94-027
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 94 -27
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
WHEREAS, Warren E. McCurdy (Applicant) has an interest in certain real property
in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part
hereof; and:
WHEREAS, the Applicant has applied to the City for a subdivision of said real
property into two parcels legally described in Exhibit B, attached hereto and made a part
hereof; and
WHEREAS, the Applicant and all other parties holding an interest in said real
property have agreed to grant to the City an easement for drainage and wetland conservation,
legally described in Exhibit C, attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding an interest in said real
property have agreed to grant to the City drainage and utility easements legally described in
Exhibit D, attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding and interest in said real
property have agreed to grant to the City an ingress and egress easement legally described in
Exhibit E, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes that the two parcels described in Exhibit B share
a common driveway, which driveway shall be subject to the Declaration of Easement and
Restrictions, shown on Exhibit F, attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by the Applicant complies in all respects with
the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the real property legally described in Exhibit A be divided into two
parcels, legally described in Exhibit B.
2. That the City Clerk furnish the Applicant with a certified copy of this
resolution for recording purposes.
.
.
.
3. That the Applicant record this resolution, together with the drainage and
conservation easement legally described in Exhibit C, the drainage and utility easements,
legally described in Exhibits D and E, and the Declaration of Easement and Restrictions
shown on Exhibit F with the Hennepin County Recorder or Registrar of Titles within thirty
(30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
February 1994.
Ik/;r:ti 6tId#
Barbara J. Br Mayor
ATTEST:
C. Hurm, City Administrator/Clerk
- 2-
.
Existing Legal Description
That part of the Southeast 1/4 of the Southeast 1/4 of the southeast 1/4
of Section 25, Township 117, Range 23 described as beginning
at the Southeast corner thereof, thence North along the East
line 287.3 feet, thence West parallel with the North line a
distance of 334.7 feet, thence North parallel with the East line
thereof to a point 330 feet South of the North line thereof,
thence West parallel with the.NOrth line to the East line of
the West 325 feet thereof, thence South along said West line to
the South line thereof, thence East to point of beginning.
Subject to Vine Hill Road over the East 33.00 feet thereof.
Subject to easements of record.
.
.
Exhibit A
.
Proposed Legal Descriptions
Parcel A
The Ncrth 133.34 feet . of the East 183.00 feet of the
folloong described pr~ ly: That part of the SarttIeast 1/4 of the Sart:heast 1/4
of the SaJtheast 1/4 of Sectioo25, TCWlShip 117, Range 23 described as begiming
at the SaJtheast orner' tilem>f, tllence Ncrth a 1009 the East 1 ine 2137.3 feet, thence
West parallel with the tt>rth line a distance of 334.7 feet, tllence tb-ttI parallel with
the East line thermf 1D a point J:I) feet Sartt1 of the tb"th line the!'eOf, thence lest
parallel with tiE Na1:h 1 ine 1D the 'East 1 ine of the West 325 feet the! eof, thence
Sootl1 alOO9 said West line 1D the Sootl1line thereof, thence East 1D JX>int of bcgiming.
SlDj!ct tD Vine Hill Ibld. SLbj!ct 1D other easaJB1ts of reard, if any.
.
Parcel B
That part of the Southeast 1/4 of the Southeast 1/4 of the Sovtheast 1/4
of Section 25, Township 117, Range 23 described as beginning at the
Southeast corner thereof, thence North along the East line 287.3
feet, thence West parallel with the North line a distance of 334.7
feet, thence North parallel with the East line thereof to a point
330 feet South of the North line thereof, thence West parallel
with the NOrth line ~o the East line of the West 325 feet thereof,
thence South along said West line to the South line thereof, thence
East to point of beginning.
Except the North 133.34 feet of the East 183.00 feet thereof.
Sub;ect to Vine Hill Road over the East 33.00 feet thereof.
Subject to other easements of record, if any.
.
Exhibit B
.
.
.
Form No. 28-M
QUIT CLAIM DEED
No delinquent taxes
and transfer entered;
certificate of Real
Estate Value
( ) filed
( ) not required
certificate of Real
Estate Value No.
, 19_
county Auditor
by
Deputy
STATE DEED TAX DUE
HEREON: $
(reserved for recordinq data)
Dated:
, 1994
FOR VALUABLE CONSIDERATION, Peggy Herman, aka Palagia Herman,
Single, Warren E. McCurdy and Barbara L. McCurdy, husband and wife,
Grantor (s), hereby convey (s) and quitclaim (s) to The ci ty of
Shorewood, Grantee(s), a municipal corporation under the laws of
the State of Minnesota, real property in Hennepin County,
Minnesota, described as follows:
An easement for drainage and conservation purposes over, under
and across that part of the Southeast 1/4 of the Southeast 1/4
of the Southeast 1/4 of section 25, Township 117, Range 23
described as beginning at the Southeast corner thereof; thence
North along the East line 287.3 feet; thence West parallel
with the North line a distance of 334.7 feet; thence North
parallel with the East line thereof to a point 330 feet South
of the North line thereof; thence West parallel with the North
line to the East line of the West 325 feet thereof; thence
South along said West line to the South line thereof; thence
East to point of beginning. Lying South of the following
described line: Beginning at a point on the East line of the
- 1 -
Exhibit C
.
.
.
above described tract a distance of 110.00 feet, North along
said East line from the Southeast corner thereof; thence
Westerly parallel with the South line of the above described
tract 173.00 feet; thence Southwesterly to a point on the West
line of the above described tract distance 60.00 feet north
along said West line from the Southwest corner thereof and
there terminating, except the East 33.00 feet thereof.
together with all hereditaments and appurtenances belonging
thereto.
Peggy Herman
Warren E. McCurdy
Barbara L. McCurdy
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ____ day
of , 1994, by Peggy Herman, aka Palagia Herman,
single, and Warren E. McCurdy and Barbara L. Mccurdy, husband and
wife, Grantor(s).
Notary Public
This instrument was drafted by REED & POND, LTD., 5424 Shoreline
Blvd., P.O. Box 9, Mound MN 55364-0009.
Tax statement for the real property described in this instrument
should be sent to:
- 2 -
.
.
.
Form No. 28-M
QUIT CLAIM DEED
No delinquent taxes
and transfer entered;
certificate of Real
Estate Value
( ) filed
( ) not required
certificate of Real
Estate Value No.
, 19_
County Auditor
by
Deputy
STATE DEED TAX DUE
HEREON: $
(reserved for recording data)
Dated:
1994
FOR VALUABLE CONSIDERATION, Peggy Herman, aka palagia Herman,
Single, Warren E. McCurdy and Barbara L. Mccurdy, husband and wife,
Grantor(s), hereby convey(s) and quitclaim(s) to The city of
Shorewood, Grantee(s), a municipal corporation under the laws of
the State of Minnesota, real property in Hennepin County,
Minnesota, described as follows:
An easement for utility and drainage purposes over, under and
across the North 10.00 feet, the South 10.00 feet, the West
10.00 feet of the East 43.00 feet, the South 20.00 feet of the
North 143.34 feet of the West 160.00 feet of the East 193.00
feet and the West 20.00 feet of the East 193.00 feet of the
South 113.34 feet of the North 123.34 feet of that part of the
Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of
section 25, Township 117, Range 23 described as beginning at
the Southeast corner thereof; thence North along the East line
287.3 feet; thence West parallel with the North line a
distance of 334.7 feet; thence North parallel with the East
line thereof to a point 330 feet South of the North line
Exhibit D
.
.
.
,-
thereof; thence West parallel with the North line to the East
line of the West 325 feet thereof; thence South along said
West line to the South line thereof; thence East to point of
beginning.
together with all hereditaments and appurtenances belonging
thereto.
Peggy Herman
Warren E. McCurdy
Barbara L. McCurdy
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day
of , 1994, by Peggy Herman, aka Palagia Herman,
single, and Warren E. Mccurdy and Barbara L. Mccurdy, husband and
wife, Grantor(s).
Notary Public
This instrument was drafted by REED & POND, LTD., 5424 Shoreline
Blvd., P.O. Box 9, Mound MN 55364-0009.
Tax statement for the real property described in this instrument
should be sent to:
- 2 -
.
.
.
Form No. 28-M
QUIT CLAIM DEED
No delinquent taxes
and transfer entered;
certificate of Real
Estate Value
( ) filed
( ) not required
certificate of Real
Estate Value No.
, 19_
County Auditor
by
Deputy
STATE DEED TAX DUE
HEREON: $
(reserved for recordinq data)
Dated:
, 1994
FOR VALUABLE CONSIDERATION, Peggy Herman, aka Palagia Herman,
single, Warren E. McCurdy and Barbara L. McCurdy, husband and wife,
Grantor (s), hereby convey (s) and qui tclaim (s) to The ci ty of
Shorewood, Grantee(s), a municipal corporation under the laws of
the State of Minnesota, real property in Hennepin County,
Minnesota, described as follows:
An easement for ingress and egress for culvert maintenance
over, under and across a strip of land 15.00 feet wide and
7.50 feet on each side of and adj acent to the following
described centerline: Commencing at the Southeast corner of
that part of the Southeast Quarter of the Southeast Quarter of
the Southeast Quarter of section 25, Township 117, Range 23
described as beginning at the Southeast corner thereof; thence
North along the East line 287.3 feet; thence West parallel
with the North line a distance of 334.7 feet; thence North
parallel with the East line thereof to a point 330.0 feet
South of the North line thereof; thence West parallel with the
North line to the East line of the West 325.0 feet thereof;
Exhibit E
.
.
.
thence South along said West line to the South line thereof;
thence East to the point of beginning; thence North along the
East line thereof 136.28 feet to the point of beginning of the
centerline to be herein described; thence deflect to the left
99 degrees 00 minutes a distance of 129.84 feet; thence
deflect to the right 17 degrees 00 minutes to the East line of
the above described tract and there terminate. The sidelines
of said strip being lengthened or shortened to intersect the
West line of the above described tract.
together with all hereditaments and appurtenances belonging
thereto.
Peggy Herman
Warren E. McCurdy
Barbara L. McCurdy
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day
of , 1994, by Peggy Herman, aka Palagia Herman,
single, and Warren E. McCurdy and Barbara L. McCurdy, husband and
wife, Grantor(s).
Notary Public
This instrument was dr-afted by REED & POND, LTD., 5424 Shoreline
Blvd., P.O. Box 9, Mound MN 55364-0009.
Tax statement for the real property described in this instrument
should be sent to:
- 2 -
-:--- .
.
.
.
DECLARATION OF EASEMENT AND RESTRICTIONS
This Declaration made on the date hereof set forth by Warren E.
McCurdy and Barbara L. McCurdy, husband and wife, hereinafter
referred to as the "Developers",
Whereas, Developers are the equitable owners under a contract for
deed and Peggy Herman, also known as Palagia Herman, single, is the
fee owner and vendor under said contract for deed of property in
Hennepin County, Minnesota legally described as:
That part of the Southeast 1/4 of the Southeast 1/4 of the
Southeast 1/4 of section 25, Township 117, Range 23 described
as beginning at the Southeast corner thereof, thence North
along the East line 287.3 feet, thence West parallel with the
North line a distance of 334.7 feet, thence North parallel
with the East line thereof to a point 330 feet South of the
North line thereof, thence West parallel with the North line
to the East line of the West 325 feet thereof, thence South
along said West line to the South line thereof, thence East to
point of beginning.
And whereas with the approval of the City of Shorewood said
property is being divided into two parcels as follows:
- 1 -
Exhibit F
~
.
Parcel A:
The North 133.34 feet of the East
183.00 feet of the following described property:
.
That part of the Southeast 1/4 of the Southeast 1/4 of the
Southeast 1/4 of section 25, Township 117, Range 23 described
as beginning at the Southeast corner thereof, thence North
along the East line 287.3 feet, thence West parallel with the
North line a distance of 334.7 feet, thence North parallel
with the East line thereof to a point 330 feet South of the
North line thereof, thence West parallel with the North line
to the East line of the West 325 feet thereof, thence South
along said West line to the South line thereof, thence East to
point of beginning.
Parcel B:
That part of the Southeast 1/4 of the Southeast 1/4 of the
Southeast 1/4 of section 25, Township 117, Range 23 described
as beginning at the Southeast 90rner thereof, thence North
along the East line 287.3 feet, thence West parallel with the
North line a distance of 334.7 feet, thence North parallel
with the East line thereof to a point 330 feet South of the
North line thereof, thence West parallel with the North line
to the East line of the West 325 feet thereof, thence South
along said West line to the South line th~reof, thence East to
point of beginning, except the North 133.34 feet of the East
. 183.00 feet thereof.
- 2 -
.
.
.
Now therefore, Developers and said fee owner, hereby declare that
said real property shall be held, sold and conveyed, subject to the
following easement, restrictions, covenants and conditions which
are for the purpose of protecting the value and desirability of and
which shall run with the real property and be binding on all of the
parties having any right, title or interest in the described
property or any part thereof, their heirs, successors and assigns
in which shall enure to the benefit of each owner thereof. This
Declaration may not be amended without having first obtained the
approval of the city council of Shorewood.
There is hereby created an easement for driveway purposes over and
across a South 20 feet of said Parcel A for the benefit of both
Parcels A and B.
The responsibility and cost for the care and maintenance of the
driveway shall be shared equally by the owners of said Parcels A
and B. To the extent that either owner shall pay more than that
owner's 1/2 share of the cost and maintenance of the driveway, then
that owner shall have the right to a claim of indemnification
and/or contribution from the other owner for the amount in excess
of 1/2. Care and maintenance of the driveway shall include but not
be limited to blacktopping or sealcoating, repairing of potholes or
other damage, removal of debris or other obs~ructions, and removal
of snow.
- 3 -
.
.
.
.
Neither party shall allow parking upon said easement in a manner
which shall obstruct any portion of said easement being used by the
other party.
Ei ther party may order snowplowing of the easement area but no
other expense shall be incurred unless both parties agree in
writing as to the costs thereof.
In witness whereof we have hereunto subscribed our names this
day of , 1994.
Warren E. Mccurdy
Barbara L. McCurdy
Peggy Herman, aka Palagia Herman
STATE OF MINNESOTA
)
) SSe
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ____ day
of , 1994 by Warren E. McCurdy and Barbara L.
Mccurdy, husband and wife, and Peggy Herman, also known as palagia
Herman, single.
Notary Public
This instrument was drafted by REED & POND, LTD., 5424 Shoreline
Drive, P.O. Box 9, Mound, MN 55364-0009, (612) 472-2222.
- 4 -