HomeMy Public PortalAbout1984-061Member 5 eiLimm- introduced the following resolution and moved
its adoption:
CITY OF MEDINA
RESOLUTION NO. D 4 - 6 /
RESOLUTION ACCEPTING CHEYENNE TRAIL AS A PUBLIC ROAD
WHEREAS, on February 29, 1980, Lawrence T. Demeules, and
others, received approval for the division of certain real es-
tate and entered into a DEVELOPMENT AGREEMENT AND COVENANT for
the making of improvements thereon including the construction
of a public road in accordance with CITY STANDARDS FOR ROAD
CONSTRUCTION; and
WHEREAS, certain litigation arose, to wit: Plehal Black -
topping, Inc. v. Metro Contracting, Inc., et al, Hennepin County
District Court File No. 796029, in which the City became a third -
party defendant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA:
1. That Cheyenne Trail shall be accepted as a public road upon
the completion of the following improvements and undertak-
ings by Lawrence T. Demueles.
2. The boulevards of Cheyenne Trail shall be raised and graded
to provide proper water drainage over the curb as in the
City's typical Urban Section, as provided by the report of
McCombs, Knutson & Associates, Inc., dated January 9, 1980.
3. All loose rocks shall be removed from the boulevard area.
4. The bird baths located in the earth behind the catch basins
shall be filled and properly graded to establish positive
drainage to the catch basis.
5. An as -built record plan of the project shall be provided to
the City Clerk/Treasurer.
6. All drain tile installed by Mr. Demueles and the drain tile
line installed by others which drains to Holy Name Lake shall
be located by Mr. Demueles, legal descriptions drawn, and
drainage easements conveyed to the City of Medina.
7. James Orr, P.E., or other suitable engineer shall provide a
certification to the City of Medina that all repaired por-
tions of Cheyenne Trail meet or exceed the requirements of
the original specifications for the construction of the said
road and that, based on the information and data provided to
him, all unrepaired areas meet the requirements of the said
specifications.
8. Mr. Demueles shall furnish to the City a Financial Guarantee
to ensure the performance of the conditions of approval and
for the purpose of correcting and repairing any damage to
said road caused as a result of, or in any way related to
defects in the construction of the said Cheyenne Trail. The
Financial Guarantee shall be in a form acceptable to the City
Attorney, and may be a cash escrow, letter of credit drawn on
a commercial bank, or a bond issued by an approved corporate
surety licensed to do business in the State of Minnesota.
The Financial Guarantee shall be in the amount of $15,000.00
and shall be established, renewed or extended to the full
amount of $15,000.00 in each of the next four calendar years.
In the event construction is completed on eighty percent (80%)
of the dwelling units permitted on the lots served by Cheyenne
Trail, prior to the end of the four (4) year period, the Fi-
nancial Guarantee shall be released immediately upon the com-
pletion of that construction. If two or more lots are purchased
for the construction of a single dwelling unit, the said com-
bined lots shall count as a single dwelling unit for purpose
of this calculation.
In the event the City claims a defect, damage or lack of per-
formance on the part of Mr. Demueles for which a portion of
the bond is to be used, the City shall first give Mr. Demueles
thirty (30) day's notice in writing describing the defects in
detail and shall provide timely opportunity for Mr. Demueles
to make any necessary repairs or corrections.
9. The requirements of the conditions of approval set forth
hereunder shall be completed on or before September 10, 1984.
DATED:
ATTEST:
a,
e / 1984.
c/J
Donna Roehl, Clerk
The motion for the aoption of the foregoing resolution was duly
seconded by member tipioie.inetn and, upon vote being taken there-
on, the fol owing voted in favor thereof: ` eve-c-�, %le rc/Q ern, (seosbyi
.�clus�n /e/w and the following voted against same:
,4-;?
Whereupon said resolution was declared duly passed and adopted.
Lawrence T. Demeules hereby agrees to install the improve-
ments and perform the undertakings set forth in numbered para-
graphs 2 through 9, inclusive of this Rese tion.
awrence eules