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93-066 . . . . RESOLUTION NO. ~ A RESOLUTION APPROVING THE FINAL PLAT OF CHRISTMAS LAKE RIDGE WHEREAS, the final plat of Christmas Lake Ridge has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Christmas Lake Ridge is hereby approved. 2. That the approval is specifically conditioned upon the applicant recording the Declaration of Driveway Easement attached hereto as Exhibit A and made a part hereof. 3. That the approval is specifically conditioned upon the applicant recording the Grant of Roadway Easement attached hereto as Exhibit B and made a part hereof. 4. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 5. That this final plat, the Declaration of Driveway Easement and the Grant of Roadway Easement shall be recorded within 30 days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of August, 1993. R~~~' Acting Mayor C.HURM Administrator/ Clerk . . . DECLARATION OF DRIVEWAY EASEMENT This Declaration is made this 1993, by Allen K. Larson and Carol D. (hereinafter "Larsons"). day of , Larson, husband and wife WHEREAS, Larsons are the fee owners of that certain property situated in the County of Hennepin, State of Minnesota and legally described as follows: Lot 2, Block 1, Christmas Lake Ridge (hereinafter "Parcel A"), and WHEREAS, Larsons are also the fee owners of that certain property situated in the County of Hennepin, State of Minnesota and legally described as follows: Lot 3, Block 1, Christmas Lake Ridge (hereinafter "Parcel B"), and WHEREAS, it is the desire and intention of Larsons to create a perpetual easement for driveway purposes over and across Parcel A for the benefit of Parcel B. NOW THEREFORE, Larsons, as the fee owners of Parcel A and Parcel B, hereby declare and create a perpetual easement for driveway purposes over the following described portion of Parcel ~ for the benefit of Parcel B: A 20.00 foot easement for driveway purposes over, under and across that part of Lot 2, Block 1, Christmas Lake Ridge, which lies within 10.00 feet on each side of the following described centerline and its extensions: Commencing at the most northerly corner of said Lot 2; thence on an assumed bearing of South 20 degrees West along the northwesterly line of said Lot 2 a distance of 33.00 feet to the point of beginning of the easement being described; thence South 10 degrees East a distance of 134.00 feet; thence South 14 degrees West to the southwesterly line of said Lot 2, and said centerline there ending. (hereinafter the "Driveway Easement"). Said parcels to be held, transferred, sold, conveyed and occupied subject to the following covenants: 1. Grantor reserves the right to use the Driveway Easement in common with Grantee. 2 . No party may unreasonably increase the burden of the Driveway Easement. Exhibit A . . . 3. The owners of Parcels A and B shall cooperate with the maintenance and repair of the Driveway Easement. The cost of the maintenance and repair of the Driveway Easement shall be shared equally between the fee owners of Parcels A and B. 4. No vehicles shall be parked upon the Driveway Easement. 5. No structure, planting or other material shall be placed or permitted to remain within the Driveway Easement which may damage or interfere with use of the Driveway Easement for the purposes created. 6. Parcel A and Parcel B shall be held, transferred, sold, conveyed, used and occupied subject to the Driveway Easement and the Driveway Easement shall be binding upon all persons or entities having or acquiring any interest in Parcel A and Parcel B, and their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed as of the ____ day of 1993. Allen K. Larson Carol D. Larson Drafted by: John K. Bouquet (Imp) Thomsen & Nybeck, P.A. 3300 Edinborough Way, suite 600 Edina, MN 55435 STATE OF MINNESOTA) ) SSe COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by Allen K. Larson and Carol D. Larson, husband and wife. Notary Public . . . COFFIN & GRONBERG, INC. SURVEYING. I!NQIN~NQ ANO lAND PUNNING 482..... TAMARACK ;\V5HUE I,.ONC LAKe. MINN. !5!53M 47'3"'141 August 23, 1993 Propos~d Driveway Easement Description for Allen & Carol Larson in Lot 2, Block 1, CHRISTMAS LAKE RIDGE* Hennepin County, Minnesota A 20.00 foot easement for driveway purposes over, under. and across that part of Lot 2. Block 1, CHRISTMAS LAKE RIDGE*~ which lies within 10.00'feet on each side of the following described centetline:and its extensions: Commencing at the most northerly corner of said Lot 2; , thence on an assumed bearing of South 20 degrees West along the northwesterly line of said Lot 2 a distance ~ of 33.GO feet to the' point of beginning of the easement being described; thence South 10 degrees East a dist- anCfr of 134.00 feet; thence South 14 degrees West to .:~ the southwesterly line of said Lot 2, and said center- . line there ending. *Thls description 'IS to be used after the plat of . CHRISTMAS LAKE RIDGE nas been filed and is of record. '. . . . GRANT OF ROADWAY EASEMENT This Grant of Easement is made this day of , 1993, by Allen K. Larson and Carol D. Larson, husband and wife (hereinafter "Grantors") for the benefit of the City of Shorewood (hereinafter "Shorewood"). WHEREAS, Grantors are the fee owners of that certain property situated in the County of Hennepin, State of Minnesota and legally described as follows: Lots 1-4, Block 1, Christmas Lake Ridge (hereinafter collectively referred to as the "Larson Property"), and WHEREAS, Shorewood has requested and Grantors are willing to grant a perpetual roadway easement over and across a portion of the Larson Property to Shorewood in order to expand the roadway easement for Ridge Road described in Agreement dated December 11, 1924, recorded December 24, 1924 as Document No. 1254466, and amended by Agreement dated November 15, 1931, recorded December 1, 1932 as Document No. 1706129 and amended by Agreement dated August 28, 1933, recorded December 30, 1940 as Document No. 2069655 in the office of the County Recorder, Hennepin County, Minnesota (hereinafter the "Easement"); NOW THEREFORE, Grantors, in consideration of the foregoing recitals, hereby create and grant a perpetual non-exclusive easement for roadway purposes over the following described portion of the Larson Property for the benefit of Shorewood: An easement for roadway purposes over, under, and across the northwesterly 10 feet of Lots 2 and 3, and over, under, and across the southeasterly 10 feet of Lots 1 and 4, all in Block 1 Christmas Lake Ridge. (hereinafter the "Expanded Easement") . The Larson Property shall be held, transferred, sold, conveyed and occupied subject to the following covenants: 1. The Expanded Easement shall be subject to the Easement and all rights of the parties to the Easement. 2. No party may unreasonably increase the burden of the Expanded Easement. 3. The owners of the parcels abutting the Expanded Easement shall be responsible for the maintenance and repair, and all costs thereof, of that portion of the Expanded Easement directly abutting their respective properties. Exhibit B " . . . 4. The Expanded Easement shall be non-exclusive and for the use and benefit of each party now or hereafter holding an ownership interest in the Larson Property and all parties with rights under the Easement. 5. No vehicles shall be parked upon the Expanded Easement. 6. No structure, planting or other material shall be placed or permitted to remain wi thin the Expanded Easement which may damage or interfere with use of the Expanded Easement for the purposes created. 7. All parcels within the Larson Property shall be held, transferred, sold, conveyed, used and occupied subject to the Expanded Easement and the Expanded Easement shall be binding upon all persons or entities having or acquiring any interest in any parcel wi thin the Larson Property, and their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantors have executed this Grant of Easement as of the ____ day of August, 1993. Allen K. Larson Carol D. Larson Drafted by: John K. Bouquet (lmp) Thomsen & Nybeck, P.A. 3300 Edinborough Way, suite 600 Edina, MN 55435 STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by Allen K. Larson and Carol D. Larson, husband and wife. Notary Public . . . CONSENT The undersigned Mortgagee J Olns in the execution of this Declaration of Easement for the purpose of evidencing its consent thereto and recognizing that its interest in the Subject Property is subject to the Driveway Easement, therein contained. STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing day of , the NORWEST MORTGAGE, A CORPORATION By: Its: instrument was acknowledged before me this , 1993, by , of Norwest Mortgage, a ____ corporation, on behalf of the corporation. Notary Public ~\.I\.J_ .. COFFlN & GRONBERG. INC. . SURV~NQ, ENGlNEa'llNG AND LAND PUNNINQ 48Z-A TAMAJ'UI.CK AVENUE LONG LAKE, MINN. llIe3:iliJ 4'13-4141 August 23, 1993 Proposed Ridge Road Easement Description for Allen & Caro 1 Larson to the City of Shorewood in Lots 1-4, Block 1, CHRISTMAS LAKE RID6E* Hennepin County, Minnesota An.ease-ment for roadway purposes over, under, and across the northwesterly 10 feet Df Lot~ 2 and 3, and b~er, unden and across.the southeasterly 10 feet of Lots 1 and 4~ all in Block 1. CHRISTMAS LAKE RIDGE . *This.description is to be used after the plat of CHRISTMAS LAKE RIDGE has been filed and is of record. . .. . . . ;. Dated: October 12, 1993 CERTIFICATION STATE OF MINNESOTA ) )ss ) COUNTY OF HENNEPIN I, Theresa L. Naab, duly appointed Deputy Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 9th day of August, 1993. ~j// . . .... ./U[~ Theresa L. N aab, Deputy Clerk ,