15-038CITY OF SHOREWOOD
RESOLUTION NO. 15 -038
RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT -OF -WAY OF
SHORE ROAD
WHEREAS, Notice of Public Hearing on the proposed vacation of a portion of the
public right -of -way of Shore Road in the City of Shorewood, Hennepin County, Minnesota, was
published in the Excelsior /Shorewood edition of the SUN'SAILOR NEWSPAPER on the 7th and
14th days of May, 20l 5 and in the LAKER Newspaper on the 9th and 16th days of May, 2015;
and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 26th day of May 2015, in the Council Chambers
at the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the public right -of -way legally described in Exhibit A, attached
hereto and made a part hereof, be and hereby is vacated, subject to the owners of the property
located at 5590 Shore Road granting an easement in favor of the City of Shorewood for drainage,
utilities and seasonal roadway maintenance, as provided in Exhibit B, attached hereto and made a
part hereof.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
Offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th
day of May, 2015.
ATTEST:
An Panchyshyn, tity derk
Sc ' erby, —# or
That part of Shore Road, dedicated as East Lane on the plat of RADISSON INN ADDITION,
and which lies westerly of the northwesterly line of Lot 1, said RADISSON INN ADDITION and
which lies easterly of the southwesterly extension of the northwesterly line of Outlot C,
LARSON ESTATES.
�i '
MAINTENANCE EASEMENT
THIS INSTRUMENT is made this day of , 2015, by and between Ian
and Carol Friendly, husband and wife, Grantors, in favor of the City of Shorewood, a Minnesota
municipal corporation, Grantee.
Recitals
A. Grantors are the fee owners of the property described on Exhibit A attached hereto, which
property is located in Hennepin County, Minnesota (the "Property ").
B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantors, Grantors grant and convey to the Grantee the following easement:
A perpetual, non- exclusive easement for drainage, utility, and seasonal roadway
maintenance purposes over, under, across and through that part of the Property described
on Exhibit B (the "Easement Area "), attached hereto and made a part hereof.
2. Scope of Easement. — Grantors hereby agree to construct a turnaround in the Easement
Area consistent with plans and specifications approved by the City Engineer. Ongoing
maintenance of the turnaround area shall be the responsibility of the City of Shorewood.
Grantors hereby further agree that they will not perform or allow or cause the construction of any
improvements on the Easement Area which could damage or obstruct the Easement Area or
interfere with Grantee's access to or Grantee's right to maintain and repair public utilities and the
roadway maintenance turnaround on the Easement Area.
3. Rights of Grantee. Grantors, for itself, their successors and assigns, grant to the Grantee
the affirmative right, but not the obligation, to do the following in the Easement Area:
a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantors.
Any such enhancements made by Grantee shall be maintained by Grantee, at no
cost to Grantors.
b. Enter upon the Easement Area at any time to enforce compliance with the terms
of this Easement.
C. Take such other action as the Grantee deems necessary or advisable in its sole
discretion to enforce compliance with the terms of this Easement.
d. Install and maintain monuments or markers delineating the Easement Area.
4. Warranty of Title. The Grantors warrant that they are the owners of the Property as
described above and have the right, title and capacity to convey to the Grantee the Easement
herein.
I� i 1
5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the Easement Area or Property prior to the date of this instrument.
6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run
with the land and be binding on the Grantors, and Grantors' heirs, successors and assigns. This
Easement is enforceable by the City of Shorewood acting through its City Council.
STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2015.
GRANTORS:
Ian Friendly
Carol_ Friendly
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
GRANTEE:
CITY OF SHOREWOOD, MINNESOTA
C
Its: City Clerk
The foregoing instrument was acknowledged before me this day of 12015,
by Ian Friendly and Carol Friendly, husband and wife.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2015,
by Jean Panchyshyn, the City Clerk of the City of Shorewood, Minnesota.
THIS INSTRUMENT DRAFTED BY:
Leonard, Street and Deinard
Professional Association
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Edited by Shorewood Planning Departmen
Notary Public
NOTARY STAMP OR SEAL
t
LEGAL DESCRIPTION — FRIENDLY PROPERTY
(insert legal description of property)
10.140611`C3108
LEGAL DESCRIPTION - EASEMENT AREA
(insert legal description of easement area)