94-028
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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.
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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.
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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
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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.
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Exhibit A
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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
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f-1AR 14' '34 1:3: 09 LOl^JF(( HILL LAl-J
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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.
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Exhibit C
~lAR 14'94 13: 09 LOWRY HILL LAl^J
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. 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
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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.
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GRANTEE:
CITY OF SHOREWOOD
By:
Its: City Administrator
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r'1HF~ 14"34 13:10 LO~'lP\' HILL LRl,.,J
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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
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t'1AP 14' 94 13: 11 LOWP'y' HILL LAl.<J
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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
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MAR 14 '94 13:11 LOWRY HILL LAW
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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.
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f'lRR 14'94 E:: 12 LOWRY HILL LR~.j
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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
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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.
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Exhibit D
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MRR 14 '94 13:13 LOWRY HILL LRW
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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.
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MAR 14 '94 13: 14 Lm~R'( HILL LAW
P.10
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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.
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r'1RR 14 "94 13: 14 LOl-JRY HILL LRW
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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
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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.
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MAR 14 '94 13: 15 LO~Jf':Y HILL LAW
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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.
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MAR 14 '94 13: 15 LOI-JR'( HILL LAW
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~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.
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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
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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.
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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
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