92-104
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RESOLUTION NO. 104-92
A RESOLUTION APPROVING A SUBDIVISION OF A TWO-FAMILY DWELLING
AND UNIT LOT AREA VARIANCE TO JOE O'CONNOR
WHEREAS, Joe O'Connor (Applicant) has an interest in certain real property in the
City of Shorewood, County of Hennepin, State of Minnesota, 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-1 and B-2, attached hereto and made
a part hereof; and
WHEREAS, one of the unit lots does not comply with the minimum area requirement
for the zoning district in which it is located and the applicant has requested a variance; and
WHEREAS, the Applicant has prepared a "Driveway and Well Easement and
Maintenance Agreement and Party Wall Agreement" attached as Exhibit C, which is to be
recorded herewith and become a restriction on the above-described properties; and
WHEREAS, the Applicant and all other parties holding an interest in the said real
property have agreed to grant to the City certain 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 an interest in said real
property have agreed to grant to the City of Shorewood a wetland conservation easement as
described in Exhibit E, 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 contains approximately 49,464 square feet of area, exclusive
of designated wetland area.
2. That the location of the existing two-family dwelling was dictated by the
severe topography of the lot.
3. That the variance will not increase the density or alter the character of the
neighborhood in which the property is located.
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CONCLUSION
1. That the real property legally described above be divided into two parcels,
legally described in Exhibits B-1 and B-2.
2. That based upon the foregoing, the City Council hereby grants a lot area
variance of 5928 square feet for Parcel A.
3. That the City Clerk furnish the Applicant with a certified copy of this
resolution for recording purposes.
4. That the Applicant record this resolution, together with the drainage and utility
easements legally described in Exhibit D, and the wetland conservation easement shown on
Exhibit E, 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 26th day of
October, 1992.
€tlx~ t;?~~i
arbara J. B eel, Mayor
ATTEST:
s C. Hurm, City Administrator/Clerk
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Dated:
October 26, 1992
CERTIFICATION
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
I, James C. Hurm, duly appointed City Administrator/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 26th day of
October ,1992.
Ja s C. Hurm
ci Administrator/Clerk
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'LE(j.4~ESCRIPTION OF ENTIRE PARCEL:
'<~. "~:"_:-~'i'".i> ..,: .
''r,1:i~t.'part "of 'Lot 44 , "Auditor's Subdivision Number One Hundred
F9z::tY ,'One" (141) , Hennepin County, Minnesota described as
".follows: ' 'Commencing at the Southwest corner of said Lot 44;
'X1;.4e~e North 89 degrees 56 minutes 14, seconds East, assumed
;'2DticiriDg, ,along the Southerly line of said Lot 44 a distance of
','(,34",l,.1?,,';feet;, .thenceNortheasterly, continuing along said
:,~:SautherlY~'line, a 'distance of 104 ~ 91 feet along a curve not
:~>,'ta.rigentlal with the last described line, said curve is concave
"tq,theSoutheast and has a radius of 673.00 feet, a central
"a1191e'of 8 degrees 55 minutes 54 seconds and the chord of said
',CUrVe}Jears North 66 degrees 54 minutes 29 seconds East, to the
'.''inter$ection with the Easterly line of said Lot 44; said
Jritersectionis the point of beginning of the land to be
,'descri,bed; thence North 69 degrees 46 minutes 01 seconds West
to the 'intersection with the Westerly line of said Lot 44 a
distance of 449.25 feet; thsnce Northeasterly, along said
'westerly line, a distance of 104.88 feet along a curve not
t.ci,ngent.ialwith the last described line, said curve is concave
tq,theSoutheast and has a radius of 235.0~ feet, a central
ang1e.o{25 degrees 33 minutes 55 seconds and the chord of said
"cUrve'1:,earsNorth 37 degrees 34 minutes 14 seconds East; thence
,N()rth.50 degrees 21 minutes 12 seconds East, continuing along
',','sald','J.f~terly line, tangent to the last described curve a
'. 'd.tst.anceof 151.50 feet; thence Northeasterly, continuing along
's~idWes.terly line, a distance of 274.27 feet along a
'tangent-ial curve concave to the Southeast having a radius of
'643 ":11 feet, a central angle of 24 degrees 24 minutes 43
seCOnds to the intersection with the East line of said Lot 44;
thence 'South 00 degrees 00 minutes 55 seconds West, along said
'East'Tine, a distance of 459.91 feet to the point of beginning.
Exhibit A
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LEGAL DESCRIPTION OF PARCEL A:
That part of Lot 44, "Auditor's Subdivision Number One
Hundred Forty One" (141), Hennepin County, Minnesota
described as follows: commencing at the Southwest corner of
said Lot 44; thence North 89 degrees 56 minutes 14 seconds
East, assumed bearing, along the Southerly line of said Lot
44 a distance of 347.17 feet: thence Northeasterly,
continuing along said Southerly line, a distance of 104.91
feet along a curve not tangential with the last described
line, said curve is concave to the Southeast and has a
radius of 673. ,00 feet, a central angle of 8 degrees 55
minutes 54 seconds and the'chord'~f said curve bears North
66 degrees 54 minutes 29 seconds East, to the intersection
with the Easterly line of said Lot 44; thence North 00
degrees 00 minutes 55 seconds East along said Easterly line
a distance of 25.35 feet to the point of beginning of the
parcel to be described: thence North 69 degrees 46 minutes
01 seconds West a distance of 284.16 feet: thence North 44
degrees 08 minutes 32 seconds West a distance of 146.34 feet
to the Westerly line of said Lot 44: thence along said
Westerly line on a curve not tangential with the last
described line, said curve is concave to the Southeast and
has a radius of 235.0"6 teet, a central angle of 3 degrees 23
minutes 07 seconds and the chordo! sald . curve bears North
48 degrees 39 minutes 39 seconds East for an.arc distance of
13.89 feet: ttience North'50 degrees 21.minutes 12 seconds
East and tangent to the last curve a distance of 151.50
feet; thence continuing along said Westerly line along a
tangential curve to the right having a radius of 643.71 feet
and a central angle of 24 degrees 24 minutes 43 seconds for
an arc distance of 274.27 feet to the East line of said Lot
44: thence South 00 degrees 00 minutes 55 seconds West along
said East line a distance of 434.56 feet to the point of
beginning.
Exhibit B-1
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.<.,L~~~ D~CRIPTION O?P ARCEL B:
>Thatpart . of Lot 44 , "Auditor's Subdivision Number One
Hundred.. Forty One" (141), Hennepin County, Minnesota
described 'as follows: commencing at the Southwest corner of
sa.id. Lot 44: thence North 89 degrees 56 minutes 14 seconds
. jast.,,. assU1Iled bearing, along the Southerly line of said Lot
44. . 'a distance of 347.17 feet"; thence Northeasterly,
continuing alonq said Southerly line, a distance of 104.91
.fee.t'along a curve not, tanqentialwi th the last described
.line, said' curve .is concave to the Southeast and has a
.x-at$ius' 'of ,673. 00 teet, a central angle of 8 degrees 55
'ininutes 54" second. and the chord of said curve bears North
6'6 'degrees 54 'minutes 29 seconds East , to the intersection
with the Easterly line of said Lot 44 and the point of
~illnlnq,of'theparcel.to be described; thence North 00
Cleqx;'ees.O.6 .minute$ 55. seconds East along said Easterly line
i. dJstanceof 25.35' feet: thence North 69 degrees 46 minutes
.OLsecondsWest a distance of 284.16 feet: thence North 44
deqrees 08 minutes 32 seconds West a distance of 146.34 feet
,to the Westerly line of said Lot 44; thence along a curve
nott.anqential with the last described line, said curve is
concave to the Southeas~ and has a radius of 235.06 feet, a
ceni:ralang1e.. of 22 degrees 10 minutes 48 seco,nds and the
,chQr~r;of .said curve be~rs SoUth 35 degrees 52 minutes 41
S4lCoridS:,west for an arc distance of 91.00 feet to a line
yJlichJ:'e~t:sNorth 69 degrees ,46 minutes 01 seconds West from
tll.southeast corner 'of said Lot 44: thence South 69 degrees
,:46i1inutes01 seconds Ea,st a distance of 449.25 feet to the
pai~t pfbeginning.
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Exhibit B-2
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DRIVEWAY AND WELL EASEMENT AND MAINTENANCE AGREEMENT
AND
PARTY WALL AGREEMENT
THIS DRIVEWAY AND WELL EASEMENT AND MAINTENANCE AGREEMENT AND
PARTY WALL AGREEMENT is entered into this ~!!i day of September,
1992, by and between John E. Pastuck, single, hereinafter referred
to a "First Party", and Joseph L. O'Connor and Laurie Anne
O' Connor, husband and wife, hereinafter referred to as "Second
Party".
RECITALS
First Party is the owner of certain real estate located at
20345 Excelsior Boulevard, in the city of Shorewood, County of
Hennepin, State of Minnesota, legally described as follows:
That part of Lot 44, "Auditor's Subdivision Number One
Hundred Forty One" (141), Hennepin County, Minnesota
described as follows: Commencing at the Southwest corner
of said Lot 44,; thence North 89 degrees 56 minutes 14
seconds East, assumed bearing, along the Southerly line
of said Lot 44 a distance of 347.17 feet; thence
Northeasterly, continuing along said Southerly line, a
distance of 104.91 feet along a curve not tangential with
the last described line, said curve is concave to the
Southeast and has a radius of 673.00 feet, a central
angle of 8 degrees 55 minutes 54 seconds and the chord
of said curve bears North 66 degrees 54 minutes 29
seconds East, to the intersection with the Easterly line
of said Lot 44; thence North 00 degrees 00 minutes 55
seconds East along said Easterly line a distance of 25.35
feet to the point of beginning of the parcel to be
described; thence North 69 degrees 46 minutes 01 seconds
West a distance of 284.16 feet; thence North 44 degrees
08 minutes 32 seconds West a distance of 146.34 feet to
the Westerly line of said Lot 44; thence along said
Westerly line on a curve not tangential with the last
described line, said curve is concave to the Southeast
and has a radius of 235.06 feet, a central angle of 3
degrees 23 minutes 07 seconds and the chord of said curve
bears North 48 degrees 39 minutes 39 seconds East for an
arc distance of 13.89 feet; thence North 50 degrees 21
minutes 12 seconds East and tangent to the last curve a
distance of 151. 50 feet; thence continuing along said
Westerly line along a tangential curve to the right
having a radius of 643.71 feet and a central angle of 24
degrees 24 minutes 43 seconds for an arc distance of
274.27 feet to the East line of said Lot 44; thence South
00 degrees 00 minutes 55 seconds West along said East
line a distance of 434.56 feet to the point of beginning;
Exhibit C
and
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Second Party is the owner of certain real estate located at
20347 Excelsior Boulevard, in the city of Shorewood, County of
Hennepin, State of Minnesota, legally described as follows:
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That part of Lot 44, "Auditor's Subdivision Number One
Hundred Forty One" (141), Hennepin County, Minnesota
described as follows: commencing at the southwest corner
of said Lot 44; thence North 89 degrees 56 minutes 14
seconds East, assumed bearing, along the Southerly line
of said Lot 44 a distance of 347.17 feet; thence
Northeasterly continuing along said southerly line, a
distance of 104.91 feet along a curve not tangential with
the last described line, said curve is concave to the
Southeast and has a radius of 673.00 feet, a central
angle of 8 degrees 55 minutes 54 seconds and the chord
of said curve bears North 66 degrees 54 minutes 29
seconds East, to the intersection with the Easterly line
of said Lot 44 and the point of beginning of the parcel
to be described; thence North 00 degrees 00 minutes 55
seconds East along said Easterly line a distance of 25.35
feet; thence North 69 degrees 46 minutes 01 seconds West
a distance of 284.16 feet; thence North 44 degrees 08
minutes 32 seconds West a distance of 146.34 feet to the
Westerly line of said Lot 44; thence along a curve not
tangential with the last described line, said curve is
concave to the Southeast and has a radius of 235.06 feet,
a central angle of 22 degrees 10 minutes 48 seconds and
the chord of said curve bears South 35 degrees 52 minutes
41 seconds West for an arc distance of 91.00 feet to a
line which bears North 69 degrees 46 minutes 01 seconds
West from the southeast corner of said Lot 44; thence
South 69 degrees 46 minutes 01 seconds East a distance
of 449.25 feet to the point of beginning,
which adjoins the property of First Party on the Southwest; and
There exists on or about the property line of said two properties
a certain wall which forms a structural element which is common to
the two buildings owned by First Party and Second Party located on
their respective properties; and
There exists on the property of First Party a driveway and a well
which are used in common by the occupants of the two buildings
located on the parties' respective properties; and
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It is the desire of First Party and Second Party to enter into a
written agreement to create an easement for the perpetual use of
the driveway and the well, as well as agreements for maintenance
of the same, maintenance of the party wall which forms the common
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structural element to the two buildings and to establish other
agreements respecting the two properties.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties hereto do agree for
themselves, their respective heirs, administrators , representatives
and assigns as follows:
1.
That First Party grants to Second Party a perpetual
easement for driveway ingress and egress purposes over,
under and across the following described property:
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That part of Lot 44, "Auditor's Subdivision
Number One Hundred Forty One" (141), Hennepin
County, Minnesota described as follows:
Commencing at the Southwest corner of said Lot
44; thence North 89 degrees 56 minutes 14
seconds East, assumed bearing, along the
Southerly line of said Lot 44 a distance of
347.17 feet; thence Northeasterly, continuing
along said Southerly line, a distance of 104.91
feet along a curve not tangential with the last
described line, said curve is concave to the
Southeast and has a radius of 673.00 feet, a
central angle of 8 degrees 55 minutes 54
seconds and the chord of said curve bears North
66 degrees 54 minutes 29 seconds East, to the
intersection with the Easterly line of said
Lot 44; thence North 00 degrees 00 minutes 55
seconds East along said Easterly line a
distance of 25.35 feet; thence North 69 degrees
46 minutes 01 seconds West a distance of 284.16
feet; thence North 44 degrees 08 minutes 32
seconds West a distance of 146.34 feet to the
Westerly line of said Lot 44 and the point of
beginning of the easement to be described;
thence along said Westerly line on a curve not
tangential with the last described line, said
curve is concave to the Southeast and has a
radius of 235.06 feet; a central angle of 3
degrees 23 minutes 07 seconds and the chord of
said curve bears North 48 degrees 39 minutes
39 seconds East for an arc distance of 13.89
feet; thence North 50 degrees 21 minutes 12
seconds East and tangent to the last curve a
distance of 151.50 feet; thence South 39
degrees 38 minutes 48 seconds East a distance
of 35.00 feet; thence South 50 degrees 21
minutes 12 seconds West to an intersection with
a line which bears South 44 degrees 08 minutes
32 seconds East from the point of beginning;
thence North 44 degrees 08 minutes 32 seconds
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West to the point of beginning,
as appurtenant to the property owned by Second Party.
It is the intention of this Agreement that the portion
of the driveway easement area actually used for driveway
purposes be limited to that area shown on the survey of
the property, a copy of which is attached hereto and
incorporated herein by reference, designated as "Exist.
Bit. Drive", which, on the date hereof, constitutes the
actual bituminous driveway serving the two properties.
The driveway may be relocated within the easement area
if it becomes necessary.
2.
First Party hereby grants to Second Party a perpetual
easement to use the well located on the property of First
Party as appurtenant to the property owned by Second
Party, together with the right to use any replacement
wells which may hereafter be located on the property of
First Party.
3.
That each party grants to the other as appurtenant to
their respective properties a perpetual easement to use
the aforementioned wall as a "party wall".
4.
These three grants of easement shall constitute easements
running with the land, but shall not be construed as a
conveyance by either party of their respective rights in
the fee of the land upon which the driveway, well or
party wall exists.
5.
Neither party shall alter or change the driveway, well
or party wall in any manner, interior decoration of the
party wall excepted, and said driveway, well and party
wall shall always remain in the same location as
presently existing, unless the parties otherwise agree
in writing, or it becomes necessary to move them.
Neither party shall do anything to obstruct the others
use of the driveway, or well.
6.
Either party shall have the right to break through the
party wall for the purpose of repairing or restoring
sewerage, water, utilities or for any other legitimate
repair purpose, subject to the obligation to restore said
wall to its previous structural condition at their own
expense and subject to the obligation to pay the
adjoining owner for any damages negligently caused
thereby.
7.
If it shall become necessary to repair or rebuild the
driveway, well or party wall, or any portions thereof,
the cost of such repairing or rebuilding shall be at the
expense of both parties in equal shares.
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8.
Notwi thstanding the foregoing, any maintenance or repairs
which is made necessary because of the negligent conduct
of one of the parties, or their personal or business
invitees, shall be repaired free of any expense to the
non-negligent party.
9. Maintenance of the driveway shall include ordinary and
normal maintenance of a bituminous driveway, including
plowing, seal coating, asphal t patching and asphalt
replacement as may be necessary to maintain a high
quality driveway.
Well maintenance shall consist of all ordinary and
necessary costs of repair and replacement of the well so
as to maintain a first quality, water-well system to
provide adequate quality water and adequate pressure for
the two large single-family homes serviced by it.
It is not presently anticipated that there will be a
requirement to do any ordinary maintenance of the party
wall, and such maintenance shall only be necessitated in
the event of a casualty.
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10. In the event that the party wall is totally or partly
destroyed by fire or other cause, either of the parties
shall have the right to reconstruct the wall at their own
expense if they intend to continue the use of the party
wall, or at the expense of both parties in the event both
parties intend to continue the use of the party wall.
In the event of reconstruction of the party wall, the
proceeds of any insurance received by either party for
the destruction of the wall shall be applied toward the
cost of reconstruction.
11. The roof of both dwellings shall be covered with
identical shingles and the exterior of both dwellings
shall be decorated with a uniform color and material
which shall be agreed upon by both of the dwelling
owners. The time for performing exterior maintenance and
decoration shall be mutually agreed upon, provided
however that this Agreement contemplates good, regular
maintenance so as to maintain first quality residential
properties.
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12. Any dispute arising under this Agreement shall be settled
in arbitration under the rules of the American
Arbitration Association. Judgment upon the arbitrator's
award may be entered at any court having jurisdiction
thereof. Each arbitration proceeding shall be held in
Hennepin County, Minnesota. Such award may provide for
reasonable attorney's fees and expenses to the prevailing
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party. The costs of arbitration shall be shared equally,
unless the arbitrator rules otherwise.
13. If any portion of the respective dwellings shall
hereafter encroach upon the property of the other because
of settling, or shifting or for any other cause,
including unintentional encroachment during original
construction, or during repair or replacement of the
structure, there shall be deemed to be an easement in
favor of the owner of the encroaching dwelling to the
extent of such encroachment so long as the same shall
exist.
14. Each owner of the respective properties agrees to
indemnify and hold harmless the owner of the adjoining
property for any mechanic's liens arising for work done
or material supplied to make repairs or replacements to
his or her separate property, provided, however, that it
is the intention of this Agreement that a needed repair
to the driveway, or the well or the party wall shall
subject both properties to a claim to a mechanic's lien.
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15. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this Agreement shall be of no
force and effect, excepting a subsequent modification in
writing, signed by the party to be charged.
16. Invalidation of any of these provisions by judgment or
court order shall in no way affect any of the other
provisions, which shall remain in full force and effect
in perpetuity.
IN WITNESS WHEREOF, the parties have executed this Driveway
And Well Easement And Maintenance Agreement And Party Wall
Agreement the day and year first above written.
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SECOND PARTY
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(. ...(1..1(..\)/", e}'.. (< . ./V.......,_,.-..
Jos ph L. 0' onnor
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STATE OF MINNESOTA)
) SSe
COUNTY OF HENNEPIN)
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The foregoing instrument was acknowledged before me this
day of September, 1992, by John E. Pastuck, single.
V~4, ~ a_~.f! f-~)
Notary pubiClj r
r....... ....................-...........~ ..,..,...--.
· ~~i MARY H. DURFEE !
~ w!III! NOTARY PUBLIC-MINNESOTA "
! ~ HENNEPIN COUNTY
; My Comm. F.xp Aug. 10.1.
................ --.. ~....-.-.._..... ....-....,.,1
STATE OF MINNESOTA)
) SSe
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ~~/J
day of September, 1992, by Joseph L. 0' Connor and Laurie Anne
O'Connor, husband and wife.
r..-........-..-.---..-..-.
! 8 NOT':W JtJ1u:rA11
, _ HENNEPIN COUNTY
I My Comm. F.xp Aug. 10. 1.
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THIS INSTRUMENT WAS DRAFTED BY:
James D. MacKinnon
730 East Lake Street
Wayzata, Minnesota 55391
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CONSENT OF MORTGAGEE
The undersigned, mortgagee of the property identified on the attached Flowaae and
. 0
Conservation Easement, hereby consents to that certain easement described' therein.
The foregoing instrument was acknowedged before me this 23rd
day of December , 1992, by Linda L. Hunstad
the Asst. Vice President of GMAC Mortgage Cornori'ltlon of Towrl
a n T OWrl r.Ofrnrrlt i nn , on behalf of the Coroorat ion
STATE OF IOWA )
)
COUNTY OF BLACK HAWK )
r~':~r:"J~--. Llitl.1 '~:--"~~":~ ~--.....~
!: .'..j W. l^'" ,. ....i...,.C"!,
L .~i~~, ~ I ~
~ I~;..",'" ; 1
.........._~......._.. M1......_...."....".,;
GMAC MORTGAGE CORPORATION OF IOWA
By:
Vice President
tJ/_~,~u ,,;I~~
Notary Public
Vivian F. Johnson
My Commission expires: 2/19/95
.' ~
EXHIBIT 'A'
.
LEGAL DESCRIPTION
.
That part of Lot 44, "Auditor's Subdivision Number One
Hundred Forty One" (141), Hennepin County, Minnesota,
described as follows: Commencing at the Southwest corner
of said Lot 44; thence North 89 degrees 56 minutes 14
seconds East, assumed bearing, along the Southerly line
of said Lot 44 a distance of 347.17 feet; thence
Northeasterly, continuing along said Southerly line, a
distance of 104.91 feet along a curve not tangential with
the last described line, said curve is concave to the
Southeast and has a radius of 673.00 feet, a central
angle of 8 degrees 55 minutes 54 seconds and the chord
of said curve bears North 66 degrees 54 minutes 29
seconds East, to the intersection with the Easterly line
of said Lot 44; said intersection is the point of
beginning of the land to be described; thence North 69
degrees 46 minutes 01 seconds West to the intersection
with the westerly line of said Lot 44 a distance of
449.25 feet; thence northeasterly along said Westerly
line a distance of 104.88 feet along a curve not
tangential with the last described line, said ,curve is
concave to the Southeast and has a radius of 235.06 feet,
a central angle of 25 degrees 33 minutes 55 seconds and
the chord of said curve bears North 37 degrees 34 minutes
14 seconds East; thence North 50 degrees 21 minutes 12
seconds East, continuing along said westerly line,
tangent to the last curve a distance of 151. 50 feet;
thence continuing along said Westerly line along a
tangential curve to the right having a radius of 643.71
feet and a central angle of 24 degrees 24 minutes 43
seconds for an arc distance of 274.27 feet to the East
line of said Lot 44; thence South 00 degrees 00 minutes
55 seconds West along said East line a distance of 459.91
feet to the point of beginning.
.
.'
.
.
.
FLOWAGE AND CONSERVATION EASEMENT
THIS FLOWAGE AND CONSERVATION EASEMENT is granted this
day of , 1992, by John E. Pastuck, single, and
Joseph L. O'Connor and Laurie Anne O'Connor, husband and wife, and
their heirs, representatives, successors and assigns (hereinafter
collectively referred to as "Grantors") to The City of Shorewood,
a municipal corporation under the laws of the state of Minnesota
and its successors and assigns (hereinafter referred to as
"Grantee") .
WITNESSETH, Grantors, for and in consideration of the sum of
One Dollar and other good and valuable consideration, hereby
covenant, grant, gift, quit claim and convey to Grantee the right
to restrict and the right to limit and preclude the use,
improvement and development, under the conditions and the covenants
herein contained, that part of the following described property
located in the County of Hennepin and the state of Minnesota:
That part of Lot 44, "Auditor's Subdivision Number One
Hundred Forty One II ( 141), Hennepin County, Minnesota,
described as follows: Commencing at the Southwest corner
of said Lot 44; thence North 89 degrees 56 minutes 14
seconds East, assumed bearing, along the Southerly line
of said Lot 44 a distance of 347.17 feet; thence
Northeasterly, continuing along said Southerly line, a
distance of 104.91 feet along a curve not tangential with
the last described line, said curve is concave to the
Southeast and has a radius of 673.00 feet, a central
angle of 8 degrees 55 minutes 54 seconds and the chord
of said curve bears North 66 degrees 54 minutes 29
seconds East, to the intersection with the Easterly line
of said Lot 44; said intersection is the point of
beginning of the land to be described; thence North 69
degrees 46 minutes 01 seconds West to the intersection
with the Westerly line of said Lot 44 a distance of
449.25 feet; thence northeasterly along said Westerly
line a distance of 104.88 feet along a curve not
tangential with the last described line, said curve is
concave to the Southeast and has a radius of 235.06 feet,
a central angle of 25 degrees 33 minutes 55 seconds and
the chord of said curve bears North 37 degrees 34 minutes
14 seconds East; thence North 50 degrees 21 minutes 12
seconds East, continuing along said westerly line,
tangent to the last curve a distance of 151.50 feet;
thence continuing along said Westerly line along a
tangential curve to the right having a radius of 643.71
feet and a central angle of 24 degrees 24 minutes 43
seconds for an arc distance of 274.27 feet to the East
line of said Lot 44; thence South 00 degrees 00 minutes
55 seconds West along said East line a distance of 459.91
feet to the point of beginning,
Exhibit E
.
.
.
which lies Southerly and Southeasterly of the following described
line (and which is hereinafter referred to as "Land"):
Commencing at the Southwest corner of said Lot 44; thence
North 89 degrees 56 minutes 14 seconds East, assumed
bearing, along the Southerly line of said Lot 44 a
distance of 347.17 feet; thence Northeasterly, continuing
along said Southerly line, a distance of 104.91 feet
along a curve not tangential with the last described
line, said curve is concave to the Southeast and has a
radius of 673.00 feet, a central angle of 8 degrees 55
minutes 54 seconds and the chord of said curve bears
North 66 degrees 54 minutes 29 seconds East, to the
intersection with the Easterly line of said Lot 44; said
intersection is the point of beginning of the land to be
described; thence North 69 degrees 46 minutes 01 seconds
West to the intersection with the Westerly line of said
Lot 44 a distance of 294.22 feet to the point of
beginning of the line to be described; thence North 23
degrees 22 minutes 37 seconds East a distance of 184.83
feet; thence North 47 degrees 16 minutes 31 second East
a distance of 95.00 feet; thence North 84 degrees 49
minutes 36 seconds East a distance of 133.58 feet to the
East of said Lot 44 and there terminating.
1. Grantors hereby covenant and agree:
a.
No structures shall be constructed, erected or
placed upon, above, or beneath the Land, including
without limitation, fences, fireplaces, steps,
docks, piers, hardcover or roads of any nature
whatsoever, or any other structure or improvement
inconsistent with the natural state of the Land.
b. No trees, shrubs or other vegetation shall be
destroyed, cut or removed from the Land except as
authorized by written consent of Grantee.
c. No earth, loam, peat, gravel, soil or any other
natural material or substance shall be moved or
removed from the Land, and there shall be no
dredging or excavation of any nature whatsoever or
any change of the topography of the Land without the
written consent of Grantee. ~
d. No soil, sand, gravel or other substance or material
as landfill shall be placed, dumped or stored upon
the Land and no waste, trash or garbage shall be
placed, dumped or stored upon the Land.
e.
No use shall be made of the Land except uses, if
any, which will not change or alter the natural
2
.
.
.
condition of the Land, and no use which would tend
to change the drainage, flood control, water
conservation, erosion control, soil conservation,
fish and wildlife habitat characteristics shall be
made of the Land or the water situated thereon.
f.
Grantee may enter upon the Land for the purposes of
inspection and enforcement of the covenants
contained herein and to cause to be removed from the
Land without any liability any structures, uses,
materials, substances or unnatural matter
inconsistent with the covenants contained herein and
the natural state of the Land.
2.
Grantors hereby grant, gift, quit claim and convey to
Grantee a perpetual flowage easement and right and
privilege to trespass with water over and upon any or all
of the Land.
3.
Grantors herein do hereby remise, release, acquit and
forever discharge, forever, the Grantee and any and all
of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature
whatsoever which may arise or accrue by virtue of any
flowage or trespass with water wi thin terms of these
agreements.
In addition to any other remedy the Grantee may have, the
covenants and restrictions contained herein may be
enforced by injunction.
Grantors do not intend that the public should have any
interest in the above Land by virtue of this indenture
or oth~rwise, except as hereinabove set forth.
The Land area covered by this Flowage And Conservation
Easement is intended to be that area shown as "wetland"
on the survey prepared by Advance Survey And Engineering
Company, a copy of which is attached hereto as Exhibit
'A' and incorporated herein for illustrative purposes.
All provisions hereof shall run with the Land and shall extend
to and bind the heirs, successors, representatives, grantees or
assigns of the respective parties.
3
.'
.
.
.
IN WITNESS WHEREOF, said Grantors have hereunto set their
hands the day and year first abovejttten. l /
~/i ./L- ~ L~vy:k-
JO~ Pastuck
/ tu-J- ~ C)~
Josep L. O'C ,nor
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
,SAJ
instrument was acknowledged before me this
, 1992, by John E. Pastuck, single.
~ ly{3 f/
~ .;;e '~ttv~L{L~/t~ ,
Notary
r@::~'._~~~~H~~~:~~f~:-J.
; ~J HENNEPIN COUNTY
: My Comm. Expires May 15. 1.
!...... _.....-....III...-~.._.. _..~.-...
Th1rfOregoJng
day of. ! t'J.-k'.AAA..VeV,
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
-'7 (;
The/foregoing instrument was acknowledged before me this~~
day of ^j;~U-v\;Lt.Uj~ , 1992, by Joseph L. O'Connor and Laurie Anne
O'Connor, husband and wife.
r~:'.-"-lEAHT"iARNAClEJ
: ~ie. NOTARY PUBlIC-MIN.NESOTA
f ~ HENNEPIN COUNTY
1_.._.._..~~~~ Expires May 15. 1998
.......... ..................
~ '-b{fI II.
o .. /1\ ! . . t!l ("vL~'----
Notary
THIS INSTRUMENT WAS DRAFTED BY:
James D. MacKinnon
730 East Lake Street
Wayzata, Minnesota 55391
4
"
.
.
.
CONSENT OF MORTGAGEE
The undersigned, mortgagee of the property identified on the attached Flowage and
Conservation Easement, hereby consents to that certain easement described therein.
By:
Its
STATE OF
)
)
)
COUNTY OF
The foregoing instrument was acknowedged before me this
day of , 1992, by
the of
a
, on behalf of the
Notary Public
"
.
.
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