03-020• CITY OF SHOREWOOD
RESOLUTION NO.03-020
RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY OF
ENCHANTED POINT
WHEREAS, Notice of Public Hearing on the proposed vacation of a portion of the
public right-of-way of Enchanted Point in the City of Shorewood, Hennepin County, Minnesota,
was published in the Excelsior/Shorewood edition of the SUN*SAILOR NEWSPAPER on the
13th and 20th days of February, 2003, and in the the LAKER NEWSPAPER on the 15' and 22nd
days of February, 2003; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 24th day of February, 2003, in the Council
Chambers at .the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the public right-of-way legally described in Exhibit A, attached
• hereto and made a part hereof, be and hereby is vacated.
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BE IT FURTHER RESOLVED, in consideration for said vacation the owners of the
property located at 4495 Enchanted Lane shall grant the City an easement for purposes of
drainage and utilities over, under and across the property legally described in Exhibit B, attached
hereto and made a part hereof.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
Offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of March, 2003.
ATTEST: ODY LOVE, MAYOR
.ATOR/CITY CLERK
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LEGAL DESCRIPTION FOR PROPOSED VACATION:
That part of Enchanted Lane as platted in AUDITOR'S SUBDIVISION NO.354, Hennepin County, Minnesota,
lying northeasterly of a line described as:
Commencing at the most northerly corner of Lot 3 Block 3 of ENCHANTED PARK, thence southerly along the
westerly line thereof 13.00 feet to the point of beginning of the line to be described; thence northwesterly to the
intersection of the westerly Right of Way of said Enchanted_Lane and the southerly line of Lot 17 in said
AUDITOR'S SUBDIVISION NO.354 and there terminating.
Exhibit A
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LEGAL DESCRIPTION OF THE PROPOSED EASEMENT:
That part of Enchanted Lane and Lot 17 as platted in AUDITOR'S SUBDIVISION NO.354,'Hennepin County,
Minnesota, described as follows:
Commencing at the most northerly corner of Lot 3 Block 3 of ENCHANTED PARK, thence southerly along the
westerly line thereof 13.00 feet to the point of beginning of the parcel to be described; thence northwesterly
along a line that runs through the intersection of the West Right of Way of said Enchanted Lane and the
southerly line of Lot 17 to the South line of a sewer easement as described in Document No. 4125131; thence
southeast along the southerly line of said sewer easement to the southeast corner of said sewer easement; thence
southerly to the point of beginning.
Exhibit B
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GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made on the ;9 q¢h day of /
2003, by CARRIE A. HALVORSON AND RICHARD P. HAAI{ANA, (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 on Exhibit A attached hereto (the Easement Tract).
Grantee desires to use a portion of the Easement Tract for the construction and
maintenance of drainage and utility improvements.
is 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 on Exhibit B. 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 drainage and utilities on
the Permanent Easement.
3.) Warranty of Title - Grantors represent and warrant to Grantee that they are
is 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 party 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.
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is
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.
GRANTEE:
CITY OF SHOREWOOD
By:
Its: Mayor
GRANTOR:
By:
am A. Halvorson
By:
Richard P. Haakana
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this y-_ day of
2003, by Woody Love and Craig W. Dawson, the Mayor and City
Administrator/Clerk, respectively of the City of Shorewood, a Minnesota municipal
corporation, on behalf of the corporation.
' PAMELA J.HELl,ING
> NOTARY PUBLIC
„ My Comr fi38ion Expires Jan. 31, 2005
. _,:. f;
STATE OF MINNESOTA
Notary Public
) ss.
COUNTY OF HENNEPIN )
tj
The foregoing instrument was acknowledged before me this �day of
2003, by Carrie A. Halvorson.
JULIE A. BORGESON
11 NOTARY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2005
STATE OF MINNESOTA
1�b
��' y
No Public
t
) ss.
COUNTY OF HENNEPIN )
ic
The foregoing instrument was acknowledged before me this_day of
2003, by Richard P. Haakana.
tj,ti.,
No Public
r
• JULIE A. BORGESON
NOTARY PUBLIC - MINNESOTA
�.a e MY COMMISSION
'h..
EXPIRES JAN. 31, 2005
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THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department
AND REVIEWED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(952) 896-3203
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LEGAL DESCRIPTION OF PROPERTY:
That part of AUDITOR'S SUBDIVISION NO.354, Hennepin County, Minnesota, described as:
Beginning at themost northerly corner of Lot 3 Block 3 of ENCHANTED PARK, thence southerly along the
westerly line thereof 13 feet, thence easterly to a point on the northerly line of said Lot 3 a distance of 73.32 feet
southeasterly from the most northerly corner thereof, thence northerly 118.01 feet to a point on the northeasterly
b of lot 13 AUDITOR'S SUBDIVISION NO.354 a distance of 37.5 feet northwesterly from the most easterly
c r thereof, thence northwesterly to the most northerly corner of Lot 12 of AUDITOR'S SUBDIVISION NO.
35 , thence southwesterly to the most westerly corner thereof, thence northwesterly along the northeasterly line
of Lot 17 AUDITOR'S SUBDIVISION NO.354 to the most northerly corner therof, thence southwesterly to the
most westerly comer of thereof, thence southeasterly along the southwesterly line thereof to the point of
beginning.
0 Exhibit A
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LEGAL DESCRIPTION OF THE PROPOSED EASEMENT:
That part of Enchanted Lane and Lot 17 as platted in AUDITOR'S SUBDIVISION NO.354,.Hennepin County,
Minnesota, described as follows:
Commencing at the most northerly corner of Lot 3 Block 3 of ENCHANTED PARK, thence. southerly along the
he point of beginning of the parcel to be described; thence northwesterly
westerly line thereof 13.00 feet tot
along a line that runs through the intersection of the West Right of Way of said Enchanted Lane and the
southerly line of Lot 17 to the South line of a sewer easement as described in Document No. 4125131; thence
southeast along the southerly line of said sewer easement to the southeast corner of said sewer easement; thence
southerly to the point of beginning.
Exhibit B