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88-075 . . . RESOLurICN N). 75-88 A RESOLurICN APPROVUU A SUBDIVISICN OF REAL PROPEIDY AND GRANl'IOO A VARIANCE '10 CYRIL A. KERBER WHEREAS, Cyril A. Kerber and Madonna Kerber (Applicants) are the owners of certain real property (Subject 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, Applicants have applied to the City for a subdivision of said property to foftTI Parcell and Parcel 2, legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, approval of the proposed subdivision requires a variance because the resulting Parcel 2 will be a substandard lot for the zoning district in which it is located; and WHEREAS, the Applicants and all other parties holding an interest in the Subject Property have agreed to grant to the City certain drainage and utility easements and certain conservation and drainage easements, legally described in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, a Public Hearing was held by the Shorewood Planning COmmission on July 5, 1988, for which notice was duly published and all adjacent property owners duly notified. N:lV, 1HERE:FCJm, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDIOOS OF FACf 1. That the Subject Property is located in an R-lA single family residential zoning district which requires a minimum lot area of 40,000 square feet. 2. That the Subject Property contains 78,628 square feet, and the proposed division will result in two parcels, Parcell, which will contain 40,140.4 square feet, and Parcel 2, which will contain 38,488.4 square fee t . . . . 3. That the lot to the south of the Subject Property contains only 10,200 square feet and the lots to the west of the Subject Property contain only 18,200 square feet and 13,000 square feet. 4. That the public right-of-way for Rustic Way is 66 feet, which is 16 feet greater than the required 50 feet, providing a greater open space area to the south of the Subject Property. 5. That a small portion of the Subject Property lies in a designated wetland area. 6. That a literal interpretation of the zoning ordinance would deprive the Appl icants of the reasonable use of their land, peftTIitting only one single-family hane on the property. 7. That the variance, if granted, would not violate the intent and purpose of the City's Corrprehensive Plan and would not alter the essential character of the locality. cna.USICNS 1. That the Applicants have satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and have established an undue hardship as defined by M.S. ~462.357, Subd. 6(2). 2. That Applicants' request for a variance to divide the Subject Property legally described in Exhibit A into two parcels legally described in Exhibi t B is hereby granted. 3. That the Ci ty Clerk furni sh Appl icants wi th a cert i fled copy of this Resolution for recording purposes. 4. That Applicants record this Resolution, together with the drainage and utility easements, legally described in Exhibit C, and the conservation and drainage easement, legally described in Exhibit D, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification. .A1X)P!'ED BY '!HE CIlY axJNCIL of the City of Shorewood this 11th day of July, 1988. Robert Rascop, Mayor ATrEST: Sandra L. Kennelly, City Clerk . . . That part of Lot 20, Uoltmere, according to the plat thereof on file and of record in tIle office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along tIle South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distallce of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. EXHIBIT A . . . PARCEL 1 That part of Lot 20, HolLmere, according to the plat thereof on file and of record in the office o[ the County Recorder, Hennepin County, Minnesota, described as [allows: Beginning at the Southwest corner of said Lot 20; thence easterly alonq the Sout.h line of IJO t 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of JJot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. Except that portion lying easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. PARCEL 2 That part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. That lies easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. EXHIBIT B , JIIfI' . . . F..'tn N... 28.M -QUIT CLAIM DEED I ndivlduft' hi 10 Corpo,ntion or.Fltftiiiriiip l\'lnn""fll" t.'nlfnrm ('"n\'~\'IlI"r1". nl"nk. (I "'7") I MIII",.Oll...lt Co.. Mlnnlt.poll. No delinquent I.axl'~ and transf"r I'nIN,'d; ("l'rflfi..all' of Real E~t.al.l' Val!l!' ( ) rill'd ( ) nol I"l'qniro'd Certificat!' of R!'al Estall' V"lul' No. . 1!1 by __.___._ ("ounl \' .\ wlilm I !I'l'u!, Dat.e;_._..____ STATEDEEDT^' 1l1"';111':1l1-:()~'~; Exempt ,1!1 88 FOR VALU^,ILE CONSIIlEIl XI I()~. (n's!'rvl'd for rl'cordinll data) Cyril A. Kerber and Madonna Kerber, husband..al}C!..l'IHe.__ . -_.. , Grantor (5), (modUli 5tlltU$1 hereby convey:t~ and quitclaim (xli" _.the__<::.i..tY_2Dhorewood , Grantee, a ---1iun i c i..I2~1_<::5)I: PC) r a ti 0 n. _ real propert.y in __!lennepil1_ und..r t.hl' law~ of State of Minnesota _ .__._ County, Minnesota, described a8 follows: See Exhibit "A" attached hereto and made! a part hereof. lif I110tP 'lfH1Cr i~ nPArtpd, contlnuft on bllekt tOllethl'r with nlllwr!'dil.a1JH'1Jls and aPI'\Irt.enan('..~ llt'lonl(ing thereto. STATE OF MINNESOTA COUNTY OF ~NNEP_!_~_.___.__ Cyril A. Kerber Madonna Kerber } S~. .19~, The forelloing in~t.rument wa~ 3('k1Jowledged before me this day of by Cyril A. Kerb.-e..r and Madonna Kerber , husband and wife . Grantor (8). NOTARIAL STAMP OR ~!';AI. (OR OTltF:R TITI,!'; OR RANK) I SIGNATURE Of' PERSON TAKING ACKNOWLEDGMENT TIX Rtltpmflntl tOf thlt real proCl.rty d..~rtbed In thl. In.trument mould hI'! ...nl to (lnrlud.. nlmfl and .ddu", of Onnt"fI): Exempt Tlll~ INSTRUMF:NT W A~ DRAFTEr> lIV (N AMF. ANn A rmR I':s.'): I PENBERTHY LAW OFFICES, LTD. James G. Penberthy (#85030) 264 Water street Excelsior, MN 55331 ,(612) 474-1188 EXHIBIT C . . . " ~~ ~ EXHIBIT "A" A permanent easement for drainage and utility purposes, over, under and across the Easterly 10.00 feet, the Northerly 10.00 feet, and the Westerly 10.00 feet of the following described property: That part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. That lies easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. . . . r - I I I Form No. 28.M -OUIT CLAIM D(ED Indi,,)..'w,1 h) 10 CmpOfAtion on-fllrtfieritiip ~'I"nr'lf.tfl '-'nlform (""nv,"\',."","_ "ll'lI"klll fl"7ft) I No delinquent t.axl'~ nnd tran<fN I'nll'n'd: ('Nllfir'al" of Real E~t.atl' Vallll' ( ) l'ill'd ( Inol 1''''1l1in.d Certificatl' of Rl'nl E,I:lI.<' V:t1111' N,,_ ________ _ . 1 \1 by _______ ('''"IlI\' .\o"ifor STATE D~;ED T^ X I II q.; II I-: It I';, I~ ~ Exempt: 111'l'lI' ~'_ Oatl':____________ .1!1 88 FOR Vi\1,tJAIILE C()NS")~;IL\TI()N. hereby convl'y:t" :Ind qllitclaim t)tl 10 a MuniciI>al Gg~p~ratlo!1~= real property in __!~enneI:Jirl__ Mlllflr.Olvll Co.. Mfn"8",",otll (rl'sl'rvl'd for r('cordinll data) cyri 1 A. Kerber afl~_1!Cl.Eonna Kerber, husband and ~{f~ -.. ---..--- ------r;;:;;;itlll "fttusJ } S~. NOTARIAL STAMP OR SF-AI, (OR OTHER TIT!.E OR RANK) I , Grantor (S), the _._c_H:Y.....o_L~J.!orewood , Grantee, lIndt'r t.he Inws of State of Minnesota County, Minnesota, described as follows: TillS INSTllUMENTW AS llRAFTF.11 nv tN AME ANn ^ ImR E~~): See Exhibit "A" attached hereto and made a part hereof. I if 11lOfP "pAcr it; n.."rl~d. continue on hllcld to~ether wit.h nil herl'dit.nllH'IIt, nnd appurt.eIHlIH'eg hl'lon~in~ thE'reto. cyril A. Kerber Madonna Kerber 119~, .' . l STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoinll instrument was acknowll'd!Zl'd before me this day of by cyril A. K!tl:.ber and Madonna Kerber. husband and wife , Grantor (s). ! PENBERTHY LMv OFFICES, LTD. James G. Penberthy (#85030) 264 Water Street Excelsior, MN 5533] (612) 474-1188 SIGNATURE OP' PERSON TAKING ACKNOWLEDGMENT T.. 8t"tfmflntl tor thlt ,ul propftrty rt..r.rlbed In thl. In,trumenl mould hI"! .flnt to (tnrlud. n.me Ind addr.... ot Onnte..): Exempt . . . EXHIBIT "A" A permanent easement for drainage and utility purposes, over, under and across the Northerly 10.00 feet and the Easterly 10.00 feet of the following described property: That part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. Except that portion lying easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. . . . Form No. 31.M -QUIT CLAIM DEED -'"co;"po-;iiiion 'or P8rtnersh'lp~ ... --- to C-:,rp~r8tlon or Partnership Mtnnf'!'IotA Uniform Convf'yanclnl Blank" (1918) FOR VALUABLE CONSID~~RATION. _---Kj.rst Minnesota Savings Bank ..___.._ ,a corporation State of Minnes2.!:.'!__. . Grantor. herehy conveys and quitclaims to t.he C i !:.Y...2.t_~h.o rewood a Municipal Corporation umlpr t.he laws of State of Minnesota Hennepin Count.y, Minnesota. described as follows: No delinquent t.axes and t.ransfer ent.er,:d; Cl'rt.ificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No..._._..._.._.........__ _.19 __... I by County Auditor _______.PeplJ.~y STATE DEED TAX DUE m;Il.EON: $ ._E;_x~ITlP.!:....____ Date: ___ .___....___._... ,19!UL Mlller-O.vlt Co" Mlnnelpolls (reserved for recording data) FSB under the laws of . Grantee, , real property in See Exhibit "A" attached hereto and made a part hereof (if morl!' ~p9ce is needed, continue on beck) together with all hereditaments and appurtenances belonging thereto. First Minnesota Savings Bank FSB ;\f'fix f)\'l.'d ,",c.,. ,~~ ;lp:1' ~ I'Tf STATE OF MINNESOTA } 88. COUNTY OF HENNEPIN The foregoing was acknowledged before me this by the of First Minnesota Savinqs Bank FSB under the laws of State of Minnesota NOTARIAL STAMP OR SEAL (OR OTHER TI1'LE OR RANK) r"" i THIS INSTRUMENT WAS DRAFTED BY (1'1 AME AND ADDRESS): I I PENBERTHY LAW OFFICES, LTD. James G. Penberthy (#85030) 264 Water Street Excelsior, MN 55331 (612) 474-118H By Its By Its day of , 19J!!L , Bnd and ,a corporation corporation . on behalf of the SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tn Stlt.m.nt. lor tho r..1 prop.rty d...r1btd IJI thlt IJIttrumont mould b. lent to (Include nlme and addl." o. Grant..): Exempt . . . " EXHIBIT "A" A permanent easement for drainage and utility purposes, over, under and across the Easterly 10.00 feet, the Northerly 10.00 feet, and the Westerly 10.00 feet of the following described property: That part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line- of said lot a distance of 228.00 feet to the point of beginning. That lies easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. ~:" . ~ . . . FtII'm Nil, 31.M -QUIT CLAIM DHD CO-;"po;Rtion or Plrtnftrship 10 C.,rpor.tlon or Partner!hip Mlnn,.oml,1IIo tfnUnml CnnvI'l'III"('lnl 'U.nkll (1 P7ft) FOR VALlJABLF. CONSlDlmATION. _ ~i_~s_t_.!1)ll~lg_sot_~_~~virgs Bank ..___________________m_____________ . a corporation S ta te .QL_t1LQI..!..e3(),ta _ . UranInI'. herl'hy convl'Ys and quitclaims to _____tj1l:!___<= i ty'_(J.f_Sh(),r:~~9..Q.d a Muni~.!pal Corp__()I'Cl.t~g_n_ IIndpr Ihe laws of Sta te of Minnesota Hennepin______ ___________.___.Collnty, Minn('sota, described as Collows: No dl'linquent taxes and transfl'r l'nt.l'n;d; Cl'Y\.ificat" of Real Estatl' Valul' ( I fil,'d ( ) not y,'qllirl'd Certificate of R{'al F.st.at.1' Vallll' No, .1!l b_m Cnllnl~' ,\lIditol' 111'1'IIty STATE DEF,D TAX PilE "I':Ul':ON: $ Exempt Date: Millar.Olvls Co. Mlnnfllpollll 1 !lOO (rl'sl'rved for recording data) , Grantee, , real property in See Exhibit "A" attached hereto and made a part hereof lit mor.. ~r'lAC" i~ nMlrtf'lrl, contlnuD on bfICkl t.ogethN wit.h nil hl'rl'dilarn('nl~ and nppurt.l'nalll'l's hl'longing thereto. First Minnesota Savings Bank FSB . \ f'fl \: 't. ".,j !;l "'_1' fl",. STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The Coregoing was acknowledged be [ore me thiA by the oC First Minnesota Savinqs Bank FSB under the laws oC State of Minnesota - NOTARIAL STAMP OR SEAL (OR OTHER TI1'LE OR RANK) 1 :'THlS INSTRUMF:NT WAS DRAFTEn RV (NAME ANDADDRF:SS):I ! PENBERTHY JJAW OFFIC. ES, LTD. 'I ~ James G. Penberthy (#85U30) ! 264 Water Street Excelsior, MN 55331 I (612) 474-118~ . By Its By Its day oC , 19J!.1L , and and ,a corporation corporation , on behalf of the SIGNATURE 0.. PER80N TAKING ACKNOWLEDGMENT Tn Slolo",onlo lor Iho rooJ proporty d...rlbtd In Ihle Ino1"""",' oho\lld bfl lent to (lncludl n_m. Ind add".. 01 Or.ntll)t Exempt . . . EXHIBIT "A" A permanent easement for drainage and utility purposes, over, under and across the Northerly 10.00 feet and the Easterly 10.00 feet of the following described property: That part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228.00 feet to the point of beginning. Except that portion lying easterly of a linel47.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. . . . r i I I I ~;;.:.:;~.:~:"::.~~'M """_nnn M'....... ".".- ".T"'" "...." n" No delinquent t.axps and transfpr entf'rf'd; Cerlificalt' of Real Estat.e Value ( ) riled ( ) not requirf'd Certificate of Real [';st.ate Vall'" No, n.. , ] fl_ MIlI".O.~. Co.. Mlnn..polll County Auditor by .._nnl?'<:PI~t Y_ STATE DEED TAX III II'; 1IEItI-:ON: $.. E_~~~~___,_ . ]~, ,8,8, Date: (reserved for recording data) FOR V ALlJABLE CONSlfn;n ATlON. __CYJ::~!_A~__~~EIJe!:._.:l._1!9 Madonna Kerber, ..11 !,Isba1'!9_,_an<!..l'!.i fe,_ , Grantor (s), (marilal !'t8tuSJ hereby convey::t~ and quitclaim (x) lo__t_h_l?~JJ~Y-9f Shorewood a Municipal CorI?Qr9-}:ioE:=-=_ ';~d;:;:-the laws of State of Minnesota real property in ----.!i~n.ll~1:~_____ County, Minnesota, described as follows: , Grantee, See Exhibit "A" attached hereto and made, a part hereof. (if morA space i!i needed, continue on beckl together with all hereditaments and appurtenances belonging thereto. \ ; , I Cyril A. Kerber " Madonna Kerber STATE OF MINNESOTA COUNTY OF HENNEPIN } 55. The foregoing instrument was acknowledged before me this day of by Cyril A. Kerber and Madonna Kerber. husband and wife ,19~. . Grantor (s). r- NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) I SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT T.x Stat.mfmtl tor the real property de.ertbed In th.. Inatrument mould be lent to (lncludfJ nune and addu.. 01 Grantee): Exempt TillS INSTRUMENT WAS DRAFTED ny (NAME ANDADDRESS): !PENBERTHY LAW OFFICES, LTD. ,James G. Penberthy (#85030) : 264 Water Street Excelsior, MN 55331 (612) 474-1188 EXHIBIT D . . . EXHIBIT "A" A permanent easement for conservation and drainage purposes, over, under and across that part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20: thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228 feet to the point of beginning. That lies easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. Lying northerly and northwesterly of the following described line: Beginning at a point on the West line of said parcel distance 47.00 feet South of the Northwest corner thereof; thence northeasterly to a point on the North line of said parcel distance 23.00 feet East of the Northwest corner as measured along the North line and there terminating. . . . Form No. 28.M-OUIT CLAIM DEED MllIer-O'vll Co.. Mlnn..poll. Mlnn"Oh.lrn~'~r_~ .c:nVI.nrln- Ol.nk. (1979) r-- I ndividlltll ht to Corporation or Partnership I I i I I No delinquent t.axes and trallSff'r entNed; Cerhficatf' of Real Est.at.(' Value ( ) riled ( ) not required Certificat(' of Real I<;state Valul' No. ____.____ _ ___.]!l__ County Auditor by ____ n _n______ ___I!~p':l. ty STATE DEED TAX DIIE IIEIU;ON: $ Exempt --.-- ._-".+--~--~ Date: ____________ . l!J __?_li_ (reserved for recording data) FOR VALUABLE CONSIDERATION. _ CY.r:i.l_:I\..~~.r:!:>~E_and Madonna Kerber r hl,!5ba!!c.Lan<l~i fe_ , Grantor (5), (marital status) hereby convey*~ and quitclaim (xl 10 ___.t.l1_E! City of Shorewood a Municipal corpQr?I.I:c;!l :==-__l~~d(:;:-the laws of State of Minnesota real property in ----1!~.I!!:1E!El:f.l________ County, Minnesota, described as follows: , Grantee, See Exhibit "A" attached hereto and made, a part hereof. (if more SrU1Cp. is ""ooed, continue on bAck) together with all hereditament.s and appurt.enanl'es belonging thereto. .... r,',. Cyril A. Kerber . , !;, Madonna Kerber STATE OF MINNESOTA COUNTY OF HENNEPIN } ss. The foregoing instrument was acknowledged before me thi8 day of by Cyril A. Kerber and Madonna Kerber. husband and wife ,1~, , Grantor (8). r - NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) i SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statflmentl tor the reAl property de",rtbed In thl, Inltrum.nt mould hft lent to (ln~ludfl name and addr... ot Orant..): Exempt TillS INSTRUMENT WAS DRAFTlm n Y (N AMY. AND ^ DnR ESS): !PENBERTHY LAW OFFICES, LTD. -James G. Penberthy (#85030) 264 Water Street Excelsior, MN 55331 I (612) 474-1188 . . . EXHIBIT "A" A permanent easement for conservation and drainage purposes, over, under and across that part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228 feet to the point of beginning. Except that portion lying easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. - Lying northerly and northwesterly of the fOllowing described line: Beginning at the Northwest corner of said parcel; the West line of said parcel having an assumed bearing of South 0 degrees 00 minutes; thence South 81 degrees 34 minutes 57 seconds East a distance of 62.07 feet; thence North 68 degrees 35 minutes 32 seconds East a distance of 91.95 feet to a point on the East line of said parcel distance 47.00 feet South of the Northeast corner thereof and there terminating. . . . F...m III... 'l.M-aUIT CI.AIM DEED -..CornorR,ion-or Pltrtne,s,;i!; to torporlttia" or Partner5hiJl Mlnnrlll"tll Uniform Conv"YllIndnl AI.nk!! (1P1") FOR VALt'ABLE CONSIDlo;!tATION. __.r-:ir.sJ~._~JI)D~ot~?J!i!1qs Bank __________. a corporation ~a te .~Ul--,:!r_!.eJ3()_ta_ . . Gmnlor. herehy conveys and quitclaims to __t1:!~_c:i tYh.()L~ho..r:~_w()Qd a MuniciEi!l C~.2E.atl-.~T1_ IIndf'r the laws of State of Minnesota Hennep~_______________________Collnty, Minl1l.sota, described as follows: No delinquent t.axes and Ir:lI1sfl'r en!-l.rt:<f; C..rtifil'r1(f' of Real Estate VrlllIe ( ) filf'd ( ) not rt'qllired Certificate of Real Estall' Valli!' N(l, . 1!1 b===.__ C(lllnt~. ,\II<filor IJ!'1'1I1y STATF. DEED TAX 1J1IE IIEIlHJN: $ Jo;XCIIIVt Date: _________u_ _ . 1!1 88... MIII..,.Olvl, Co.. Mlnn..pollt (reserved for recording data) , Grantee, , real property in See Exhibit "A" attached hereto and made a part hereof lif morE" l;pAC,," is nP.f!rled, CO"tlr'IUft on back) together with all hen'ditament~ and r1ppurt.enances helonging thereto. First Minnesota Savings Bank FSB .\ f'ft:..- ! ""'l.d 1;1 ..;' "'-j' r I, ", STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged bdore me this by the of First Minnesota Savinqs Bank FSB under the laws of State of Minnesota 1- NOTARIAL STAMP OR SEAL (oa OTHER TITLE oa aANK) I r I ,-- j' THIS INSTRUMENT WAS DRAFTEO OY (NAME ANOAODRF.SS): , PENBERTHY J..AW OFF ICES, UfD. , James G. Penberthy (#85030) 264 Water Street Excelsior, MN 55331 (612) 474-118!l fly Its Ry Its day of , 19.!UL . ond and ,8 corporation corporation , on behalf of the SIGNATURE OF Pl!:RSON TAKING ACKNOWLEDGMENT T.. St.t.m.nt. lor tho rill prop.rt, d..Mlbld In lhle lnotrumont lhouJd be lent to {1ndud. nlme Ind Iddnn 0' Orlnt..)t Exempt . . . EXHIBIT "A" A permanent easement for conservation and drainage purposes, over, under and across that part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of' the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 20; thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 20; thence northerly along the East line of Lot 20 a distance of 300.00 feet; thence West parallel to the South line of Lot 20 a distance of 177.50 feet; thence southwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 20; thence South along the West line of said lot a distance of 228 feet to the point of beginning. Except that portion lying easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. Lying northerly and northwesterly of the following described line: Beginning at the Northwest corner of said parcel; the West line of said parcel having an assumed bearing of South 0 degrees 00 minutes; thence South 81 degrees 34 minutes 57 seconds East a distance of 62.07 feet; thence North 68 degrees 35 minutes 32 seconds East a distance of 91.95 feet to a point on the East line of said parcel distance 47.00 feet South of the Northeast corner thereof and there terminating. . . . Form No. 31.M-OUIT CLAIM DEED .- '-Corp~;'8tion.o~P8rtner;hlp ...--.. to Corporation or Partnership Mlnnf"!'(tt. UnUonn Convt"Ylncln. RI.nklli (1918) No delinquent taxes and transfer ('ntered; Certificate of Real Estate Value ( ) fiI('d ( i not requ ired Certificate of Real Estat!' Vahll' No._______._______.____ _____, 1 H ________ I by County Auditor Depu~y" STATE DEED TAX DUE IIEItEON: $ _~__~~.rnP...!:..___ Date: _______________ ,l!l!UL MllIer-Olyll Co.. Mlnn.,poUI (reserved for recording data) FOR VALUABLE CONSIDERATION, ____first Mil}nesota Savings Bank _ ,a corporation Sta te _of Minnesq.!=cCl_____ , Grantor, herehy conveys and quitclaims to t.h!Lc:::.it'y_..QLel!.o rewood a Municipal CorporatJon_ under the laws of State of Minnesota Hennepin _______County, Minnesota, described as follows: FSB under the laws of , Grantee, , real property in See Exhibit "A" attached hereto and made a part hereof fif morp, space 15 needed, continue on back) together with all hereditaments and appurtenanccs belonging thereto. First Minnesota Savings Bank FSB ,\ffIX I),'..d '1':1', -;1;",'1' 11..,,- STATE OF MINNESOTA } SS. COUNTY OF HENNEPIN The foregoing was acknowledged before me this by the of First Minnesota Savinqs Bank FSB under the laws of State of Minnesota NOTARIAL STAMP OR SEAL (OR OTHER TIl'LE OR RANK) ,- I THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): I I ! PENBERTHY LAW OFFICES, LTD. James G. Penberthy (#85030) 264 Water Street Excelsior, MN 55331 (612) 474-118!l By Its By Its day of , 19JUL , and and ,a corp~ration corporat1on I on behalf of the SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tn Slolom.nl. lor lh. real proporty d.""r1bod Illlblo Inolnunont mould be tent to (Include name Ind addr... of Grant..): Exempt . . . EXHIBIT "A" A permanent easement for conservation and drainage purposes, over, under and across that part of Lot 20, Holtmere, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot 201 thence easterly along the South line of Lot 20 a distance of 277.50 feet to the Southeast corner of Lot 201 thence northerly along the East line of Lot 20 a distance of 300.00 feet1 thence West parallel to the South line of Lot 20 a distance of 177.50 feet1 thence soutllwesterly a distance of 128.03 feet more or less to a point on the West line of Lot 20 a distance of 228.00 feet North of the Southwest corner of Lot 201 thence South along the West line of said lot a distance of 228 feet to the point of beginning. That lies easterly of a line 147.00 feet East of, as measured at right angles to, and parallel with the West line of Lot 20. Lying northerly and northwesterly of the following described line: Beginning at a point on the West line of said parcel distance 47.00 feet South of the Northwest corner thereof1 thence northeasterly to a point on the North line of said parcel distance 23.00 feet East of the Northwest corner as measured along the North line and there terminating.