02-035CITY OF SHOREWOOD
RESOLUTION NO. 02-035
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Richard A. Bowman and Terri L. Bowman (Applicants) are the owners of
certain real property (the Shorewood Parcel) in the City of Shorewood, County of Hennepin,
State of Minnesota, legally described as:
"Lot 1, Blockl, R Bowman Addition, Hennepin County, Minnesota"; and
WHEREAS, the Applicants also own a parcel of land (the Deephaven Parcel) located in
the City of Deephaven, County of Hennepin, State of Minnesota, legally described as:
"Lot 68, Auditor's Subdivision No. 141, Hennepin County, Minnesota; and
WHEREAS, the Applicants propose to sell the Deephaven Parcel and the north 40 feet
of the Shorewood parcel to Kawell Associates, Inc., a Minnesota Corporation and have applied to
the City for a subdivision of the Shorewood parcel; and
WHEREAS, the subdivision 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:
The Shorewood Parcel be divided into two parcels, legally described in Exhibit A,
attached hereto and made a part hereof.
2. 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 Restrictive Covenant,
attached hereto as Exhibit B and made a part hereof, 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 22nd day of
April2002. /
ATTEST:
I
DAWSON, CITY ADMINISTRATOR/CLERK
MAYOR
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7
I
Legal Description — Bowman Homestead
Lot 1, Block 1, R Bowman Addition, Hennepin County, Minnesota, except the North 40.00 feet
thereof.
Legal Description — North 40 Feet
The North 40.00 feet of Lot 1, Block 1, R Bowman Addition, Hennepin County, Minnesota.
Exhibit A
Restrictive Covenant
• THIS AGREEMENT, entered into this day of 6, 2002, by, between
and among Richard A. Bowman and Terri L. Bowman, husband aid wife, (hereinafter referred to
as "Bowman") and Kawell Associates, Inc., a Minnesota corporation, (hereinafter referred to as
"Kawell") and the City of Shorewood.
WHEREAS, Bowman is the fee owner of certain real property located in the City of
is Shorewood in Hennepin County, Minnesota and legally described as:
Lot 1, Block 1, R Bowman Addition. Hennepin County, Minnesota
and is also the fee owner of certain real property located in the City of Deephaven in
Hennepin County, Minnesota which is legally described as:
Lot 68, Auditor's Subdivision No. 141. Hennepin County, Minnesota
WHEREAS, Bowman and Kawell executed a Purchase Agreement (the "Purchase
Agreement") for the purchase and sale of the following described parcel of property situated in
Hennepin County, Minnesota (hereinafter referred to as the "Property"):
Lot 68, Auditor's Subdivision No. 141 (hereinafter referred to as "Parcel A")
and
The North 40.00 feet of Lot 1, Block 1, R Bowman Addition (hereinafter referred to as
"Parcel B").
WHEREAS, the Purchase Agreement expressly required that Seller obtain the consent of
the City of Shorewood for the subdivision of Lot 1, Block 1, R Bowman Addition; and
is WHEREAS, the City of Shorewood as a condition of granting the consent to said
subdivision requires that a restrictive covenant on the Property be created which would preclude
any future conveyance of only Parcel A as a separate parcel from Parcel B.
•
NOW, THEREFORE, Bowman makes the following declarations as to the limitations,
restriction and uses to which the Property may be put, and specifies that such declarations shall
constitute covenants to run with the land as provided by law and shall be binding on all parties
and all persons claiming under them:
1. Restrictive Covenant. During the duration of this Agreement, no party may
convey any part or all of Parcel A as a separate parcel from Parcel B unless the consent of the
City of Shorewood has been obtained. In addition, during the duration of this Agreement, no
party may convey any part or all of Parcel B which would separate it from Parcel A. This
restrictive covenant shall run with the land and be binding upon the parties hereto and their
successors in perpetuity, and shall not be terminated except by the termination of this
Agreement.
Exhibit B
2. Reservations. Nothing contained herein shall in anyway prohibit, restrict or limit
• Kawell, his heirs, successors or assigns from conveying, transferring, occupying or using the
Property for all purposes not inconsistent with the restrictive covenant set forth herein.
• ;. Duration. This Agreement and restrictive covenant continues until terminated,
modified or released by the registered owners of the "Property" and the City of Shorewood in
writing.
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4. Governing Law. This Agreement shall be construed under the laws of the State
of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
above first written.
Teri
KA
By:
THI
STATE OF MINNESOTA )
) ss
COUNTY OF 14Ka
The foregoing instrument was acknowledged before me this1!�day of ,
2002 by ,Bowman, husband and wife.
CHERYL L. PEDROLIE
NOTARY PUBLIC•MINNESOTA
My Commksion Expkes Jan. 31, 2005
Notary Pub c
STATE OF MINNESOTA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2002 by Mark A. Kawell, the President of Kawell Associates, Inc., a Minnesota corporation, on
e neU1®UT
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2006
Notary Public
•
s
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STATE OF MINNESOTA
COUNTY OF "lo,
ss
The foregoin instrument was acknowledged before me this ' - day of ��,
2002 by Ui��(7 11 Love, and ,
the M&V _ and of the City of Shorewood, on
behalf of the City.
" JEA�I� M PAI CHY$HYN
NOTAff PUBLIC
MINNESOTA
�°'!l4PP° •'•, A9y Cwmmis�lon E�kesJan. 31.
a6t-i t Palne-Ag-aky-n
Notary Nblic
THIS INSTRUMENT WAS DRAFTED BY:
Wilkerson & Hegna, P.L.L.P. (TJB)
7300 Metro Boulevard, Suite 300
Edina, Minnesota 55349
952-897-1707