97-062CITY OF SHOREWOOD RESOLUTION NO. 97- 62
• A RESOLUTION AUTHORIZING THE CONVEYANCE OF
CERTAIN INTERESTS IN REAL PROPERTY
(SOUTHSHORE SENIOR/COMMUNITY CENTER)
WHEREAS, on March 4, 1996 the City of Shorewood together with the cities of
Deephaven, Excelsior, Greenwood and Tonka Bay entered into a cooperative agreement for the
development, construction and operation of a senior /community center to be located in
Shorewood; and
WHEREAS, the agreement between the cities contemplates that certain interests in land
necessary for the operation of the center would be conveyed from Shorewood to all of the cities
in common; and
WHEREAS, the City of Shorewood is desirous of transferring to all of the cities such
interest. And has reviewed the proposed instruments designed to accomplish such purpose and
is familiar with their content and meaning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood,
Minnesota
1. That the conveyance of certain interests in land as described in the cooperative
agreement is hereby approved.
2. That the Mayor and City Administrator are hereby authorized to execute and
deliver:
i) a quit claim deed in substantially the form of the attached
Exhibit A ; the easement agreement in substantially the form of the
attached Exhibit B
JBD126938 1
SH230 -2
3. That the Mayor and City Administrator are further authorized to do all other
things reasonably necessary to transfer the interest in land controlled by the
• cooperative agreements.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28 day of
July , 1997
Tom Dahlberg, Mayor
ATTEST:
J
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�/X" 't \-- �j _ _ ,
C. Hurm, City Administrator /Clerk
• SBD126938
• Sii230 -2
7
Form No. 31M - QUIT CLAIM DEED
Minnesota Uniform Conveyancing Blanks (1978)
Corporation or Partnership
to Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
. 19
STATE DEED TAX DUE HEREON
Date:
Deputy
EXHIBIT
, 1997
(reserved for recording data)
FOR VALUABLE CONSIDERATION, the City of Shorewood, a municipal corporation under the laws of Minnesota,
Grantor, hereby conveys and quitclaims to City of Deephaven, a Minnesota municipal corporation, an undivided one -fifth
interest; City of Excelsior, a Minnesota municipal corporation, an undivided one -fifth interest; City of Greenwood, a
Minnesota municipal corporation, an undivided one -fifth interest; City of Tonka Bay, a Minnesota municipal corporation,
an undivided one -fifth interest, Grantees, real property in Hennepin County, Minnesota described as follows:
SEE EXHIBIT A ATTACHED HERETO
(if more space is needed, continue on back)
er with all hereditaments and appurtenances belonging thereto.
CITY OF SHOREWOOD
Affix Deed "Tax Stamp Here
By
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this day of _ ( 1997, by
Tom Dahlberg and James C. Hurin, the Mayor and City Administrator, respectively, of th City of Shorewood, a municipal
corporation under the laws of Minnesota, on behalf of the corporation.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
R M+'?MA/1MAANin �
h THERESA L. NAAB
� NOTARY PUBLIC - MINNESOTA
� Il r + ommissinn Expires Jan. 31, 2000 r
TIIIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, Minnesota 55402
(612) 337 -9300
County Auditor
SIGNATURE OP PERSON TAKING ACKNOWI,I:DGMENT
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
KOEBNG126949
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EXHIBIT A
LEGAL DESCRIPTION
U
That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision 133,
according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described
as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly
parallel with the west line of said Lot 27, a distance of 34.19 feet to the point of beginning of the land
to be described; thence South 00 degrees, 29 minutes 57 seconds East, assumed bearing, along a line
parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence
South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds
East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees
48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet;
thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27,
a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes
48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point
of beginning.
Said parcel contains 26,000 square feet more or less.
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KOBBNG126949
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this 4 day of :larch 1996,
• by and among the City of Shorewood, a Minnesota municipal corporation ( "Shorewood "), and the City of
Deephaven, a Minnesota municipal corporation ( "Deephaven "), the City of Excelsior, a Minnesota
municipal corporation ( "Excelsior"), the City of Greenwood, a Minnesota municipal corporation
( "Greenwood "), and the City of Tonka Bay, a Minnesota municipal corporation ( "Tonka Bay ")
(Deephaven, Excelsior, Greenwood and Tonka Bay are hereinafter collectively referred to as "Cities ").
RECITALS:
FIRST Shorewood is the fee owner of that certain parcel of property located in the City of
Shorewood, County of Hennepin, State of Minnesota, and legally described on Exhibit A attached hereto
( "Property").
SECOND Shorewood and Cities desire to develop on the Property a Senior /Community Center
( "Center"). The Center shall be used by senior citizens for educational and recreational activities,
including, but not limited to, arts, crafts, music and other various programs of enrichment. In
addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and
private events and other community -based activities such as those commonly provided at community
centers throughout the area.
THIRD Shorewood desires to grant to Cities an easement for parking on a portion of the
• Property for forty-seven (47) parking stalls as cross - hatched on Exhibit B attached hereto ( "Stalls ") and
an easement for ingress and egress to the Stalls over that portion of Property (Stalls and Access
• Property are hereinafter collectively referred to as "Easement Property ").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant of Easement for Parking _and for Ingress and Egress. Shorewood hereby grants to
Cities a non - exclusive easement for parking on the Stalls and a non - exclusive easement for ingress and
egress to the Stalls over the Easement Property for the use of pedestrian and vehicular traffic and parking
of the parties, their successors and assigns, their customers, guests, licensees and invitees.
2. Maintenance and Repair. The cost of maintenance and repair of the Stalls shall be the sole
responsibility of the tenant of the Center ( "Tenant") as provided in the attached Lease.
3. Insurance Tenant agrees to maintain insurance on the Easement Property as provided in
the attached Lease.
4. Obstruction. Shorewood and Cities agree that no obstructions or improvements which
would prevent, restrict, impede or otherwise inhibit the passage of pedestrians or vehicles or the parking
of vehicles over, across, along and through the Easement Property shall be erected or placed by
Shorewood or Cities, their customers, guests, licensees or invitees on the Easement Property nor shall any
conduct, passive or affirmative, including, but not limited to, the overnight parking or storage of vehicles,
be permitted in or upon the Easement Property which would in any manner restrict the use of the Easement
Property for parking and for ingress and egress.
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• 5 . Enforcement In the event of any violation or attempted or threatened violation of the terms
hereof or any interference or attempted or threatened interference with the easement rights herein granted,
this Easement Agreement may be enforced by any parry to this Easement Agreement or by any successor
or assign of any party hereto, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which restraining order or
injunction shall be obtainable upon the proof of the existence of such violation or attempted or threatened
violation or interference and without the necessity of proof of the inadequacy of legal remedies or
irreparable harm.
6. Duration, Bindinz Effect The term of this Easement Agreement shall terminate on the
earlier of (i) the twenty -fifth (25th) anniversary of the date of the Easement Agreement; or (ii) the mutual
agreement of Shorewood and Cities; or (iii) the termination of the Cooperative Agreement for Southshore
Senior /Community Center by and among Shorewood and Cities ( "Cooperative Agreement ") which
Cooperative Agreement is on file with each of the respective Cities. The term may be extended for up to
four (4) successive periods of five (5) years each commencing upon the expiration of the term or extended
term, as the case may be. This Easement Agreement shall be binding upon Shorewood's respective
successors in title.
7. Governing Law This Easement Agreement shall be construed and governed by the laws
of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the day
and year first above written.
• CITY OF SHOREWOOD
Its: Mayor
i�
B
Its: /City (Clerk) Administrator
CITY OF DEEPHAVEN
By:
Its: Mayor
By
Its: City Clerk/Treasurer
• 2.
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STATE OF TME1 NESOTA )
ss
COUNTY OF HENNEPIN )
CITY OF EXCELSIOR
By:
�J—
Its:gMayor
By: ,
Its: Ci!',M' ger
CITY OF GREENWOOD
• /
Its: Mayor
Its: City ( Clerk) Administrator
CITY OF i B
By:
Its City (Clerk) Administrator
,j�he foregoing ' strument was acknow edQ d before me this day o 19 L 6 by
- , and i2yy , the Mayor and City (Clerk) Administrator,
respectively, of the City of Shorewood, a Minnesota corporation, on behalf of the corporation.
'• RICHARD A. YOUNG
- NOTARY PUBLIC MINNESCTa
MY COMMISSION EXPIRE
JANUARY 31 2000
5 Cx�_ c
No ary Public
STATE OF MEN NESOTA
. ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this , ,- day of _I /,fi r(I /i , 19C16-,by the Mayor and City Clerk Treasurer, respectively,
of the City of Deephaven, a Minnesota corp6ratidn on behalf of the corporation.
Notary Public
•• „•.� BARBARA J. SIKORSKI
NOTARY PUBLIC • )AINN:SOTA
MY COM!.AISSION EXPIRES
STATE OF I�tNESOTA ) � •� 1ATWARY 31 20”
) ss �'#_Ww"
COUNTY OF HEiNNEPI )
The foreg in instrument w ackn ledged before me this �� � day of " , I9q_ by
and _, the Mayor and City Manager, respectively, of the
City of Excelsior, a Minnesota corporation, on behalf of the corporation.
"•. RICHARD A. YOUNG
3 NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES
�s• JANUARY 31. 2000 1 M � �' � 9,
Notary Public 0 6
STATE OF M NNESOTA }
ss
COUNTY OF HENNEPIN )
The fQQreg gin trument w acknowledged before me this �4 day of � 9 �V, by
,and � G- l e., the Mayor and City (Clerk) dministrator,
respectively, of the City of Greenwood, a Minnesota corporation, on behalf of the corporation.
• "`• MARK W. KELLY
NOTARY PUBLIC-MINNESOTA
�
HENNEPIN COUNTY
My Commissic" Expires Jan. 31, 2000 ]
` -- _ _ — _ --� ti �._ — `_-- vim_ - ."'�<•�'�
•
No ry Public
n
. STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrume s acknowledged before me this day ofliil r�t� -f , 19 1 1 ., by
�.U; i, , a C 2cc_kf � V S`.xL:.: , the Mayor and City (Clerk) Administrator,
respectively, of the City of Tonka Bay, a Minnesota corporation, on behalf of the corporation.
"••� RICHARD A. YOUNG
�Q
NOTARY UBLIC MIN
MY CO O EXPIR
EXPIRES
..o JANUARY 31. 2000
Not rub
THIS INSTRUMENT WAS DRAFTED BY
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
(612) 835 -3800
022696.4
5.
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EXHIBIT A
PROPERTY
Lot 12, Block 2, Echo Hills 2nd Addition, and of Lot 27, Auditors Subdivision 133, according to the plat
on file in the office of the County Recorder, Hennepin County, Minnesota.
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