84-055
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RESOLUTION NO. 55-84
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 D 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.
ADOPTED, this the 27th day of August, 1984, by the Council
of the City of Shorewood, Hennepin County, State of
Minnesota.
Sandra L. Kennelly
City Clerk
This Resolution must be recorded within 30 days of the
certification date.
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DEVELOPMENT AGREEMENT
This agreement, made and entered into this ~7tn day of August,
1984, by and between the City of Shorewood, a Minnesota 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 Subdivison 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; then 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 begining.
WHEREAS, the City has agreed to allow the metes and bounds
subdivision of said lot, based upon certain assurances made by
Heiland.
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
preliminary plat, and is considered by the parties as a future
guideline only.
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.
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4. The division of the property provides for a fifty (50) foot
strip to be used for future access to parcel number~. 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:
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 Southwest
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 Northerly 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.
Dated:
, 1984
CITY OF SHOREWOOD
By: /~ ~
Robert Rascop
Its Mayor
By:
Sandra Kennelly
City Clerk
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STATE OF MINNESOTA)
) SS:
COUNTY OF HENNEPIN)
On this ~ day of fu lA' L~, 1984, before me a Notary Public,
within and for said coun~nally 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 sam as t ei free act and deed.
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N tairy PUOllC sIJSANA. NICC\JM 1
~. . NtIfflftV PUBLIC. MINNES.OTA
. ~ " . "~NNEPiN toUNf'i '6
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The foregoing instrument was aCknowlel'b~ me this ~ day of
August, 1984, by Robert Rascop (Mayor) and Sandra Kennelly (Clerk) of
the City of SHorewood, a municipal cor~~~ City.
I,. ,...... SUSAN A. NiccUM I
No ar~ pu~ iN:'''''U.l'.' MINNWl'
..' \ \'f HENNEPIN COUNTY
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<( "Y'YYYY'f'(YmYYV'f'Iv"v""",,nl'()(
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STATE OF MINNESOTA)
) SS:
COUNTY OF HENNEPIN)
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EXHIBIT B
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