00-059RESOLUTION NO: 00-059
• A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Ted Bigos and Kirk Dickey (Applicants) are the owners of certain real
property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as:
"That part of Lot 5, Block 1, and that part of Lot 8, Block 1, Boyer's Sterling Estates
lying North of the South line of Section 31, Township 117 North, Range 23 West of the
51h Principal Meridian, Hennepin County, Minnesota"; and
WHEREAS, the Applicants have applied to the City for a subdivision of said real
property into two parcels legally described in Exhibit A, attached hereto and made a part hereof;
and
WHEREAS, the subdivision requested by the Applicants complies in all respects with
the Shorewood Zoning Code, subject to certain conditions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
• 1. That the real property legally described above be divided into two parcels, legally
described in Exhibit A, attached hereto and made a part hereof.
2. That the subdivision is conditioned upon the applicants recording deed restrictions
as shown on Exhibit B, attached hereto and made a part hereof, stating that the parcels described
in Exhibit A will not be sold separately from the adjoining lots located in the City of Chanhassen,
County of Carver.
3. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
4. That the Applicants record this resolution 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 12th day of
June 2000.
_i
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. SEN, XCTING CITY ADMINISTRATOR
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•
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Proposed Legal Descriptions
Dickey Parcel:
"That part of Lot 5, Block 1, Boyer's Sterling Estates lying North of the South Line of
Section 33, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin
County, Minnesota"
Bigos Parcel:
"That part of Lot 8, Block 1, Boyer's Sterling Estates lying North of the South Line of
Section 33, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin
County, Minnesota:
Exhibit A
•
RESTRICTIVE COVENANTS
WHEREAS, the properties subject to these restrictive
covenants are:
Lot 5, Block 1, Boyer's Sterling Estates (hereinafter
sometimes "Lot 5"); and
Lot 8, Block 1, Boyer's Sterling Estates (hereinafter
sometimes "Lot 8")
WHEREAS, both properties are located in Carver County,
Minnesota and Hennepin County, Minnesota; and
WHEREAS, the northern parts of Lot 5 and Lot 8, Block 1,
Boyer's Sterling Estates are located in Hennepin County and the
southerly parts of Lot 5 and Lot 8, Block 1, Boyer's Sterling
Estates are located in Carver County; and
• WHEREAS, Lot 5 and Lot 8, Block 1, Boyer's Sterling Estates
located in Hennepin County had one PID number, i.e. 117 23 33
0027; and
WHEREAS, Lot 5 and Lot 8, Block 1, Boyer's Sterling Estates
located in Hennepin County is also located in the City of
Shorewood; and
WHEREAS, the parties acknowledge that consideration for this
restrictive covenant is the splitting of that part of Lot 5
located in Hennepin County from that part of Lot 8 located in
Hennepin County to insure separate tax identification numbers and
tax allocation; and
WHEREAS, Lots 5 and 8 are owned separately; and
• WHEREAS, Lot 5 is owned by Kirk Dickey and Lot 8 is owned by
Ted Bigos; and Exhibit B
WHEREAS, in order to sell Lot 8, the City of Shorewood
. required a zoning/subdivision application to be filed, in order
to obtain a separate Hennepin County P.I.D. number; and
WHEREAS, as a condition of approval of the split of Lot 5
from Lot 8 for purposes of obtaining a separate Hennepin County
P.I.D. number, the City of Shorewood required that a restrictive
covenant be placed upon Lots 5 and 8 so the portion of Lot 5
located in Hennepin County could not be further split or divided
from that part of Lot 5 located in Carver County; and the portion
of Lot 8 located in Hennepin County could not be further split or
divided from that part of Lot 8 located in Carver County; and
NOW THEREFORE, IT IS HEREBY AGREED AMONG THE PARTIES THAT in
pursuance of a general plan for the protection and benefit of the
• properties legally described as:
Lot 5, Block 1, Boyer's Sterling Estates ("Lot 5") and
Lot 8, Block 1, Boyer's Sterling Estates ("Lot 8"),
the undersigned owners of their respective lots do hereby
covenant and agree for the benefit of the City of Shorewood, a
municipal body politic, as follows:
That portion of Lot 5 located in Hennepin County shall not
be further subdivided or conveyed separately from that portion of
Lot 5 located in Carver County; and
That portion of Lot 8 located in Hennepin County shall not
be further subdivided or conveyed separately from that portion of
Lot 8 located in Carver County.
• Notwithstanding anything herein to the contrary, this
0
covenant, condition and restriction shall not limit the owner of
• Lot 5 for themselves, their successors and assigns from conveying
Lot 5 as one lot.
Notwithstanding anything herein to the contrary, this
covenant, condition and restriction shall not limit the owner of
Lot 8 for themselves, their successors and assigns from conveying
Lot 8 as one lot.
Neither shall this restrictive covenant prevent the erection
and maintenance of a residential home or other structure on the
properties as long as such construction shall comply with all
other zoning codes, ordinances and regulations.
This restrictive covenant shall run with the land.
. Kirk A. Dickey
Linda J. M. Dickey
Ted Bigos
Nancy R. Bigos
CITY OF SHOREWOOD
A Municipal Corporation
By
Its
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:7
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me by Kirk
A. Dickey and Linda J. M. Dickey, husband and wife.
Notary
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me by Ted
Bigos and Nancy R. Bigos, husband and wife.
Notary
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 20001 by ,
of the City of Shorewood, a Municipal
Corporation, on behalf of the City of Shorewood.
Notary
This instrument drafted by:
Joel A. Seltz, Esq.
SELTZ & SELTZ, PLLP
A Professional Limited Liability Partnership
Suite 425, 6600 France Ave. S.
Minneapolis, MN 55435
(612) 925-4147
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