89-016
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RESOLUTION NO. /~-~
A RESOLUTION STIPULATING TO THE REGISTRATION OF CERTAIN LAND
BY ARTHUR L. JOHNSEN, THOMAS M. SEIFERT AND N. SUSAN SEIFERT
WHEREAS, Arthur L. Johnsen, Thomas M. Seifert and N. Susan
Seifert, Applicants, have commenced a registration proceeding in District
Court, Hennepin County, Court File No. 19515, for the purposes of
registering title to certain land in the City of Shorewood; and
WHEREAS, the City of Shorewood requires an easement for drainage
and utility pUrPOses over a portion of the land to be registered; and
WHEREAS, the Applicants have agreed to provide the City of
Shorewood with such an easement over such land pursuant to the Stipulation
attached hereto and made a part hereof as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. That the Mayor and City Clerk are hereby authorized to
execute the said Stipulation on behalf of the City Council.
2. That the said Stipulation be filed with the District Court as
a part of the proceedings therein.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
February, 1989.
ATTEST:
/
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes:
Nays:
...
STATE OF MINNESOTA
. COUNTY OF HENNEPIN
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
App. Doc. No. 5386337
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File No. 19515
S 112 35-117-23
In the Matter of the Application of
ARTHUR L. JOHNSEN, an undivided one-
half interest, and THOMAS M. SEIFERT )
and N. SUSAN SEIFERT, husband and wife,)
an undivided one-quarter interest each,)
as tenants in commpn. )
)
To Register the Title to Certain Land )
STIPULATION
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For the purpose of this action, it is agreed that:
1. The City of Shorewood shall be entitled to a 15.00 foot
permanent easement for sanitary sewer purposes over, under and across the
following described land:
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That part of Government Lot 1, Section 35, Township 117, Range
23, west of the 5th Principal Meridian, which is bounded as
follows: Commencing at an initial point of beginning, which is
found by commencing at the center of said Sec. 35, running thence
South 330 feet along the East boundary line of said Lot 1, Thence
at a right angle West 141 5/10 ft. to the initial point of
beginning, Thence from said initial point of beginning running
South 28 degrees and 28 minutes west 969 ft. to the North side of
Eden Prairie wagon road. Thence North 40 degrees and 35' west
along the North side of said Eden Prairie wagon road, 332 ft. to
the Southeast corner of land deeded to Peter E. Wi strand by deed
dated Sept. 13, 1904, filed in the office of the Register of
Deeds of Hennepin Co. Minnesota, for record Oct. 6, 1904, at 9
a.m., and recorded in Book 593, first on page 188, afterwards on
page 263, thereof, Thence from the Southeast corner of the land
so deeded to said Wi strand North 40 degrees and 45 minutes East,
796 ft. to a point, which is 330 ft. South of a line running East
& west through the center of said Sec. 35, Thence East 141. 5/10
feet to the place of beginning: which tract of land contains
4.38 acres; said easement being 7.5 feet on each side of the
following described line:
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Commencing at the south line of Section 35, T. 117, R. 23 and the
centerline of Apple Road, thence northeasterly along said
centerline to the point of intersection of the centerline of
County Road No. 82 and Apple Road, thence northeasterly
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deflecting 2 degrees 26' 30" to the left a distance of 186.57
feet, thence northwesterly deflecting 31 degrees 29' to the left
a distance of 430.74 feet, thence northerly deflecting 9 degrees
38' 30" to the right a distance of 228.48 feet, thence easterly
deflecting 9~ degrees 37' 30" to the right a distance of 157.0
feet, thence southeasterly deflecting 42 degrees 34' 39" to the
right a distance of 47.29 feet thence easterly deflecting 42
degrees 34' 39" to the left a distance of 225.0 feet, thence
southerly deflecting 90 degrees 13' to the right a distance of
70.0 feet, thence easterly deflecting 89 degrees 35' 04" to the
left a distance of 169.0 feet to the actual point of beginning of
easement to be described~ thence southerly deflecting 82 degrees
35' 46" to the right a distance of 53.2 feet, thence easterly
deflecting 83 degrees 20' to the left a distance of 61.09 feet~
thence southwesterly deflecting 117 degrees 25' to the right a
distance of 143.12 feet more or less to the westerly extension of
the southerly line of Tract "A", R.L.S. No. 91, thence
southeasterly along a line a distance of 60.55 feet more or less
to a point on the centerline of Hillandale Road, said point being
35 feet south of the southerly line of Tract "A", R.L.S. No. 91
and there terminating.
All for the purpose of opening, laying out, constructing and
maintaining a sanitary sewer line over, under and across the
above-described land.
2. The City of Shorewood shall withdraw its Answer filed herein.
Arthur L. Johnsen
Thomas M. Seifert
N. Susan Seifert
Subscribed and sworn to before me
this _____ day of , 1989.
Notary Public
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c"
CITY OF SHOREWOOD
',it:
By:
Its City Clerk
Subscribed and sworn to.before me
this _____ day of , 1989.
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Notary Public