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04-104 . . . CITY OF SHOREWOOD RESOLUTION NO. 04-104 A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, the City of Shorewood (the "City") is the owner of certain real property ("City Property") located in the City of Shorewood, legally described as: "The Northerly Half of the Westerly Half of Lot 21, Block 1, "ENCHANTED PARK" LAKE MINNETONKA"; 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, 16, 20, the Easterly Half of Lot 21, and the Southerly Half of the Westerly Half of 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 portion 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 four parcels legally described in Exhibit A, attached hereto and made a part hereof; 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 real properties legally described above be divided into four parcels, legally described in Exhibit A, attached hereto and made a part hereof. 2. The proposed subdivision and combination is subject to the Trustees deeding Parcels 1, 2 and 3 to the of Shorewood 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 Parcel 4 to the Trustees or their successors or assIgns. 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 04-054 is hereby rescinded. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2 4. WOODY LOVE, MAYOR ATTEST: C N, CITY/ADMINISTRATOR/CLERK . . . 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 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 ofthe 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 of73.00 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 of35.00 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 ofthe 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 P ARK 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 of25.92 feet; thence along a tangential curve concave to the east having a radius of73.00 feet and central angle of33 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 to its intersection with the east line of said North half of the West Half, and said line ~ . there ending. Dated: ,2004 CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) )ss . I, Jean Panchyshn, duly appointed Deputy Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing official resolution 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 1 st of June, 2004. Jean Panchyshyn Deputy Clerk GP:1590040 v2 .