89-028
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RESOLUTION NO. 28-89
RESOLUTION APPROVING THE FINAL PLAT OF NOEL WOOD 2ND ADDITION
WHEREAS, the final plat of Noel Wood 2nd Addition 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; and
WHEREAS, it is necessary that a Declaration of Covenants and
Restrictions be filed to ensure that grading, drainage and access to the
property is properly provided for at the time of further development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Noel Wood 2nd Addition is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to
execute the Certificate of Approval for the plat on behalf of the City
Council.
3. That this resolution, together with the Declaration of
Covenants and Restrictions attached thereto as Exhibit A, and the final
plat, shall be filed and recorded within 30 days of the Developer's
receipt of this resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate
upon said plat by the Mayor and City 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
formali ty, all in compliance with Minnesota Statutes and the Shorewood
City Code.
ADOPTED BY THE CITY COUNCIL of the
March, 1989.
ATTEST:
City of Shorewoo~~~_,iS 27th day of
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Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes - Haugen, Brancel, Gagne, Stover
Nays - Watten
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COVENANT AND DECLARATION
I. JAMES J. EMMER and MARY P. EMMER are the owners of Lots 1 and 2,
Block 1, Noel Wood 2nd Addition;
2. SECURITY PACIFIC NATIONAL BANK, as Trustee, is the holder of a
mortgage on the EMMER property;
3. The owners covenant and declare (and the mortgagee consents as to
sub-paragraphs 3b and 3c) that Noel Wood 2nd Addition is subject to the
following covenants, conditions, restrictions, reservations and easements
which shall run with the land and benefit and burden all persons who now or
hereafter have any right, title or interest therein;
a) Grading and drainage for any residential construction on Lot 2
shall be subject to review and approval of the city engineer of the City of
Shorewood;
b) An easement for foot and vehicular access and for underground
utilities from Covington Road as a joint driveway easement in favor of said
Lots 1 and 2 and appurtenant thereto;
c) The easement is described as follows:
A 16.00 foot easement for driveway and underground utility
purposes over and across the following described property:
Lots 1 and 2, Block 1, Noel Wood 2nd Addition,
according to the recorded plat thereof.
The center line of said easement is described as follows:
Commencing at the most easterly corner of said Block 1;
thence on an assumed bearing of North 25 degrees 50
minutes 00 seconds West along the northeasterly line
of said Block 1 a distance of 154.45 feet; thence north-
westerly a distance of 26.00 feet along a tangential
curve concave to the northeast having a radius of 306.87
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feet and a central angle of 4 degrees 51 minutes 16
seconds to the point of beginning of the center line to
be described; thence South 28 degrees 55 minutes 00
seconds West not tangent to said curve a distance of
23.00 feet; thence South 6 degrees 20 minutes 00 seconds
East a distance of 46.00 feet; thence South 13 degrees 00
minutes 00 seconds West a distance of 4l.00 feet; thence
South 33 degrees 40 minutes 00 seconds West a distance of
48.00 feet; thence South 43 degrees 45 minutes 00 seconds
West a distance of 50.00 feet and said center line there
terminating.
d)
Each lot shall share equally in the obligation and cost of repair
and maintenance" including snowplowing, of the easement so that the owner of
each of the aforesaid lots shall be responsible for one-half of the expenses
associated with the easement.
IN WITNESS, the parties have signed this instrument on the date indicated.
Dated: April l4, 1989
Dated: April JtL, 1989
SECURITY PACIFIC NATIONAL BANK
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By
By
THIS INSTRUMENT DRAFTED BY:
JAMES N. GRATHWOL
Attorney at Law
216 Water Street
Excelsior, MN 55331
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CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
Subscribed, sworn to and acknowledged before me by JAMES J. EMMER
and MARY P. EMMER, husband and wife, this 14th day of April, 1989.
r~ f;'~Q~'7'
Notary Public
H'-"~._~
STATE OF N, Y.
COUNTY OF _f\f.Y
@~~ MARLENE E. DOHENY
..u NOfMY fl\8JC - MINNESOTA
HENNEPIN COUNTY
.., Clr . __,. 1t. 1.
)
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Subscribed, sworn to and acknowledged before me by K~(\(\E"-tl) T, Me. GrctW'
and "^cl\.il'"p,:=-n L,>/r-.,ch , to me personally known, who, being each by me
duly sworn, did say that they are respectively the \!\C'.e Pr(~SIAp\,\-\- and
Ass\stnnt- S'~crf'+-o. r't. of SECURITY PACIFIC NATIONAL BANK, the national
banking association na ed in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said national banking
association, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said _~.J\'c_e
Pr-e.<":,den+ and ASSIS+ax\-\- Sec('{>\-cu"'{ acknowledged said instrument to be the
free act and deed of said national banking association.
RoeH~T LAU
Notorv Public, Sioie oi /'.JeW Yorl<
;>10.41.485378:2
Q~;dilied ..in Quae>'l5 C~W1ty Q 0
COl1i!:1is!.'c.n t"'pl~~S l'Iiwv S, 10..J..:,
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Notary Public
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