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01-046RESOLUTION NO. 01-046 • A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, William F. Hoh and Jeanette M. Miller (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 and illustrated on Exhibit C, 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, and illustrated in Exhibit C, attached hereto and made a part hereof.. • 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 D, attached, and the Declaration of Easement, shown on Exhibit E, 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 SHOREWOOD this 13th day of August 2001. At WOODY LOVE, MAYOR A TTRQT- • 0 is • Existing Legal Descriptions Hoh Parcel: The North 89.0 feet of the East 273.0 feet of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 25, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota Miller Parcel: Lot 1, Block 2, Shady Hills, according to the plat thereto of file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota Exhibit A 0 • Proposed Legal Descriptions Hoh Parcel: The North 89.0 feet of the East 273.0 feet of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 25, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota, and the South 10.0 feet of Lot 1, Block 2, Shady Hills, Hennepin County, Minnesota Miller Parcel: Lot 1, Block 2, Shady Hills, according to the plat thereto of file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, except for the South 10.0 feet thereof Exhibit B CERTIFICATE OF SURVEY . FOR WILLIAM HOH IN THE SE 1/4 OF SEC. 25-1 17-23 HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES SHADY HILLS ROAD Hoh parcel The North 89.0 feet of the East 273.0 feet of = S 89*57' 00" E 108.00 " 1 the Southeast Quarter of the Southeast Quarter`f i of Section 25, Townshipil7 North, Range 23 y West of the 5th Principal Meridian. f%`; I \. i Neighbor's parcel 1 1 I Lot 1, Block 2, SHADY HILLS 1 + � PROPOSED PARCEL TO BE CONVEYED TO MR. HOH The South 10.0 feet of Lot 1, Block 2, SHADY HILLS ' I ' 1 PROPOSED 10 FOOD WIDE DRAINAGE AND UTILITY EASEMENT TO THE CITY The South 10.0 feet of Lot 1, Block 2, SHADY HILLS =EXISTING�� PROPOSED ROAD TO BE DEEDED TO THE CITY ,as..... ro The East 33.00 feet of The North 89.0 feet of the N East 273.0 feet of the Southeast Quarter of the Southeast Quarter of Section 25, Township 117 North, Range 23 West of the 5th Principal Meridian. Q1 Q o : •denotes iron marker W 1 Bearings shown are based upon an assured datum. o 0 0 6J� This survey intends to show the boundaries of the o I a fi o o 1 above described property, the location of two existing 0 0 houses, and the proposed location of a proposed addition, Z �1 d proposed dividing line thereon. It does not purport show any other improvements or erlcr0achments. 0 1 " 1 W I '+ PROPOSED PROPOSED PARCEL zl _ ' DIVIDING : rT0 BE CONVEYED LINE '\I %` TO MR. HOH ' i _ _ _�L _ rrjr' 132.00 ._.._...__.." PROPOSED 10' DRAINAGE 4 UTILITY EASENEM-'•'„„-YY-_.•-•••__ - ,,."«-. =,'7' 106.00 10, .".-."'. j: I S 89'4140" E 244 273.00 •` �, NORTH LINE OF S PROPOSED 0 O i/4 OF SE 1/4 OF SEG. 25-117-23 , , xu a3..._........ > �- V O O 01 GO I I DO DECK DECK EAST LIE OF I SE 1/4 OF SE 1/4-J ............... -"• O -."~" « OF SEC. 25-M-23 EXISTING I C, w 00—jl----- I 7 w � O 0 HOUSE I o Qo °00 BLACKTOP DRIVEWAY i A 0 z 132.06 ti 107.94 1 33.00 - .. N 89°41' 40" W 273.00 - 0 QUIT CLAIM DEED Individual(s) to Corporation or Partnership •No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Rea_ 1 Estate Value No. _ ,19 • • By County Auditor Deputy STATE DEED TAX DUE HEREON: $ Date: FOR VALUABLE CONSIDERATION, William F. Hoh and Patricia L. Hoh (husband and wife), Grantors, hereby convey and quit claim to the City of Shorewood, Grantee, a under the laws of Minnesota, real property in Hennepin County, Minnesota, described as follows: A permanent easement for drainage and utility purposes, over, under and across the South 10 feet of Lot 1, Block 2, Shady Hills, Hennepin County, Minnesota. together with all hereditaments and appurtenances belonging thereto. The Sellers hereby certify that Sellers do not know of any wells on the described real property. Total consideration is less than $500.00. (Affix Deed Tax Stamp Here) 7Patrdicia2 mF. HohSTATE OF MINNESOTA)ss.COUNTY OF HENNEPIN ) L. Hoh The foregoing instrument was acknowledged before me this /ay of , 200_L_, by William Hoh an firs. JUDITH H. JOHNSON NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2005 ;o6tary Public 1%v1/M1hq.'st4AVif tIOA X This instrument was drafted by: WILKERSON & HEGNA, P.L.L.P. 1100 Northland Plaza 3800 West 80th Street Bloomington, MN 55431-4426 Tax Statements for the real property described in this instrument should be sent to: City of Shorewood 5755 Country Club Road Shorewood,MN 55331 Exhibit D • CONSENT TO EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED CONSENTS to the easements conveyed by Quit Claim Deed by William F. Hoh and Patricia L. Hoh, husband and wide, as grantors to the City of Shorewood as grantee. Said Quit Claim Deed is attached hereto as Exhibit "A" and made a part hereof. Said premises are encumbered by those two certain mortgages given by William F. Hoh and Patricia L. Hoh, husband and wife, husband and wife to Norwest Bank Minnesota National Association, dated August 7, 1993, recorded December 17, 1993 as Document Number 6201373; and dated April 3, 1999, filed June 15, 1999 as Document Number 7128790, it being expressly understood that this consent shall in no way affect the rights of obligations contained in said mortgage or note secured thereon, except as it operates as a consent to the conveyance referred to above. Dated this day of (�tCC - , 2001. Wells Fargo Bank Minnesota National Association Formerly Norwest Bank Minnesota National Association By 5� By STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) Subscribed to and sworn before me this 164day of V, 2001, by and / ' di f f SeA1 , a ' and espectively, of Wells Fargo Bqnk,Minnesota, National Association. of Public +► sr My commission expires: LCMI p This instrument drafted by: Wilkerson and Hegna, P.L.L.P. Gary Wilkerson A Professional Limited Liability Partnership One Corporate Center III, Suite 300 7300 Metro Drive Edina, MN 55439-2302 (952) 897-1707 0 0 DECLARATION OF EASEMENT This Declaration of Easement (the "Declaration") is made this OZ/ s�day of u cd 2001, by William F. Hoh and Patricia L. Hoh, husband and wife (the • "Declarant"). WHEREAS, Declarant is the owner of certain real property located in the County of Hennepin, State of Minnesota, and legally described as The East 33 feet of the North 89 feet of the East 273 feet of the Southeast Quarter of the Southeast Quarter of Section 25, Township 117 North, Range 23 West of the 5tn Principal Meridian (the "burdened Property"); and WHEREAS, as a condition for approval of the Declarant's request for approval of a simple subdivision and combination, the city of Shorewood (the "City") has required that an right-of-way easement be dedicated over and across a part of the Burdened Property for public access, subject to the conditions set forth herein. THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and for other valuable consideration, Declarant, for itself, and its successors and assigns, hereby dedicates, grants and conveys to the City, for the benefit of the public, a permanent, non-exclusive easement over and across the Burdened Property (the "Easement Area"), for access, subject to the conditions and restrictions set forth herein. • 1. The Easement Area shall be used exclusively for road right-of-way purposes on Vine Hill Road and for drainage and utility purposes. Exhibit E • 2. Storage of any personal property on the Easement Area shall be prohibited. 3. This Declaration shall be construed in accordance with the laws of the state of Minnesota. The easements and restrictions established herein shall run with the land and shall be binding upon and inure to the benefit of the owners of the Burdened Property, and their successors and assigns, the City and the public. In witness whereof, Declarant has caused this Declaration to be executed as of the date set forth above. lliam F. Hoh Patricia L. Hoh State of Minnesota ) County of j p. nzojO ) • The foregoing instrument was acknowledged before me thisS�' day of 200 , by William F. Hoh and Patricia L. Hoh. otaky- Public This instrument was drafted by: , Wilkerson & Hegna, PLLP �` L©RIB LANG 7300 Metro Boulevard, Suite 300 NotAs+c Puauc-u►�sorA Edina, MN 55439 MycommisdonEzpMJU.Si. 2006 z• 22885HJ.agi 0 I CONSENT TO EASEMENT • KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED CONSENTS to the easements conveyed by Declaration of Easement by William F. Hoh and Patricia L. Hoh, husband and wife, as grantors to the City of Shorewood as grantee. Said Declaration of Easement is attached hereto as Exhibit "A" and made a part hereof. Said premises are encumbered by those two certain mortgages given by William F. Hoh and Patricia L. Hoh, husband and wife, to Norwest Bank Mimlesota National Association, dated August 7, 1993, recorded December 17, 1993 as Document Number 6201373; and dated April 3, 1999, filed June 15, 1999 as Document Number 7128790, it being expressly understood that this consent shall in no way affect the rights of obligations contained in said mortgage or note secured thereon, except as it operates as a consent to the conveyance referred to above. Dated this day of S , 2001. Wells Fargo Bank Minnesota National Association Formerly Norwest Bank Minnesota National Association By G" BY,'G! • STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN) Subscribed to and sworn before me this 2& day of S 2001, by /3Y0e.K WqAzh and iri'Sh,r-- • 11d_%'i , a / " a';A'ez2 and a zrs,AnA / t� � respectively, of Wells Fargo Bank Minnesota, National Association. . ... .' . I a 4NotPublic G' My Commission expires:-3/-��; This instrument drafted by: Wilkerson & Hegna, PLLP Gary Wilkerson A Professional Limited Liability Partnership One Corporate Center III, Suite 300 7300 Metro Drive Edina, MN 55439-2302 (952) 897-1707 Agree\cte arnNvw • LORI B. LANG PUBLIC-MINNES07A jVNIOTARY mission Expires Jan. 31, 2006