Loading...
89-038 . . . .1 RESOLUTION NO. 38-89 A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, Phyllis and Paul Swanson (Swanson) are the owners of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibits A and B, attached hereto and made a part hereof; and WHEREAS, Susan and Brian Mark (Mark) are the owners of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, Teddy J. Raby (Raby) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit D, attached hereto and made a part hereof; and WHEREAS, Swanson, Mark, and Raby have applied to the City for a subdivision and combination of said properties to form the parcels legally described in Exhibits E, F, G and H, attached hereto and made a part hereof; and WHEREAS, Swanson, Mark, and Raby and all other parties holding an interest in the said real properties have agreed to grant to the City certain drainage and utility easements legally described in Exhibits J, K, and L, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by Swanson, Mark, and Raby comply in all respects with the Shorewood Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real properties legally described in Exhibits A, B, C, and D be subdivided and combined to form the parcels legally described in Exhibits E, F, G and H. 2. That the City Clerk furnish Swanson, Mark, and Raby with a certified copy of this resolution for recording purposes. 3. That Swanson, Mark, and Raby record this resolution, together with the drainage and utility easements legally . . . described in Exhibits J, K, and L with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of May, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Vote: Ayes - Haugen, Brancel, Gagne, Stover, Watten . EXHIBIT D That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block I, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees, 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of Lot 3, Block I, said TONKAWOOD ESTATES distant 11.65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block I, a di stance of 111.65 feet to the Northwesterly line of said Lot 5; thence south 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block I, a distance of 281.24 feet to the point of beginning. . . . . . EXHIBIT E Lot 3, Block 1, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. EXCEPT that part of said Lot 3 lying southeasterly of a line drawn southwesterly from a point on the northeasterly line of said Lot 3 distant 80.00 feet southeasterly from the most northerly corner of said Lot 3 to a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 and said line there terminating. . . . EXHIBIT F Lot 4, Block l, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. ALSO that part of Lot 3, Block 1, said TONKAWOOD ESTATES lying southeasterly of a line drawn southwesterly from a point on the northeasterly line of said Lot 3 distant 80.00 feet southeasterly from the most northerly corner of said Lot 3 to a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 and said line there terminating. That part of the fOllowing described property: That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block 1, said TONKAWOOD ESTATES, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees, 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of said Lot 3, Block 1, distant 11. 65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block 1, a distance of 111.65 feet to the Northwesterly line of said Lot 5; thence south 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block 1, a distance of 281.24 feet to the point of beginning, Which lies northeasterly of a line drawn southeasterly from a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 to the most westerly corner of Lot 5, Block 1, said TONKAWOOD ESTATES and lying northerly of the westerly e~tension of the south line of said Lot 4 . . . EXHIBIT G Lot 5, Block 1, TONKAWOOD ESTATES, according to the recorded pI at thereof, Hennepin County, Minnseota. That part of the following described property: That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block 1, said TONKAWOOD ESTATES, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of Lot 3, Block 1, said TONKAWOOD ESTATES, distant 11.65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block 1, a distance of 111.65 feet to the Northwesterly line of said Lot 5; thence South 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block 1, a distance of 281.24 feet to the point of beginning, Which lies northeasterly of a line drawn southeasterly from a point on the southwesterly line of Lot 3, Block 1, said TONKAWOOD ESTATES distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 to the most westerly corner of said Lot 5, and lying southerly of the westerly extension of the south line of Lot 4, Block 1, said TONKAWOOD ESTATES. . EXHIBIT H . That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block 1, said TONKAWOOD ESTATES, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees, 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of said Lot 3, Block l, distant 11.65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block 1, a distance of l1l.65 feet to the Northwesterly line of said Lot 5; thence south 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block 1, a distance of 281.24 feet to the point of beginning, Except that part which lies northeasterly of a line drawn southeasterly from a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 to the most westerly corner of Lot 5, Block 1, said TONKAWOOD ESTATES. . . . . EXHIBIT J EASEMENT AGREEMENT THIS INDENTURE made this day of 1989, by PAUL A. SWANSON and PHYLLIS L. SWANSON, husband and wife, residing at 4670 Lakeway Terrace, Shorewood, Hennepin County, Minnesota (hereinafter referred to as "Grantors"). The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, the Grantee (hereinafter referred to as the "City"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, forever, a permanent easement for drainage and utilities over, across, on, under and through land situated within the County of Hennepin, State of Minnesota, and described on attached Exhibi t "A" (hereinafter referred to as the "Easement Premises"). The Ci ty, its contractors, agents, servants and assigns, shall have the right to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair and maintain said drainage and utility systems located over, across, on, under and through the Easement Premises. The Grantors, for themselves, thei r successors, hei rs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described Easement Premises and have the sole right to grant and convey the easement to the City. 1 . . . IN TESTIMONY WHEREOF, the Grantors hereto have signed this Indenture the day and year first above written. STATE OF MINNESOTA ) ) SSe COUNTY OF HENNEPIN ) GRANTORS: Paul A. Swanson Phyllis L. Swanson The foregoing instrument was aCknowledged before me this day of , 1989, by Paul A. Swanson and Phyllis L. Swanson, husband and wife, Grantors. This Instrument Was Drafted By: Larson & Lambert 1000 Superior Boulevard Wayzata, MN 55391 Notary Public 2 . . . EXHIBIT "A" A 10.00 foot wide drainage and uti li ty easement over, across and under the northwesterly, southeasterly and southwesterly 10.00 feet of the following described property: Lot 3, Block 1, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. EXCEPT that part of said Lot 3 lying southeasterly of a line drawn southwesterly from a point on the northeasterly line of said Lot 3 distant 80.00 feet southeasterly from the most northerly corner of said Lot 3 to a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 and said line there terminating. . . . EXHIBIT K EASEMENT AGREEMENT THIS INDENTURE made this day of 1989, by PAUL A. SWANSON and PHYLLIS L. SWANSON, husband and wife, residing at 4670 Lakeway Terrace, ShorewoOd, Hennepin County, Minnesota (hereinafter referred to as "Grantors"). The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, the Grantee (hereinafter referred to as the "City"), the receipt and sUfficiency of which is hereby acknowledged, do hereby grant unto the Ci ty, its successors and assigns, forever, a permanent easement for drainage and utilities over, across, on, under and through land situated within the County of Hennepin, State of Minnesota, and described on attached Exhibit "A" (hereinafter referred to as the "Easement Premises"). The City, its contractors, agents, servants and assigns, shall have the right to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair and maintain said drainage and utility systems located over, across, on, under and through the Easement Premises. The Grantors, for themselves, thei r successors, hei rs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described Easement Premises and have the sole right to grant and convey the easement to the City. 1 . . . IN TESTIMONY WHEREOF, the Grantors hereto have signed this Indenture the day and year first above written. STATE OF MINNESOTA ) ) SSe COUNTY OF HENNEPIN ) GRANTORS: Paul A. Swanson Phyllis L. Swanson The foregoing instrument was acknowledged before me this day of , 1989, by Paul A. Swanson and Phyllis L. Swanson, husband and wife, Grantors. This Instrument Was Drafted By: Larson & Lambert 1000 Superior Boulevard Wayzata, MN 55391 Notary Public 2 . . . EXHIBIT "A" A 10.00 foot wide drainage and uti li ty easement over, across and under the Northwesterly, Southwesterly and Southerly 10.00 feet of the fOllowing described property: Lot 4, Block 1, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. ALSO that part of Lot 3, Block 1, said TONKAWOOD ESTATES lying southeasterly of a line drawn southwesterly from a point on the northeasterly line of said Lot 3 distant 80.00 feet southeasterly from the most northerly corner of said Lot 3 to a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 and said line there terminating. That part of the fOllowing described property: That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block 1, said TONKAWOOD ESTATES, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees, 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of said Lot 3, Block 1, distant 11.65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block 1, a distance of 111.65 feet to the Northwesterly line of said Lot 5; thence south 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block 1, a distance of 281.24 feet to the point of beginning, Which lies northeasterly of a line drawn southeasterly from a point on the southwesterly line of said Lot 3 distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 to the most westerly corner of Lot 5, Block 1, said TONKAWOOD ESTATES and lying northerly of the westerly extension of the south line of said Lot 4. EXHIBIT L . EASEMENT AGREEMENT THIS INDENTURE made this day of 1989, by BRIAN S. MARK and SUSAN MARK, husband and wife, residing at 4690 Lakeway Terrace, Shorewood, Hennepin County, Minnesota (hereinafter referred to as "Grantors"), and First Minnesota Savings Bank, FSB (hereinafter referred to as "Mortgagee"). The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, the Grantee (hereafter referred to as the "City"), the receipt and sUfficiency of which is hereby aCknowledged, do hereby grant unto the Ci ty, . its successors and assigns, forever, a permanent easement for drainage and utilities over, across, on, under and through land situated within the County of Hennepin, State of Minnesota, and described on attached Exhibit "A" (hereinafter referred to as . the "Easement Premises"). The City, its contractors, agents, servants and assigns, shall have the right to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair and maintain said drainage and utility systems located over, across, on, under and through the Easement Premises. The Grantors, for themselves, thei r successors, hei rs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described Easement Premises and have the sole right to grant and convey the easement to the City. 1 , . . . The Mortgagee, holder of a mortgage interest against a portion of the property described on attached Exhibit "A", said mortgage being dated August 10, 1984, and recorded August 22, 1984, in the Office of the Registrar of Ti tIes as Document No. 1596029, hereby consents to the creation of the easement contemplated hereby. IN TESTIMONY WHEREOF, the parties hereto have signed this Indenture the day and year first above written. GRANTORS: Brian S. Mark Susan Mark MORTGAGEE: FIRST MINNESOTA SAVINGS BANK, FSB By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1989, by Brian S. Mark and Susan Mark, husband and wife, Grantors. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1989, by 2 . . . the , of First Minnesota Savings Bank, FSB, a United States of America corporation, on behalf of First Minnesota Savings Bank, FSB, Mortgagee. Notary Public This Instrument Was Drafted By: Carter DeLaittre Larson & Lambert 1000 Superior Boulevard Wayzata, MN 55391 (612) 475-3435 3 . . . EXHIBIT "A" A 10.00 foot wide drainage and uti Ii ty easement over, across and under the northerly and southwesterly 10.00 feet of the following described property: Lot 5, Block 1, TONKAWOOD ESTATES, according to the recorded plat thereof, Hennepin County, Minnseota. That part of the following described property: That part of Government Lot 1, Section 26, Township 117, Range 23, described as beginning at a point on the Northwesterly line of Lot 8, Block 1, said TONKAWOOD ESTATES, distant 6.69 feet Southwesterly from the most Northerly corner of said Lot 8; thence North 33 degrees 42 minutes 30 seconds West (assuming the Northwesterly line of said Lot 8 as bearing South 50 degrees 30 minutes West) a distance of 123.3 feet; thence Northeasterly to a point on the Southwesterly line of Lot 3, Block 1, said TONKAWOOD ESTATES, distant 11.65 feet Northwesterly from the most Southerly corner of said Lot 3; thence South 44 degrees 15 minutes East along the Southwesterly line of Lots 3, 4 and 5, in said Block 1, a distance of 111.65 feet to the Northwesterly line of said Lot 5; thence South 50 degrees 30 minutes West along the Northwesterly line of Lots 5, 6, 7 and 8, in said Block 1, a distance of 281.24 feet to the point of beginning, Which lies northeasterly of a line drawn southeasterly from a point on the southwesterly line of Lot 3, Block 1, said TONKAWOOD ESTATES distant 11.65 feet northwesterly from the most southerly corner of said Lot 3 to the most westerly corner of said Lot 5, and lying southerly of the westerly extension of the south line of Lot 4, Block 1, said TONKAWOOD ESTATES.