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94-028 . . . CITY OF SHOREWOOD RESOLUTION NO. g 4 - 28 A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND GRANTING A VARIANCE FOR TWO DWELLINGS ON ONE LOT FOR MATT DONAHUE WHEREAS, Matt Donahue (Applicant) is the owner of real property located at 5275 St. Alban's Bay Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A (the Property), attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of the Property described in Exhibit A, into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the proposed division of the Property will result in two parcels containing approximately 126,324 and 145,490 square feet in area and the minimum lot area requirement for the zoning district in which the Property is located is 40,000 square feet; and WHEREAS, the Applicant proposes to temporarily locate a single-family dwelling on the westerly lot while constructing a new home on said westerly lot; and WHEREAS, Shorewood' s Zoning Code limits the number of homes on a single- family lot, and whereas the Applicant has requested a variance; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 3 January 1994, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 4 January 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 14 February 1994, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff; and WHEREAS, the Applicant and all other parties holding an interest in the Property have agreed to grant to the City of Shorewood drainage and utility easements as described in Exhibits C, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to establish a sanitary sewer easement across Parcel A in favor of Parcel B as legally described in Exhibit B, a copy of which easement is shown on Exhibit D, attached hereto and made a part hereof. ., . . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Property proposed to be divided is zoned R-IA and contains approximately 268,814 square feet of area. 2. That the two lots exceed the minimum size requirements for the R-IA zoning district, but the Applicant proposes that the lots not be further divided. 3. That the Applicant has provided a Declaration of Restrictive Covenant, attached as Exhibit E and made a part hereof, which Declaration ensures that Parcel Bas described in Exhibit B will not be further divided. 4. That the Applicant proposes to locate a temporary dwelling on Parcel A for one year while he builds a new home on Parcel A. CONCLUSION A. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B. B. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). C. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance to locate a temporary dwelling on Parcel A, while a new home is being built, subject to the following conditions: 1. The proposed temporary structure shall comply with all pertinent building code requirements. 2. The temporary structure must be moved in by a licensed house mover, on a route approved by the City Engineer, at a time approved by the Police Department. 3. The Applicant must provide an estimate of the cost to remove the structure, from a licensed house mover. From this estimate the City will require a cash escrow or letter of credit in the amount of 150% of the estimate to insure that the structure will be removed within a specified time. 4. The applicant must use the variance by 14 March 1995. The temporary structure shall be removed from the property within one year of when it is located on the property. - 2 - . -, . . . 5. The temporary structure must be connected to the sanitary sewer. 6. The temporary structure must be located within the buildable area of the lot. 7. If the permanent home is not built, the temporary structure shall be removed or brought into conformity with all Shorewood City Codes. D. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. E. That the Applicant record this resolution, together with the drainage and utility easements shown on Exhibit C, the sanitary sewer easement shown on Exhibit D, and the Declaration of Restrictive Covenant shown on Exhibit E with the Hennepin County Recorder or Registrar of Title within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of March, 1994. ATTEST: C. Hurm, City Administrator/Clerk - 3 - '\. . Existina: Lea:aI Description Lot 69, and Lot 70 except that part of said Lot 70 lying Southerly of the following described line: Commencing at the Southeast corner of said lot; thence North along the East line of said lot a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the Westerly line of said lot, and there ending, Auditor's Subdivision Number One Hundred and Forty One (141), Hennepin County, Minnesota. . . Exhibit A " . . . .. Proposed Lea:aI Description - Parcel A That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. Proposed Lea:aI Description - Parcel B That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. Exhibit B .. . . f-1AR 14' '34 1:3: 09 LOl^JF(( HILL LAl-J F' " .Co GRANT O~ EASEMENI THIS GRANT OF EASEMENT is made on this day of March, 1994, by Matthew J. Donahue and Anne M. Donahue, husband ~nd wife; (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 certain utilities. 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 assignst 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. 1 Exhibit C ~lAR 14'94 13: 09 LOWRY HILL LAl^J P.3 . 2. Use of Easement TraQ! - 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. 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 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. 4. ~pverning 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: City Administrator 2 r'1HF~ 14"34 13:10 LO~'lP\' HILL LRl,.,J r'.4 . By: Its: City Clerk GRANTORS: STATE OF MINNESOTA 5S. COUNTY OF HENNEPIN This instrument was acknowledged before me on 1994, by" and , the City . Administrator and City Clerk, respectively of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN This instrument was acknowledged before me on March , 1 994 by Matthew J. Donahue and Anne M. Donahue, husband and wife. Notary Public CQN~I;NT OF MORTGAGEE . Comerica Mortgage Corporation, a corporation, (Mortgagee), is 3 . . . t'1AP 14' 94 13: 11 LOWP'y' HILL LAl.<J P.5 the holder of a mortgage granted by Matthew J, Donahue and Anne M, Donahue, husband and wife, 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 March , 1994, by and between Matthew J. Donahue and Anne M. Donahue, husband and wife, and the City of Shorewood, a Minnesota municipal corporation. COMERICA MORTGAGE CORPORATION By: Its: STATE OF : 55. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1 994 by the of Comerica Mortgage, a corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark V. Lofstrom, ARN: 64154 LOWRY HILL LAW OFFICES 1900 Hennepin Avenue South Minneapolis, Minnesota 55403 (612) 872-0222 4 . . . MAR 14 '94 13:11 LOWRY HILL LAW F'.6 EXHlBlT A That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota; which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. AND That part of Lot 69; Auditor's Subdivision No. 141, Hennepin County, Minnesota; which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 1 56.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. . . . f'lRR 14'94 E:: 12 LOWRY HILL LR~.j P.? EXHIBIT B The Real Estate, situated in the County of Hennepin, State of Minnesota, described as follows, to-wit: A. The westerly, northerly, and southeasterly 10 feet of the following described property: That part of Lot 69, Auditor. s Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerJy along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. 8. The northwesterly, northerly, easterly and southeasterly 1 0 feet of the following described property: That part of Lot 69, Auditor's Subdivision No. 14'1, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly defJecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 1 4 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. r'1AR 14' 94 13: 12 LOWRy' HILL LAW P, 8 . GRANT Of EASeMENT . . THIS GRANT OF EASEMENT is made on this day of March, 1994, by Matthew J. Donahue and Anne M, Donahue, husband and wife; (Grantor), to Matthew J. Donahue and Anne M. Donahue, husband and wife, (Grantee). 8ECIT ALS 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 certain utilities, 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, Perro~n~nt E?l~ell')~ot - Grantors hereby grant to Grantee, its successors and assigns, a permanent easement (the Permanent Easement) for 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. 1 Exhibit D . MRR 14 '94 13:13 LOWRY HILL LRW P.9 2. Use of E.asement 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 utilities on the Permanent Easement. 3. Benefit of E~serTum1 - This Permanent Easement is conveyed solely for the benefit of the Real Property described on Exhibit C attached hereto. Ownership of this Permanent Easement shall pass with the ownershipof.the Real Property described on Exhibit C. 4. Warranty Qf T~ - 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. . 2 MAR 14 '94 13: 14 Lm~R'( HILL LAW P.10 . IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the above date. GRANTEES: GRANTORS: STATE OF MINNESOTA ss. . COUNTY OF HENNEPIN This instrument was acknowledged before me on March I 1 994 by Matthew J. Donahue and Anne M. Donahue, husband and wife. Notary Public CONSENT Of MORTGAGEE Comerica Mortgage Corporation, a corporation, (Mortgagee), is the holder of a mortgage granted by Matthew J. Donahue and Anne M. Donahue, husband and wife, 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 March , 1 994/ by and between Matthew J. . 3 . . . r'1RR 14 "94 13: 14 LOl-JRY HILL LRW P.ll Donahue and Anne M. Donahue, husband and wife, and the City of Shorewood, a Minnesota municipal corporation. COMERICA MORTGAGE CORPORATION By: Its: STATE OF ) ) 58. ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1 994 by the of Comerica Mortgage, a corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark V. Lofstrom, ARN: 64154 LOWRY HILL LAW OFFICES 1 900 Hennepin Avenue South Minneapolis, Minnesota 55403 (612) 872-0222 4 . . . MAR 14 '94 13:15 LOWRY HILL LAW P.12 EXHIBIT A That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. . . . MAR 14 '94 13: 15 LO~Jf':Y HILL LAW P.13 EXHIBIT B An easement for utility purposes over that part of the following described property: That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies Northwesterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending. Which lies within 10.00 feet on each side of the following described centerline: '. Commencing at the Northeast corner of said Lot 69; thence westerly along. the North line of said Lot 69 a distance of 179.53 feeti thence southwesterly deflecting left 52 degrees a distance of 387.00 feet to the point of beginning of the centerline being described; thence southwesterly, deflecting right 27 degrees 21 minutes to the southwesterly line of said Lot 69, and said centerline there ending. . . . MAR 14 '94 13: 15 LOI-JR'( HILL LAW r'.1"1 ~XHIBIT C That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. .' .(, . . . DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION is made this day of March, 1994, by Matthew J. Donahue and Anne M. Donahue, husband and wife ("Declarants"). RECIT ALS A. Declarants are the owners of real property, hereinafter referred to as "the Real Property", located in the County of Hennepin, State of Minnesota, described as: That part of Lot 69, Auditor's Subdivision No. 141, Hennepin County, Minnesota, which lies southeasterly of the following described line and its extensions: Commencing at the Northeast corner of said Lot 69; thence westerly along the north line of said Lot 69 a distance of 179.53 feet to the point of beginning of the line being described; thence southwesterly deflecting left 52 degrees to the southwesterly line of said Lot 69, and said line there ending; AND Lot 70, said Auditor's Subdivision No. 141, EXCEPT that part thereof lying southerly of the following described line: Commencing at the Southeast corner of said Lot 70; thence north along the East line of said Lot 70 a distance of 249 feet to the point of beginning of the line being described; thence deflecting left 100 degrees a distance of 147 feet; thence deflecting left 18 degrees 28 minutes a distance of 156.82 feet; thence deflecting left 14 degrees 03 minutes 30 seconds to the westerly line of said Lot 70, and said line there ending. B. Declarants have requested of the City Council of the City of Shorewood, Minnesota, that their property be subdivided into two parcels, and that one of the resulting parcels would be described as set forth in Recital A, the Real Property. As a condition for approval of said lot split/subdivision, the City Council Exhibit E .' . . . . . . has required that Declarants execute and record this Declaration in order to impose certain restrictions on the use of the Real Property. C. Declarants have agreed to execute and record this Declaration for the purpose of satisfying the above condition of the City of Shorewood. NOW, THEREFORE, in consideration of the foregoing Recitals, Declarants hereby declare that all of the Real Property described in the above Recital A shall be held, transferred, leased, occupied and developed, subject to the following restriction: 1. The Real Property will not be redivided in the future. 2. The restrictive covenant established by this Declaration shall apply to and bind Declarants and each and every owner of any part of the Real Property, and their respective successors and assigns, and shall operate as a covenant passing with the title to the Real Property and any part thereof. Said restrictive convenant is imposed upon the Real Property as a servitude in favor of the City of Shorewood for its benefit only. 3. The restrictive covenant established by this Declaration is perpetual in duration. Said restrictive covenant may, however, be terminated and released at any time, in whole or in part, by the City by means of a written release, in recordable form, duly executed by the City. The restrictive convenant established by this Declaration is for the exclusive benefit of the City and may be terminated and released by the City, in whole or in part, without the consent or approval of any owner of the Real Property or any part thereof. 4. The restrictive covenant established by this Declaration shall be enforceable solely and exclusively by the City of Shorewood, and shall be enforceable by injunctive relief, prohibitive or mandatory, to prevent breach of or to enforce performance or observance of this restrictive covenant or by any other appropriate legal remedy. 5. Failure to enforce the restrictive covenant established by this Declaration in any particular instance shall in no event by deemed to be a waiver of the right to do so as to any subsequent violation. 2 .' . . . . , 6. Invalidation of any of the terms, covenants, restrictions and conditions of this Declaration, whether by Court Order or otherwise, shall in no way effect any of the other terms and conditions, which shall remain in full force and effect. IN WITNESS WHEREOF, Declarants have caused this Declaration of Restrictive Covenant to be executed as of the date and year first above written. Matthew J. Donahue Anne M. Donahue The foregoing instrument was subscribed and acknowledged this _ day of March, 1994, by Matthew J. Donahue and Anne M. Donahue, husband and wife, as their free act and deed. Notary Public This instrument was drafted by: Mark V. Lofstrom Lowry Hill Law Office 1900 Hennepin Avenue South Minneapolis, Minnesota 55403 612/872-0222 ARN: 64154 3