21-124 Vacating Sewer Easement for Property Located at 5530 Howards Point RoadCITY OF SHOREWOOD
RESOLUTION NO.21-124
A RESOLUTION VACATING SEWER EASEMENT
FOR PROPERTY LOCATED AT 5530 HOWARDS POINT ROAD
RECITALS
WHEREAS, Jonathan G. and Emily C. Van Wyck , (the "Applicants") owns the property
legally described as:
Lot 5, Auditor's Subdivision No. 367, Hennepin County, Minnesota; and
WHEREAS, the Applicants submitted to the City of Shorewood a petition on August 11,
2021 requesting the vacation of an easement within their parcel (the "Vacation"); and,
WHEREAS, pursuant to Minnesota Statutes §412.851, notice of the Vacation was
provided to the Commissioner of the Department of Natural Resources (DNR) with opportunity
to comment; and,
WHEREAS, the DNR submitted no reply, objections or proposed restrictions as to the
Vacation; and,
WHEREAS, the City of Shorewood requires the dedication of a correct easement
centered over the existing sewer main; and,
WHEREAS, notice of public hearing on the proposed Vacation of sewer easement in the
City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood
edition of the SUN -SAILOR NEWSPAPER on the September 30th and October 71h, 2021; and,
WHEREAS, said notice of public hearing was posted on the city's website and at the
Shorewood City Hall; and,
WHEREAS, the City of Shorewood City Council heard all interested parties on the
question of the Vacation at a public hearing on the 25th day of October, 2021, in the Council
Chambers at the City Hall.
RESOLUTION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota that the easements legally described as follows and depicted in Exhibit A
is hereby vacated for public sewer purposes:
All that portion of the 15.00 foot wide Sanitary Sewer Easement as described in
Document No. 1103527, filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, lying within Lot 5, AUDITOR'S SUBDIVISION NUMBER 367, according
to the recorded plat thereof, Hennepin County, Minnesota. The center line of said portion
lying within Lot 5 being more particularly described as follows:
Commencing at the northwest corner of said Lot 5; thence southerly along the westerly
line of said Lot 5 on an assumed bearing of South 11 degrees 13 minutes 25 seconds East
for 56.48 feet to the point of beginning of the center line to be described; thence North 48
degrees 31 minutes 32 seconds East for 97.28 feet to the northeasterly line of said Lot 5
and said center line there terminating.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed
to record this resolution with the Hennepin County Recorder and Surveyor's Offices in
accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 251"
day of October, 2021.
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Jen ' er Lab die, Mayor
ATTEST:
San ie Thone, City Clerk
EXHBIT A:
EASEMENT VACATION EXHIBIT 5530 HOWARD VT. RD
Auditor's Subdivislort Number 367
DESCRIPTION City of Shorewood, Herriepin Cou*, Wnesota
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Project No. 20298 SHEET I OF I
Existing Certs
1524069
1111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 5908748
Certified, filed and/or recorded on
Dec 16, 2021 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 2379858E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
Dated: December 9, 2021
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 21-124: VACATING
SEWER EASEMENT FOR PROPERTY LOCATED AT 5530 HOWARDS POINT ROAD
was approved by the Shorewood City Council on October 25, 2021. The attached Resolution 21-
124 is a true and correct copy adopted by the Council of the City of Shorewood and is so
recorded in the minutes of a meeting held on the 25th day of October 2021.
Sandie Thone
City Clerk
DRAFTED BY:
SHOREWOOD CITY CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331�ecs.�
A RESOLUTION VACATING SEWER EASEMENT
FOR PROPERTY LOCATED AT 5530 HOWARDS POINT ROAD
RECITALS
WHEREAS, Jonathan G. and Emily C. Van Wyck , (the "Applicants") owns the property
legally described as:
Lot 5, Auditor's Subdivision No. 367, Hennepin County, Minnesota; and
WHEREAS, the Applicants submitted to the City of Shorewood a petition on August 11,
2021 requesting the vacation of an easement within their parcel (the "Vacation"); and,
WHEREAS, pursuant to Minnesota Statutes §412.851, notice of the Vacation was
provided to the Commissioner of the Department of Natural Resources (DNR) with opportunity
to comment; and,
WHEREAS, the DNR submitted no reply, objections or proposed restrictions as to the
Vacation; and,
WHEREAS, the City of Shorewood requires the dedication of a correct easement
centered over the existing sewer main; and,
WHEREAS, notice of public hearing on the proposed Vacation of sewer easement in the
City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood
edition of the SUN -SAILOR NEWSPAPER on the September 301" and October 7t", 2021; and,
WHEREAS, said notice of public hearing was posted on the city's website and at the
Shorewood City Hall; and,
WHEREAS, the City of Shorewood City Council heard all interested parties on the
question of the Vacation at a public hearing on the 251" day of October, 2021, in the Council
Chambers at the City Hall.
RESOLUTION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota that the easements legally described as follows and depicted in Exhibit A
is hereby vacated for public sewer purposes:
All that portion of the 15.00 foot wide Sanitary Sewer Easement as described in
Document No. 1103527, filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, lying within Lot 5, AUDITOR'S SUBDIVISION NUMBER 367, according
to the recorded plat thereof, Hennepin County, Minnesota. The center line of said portion
lying within Lot 5 being more particularly described as follows:
Commencing at the northwest comer of said Lot 5; thence southerly along the westerly
line of said Lot 5 on an assumed bearing of South 11 degrees 13 minutes 25 seconds East
for 56.48 feet to the point of beginning of the center line to be described; thence North 48
degrees 31 minutes 32 seconds East for 97.28 feet to the northeasterly line of said Lot 5
and said center line there terminating.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed
to record this resolution with the Hennepin County Recorder and Surveyor's Offices in
accordance with Minnesota Statutes.
ATTEST:
SaI47e Thone, City Clerk
1"allbbil
EASEMENT VACATION EXHIBIT 5530 HOWARD PT. RD.
Audlor's SubdMalon Number 367
DESCRIPTION Cfty of Shorewoock Hennsph Cou*, k4mesota
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Project No. 20298 SHEET I OF I
No delinquent taxes
Transfer Entered
Dec 16, 2021 4:30 PM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
Existing Certs
1524069
111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 5908749
Certified, filed and/or recorded on
Dec 16, 2021 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 2379858E
Document Recording Fee $46.00
Document Total
$46.00
This cover sheet is now a permanent part of the recorded document.
GRANT OF SEWER EASEMENT
THIS GRANT OF EASEMENT is made on the �` day of l )c��.b ,
2021, by Jonathan G Van Wyck and Emily C. Van Wyck, a married couple (Grantors), to
the CITY OF SHOREWOOD, a Minnesota municipal corporation (Grantee).
RECITALS
Grantors are the owners in fee simple of real property in the County of Hennepin,
Minnesota, which is legally described as follows (the Easein:nt Tract)
Lot 5, Auditor's Subdivision No. 367, Hennepin County, Minnesota; and
Grantee desires to use a portion of the Easement Tract for the construction and
maintenance of sewer improvements.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantors:
1.) Permanent Easement - Grantors hereby grant to Grantee, its successors
and assigns, a permanent easement (the Permanent Easement) for drainage and utility
purposes over, under, upon and across that portion of the Easement Tract legally
described and graphically depicted in Exhibit A. The Permanent Easement shall
permanently run with the title to the Easement Tract and shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs, successors and assigns,
including, but without limitation all subsequent owners of the Easement Tract and all
persons claiming under them.
2.) Use of Easement Tract - Grantors hereby agree that they will not perform
or allow or cause the construction of any improvements on the Permanent Easement
which could damage or obstruct the Permanent Easement or interfere with Grantee's
access to or Grantee's right to construct, maintain and repair the utilities on the
Permanent Easement.
3.) Warranty of Title - Grantors represent and warrant to Grantee that they are
the only owners of fee simple title to the Easement Tract, and that there are no
undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy
agreements, or any other encumbrances or verbal or written agreement of any nature
whatsoever affecting title to the Easement Tract. Grantors, on behalf of themselves, their
successors, and assigns, hereby indemnify and hold harmless Grantee against and from
all claims for loss, damage, or expenses which may be incurred or asserted by Grantors or
any parry whose consent is required to be obtained hereunder, in connection with this
Grant of Easement or Grantee's use of the Permanent Easement pursuant to this Grant of
Easement.
4.) Governing Law - This Grant of Easement shall be construed and governed
by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
Easement on the above date.
By:
By: L
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2 '� day of
1�26 % 6 , 2021, by Jonathan G. Van Wyck and Emily C. Van Wyck.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
952-960-7912
MORTGAGEE'S CONSENT
TO EASEMENT
Mortgage Electronic Registration Systems, Inc. as nominee for Alerus Financial, N.A. dba Alerus
Mortgage, which holds a mortgage on the Easement Tract, hereby consents to the filing
of that certain easement attached hereto.
Dated this 25th day of October, 2021.
BY:
i rl s
ITS:
Assistant Secretary
STATE OF _Minnesota )
(ss.)
COUNTY OF _Hennepin )
The foregoing instrument was acknowledged before me this 25th day of October, 202I,
by Kimberly S Kaus, Assistant Secretary.
.ear
r'F<a\rP MELISSA ANN ST JEAN
=aNotary Public
Minnesota
x: My Commission Expires NOTARY rIC
�;, Jan 31, 2027
EXHIBIT A: Legal Description of Easement:
An easement for sewer purposes over, under and across a portion of Lot 5, AUDITOR'S
SUBDIVISION NUMBER 367, according to the recorded plat thereof, Hennepin County,
Minnesota. Said easement being a 15.00 foot wide strip of land, the center line of which is
described as follows:
Commencing at the northwest corner of said Lot 5; thence southerly along the westerly line of
said Lot 5 on an assumed bearing of South 11 degrees 13 minutes 25 seconds East for 92.17 feet
to the point of beginning of the center line to be described; thence North 76 degrees 16 minutes
48 seconds East for 13.61 feet; thence North 41 degrees 00 minutes 31 seconds East for 104.45
feet to the northeasterly line of said Lot 5 and said center line there terminating.
the sidelines of said easement shall be shortened or prolonged to begin on said westerly
line ai.0 temninate an said northcastvrly line.
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Pr*d No. 20298 SHEET 2 OF S
5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900
. www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
December 9, 2021
Hennepin County Recorder's Office
A-500 Government Center
300 South 6t" Street
Minneapolis, MN 55487-0055
In Re: Recording of Resolutions
Please find a certified copy of Resolution 21-124 Vacating an Easement and the original of a
Grant of Sewer Easement for 5530 Howards Point Road for Recording in your office. Payment for
the recording in the amount of $92.00 ($46.00 for each document) is included. A self-addressed
stamped envelope is included for return of the recorded documents. If you should have any
questions or require anything additional, please do not hesitate to contact me.
Thank you,
Sandie Thone
City Clerk/Human Resources Director
City of Shorewood
sthone@ci.shorewood.rnn.us
952.960.7911