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95-070 I I I CITY OF SHOREWOOD RESOLUTION NO. 95-70 RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR LAND M PROPERTIES, INC. WHEREAS, Land M Properties, Inc. (Applicant) has an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for a subdivision and combination of said properties to form two new parcels, legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicant complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 17 July 1995, which memorandum is on file at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 18 July 1995, 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 14 August 1995, 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 the two parcels of property legally described in Exhibit A be subdivided and combined to form two new parcels, legally described and shown in Exhibit B. 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. 3. That the Applicant cause this Resolution and the Utility and Drainage Easement shown in Exhibit C to be recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of August 1995. RA~~~v-- Robert B. Bean, Mayor ATTEST: /l/vt/l ity Administrator/Clerk I I I EXISTING LEGAL DESCRIPTION - L & M PROPERTIES, INC. PROPERTY "Lot 6, Block 2, Boulder Ridge Estates, Hennepin County, Minnesota." EXISTING LEGAL DESCRIPTION - BOTTIGER PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, described as follows: Commencing at a point on the north line of said Northeast Quarter of the Northwest Quarter 238.00 feet from the northwest corner thereof; thence east along said north line 161.35 feet; thence south parallel with the west line of said Northeast Quarter ofthe Northwest Quarter 283.00 feet; thence West parallel with north line of said Northeast Quarter of Northwest Quarter to the intersection with a line described as follows: Commencing at a point on the north line of the Northeast Quarter of the Northwest Quarter of said section 238.00 feet east from the northwest corner thereof; thence southerly 711.19 feet to a point 226.00 feet east from the west line of said Northeast Quarter of the Northwest Quarter and there terminating; thence northerly along said last described line to the point of beginning. Subject to any easements which may be of record, and; That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of Lot 6, Block 2, BOULDER RIDGE EST A TES, according to the recorded plat thereof, said County; thence South 00 degrees 59 minutes 45 seconds West, assumed bearing along the west line of said Lot 6 and along the west line of Lot 2, said Block 2 a distance of 423.81 feet to the northeast corner of Lot 1, said Block 2; thence North 89 degrees 58 minutes 23 seconds West, along the northerly line of said Lot 1 a distance of 12.00 feet to the intersection with the southerly extension of a line drawn parallel with and distant 12.00 feet westerly form the west line of said Lot 2; thence North 00 degrees 59 minutes 45 seconds East, along said parallel line and its northerly extension 706.98 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 00 seconds East, along said last described north line 12.00 feet to the intersection with the northerly extension of the west line of said Lot 6; thence South 00 degrees 59 minutes 45 seconds West, along said last described extended line 282.95 feet to the point of beginning. Subject to Edgewood Road right-of-way." Exhibit A I I I PROPOSED LEGAL DESCRIPTION - L & M PROPERTIES, INC. PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest comer of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 00 degrees 59 minutes 45 seconds West, along said parallel line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence south 89 degrees 58 minutes 23 seconds east, along said last described north line 12.00 feet to the northeast comer of said Lot 1; thence North 00 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. And; Lot 6, Block 2, BOULDER RIDGE EST A TES, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part of said Lot 6 described as follows: Beginning at the northwest comer of said Lot 6; thence South 88 degrees 53 minutes 00 seconds East, assumed bearing along the north line of said Lot 6 a distance of 166.14 feet; thence South 00 degrees 01 minute 37 seconds West 33.87 feet; thence North 88 degrees 53 minutes 00 seconds West 139.64 feet; thence North 37 degrees 35 minutes 55 seconds West 43.40 feet to the point of beginning." PROPOSED LEGAL DESCRIPTION - BOTTIGER PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota and that part of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said County described as follows: Beginning at the northwest comer of said Lot 6, and assuming the north line of said lot 6, and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence North 00 degrees 59 minutes 45 seconds East, along said parallel line and its northerly extension 267.94 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 00 seconds East, along said last described north line 12.00 feet to the intersection with the northerly extension of the west line of said Lot 6; thence continue South 88 degrees 53 minutes 00 seconds East, along said last described north line 161.35 feet; thence South 00 degrees 01 minute 37 seconds West, parallel with the west line of said Northeast Quarter of the Northwest Quarter 283.00 feet to the north line of said Lot 6; thence continue South 00 degrees 01 minute 37 seconds West 139.64 feet; thence North 37 degrees 35 minutes 55 seconds West 43.40 feet to the point of beginning. Subject to Edgewood Road right-of-way." Exhibit B . . . GRANT OF DRAINAGE AND UTILITY EASEMENT THIS GRANT OF EASEMENT is made on this day of ,1995, by L & M Properties, Inc., a Minnesota corporation (Grantor), to the CITY OF SHOREWOOD, a Minnesota municipal corporation (Grantee). RECITALS Grantors are the owners in fee simple of real property in the County of Hennepin, Minnesota, which is legally described on Exhibit A attached hereto (the Easement Tract). Grantee desires to use a portion of the Easement Tract for the construction and maintenance of drainage and utility improvements. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantors: 1.) Permanent Easement - Grantors hereby grant to Grantee, its successors and assigns, a permanent easement (the Permanent Easement) for drainage and utility purposes over, under, upon and across that portion of the Easement Tract legally described on Exhibit B. The Permanent Easement shall permanently run with the title to the Easement Tract and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns, including, but without limitation all subsequent owners of the Easement Tract and all persons claiming under them. 2.) Use of Easement Tract - Grantors hereby agree that they will not perform or allow or cause the construction of any improvements on the Permanent Easement which could damage or obstruct the Permanent Easement or interfere with Grantee's access to or Grantee's right to construct, maintain and repair the drainage and utilities on the Permanent Easement. 3.) Non-exclusive Use - It is agreed and understood that this easement is not an exclusive easement, but is subject to a right on the part of the Grantor herein, their heirs, executors, administrators and assigns of ingress and egress over the aforedescribed property, which right is expressly reserved. 4.) Warranty of Title - Grantors represent and warrant to Grantee that they are the only owners of fee simple title to the Easement Tract, and that there are no undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other Exhibit C . . '. encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract. Grantors, on behalf of themselves, their successors, and assigns, hereby indemnify and hold harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantors or any party whose consent is required to be obtained hereunder, in connection with this Grant of Easement or Grantee's use of the Permanent Easement pursuant to this Grant of Easement. 5.) Governing Law - This Grant of Easement shall be construed and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the above date. GRANTEE: CITY OF SHOREWOOD By: Its: Mayor By: Its: City Administrator/Clerk GRANTOR: L & M Properties, Inc. By: Ronald Miller Its: President STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1995, by Robert B. Bean and James C. Hurm, the Mayor and City Administrator/Clerk of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 2. . . . STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1995, by Ronald Miller, President ofL & M Properties, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public CONSENT OF MORTGAGEE , a Minnesota corporation, (Mortgagee), is the holder of a mortgage granted by and , against the Easement Tract described in Exhibit A. Mortgagee hereby consents to and subordinates its interest in said property to the foregoing Grant of Easement dated , 199_, by and between and , and the City of Shorewood, a Minnesota municipal corporation. Dated:: By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , 1995, by day of of , a Minnesota corporation, on behalf of the corporation. Notary Public TillS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835-3800 3. ... ," . . . EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT TRACT: Lot 6, Block 2, Boulder Ridge Estates, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota, and That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 0 degrees 59 minutes 45 seconds West, along said parallel line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 degrees 58 minutes 23 seconds East, along said last described north line 12.00 feet to the northeast corner of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. , , " . , ... . . . . EXHIBIT B That part of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 0 degrees 59 minutes 45 seconds West, along said paralle/line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 degrees 58 minutes 23 seconds East, along said last described north line 12.00 feet to the northeast corner of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. " .;/fa " :- . GRANT OF DRAINAGE AND UTILITY EASEMENT THIS GRA,NT OF EASEMENT is made on this / LI1Jday of fY)I-U/L, 199flbY L & M Properties. Inc., a Minnesota corporation (Grantor), to the CITY OF SHOREWOOD, a Minnesota municipal corporation (Grantee). RECITALS Grantors are the owners in fee simple of real property in the County of Hennepin, Minnesota, which is legally described on Exhibit A attached hereto (the Easement Tract). Grantee desires to use a portion of the Easement Tract for the construction and maintenance of drainage and utility improvements. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by . Grantors: 1.) Permanent Easement - Grantors hereby grant to Grantee, its successors and assigns, a permanent easement (the Permanent Easement) for drainage and utility purposes over, under, upon and across that portion of the Easement Tract legally described on Exhibit B. The Permanent Easement shall permanently run with the title to the Easement Tract and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns, including, but without limitation all subsequent owners of the Easement Tract 3?d all persons claiming under them. 2.) Use of Easement Tract - Grantors hereby agree that they will not perform or allow or cause the construction of any improvements on the Permanent Easement which could damage or obstruct the Permanent Easement or interfere with Grantee's access to or Grantee's right to construct, maintain and repair the drainage and utilities on the Permanent Easement. 3.) Non-exclusive Use - It is agreed and understood that this easement is not an exclusive easement, but is subject to a right on the part of the Grantor herein, their heirs, executors. administrators and assigns of ingress and egress over the aforedescribed property, which right is expressly reserved. . 4.) Warrantv of Title - Grantors represent and warrant to Grantee that they are the only owners of fee simple title to the Easement Tract. and that there are no undisclosed mortgages. contracts for deed. leases. rental agreements. occupancy agreements. or any other . . . encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract. Grantors, on behalf of themselves, their successors, and assigns, hereby indemnify and hold harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantors or any party whose consent is required to be obtained hereunder, in connection with this Grant of Easement or Grantee's use of the Permanent Easement pursuant to this Grant of Easement. 5.) Governing Law - This Grant of Easement shall be construed and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the above date. GRANTEE: CITY OF SHOREWOOD ) / /!. By: i~}-tLv~/+t~Ijg~l"-./ Its: Mayor By: GRANTOR: L & M Properties, Inc. By: kII~ Ronald Miller Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instru~ent was acknowledged before me this 1~(:I)day of ~r~ ,199 by Robert B. Bean and James C. Hurm, the Mayor and City Administrator/Clerk of the ity of Shore wood, a Minnesota municipal corporation, on behalf of the corporation. ~~ Notary Public- . THERESA L NAAB I NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31.2000 . 2. .TATI': OF I'1JNNI':SOTA COUNTY OF HENNEPIN ) )ss ) Tile foregoing lnsll"ullIc(ll was llay 0 r ~r~t:.~~___, I ~J ~lG__, IIY Pro per lie s, I i)";!--:, a H j II II C sol a corporalion. acknow 1 edged be fo n~ me till s Z III I{ 0 II aId l'1 j 11 e I', Pre sId e n t 0 f L & M corporation, on behalf of lhe THIS INSTHUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 (612) 835-3800 . . ~~ {) . )W?dU Notary PublIc TERRI A. MELCHER NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2000 . . . (:-.. EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT TRACT: Lot 6, Block 2, Boulder Ridge Estates, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota, and That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 0 degrees 59 minutes 45 seconds West, along said parallel line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 degrees 58 minutes 23 seconds East, along said last described north line 12.00 feet to the northeast corner of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. . p , . . . ,,,0;'" EXHIBIT B That part of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 0 degrees 59 minutes 45 seconds West, along said parallel line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 degrees 58 minutes 23 seconds East, along said last described north line 12.00 feet to the northeast corner of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning.