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12-061CITY OF SHOREWOOD RESOLUTION NO. 12 -061 A RESOLUTION APPROVING A SUBDIVISION AND COMBINATION OF REAL PROPERTY AND AMENDING A CONSERVATION EASEMENT FOR KENNETH CARLSON AND STEPHANIE VENN PETERSEN WHEREAS, Kenneth Carlson and Stephanie Venn Petersen (Applicants) have an interest in certain real property in the City of Shorewood, legally described in Attachment I, 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 Attachment II, 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 Attachment III, attached hereto and made a part hereof; and WHEREAS, the Applicants have agreed to establish a driveway easement over a portion of the northeasterly parcel in favor of the southwesterly parcel as provided in Attachment IV, attached hereto and made a part hereof; and WHEREAS, the Applicants have requested an amendment to an existing wetland buffer easement as provided for in Attachment V, attached hereto and made a part hereof; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 13 September 2012, a copy of which is on file at the Shorewood City Hall; and WHEREAS, the application was reviewed by the Planning Commission at a regular meeting held on 18 September 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 24 September 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The property in question is located in the R -IA/S, Single- Family Residential /Shoreland zoning District. 2. The proposed northeasterly parcel will contain 88,364 square feet of area. 3. The proposed southwesterly parcel will contain 143,743 square feet of area. 4. An existing wetland buffer easement, dated 28 January 2008, provides for one, four -foot wide access corridor and the Applicants have requested that the easement be amended to allow two, four - foot wide access corridors, one for each of the two proposed parcels. -1- 5. The Applicants propose to establish a driveway easement over a portion of the northeasterly parcel in favor of the southwesterly parcel. 6. The proposed lots will comply with the requirements of the R -1A /S zoning district. CONCLUSIONS A. The real property legally described in Attachment I is herewith approved for subdivision and combination into two parcels, legally described in Attachment II. B. The wetland buffer easement, dated 28 January 2008, is hereby amended as provided in Attachment V. C. The Applicants shall record this resolution, together with the drainage and utility easements legally described in Attachment III, the driveway easement described in Attachment IV, and the amendment to the wetland buffer easement described in Attachment V, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. D. 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 24th day of September 2012. Christine Lizee, Mayor ATTEST: William 5.46y#e�(Anterim City Administrator /Clerk -2- EXISTING PARCEL DESCRIPTIONS DESCRIPTION OF EXISTING PARCH, A That Part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point on the South hne of said Government Lot 4 distant 828.8 feet West of the southeast corner of said Lot; thence angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel with and 297.85 feet north of the south line of said Lot; thence west and parallel with said south line to the shore of Christmas Lake; thence southwesterly on said shore line to the intersection with the south line of said Lot 4; thence east along said south line to the point of beginning. Lying easterly of the following described line: Commencing at a point on the south line of said Government Lot 4 distant 1738.30 feet west of the southeast corner of said Lot 4 being the point of beginning of the line to be described, the south line of said Government Lot 4 is assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22 degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43 degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51 degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel with and 297.85 feet north of said south line of said Lot 4, where said line terminates. 191,585 sq. ft. /4.400 acres DESC RIPTION OF EXISTING PARCEL B Lot 4, Block L SILVER RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. And an undivided 20% interest in and to Outlot A, Silver Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. 40,522 sq. ft. /0930 acres Attachment I -3- PROPOSED PARCEL DESCRIPTIONS DESC RIPTION OF PROPOSED PARCEL 1 That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point on the South line of said Government Lot 4 distant 828.8 feet West of the southeast corner of said Lot; thence angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel with and 297.85 feet north of the south line of said Lot; thence west and parallel with said south line to the shore of Christmas Lake; thence southwesterly on said shore line to the intersection with the south line of said Lot 4; thence east along said south line to the point of beginning. Lying easterly of the following described line: Commencing at a point on the south line of said Government Lot 4 distant 1738,30 feet west of the southeast corner of said Lot 4 being the point of beginning of the lice to be described, the south line of said Government Lot 4 is assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22 degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43 degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51 degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel with and 297.85 feet north of said south line of said Lot 4, where said line terminates. And lying northeasterly of the following described line: Commencing at a point on the South line of said Government Lot 4 distant 828.8 feet West of the southeast corner of said Lot; thence angle right 23 degrees 16 minutes 38 seconds a distance of 753.71 feet more or less, to the terminus of the above described line. And Lot 4, Block 1, SILVER RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota And an undivided 20% interest in and to Outlot A, Silver Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. Together with rights contained in Easement: for private road, as shown in Book 1043 of Deeds, page 244, Book 1281 of Deeds, page 255, Boole 1494 of Deeds, page 30. Area: 88,364 sq, ft./2.029 acres DESCRIPTION OF PROPOSED PARCEL 2 That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point on the South line of said Government Lot 4 distant 828.8 feet West of the southeast corner of said Lot; thence angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel with and 297.85 feet north of the south line of said Lot; thence west and parallel with said south line to the shore of Christmas Lake; thence southwesterly on said shore line to the intersection with the south line of said Lot 4; thence east along said south line to the point of beginning. Lying easterly of the following described line: Attachment II -4- Commencing at a point on the south line of said Government Lot 4 distant 1738.30 feet west of the southeast corner of said Lot 4 being the point of beginning of the line to be described, the south line of said Government Lot 4 is assumed to bear South 89 degrees 50 minutes 13 seconds West thence North 22 degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43 degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51 degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel with and 297.85 feet north of said south line of said Lot 4, where said line terminates. And lying southwesterly of the following described line: Commencing at a point on the South line of said Government Lot 4 distant 828.8 feet West of the southeast corner of said Lot; thence angle right 23 degrees 16 minutes 38 seconds a distance of 753.71 feet more or less, to the terminus of the above described line. Together with rights contained in Easement for private road, as shown in Boole 1043 of Deeds, page 244, Book 1281 of Deeds, page 255, Book 1494 of Deeds, page 30. Area: 143,743 sq. ft. /3.300 acres -5-