02-025' RESOLUTION NO. 02- 025
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Michael Clausen and William Schenkel (Applicants) are the owners 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 Applicants have applied to the City for a subdivision and combination
of said real properties into two parcels legally described in Exhibit B, attached hereto and made a
part hereof; 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:
1. 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..
is 2. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
3. That the Applicants record this resolution together with the drainage and utility
easements, shown on Exhibit C and D, attached, 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
March 2002. 'n ' , /
WOODY
ATTEST:
CRAI.'DAWSON, CITY ADMINISTRATOR/CLERK
0
REWOOD this 25th day of
MAYOR
•
•
•
EXISTING LEGAL DESCRIPTION - CLAUSEN
All of Lots 6 and 13
and that part of Lots 7 and 12
lying west of a line drawn.
parallel
with and distant 10
feet west of the east line of said
Lots 7 and 12, all in Block 1,
MANN'S ADDITION TO
BIRCH BLUFF LAKE MINNETONKA;
also that part of Block 8,
MANN'S
ADDITION LAKE MINNETONKA, lying between the southerly extensions of the. west
line of
Lot 15, Block 1, said
addition, and the westerly line of
the- east 34 feet of Lot
12, Block 1,
said addition.
EXISTING LEGAL DESCRIPTION-SCHENKEL
Lots 5 and 14 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA.
Exhibit A
PROPOSED LEGAL DESCRIPTION PARCEL A (SCHENKEL)
.Lot 5 Block 1, MANN'S ADDITION TO BIRCH SLUFF LAKE MINNETONKA, according to the
• recorded plat thereof, Hennepin County, Minnesota.
Together with:
The westerly 26.74 feet of Lot 6 Block 1, saiid MANN'S ADDITION TO BIRCH BLUFF LAKE
MINNETONKA.
Together with:
All that part of Lot 14 Block 1, and the westerly 26.74 feet of Lot 13 Block 1, ail in sold
MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, lying northerly of the following described
line and its northeasterly extension:
Commencing at. the southwest corner of said Lot 14; 1hence norther) along the
westerly line of said Lot 14, a distance of 62,12 feet .to the point of beginning
of the line to be described; thence northeasterly, angle left 108 degrees 01 minutes
50 seconds, a distance of 97.63 feet to the easterly line of ' said westerly 26.74 feet
of Lot. 13 and there . terminating.
PROPOSED LEGAL DESCRIPTION PARCEL B (CLAUSEN)
Lot 7 Block 1, MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, according to the recored
plat thereof, Hennepin County, Minnesota, except the easterly 10 feet thereof.
ether with:
!P12 Block 1, said MANN'S ADDITION'TO BIRCH .BLUFF LAKE MINNETONKA except the
feet thereof. P easterly 1Q
Together with:
Lot 6 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, except the west
26.74 feet thereof;
Together with:
Lots 13 and 14 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, • except
that part thereof described as follows:
All that part of Lot 14 Block 1, and the westerly 26.74 feet of Lot 13 Block 1, all in said
MANN'S ADDITION TO BIRCH BLUFF .LAKE MINNETONKA, lying northerly of the following described
line and its northeasterly. extension:
Commencing at the southwest corner of said Lot 14; thence norther) along the
westerly line of said Lot 14, a distance. of 62.12 feet to the point ofbeginning
of the line to be described; thence northeasterly, angle left 108 degrees 01 minutes
50 seconds,' a distance of 97.63 feet to -the easterly line of said westerly 26.74 feet
of Lot 1.3 and there terminating.
Together with:
All that part of .Block 8, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, lying easterly
of the southerly extension of the west line of Lot 15 Block 1, said MANN'S ADDITION TO BIRCH
BLUFF LAKE MINNETONKA, and westerly of the southerly extension of the west line of the easterly
00 feet of said Lot 12.
Exhibit B
•
QUIT CLAIM GRANT OF EASEMENT
THIS QUIT CLAIM GRANT OF EASEMENT is made as of the _ day of
, 2002, by Michael J. Clausen and Jennifer S. Clausen, husband and
wife (collectively, "Grantor").
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor does hereby quitclaim unto the CITY OF
SHOREWOOD, a Minnesota municipal corporation ("Grantee"), its successors and
assigns, a perpetual, non-exclusive underground easement for drainage and utility
• purposes upon, across and under the land located in Hennepin County, Minnesota,
legally described on Exhibit A attached hereto and depicted on Exhibit B attached
hereto (the `Basement Area"), together with the right to install, operate, maintain,
repair, remove and replace such facilities at or on the surface of the Easement Area as
may be necessary to provide access to any such underground drainage or utility lines.
Grantor reserves the right to use, maintain, repair and replace its existing
driveway which is partially located within the Easement Area, as depicted on
Exhibit B. Grantee or any successor or assign shall repair any damage to the
aforementioned driveway or any other improvements or landscaping located in the
Easement Area caused by the exercise of any rights granted by this easement.
[Signature Page Follows]
•
Exhibit C
• IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date
first above written.
Michael J. Clausen
STATE OF MINNESOTA
�) ss.
COUNTY OF
< he foregoing instrument was acknowledged before me this Nay
of , 2002, by Michael J. C usen, husband o ennifer S. Clausen.
Notary Public
• Jennifer S. Clausen
STATE OF MINNESOTA )
) ss.
COUNTY OF
r before me this "day
The foregoing instrument was acknowledged� y
of , 2002, by Jennifer S. Claus n, wife of Mica 1 J. Clausen.
Notary Public
M1:856356.01
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0 By its execution of this instrument, Grantee accepts the same.
CITY OF SHORE
a Minnesota r»ni(
LN
STATE OF MINNESOTA )
Its:
)ss.
COUNTY OF lkt n )
The foregoing instrument was acknowledged before me this `day of
2002, by Wood tz)L C - ,
the IVIA� nr of CITY OF SHOREWOOD,
a Minnesota municipal corporation, on behalf of said municipal corporation.
JEAN M. PANCHYSNYN
NOTARY PnIC
p�, „��� A9y Crnardssbn Erss Jon 8i, �03el V
Nota& Public
This instrument was drafted by:
Faegre & Benson LLP (JS W)
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402-3901
(612) 766-7000
M 1:856356.01
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• . Consent of Lienholder
Beacon Bank, a Minnesota banking association ("Lienholder"), as Mortgagee
under that certain Mortgage dated June 22, 1998, filed August 31, 1998, as Document
No. 6959633, and modified by Loan Modification Agreement dated January 5, 1999, filed
February 18, 1999, as Document Number 706008, and as Mortgagee under that certain
Mortgage dated November 10, 1999, filed December 14, 1999, as Document Number
7228304, hereby consents to the grant of the foregoing Quit Claim Grant of Easement by
Michael J. Clausen and Jennifer S. Clausen to the City of Shorewood, a Minnesota municipal
corporation, and, joins in the execution hereof solely as Lienholder and hereby does agree
that in the event of the foreclosure of either said mortgage, or other sale of said property
described in said mortgages under judicial or non judicial proceedings, the same shall be sold
subject to said easement.
SIGNED AND EXECUTED this %ff day of 2002.
BEACON BANK, a
Minnesota banking association
4--
By %
Its
STATE OF MINNESOTA )
ss.
COUNTY OF )
%4
The foregoing instrument was acknowledged before me this day of
2002, by ) C VIC-n)'< , the ce%wo16 Ow Plall-)C17!'
of Beacon Bank, a Minnesota banking association, on behalf of the banking association.
Notary Public
M1:856356.01 DBORAYA `TRUDEA;U-JOH SON
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pifet Jeri. 31, 25 ;
EXHIBIT A
Legal Descrintion of Easement Area
An easement for drainage and utility purposes lying over, under and across the northerly
and easterly 10.00 feet of the following described property.
Lot 7 Block 1, MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, according to the recored
plat thereof, Hennepin County, Minnesota, except the easterly 10 feet thereof.
Together with:
An easement for drainage and utility purposes lying over, under and across the easterly and southerly
10.00 feet of the westerly 24.00 feet of the easterly 34.00 feet of Lot 12 Block 1, sold MANN'S
ADDITION TO BIRCH BLUFF LAKE MINNETONKA.
Together with:
An easement for drainage and utility purposes lying over, under and across the northerly
and westerly 10.00 feet of the following described property,
Lot 6 Block i, sold MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, except the west
26.74 feet thereof..
Together with:
A 10.00 foot easement for drainage and utility purposes lying over, under, and across Lots 13 & 14 Block 1 and Block 8, MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, according to the
recorded plot thereof, Hennepin County, -Minnesota. The northerly and westerly line of sold
easement Is described as follows:
Beginning at the southwest corner of Lot 15 Block 1, sold MANN'S ADDITION TO BIRCH BLUFF LAKE
MINNETONKA; thence northeasterly along the southerly line of sold Lot 15, a distance of 69.40
feet to the westerly line of said Lot 14, thence northerly along the westerly line of sold Lot 14,
a distance of 62.12 feet; thence northeasterly, angle left 108 degrees 01 minutes 50 seconds,
o distance of 97.63 feet to the easterly line of the westerly 26.74 feet of sold Lot 13; thence
northerly along said easterly line, a distance of 77.44 feet to the northerly Ilne of said Lot 13
and there terminating.
The sideline of sold easement shall be prolonged to terminate on sold northerly line of lot .13.
Together with:
An easement for drolnogge and utility purposes lying over, under and across the westerly,
southerly, and easterly 90.00 feet of the following described property.
All that part of Block 8, sold MANN'S ADDITION .TO BIRCH BLUFF LAKE MINNETONKA, lying easterly
of the southerly. extension of the west line of Lot 15 Block 1, said MANN'S ADDITION `TO BIRCH
BLUFF LAKE MINNETONKA, and westerly of the southerly extenslon of the west line of the easterly
34.00 feet of said • Lot 12.
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EXHIBIT B
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•
QUIT CLAIM GRANT OF EASEMENT
8 =3 y d
/l THIS QUIT CLAIM GRANT OF EASEMENT is made as of the / / day of
(.� 2002, by William L. Schenkel and Elizabeth A. Schenkel, husband and
wife (collectively, "Grantor").
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor does hereby quitclaim unto the CITY OF
SHOREWOOD, a Minnesota municipal corporation ("Grantee"), its successors and
• assigns, a perpetual, non-exclusive underground easement for drainage and utility
purposes upon, across and under the land located in Hennepin County, Minnesota,
legally described on Exhibit A attached hereto and depicted on Exhibit B attached
hereto (the "Easement Area"), together with the right to install, operate, maintain,
repair, remove and replace such facilities at or on the surface of the Easement Area as
may be necessary to provide access to any such underground drainage or utility lines.
Grantor reserves the right to use, maintain, repair and replace its existing
driveway which is partially located within the Easement Area, as depicted on
Exhibit B. Grantee or any successor or assign shall repair any damage to the
aforementioned driveway or any other improvements or landscaping located in the
Easement Area caused by the exercise of any rights granted by this easement.
[Signature Page Follows]
•
Exhibit D
• IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date
first above written.
William .Schenkel
STATE OF MINNESOTA )
ss.
COUNTY OF Y_aj� 2) )Z
The foregoing instrument was acknowledged before me this / day
An-
g g gof 2002, by William L. Schenkel, husband of Elizabeth A.
Schen el.
• ">�±btY�'e^�avJ�w6V(gj41t4VVN ■
' STEPHANIE L. SKJERVOLD
NOTARY PUBLIC-MINNESOTA
• My Commission Expires Jan. 31, 2005
aAAAAAAAA1t
Eliza,beth A. Schenkel
STATE OF MINNESOTA )
) ss.
COUNTY OF '
g
The foregoing instrument was acknowledged before me this �/�ay
Ap
of .,, 2002, by Elizabeth A. Schenkel, wife of William L. Schenkel.
Notarfi Public
" STEPHANIE L. SKJERVOLD
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2005
K
iBy its execution of this instrument, Grantee accepts the same.
CITY OF SHOREWOOD ,6
Minnesota mu ipal e
oration
By:
Its: rA la,A,�✓
STATE OF MINNESOTA )
)ss.
COUNTY OF ^ iw'l )
The foregoing instrument was acknowledged before me this, ,,2"` day of
A 0 r; 1 , 2002, by v 0 o dy Love
the tykay 0Y- of CITY OF SHOREWOOD,
a Minnesota municipal corporation, on behalf of said municipal corporation.
JEAN M. PANCHYSITYN
_ NOTARY R)BLIO
. ININNESOTA
F4yCormnisalon£xpkeeJsn 31,mm
This instrument was drafted by:
Faegre & Benson LLP (JSW)
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402-3901
(612) 766-7000
M1:857025.01
0
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Notary ublic
• . Consent of Lienholder
BankOklahoma Mortgage Corp., an Oklahoma corporation ("Lienholder"), as
Mortgagee under that certain Mortgage dated October 27, 1993, filed January 21, 1994, as
Document No. 6222865 in the County Recorder's Office in and for Hennepin County,
hereby consents to the grant of the foregoing Quit Claim Grant of Easement by William L.
Schenkel and Elizabeth A. Schenkel, husband and wife, to the City of Shorewood, a
Minnesota municipal corporation, and, joins in the execution hereof solely as Lienholder and
hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said
property described in said mortgage under judicial or non judicial proceedings, the same
shall be sold subject to said easement.
SIGNED AND EXECUTED this 19 day of (1, 2002.
9AP 1..
Oklahomaan •.• •
k..-
I&I .LJr\
•
STATE OF �Z"024)
ss.
COUNTY OF )
The for instrument was ac owledged before gie this � 17 d794IJb9;?�
f
_ 12002, by �. , the
of WankOklahoma Mortgage Corp., a klahom corporation, on behalf of the corporation.
�% \0A4P�1'Z
1 - 13 - Ole
Notwxy Public IN AND FOR
:• STATE OF
i
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9 Consent of Lienholder
Beacon Bank, a Minnesota banking association ("Lienholder"), as Mortgagee
under that certain Mortgage dated September 19, 1998, filed October 16, 1998, as Document
No. 6986788 in the County Recorder's Office in and for Hennepin County, hereby consents
to the grant of the foregoing Quit Claim Grant of Easement by William L. Schenkel and
Elizabeth A. Schenkel, husband and wife, to the City of Shorewood, a Minnesota municipal
corporation, and, joins in the execution hereof solely as Lienholder and hereby does agree
that in the event of the foreclosure of said mortgage, or other sale of said property described
in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to
said easement.
I�
SIGNED AND EXECUTED this day of r,, (� , 2002.
BEACON BANK,
a Minnesota banking association
By
Its Se ki l 'r` let- I'(- r J e [
•
STATE OF r/bj'8bo�c,
) ss.
COUNTY OF Ike, a o c r1 )
The foregoing instrument �'as acknowledged before me this --- day of
2r c 2002, by jE � Cr W1&70a_ , the Uicc de d-
of Beacon Bank, a Minnesota banking association, on behalf of the banking association.
Ml :857025.01
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DEBORA A. TRUDEAU•JOHNSON
NOTARY PUBLIC • MINNESOU
My Comm. Expires J&h. 3i, 2005
EXHIBIT A
• Legal Description of Easement Area
An easement for drainage and utility purposes lying over, under and across the
westerly, northerly, easterly, and southerly 10.00 feet of the following described property.
Lot 5 Block 1, MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, according to the
recorded plot thereof, Hennepin County, Minnesota.
Together with:
The westerly 26.74 feet of Lot 6 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE
MINNETONKA.
Together with:
All that part of Lot 14 Block 1, and the westerly 26.74 feet of Lot 13 Block 1, all in said
MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, lying northerly of the following described
line and its northeasterly extension:
Commencing at the southwest corner of said Lot 14; thence northerly along the
westerly line of said Lot 14, a distance of 62.12 feet to the point of beginning
of the line to be. described; thence northeasterly, angle left 108 degrees 01 minutes
50 seconds, a distance of 97.63 feet to the easterly line of said westerly 26.74 feet
of Lot 13 and there terminating.
0
EXHIBIT B
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