05-005• CITY OF SHOREWOOD
RESOLUTION NO.05-005
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, the City of Shorewood (the "City") is the registered owner of
certain real property ("City Property") located in the City of Shorewood, by virtue of a
use deed from the State of Minnesota, of the following described property, subject to a
use restriction for street and right of reverter in favor of the State of Minnesota, Doc. No.
1829497 (the "Reverter"):
Lot 21, Block 1, "Enchanted Park" Lake Minnetonka, Minn., lying Westerly of a
line drawn from a point on the Northeasterly line of said Lot 21 midway between
the most Northerly and the most Easterly corners of said lot to a point on the
Southwesterly line of said Lot 21 midway between the most Westerly and the
most Southerly corners of said lot and lying Northerly of a line drawn from a
point on the Northwesterly line of said Lot 21 midway between the most
Northerly and the most Westerly corners of said lot to a point on the Southeasterly
line of said Lot 21 midway between the most Easterly and the most Southerly
corners of said lot.; and
• WHEREAS, Francis J. Zucco and Mary Anne Grams, as trustees for the benefit
of Francis J. Zucco and for the uses and purposes set forth in the Will of Alice Drake
Zucco, also known as Alice D. Zucco, deceased (collectively, the "Trustees"), are the
Hennepin County Probate Court -decreed distributees of certain real property ("Zucco
Property") located in the City of Shorewood, legally described as:
•
Lots 15 and 16, Block 1, "ENCHANTED PARK" LAKE MINNETONKA and
Lot 20 and the Easterly Half of Lot 21, and the Southerly Half of the Westerly
Half of said Lot 21, all in Block 1, "ENCHANTED PARK" LAKE
MINNETONKA, Hennepin County, Minnesota, according to the recorded plat
thereof.; and
WHEREAS, the City has constructed a road which encroaches on a pol Lion of the
Zucco Property and the City Property abuts a portion of the Zucco Property; and
WHEREAS, the City and Trustees have agreed to exchange an equal amount of
land to enable the City to relocate and improve the configuration of the City road and to
eliminate the encroachment of the City road onto the Zucco Property; and
WHEREAS, to facilitate the exchange, the City and Trustees have agreed to
subdivide and combine their respective properties into separate parcels, hereinafter
described; and
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• WHEREAS, prior to, and in order to effect the Exchange, the City of Shorewood
proposes to convey the City Property to the State of Minnesota to extinguish the Reverter
and proceed to acquire fee simple title to the City Property from the State of Minnesota,
the reasonable value and consideration for which acquisition shall be established and
determined by the Hennepin County Assessor; and
WHEREAS, the subdivision and combination proposed by the City and the
Trustees 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. The City shall reconvey the City Property to the State of Minnesota using
the form and legal description prescribed by the State of Minnesota
Department of Revenue for reconveyances of property.
The City will take the steps necessary to acquire fee title from the State of
Minnesota to the City Property, using the legal description on the Certificate
of Title as follows:
Lot 21, Block 1, "Enchanted Park" Lake Minnetonka, Minn., lying
Westerly of a line drawn from a point on the Northeasterly line of said
• Lot 21 midway between the most Northerly and the most Easterly
corners of said lot to a point on the Southwesterly line of said Lot 21
midway between the most Westerly and the most Southerly corners of
said lot and lying Northerly of a line drawn from a point on the
Northwesterly line of said Lot 21 midway between the most Northerly
and the most Westerly corners of said lot to a point on the Southeasterly
line of said Lot 21 midway between the most Easterly and the most
Southerly corners of said lot.
2. The proposed subdivision and combination is subject to the Trustees
deeding Parcels 1, 2, and 3, legally described in Exhibit A, attached hereto
for public right-of-way and utility purposes.
3. In consideration of the Trustees' conveyance of Parcels 1, 2, and 3 to the
City, the City agrees to convey the following described parcel (Parcel 4) to
the Trustees or their successors or assigns:
That part of the following described parcel:
Lot 21, Block 1, "Enchanted Park" Lake Minnetonka, Minn., lying
Westerly of a line drawn from a point on the Northeasterly line of said
Lot 21 midway between the most Northerly and the most Easterly
• corners of said lot to a point on the Southwesterly line of said Lot 21
midway between the most Westerly and the most Southerly corners of
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• said lot and lying Northerly of a line drawn from a point on the
Northwesterly line of said Lot 21 midway between the most Northerly
and the most Westerly corners of said lot to a point on the Southeasterly
line of said Lot 21 midway between the most Easterly and the most
Southerly corners of said lot.
Which lies easterly and southerly of the following described line:
Commencing at the Southwest corner of said North Half of the West
Half; thence on an assumed bearing of South 48 degrees 06 minutes 12
seconds East along the South line of said North Half of the West Half a
distance of 14.00 feet to the point of beginning of the line being
described; thence North 11 degrees 48 minutes 00 seconds East a
distance of 25.92 feet; thence along a tangential curve concave to the
east having a radius of 73.00 feet and central angle of 33 degrees 35
minutes and 00 seconds a distance of 42.79 feet to a point of compound
curvature; thence along a tangential curve concave to the southeast
having a radius of 35.00 feet to its intersection with the east line of said
North half of the West Half, and said line there ending.
4. The City Clerk will furnish the Trustees with a certified copy of this
resolution for recording purposes.
• 5. The Trustees will record this resolution together with the deeds referenced
in 2.and 3. above with the Hennepin County Recorder or Register of Titles
within Sixty (60) days of the date of the certification of this resolution.
6. Shorewood City Council Resolution 04-104 is hereby rescinded.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of January, 2005.
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ATTEST: Woody Love, Mayor
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• EXHIBIT A
Parcel 1 to be transferred from Trustees (Zucco) to the City of Shorewood
That part of the Easterly Half of Lot 21, Block 1, "ENCHANTED PARK" LAKE
MINNETONKA, which lies northerly of the following described line:
Commencing at the Southwest corner of the North half of the West Half of said
Lot 21; thence on an assumed bearing of South 48 degrees 06 minutes 12 seconds
East along the South line of said North half of the West Half a distance of 14.00
feet to the point of beginning of the line being described; thence North 11 degrees
48 minutes 00 seconds East a distance of 25.92 feet; thence along a tangential
curve concave to the east having a radius of 73.00 feet and central angle of 33
degrees 35 minutes 00 seconds a distance of 42.79 feet to a point of compound
curvature; thence along a tangential curve concave to the southeast having a
radius of 35.00 feet to its intersection with the west line of said East Half; thence
easterly to a point on the North line of said East Half of Lot 21 distant 34.13 feet
easterly, as measured along said North line, from the most northerly corner of said
East Half, and said line there ending.
Parcel 2 to be transferred by the Trustees (Zucco) to the City of Shorewood
The Northerly 21.30 feet of Lot 16, Block 1, "ENCHANTED PARK" LAKE
• MINNETONKA
Parcel 3 to be transferred by the Trustees (Zucco) to the City of Shorewood
That part of Lot 20, said Block 1, which lies easterly of a line drawn from the
point of intersection of the South line of the North 21.30 feet of said Lot 16 with
the East line of said Lot 20, to a point on the North line of said Lot 20 distant
25.58 feet Westerly, as measured along said North line, from the Northeast corner
of said Lot 20.
Parcel 4 to be transferred from the City of Shorewood to the Trustees (Zucco)
That part of the North Half of the West Half of Lot 21, Block 1, 'ENCHANTED
PARK" LAKE MINNETONKA, which lies easterly of the following described
line:
Commencing at the Southwest corner of said North Half of the West Half. thence
on an assumed bearing of South 48 degrees 06 minutes 12 seconds East along the
South line of said North Half of the West Half a distance of 14.00 feet to the point
of beginning of the line being described; thence North 11 degrees 48 minutes 00
seconds East a distance of 25.92 feet; thence along a tangential curve concave to
the east having a radius of 73.00 feet and central angle of 33 degrees 35 minutes
and 00 seconds a distance of 42.79 feet to a point of compound curvature; thence
• along a tangential curve concave to the southeast having a radius of 35.00 feet to
its intersection with the east line of said North half of the West Half, and said line
there ending.
M