13-036CITY OF SHOREWOOD
RESOLUTION NO. I3 -036
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR GEORGE DANSER AND JEAN CARY
WHEREAS, George Danser and Jean Cary (Applicants) are the owners of
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 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 legally described in Exhibit C, attached hereto and made a part hereof, and
WHEREAS, the Applicants have agreed to deed to the City public right -of -way
legally described in Exhibit D, attached hereto and made a part hereof, and
WHEREAS, the Applicants have agreed to record a wetland conservation
easement legally described in Exhibit E, attached hereto and made a part hereof, and
WHEREAS, the two parcels described in Exhibit B will share a common
driveway, the Applicants have agreed to record a Declaration of Covenants, Restrictions
and Easements as provided in Exhibit F, attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by the Applicants complies in all
respects with the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the real property legally described herein be divided into two
parcels, legally described in Exhibit B.
2. That the City Clerk furnish the Applicants with a certified copy of this
resolution for recording purposes.
3. That the Applicants record this resolution, together with the drainage and
utility easements legally described in Exhibit C, the deed for public right -of -way legally
described in Exhibit D, the conservation easement contained in Exhibit E, and the
declaration of covenants, restrictions and easements legally 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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
J Oth day of June 2013.
Pa4ipcheAIT-
JEKN PANCIfYSHY9, CI CLERK
-2-
—" SC TT &R", AYOR
Existing Legal Description:
Lot 160;
The South 40 feet of Lot 164;
That part of Lot 186 lying northerly of Registered Land Survey No. 471;
All in Auditor's Subdivision No. 120, Hennepin County, Minnesota..
Exhibit A
-3-
Proposed Legal Description — Parcel 1:
Parcel A
The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, ALSO that part of the North 120 feet of said Lot 160 lying East of the West
300.80 feet of said Lot 160 and West of the East 17.00 feet of said Lot;
FTitil
Parcel C
The South 40.00 feet of Lot 164, and that part of Lot 186 lying North of the South 80.61
feet of that part of said Lot 186 lying northerly of Registered Land Survey No. 471, all
in Auditor's Subdivision No. 120, Hennepin County, Minnesota.
Proposed Legal Description — Parcel 2
Parcel B
That part of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota,
lying East of the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot,
and South of the North 120.00 feet of said Lot, EXCEPT that part of said Lot which lies
East of the West 313.00 feet of said Lot and South of the North line of the South
2100.58 feet of Government Lot 7, Section 35, Township 117 North, Range 23 West of
the 5th Principal Meridian;
mm
Parcel D
The South 80.61 feet of that part of Lot 186, Auditor's Subdivision No. 120, Hennepin
County, Minnesota, lying North of Registered Land Survey No. 471,
Exhibit B
-4-
A ten (10) foot wide perpetual easement for public drainage and public utility purposes
over, under, and across a ten (10) foot wide strip around the perimeter of the following
described properties:
Parcel A
The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, ALSO THAT PART OF THE North 120 feet of said Lot 160 lying East of
the West 300.80 feet of said Lot 160 and West of the East 17.00 feet of said Lot;
And
Parcel B
That part of Lot 160 Auditor's Subdivision No. 120, Hennepin County, Minnesota,
lying East of the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot,
and South of the North 120.00 feet of said Lot, EXCEPT that part of said Lot which lies
East of the West 313.00 feet of said Lot and South of the North fine of the South
2100.58 feet of Government Lot 7, Section 35, Township, 117, Range 23 West of the St"
Principal Meridian.
Exhibit C
-5-
Public Right - ®f- -Way Legal Description:
The East 17.00 feet of that part of Lot 160, Auditor's Subdivision No. 120, which lies
South of the North line of the South 2100.58 feet of Government Lot 7, Section 35,
Township 117 North, Range 23 West of the 5`1' Principal Meridian.
Exhibit D
-6-
O ,9
EASEMENT
OVER PARCEL A
An easement for drainage and conservation over and across that part of the following
described property:
The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin
County, Minnesota, ALSO that part of the North 120 feet of said Lot 160 lying
East of the West 300.80 feet of said Lot 160 and West of the East 17.00 feet of
said Lot,
Said easement being described as follows:
Commencing at the Northeast corner of said Lot 160; thence on as assumed bearing of
South 0 degrees 30 minutes 10 seconds East along the East line of said Lot 160 a
distance of 19.17 feet to the point of beginning of the easement being described; thence
continuing South 0 degrees 30 minutes 10 seconds Last along said East line a distance
of 34.91 feet; thence South 89 degrees 29 minutes 50 seconds West a distance of 17.00
feet; thence South 0 degrees 30 minutes 10 seconds East a distance of 37.91 feet; thence
South 78 degrees West a distance of 26.00 feet; thence North 86 degrees West a
distance of 50.00 feet; thence North 52 degrees West a distance of 38.00 feet; thence
North 75 degrees West a distance of 68.00 feet; thence South 47 degrees West a
distance of 18.00 feet; thence South 30 degrees West a distance of 51.00 feet; thence
South 64 degrees West a distance of 15.00 feet; thence South 34 degrees West a
distance of 34.00 feet; thence South 66 degrees West a distance of 14.00 feet; thence
South 35 degrees West a distance of 117.00 feet; thence North 64 degrees West a
distance of 20.00 feet; thence North 35 degrees West a distance of 41.00 feet; thence
North 24 degrees East a distance of 38.00 feet; thence North 4 degrees West a distance
of 61.00 feet; thence North 41 degrees East a distance of 19.00 feet; thence on a bearing
of North a distance of 90.43 feet to the North line of said Lot 160; thence easterly along
said North line a distance of 98.02 feet; thence South 66 degrees East a distance of
1.26.70 feet; thence North 88 degrees Fast a distance of 45.00 feet; thence North 26
degrees East a distance of 32.00 feet; thence North 20 degrees West a distance of 24.12
feet to said North line of Lot 160; thence easterly along said North line a distance of
34.93 feet; thence South 19 degrees East a distance of 19.76 feet; thence on a bearing of
East a distance of 50.30 feet to the point of beginning.
BUFFER EASEMENT IN PARCEL A
An easement for wetland buffer purposes over and across that part of the following
described property:
The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin
County, Minnesota, ALSO that part of the North 120 feet of said Lot 160 lying
East of the West 300.80 feet of said Lot 160 and West of the East 17.00 feet of
said Lot,
Which lies between the following described "Line A" and a line parallel with and 35.00
feet left of, measured at right angles to, said "Line A ", said "Line A" being described as
follows:
Exhibit E
-7-
Commencing at the Northeast corner of said Lot 160; thence on as assumed bearing of
South 0 degrees 30 minutes 10 seconds East along the East line of said Lot 160 a
distance of 19.17 feet to the point of beginning of "Line A" being described; thence
continuing South 0 degrees 30 minutes 10 seconds "East along said East line a distance
of 34.91 feet; thence South 89 degrees 29 minutes 50 seconds West a distance of 17.00
feet; thence South 0 degrees 30 minutes 10 seconds East a distance of 37.91 feet; thence
South 78 degrees West a distance of 26.00 feet; thence North 86 degrees West a
distance of 50.00 feet; thence North 52 degrees West a distance of 38.00 feet; thence
North 75 degrees West a distance of 68.00 feet; thence South 47 degrees West a
distance of 18.00 feet; thence South 30 degrees West a distance of 51.00 feet; thence
South 64 degrees West a distance of 15.00 feet; thence South 34 degrees West a
distance of 34.00 feet; thence South 66 degrees West a distance of 14.00 feet; thence
South 35 degrees West a distance of 117.00 feet; thence North 64 degrees West a
distance of 20.00 feet; thence North 35 degrees West a distance of 41.00 feet; thence
North 24 degrees East a distance of 38.00 feet; thence North 4 degrees West a distance
of 61.00 feet; thence North 41 degrees East a distance of 19.00 feet; thence on a bearing
of North a distance of 90.43 feet to the North line of said Lot 160; thence easterly along
said North line a distance of 98.02 feet; thence South 66 degrees East a distance of
126.70 feet; thence North 88 degrees East a distance of 45.00 feet; thence North 26
degrees East a distance of 32.00 feet; thence North 20 degrees West a distance of 24.12
feet to said North line of Lot 160; thence easterly along said North line a distance of
34.93 feet; thence South 19 degrees East a distance of 20.00 feet; thence on a bearing of
East a distance of 50.72 feet to the point of beginning, and said "Line A" there ending.
OVER PARCEL B
An easement for drainage and conservation purposes over and across that part of the
following described property:
That part of Lot 160, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, lying East of the West 300.80 feet of said Lot, West of the East
17.00 feet of said Lot, and South of the North 120.00 feet of said Lot, EXCEPT
that part of said Lot which lies East of the West 313.00 feet of said Lot and
South of the North line of the South 2100.58 feet of Government Lot 7, Section
35, Township 117 North, Range 23 West of the 5`h Principal Meridian,
Commencing at the Northeast corner of said Lot 160; thence on as assumed bearing of
South 0 degrees 30 minutes 10 seconds East along the East line of said Lot 1.60 a
distance of 19.17 feet to the point of beginning of the easement being described; thence
continuing South 0 degrees 30 minutes 10 seconds East along said East line a distance
of 34.91 feet; thence South 89 degrees 29 minutes 50 seconds West a distance of 17.00
feet; thence South 0 degrees 30 minutes 10 seconds East a distance of 37.91 feet; thence
South 78 degrees West a distance of 26.00 feet; thence North 86 degrees West a
distance of 50.00 feet; thence North 52 degrees West a distance of 38.00 feet; thence
North 75 degrees West a distance of 68.00 feet; thence South 47 degrees West a
distance of 18.00 feet; thence South 30 degrees West a distance of 51.00 feet; thence
South 64 degrees West a distance of 15.00 feet; thence South 34 degrees West a
distance of 34.00 feet; thence South 66 degrees West a distance of 14.00 feet; thence
South 35 degrees West a distance of 117.00 feet; thence North 64 degrees West a
distance of 20.00 feet; thence North 35 degrees West a distance of 41.00 feet; thence
North 24 degrees East a distance of 38.00 feet; thence North 4 degrees West a distance
-8-
of 61.00 feet; thence North 41 degrees East a distance of 19.00 feet; thence on a bearing
of North a distance of 90.43 feet to the North line of said Lot 160; thence easterly along
said North line a distance of 98.02 feet; thence South 66 degrees East a distance of
126.70 feet; thence North 88 degrees East a distance of 45.00 feet; thence North 26
degrees East a distance of 32.00 feet; thence North 20 degrees West a distance of 24.12
feet to said North fine of Lot 160; thence easterly along said North line a distance of
34.93 feet; thence South 19 degrees East a distance of 20.00 feet; thence on a bearing of
East a distance of 50.30 feet to the point of beginning.
BUFFER EASEMENT IN PARCEL B
An easement for wetland buffer purposes over and across that part of the following
described property:
That part of Lot 160, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, lying East of the West 300.80 feet of said Lot, West of the East
17.00 feet of said Lot, and South of the North 120.00 feet of said Lot, EXCEPT
that part of said Lot which lies East of the West 313.00 feet of said Lot and
South of the North fine of the South 2100.58 feet of Government Lot 7, Section
35, Township 117 North, Range 23 West of the 5v' Principal Meridian,
Which lies between the following described "Line A" and a line parallel with and 35.00
feet left of, measured at right angles to, said "Line A ", said "Line A" being described as
follows:
Commencing at the Northeast corner of said Lot 160; thence on as assumed bearing of
South 0 degrees 30 minutes 10 seconds East along the East line of said Lot 160 a
distance of 19.17 feet to the point of beginning of "Line A" being described; thence
continuing South 0 degrees 30 minutes 10 seconds East along said East line a distance
of 34.91 feet; thence South 89 degrees 29 minutes 50 seconds West a distance of 17.00
feet; thence South 0 degrees 30 minutes 10 seconds East a distance of 37.91 feet; thence
South 78 degrees West a distance of 26.00 feet; thence North 86 degrees West a
distance of 50.00 feet; thence North 52 degrees West a distance of 38.00 feet; thence
North 75 degrees West a distance of 68.00 feet; thence South 47 degrees West a
distance of 18.00 feet; thence South 30 degrees West a distance of 51.00 feet; thence
South 64 degrees West a distance of 15.00 feet; thence South 34 degrees West a
distance of 34.00 feet; thence South 66 degrees West a distance of 14.00 feet; thence
South 35 degrees West a distance of 117.00 feet; thence North 64 degrees West a
distance of 20.00 feet; thence North 35 degrees West a distance of 41.00 feet; thence
North 24 degrees East a distance of 38.00 feet; thence North 4 degrees West a distance
of 61.00 feet; thence North 41 degrees East a distance of 19.00 feet; thence on a bearing
of North a distance of 90.43 feet to the North line of said Lot 160; thence easterly along
said North line a distance of 98.02 feet; thence South 66 degrees East a distance of
126.70 feet; thence North 88 degrees East a distance of 45.00 feet;
thence North 26 degrees East a distance of 32.00 feet; thence North 20 degrees West a
distance of 24.12 feet to said North line of Lot 160; thence easterly along said North line
a distance of 34.91 feet; thence South 19 degrees East a distance of 20.00 feet; thence
on a bearing of East a distance of 50.30 feet to the point of beginning, and said "Line A"
there ending.
-9-
Dej
COVENANTS, RESTRICTIONS, AND EASEMENTS
( "Driveway ")
THIS DECLARATION OF COVENANTS, RESTRCTIONS, AND EASEMENTS IS MADE THIS day of
2013 by George Danser and Jean Cary, husband and wife, (hereinafter collectively
referred to as "Declarant').
WITNESSETH:
WHEREAS, Declarant, as the owner thereof, desires to provide for the preservation of the values
and enhancement of certain property consisting of two parcels of real property located in Hennepin
County, Minnesota, through the recording of certain covenants, restrictions and easements thereon,
which certain real property is more particularly described as follows:
The West 300.80 feet of Lot 160, Auditor's Subdivision No, 120, Hennepin County, Minnesota,
ALSO THAT PART OF THE North 120 feet of said Lot 160 lying East of the West 300.80 feet of said
Lot 160 and West of the East 17.00 feet of said Lot (hereinafter referred to as "Parcel A", and
That part of Lot 160 Auditor's Subdivision No. 120, Hennepin County, Minnesota, Lying East of
the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot, and South of the North
120.00 feet of said Lot, EXCEPT that part of said Lot which lies East of the West 313.00 feet of
said Lot and South of the North line of the South 2100.58 fee of Government Lot 7, Section
35,Township 117, Range 23 West of the 5" Principal Meridian (hereinafter referred to as Parcel
B "), (Parcel A and Parcel B are hereinafter referred to collectively as the "Property ".)
,r
Exhibit F
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold,
conveyed, occupied and used subjectto the following covenants, restrictions, and easements, which
shall run with the Property and be binding on all parties having any right, title, or interest in the Property
or any part thereof, their heirs, successors and assigns, and shall Inure to the benefit of each Owner
thereof.
ARTICLE
Definitions
1.1 "Owner" shall mean and refer to the record owner, whether on or more persons or entities, of
the fee simple title to either or both Parcel A and Parcel B, but shall not mean or refer to the mortgagee
of either of said Parcels, unless and until such mortgagee has acquired title pursuant to foreclosure of
said mortgage, and the period within which the fee owner may redeem from such foreclosure has
terminated. Where any such Parcel is being sold by the fee owner to a contract vendee who is in
possession of the Parcel, the contract vendee shall be considered the "Owner" of the Parcel.
1.2 "Driveway Easement" shall mean a non - exclusive perpetual easement for access and the
construction and maintenance of a driveway for the common benefit of Parcel A and Parcel B.
ARTICLE Il
Easements
2.1 Driveway Easement. A non - exclusive easement for access and construction of a driveway for
the benefit of Parcel A and Parcel B, Is hereby declared and created over, under and across that portion
of Parcel B, legally described on Exhibit A attached hereto and made apart hereof ( "the Driveway
Easement Area"). The rights and obligations created herein shall run with the land and bind each Owner
of Parcels A and B, their respective successors, heirs and assigns. The Owners of Parcels A and B shall be
responsible for the initial construction of a driveway over the Driveway Easement Area and all costs
associated therewith. Declarant shall have no responsibility whatsoever for the installation, repair or
maintenance of the driveway over the Driveway Easement Area.
2:2 Use of Driveway Easement, This Declaration does not dedicate the Driveway Easement Area for
the public use or to the public in any manner whatsoever. No Owner may erect curbs, fences,
landscaping, or other abutments on the Property which would in anyway detract, prevent, hinder or
interfere in anyway with the free flow and passage of vehicular and pedestrian traffic over, to, from and
between the Property and Christmas Lake Road.
.2.3 Miscellaneous Utilities. Any Owner of Parcel A or Parcel B shall have the right to any sub - surface
use of the Driveway Easement Area to install and maintain any pipes, conduits, wires and like under,
upon or over the Driveway Easement Area which do not unreasonably Interfere with any Owner's use of
the Driveway Easement Area, provided that the Owner who initiates any such sub - surface use shall
repair any damage (and bear the cost of such repair) to the Driveway Easement Area caused by such
sub - surface use.
2.4 Cost of Repair and Maintenance. Except as provided in Section 2.3, the obligation and cost of
repair of the Driveway Easement Area, including but not limited to snow removal, shall be divided
evenly between the Owner of Parcel A and the Owner of Parcel B, unless otherwise agreed by such
Owners in writing. Any expense in excess of $100:00 must be expressly agreed upon such Owners in
advance. Failure of any Owner to promptly pay for its share of the expenses shall entitle the non -
defaulting Owner to enforce the maintenance and payment obligations set forth in this paragraph in any
court of competent jurisdiction.
2.5 Indemnification. Each Owner of Parcel A or Parcel B shall indemnify and hold the other Owner
and the Declarant harmless from and against any and all liability for personal injury or property damage
when such injury or such damage shall result from, arise out of, or be attributable to (a) any such party's
construction, maintenance or repair undertaken under or pursuant to this Declaration, or (b) the use by
any such party, or by its agents, licensees or invitees, of the Driveway Easement Area.
ARTICLE 111
Miscellaneous Provisions
3.1 Amendments. The covenants, the restrictions and easements contained in the Declaration
maybe amended by the written agreement of unanimous of the record owners of Parcel A and Parcel B.
3.2 Effective Restrictions. The covenants, restrictions and easements contained in this
Declaration shall apply to and bind each and every Owner of the Property, and such Owner's respective
successors and assigns, and shall operate as a covenant passing with the title to the Property and any
part thereof.
3.3 Duration. Each of the covenants, restrictions and easements contained in the Declaration shall
continue for a period of twenty (20) years from the date of filing for record of this Declaration, and shall
automatically extend in their entirety successive periods of ten (10) years, unless Declarant, or its
successors or assigns, executes and records an appropriate written instrument terminating the
covenants, restrictions and easements, or any part of them.
3.4 Enforcement. The covenants and restrictions contained In the Declaration shall enforceable by
the Declarent or any Owner by appropriate legal remedy including, by not limited to, (a) injunctive relief,
prohibitive or mandatory, to prevent to breach or to enforce performance or observance of these
covenants and restrictions, and (b) moneyjudgment for damages by reason of the breach of these
covenants and restrictions. Failure to enforce any provision of the covenants and restrictions contained
In the Declaration upon the violation thereof shall in no event deemed to be a waiver of the rights to do
so as to any subsequent violation. Any person violating the covenants and restrictions shall be liable to
the Declarant, or the affected Owner, for all costs and attorney's fees which they incur in successfully
enforcing these covenants or restrictions.
3.5 Severability. Invalidation of any of the terms and conditions of this Declaration, whether by
court order or otherwise, shall in no way affect any of the other terms and conditions, which shall
remain in full force and effect.
3.6 Captions and Headings. All captions, headings or titles in the paragraphs or sections of this
Agreement are inserted for convenience of reference only and shall not constitute a part of this
agreement nor operate as a limitation of the scope of the particular paragraphs or sections to which
they apply. Where appropriate, the masculine gender maybe read as the feminine gender or the
neuter gender, and the neuter gender maybe read as the masculine gender or the feminine gender.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF IN WITNESS WHERE OF, the Declarant has caused this Declaration to be executed
as of the day and year first above written.
George Danser
Jean Cary
State of North Carolina
County
This instrument was acknowledged before me on 2013, by George Danser and Jean Cary, husband and
wife.
(stamp)
Notary Public, County, North Carolina
My Commission
THIS INSTRUMENT WAS DRAFTED 9Y;
Craig M. Martz Law Office
7959 Stone Creek Drive
P.0.9ox 623
Chanhassen, MN $5917
1952(975.99601
U, \CMM10410 \DECLARAT10N.doce
MCMM10410\-rev05212013.docx
U, \CMM10410 \- rev05222013.docx
Driveway Easement Area
A non - exclusive perpetual cross - access easement for access and for the construction and maintenance
of a driveway for the benefit of Parcel A, described as:
The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota,
ALSO THAT PART OF THE North 120 feet of said Lot 160 lying East of the West 300.80 feet of said
Lot 160 and West of the East 17.00 feet of said Lot (hereinafter referred to as "Parcel A"), and
for the benefit of Parcel B, described as follows:
That part of Lot 160 Auditor's Subdivision No. 120, Hennepin County, Minnesota, Lying East of
the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot, and South of the North
120.00 fee of said Lot, EXCEPT that part of said Lot which lies East of the West 313.00 feet of
said Lot and South of the North line of the South 2100.58 feet of Government Lot 7, Section
35,Township 117, Range 23 West of the 5th Principal Meridian (hereinafter referred to as Parcel
B ")
said Easement over, under, and across the South Twenty -Two (22) feet of said Parcel B, and
over, under, and across the East Seventy -Five feet of the south Twenty -Six (26) feet of said Parcel B,
hereinafter referred to collectively as the Driveway Easement Area,