87-154
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RESOLUI'ICN ID. 154 - 87
A RESOLUI'ICN APPROVING alVI3INATICN AND SUBDIVISICN OF REAL PROPERIY
AND GRANTING A VARIANCE 10 JOON E. SAYER
WHEREAS, John E. Sayer (Applicant) is the owner of three parcels
of property (Subject Property) in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit 1, attached
hereto and made a part hereof; and
WHEREAS, Applicant has applied to the City for a combination and
subdivision of said property to form Parcel A and Parcel B, legally
described in Exhibits 2 and 3, attached hereto and made a part hereof; and
WHEREAS, approval of the proposed combination and subdivision
requires a variance because the resulting Parcel A will then have no
direct access to a public street in the City of Shorewood; and
WHEREAS, a Public Hearing was held by the Shorewood Planning
Carrnission on NovEmber 3, 1987, for which notice was duly published and
all adjacent property owners duly notified.
NJIV, 1HEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Subject Property is located in a R-1C, single fmnily
residential zoning district.
2. That these parcels presently contain 82,925 square feet,
218,791 square feet, and 83,700 square feet, with the third parcel having
no access to a public street in the City of Shorewood.
3. That the proposed combinat ion and division wi 11 result in two
parcels, Parcel B which will contain 178,596 square feet, and Parcel A
which will contain 206,820 square feet, with Parcel A having no access to
a public street within the City of Shorewood.
4. That according to Applicant's engineering report, the
topographical constraints in the subject area make it virtually impossible
to provide access to Parcel A from the City of Shorewood.
5. That the Appl icant has made arrangements wi th the affected
property owners and has obtained permission from the City of Chanhassen to
obtain access to Parcel A from Koehnen Circle in the City of Chanhassen.
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6. That the Applicant has obtained approval from the City of
Chanhassen for the provision of utility service to Parcel A, subject to
certain terms and conditions.
UNCLUSICNS
1. That approval is hereby granted for the Subject Property,
legally described in Exhibit 1, to be combined and subdivided to form
Parcel A and Parcel B, legally described in Exhibits 2 and 3.
2. That Applicant's request for a variance to Shorewood City
Code requirement for direct access to a public street is hereby granted.
3. That the approval and grant herein is specifically
conditioned upon the terms and conditions contained in the Development
Agreement attached hereto, which Agreement the Mayor and City Clerk are
hereby authorized to execute on behalf of the City Council.
4. That the City Clerk furnish Applicant with a certified copy
of this resolution for recording purposes.
5. That the Applicant record this resolution with the Hennepin
County Recorder or Registrar of Titles within thirty (30) days of the date
of certification.
AOOPrED BY 1HE CI1Y <XXJNCIL of the Ci ty of Shorewood this 23d day of
NovEmber, 1987.
Robert Rascop, Mayor
ATl'EST:
Sandra L. Kennelly, City Clerk
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CI1Y OF SllllliWXD
CXlVIBINATIrn AND SUBDIVISIrn DEVEWRVENr AGREFlVlENr
JrnN E. SAYER PROPERlY
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'IlUS AGREElVIENl', made this cf?St::/lday of ,,(./2oc/170DL) , 1987, by
and between the CI1Y OF SIlJRh1\UD, a Minnesota municipal corporat ion,
hereinafter referred to as "Shorewood", JrnN E. SAYER and CAROLE A. SAYER,
hereinafter referred to as "Developer", and the CI1Y OF OWIDASSEN,
hereinafter referred to as "Chanhassen".
WHEREAS, the Developer is the owner of certain lands described in
Exhibit 1 attached hereto and made a part hereof, which lands are
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Developer has made application under the Subdivision
provisions of the Shorewood City Code for approval of a combination and
subdivision of said land to fonn Parcels A and B, described in Exhibits 2
and 3 attached hereto and made a part hereof; and
WHEREAS, approval of the proposed combination and subdivision by
Shorewood will result in Parcel A having no direct access to a public
street within the City of Shorewood and no direct access to a sewer line
within the City of Shorewood; and
\~, Chanhassen has agreed to pennit a private driveway
access from Parcel A to Koehnen Circle and to pennit Parcel A to connect
with Chanhassen sewer lines, all subject to certain tenns and conditions.
KM', 'IHEREFORE, in consideration of the foregoing premises and
approval by Shorewood of the proposed combination and subdivison,
Shorewood, the Developer, and Chanhassen agree as follows:
1. Any further division of the Subject Property shall be
accomplished by fonnal plat.
2. Any further division of Parcel A shall be limited to 3 lots.
3. Parcel A shall have access to Koehnen Circle by a private
driveway to be maintained by the property owners within Parcel A.
4. Parcel A may receive sewer service from Chanhassen, subject
to the conditions herein, and Developer hereby waives any right it may
have, now or in the future, to receive any sewer service from Shorewood
for the benefit of Parcel A.
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5. Prior to construction of the sewer line connecting with
Chanhassen sewer line, Developer shall furnish Chanhassen with the
following i terns:
a. Copies of executed easements for road and utility purposes.
b. A detailed plan of the proposed construction in accordance
with plans and specifications approved by the Chanhassen City
Engineer.
c. A letter of credit in the amount of 110% of the cost of
construction of the sewer line.
6. Developer shall be responsible for all construction costs and
the continuing maintenance of the sewer line connecting with the
Chanhassen sewer line. Develop shall be responsible for costs of
inspection, trunk charges, user charges, and all other charges and fees
which are normally associated with sewer service provided by Chanhassen.
7. Parcel A and any future subdivision thereof, shall be
considered as benefiting from, and be subject to, all assessments for
local improvements which may be made to Koehnen Circle by the City of
Chanhassen.
8. Public safety and emergency services for the Subject Property
will continue to be provided by Shorewood.
9. Developer shall furnish Shorewood wi th evidence satisfactory
to Shorewood that it holds fee title to the Subject Property.
. 10. This Agreement shall be binding upon and inure to the benefi t
of the parties hereto, their heirs, legal representatives, successors and
assigns.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above wri tten.
CI~,." OIANHASS~. /1 Lf
~/ /~- /k/.
cltiil.r {)LE7
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t..arole A. Sayer
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CI'IY OF SImE\\UD
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Robert Rascop, Mayor
A'ITEST:
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STATE OF MINNESOTA )
) ss
CUJNIY OF HENNEPIN)
On this &~ay of~, 1987, before me, a Notary
Public within and for said County, personally appeared
Robert Rascop and Sandra L. Kennelly, to me personally known, who, being
each by me duly sworn, did say that they are respectively the Mayor and
City Clerk of the municipal corporation named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Robert Rascop and
Sandra L. Kennelly acknowledged said 'nstr nt to be the free act and
e . cor orat 'on
18 SUSAN A. NICCUM
. .!. NOTARY PUBLIC. MINNESOTA
. . HENNEPIN CQUNTY
~ My eoIDmlsaliln Expires Mar. S. 1990
....".,..,..........trrifOry~
STATE OF MINNESOTA )
) ss
CUJNIY OF CARVER )
On this ~ day of ~. , 1987, before me, a Notary
Public within and for said County, personally appeared ~~ of_
r~th,'t'- and ~t'-r.... CL4---ILw~ ,to me personally known, who,
beIng each by me duly sworn, did say that they are respectively the Mayor
and Ci ty Manager of the municipal corporation named in the foregoing
instrument, and that said instrument was signed and sealed in behalf of
said corporat~on by_authority of its City Council, and
sai~ J:... ~~ and ~ ~acknowledged said
instrument to be the free act and deed of said corporation.
~~
Nota y bi c _ . . .
STATE OF MINNESOTA )
) ss
CUJNIY OF HENNEPIN)
On this~day of~, 1987, before me, within and for
said County, personally appeared John E. Sayer and Carole A. Sayer, who
executed the foregoing instrument and acknowledged that they executed the
same as their free act and deed.
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No ary PublIC'
8 SUSAN A. NICCUM ;",
~ NOTARY PUBLIC. MIN. NESOTA
~I HENNEPIN CQUNTY
~ My Commllllon &Plm."'r. 8, 1M
')(fyytrty"'."yyyy".IYYYWWf",~.."
That part of Lot 124, Auditor's Subdivision No. 120, ,described as:
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COllIllcneing at. a JXlint in the eR!'Jl line of Lot 124, I\uditor's
Subdi.vision No. 120 distant 860 feet. north of the sout.hcB...<lt COl'ner
thereof; thence Soulh 83 degrees, 18 minutes West n dist.anve of
336 feet to the Dctual point of bel{ irUl irtg; thence Nort.h 83
degl'eeS, 18 minutes fusl t.o the e'~t 1 ine of sllid Lot 124; thence
north along Ule east line of Lot. 124 to t.he nort.heast cot'ner
thel'cof; thence west. alollg the north line of Lut 12.1 to a point 66
feet. eu!'Jt. or the nOf,thwe!'Jl COI'ner of ~Ulid Lut. 12.1; thence south 87
.fPoet.; t.hence Hest 6B feet to Ule we!'Jt. line of Lot 12,1; tJlence
south alonJ( the we~t lirlP. thereof 105 feet; thence South 82
degrees, West 77.2 fep.t; t.hence south nlonJ( Ule Hest line of Lot
12.1 n disltlnce of 108.8 fnet tfH!reof; Ulf!Ilr~e deflecting If!rt 122
de~I'ep.9 a dist.nr,.::e of 43 feet.; thmlce deflecting right 19 d(!1(rees
n disbUlce of fit) feet, nK)re, or le!'J9, to the int.ersection wi t.h a
1 ine drawn sout.h 1'.'010 the point or heginning; thence norUl along
suid line to point. of begi.Uling. ALSO
111at. pa.rt. of Lot. 12.J, Auditor's Subdivision No. 120, described as:,
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fk.l!lnning Ilt n point on the Bout.h line of sllid Lqt., IHU feel eRSt.
of U\f~ SOUtJIHP.St corner thereof; thCllC(! eust. 228 feet. to the
soulllp-nst corner of said Lot.; thence deflenting to the left 90
dt-!lo(t'ceg 29 minutes 27 seconds, nort.herly, nl()n,~ Ule eost line of
90 id Lol, a dist.ance of 860 feet; t.hence deflecting to Ule left 95
degrees 38 minutes 26 second", weslel'ly, L\ disbUlce of 336 feet.;
Uumce deflecting to the left 85 degt'ees 07 minutes 10 seconds
sout.herly, a dist.ance of 98 feet; tlumce deflBcling t.o the left 25
degl'ees 45 millutes 58 seconds sOllt.heB..."lt.erl.r, a distance of 69
fpel, then(:e deflecting to the right 25 deJ,(I"CeS 25 minutes 34
seconds southerl;)', B dist.ance of 122 feet; t.hence deflecting to
the left 86 degrees 15 minutes 3U st....conds eUAtedy, B dist.ance of
72 feet; thence deflecting to the right 8; df!grees 21 minutes 29
Al?conds souUmrly, a distance of 5,10 feel to Ule point of
begirUling. ALSO
That ptrt. of 1.ot 124, Auditor's Subdivision No. 120, descdbed as:
1111'! WHSt 100 feet of the souU,' .165 feet of suid Lot 12,1, A\Xlitor's
Subdi vision No. 120.
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EXII/BIT I
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PAJ~EL A
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'.' sout.h 5'IU.OO fr.l~t of t.Illlt part of Lot 12,1, Auditor's SuWivislora Nu.
dcsm'.i.Let.l 89 folloHs:
llf~(d tI" I fig "t It poln t. em the Routh .l illn uf An hi l.ot, tnu fce t. ellR t
of the AUU'.'""t!Al r:or'lJer l.hnt'I!OI'. ..hlmce ennt 228 f(!(!l:. l.u the
southeast COI'lIm' of nujd I.ot.; t.llnuee cJf!rJeetlug t.u the .left 90
11r.~I'l!es :.m IIJJrlutes 27 Rf!(!Ollds, IIOl'l.IU!l".)', Dloug the efl~t. llllf? or
fluid /'ut., a dlRt-allee of OliO feel; 1.I11!1lCft dt!flt!<:U.lIg to t.l1I~ left 95
d"1U'f!eB :m nllllUl(!B 26 Rf!COlldA ,mat,!rl", Il tlist.mlco of. 33H feet.:
lhellce cff!fleeUlIJ( tu t.he It!rl 05 d'!~l'ef!fl H, mltlut.fHl If) sncondR
Roul.hf!rl.r, a dist.lUloe or !lO feel.; UIf'f1C(:! dnrl(!ctl"g to UIC l(!"t 25
dpg,-ee!'J 45 miflll'-f!R 58 scr:Olll.lR nnlJl.he(\~lt.e.'ly, n dhlltlllcn of f;9.
fE~I!t.; UII:mC(l dl~flecljlll( to ht! l'll(h.. 25 dCp.n!(!9 25 IIJinutf!s 3.1
RP.CUlIdR sOUl.her'.ly, " diAl.llflce or .22 rnet; thpll<:e duflel:tillg t.o
Om left fin dl?l(l'm!R 15 m.iflul.es :m Rt!l!OII1JA '!lmt.PI'ly, n dIRt.'UI<<:" of
;2 rf~t1l; tJlf!IIee duflr.ct.I.f1J( to lhl! l'ighl. H7 UI:MI'('(!S 21 mltlutps 29
Rf'co'1I1s Rout.lwd.)', n dialnllee of 61U feet. lo the point of
Lx ~H ir In ~ flg . Al..<;O .
Thill JJfU't. of Lot. 12.1, Audj t.o."s SuWivlaiou No. 120, dcscdbc!d us:
TJar> Hfml Inn f(~I~t of the soulh 4G5 feel of sl1id l.ot 124, Audilor's
SulxH v iRiora No. J 2U.
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PAI<<.:EL B
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fhat part of Lot 12:., Auditor's Subdivision No. 120, described as:
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Comrneneing at. a point. in Ule east. line of Lot 124, Auditor's
Subdivision No. 120 dislmlt 860 feet. north of the sout.hmLCJt conler
thereof; thence South 83 def.trees, 18 minutes West a distance of
336 feet to the Betuul point of bedllning; Ull~"ce North 83
degrees, 18 minutes Eust to the elint line of !mid Lot 12,1; thence
north along Ule eas t 1 ine of Lot, 121 to the northeas t corner
thereof: thence west. along the nC)l,th line of Lot 12.1 to a point 6()
feet emIt. of the northweRt corner of snid Lot 124; thence flout.h 8i
fl~et.; t.hmlce ,",est. 66 feet to Ule west line of Lot 124; tJlence
.south along the west line thereof 105 feet; thence South 82
degrees, West 77.2 feel; thence south along Ute west line of Lol
12.1 n distance of llJO.8 feet lhereuf; thf!lice deflecting left 122
oegn1eS a distnr}(~e of 43 feet.; thence defleclillF( dghl 19 d,~grees
n distlmce of lit) feet, "H)l'e. or lesA, t.o the int.ersect.ion wi t.h a
line drUl-lll !:1out.h f('om the point. of beginning; thence norU\ along
said 1 ine to Ix>int. of begilUling. ALSO
l1iat. part of Lol 12", Auditor's Subdivision No. 120, described as:
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Re.llinnillg at a point on the sout.h line of suld Lot., tno feet east.
of t.hp. soul.Jnmst COl'ller thel'eof; lherlcC! east 228 feel to the
soulhf!ust conler of flaid Lot; thence deClc{~ting to lhe left 90
del>(('(~eg 29 minutes 27 seconds, northerly, a.loll.l( Ule east line of
said Lot, II disl.n.nce of 860 feel; lhellce deflecting lo the left 95
cJegreC!s 38 minutes 26 seconds westerly, 8. dlstllflce of 336 feel:
thence deflecting to Ule lefl 85 degrees 07 minutes 10 seconds
flollt.herly, a diatnnce of 98 feet; thence deflecting t.o the left 25
dCgl'ees .15 millutes 58 seconds soutJlensl.erly, a dista.nce of 69
fpet, thence deflecting to lhe right 25 de~l'ees 25 minutes 34
seconds southerly, II dista.nce of 122 feet; thence deflecting to
the left 86 degrees 15 minutes 30 sf~~onds ellflterly, II distance of
72 feet; thence deflecting to the right. 87 degrees 21 minutes 29
Rel~onds souUmrly, a distance. of 5<lU feel lo Ule point of
beginning.
\,;hich lies norUl of the south 540.00 feet thereoC..
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t=XI::1IPIT 3