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97-097 . . . CITY OF SHOREWOOD RESOLUTION NO. 97- 97 A RESOLUTION CORRECTING RESOLUTION NO. 5-88 WHEREAS, Marvin L. Boote and Hazel M. Boote, husband and wife, acquired certain property from James D. Priest and Ilona G. Priest, husband and wife; and WHEREAS, in that transaction a gap in the legal descriptions describing the adjacent properties owned by the Bootes and the Priests became apparent; and WHEREAS, Resolution No. 5-88 did not accurately describe the transaction contemplated by the City, the Bootes, and the Priests; and WHEREAS, the subdivision authorized by Resolution No. 5-88 should be corrected. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. Exhibit E Attached to Resolution No. 5-88 is hereby replaced in its entirety by Exhibit E-l attached hereto. 2. In all other respects, Resolution No. 5-88 is hereby ratified and confirmed. 3. That the City Clerk furnish the Priests and Bootes with a certified copy of this resolution for recording purposes. 4. That this resolution can be recorded with the Hennepin County Recorder or Registrar of Titles. ADOPTED by the Shorewood City Council on the 10th day of November, 1997. , MAYOR . . . Exhibit E-l Parcel 4: Lot 78, and also that part of Lot 79 lying North of a line running across said Lot 79 and at right angles to the East line of said Lot 79 from a point on the said East line 430 feet North along the said East line from the Southeast corner of said Lot 79, also that part of the West 150 feet of Lot 79 lying between a line running across said Lot 79 and at right angles to the East line of said Lot 79 from a point on the said East line 430 feet North along the said East line from the Southeast corner of said Lot 79 and a line running across said Lot 79 and at right angles to the West line of said Lot 79 from a point on the said West line 242 feet North along the said West line from the Southwest corner of said Lot 79, all in Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota; and That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of Yellowstone Trail distant 190 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the east line of said Lot 3 1 to a point on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast corner thereof, and northerly of the following described line: Commencing at the intersection of the east line of said Lot 3 1 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 3 1, and there terminating; and That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Glenco Road (now Yellowstone Trail) distant 190 feet southwesterly from the intersection of the northerly line of said Glenco Road with the east line of said Lot 31 to a point on the northerly line of said Lot 3 1 distant 351.8 feet southwesterly from the northeast corner thereof, and lying northerly of a line described herein as Line X, and lying easterly of a line described herein as Line Y. Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there terminating. Description of Line Y: . . . Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Line X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 31, and there terminating. Parcel 5: That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line; thence South 76 degrees 13 minutes 10 seconds West 227.36 feet; thence South 11 degrees 57 minutes 21 seconds East 220.49 feet, to the northerly right of way line of Yellowstone Trail; thence easterly, along said right of way line, 169.93 feet, on a non-tangential curve, concave to the South, radius 934.63 feet, central angle 10 degrees 25 minutes 01 seconds, and chord bearing of North 78 degrees 58 minutes 31 seconds; to the point of beginning. Parcel 6: That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Yellowstone Trail distant 190 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the East line of said Lot 3 1 to a point on the northerly line of said Lot 3 1 distant 351.8 feet southwesterly from the northeast corner thereof, excepting that taken for roads; and excepting: That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Yellowstone Trail distant 190 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast corner thereof, and lying northerly of a line described herein as Line X, and lying easterly of a line described herein as Line Y. Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 3 1, and there terminating. Description of Line Y: Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Line X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 3 1, and there terminating; and . . . Commencing at the intersection of the east line of said Lot 3 1 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line; thence South 76 degrees 13 minutes 10 seconds West 227.36 feet, to the point of beginning; thence South 76 degrees 13 minutes 10 seconds West 24.88 feet; thence South 12 degrees 38 minutes 59 seconds East to the northerly right of way line of Trail; thence easterly along said right of way line to a line bearing South 11 degrees 57 minutes 21 seconds East from the point of beginning; thence North 11 degrees 57 minutes 21 seconds East, along said line to the point of beginning, . ~ t / ~ 3 V> . f' . .~, . . I 0' CAROARELLE 8( ASSOCIATES. INC. 941-3031 Land Surve)lOrs Eden Praire. MN 55344 Certifica te Of Survey Survey for JAMES PRIEST . 24020 Yellowstone TroP Shorewood, IIn 55331 CJvvr 'fftt1 Z;o..s.--< t...,-~ ~ J fjt11Jk ~ k/~ M. {t.r. fe . '-fK Mv /Y' L Book~ Page ~ File 4256 C308/S7 r~~---~---~-' " ) ^"^ .A.' C -f-D I N.E. Cor. Lot 31, /1.C. t~. CAj'jVl (1 fd.,}.ton ,I -1." V\L 3 ~ '6 I / U~{_~_~~~ti.iC'"'vJ..J Pa. Vl-C I ~ " Pav(~ I 1 ( i "" f G\ 'Pr) PO-.YUC S "J' ,-0" 0' ~. ",\1 do'''' ~ ................ ';;141.- T 3 PARCEl TO W'L Y AllJOlNER 5193 SF ~ ~ :;, 9 l!l ~g ai SCALE 60 FEET P4 Ra L 2A . DENOTES IRON MONUMENT 5-- 51,..,.. ..J . ''!:Po t..., ,0.6 J 1\..934.6 _W..'II."'E 'I llIOH' .... tl~1l4EllI. ONE iRAIl 'fEllO'<'lSi _ _ _ _ -- -- -- --- 0) 0) ---- I her.y certify that t".. Ie 0 true ond correct rep......totlon of 0 ..",.y of tile bounder'.. or SEE SHEET 2 HENNEPIN County, Minnesota. and of the IOC~~;J, 011 bUIIdI~eon and.AL. visible encroachment.. if ony, from or on lIOid 'ond. Su....yed by me thl. doy of . V ,19L! /p""V~ .3- 7- l!19 7(~ V~:;;L.~ ~ l(-pvI7P-/ 3- //- 8.!? T~ CAROARELLE 8( ASSOC1TES. INC. MN. REG. NO. I;?({. Z. . ~ ~ ul > ~ V) . of, t '~I . . I 0' CAROARELLE 8( ASSOCIATES, INC. 941-3031 Lond Surve)'Ors Eden Pro ire. MN 55344 Certifica te Of Survey Survey for JAMES PRIEST ' 24020 Yellowstone TraP Shorewoocl, Mn 55331 ~ 'fftt1 Z^J.....--< t7d- ~ J fj'11Jk ~ k/~,M, {t.r.fe. '-fKMv/Y'L Book~ Poge ~ File 4256 C308/S7 "J' ,-0" 0' "y:-e ",\1 ~~ ...- ?,,: ~n I ......- ~"- -''14- :Q v ''2 .......,. :-I,,.r 3 \ o ~ ... PARCEL TO W'L Y ADJOINER 5193 SF ~ ~ i' 3pl aj SCALE 60 FEET fru(JVtL1 V\OO to -t.,,~ PVDpDS~ COYVfCk-IOYl: P~YC-eJ (.p "'t J p (} yU \ L-f (IV'YO ) \L ~ () V c.{ J P4 Ra L 2A . DENOTES IRON MONUMENT 5".. 51,..,.. ,}' 0) ... --- --- -- -- I hereby certify thot tllle Ie 0 true and correct repr_totlon of a Ml",.y 01 tile bounderl.. or SEE SHEET 2 HENNEPIl'l County. Mlnneeoto. ond of the IOC~;J, 01 bullth<<eon on<l.AL. visible encroachment.. if any. from or on lIOid fond. Su....yed by me this day of ' V ' ,19et:.:.. ! ;p..,.V~ .3- 7- l!19 7(~ c:::-z:;, l(-pvI7P-/ 3- //- 8.!? T~ . QUIT CLAIM DEED (Individual(s) to Joint Tenants) Based on Minnesota Uniform Conveyancing Blanks (1978) STATE DEED TAX DUE HEREON: $ Date: ,1997 .FOR VALUABLE CONSIDERATION, Marvin L. Boote and Hazel M. Boote, husband and wife, Grantors, hereby convey and quitclaim to James D, Priest and Ilona G. Priest, husband and wife, Grantees as joint tenants, real property in Hennepin County, Minnesota, described as follows: That part of Lot 31, Auditor' s Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Glenco Road (now Yellowstone Trail) distant 190 feet southwesterly from the intersection of the northerly line of said Glenco Road with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast comer thereof, and lying northerly of a line described herein as Line X, and lying easterly of a line described herein as Line Y. Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there terminating. Description of Line Y: Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Line X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 31, and there terminating. together with all hereditaments and appurtenances belonging thereto. . .. This Deed is given to correct an erroneous legal description with respect to a portion of the property conveyed by a certain Quit Claim Deed from Marvin L. Boote and Hazel M. Boote to James D. Priest and Ilona G. . Priest, dated March 13, 1988 and recorded in the Office of the County Recorder for Hennepin County, Minnesota on March 22, 1988, as Document No. 5389152. Total consideration for this transaction is less than $500.00. Affix Deed Tax Stamp Here -:/7l~.~ ~L. BOOTE J~'Dn-b HAZEL . BOOTE . . ... STATE OF MINNESOTA ) ) ss. . COUNTY OF) , The foregoing instrument was acknowledged before me this .5", J day of 1997, by Marvin L. Boote and Hazel M. Boote, husband and wife, Grantor(s). ,l1Cv. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ~. .1~tG'~'~~"" ANN E. KUTT - , ,t ~")'~f\ f'O~~~YN~~~~i~-~~~e;TA ~..c.;,;W;, My GC:;;r.isSlon txptl&sJan. 31. 2000 ~~ __'A'~. .~VVVVV"'"",")"VVV r~ I PWl/L r;. ", .' SIGNAfug OF PERSON TAKIN ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): James D. and Ilona G. Priest 24020 Yellowstone Trail Shorewood, Minnesota 55331 F AEGRE & BENSON LLP (ALH) 2200 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-3901 Phone: 612-336-3000 Ml:0312993.01 . .