keller and Donald C. Lindvall
Dated: /d/.2 , 1981.
By:
J. l��
Fredric l�r, rtner
CITY OF ME
By: C/4 ��/CL��
Its C.Cc2
1. MEMORANDUM ABSTRACT OF OWNERS AND ENCUMBRANCES
TO
That part of the South Half of the Northeast Quarter of Section
28, Township 118 North, Range 23 West of the 5th Principal Meridian,
described as follows:
Commencing at the southwest corner of the East 444.44 feet of the
Southeast Quarter of the Northeast Quarter of Section 28, Township
118, Range 23; thence North along the West line thereof to the South
line of the Plat of Medina-Morningside; thence Westerly along the
South line of said Plat to the Southeast corner of Lot 1, Block
4, said Plat; thence South 0 degrees, 02 minutes, 30 seconds West,
a distance of 71.13 feet; thence North 89 degrees, 51 minutes, 15
seconds West to the southeast corner of Lot 2, Block 4, said
Plat; thence continuing along the Southerly line of said Block 4,
to the southwest corner of Lot 8, said Block 4, thence Northerly
along the West line of said Lot 8 a distance of 85.08 feet; thence
Northwesterly parallel with the Southwesterly line of Lot 9,
said Block 4 to its intersection with the Northwesterly line of
said Lot 9 extended, thence Northeasterly along said extended line
to the southwest corner of said Lot 9; thence Northwesterly to the
southwest corner of Lot 1, Block 4, Medina Morningside 1st Addition;
thence southwesterly to the most southerly corner of Lot 2, Block
4, Medina Morningside 1st Addition; thence southerly parallel with
and 651.4 feet East from the West line of the Southwest Quarter
of the Northeast Quarter, said Section 28, to the south line
thereof; thence East to beginning.