04-041• CITY OF SHOREWOOD
RESOLUTION NO. 04-041
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Kurt C. Schwarz, President of Schwarz Builders, Inc. (Applicant) is the
owner of certain real properties in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a subdivision and combination of
said real property into two parcels legally described in Exhibit B, attached hereto and made a part
hereof; and
WHEREAS, The Applicant and all other parties holding an interest in said real property
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 Applicant and all other parties holding an interest in said real property
• have agreed to grant to the City a conservation easement legally described in Exhibit D, attached
hereto and made a part hereof; and
WHEREAS, The Applicant and all other parties holding an interest in said real property
have agreed to grant a driveway easement legally described in Exhibit E, attached hereto and
made a part hereof, in favor of the northerly parcel (Parcel B) described in Exhibit A; and
WHEREAS, the subdivision and combination 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:
l . That the real property legally described in Exhibit A be divided into two parcels,
legally described in Exhibit B, attached hereto and made a part hereof.
2. That the City Clerk furnish the Applicant with a certified copy of this resolution
for recording purposes.
3. That the Applicant record this resolution, together with the drainage and utility
easements legally described in Exhibit C, the conservation easement legally described in Exhibit
D, and the driveway easement described in Exhibit E, 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 loth day of
May 2004.
ATTEST:
•
1�
WOODY LOVE, MAYOR
DA'WSON, CITY CLERK/ADMINISTRATOR
2
•
That oart of Lot 79, Aud/tors Subd1!,,s/on No.. 13, ,, Hennepin Count' M/rrnesota described as
fo/loiys• Beginning of the southeast corner of said Lot 79,• thence North along the east line
thereof a distance of 4.T0 feet,• thence west at right ang/es a dlstonce of J70.5J feet to a
.,00%t. 150 feet. east . of the west line' of said Lot 79 thence South parallel to and 150 feet
east of file west /ihe thereof a distance of 540. 7,Y .feet to the south line of said Lot 79,
t/ience easterly along the southery line thereof, a distance of .394. 1 feet to the place of
beginning. -
except that port of Lof 79, Auditors.; Subdiw/sion No.. fJJ,, . flenne0h7 Coun y -- Minnesota
o'e • 0&d os follows • Beginning 'at the Southeast comer of said Lot 79., thence North along
fhe 'East //ne. thereof a d •stance , of 4,Y0 feet,- thence West at right : oag/es a diWa17.Ce : of
9.3.3 feet, thence ,South ,00ral/e/ to : aid 9, 3: 3 feet dYes1 of the last. /ne : of acid. Lot 79, o
dstance ..of :3.37 feet,' thence So thery' a d/stance of '160. feet. to a. pa/nt on . tfie .South
✓ne;-.of:,sa�b! Lot 79,, d/st47171 1200 feet Sor✓thwestery 'fi'vrn the Southeast corner of sold lot,
os :measured o%ng said Socith .line of Lat 79, - thence Northeasterly o%ng the South line of
said Lot, 79 10 the point of beginning ' For the purposes : of this. description, the Southery
one :of said Lot 79 has been assumed to be the Norther/y, line of Yellowstone.. Tra/L
Exhibit A
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•
Parcel A
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles 93.30 feet; thence southerly parallel with
and 93.30 feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet to the point
of beginning; thence continuing along said parallel line 105.27 feet; thence southerly 160 feet,
more or less, to a point on the southerly line of said Lot 79, distant 120.0 feet southwesterly of
the southeasterly corner of said lot, as measured along said southerly line; thence westerly along
said southerly line 153.26 feet to its intersection with a line drawn parallel with and 270.00 feet
easterly of the westerly line of said Lot 79; thence northerly along said parallel line 299.47 feet
to its intersection with a line (hereinafter known as line "A") as drawn westerly from the point of
beginning, at right angles to the easterly line of said Lot 79; thence easterly, along said line "A",
a distance of 157.70 feet to the point of beginning. For the purposes of this description, the
southerly line of said Lot 79 has been assumed to be the northerly line of Yellowstone Trail as
monumented.
.11MR1
Parcel B
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast comer of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles, along a line hereinafter known as line
"B", a distance of 93.30 feet to the point of beginning; thence southerly parallel with and 93.30
feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet; thence westerly at right
angles to the easterly line of said Lot 79, a distance of 157.70 feet, to the intersection with a line
drawn parallel with and 270.00 feet easterly of the westerly line of said Lot 79; thence southerly
along said parallel line, 299.47 feet to its intersection with the southerly line of said Lot 79;
thence westerly, along said southerly line, 120.12 feet to its intersection with a line drawn
parallel with and 150.00 feet easterly of the westerly line of said Lot 79; thence northerly along
said parallel line 536.86 feet to its intersection with the westerly extension of said line "B";
thence easterly, along said line "B" extended, 278.80 feet to the point of beginning. For the
purposes of this description, the southerly line of said Lot 79 has been assumed to be the
northerly line of Yellowstone Trail as monumented. Together with an easement for driveway
purposes over and across the easterly 20.00 feet of that part of Lot 79, Auditor's Subdivision No.
133, Hennepin County, Minnesota described as follows: Commencing at the Southeast comer of
said Lot 79; thence northerly along the easterly line thereof, 430.00 feet; thence westerly at right
angles 93.30 feet; thence southerly parallel with and 93.30 feet westerly of the easterly line of
said Lot 79, a distance of 231.73 feet to the point of beginning; thence continuing along said
Exhibit B
•
DRAINAGE AND UTILITY EASEMENT
Date: March 30, 2004
(State Deed Tax Exempt)
For valuable consideration, Schwarz Builders, Inc., a corporation under the laws of the
State of Minnesota, Grantor does hereby grant, convey and quit claim to the City of
Shorewood, a Minnesota municipal corporation, its successors and assigns, Grantee, a
permanent easement for drainage and general public utility purposes over, under and across
part of certain real property owned by Grantor located in Hennepin County, Minnesota,
legally described on Exhibit A attached hereto and made a part hereof, said land hereinafter
referred to as the "Property."
Said easements being confined to that part of said property described on Exhibit B attached
hereto and made a part hereof, said land hereinafter referred to as the "Easement Area."
This easement includes the right of ingress and egress to said easement and the right
of the City of Shorewood and its employees, agents, designees and assigns, to go upon said
easement area at any time to construct and install such drainage, utility and storm sewer
facilities of such type, size, character and in such manner as it may determine, and to use,
improve, maintain and repair such facility and the easement area.
This easement also includes the right of the City of Shorewood to use and remove all
earth, fill, trees, timber, shrubs, grasses and any other materials or objects within the
easement area. Grantee shall, after initial installation of the facilities provided by this
easement and after any future maintenance or repair, restore the land subject to the easement
to as near its original condition as is reasonably possible.
Grantor agrees that it will not place objects upon the easement area nor use the
easement area for any purpose that will interfere with the public right, use and operation
• granted by this easement.
Exhibit C
. Grantor covenants that it is the owner of the above -described land and easement area
in fee simple and in possession of said land and that it has good and lawful right to convey
this easement.
•
This easement shall run with the above -described land and shall be binding upon the
Grantor, its heirs, successors and assigns.
SCHWARZ ERS, IN
By:
Kurt C. Schwarz
Its: President
STATE OF MINNESOTA )
)SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2004, by Kurt C. Schwarz, the President of Schwarz Builders, Inc., a
corporation under the laws of the State of Minnesota, on behalf of the corporation.
BRADLEY J MCKiSWN
Notary Public —Minnesota
t.
7crn>SI��� Vdy Comm Expires .tar 31, 2006 F
otary Public
THIS INSTRUMENT WAS DRAFTED BY:
Bradley W. Solheim
Melchert, Hubert, Sjodin, PLLP
121 West Main Street, Suite 200
Waconia, MN 55387
LAChristineTasementADrainage and Utility Easement -Schwartz TM 20033494.doc
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EXHIBIT A
Parcel A
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles 93.30 feet; thence southerly parallel with
and 93.30 feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet to the point
of beginning; thence continuing along said parallel line 105.27 feet; thence southerly 160 feet,
more or less, to a point on the southerly line of said Lot 79, distant 120.0 feet southwesterly of
the southeasterly corner of said lot, as measured along said southerly line; thence westerly along
said southerly line 153.26 feet to its intersection with a line drawn parallel with and 270.00 feet
easterly of the westerly line of said Lot 79; thence northerly along said parallel line 299.47 feet
to its intersection with a line (hereinafter known as line "A") as drawn westerly from the point of
beginning, at right angles to the easterly line of said Lot 79; thence easterly, along said line "A",
a distance of 157.70 feet to the point of beginning. For the purposes of this description, the
southerly line of said Lot 79 has been assumed to be the northerly line of Yellowstone Trail as
monumented.
EWD
Parcel B
• That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles, along a line hereinafter known as line
"B", a distance of 93.30 feet to the point of beginning; thence southerly parallel with and 93.30
feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet; thence westerly at right
angles to the easterly line of said Lot 79, a distance of 157.70 feet, to the intersection with a line
drawn parallel with and 270.00 feet easterly of the westerly line of said Lot 79; thence southerly
along said parallel line, 299.47 feet to its intersection with the southerly line of said Lot 79;
thence westerly, along said southerly line, 120.12 feet to its intersection with a line drawn
parallel with and 150.00 feet easterly of the westerly line of said Lot 79; thence northerly along
said parallel line 536.86 feet to its intersection with the westerly extension of said line "B";
thence easterly, along said line "B" extended, 278.80 feet to the point of beginning. For the
purposes of this description, the southerly line of said Lot 79 has been assumed to be the
northerly line of Yellowstone Trail as monumented. Together with an easement for driveway
purposes over and across the easterly 20.00 feet of that part of Lot 79, Auditor's Subdivision No.
133, Hennepin County, Minnesota described as follows: Commencing at the Southeast corner of
said Lot 79; thence northerly along the easterly line thereof, 430.00 feet; thence westerly at right
angles 93.30 feet; thence southerly parallel with and 93.30 feet westerly of the easterly line of
said Lot 79, a distance of 231.73 feet to the point of beginning; thence continuing along said
• L:\Christine\Easements\Drainage and Utility Easement -Schwartz TM 20033494.doc
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• EXHIBIT B
Parcel A Drainage and Utility Easement Description:
The southerly, northerly, easterly and westerly 10.00 feet of that part of Lot 79, Auditor's
Subdivision No. 133, Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 79; thence northerly along the
easterly line thereof, 430.00 feet; thence westerly at right angles 93.30 feet; thence
southerly parallel with and 93.30 feet westerly of the easterly line of said Lot 79, a
distance of 231.73 feet to the point of beginning; thence continuing along said parallel
line 105.27 feet; thence southerly 160 feet to a point on the southerly line of said Lot
79, distant 120.0 feet southwesterly of the southeasterly corner of said lot, as
measured along said southerly line; thence westerly along said southerly line 153.26
feet to its intersection with a line drawn parallel with and 270.00 feet easterly of the
westerly line of said Lot 79; thence northerly along said parallel line 299.47 feet to its
intersection with a line (hereinafter known as line "A") as drawn westerly from the
point of beginning, at right angles to the easterly line of said Lot 79; thence easterly,
along said line "A," a distance of 157.70 feet to the point of beginning. For the
purposes of this description, the southerly line of said Lot 79 has been assumed to be
the northerly line of Yellowstone Trail as monumented.
Parcel B Drainage and Utility Easement Description.
The southerly, northerly, easterly and westerly 10.00 feet of that part of Lot 79, Auditor's
Subdivision No. 133, Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 79; thence northerly along the
easterly line thereof, 430.00 feet; thence westerly at right angles, along a line
hereinafter known as line `B" a distance of 93.30 feet to the point of beginning;
thence southerly parallel with and 93.30 feet westerly of the easterly line of said Lot
79, a distance of 231.73 feet; thence westerly at right angles to the easterly line of said
Lot 79, a distance of 157.70 feet, to the intersection with a line drawn parallel with
and 270.00 feet easterly of the westerly line of said Lot 79; thence southerly along
said parallel line, 299.47 feet to its intersection with the southerly line of said Lot 79;
thence westerly along said southerly line, 120.12 feet to its intersection with a line
drawn parallel with and 150.00 feet easterly of the westerly line of said Lot 79; thence
northerly along said parallel line 536.86 feet to its intersection with the westerly
extension of said line `B"; thence easterly, along said line `B" extended, 278.80 feet
to the point of beginning. For the purposes of this description, the southerly line of
said Lot 79 has been assumed to be the northerly line of Yellowstone Trail as
monumented.
• LAChristineTasementsTrainage and Utility Easement -Schwartz T 120033494.doc
0
CONSERVATION EASEMENT
THIS EASEMENT is given this -3a'�+� day off 2004, by Schwarz
Builders, Inc., a corporation under the laws of the State of Minnesota, hereinafter referred to as
"Grantor," to the City of Shorewood, a Minnesota municipal corporation, hereinafter referred to
as "City."
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
• described on Exhibit A attached hereto and made a part hereof, said land hereinafter referred to
as the "Property"; and
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgages, and encumbrances; and
WHEREAS, Grantor, at the request of City, will grant to City a conservation easement
for conservation and preservation of the terrain and vegetation, and to prohibit certain
destructive acts thereon, over that portion of the property, as described on Exhibit B attached
hereto, hereinafter referred to as the "Easement Area."
NOW, THEREFORE, in consideration of the premises contained herein, Grantor
conveys the following easement and encumbers the Easement Area with the following
restrictions:
1. Grantor hereby conveys to City, its successors and assigns, an easement in,
under, on, and over the conservation easement area referred to as the Easement
Area, and City hereby accepts such conveyance.
•
Exhibit D
• 2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural
condition. No trees, shrubs, or other vegetation shall be planted upon the
Easement Area and no trees, shrubs, or other vegetation shall be removed
from the Easement Area without the prior written consent of the City.
B. No building, road, sign, billboard, utility, or other man-made structure
shall be placed in the Easement Area without the prior written consent of
City.
C. No trash, waste, or other offensive material, soil, or landfill shall be
placed upon or within the Easement Area without the prior written
consent of the City.
D. No change in the general topography of the Easement Area landscape
including, but not limited to, excavation, dredging, movement, or removal
of soil shall be allowed without the prior written consent of the City.
E. The duration of the Easement is perpetual.
• F. With respect to the Easement Area, Grantor represents and warrants as
follows:
0
1) That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
2) That to the best of Grantor's knowledge, Grantor has not allowed
any other person to use, employ, deposit, store, dispose of, place
or otherwise have in or on the Easement Area any hazardous
substances.
3) That to the best of Grantor's knowledge, no previous owner,
operator or possessor of the Easement Area deposited, stored,
disposed of, placed, or otherwise allowed in or on the Easement
Area any hazardous substances.
3. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein.
4. This Easement shall bind and inure to the Grantor and City and their successors
and assigns.
2
5. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
ZBy.SCHW UI DERS,
yA& I?
r v/
Kurt C. Schwarz
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF Wfrjv1,
The foregoing instrument was acknowledged before me this day of
2004, by Kurt C. Schwarz, the President of Schwarz Builders, Inc., a
corporation under the laws of the State of Minnesota, on behalf of the corporation.
�
t� ;yet Public Aa1i�3�� Notary Publ'
� ;vy Conm Exp'r95.E3r, 31.
THIS INSTRUMENT WAS DRAFTED BY:
Bradley W. Solheim
Melchert, Hubert, Sjodin, PLLP
121 West Main Street, Suite 200
Waconia, MN 55387
L:\Christine\Easements\Conservation Ease TM 20033494.doc
C7
Parcel A
EXHIBIT A
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles 93.30 feet; thence southerly parallel with
and 93.30 feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet to the point
of beginning; thence continuing along said parallel line 105.27 feet; thence southerly 160 feet,
more or less, to a point on the southerly line of said Lot 79, distant 120.0 feet southwesterly of
the southeasterly corner of said lot, as measured along said southerly line; thence westerly along
said southerly line 153.26 feet to its intersection with a line drawn parallel with and 270.00 feet
easterly of the westerly line of said Lot 79; thence northerly along said parallel line 299.47 feet
to its intersection with a line (hereinafter known as line "A") as drawn westerly from the point of
beginning, at right angles to the easterly line of said Lot 79; thence easterly, along said line "A",
a distance of 157.70 feet to the point of beginning. For the purposes of this description, the
southerly line of said Lot 79 has been assumed to be the northerly line of Yellowstone Trail as
monumented.
"IN
Parcel B
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles, along a line hereinafter known as line
"B", a distance of 93.30 feet to the point of beginning; thence southerly parallel with and 93.30
feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet; thence westerly at right
angles to the easterly line of said Lot 79, a distance of 157.70 feet, to the intersection with a line
drawn parallel with and 270.00 feet easterly of the westerly line of said Lot 79; thence southerly
along said parallel line, 299.47 feet to its intersection with the southerly line of said Lot 79;
thence westerly, along said southerly line, 120.12 feet to its intersection with a line drawn
parallel with and 150.00 feet easterly of the westerly line of said Lot 79; thence northerly along
said parallel line 536.86 feet to its intersection with the westerly extension of said line "B";
thence easterly, along said line "B" extended, 278.80 feet to the point of beginning. For the
purposes of this description, the southerly line of said Lot 79 has been assumed to be the
northerly line of Yellowstone Trail as monumented.
L:\Christine\Easements\Conservation Ease TM 20033494.doc
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• EXHIBIT B
Conservation Easement Area (applies to both parcels):
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows:
Beginning at the intersection of the southerly line of said Lot 79 and a line drawn parallel with
and 150.00 feet easterly of the westerly line of said Lot 79; thence North 0 degrees 23 minutes
30 seconds East, assumed bearing along said parallel line, 536.86 feet; thence South 89 degrees
20 minutes 13 seconds East 169.24 feet; thence South 50 degrees 14 minutes 19 seconds East
50.65 feet: thence South 29 degrees 02 minutes 34 seconds East 18.83 feet; thence South 3
degrees 46 minutes 45 seconds East 17.77 feet; thence South 25 degrees 10 minutes 33 seconds
West 17.31 feet; thence South 53 degrees 45 minutes 03 seconds West 28.56 feet; thence South 2
degrees 29 minutes 59 seconds East 31.49 feet; thence South 9 degrees 06 minutes 11 seconds
West 22.32 feet; thence South 17 degrees 55 minutes 25 seconds West 19.48 feet; thence South
50 degrees 23 minutes 33 seconds West 35.51 feet; thence South 11 degrees 27 minutes 40
seconds East 30.11 feet; thence South 17 degrees 29 minutes 38 seconds West 16.87 feet; thence
South 49 degree 11 minutes 51 seconds West 32.14 feet; thence South 0 degrees 33 minutes 04
seconds West 19.47 feet; thence South 19 degrees 45 minutes 04 seconds East 23.81 feet; thence
South 9 degrees 12 minutes 14 seconds West 16.82 feet; thence South 41 degrees 15 minutes 27
seconds West 31.11 feet; thence South 2 degrees 51 minutes 48 seconds West 40.95 feet; thence
• South 20 degrees 47 minutes 26 seconds East 24.96 feet; thence South 3 degrees 07 minutes 40
seconds West 19.29 feet; thence South 22 degrees 16 minutes 07 seconds West 22.22 feet;
thence South 24 degrees 09 minutes 18 seconds West 41.12 feet; thence South 48 degrees 38
minutes 39 seconds West 75.26 feet to the southerly line of said Lot 79; thence South 88 degrees
12 minutes 34 seconds West 41.54 feet, along said southerly line, to the point of beginning.
L:\Christine\Easements\Conservation Ease TM 20033494.doc
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DECLARATION OF DRIVEWAY EASEMENT
This Declaration of Driveway Easement ("Declaration") is made as of the 3 6+1, day of
1z, � 2004, by Kurt C. Schwarz, the President of Schwarz Builders, Inc., a
corporation under the laws of the State of Minnesota ("Declarant").
RECITALS:
A. Declarant is the fee owner of certain real property located in the County of
Hennepin legally described as follows:
0 See legal description attached as Exhibit A
and which is referred to herein as the "Burdened Parcel."
B. Declarant is also the fee owner of certain real property located in the County of
Hennepin legally described as follows:
See legal description attached as Exhibit B
and which is referred to herein as the "Benefited Parcel."
C. Declarant desires to create a perpetual non-exclusive easement for driveway
purposes on, over and across portions of the Burdened Parcel for the benefit of the Benefited
Parcel.
NOW, THEREFORE, Declarant hereby declares as follows:
1. Declaration of Driveway Easement. Declarant hereby declares and establishes a
perpetual non-exclusive easement for driveway purposes on, over and across those portions of
the Burdened Parcel described as follows:
• The easterly 20.00 feet of that part of Lot 79, Auditor's Subdivision No. 133, Hennepin
County, Minnesota described as follows: Commencing at the Southeast corner of said Lot
Exhibit E
79; thence northerly along the easterly line thereof, 430.00 feet; thence westerly at right
• angles 93.30 feet; thence southerly parallel with and 93.30 feet westerly of the easterly
line of said Lot 79, a distance of 231.73 feet to the point of beginning; thence continuing
along said parallel line 105.27 feet; thence southerly 160 feet, more or less, to a point on
the southerly line of said Lot 79, distant 120.0 feet southwesterly of the southeasterly
corner of said lot, as measured along said southerly line; thence westerly along said
southerly line 153.26 feet to its intersection with a line drawn parallel with and 270.00
feet easterly of the westerly line of said Lot 79; thence northerly along said parallel line
299.47 feet to its intersection with a line (hereinafter known as line "A") as drawn
westerly from the point of beginning, at right angles to the easterly line of said Lot 79;
thence easterly, along said line "A", a distance of 157.70 feet to the point of beginning.
For the purposes of this description, the southerly line of said Lot 79 has been assumed to
be the northerly line of Yellowstone Trail as monumented. Subject to the encroachment
by the existing garage located on the Burdened Parcel.
and which is referred to herein as the "Driveway Easement."
2. Maintenance. After the initial construction of the driveway, the owner of
Benefited parcel shall be responsible for maintaining the driveway at all times as a roadway
in good condition and repair, free from ice, snow and other debris. The cost of necessary
maintenance and repair, including snow, ice and debris removal shall be borne by the owner
of the Benefited Parcel.
M3. Continuous Access. The owners of each Parcel shall not do or permit anything
on the Driveway Easement which may impede, limit or restrict the usual and customary use of
the driveway. All maintenance and repairs of the Driveway Easement shall be performed in such a
manner so as to cause as little interference as possible with the continuing use thereof by the fee
owner of the Burdened Parcel.
4. Ridits. The owners of the Benefited Parcel hereby receives the full and free
right of ingress and egress on said Driveway Easement for them, their tenants, servants, visitors,
and licensees, in common with all others having the like right, at all times hereafter, with or
without vehicles of any description, for all purposes connected with the use and enjoyment of
said easement.
5. Binding. This Declaration shall run with the Property and shall be binding on all
parties having any right, title or interest in the described Property or any part thereof, their heirs,
personal representatives, successors and assigns, and shall inure to the benefit of each owner
thereof.
6. Appurtenant Effect. All the terms, covenants, conditions, rights and privileges
set forth in this Declaration shall be perpetual and shall be appurtenant to, and run with, the land.
2
•
•
0
IN WITNESS WHEREOF, the Declarant has hereunto set his hand the day and year
first above written.
SCHWARZ BUILDERS, INC
By:.r
Kurt. chw z
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF A )
The foregoing instrument was acknowledged before me this ' 5-0 ;nt/ day of
/"%cr,,f , 2004 by Kurt C. Schwarz, the President of Schwarz Builders, Inc., a corporation
under the laws of the State of Minnesota, on behalf of the corporation.
BRADLEY J MCKOWN
public -Minnesota
Notary
1181My Comm Ex� Jan 31, 2005 Notary Publi
THIS INSTRUMENT WAS DRAFTED BY:
Bradley W. Solheim
Melchert Hubert Sjodin, PLLP
121 West Main Street, Suite 200
Waconia, MN 55387
L:\Christine\Easements\Declaration of Driveway Easement TM 20033494.doc
• EXHIBIT A
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles 93.30 feet; thence southerly parallel with
and 93.30 feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet to the point
of beginning; thence continuing along said parallel line 105.27 feet; thence southerly 160 feet,
more or less, to a point on the southerly line of said Lot 79, distant 120.0 feet southwesterly of
the southeasterly corner of said lot, as measured along said southerly line; thence westerly along
said southerly line 153.26 feet to its intersection with a line drawn parallel with and 270.00 feet
easterly of the westerly line of said Lot 79; thence northerly along said parallel line 299.47 feet
to its intersection with a line (hereinafter known as line "A") as drawn westerly from the point of
beginning, at right angles to the easterly line of said Lot 79; thence easterly, along said line "A",
a distance of 157.70 feet to the point of beginning. For the purposes of this description, the
southerly line of said Lot 79 has been assumed to be the northerly line of Yellowstone Trail as
monumented.
•
•
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• EXHIBIT B
C
r�
That part of Lot 79, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 79; thence northerly along the easterly
line thereof, 430.00 feet; thence westerly at right angles, along a line hereinafter known as line
"B", a distance of 93.30 feet to the point of beginning; thence southerly parallel with and 93.30
feet westerly of the easterly line of said Lot 79, a distance of 231.73 feet; thence westerly at right
angles to the easterly line of said Lot 79, a distance of 157.70 feet, to the intersection with a line
drawn parallel with and 270.00 feet easterly of the westerly line of said Lot 79; thence southerly
along said parallel line, 299.47 feet to its intersection with the southerly line of said Lot 79;
thence westerly, along said southerly line, 120.12 feet to its intersection with a line drawn
parallel with and 150.00 feet easterly of the westerly line of said Lot 79; thence northerly along
said parallel line 536.86 feet to its intersection with the westerly extension of said line "B";
thence easterly, along said line "B" extended, 278.80 feet to the point of beginning. For the
purposes of this description, the southerly line of said Lot 79 has been assumed to be the
northerly line of Yellowstone Trail as monumented.
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