97-032
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CITY OF SHOREWOOD
RESOL UTION NO._22.:.~~_
RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Donald Blumberg (Applicant) is the owner of certain real property in the
City of Shorewood, County of Hennepin, State of Minnesota, legally described as:
"Lot 12, Block 1, Gideon Cove"; and
WHEREAS, Applicant proposes to acquire part of an adjoining parcel which is owned by
the Gideon Cove Homeowners Association, Inc. which parcel is described as:
"Lot 13, Block 1, Gideon Cove"; and
WHEREAS, the portion of Lot 13 which the Applicant proposes to acquire is legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has requested a subdivision and combination which will result
in two new legal descriptions as shown on Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the subdivision and combination requested by Applicant complies in all
respects with the Shorewood City Code; and
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WHEREAS, the application was reviewed by the City Planner, and his recommendations
were duly set forth in a memorandum to the Planning Commission, dated 26 March 1997, which
memorandum is on file at City Hall; and
WHEREAS, the application and the Planner's recommendations were reviewed by the
Planning Commission at a regular meeting held on 1 April 1997, the minutes of which meeting are
on file at City Hall; and
WHEREAS, the application was considered by the City Council at a regular meeting of
the Council held on 28 April 1997, at which time the Planner's Memorandum and the
recommendations of the Planning Commission were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Lots 12 and 13, Block 1, Gideon Cove be subdivided and recombined to form
the two parcels legally described in Exhibit B.
2. That the City Clerk furnish Applicant with a certified copy of this resolution for
recording purposes.
4.
That Applicant shall cause to be recorded this Resolution together with the Second
Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon
Cove, attached hereto as Exhibit C, and made a part hereof, together with the
requisite number of signatures of homeowners and first mortgagees of Gideon
Cove, with the Hennepin County Recorder or Registrar of Titles within sixty (60)
days of the date of certification.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th
day of April 1997.
'lZw
ATTEST:
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That part of Lot 13, Block 1, GIDEON COVE, according to the recorded plat
thereof, described as follows:
Beginning at the most southerly corner of said Lot 12, thence North 62 degrees
34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has
a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 93.23
feet; thence North 0 degrees 35 minutes 00 seconds West a distance of 29.20
feet to the most westerly corner of said Lot 12; thence southeasterly along said
southwesterly line to the point of beginning.
Exhibit A
yesCRIPTION FOR:
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Boyer Buildin~ Corp.
PARCEL A
, 61838-006
Prepared By:
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SCHOELL & MADSON, INC.
ENGINEERS. SURVEYORS. PLANNERS
SOIL TESTING. ENVIRONMENTAL SERVICES
10100 w...rZ"'T'" BLVD.
..INNETDNK.... "N. 15343
11121 '''-7101 ''''X: 541-'OIS
Lot 12 and that part of Lot 13, Block 1, GIDEON COVE, according to the recorded plat
thereof, described as follows:
Beginning at the most southerly corner of said Lot 12, thence North 62 degrees
34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has
a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 93.23
feet; thence North 0 degrees 35 minutes 00 seconds West a distance of 29.20
feet to the most westerly corner of said Lot 12; thence southeasterly along said
southwesterly line to the point of beginning.
PARCEL B
Lot 13, Block 1, GIDEON COVE, according to the recorded plat thereof; EXCEPT the
following described property:
Beginning at the most southerly corner of Lot 12 in said plat; thence North 62
degrees 34 minutes 38 seconds West, assuming the southwesterly line of said
Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a
distance of 93.23 feet; thence North 0 degrees 35 minutes 00 seconds West a
distance of 29.20 feet to the most westerly corner of said Lot 12; thence
southeasterly along said southwesterly line to the point of beginning.
Man:.\' \0, \~C71
Exhibit B
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SECOND AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR GIDEON COVE
TIllS AMENDMENT, made this _ day of . 1997, to Declaration of
Covenants, Conditions and Restrictions for Gideon Cove made by the Gideon Cove
Homeowners Association Inc. (hereinafter called "Association") with the consent and approval.
attached hereto and made part hereof, of the required number of owners and first mortgagees of
lots in the plat of Gideon Cove;
WITNESSETH:
WHEREAS, real estate described as Lots 1 through 13, Block 1, and Outlot A, Gideon
Cove, and Outlots A, B and C, Lawtonka, Hennepin County, Minnesota, is subject Declaration of
Covenants, Conditions and Restrictions for Gideon Cove dated September 8, 1992, and flIed in
the Office of the Hennepin County Recorder on January 15, 1993, as Document No. 6025401,
and flIed in the Office of the Hennepin County Registrar of Titles on January 8, 1993, as
Document No. 2333633; and
WHEREAS, said declaration was amended by First Amendment to Declaration of
Covenants, Conditions and Restrictions for Gideon Cove dated April 7, 1993, and flIed in the
Office of the Hennepin County Recorder on April 15, 1993, as Document No~ 6065768, and filed
in the Office of the Hennepin County Registrar of Titles on . 1993, as Document
No. ; and
WHEREAS, at least 75% of the combined number of first mortgagees of Lots plus
Owners as defmed in said September 8, 1992, declaration approve of this Second Amendment;
NOW, THEREFORE, Association, with the consent and approval of the requisite
number of Owners and first mortgagees, hereby amend said September 8, 1992, declaration as
amended by the April 7, 1993, first amendment as follows:
1. Article I, is amended to add Section 4.5 as follows:
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"Section 4.5. The following described part of Lot 13, Block 1, Gideon Cove,
Hennepin County, Minnesota is no longer part of the Common Area as of the date of
this Amendment:
Beginning at the most southerly comer of Lot 12 in said
plat; thence North 62 degrees 34 minutes 38 seconds
West, assuming the southwesterly line of said Lot 12
has a bearing of North 49 degrees 01 minute 29 seconds
West, a distance of 93.23 feet; thence North 0 degrees
35 minutes 00 seconds West a distance of 29.20 feet to
the most westerly comer of said Lot 12; thence
southeasterly along said southwesterly line to the point
of beginning."
Exhibit C
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2. Article I, Section 5 is amended to read as follows:
"Section 5. 'Lot' shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of the Common Area; except
in the case of Lot 12, Block 1, Gideon Cove, 'Lot' shall refer to said Lot 12 and that
part of Lot 13, Block 1, Gideon Cove described as follows:
Beginning at the most southerly comer of Lot 12 in said
plat; thence North 62 degrees 34 minutes 38 seconds
West, assuming the southwesterly line of said Lot 12
has a bearing of North 49 degrees 01 minute 29 seconds
West, a distance of 93.23 feet; thence North 0 degrees
35 minutes 00 seconds West a distance of 29.20 feet to
the most westerly comer of said Lot 12; thence
southeasterly along said southwesterly line to the point
of beginning."
3. All the remaining provisions of said Declaration of Covenants, Conditions and
Restrictions for Gideon Cove, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Association has hereunto caused this amendment to be
executed on the day and year first above written. - - ---- -- -- - -
Gideon Cove Homeowners Association Inc.
By:
Its: President
By:
Its: Secretary
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
was acknowledged before me this _ day of
and
Cove Homeowners Association Inc. a Minnesota
The foregoing instrument
. 1997, by
the president and secretary of Gideon
corporation, on behalf of the corporation.
Notary Public
This Instrument Drafted By:
Gary A. Thompson
17717 Highway 7
Minnetonka, Minnesota 55345