86-064RESOLUTION NO. 64 -86 4
WHEREAS, J.J. Carpenter, representing Highway 7 Properties has applied
for a division of certain properties in the City of Shorewood, County of
Hennepin. Minnesota, legally described in Exhibit A and B, attached hereto and
made a part hereof: and
WHEREAS, the applicant has prepared a Declaration of Party Wa11,
Driveway, Water System and Electrical Easement and Maintenance of Same
Agreement, attached as Exhibit C, which is to be filed herewith and become a
restriction on the above - described properties; and
WHEREAS, said requested division complies in all respects with the
zoning ordinance of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
1. That the property legally described in Exhibit A above be divided
into two parcels, legally described in Exhibit D, attached hereto and made a
part hereof.
2. That the property legally described in Exhibit B above be divided
into two parcels, legally described in Exhibit E. attached hereto and made a
part hereof.
3. That the City Clerk furnish applicants with a certified copy of
this resolution for filing with the Hennepin County Recorder.
4. That the applicant record the division within 30 days of his
receipt of the date of certification of this resolution.
ADOPTED BY THE CITY COUNCIL this 5th day of June, 1986.
Mayor
ATTEST:
City Clerk
E
•
LEGAL DESCRIPTION
"Lot 1, Block 1 St. Alban's Bay Estates Second Addition"
•
I - J
RYUTRTT A
•
LEGAL DESCRIPTION
"Lot 2, Block 1 St. Alban's Bay Estates Second Addition"
C]
•
EXHIBIT B
• DECLARATION OF PARTY WALL, DRIVEWAY, WELL
AND COVENANTS AND RESTRICTIONS RE USE
This Declaration, made this day of , 1986,
by Miller F. Myers and Janet R. Myers, husband and wife
( "Declarant ").
WITNESSETH:
WHEREAS, Declarant is the owner in fee simple of property
legally described as:
Legal description of entire property on Exhibit A
attached hereto and made part hereof ( "Property ");
and
WHEREAS, there exists on the Property a double bungalow
(sometimes referred to herein as "Residence Building "), which
• with adjoining parts of the Property as hereinafter set forth,
Declarant desires to divide into two parcels, and which parcels
are defined as "Parcel A" street address 20560 Excelsior
Boulevard, Shorewood, and as "Parcel B" street address 20562
Excelsior Boulevard, Shorewood, on Exhibit A attached hereto; and
WHEREAS, to effect the division of the Property into Parcel
A and Parcel B, Declarant has had the Property surveyed and,
prior to the recording of this Declaration, has obtained approval
for division of the Property into Parcel A and Parcel B from the
City of Shorewood; and
WHEREAS, Parcel A and Parcel B share certain parts of the
Property or improvements in common as hereinafter set forth,
including, but not limited to, a party wall, well and driveway;
and
• WHEREAS, to establish the rights and obligations of the
Owners of Parcel A and Parcel B ( "Parcel A Owner" and "Parcel B
Owner," respectively), and to regulate the use and operation of
the common elements on the Property between Parcel A and Parcel
B, it is necessary to establish certain covenants, restrictions,
easements and conditions on the Property;
NOW, THEREFORE, Declarant hereby declares that Parcel A and
Parcel B shall be held, sold and conveyed subject to the follow-
ing easements, restrictions, covenants and conditions, which are
for the purpose of protecting the value and desirability of, and
which shall run with the Property and be binding on all parties
having any right, title or interest in the Property or in any
part thereof, and shall inure to the benefit of each Owner
• thereof.
ARTICLE I
DEFINITIONS
For the purposes of this Declaration, the following terms
shall have the meanings hereinafter set forth.
Section 1
"Living Unit" shall mean and refer to any portion of the
Residence Building situated upon the Property, designed and
intended for use and occupancy for residential purposes.
Cnr.4 -; nn 7
"Lot" shall mean and refer to Parcel A or Parcel B.
Section 3
"Owner" shall mean the record owner, whether one or more
• persons or entities, of a fee simple title to each Lot which is a
-2-
. part of the Property, and contract sellers and vendees whether
recorded or unrecorded. Parcel A Owner and Parcel B Owner are
Owners.
Section 4
"Defaulting Owner" shall mean and refer to the Owner of a
Living Unit who allows or otherwise is responsible for the
attachment of any mechanic's lien to any portion of the Property
arising from work done or materials supplied to make repairs to
the Owner's Living Unit.
ARTICLE II
GENERAL PROVISIONS
RAri- inn 1
Enforcement Any Owner shall have the right to enforce, by
• any proceeding at law or in equity, or both, all of the terms and
provisions of this Declaration.
Section 2
Arbitration In the event of any dispute arising under the
provisions of this Declaration, each Owner shall choose one arbi-
trator and such arbitrator shall choose an additional arbitra-
tor. The decision of a majority of all the arbitrators shall be
final and conclusive of the question involved. If either party
refuses or fails to promptly appoint an arbitrator, the same may
be appointed by any Judge of the District Court for Hennepin
County, Minnesota. Arbitration shall be in accordance with the
Rules of the American Arbitration Association.
•
-3-
r 1
LJ
Section 3
Fnr-rnne%hmon*
If any portions of a Living Unit or any Lot
shall actually encroach upon the other Lot, or if any such
encroachment shall hereafter arise because of settling or shift-
ing of the Residence Building, or any other structure allowed on
a Lot, or any other cause, there shall be deemed to be an ease-
ment in favor of the Owner of the encroaching Living Unit or
other structure to the extent of such encroachment, so long as
the same shall exist.
Car *inn d
Mechanic's Liens Each Defaulting Owner agrees to indemnify
and hold harmless the Owner of an adjoining Living Unit for any
mechanic's liens arising for work done or materials supplied to
• make repairs or replacements for which the Defaulting Owner is
responsible.
Section 5
Severability Invalidation of any of the covenants by judg-
ment or court order shall in no way affect any of the other pro-
visions, which shall remain in full force and effect.
Car *inn A
•
Right of Contribution to Run With Land The right of any
Owner to contribution from any other Owner under this Declaration
shall be appurtenant to the land and shall pass to such Owner's
successors in title.
-4-
•
ARTICLE III
BUILDING AND USE RESTRICTIONS AND
PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS
Section 1
1?oC i rlcni i n l TTenn
No Lot or Living Unit shall be used except
for residential purposes.
Section 2
No Noxious Activity No noxious or offensive activity shall
be conducted on any Lot or Living Unit, nor shall anything be
done thereon which may be or become an annoyance or nuisance to
other Owners.
Section 3
Garbage and Refuse Removal No Lot shall be used or main-
tained as a dumping ground for rubbish. Trash, garbage and other
waste shall not be kept, except in sanitary containers.
Section 4
No Animals Except Pets No fowl, animals or insects shall
be kept on any Living Unit or Lot, except dogs, cats and other
common household pets, provided that they are not kept, bred or
maintained for any commercial purposes.
Section 5
Prohibited Structures No structure of any temporary char-
acter, trailer, basement, tent, shack, garage or other building,
except the Residence Building shall be placed on or used on any
Lot at any time as a residence, either temporarily or perma-
nently.
U
-5-
• Section 6
Hazardous Activities Prohibited No Owner shall engage in
or permit any activities in the Living Unit or on the Lot, or
maintain or permit any conditions in the Living Unit or on the
Lot, which would be considered extrahazardous for fire insurance
companies or would adversely affect the insurability of the
Living Unit which shares a Party Wall with the Owner's Living
Unit.
Cnn +- i ^n 7
Landscaping The Owner of any Lot shall cause the land
owned to be seeded and suitably planted with grass, trees and
decorative shrubs, excepting, however, such part thereof as is
used for driveway and parking space.
. Section 8
Remodeling No structure of any kind shall be built or
remodeled or reconstructed on the Property, unless the same shall
be covered over on its outside walls with stucco, brick, stone,
metal, wood or composition siding, so as to conform to the siding
and appearance of the other half of the Residence Building of
which it is a part.
Section 9
Roofing and Out Buildings All roof surfaces shall be
covered with shingles of wood or composition, or with slate or
tile, so as to conform in both color and style with the roof
construction of the other half of the Residence Building of which
it is a part. A garage or other out building on any Lot, or any
• portion thereof, shall be of construction and architectural type
similar to the Residence Building.
-6-
■
•
Section 10
Insurance - Replacement Each Owner shall maintain fire and
extended coverage insurance on the Living Unit in the full
replacement cost thereof and shall, in the event of damage to or
destruction of the Living Unit, restore it to the condition in
which it was prior to the damage or destruction.
Section 11
Maintenance Each Owner of a Living Unit shall maintain the
Lot and the exterior of the Living Unit in good condition and
repair and in a clean and neat condition.
Section 12
Architectural Control The Owner of a Living Unit may
replace exterior components of the Living Unit with similar com-
ponents of the same design and color, and may paint the exterior
of the Living Unit with paint of the existing color of the exter-
ior, but may not, either in the course of ordinary replacement or
remodeling or restoration after damage or destruction, employ
different siding or roofing material or a different color scheme,
without the written consent of the Owner of the adjoining Living
Unit.
Section 13
Covenants to Run With Land These restrictions shall oper-
ate as covenants running with the land and shall be binding on
and inure to the benefit of any and all persons who now own, or
may - hereafter own, Parcel A or Parcel B, and such persons are
specifically given the right to enforce these restrictions
• through any proceedings, at law or in equity, against person or
-7-
r
• persons violating or threatening to violate such restrictions,
and to recover any damages suffered by them for any violation
thereof.
ARTICLE IV
PARTY WALL
Barr* i nn 1
Declaration of Party Wall Declarant hereby declares and
establishes the single common wall located on the dividing line
between the two Living Units and which divides the Residence
Building into two Living Units to be a "Party Wall."
Section 2
General Rules of Law to Apply To the extent that they are
not inconsistent with the provisions of this Declaration, the
general rules of law regarding Party Walls and liability for
property damage thereto, due to negligent or willful acts or
omissions, shall apply.
Section 3
Share of Repair and Maintenance The cost of reasonable
repair and maintenance of the Party Wall shall be shared equally
by the Owners of the two Living Units.
Section 4
Destruction by Fire or Other Casualty If a Party Wall is
destroyed or damaged by fire or other casualty, or by physical
- deterioration, any Owner may restore it, and shall have an ease-
ment over the adjoining Living Unit for purposes of making such
restoration. The Owners of the two adjoining Living Units which
share the Party Wall shall contribute equally to the cost of
-8-
• restoration thereof, without prejudice, however, to the right of
any such Owner to call for a larger contribution from the other
Owner under any rule of law regarding liability for negligent or
willful acts or omissions.
Coe-+- i nn S
Weatherproofing Notwithstanding any other provisions of
this Article, any Owner, who by his negligent or willful act,
causes any Party Wall to be exposed to the elements of excessive
heat or cold, shall be responsible for the repair of the Party
Wall for any damage caused by such exposure.
ARTICLE V
COMMON DRIVEWAY
Car•f- i nn l
• Common Driveway Parcel A and Parcel B share a Common
Driveway, part of which is located on Parcel A and part of which
is located on Parcel B.
Caret i nn 7
Easement There is hereby declared and created an easement
for ingress and egress for the benefit of Parcel B over that
portion of the Common Driveway located on Parcel A and an ease-
ment for ingress and egress for the benefit of Parcel A over that
portion of the Common Driveway located on Parcel B.
Use The Common Driveway shall be used by all of the par-
ties; provided, however, that the Owner of the Lot on which each
portion of the Common Driveway is located may not erect a fence
• or plant shrubs, trees or other types of foliage which would
-9-
interfere with or prevent the use of the Common Driveway by the
• Owner of the other Lot.
Section 4
Repair and Maintenance Parcel A Owner shall be responsible
for the repair and maintenance of only that portion of the Common
Driveway lying upon Parcel A. Parcel B Owner shall be responsi-
ble for the repair and maintenance of only that portion of the
Common Driveway lying upon Parcel B.
ARTICLE VI
WATER SYSTEM
Section 1
Location of Well A single water system consisting of a
well, water pipes, holding tank and such other components as
• there may be ( "Water System ") serves both Parcel A and Parcel B.
Section 2
Right to Use Both Parcel A Owner and Parcel B Owner shall
have the unrestricted right to use water from the well and hold-
ing tank located on the Property, together with unrestricted use
and access to all pipes which deliver water from the well to
Parcel A and Parcel B.
Section 3
Share of Repair, Maintenance and Capital Improvements The
cost of reasonable repair and maintenance of the well and holding
tank and water pipes and such other components of the Water
System as there may be, as well as any capital improvements which
are required, shall be shared equally by the Owners of Parcel A
• and Parcel B. If the Water System or any component thereof
-10-
• requires repair or replacement, either Owner may arrange for same
and the Owner of each shall have an easement over the adjoining
Lot for the purposes of such repair or replacement.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has caused these presents to be executed as of the day
and year first above written.
Miller F. Myers
Janet R. Myers
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
• The foregoing instrument was acknowledged before me this
9 9 9
day of , 1986, by Miller F. Myers and
Janet R. Myers, husband and wife.
Notary Public
•
-11-
•
EXHIBIT A
Legal Description
I .
Land in Hennepin County, Minnesota, described as follows:
Lot 1, Block 1, St. Albans Bay Estates, Second Addition.
II.
Parcel A:
That part of Lot 1, Block 1, St. Albans Bay Estates,
Second Addition, Hennepin County, Minnesota, which lies
easterly of the following described line: commencing
at the southeasterly corner of said Lot 1; thence south
68 degrees 22 minutes 18 seconds west assumed bearing
along the southerly line of said Lot 1 a distance of
51.30 feet to the beginning of the line to be
described; thence north 2 degrees 20 minutes west
262.04 feet to the northerly line of said Lot 1 and
• there terminating.
Street Address: 20560 Excelsior Boulevard
III.
Parcel B:
That part of Lot 1, Block 1, St. Albans Bay Estates,
Second Addition, Hennepin County, Minnesota, which lies
westerly of the following described line: commencing
at the southeasterly corner of said Lot 1; thence south
68 degrees 22 minutes 18 seconds west assumed bearing
along the southerly line of said Lot 1 a distance of
51.30 feet to the beginning of the line to be
described; thence north 2 degrees 20 minutes west
262.04 feet to the northerly line of said Lot 1 and
there terminating.
Street Address: 20562 Excelsior Boulevard
:7
1 4 1
•
CONSENT OF MORTGAGE
, a
holder of mortgage on premises legally described on Exhibit A
attached hereto and made a part hereof, dated ,filed
, as Document No. , in the Hennepin
County Recorder's Office, from , as
Mortgagor, hereby consents to and agrees to be bound by the cove-
nants, easements, restrictions, charges and liens set forth in
the foregoing Declaration of Party Wall, Driveway, Well and
Covenants and Restrictions Re Use, dated this day of
, 198
By
Its
bw
and
By
Its
STATE OF MINNESOTA)
• ) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 198_, by
and
, its and
, respectively, on behalf of the Corporation.
Notary Public
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•
I hereby certify
that this is - a true
and correct
representation of a
survey of the
boundaries of the
below described
property and the
location of all
buildings, if any,
thereon, and all
visible
encroachments, if
any, from or on said
land. As surveyed
by me this 23rd day
of January 1985.
Ronald J. Swenson, — —
Registered Land
Surveyor, Minn. Lic.
No. 13297
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LEGAL DESCRIPTION
That part of Lot 1, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION, Hennepin
County, Minnesota, which lies westerly of the following described line:
Commencing at the Southeasterly corner of said Lot 1; thence South 68 degrees 22
minutes 18 seconds West assumed bearing along the Southerly line of said Lot 1 a
distance of 51.30 feet to the beginning of the line to be described; thence North
2 degrees 20 minutes West 262.04 feet to the northerly line of said Lot 1 and
there terminating.
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PPEPAREii FOR:
E[)FIELD HOJES, INC.
I hereby certify
that this is a true
and correct
representation of a
survey of the
boundaries of the
below described
property and the
location of all
buildings, if any,
thereon, and all
visible
encroachments, if
any, from or on sai
land. As surveyed
by me this 23rd day
of January 1985.
Ronald J. Swenson,
Registered Land
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No. 13297 S)WrE RWY. .41
LEGAL DESCRIPTION
That part of Lot 1, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION, Hennepin
County, Minnesota, which lies easterly of the following described line:
Commencing at the Southeasterly corner of said Lot 1; thence South 68 degrees 22
minutes 18 seconds West assumed bearing along the Southerly line of said Lot 1 a
distance of 51.30 feet to the beginning of the line to be described; thence Nortf
2 degrees 20 minutes West 262.04 feet to the northerly line of said Lot 1 and
there terminating.
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I hereby certify
that this is a true
and correct
representation of a
survey of the
boundaries of the
below described
property and the
location of all
buildings, if any,
thereon, and all
visible
encroachments, if
any, from or on said
land. As surveyed
by me this 23rd day Sw Cor of
of January 1985.
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Registered Land
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LEGAL DESCRIPTION
That part of Lot 2, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION, Hennepin County,
Minnesota, which lies westerly of the following described line: Commencing at the
Southwesterly corner of said Lot 2; thence North 68 degrees 22 minutes 18 seconds East
assumed bearing along the Southerly line of said Lot 2 a distance of 77.11 feet to the
beginning of the line to be described; thence North 22 degrees 05 minutes West 247.32
feet to the northerly line of said Lot 2 and there terminating.
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I hereby certify
that this is a true
and correct
representation of a
survey of the
boundaries of the
below described
property and the
location of all
buildings, if any,
thereon, and all
visible
encroachments, if
any, from or on said
land. As surveyed
by me this 23rd day
of January 1985.
Ronal tJ. Swenson,
Registered Land
Surveyor, Minn. Lic.
No. 13297
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LEGAL DESCRIPTION
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That part of Lot 2, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION, Hennepin County,
Minnesota, which lies easterly of the following described line: Commencing at the
Southwesterly corner of said Lot 2; thence North 68 degrees 22 minutes 18 seconds East
assumed bearing along the Southerly line of said Lot 2 a distance of 77.11 feet to the
beginning of the line to be described; thence North 22 degrees 05 minutes West 247.32
feet to the northerly line of said Lot 2 and there terminating.
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