Loading...
12-011CITY OF SHOREWOOD RESOLUTION NO. 12 -011 A RESOLUTION APPROVING A SUBDIVISION AND COMBINATION OF REAL PROPERTY AND LOT WIDTH AND AREA VARIANCES FOR MICHAEL AND ELIZABETH CANNON WHEREAS, Michael and Elizabeth Cannon (Applicants) have an interest in certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real property into two parcels legally described in Exhibit B, attached hereto and made a part hereof, and WHEREAS, the Applicants have agreed to grant to the City drainage and utility easements as provided in Exhibits C and D, attached hereto and made a part hereof, and WHEREAS, the Applicants have agreed to grant to the City 17 feet of road right -of -way as provided in Exhibit E, attached hereto and made a part hereof; and WHEREAS, the Applicants propose to establish a shared private driveway agreement as provided for in Exhibit F, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for variances for lot width and area on the two proposed lots; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 31 January 2012, a copy of which is on file at the Shorewood City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 8 February 2012, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 27 February 2012, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff, and follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as FINDINGS OF FACT 1. The northerly lot currently contains 37,472 square feet of land, is 98.5 feet in width and is located in an R -lA /S, Single - Family Residential /Shoreland zoning district. 2. The southerly lot currently contains 40,633 square feet of land, is 71 feet in width and is located in an R -IA /S, Single - Family Residential/Shoreland zoning district. 3. The proposed subdivision will result in the northerly lot having 35,682 square feet of land, and 95 feet in width. -1- 4. The proposed subdivision will result in the southerly lot having 40,747 square feet of land, and 84 feet in width. S. The existing right -of= -way for Woodside Road is substandard and the Applicants have agreed to convey 17 feet of right -of -way to the City of Shorewood. 6. The proposed lots will comply with the requirement that nonconforming lots of record must meet 70 percent of the minimum width and area requirements to be considered as buildable lots. A. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and have established practical difficulties as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants lot width and area variances to the Applicants. C. The real property legally described in Exhibit A is herewith approved for subdivision and combination into two parcels, legally described in Exhibit B. D. The Applicants shall record this resolution, together with the drainage and utility easements legally described in Exhibits C and D, the public right -of -way legally described in Exhibit E, and the shared private driveway maintenance and improvement agreement described in Exhibit F, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. E. The City Clerk will furnish the Applicants with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February 2012. ATTEST Brian Heck, City Administrator /Clerk Christine Liree, Mayor -2- ORIGINAL LEGAL DESCRIPTIONS: NORTHERLY PARCEL: That part of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, and of Lot 10, Scott's Subdivision in Lot 2, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence Northerly on said extended line and said Easterly line of said Lot 10, a distance of 75.9 feet to a point 42.5 feet Northerly from the Southeasterly corner of said Lot 10; thence West on a line parallel to the South line of said Lot 10 to the shoreline of Lake Minnetonka; thence Southerly along said shoreline to its intersection with a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning, ITennepin County, Minnesota. SOUTHERLY PARCEL: Beginning at a point on the southerly extension of the centerline of the street on the easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet southerly along said southerly extension from the intersection of said centerline and the south line of said Government Lot 2; thence westerly along a line drawn westerly from said point, said line forming a southwesterly angle of 85 degrees 36 minutes with the southerly extension of the centerline of said street, to the shoreline of Lake Minnetonka; thence southerly along said shoreline to its intersection with a line parallel to and 97.45 feet south at right angles from the south line of said Government Lot 2; thence east along said line to its intersection with the southerly extension of the centerline of said street; thence northerly on said extended line to the point of beginning. Exhibit A PROPOSED LEGAL DESCRIPTIONS: NORTHERLY PARCEL: That part of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Ran— 23 West, Hennepin County, Minnesota, which lies South of the North 32.98 feet thereof; and that part of the vacated street adjacent and south of said Lot 10, and of Govemment Lot 3, Section 31, Township 117, Range 23, which lies westerly of the southerly extension of the West line of the street adjacent to Lots 1. though 10 in said Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lies northerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North lure to art intersection with said street centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C"; thence northeasterly to the point of commencement and the beginning of said Line "A"; thence southwesterly to said Point "C"; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating. SOUTHERLY PARCEL: That part of the North 97.45 feet of Government Lot 3, Section 31, Township 117, Range 23, Hennepin County, Minnesota and of the vacated sheet adjacent and south of Lot 10, Scotts Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lie westerly of a line parallel to and 17 feet West of the southerly extension of the centerline of the street adjacent to Lots 1 through 10 in Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lie southerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said street centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C"; thence northeasterly to the point of commencement and the beginning of said Line "A"; thence southwesterly to said Point "C"; thence westerly to the shore of Lake .Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating. Exhibit E GRANT OF EASEMENT This Grant of Easement is made the day of 2012, from NJ Cannon Consulting LLC, a Minnesota limited liability company, Grantor, granting unto the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, a drainage and utility easement over and across real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A The purpose and intent of said utility and drainage easement being more specifically described as follows: - Grantee, its successors and assigns, shall have the right to enter upon the easement described above for the purpose of installing, repairing, maintaining or removing any utilities or drainage facilities located thereon, whether above ground or below ground. - It is intended that the above easement shall run with the land in perpetuity. CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 EXHIBIT C Page 1 of 2 NJ CANNON CONSULTING LLC By: Michael J. Cannon Its: Chief Manager & Secretary STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Michael J. Cannon, the Chief Manager & Secretary of MJ Cannon Consulting LLC, a Minnesota limited liability company, on behalf of the Company. Notarial Stamp or Seal Signature of Person Taking Acknowledgment THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis,. MN 55417 (612) 721 -4488 I.D. #575630 Page 2 of 2 Exhibit A The Northerly, Easterly and Southerly 10 feet of the following describe parcel: That part of the North 97.45 feet of Government Lot 3, Section 31, Township 117, Range 23, Hennepin County, Minnesota and of the vacated street adjacent and south of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lie westerly of a line parallel to and 17 feet West of the southerly extension of the centerline of the Street (Woodside Road) adjacent to Lots lthrough 10 in Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lie southerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said Street (Woodside Road) centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89,36 feet to a point hereinafter referred to as Point "C "; thence northeasterly to the point of commencement and the beginning of said Line "A "; thence southwesterly to said Point "C"; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating; Except the Easterly 17 feet thereof. And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 10 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 371.07 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 465.23 feet from the southeast corner of the above described parcel and there terminating. SouthBsmt LLC -City GRANT OF EASEMENT This Grant of Easement is made the day of 2012, from Michael J. Cannon and Elizabeth A. Cannon, husband and wife, Grantors, granting unto the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, a drainage and utility easement over and across real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A The purpose and intent of said utility and drainage easement being more specifically described as follows: - Grantee, its successors and assigns, shall have the right to enter upon the easement described above for the purpose of installing, repairing, maintaining or removing any utilities or drainage facilities located thereon, whether above ground or below ground. - It is intended that the above easement shall run with the land in perpetuity. CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 ***419 i Page 1 of 2 Michael J. Cannon STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) Elizabeth A. Cannon The foregoing instrument was acknowledged before me this ___ day of , 2012, by Michael J. Cannon and Elizabeth A. Cannon, husband and wife, Grantor(s). Notarial Stamp or Seal Signature of Person Taking Acknowledgment THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 55417 (612) 721 -4488 I.D. #57563 Page 2 of 2 Exhibit A The Northerly, Easterly and Southerly 10 feet of the following described parcel: That part of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lies South of the North 32.98 feet thereof; and that part of the vacated street adjacent and south of said Lot 10, and of Government Lot 3, Section 31, Township 117, Range 23, which lies westerly of the southerly extension of the West line of the Street (Woodside Road) adjacent to Lots 1 through. 10 in said Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lies northerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said Street (Woodside Road) centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B "; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C "; thence northeasterly to the point of commencement and the beginning of said Line "A "; thence southwesterly to said Point "C "; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating. And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 10 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 411.87 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 371.07 feet from the westerly angle point in said South line and there terminating. NorthEsmt ME -City QUIT CLAIM DEED CORPORATION TO CORPORATION STATE DEED TAX DUE HEREON: $ Date: , 2012 FOR VALUABLE CONSIDERATION, MJ Cannon Consulting LLC, a Minnesota limited liability company, Grantor, hereby conveys and quitclaims to the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: See attached Exhibit A CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY (Page 1 of 2) EXHIBIT E NJ CANNON CONSULTING LLC By: Michael J. Cannon Its: Chief Manager & Secretary STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Michael J. Cannon, the Chief Manager & Secretary of MJ Cannon Consulting LLC, a Minnesota limited liability company, on behalf of the Company. Notarial Stamp or Seal Signature of Person Taking Acknowledgment Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Shorewood THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 55417 I.D. #57563 (Page 2 of 2) Exhibit A The Easterly 17 feet of the following parcel: That part of the North 97.45 feet of Government Lot 3, Section 31, Township 117, Range 23, Hennepin County, Minnesota and of the vacated street adjacent and south of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lie westerly of a line parallel to and 17 feet West of the southerly extension of the centerline of the Street (Woodside Road) adjacent to Lots lthrough 10 in Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lie southerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said Street (Woodside Road) centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B "; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C "; thence northeasterly to the point of commencement and the beginning of said Line "A "; thence southwesterly to said Point "C "; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating. South -ROW LLC-City-ROW SHARED DRIVEWAY AND GRANT OF EASEMENT AGREEMENT This Driveway Use Agreement for properties located at 28170 Woodside Road - Ex A - ( "North Lot ") owned by Michael J. Cannon and Elizabeth A. Cannon, husband and wife ( "Cannons "), and 28180 Woodside Road — Ex B - ( "South Lot ") owned by MJ Consulting LLC, a Minnesota limited liability company ( "Seller "), both lots being in Shorewood, Hennepin County, Minnesota 55331, shall be effective as of Date of Closing (anticipated to be March 28, 2012), of a Purchase Agreement dated January 3, 2012 by and between Seller and Thomas J. Schrepel and Velinda L. Schrepel, husband and wife (`Buyer "). Recitals Whereas, the Purchase Agreement between the parties included an Exhibit C, calling for the parties to negotiate a Shared Driveway Agreement /Cross Easement Agreement on or before closing; Whereas, this Driveway Use Agreement is the Agreement called for in Exhibit C; Whereas, the Schrepels are buying the property known as the South Lot from Seller via a Purchase Agreement signed and dated by both parties on January 3, 2012; Whereas, the purpose of this agreement is to assure: i) that the Owners of the North Lot maintain the existing access to their residence from Woodside Road; ii) the Sebrepels are allowed the maximum hardcover for new construction on South Lot; and iii) driveway access between North Lot and Woodside Road be terminated upon the sale or removal of residence (as more fully defined below) on North Lot, THEREFORE THE PARTIES HERETO HAVE AGREED AS FOLLOWS Definitions North Lot Parking Pad — The bituminous surface that resides partially on South Lot and provides access to garage on North Lot, Current Driveway Configuration — The combination of the North Lot .Parking Pad and the bituminous surface that provides access to and from Woodside Road to North Lot and South Lot as of January 3, 2012. Woodside Road Access — The portion of the Current Driveway Configuration or Driveway Reconfiguration that provides access from the North Lot Parking Pad to and from Woodside Road Current Driveway Easement — The existing driveway easement that formally defines the Current Driveway Configuration that is shared by both North Lot and South Lot. Reconfiguration Date — The date Driveway Reconfiguration must occur to allow site plan for South Lot come into compliance with City of Shorewood Hard Cover requirements. The date will be before Buyer receives a Certificate of Occupancy for the new construction on 28180 Woodside Road. Owners of the North Lot - designated Dweller — Any party designated by Owners of the North Lot to reside at North Lot in its current location. Owners of the North Lot will inform Owners of the South Lot of such designation Future North Lot Buyer — Any party that acquires title to North Lot from the then current Owners of the North EXHIBIT F Lot. Future South Lot Buyer — Any party that acquires title to South Lot from Buyer or the then current Owners of the South Lot. Use and Maintenance of Current Driveway Configuration 1.1 Buyer, Owners of the South Lot and Owners of the North Lot agree to allow mutual use of the Current Driveway Configuration until Reconfiguration Date. 1.2 Primary use of the Current Driveway Configuration is for ingress and egress for each respective property to and from Woodside Road. 1.3 Owners of the North Lot may park cars on North Lot Parking Pad as Iong as it does not impede ingress or egress for South Lot. 1.4 Buyer and Owners of the South Lot may use Woodside Road Access portion of Current Driveway Configuration for construction purposes. Such use will not impede ingress or egress to Woodside Road from North Lot Parking Pad. 1.5 Owners of the North Lot are responsible for maintenance of the North Lot Parking Pad, including, but not limited to snow plowing, edging, maintenance, repair, etc. 1.6 Buyer and Owners of the South Lot are responsible to fix any damage to North Lot Parking Pad should such damage occur due to construction traffic. 1.7 Buyer, Owners of the South Lot and Owners of the North Lot agree to share maintenance of the Woodside Road Access, including, but not limited to snow plowing, edging, maintenance, repair, etc, Owners of the South Lot and Owners of the North Lot agree to approach maintenance jointly. Any maintenance that creates an expense requires written agreement of Owners of the South Lot and Owners of the North Lot. Driveway Reconfiguration 2.1 Buyer, Owners of the South Lot and Owners of the North Lot agree that the driveway will be reconfigured according to the Site Plan for the South Lot new construction to assist Owners of the South Lot in compliance with hardcover requirements. 2.2 Driveway Reconfiguration will reduce North Lot Parking Pad to 18.5 feet in width and 27 feet in length (500 square feet in surface area) and Buyer will remove all other bituminous material from Current Driveway Configuration. An area 14 feet in width and 27 feet in length immediately adjacent to the east of the North Lot parking pad will be landscaped in a manner that allows for exclusive use by North Lot in a manner consistent with the terms outlined in this agreement. North lot owner is responsible for said landscaping. 23 Owners of the South Lot agree that Driveway Reconfiguration will continue to provide North Lot with the same access to Woodside. 2.4 Driveway reconfiguration will take place on Reconfiguration Date. Buyers, Owners of the South Lot and Owners of the North Lot will agree to an acceptable date. 2.5 Buyer shall be responsible for all Driveway Reconfiguration costs. Release and cancellation of Current Driveway Easement 3.1 Owners of the North Lot will provide Owners of the South Lot with copies of any documentation in their possession pertaining to the Current Driveway Easement. 3.2 On or before the Reconfiguration Date and subject to the consummation of the closing referenced in the introductory paragraph above, Owners of the South Lot and Owners of the North Lot will execute and deliver to Buyer, any documents prepared by Buyer and deemed necessary to release and cancel the Current Driveway Easement 3.3 Seller will be responsible for filing costs of the documentation referred to in 3.2, above. 4. Use and Maintenance of Driveway Reconfiguration 4.1 Owners of the South Lot agree to allow Owners of the North Lot, North Lot Designated Dweller or Future Renter of North Lot use of the North Lot Parking Pad and Woodside Road Access until this Agreement is terminated as described in Paragraph 5, below. 4.2 Owners of the North Lot or Future Renter of North Lot may park cars on North Lot Parking Pad as long as it does not impede ingress or egress for South Lot. 43 North Lot Parking Pad may not be used for clutter, such as garbage containers, unused toys, bikes and canoes. 4.4 North Lot Parking Pad is intended for cars and may not be used for long term storage of RVs or boats. 4.5 Owners of the North Lot, Future Renters and Owners of the North Lot - designated Dweller . assume all obligations hereunder and are responsible for maintenance of the North Lot Parking Pad, including, but not limited to snow plowing, edging, maintenance, repair, etc. 4.6 Owners of the South Lot and Owners of the North Lot or Owners of the North Lot- designated Dweller agree to share maintenance of the Woodside Road Access, including, but not limited to snow plowing, edging, maintenance, repair, etc. Owners of the South Lot and Owners of the North Lot agree to approach maintenance jointly. Any maintenance that creates an expense requires written agreement of Owners of the South Lot and Owners of the North Lot. 5. Termination of Use 5.1 This agreement will remain in place between Owners of the South Lot and Owners of the North Lot until Owners of the North Lot either: 5.1.1 Sell the North Lot or 5.1.2 Remove the dwelling on North Lot from its current location. 5.1.3 If the dwelling on North Lot remains and Owners of the North Lot remain in ownership of North Lot but do not continue to reside there, the agreement is deemed assumed by any party that reside there. 5.2 Termination of use due to Owners of the North Lot removing structure on North Lot. 5.2.1 If Owners of the North Lot choose to remove current residence from North Lot, this Agreement shall terminate on the date that said residence is removed and Owners of the North Lot will no longer have the use of either Current Driveway Configuration, Driveway Reconfiguration or North Lot Parking Pad. After such time, access to North Lot from Woodside Road must be independent from South Lot. 5.2.2 Owners of the North Lot agree to remove bituminous North Lot Parking Pad at the time residence on North Lot is removed. 5.2.3 Owners of the South Lot will be responsible for landscaping the area of removed bituminous. 5.3 Termination of use due to Owners of the North Lot selling North Lot. 5.3.1 If Owners of the North Lot choose to sell North Lot, this Agreement shall terminate 1 year from the date of closure of said sale and at which time Future North Lot buyer will no longer use Current Driveway Configuration, Driveway Reconfiguration, or North Lot Parking Pad. 5.3.2 "Sale" shall not include transfers between spouses, for estate planning purposes, to direct descendants or siblings of either Michael or Elizabeth Cannon or the result of a death or a dissolution of marriage, 5.3.3 Future North Lot Buyer agrees to remove bituminous North Lot Parking Pad at the time residence on North Lot Woodside is removed. Owners of the North Lot will assure that Future North Lot Buyer is aware of said responsibility. 5.3.4 Owners of the South Lot will be responsible for landscaping the area of removed bituminous. Survival of Agreement 6.1 If Buyer sells South Lot before a termination event as described in 5 above, this agreement is assignable to a Future South Lot Buyer and the rights and responsibilities within this agreement shall be deemed to be assumed by a Future South Lot Buyer until such a termination event occurs. 6.2 The easement rights over South Lot which this agreement grants to and for the benefit of the Current or Future owners of North Lot shall run with the land and shall terminate only by the happening of one of the events described above or by mutual agreement of all parties hereto. Owners of the North Lot: Michael J. Cannon Date Elizabeth A. Cannon Date Owner of the South Lot /Seller: MJ Cannon Consulting LLC IM Michael J. Cannon Date Chief Manager Buyers: Thomas J. Schrepel Date Velinda L. Schrepel Date State of Minnesota County of Hennepin This instrument was acknowledged before me on 2012, by Michael J. Cannon and Elizabeth A. Cannon, husband and wife. (Stamp) stgna ure q noiarial o, acer Title (and Rank): My commission expires: mon. ay y ar State of Minnesota County of Hennepin This instrument was acknowledged before me on , 2012, by Michael J. Cannon, as Chief Manager of MJ Cannon Consulting LLC, a Minnesota limited liability company, on behalf of the company. (Stamp) sagna ure q notarial officer) Title (and Rank): My commission expires: mon i hl da ear State of Minnesota County of Hennepin This instrument was acknowledged before me on 2012, by Thomas J. Schrepel and Velinda L. Schrepel, husband and wife. (Stamp) stgna ure - of no aria o tcer Title (and Ranlo: My commission expires: (Mon a ay year Exhibit A —North Lot That part of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lies South of the North 32,98 feet thereof; and that part of the vacated street adjacent and south of said Lot 10, and of Government Lot 3, Section 31, Township 117, Range 23, which lies westerly of the southerly extension of the West line of the Street (Woodside Road) adjacent to Lots 1 through. 10 in said Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lies northerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said Street (Woodside Road) centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point `B "; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C "; thence northeasterly to the point of commencement and the beginning of said Line "A "; thence southwesterly to said Point "C "; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point 'B" to Point "C" and there terminating. Subject to utility and drainage easement over: The Northerly, Easterly and Southerly 10 feet of the above described parcel; And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 10 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 411.87 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 371.07 feet from the westerly angle point in said South line and there terminating. Exhibit B — South Lot That part of the North 97.45 feet of Government Lot 3, Section 31, Township 117, Range 23, Hennepin County, Minnesota and of the vacated street adjacent and south of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lie westerly of a line parallel to and 17 feet West of the southerly extension of the centerline of the Street (Woodside Road) adjacent to Lots lthrough 10 in Scott's Subdivision of Lot 2, Section 31, Township 11.7 North, Range 23 West, and which lie southerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said Street (Woodside Road) centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C "; thence northeasterly to the point of commencement and the beginning of said Line "A "; thence southwesterly to said Point "C "; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating; Except the Easterly 17 feet thereof. Subject to utility and drainage easement over: 1 The Northerly, Easterly and Southerly 10 feet of the above described parcel; and And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 10 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 371.07 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 465.23 feet from the southeast corner of the above described parcel and there terminating.