04-066CITY OF SHOREWOOD
RESOLUTION NO. 04-066
• A RESOLUTION APPROVING THE FINAL PLAT OF
SMITH MANOR PARK
WHEREAS, the final plat of Smith Manor Park has been submitted in the manner
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The plat of Smith Manor Park is hereby approved.
2. The approval is specifically conditioned upon the Developer recording the
CONSERVATION EASEMENT, attached hereto as Exhibit A and made a part
hereof, with the Hennepin County Recorder:
3. The Mayor and City Administrator/Clerk are authorized to execute the Certificate
• of Approval for the plat on behalf of the City Council.
4. The final plat, together with this resolution, shall be recorded within thirty (30)
days of the date of certification of this Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance
therewith by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the
Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
August, 2004.
ATTESTI
•
WOODY LOVE, MAYOR
ISTRATOR/CLERK
•
•
•
GRANT OF PERMANENT EASEMENT
FOR CONSERVATION PURPOSES
Smith Partners Incorporated, a Minnesota corporation, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City of
Shorewood, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, forever, a permanent conservation easement for the purposes
set forth in this instrument, over, under and across the premises described in the attached Exhibit
"A" ("Subject Property").
Grantor, its successors and assigns, agrees that the following are prohibited in perpetuity
on the Subject Property:
A. Except for any underground utilities, if any, constructing, installing, or
maintaining anything made by man, including but not limited to buildings,
structures, walkways, clothes line poles, and playground equipment.
B. Except to access utilities, cutting, removing, or altering trees or other vegetation,
except for noxious weed or tree disease control by or as consented to by a
governmental agency.
C. Excavating or filling.
D. Application of fertilizers, whether natural or chemical.
E. Application of chemicals for the destruction or retardation of vegetation.
E*sk;av A
F. The deposit of waste, yard waste, or debris.
• G. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
H. Outside storage of any kind.
I. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
J. The prohibitions contained in paragraphs C, F, H and I shall not apply during the
tear down of the house, garage and driveway existing as of the date hereof, and
during the construction period of the new dwelling.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this instrument this
'_ day of �� � cg-
2004.
GRANTOR:
Smith Partners Incorporated,
a Minnesota corporation
is By:
Its: SLY ►� �r.�.,"
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged bef re me this day of
2004, by i' J , the
of Smith Partners Incorporated, a Minnesota corporation, Grantor.
THIS INSTRUMENT DRAFTED BY:
C. Scott Massie
Attorney at Law
1055 East Wayzata Boulevard
Suite 300
• Wayzata, Minnesota 55391
CACSM\Smith, Phi!\Grant of Easement.doc
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Notary Public '
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EXHIBIT "A"
• WETLAND BUFFER LEGAL DESCRIPTION
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0
That part of Lot 2, Block 1, Smith Manor Park, according to the recorded plat thereof, Hennepin
County, Minnesota, lying southerly and southwesterly of the following described line:
Commencing at the southwest corner of said Lot 2, thence North, assumed bearing along
the west line of said Lot 2, a distance of 19.85 feet to the actual point of beginning of the
line to be described; thence North 74 degrees 26 minutes 41 seconds East, a distance of
21.94 feet; thence easterly, along a tangential curve, concave to the south, having a radius
of 35.00 feet and a central angle of 06 degrees 20 minutes 04 seconds, having an are
distance of 3.87 feet; thence North 80 degrees 46 minutes 45 seconds East, tangent to last
described curve, a distance of 40.09 feet; thence North 71 degrees 18 minutes 43 seconds
East, a distance of 18.84 feet; thence easterly, along a tangential curve, concave to the
south, having a radius of 35.00 feet and a central angle of 42 degrees 58 minutes 36
seconds, having an arc distance of 26.25 feet; thence South 65 degrees 42 minutes 40
seconds East, tangent to last described curve, a distance of 4.50 feet to the southerly line
of said Lot 2 and there terminating.
3
•
(INSERT EXHIBIT A -CONSERVATION
0 EASEMENT)
SMITH I
Most Northerly Comer of Lot 12,
Northerly Una of Lot 12. % Block 2, MINNETONKA MANOR
Block 2, MINNETONKA MANOR
Ry
I110 1 EXCEPTION
60 0�3� Drainage and ZI P
!'Utility Easement
LOT 1 �k
f, AININIr'-14k Nilt'A
r IVIIININL_I INr�i� \
BLOCK 1 2
L> O I A115oZti'
Most Easterly Corner
CV ,Drcinoge and �j n A A N I t L )1 Block 2, MINNETONK/
L Utility Easement y --
IVIi-�I N LJ I
o i LOT 2
r�-
(.) Z C4I ----i -�
• I
hOralnage and ,�—� Southerly Una of Lot 12,
Utility Easement Block
Block 2, MINNETONKA MANOR
-- ew
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rio
L- ��� — _-ro°'3,
60
0
The west line of Lot 12, Block 2, MINNETONKA MANOR
is assumed to have a bearing of North
o Denotes 112 inch by 14 inch Iron monument•
set and marked by License No. 12043
Denotes found iron monument