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88-055 , . . RESOLUTION NO. 55-88 A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND GRANTING A VARIANCE TO MIC HAEL SPEAR WHEREAS, Michael S. Spear and Terry Spear (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 1, attached hereto and made a part hereof; and WHEREAS, Applicant has applied to the City for a subdivision of the Subject Property to form Parcel A and Parcel B. legally described in Exhibit 2, attached hereto and made a part hereof; and WHEREAS, approval of the proposed subdivision requires a variance because the resulting Parcel B will then have no direct access to a public street in the City of Shorewood; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on June 7, 1988, for which notice was duly published and all adjacent property owners duly notified. NOW, T HEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in a R-1C, single family residential zoning district and contains approximately 121,410 square feet. 2. That the proposed division will result in two parcels, Parcel A which will contain 34,950 square feet, and Parcel B which will contain 86,460 square feet, with Parcel B having no access to a public street within the City of Shorewood. 3. That Parcel A fronts on a public street (Murray Street) which is a substandard street, being only 38 feet in width. 4. That Applicant has agreed to provide access to Parcel B by way of a driveway easement over and across the easterly 50 feet of Parcel A. 5. That Applicant has agreed to grant to the City a public right-of-way easement for roadway purposes over and across the southerly 12 feet of Parcel A in order that the public street may be extended to the standard width of 50 feet. , . . 6. That Applicant has agreed to enter into a restrictive agreement providing that Parcel B will not be subdivided in the future. CONCLUSIONS 1. T hat approval is hereby granted for the Subject Property, legally described in Exhibit 1, to be subdivided to form Parcel A and Parcel B, legally described in Exhibit 2. 2. That Applicant's request for a variance to Shorewood City C ode requirement that a lot have direct access to a public street is hereby approved and granted. 3. T hat this approval and grant is specifically conditioned upon the grant of a 50 foot driveway easement over Parcel A in favor of Parcel B, the grant of a 12 foot public right-of-way easement over Parcel A to the City of Shorewood, and the execution of a restrictive agreement prohibiting future division of Parcel A. 4. That the Applicant record this resolution, together with the grant of easements and restrictive covenants, attached hereto as Exhibit 3, 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 13th day of June, 1988. Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk . LEGAL DESCRIPTION . Existing Parcel: That part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85 to a point 473. 50 feet \'lest from the southeast corner of Lot 84, in said Auditor's Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet, more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence South along said west line to the point of beginning, according to the recorded plat thereof, except the east 10 feet of the south 333 feet. Subject to an easement for sanitary sewer granted to the City of Shorewood over a portion of premises as created in Document No. 4116450 dated October 4, 1974, filed November 22, 1974. AREA: 121,410 sq. ft. (2.787 acres) . EXHIBIT 1 . Parcel A: The South 200.00 feet of that part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota as measured at a right angle to. the south line of said Lot 85, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85, to a point 473.50 feet West from the southeast corner of Lot 84, in said Auditor's Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 . minutes 17 seconds, a distance of 319.50 feet; more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence south along said west line to the point of beginning, according to the recorded plat thereof except the east 10 feet of the south 333 feet. Subject to an easement for ingress and egress over and across the east 50.00 feet of the above described parcel. Subject to an easement for roadway purposes over and across the sou th 12.00 feet of the above described parcel. AREA: 34,950 sq. ft. . EXHIBIT 2 (page 1 of 3) . Parcel B: That part of Lot 85, Auditor IS Subdivision Number 135, Hennepin County, Minnesota, described as beginning at the southwest corner of said Lot 85; thence East . along the south line of said Lot 85 to a point 473.50 feet West from the southeast corner of Lot 84, in said Auditor I s Subdivision; thence northerly deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet, more or less, to the shoreline of Galpin, Lake, thence westerly along said shoreline to the west line of said Lot 85; thence South along said west line to the point of beg inning, according to the recorded plat thereof, except the east 10 feet of the south 333 feet, AND EXCEPT The South 200.00 feet of said Lot 85 as measured at a right angle to the south line of said Lot 85 together with an easement for ingress and egress over and across the east 50.00 feet of the following described parcel: measured at a line of said beginning at said Lot 85; The South 200.00 feet of that part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota as right angle to the south Lot 85, described as the southwest corner of thence East along the south line of said Lot 85, to a point 473.50 feet West from the southeast . EXHIBIT 2 (page 2 of 3) ..' corner of Lot 84, in said Auditor IS Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet; more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence south along said west line to the point of beginning, according to the recorded plat thereof except the east 10 feet of the south 333 feet. . Subject to an easement for sanitary sewer granted to the City of'Shorewood over a portion of premises as created in Document No. 4116450 dated October 4, 1974, filed November 22, 1974. AREA: 86,460 sq. ft. . EXHIBIT 2 (page 3 of 3) , ~ ./ .~ /../" . . . . . DECLARATION OF COVENANTS AND DEDICATION OF EASEMENTS This Declaration made this I f~ I, day of 4v61./57 , 1988, by the undersigned parties, being the fee owners of land hereinafter described as existing property, lying in Hennepin County, Minnesota. RECITALS WHEREAS, Michael S. Spear and Terri L. Spear, husband and wife, (hereinafter "the Spears") are the fee owners of the following legally described parcel: Existing Parcel: That part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85 to a point 4 73.50 feet West from the southeast corner of Lot 84, in said Auditor I s Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet, more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence South along said west line to the point of beginning, according to the recorded plat thereof, except the east 10 feet of the south 333 feet. Subject to an easement for sanitary sewer granted to the City of Shorewood over a portion of premises as created in Document No. 4116450 - 1 - EXHIBIT 3 " . . . '.. and, dated October 4, 1974, filed November 22, 1974. AREA: 121,410 sq. ft. (2.787 acres) Spears desire to subdivide by simple subdivision into the above described the two following WHEREAS, the Existing Parcel parcels: Parcel A: The South 200.00 feet of that part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota as measured at a right angle to the south line of said Lot 85, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85, to a point 473.50 feet West from the southeast corner of Lot 84, in said Auditor's Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet; more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence south along said west line to the point of beginning, according to the recorded plat thereof except the east 10 feet of the south 333 feet. Subject to an easement for ingress and egress over and across the east 50.00 feet of the above described parcel. Subject to an easement for roadway purposes over and across the south 12.00 feet of the above described parcel. - 2 - , .' AREA: 34,950 sq. ft. . . Parcel B: That part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85 to a point 473.50 feet West from the southeast corner of Lot 84, in said Auditor I s Subdivision; thence northerly deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet, more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence South along said west line to the point of beginning, according to the recorded plat thereof, except the east 10 feet of the south 333 feet, AND EXCEPT The South 200.00 feet of said Lot 85 as measured at a right angle to the south line of said Lot 85 together with an easement for ingress and egress over and across the east 50.00 feet of the following described parcel: . The South 200.00 feet of that part of Lot 85, Auditor's Subdivision Number 135, Hennepin County, Minnesota as measured at a right angle to the south line of said Lot 85, described as beginning at the southwest corner of said Lot 85; thence East along the south line of said Lot 85, to a point 473.50 feet West from the southeast - 3 - " . . . , .' corner of Lot 84, in said Auditor's Subdivision; thence northerly, deflecting to the left 89 degrees 15 minutes 19 seconds a distance of 345.53 feet; thence northerly deflecting to the left 0 degrees 29 minutes 17 seconds, a distance of 319.50 feet; more or less, to the shoreline of Galpin Lake, thence westerly along said shoreline to the west line of said Lot 85; thence south along said west line to the point of beginning, according to the recorded plat thereof except the east 10 feet of the south 333 feet. Subject to an easement for sanitary sewer granted to the City of Shorewood over a portion of premises as created in Document No. 4116450 dated October 4, 1974, filed November 22, 1974. AREA: 86,460 sq. ft. and, WHEREAS, the granting covenants, and the City of Shorewood desires, as a condition prior to said simple subdivis ion, certain declarations, dedication of easements be provided. NOW THEREFORE, the Spears hereby declare and impose upon the designated properties the following covenants, conditions, restrictions, and reservations which shall operate as restrictions passing with the conveyance of the designated parcels and shall apply to and bind each and every successor in interest to the parties hereto. - 4 - , .. .. . 1. Public Right-of-Way Easement Parcel A. The Spears hereby grant, bargain, quit claim, and convey to the City of Shorewood, its successors and assigns, an easement over and across a portion of Parcel A for the benefit of a public right-of-~ay. Said easement is legally described as follows: An easement for roadway purposes over and across the South 12.00 feet of the above described Parcel A. 2. Ingress and Egress Easement. The Spears hereby reserve an easement for ingress and egress purposes over and across the east 50.00 feet of Parcel A for the benefit of Parcel B as above described. The Spears further agree that said easement shall be a non-exclusive easement and that at such time as the tract of land to the immediate east of Parcels A and B above-described is developed, a easement for ingress and egress purposes shall be offered to the owner of said tract for fair market value. . 3. Covenant Not To Subdivide. That in consideration for the right to subdivide the existing parcel described above, the Spears hereby covenant with the City of Shorewood that no future subdivision of Parcel "B" above described shall be granted by the City of Shorewood. 4. Duration. These covenants, conditions, restrictions, and reservations shall run with the land, Parcels A, B, C, and D; and shall be binding on all of the parties hereto; upon all persons claiming under them; and upon all purchasers of all or any of the properties above described and their heirs, probate representatives, assigns, and successors in interest. These covenants, conditions, restrictions, and reservations shall remain in full force and effect for a period of 40 years from the date hereof. . - 5 - . 5. Severabili ty. Invalidation of anyone or more of the provisions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect until the date of expiration. 6. Mode of Enforcement. Any owner of any portion of the above described property shall have the right to enforce the provisions of this instrument in his or her own name by proceedings in equity to restrain any violation against any person violating or attempting to violate any covenant or provision hereof. 7. Amendment. It shall be within the exclusive power of the City of Shorewood to relieve the above described properties of the covenants, restrictions, and conditions imposed herein. IN WITNESS WHEREOF, the undersigned has caused this declaration to be executed as of the ~~~ day and year first above written. . ~ . - 6 - ~ 1'>";' . ..f . . . STATE OF MINNESOTA ACKNOWLEDGMENT SS COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ~~~ day of r:~~-r ~'-> ..,L- , 1988 by Michael S. Spear and Terri L. Spear, husband (and! wife. This Document Prepared By: KELLY LAW OFFICES 351 Second Street Excelsior, MN 55331 (612) 474-5977 - 7 - ~~~/~d . Notary ~ /r- I MARK W. KELLY J ' NOTARY PUBLIC. MINNESOTA HENNEPIN COUNTY My Cclllllriuloll f~I,1!S Dee. 3, 1988 "~vYfYlvfV-VYYW'W.~""""""