85-045
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RESOLUTION NO. 45 -85
BE IT RESOLVED, that the Council of the City of Shorewood,
Hennepin County, State of Minnesota, has approved the
request of Jane C. and James Heiland of 25605 Smithtown
Road to combine and divide their properties identified
for tax purposes as PID # 33-117-23-23-0025, PID#
33-117-23-23-0026, and PID# 32-117-23-14-0042 into
three (3) parcels as described in attachment Exhibit A.
1) Parcel A
2) Parcel B
3) Parcels C and 0 in combination.
. FURTHER BE IT RESOLVED, that Jane C. and James Heiland have
agreed and must comply with the attached signed
Development Contract.
FURTHER BE IT RESOLVED, that any and all Park Fund fees and
any additional assessments that may be required because
of this division be accepted and paid.
hi-. -
ADOPTED, this the I~ day of Ju..,vc
, 1985. by the
Council of the City of Shorewood, Hennepin County, State
of Minnesota.
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DEVELOPMENT AGREEMENT
J'HIS AGREEMENT. ' made and entered into this /O~day Of.
~~ , 1985, by and between the City of Shorewood, a
Minrresota municipal corporation, hereinafter referred to as "City",
and James Heiland and Jane Heiland, husband and wife, as joint
tenants, hereinafter referred to as "Heiland".
WHEREAS, Heiland is the owner of certain property described
as:
Lots 99, 100 and east 97 feet of Lot 101, Auditor's
Subdivision No. 133, and that part of east 316.3 feet of
southeast 1/4 of northeast 1/4 of Section 32 and that part
of southwest 1/4 of northwest 1/4, Section 33, Township
117, Range 23, described .as beginning at the intersection
of east line of Section 32 and southerly right-of-way line
of Chicago and Northwest Railroad; then north 48 degrees,
54 minutes, 34 seconds east distance 45.19 feet to the
south line of Smithtown Road; thence north 75 degrees,
05 minutes, 26 seconds west along last said south line
distance 30.15 feet to a line drawn parallel with and 25
feet southeasterly of center line of said Railroad; then
south 48 degrees, 54 minutes 34 seconds west along said
parallel line distance 425.0. feet to west line of east
316.3 feet of Section 32; then south 0 degrees, 10 minutes,
04 seconds east parallel with east line of Section 32,
distance 33.09 feet to south line of said Railroad right-
of-way; then northeasterly along last said south line
418.35 feet to the point of beginning.
WHEREAS, the City has by prior resolution agreed to allow the
metes and bounds subdivision of said lot, based upon certain assurances
made by Heiland, and in reliance thereof Heiland has in fact entered
into various documents to effect that subdivision;
NOW THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the metes and bounds subdivision, the City
and Heiland agree as follows:
1. That the City agrees that the property may be divided in
accordance with the descriptions as contained in the attached Exhibit A.
2. That Heiland has submitted to City, and attached hereto,
as Exhibit B, a resubdivision sketch of said property to be used
to guide the City for future subdivision of the property. It is,
however, understood by the parties, that the resubdivision sketch
is not a preiiminary plat, and is considered by the parties as a
future guideline only.
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3. That Heiland agrees for himself, his heirs, successors and
assigns, that when said property is resubdivided, that the entire
parcel, number C will be subdivided by platting in accordance with
the requirements of any existing subdivision ordinances at the time
of the subdivision.
4. The division of the property provides for a fifty (50) foot
strip to be used for future access to parcel number C. It is agreed
between the parties that such strip shall be treated as a public
right-of-way in terms of building setbacks.
5. That the property described in Exhibit A as parcel number A
shall be joined with and be combined with the following described
property:
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That part of Lot 1, Eureka, described as follows: Beginning
at a point on the South line of Lot 1, 68 feet East of the South-
west corner of said Lot 1; thence North and parallel with the
West line 619.0 feet to the actual point of beginning of land
to be described; thence West at right angles 56.0 feet; thence
North and parallel to the West line of Lot 1 to the North line
of Lot 1; thence Northeasterly and Southeasterly on the North-
erly line of Lot 1 to a point, said point being 18.0 feet West,
measured at right angles from the Northerly extension of the
East line of Lot 1, thence South and parallel with the East
line of Lot 1 to a line perpendicular to the West line of Lot
1 running through the actual point of beginning; thence West
on said line 37.0 feet more or less to the actual point of
beginning.
6. That on parcel number C there are three existing accessory
buildings which constitute non-conforming use. The City heretofore
has granted a variance for one year to allow the buildings to remain
on the property until such time as a new building has been constructed
on the lot, or August 30, 1985, whichever occurs sooner, at which
time said variance shall terminate and the buildings must be removed.
7. Heiland agrees to provide City with the necessary drainage
and utility easements as shown and described on the attached Exhibit C,
to be recorded simultaneously with this resolution.
Dated:
,1985.
~~..~
ames Heiland
~OF SHOREWOOD
By ~:P~
Robert ascop, Its Mayor
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~~f~ ~
. Jane Heiland
? --Ld-
Sandra Kennelly, City Cl~'
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STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
On this ~th day of nl\1le-.. , 1985, before me a Notary
Public within and for said ~ty, personally appeared JAMES HEILAND
and JANE HEILAND,husband and wife as joint tenants, known to me to
be the persons described in and who executed the foregoing instrument
and acknowledged that they executed the same as their free act and
deed.
I. A.UAl.AUW~~~ift~~~~~'~IU&~1
A NOTARY PUBLIC MINNESOTP
't.,4' HENNEPIN COUNTY
.... My Commlsslon Expires Mar. 6, 1990 t
Y.,.,mln,ny"lffft'fi'tn."""."yyVVSC
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STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1985, by Robert Rascop (Mayor) and Sandra
Kennelly (Clerk) of the City of Shorewood, a municipal corporation
on behalf of the city.
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