97-038CITY OF SHOREWOOD
RESOLUTION NO. 97-38
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR MICHAEL AND MICHELLE GREER
WHEREAS, Michael A. and Michelle L. Greer (Applicants) have an interest in certain
real property in the City of Shorewood, legally described as:
"Lot 179, Auditor's Subdivision Number 135, 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 Applicants and all other parties holding an interest in said real property
have agreed to grant to the City drainage and utility easements legally described in Exhibits B,
attached hereto and made a part hereof; and
WHEREAS, the Applicants and all other parties holding an interest in said real property
have agreed to record a wetland conservation restriction contained in Exhibit C, attached hereto and
made a part hereof; 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:
1. That the real property legally described herein be divided into two parcels, legally
described in Exhibit A.
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 legally described in Exhibit B, and the conservation restriction contained in Exhibit C
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 May 1997.
Tom Dahlberg, Mayor
I]
Legal Descriptions:
PARCEL A
"That part of Lot 179, Auditor's Subdivision No. 135, Hennepin County, Minnesota,
which lies northeasterly of the southwesterly 200.00 feet of said Lot 179."
PARCEL B
"The southwesterly 200.00 feet of Lot 179, Auditor's Subdivision No. 135, Hennepin
County, Minnesota."
Exhibit A
Form No. 28 -NI — QUIT CLAIM DEED
Individual(s) to Coiporation
or Partnership
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No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: _$L65___
Date:
FOR VALUABLE CONSIDERATION, Michael - A._- Greer_ -and _Michelle, L._Greer,_ husband _ and_wife.__
(Inarital status)
_. , Grantor(s),
hereby convey(s) and quitclaims to Cit _y_of_Shorewood__________ — --------
_________ - -____
- - -- ----- - -_ - -- - -- - - - - - -- - - - - - -- - -- - Grantee,
a _municipaLcorporation _ under the laws of______._.______..—
real property in —_ Hennepin— ___— _____._________ County, Minnesota, described as follows:
A permanent easement for drainage and utility purposes, over, under and across the most northerly, westerly and
southerly 10 feet of the following described property:
That part of Lot 179, Auditor's Subdivision 135, Hennepin County, Minnesota, commencing at the most
Northeasterly corner therof, which point shall be the point of beginning of the land to be herein described; thence
Southwesterly along the most Easterly line of said Lot a distance of 178.11 feet; thence westerly along a line to a
point on the most Westerly line of said Lot lying 121.65 feet Southwesterly of the most Northwesterly corner
thereof; thence Northeasterly along the most Westerly line of said Lot a distance of 121.65 feet to the most
Northwesterly corner thereof; thence Easterly along the most Northerly line of said Lot to the most Northeasterly
corner thereof, the point of beginning, and there terminating.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF
ss.
Michael A.Greer
Michelle L. Greer
The foregoing instrument was acknowledged before me this________ day of_ ___April _- , 19_97_
by Michael -. GretancL Michelle — . -zoer, -Jiusband_and_wife,___— _ —
__ Grantor(s).
NOTARIAL STAMP OR SEAL (OR 01 TITLE. OR RANK):
SIGNATURE OF PERSON TAKING 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):
Bradley W. Solheim
Melchert, Hubert, Sjodin & Willemssen,
121 West Main Street
Suite 200
Waconia, MN 55387
612 - 442 -5155
City of Shorewood
5755 County Club Road
Shorewood, MN 55331
Exhibit B -1
Minnesota Uniform Conveyancing Blanks (1978) Miller -Davis Co., St. Paul
•
CONSENT OF MORTGAGE
Victoria State Bank, a corporation organized and existing under the laws of the
State of Minnesota, is the holder of a certain mortgage, dated and
recorded , as Document No. , Office of the County
• Recorder, Hennepin County, Minnesota, running in its favor from Michael A. Greer
and Michelle L. Greer, husband and wife, as joint tenants, against the easement track
described in the attached Quit Claim Deed. The mortgagee hereby consents to and
subordinates its interest in said property to the foregoing grant of easement, dated the
day of , 1997, by and between Michael A. Greer and Michelle L.
Greer, husband and wife, and the City of Shorewood, a Minnesota municipal
corporation.
Dated this day of , 1997
•
Victoria State Bank
Its
Exhibit B -2
STATE OF MINNESOTA )
.
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1997, by of Victoria State Bank, a Minnesota
corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
MELCHERT, HUBERT, SJODIN
& WILLEMSSEN, P.L.L.P
121 West Main Street, Suite 200
Waconia, Minnesota 55387
(612) 442 -5155
(bws: dmv)
U
•
•
CONSERVATION RESTRICTION
THIS AGREEMENT, made and entered into this day of
1997, between Michael A. Greer and Michelle L. Greer, husband and wife
( "Owners ") and the CITY OF SHOREWOOD ( "Shorewood "), a municipal
. corporation and statutory city under the laws of the State of Minnesota.
WITNESSETH:
Owners, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain,
sell and convey to Shorewood, its successors and assigns, forever, a Conservation
Restriction in accordance with Minnesota Statutes §84.64, for the purposes
hereinafter specified, over, on and across that tract or parcel of land lying and being in
the City of Shorewood, County of Hennepin and State of Minnesota, described in
Exhibit A attached (conservation area), TO HAVE AND TO HOLD THE SAME,
together with all the hereditaments and appurtenances thereunto belonging, or
otherwise appertaining.
•
. Exhibit C
Owners, for themselves and their heirs, representatives, successors, and
• assigns, covenant with and represent to Shorewood,. its successors and assigns, that
Owners are well seized in fee of the conservation area and have good right to convey
pursuant hereto the interests hereby conveyed and that the easement area is free from
all encumbrances, except real estate taxes and installments of special assessments
payable therewith. Owners further covenant and agree that they will warrant and
defend the conservation area in the quiet and peaceful possession of Shorewood, its
successors and assigns, for the purpose herein granted, subject to the encumbrances
set forth above.
The parties agree that the statutory purpose for this Conservation Restriction is
to restrict the conservation area for purposes of retaining it, or the water areas therein,
. predominantly in their natural, scenic, open or wooded condition, or as a suitable
habitat for fish and wildlife. To affect that purpose, Owners, for their heirs,
representatives, successors and assigns, do hereby covenant and agree:
1. That they will neither construct or place buildings, roads, signs,
billboards or other advertising, utilities or other structures on or above
the ground in the conservation area.
2. Dump or place soil or other substance or material as landfill, including
trash, waste or unsightly or offensive materials in the conservation area.
Remove or destroy trees, shrubs or other vegetation contained in the
conservation area.
4. Excavate, dredge or remove loam, peat, gravel, soil, rock or other
material or substance in such a manner as to affect the surface of the
conservation area.
5. Use or permit the use of the land, or water area contained therein, in
• such a way as to allow it to remain predominantly in its natural
condition.
• 6. Conduct activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation and fish and wildlife
habitat preservation in the conservation area.
7. Conduct other acts or uses detrimental to the retention of the land and
the water area of the conservation area.
8. Shall not grant to Shorewood the right to use or improve or permit the
public to use or improve the conservation area as a park or for other
public purposes.
9. This grant shall in no way prevent the owners or their invitees from the
use of the conservation area in a manner not contrary to those
restrictions specified above.
10. The rights and remedies accorded the parties hereto are as set forth in
Minnesota Statutes §84.6.
11. This grant shall run with the land and shall be binding on all present
and future owners of the conservation area.
12. If any provision of this Conservation Restriction is held to be invalid or
unenforceable, all other provisions shall, in all respects, remain in full
force and effect and be valid and enforceable.
IN WITNESS WHEREOF, Owners have caused these presents to be executed
this day and year first above written.
Michael A. Greer
Michelle L. Greer
U
STATE OF MINNESOTA )
0 )ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1997, by Michael A. Greer and Michelle L. Greer, husband and wife.
Notary Public
Brad/Clients /Greer /Conservation Restriction
•
C J
EXHIBIT A
That part of Lot 179, AUDITOR'S SUBDIVISION NO. 135, Hennepin
County, Minnesota, described as follows:
Commencing at the northeasterly corner of said lot; thence South 21 degrees
19 minutes 45 seconds West, assumed bearing, along the easterly line of said
lot, 22.00 feet to the point of beginning; thence westerly and southwesterly
27.65 feet along a curve, concave to the south, having a radius of 48.00 feet, a
central angle of 33 degrees and a radius point on the easterly line of said lot
distance 70.00 feet southwesterly of the northeasterly corner of said lot; thence
southwesterly 98.23 feet, along a compound curve concave to the southeast,
having a radius of 84.00 feet and a central angle of 67 degrees; thence
southerly and southeasterly, 39.74 feet along a compound curve, concave to
the northeast, having a radius of 33.00 feet and a central angle of 69 degrees;
thence easterly, along a compound curve, concave to the north, having a radius
of 50.00 feet, a central angle of 44 degrees 11 minutes 42 seconds, a distance
Of 38.57 feet to the easterly line of said lot; thence North 21 degrees 19
minutes 45 seconds East along said easterly line, 112.2 feet to the point of
beginning.
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