07-082CITY OF SHOREWOOD
RESOLUTION NO. o~-os2
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF
REAL PROPERTY AND LOT WIDTH VARIANCE FOR LINDA BEUTEL-
ILSTRUP
WHEREAS, Linda Beutel-Ilstrup (Applicant) is the owner of certain
real properties in the City of Shorewood, legally described in Exhibit A, attached hereto
and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a subdivision and
combination of said real properties into two parcels legally described in Exhibit B,
attached hereto and made a part hereof; and
WHEREAS, the Applicant's request was reviewed by the City Planner in a
memorandum, dated 29 November 2007, which report is on file at the Shorewood City
Offices; and
WHEREAS, the Applicant's request was considered by the Planning
Commission at its regular meeting on 4 December 2007, the minutes of which meeting
are on file at the Shorewood City Offices; and
WHEREAS, the Applicant's request was considered by the City Council at its
regular meeting on 10 December 2007, at which time the Planner's recommendations
and the minutes of the Planning Commission were reviewed anal comments were heard
by the Council from the City staff.
WHEREAS, the subdivision requested by the Applicants complies in all
respects with the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject properties are located in an R-1C, Single-Family Residential
zoning district, which requires lots to be 100 feet wide at the building line (35 feet back
from the front of the lot).
2. The existing westerly parcel has only 33 feet of frontage on Division Street.
The existing easterly parcel is landlocked and has no frontage on a public street.
3. The subject properties are accessed by a common driveway located along
the north side of the two lots.
4. The property to the south of the westerly lot has a 20-foot driveway
easement across over the westerly side of the property.
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CONCLUSIONS
a. The Applicant has satisfied the criteria for the grant of a variance under
the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes.
b. Based upon the foregoing, the City Council hereby grants to the
Applicant a lot width variance and a minor subdivision and combination to create the
two parcels described in Exhibit B, attached hereto and made a part hereof, subject to
the following conditions:
(1) The Applicant must record the drainage and utility easements described.
in Exhibits C and D contemporaneously with this resohrtion.
(2) The Applicant must record the driveway easement and maintenance
agreement described in Exhibit E contemporaneously with this
resolution.
(3) The required setbacks for the two newly described parcels are illustrated
in Exhibit F, attached hereto and made a part hereof.
c. The City Administrator/Clerk is hereby authorized and directed to
provide a certified copy of this resolution for filing with the Hennepin County Recorder
or Registrar of Titles.
d. The Applicant shall record this resolution, together with the drainage and
utility easements described in Exhibits C and D and the Driveway Easement and
Maintenance Agreement described in Exhibit E with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this
resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of November 2007.
~~
CHRISTINE LIZEE, MAYOR
ATTF,ST:
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CRAI~GV., DA W
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CITY ADMINISTRATOR/CLERK
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LB~N® PARCEL A SURVE1fE®
All that part of Lot 112, Auditor's Subdivision. Number One Hundred and Twenty, Hennepin County,
Minnesota, described as follows: Beginning at the northeast corner of said lot 112; thence
southwesterly along the southeasterly line thereof 326.15 feet; thence deflecting right 90 degrees, a
distance of 80 feet; thence northerly to a point on the north line of said Lot 112 distant 300.35 feet
west of the northeast corner thereof; thence east to the point of beginning.
Together with an easement over the north 20 feet measured parallel with the north line, all that part
of Lots 111 and 112, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County,
Minnesota, lying westerly of the above described property and easterly of a line described as
follows: Beginning at an iron monument on the southeasterly line of said Lot 112, distant 131,5 feet
northeasterly along said line of the southeasterly corner of said Lot 112; thence northwesterly 522
feet to an iron monument on the north line of said Lot 111, distant 550.5 feet west from the
northeast corner of said Lot 112, and there ending.
NOTES The above land parcel description is taken from Excelsior Title (Commonwealth Land Title
Insurance Company Commitment Number BEUTEL 5875), The above easement is according to plat
of survey for George Harris, September 11, 1959 prepared by G. Coffin. Easements, if any,
affecting the land parcel surveyed by usage, of public record, or otherwise indicated on any plat or
map were not reviewed and are omitted, unless otherwise indicated.
LANa1®f i'iRV~L ~ J6dR`NEYE®
All that part of Lots 111 and 112, Auditor's Subdivision Number One Hundred and Twenty,
Hennepin County, Minnesota, described as follows: Commencing at the northeast comer of said
Lot 112; thence southwesterly along the southeasterly line thereof 326.15 feet; thence deflecting
right 90 degrees a distance of 80 feet to the paint of beginning of the property being described:
thence northerly to a point on the north line of said Lot 112 distant 300.35 feet west of the
northeast corner thereof; thence west along the north lines of said Lots 112 and 111 to an iron
monument on the north line of said Lot 111, distant 550.5 feet west from the northeast comer of
said Lot 112; thence southeasterly 265 feet on a line which 'rf extended would intersect the
southeasterly line of said Lot 112 at an iron monument 131.5 feet northeasterly from the
southeasterly corner thereof; thence easterly to the point of beginning according to the plat
thereof on file and of record in the Office of County Recorder, Hennepin County, Minnesota.
The above land parcel description is taken from Excelsior Title (Commonwealth Land Title
Insurance Company Commitment Number BEUTEL 5875).
Exhibit A
PRPSE® LAN® PARCEL NEV11~A
Those parts of Lots 111 and 112, Auditor's Subdivision No,120, described follows: Beginning at the
northeast corner of said Lot 112; thence southwesterly along the southeasterly line thereof,
assumed bearing of S 40°10'23" W, a distance of 326.15 feet to an iron monument; thence
deflecting right 90 degrees a distance of 80 feet to an iron monument; thence S 74 °26'58" W a
distance of 82.97 feet to an iron monument; thence N 10 °12'56" W a distance of 159.31 feet to an
iron monument; thence N 69 °54'38" W a distance of 181.85 feet to an iron monument on the north
line of said lot 111, distant 550.5 feet west from said northeast comer of Lot 112; thence East
along the north lines of said Lots 111 and 112, a distance of 250.24 feet to an iron monument;
thence East along the north line of said Lot 112, a distance of 300.35 feet to said point of beginning.
PR®P~SE® LAN® PARCEL NE1W®E
Those parts of Lots 111 and 112, Auditor's Subdivision No.120, described follows: Commencing
at the northeast corner of said Lot 112; thence southwesterly along the southeasterly line thereof,
assumed bearing of 5 40°10'23" W, a distance of 326.15 feet to an iron monument; thence
deflecting right 90 degrees a distance of 80 feet to an iron monument; thence S 74 °26'58" W a
distance of 82.97 feet to an iron monument, which is the point of beginning of the land to be
described; thence N 10°12'56" W a distance of 159.31 feet to an iron monument; thence N 69 °
54'38" W a distance of 181.85 feet to an iron monument on the north line of said Lot 111, distant
550.5 feet west from said northeast comer of Lot 112; thence S 12 °20'41" E a distance of
265.00 feet along a line drawn from said iron monument on said north line of said Lot 111 to a
point on the southeasterly line of said Lot 112, said point lies N 40 ° 10'23" E a distance of 131.50
feet from the southeast corner of said Lot 112; thence N 74 °26'58" E a distance of 147.80 feet to
an iron monument, which is said paint of beginning.
EX171b1t B
DRAINAGE AND UTILITY EASEMENT FOR PARCEL A:
An Easement for drainage and utility purposes over and across Parcel New-A
described as follows: drainage and utility easements across Parcel New-A,
said easement being 5 feet wide and adjoining the most westerly land
boundaries thereof and being 10 feet wide and adjoining the northerly,
southeasterly and most southerly land boundaries thereof.
Exhibit C
DRAINAGE AND UTILITY EASEMENT FOR PARCEL B:
An Easement for drainage and utility purposes over and across Parcel New-B
described as follows: drainage and utility easements across Parcel New-B,
said easements being 5 feet wide and adjoining the northeasterly and
easterly land boundaries thereof, and being 10 feet wide and adjoining the
southerly and westerly land boundaries thereof.
Exhibit D
Easement of Ingress and Egress
Section 1. Declaration of Easement of Ingress and Egress
An easement of ingress and egress in, over, and across Parcel New-A is hereby
created for the non-exclusive benefit of Parcel New-B of the Subject Property. Said
Easement of Ingress and Egress in and over and across Parcel New-A for the benefit
of Parcel New-B is legally described as follows: a driveway easement I5 feet wide
across that part of Lot 111, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, whose centerline is described as follows: beginning at a point on the
north line of said Lot 111, distant 486.73 feet westerly from the northeast corner of
Lot 112 in said Auditor's Subdivision No. 120, said north line bears east; thence
south 76°5I'34" east, a distance of 41.39 feet; thence south 67°02'39" east, a
distance of 32.36 feet; thence south 57°47'29" east, a distance of 36.62 feet; thence
south 03°37'34" east, a distance of 19.26 feet to the terminus of said centerline.
Said easement of ingress and egress is for the purpose of Lot New-B accessing
public right-of--way denominated as Division Street.
Section 2. Maintenance of Easement of Ingress and Egress
The owners of Parcel New-A and Parcel New-B shall act together collectively to
manage, repair and maintain the driveway surface over and across the Easement of
Ingress and Egress over and across Parcel New-A in favor of Parcel New-B. Repair
and maintenance shall include, but not be limited to, grading, paving, blacktop
installation, blacktop repair, and replacement, and snow and ice removal. Repairs
and maintenance shall include management of drainage issues over. and across the
driveway easement including the redirection anal management of water and rainfall
so as to prevent erosion and deterioration of the driving surface upon the driveway
easement. The owners of Parcel New-A and Parcel New-B shall consult and select a
single snow and ice removal service provider, and, when necessary, a single paving
company for the repairs, patching, and/or reconstruction of the driveway surface.
The owners of Parcel New-A and Parcel New-B shall be equally responsible for all
expenses associated with snow and ice removal contracts or any driveway
maintenance, blacktop, repair, patching and/or reconstruction contract. The owner
of Parcel New-A shall be responsible for one-half of said costs; the owner of Parcel
New-B shall be responsible for one-half of said costs.
No improvements or repairs to the driveway surface, underlayment and sand and
gravel base of the Easement for Ingress and Egress shall be performed by either
property owner without the consent of the other first obtained. Neither the owner of
Parcel New-A nor the owner of Parcel New-B, their successors or assigns may
unreasonably withhold consent to repairs, maintenance, and/or improvements to
said driveway.
Exhibit E
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\\ \ 6561 'll ~agwa7da5 do swnH e6~oag ~o~ Ran~ns J°°auid sod Exhibit F
auawasoa .CnA1a~UP ,OZ 1 17 3
DECLARATION OF COVENANTS, RESTRICTIONS, AND CONDITIONS
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This Declaration is made this ~ day of i"'f , 20 D~ by
THOMAS W. ILSTRUP and LINDA R. ILSTRUP, f/k/a inda Beutel (hereinafter
"Declarant").
RECITALS
1. Declarant is the fee owner of real property located in Hennepin County,
Minnesota, legally described as follows:
Parcel A legally described in Exhibit A.
Parcel B legally described in Exhibit B.
(Hereinafter collectively the "Subject Property")
2. Declarant has applied to and obtained the approval of the City of Shorewood,
Minnesota for simple subdivision of Parcel B wherein a portion of Parcel B
will be severed and accreted on to Parcel A.
3. In conjunction with said simple subdivision, Parcel B will now be served by a
common driveway easement over and across Parcel A for the benefit of Parcel
B, with the repair and maintenance cost associated with said driveway
easement to be shared between Parcel New-A and Parcel New-B described in
the attached Exhibits C and D.
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DECLARATIONS
NOW, THEREFORE, the Declarant does hereby declare, impose upon, and
make all of the Subject Property subject to the following covenants, conditions,
restrictions, reservations and easements which shall run with the property and
benefit and burden all persons who now, or hereinafter, have any right, title, or
interest in the property;
ARTICLE ONE
Easement of Ingress and Egress
Section 1. Declaration of Easement of Ingress and Egress
An easement of ingress and egress in, over, and across Parcel New-A is hereby
created for the non-exclusive benefit of Parcel New-B of the Subject Property. Said
Easement of Ingress and Egress in and over and across Parcel New-A for the benefit
of Parcel New-B is legally described as follows: a driveway easement 15 feet wide
across that part of Lot 111, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, whose centerline is described as follows: beginning at a point on the
north line of said Lot 111, distant 486.73 feet westerly from the northeast corner of
Lot 112 in said Auditor's Subdivision No. 120, said north line bears east; thence
south 76°51'34" east, a distance of 41.39 feet; thence south 67°02'39" east, a
distance of 32.36 feet; thence south 57°47'29" east, a distance of 36.62 feet; thence
south 03°37'34" east, a distance of 19.26 feet to the terminus of said centerline.
Said easement of ingress and egress is for the purpose of Lot New-B accessing
public right-of--way denominated as Division Street.
Section 2. Maintenance of Easement of Ingress and Egress
The owners of Parcel New-A and Parcel New-B shall act together collectively to
manage, repair and maintain the driveway surface over and across the Easement of
Ingress and Egress over and across Parcel New-A in favor of Parcel New-B. Repair
and maintenance shall include, but not be limited to, grading, paving, blacktop
installation, blacktop repair, and replacement, and snow and ice removal. Repairs
and maintenance shall include management of drainage issues over and across the
driveway easement including the redirection and management of water and rainfall
so as to prevent erosion and deterioration of the driving surface upon the driveway
easement. The owners of Parcel New-A and Parcel New-B shall consult and select a
single snow and ice removal service provider, and, when necessary, a single paving
company for the repairs, patching, and/or reconstruction of the driveway surface.
The owners of Parcel New-A and Parcel New-B shall be equally responsible for alI
-2-
expenses associated with snow and ice removal contracts or any driveway
maintenance, blacktop, repair, patching and/or reconstruction contract. The owner
of Parcel New-A shall be responsible for one-half of said costs; the owner of Parcel
New-B shall be responsible for one-half of said costs.
No improvements or repairs to the driveway surface, underlayment and sand and
gravel base of the Easement for Ingress and Egress shall be performed by either
property owner without the consent of the other first obtained. Neither the owner of
Parcel New-A nor the owner of Parcel New-B, their successors or assigns may
unreasonably withhold consent to repairs, maintenance, and/or improvements to
said driveway.
ARTICLE TWO
Utility Easements
Section 1. Declaration of Utility Easement for benefit in the City of Shorewood,
Minnesota.
A. An Easement for drainage and utility purposes over and across Parcel New-A
described as follows: drainage and utility easements across Parcel New-A,
said easement being 5 feet wide and adjoining the most westerly land
boundaries thereof and being 10 feet wide and adjoining the northerly,
southeasterly and most southerly land boundaries thereof.
B. An Easement for drainage and utility purposes over and across Parcel New-B
described as follows: drainage and utility easements across Parcel New-B,
said easements being 5 feet wide and adjoining the northeasterly and
easterly land boundaries thereof, and being IO feet wide and adjoining the
southerly and westerly land boundaries thereof.
ARTICLE THREE
Missing Easements of Ingress and Egress
Section 1. Existing Easement of Ingress and Egress
The subject property is burdened by the following existing easements.
A. Sanitary sewer easement. A 15 feet wide sanitary sewer easement lying
within that part of Lots 111 and I12, Auditor's Subdivision No. 120,
Hennepin County, Minnesota, in Section 35, Township 117, Range 23,
described as follows: commencing at the northeast corner of Lot 112; thence
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southerly along the easterly line thereof 672 feet, more or less, to an. iron
monument, which monument is 131.5 feet northeasterly along said line of
southeasterly corner of said Lot 112; thence northwesterly 522 feet to an iron
monument on the north line of Lot 111, distant 550.5 feet west from said
northeast corner of Lot 112; thence east 550.5 feet to said northeast corner;
EXCEPT that part of Lot 112, Auditor's Subdivision 120 described as
beginning at the northeast corner of said Lot 112; thence southwesterly along
the southeasterly line thereof 326.15 feet; thence deflecting right 90°, a
distance of 80 feet; thence northerly to a point on the north line of said Lot
112 distant, 300.35 feet west of the northeast corner thereof; thence east to
the point of beginning. The above sanitary sewer easement is inferred from a
Quit Claim Deed dated July 26, 1972 and filed as document No. 3996718 in
Hennepin County, Minnesota.
ARTICLE FOUR
Administrative Provisions
Section 1. Duration.
This declaration shall remain in full force and effect indefinitely. The termination
of this Declaration, or any part of this Declaration, shall have no impact upon the
easements granted, even though said easements may be mentioned in this
Declaration directly or indirectly by reference and exhibit.
Section 2. Severability.
Invalidation of any one or more provisions herein 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.
Section 3. Motive Enforcement.
The declarants or any owner of any portion of the subject property, including future
owners, successors, and assigns of Parcel New-A or Parcel New-B have the right to
enforce the provisions of this Declaration by proceedings in law to recover damages
or by proceedings in equity to restrain any violation or otherwise enforce the terms
of the declaration.
Section 4. Amendment and Termination.
This declaration may be amended or terminated only by an instrument executed by
all of the following persons:
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a. The owners of Parcel New-A and Parcel New-B; and
b. The declarants, so long as the declarants are the owner of record of any
of the subject property; and
c. The City of Shorewood, Minnesota.
Any amendment or termination instrument need not be executed by any other
person holding an interest in the property, including Mortgagees.
Section 5. Captions.
The title of this instrument and the captions of the articles and sections of this
declaration are for convenience or reference only.
IN WITNESS WHEREOF, the Declarants and owners have executed this
declaration as of the day and year first above written.
DECLARANT:
Thomas W. Ilstrup
,~
nda R. I1 rup fJk/a Lin a eutel
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
f~.
The foregoing instrument was acknowledged before me this ~ day of
~~~.V~ L~ , 20~%~ , by THOMAS W. ILSTRUP and LINDA R.
ILSTRUP f/k/a Linda Beutel, husand and wife.
(Seal)
CONSENT
Relative to 5875 Division Street, Excelsior, Minnesota 55331
Mortgage Electronic Registration Systems, Inc., Mortgagee of the subject
property, mortgage document dated May 10, 2007, filed of record in the Office of the
County Recorder in and for the County of Hennepin, Minnesota on the 19th day of June,
2007, as Document No. 8995944 to secure $197,760.00 does hereby consent to the
Subdivision described herein and to the Terms and Conditions of the Declaration.
Mortgage Electronic Registration Systems, Inc.
By:
Its: Vice President
STATE OF MARYLAND )
ss.
COUNTY OF FREDERICK )
The foregoing instrument was acknowledged before me O1 this April 2008,
by Lorna L. Slau hg ter _, the Vice President of Mortgage Electronic Registration
Systems, Inc., corporation under the laws of Delaware on behalf of the Company.
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L ~,';. PUBLIC ~?:
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My Comm. Exp.08/29/2(110
THIS DOCUMENT PREPARED BY:
Wells Fargo Home Mortgage
8480 Stagecoach Circle
Frederick, MD 21701
LAND PARCEL A SURVEYED
All that part of Lot 112, Auditor's Subdivision Number One Hundred and Twerrty, Hennepin County,
Minnesota, described as follows: Beginning at the northeast corner of said Lot 112; thence
souttnvesterly abng the southeasterly line thereof 326.15 feet; thence deflecting right 90 degrees, a
distance of 80 feet: thence northerly to a point on the north {ine of said Lot 112 distant 340.35 feet
west of the northeast corner thereof; thence east to the point of beginning.
Together with an easement over the north 20 feet measured parallel with the north 6ne, all that part
of Lots 111 and i 12, Auditors Subdivision Number One Hundred arxi Twenty, Hennepin County,
Minnesota, lying westerly of the above described property and easterly of a Gne described as
follows: Beginning at an iron monument on the southeasterty Gne of said Lot 112, distant 131.5 feet
northeasterfy along said line of the southeasterly comer of said Lot 112; thence northwesterly 522
feet to an iron monument on the north line of said Lot 111, distant 550.5 feet west from the
northeast corner of said Lot 112, and there ending.
NOTES The above (and parcel description is taken from Excelsior Title (Commonwealth Land Title
Insurance Company Commitment Number BEUTEL 5875). The above easement is according to plat
of survey for George Harris, September 11, 1959 prepared by G. Coffin. Easements, if any,
affecting the Land parcel surveyed by usage, of public record, or otherwise indicated on any plat or
map were not reviewed and are omitted, unless otherwise indicated. '
EXHIBIT A
LAND PARCEL B SURVEYED
A>i that part of Lots 111 and 112, Auditor's Subdivision Number One Hundred and Twenty,
Hennepin County, Mirnesota, desaibed as foGaws: Commenting at the northeast corner of said
lot 112; thence southwesterly abng the southeasterly Gne thereof 326.15 feet; thence deflecting
right 90 degrees a distance of 80 feet to the paint of beginning of the property bethg described:
thence northerly to a print on the north line of said Lot 112 distant 300.35 feet west of the
northeast corner thereof; thence west along the north lines of said Lots 112 and 111 to an iron
monument on the north Gne of said Lot 111, distant 550.5 feet west fran the northeast comer of
said Lot 112; thence southeasterty 265 feet on a Gne which 'rf extended would intersect the
southeasterly lore of said Lot 112 at an iron monument 131.5 feet northeasterly from the
southeastery comer thereof; thence easterly to the point of beginning according to the plat
thereof on file rind of record in the Office of County Recorder, Hennepin County, Minnesota.
The above land parcel description is taken from Excelsior Title (Comrrrorrweattlr Land Title
Insurance Company Commitment Number BEUTEL 5875).
SUBJECT TO A 15 feet wide sanitary sewer easement lying within that part of Lots 111 and 112,
Auditor's Subdivision No.120, Hennepin County, Minnesota, in Section 35, Township 117, Range
23, described as foGows: Commenting at the northeast comer of Lot 112; thence southerly along
the easterly Gne thereof 672 feet more or less to an iron monument, which monument is 131.5 feet
northeasterly abng said line of southeasterly comer of said Lot 112; thence northwesterly 522
feet [o an gorr monument on the north Gne of Lot 111, distant 550.5 feet west from said northeast
comer of Lot 112; thence east 550.5 feet to said northeast corner, EXCEPT that part of Lot 112,
Auditor's Subdivision No.120 described as beginning at the northeast corner of said Lot 112;
thence southwesterly along the southeasterly Gne thereof 326.15 feet; thence deflec>;ng right 90
degrees a distance of 80 feet; thence northerly to a point on the north Gne of said Lot 112 distant
300.35 feet west of the northeast c~rrrer thereof; thence east to file point of beginning. The
above sanitary sewer easement is inferred from a QUff CLAIM DEED dated Jufy 26,1972 and
filed as Document No.3996718 in Hennepin County, Minnesota
SUBJECT TO easement for driveway purpose over the north 20 feet of Lot 111 (arxading to plat
of survey for George Harris, September 11, 1959 prepared by G. Coffin and according to Exaekvor
Trtie -see Commonwealth Land True Insurance Company Commiment Number BEUTEL 5875).
SUBJECT TO easement for driveway purpose over the westerly 20 feet thereof (accardng to plat
of survey for George Hams, September 11,1959 prepared by G. Coffer and inferred from
Excelsior Trtle -see Commonwealth Land Title Insurance Company Commiment Number BEUTEL
5875).
Easements, if arty, affecting the land parcel surveyed by usage, of public record, or othervvise
indicated on any plat or map were not reviewed and are orrirtted, urtless otherwise irxlicated.
EXHIBIT
PROPOSED LAND PARCEL NEW-A
Thane parts of Lots 111 and 112, Auditor's Subdvision No.120, described fdlorvs: Beginning at the
northeast corner of said Lot 112; thence southwesterty abng the southeasterly line thereof,
assumed bearing of S 40'1023' W, a distance of 326.15 feet to an iron monument; thence
deflecting right 90 degrees a distance of 80 feet m an iron monument; thence S 74 °26'58' W a
distance of 8297 feet to an con monument; thence N 10 '12'56' W a distance of 159.31 feet to an
iron monument; thence N 69 °54'38` W a distance of 181.85 feet to an iron monument on the north
line of said tit 111, distant 550.5 feet west from said northeast corner of Lot 112; thence East
abng the north lines of said Lois 111 and 112, a distance of 25024 feet to an iron monument;
thence East abng the north fine of said Lot 112, a distance of 300.35 feet to said point of beginning.
SUBJECT TO drainage and utility easements across said described land, said easements being 5
feet wide and adjoining the most westerty land boundaries then:crf, and'txxing 10 feet wide and
adjoining the northerly, southeasterly and rrast southerfy land bourKiaries ttrereof.
SUBJECT TO PROPOSED DRNEWAY EASEMENT BENEFTTTING PARCEL NEW-8
A driveway easement 15 feet wide across that part of Lot 111, Auditotls Subdivision No.120,
Hennepin Cormty, Minnesota, whose centsriine is descnibed as fotlows: Beginning at a point on the
north line of said Lot 111 distant 486.73 feet westerly from the northeast corner of Lot 112 in said
Auditols Srrbdrvision No.120, said north 6ne bears Eask thence South 76 degrees 51 minutes 34
seconds East a distance of 41.39 feet; thence South 67 degrees 02 minutes 39 seconds East a
distance of 3236 feet; therx:e South 57 degn~es 47 minutes 29 seconds East a distance of 36.62
feet; thence South 03 degrees 37 minutes 34 seconds East a distance of 1926 feet to the
tenninous of said centerline.
TOGETHER W1TH an easement for driveway purpose wer the north 20 feet of Lot 111 (acxord'mg
to plat of survey for George Harris, September 11, 1959 prepared by G. Coffin and accordng to
E~elsior T'rtie -see Comrranvveatth Land TPtie insurance Comparry Comrrritrnent Number BEI.JTEL
5875}
NOTES Driveway access to DMSION STREET' for PROPOSED LAND PARCEL NEW,A. appears
to be over land lying north of and adjoining Lot 111, Auditors Subdrvision Number One Hurxtred acrd
Twenty. Easements, if any, for driveway access as suctr have not been provided to Cardarelle for
review at this time. Easerrrents, if arty, affecting the tarrd parcel surveyed by usage, of public record,
or otherwise indicated on arty plat a map werE not renewed and are omitted, rmtess otherwise
indiQted.
EXHIBIT~_
PROPOSED LAND PARCEL NEW-B
Ttxise parts of Lots 111 and 112, Audik~r's Subdivision No.120, desrn'bed follows CarutrencvxJ
at the rxirtheast comer of said Lot 112; thence southwestedy along the southeasterly lure thereof,
assumed bearing of S 4D'10'23' W, a distance of 326.15 feet to an iron morrumenk thence
deflecting right 90 degrees a distance of 80 feet to an iron marumenk thence S 74 '26'58' W a
distance of 8297 feet la an iron monument, whic~t is the poBrt of beginning of the land to be
described; thence N 10'12'56' W a distance of 159.31 feet to an itm rrarncnenk thence N 69 '
54'38' W a dstarxe of 181.85 feet tD an iron mornunent on the north line of said Lot i11, distant
550.5 feet west from said northeast corner of Lot 112; thence S 1Z '217'41' E a distance of
265.Q0 feet abng a Gne drawn from said iron aronianent on said rrortti fne of saki Let 111 to a
point on the souttieasterty file of said Lot 112, said point Ges N 40 'i0'23' E a d'rsiar>ce of i3i.50
feet from the southeast comer of said lot 112: thence N 74 '26'58' E a distance of 147.80 feet to
an inxr rrrorttarierrt, which is said point of beginning.
TOGETHER WffH PROPOSED DRNEWAY EASE11F2~tT BENEFiTT'?iG PARCEL NEW$
A drfveway easement 15 feet wide across that part of Lot 111, Audrtds SubdrvLsion Nat20,
Hennepin County, Mirnesota, whose centeriiie is described as fo8aws= Begrtur"¢rg at a point on
the north 1'me of said Lot 111 drstarit 486.73 feet westerly from the northeast. corner of Lott 12 m
said Auditor's Subdivision No.t20, said north 1'me bears Erik thecae South 76 degrees 51
mnwtes 34 seconds East a distance of 41.39 feel; thence South 67 degrees 02 mnutes 39
seconds East a distance of 3236 feek thence South 57 degmes 47 niinttes 29 seconds East a
drstance of 36.62 Feek thence South 03 degrees 37 minutes 34 seconds East a d'rsfarice of 1926
feet to the terminovs of said centerline.
SUB.iECT TO A 15 feet wide sanitary sewer easement lying within that part of Lots 111 and 112,
AudZr or's Subdvision No.120, Hennepin Gormty, h9rxresota, in Section 35, Townstrip t 17, Rarx~e
23, descr~3zed as foGows: Commenting at the northeast oomer of Lot 112; thence southerly alaig
the easthdy fine thereof 672 feet more or less to an iron monument, whidi monument is 131.5 feet
northeasterly abng said fine of southeasterly comer of said Lot 112; thence ~ 571
feet io an iron monument on the north Gne ~ Lot 111, dstant 550.5 feet west from said nodheast
caner of Lot 112; thecae east 550.5 feet to said northeast comer; EXCEPT that part of Lot 1 t2,
Auditcls Sr~drvision Na.120 described as beginning at the rarttreast caber of said L~R 112;
thence souttivresterly along the southeastedy Gne thereof 326.15 leek tlierice def{ec~rig right 90
degrees a distance of 80 leek thence northeaty th a print on the north fine of said Lot 112 d~arit
300.35 feet west of the nodtteast corner thereof; thence east to the point of begirating_ The
above sanitary sewer easement is inferred from a QUIT CLAIM GEED dated July 26, 1972 and
filed as Docrrment No.3996718 m Hennepin County, Muviesota.
SUBJECT TO drainage and utility easemerrts across said described land, said easements being
being 5 feet wide and adjoining the nontheasferfy and easterly land boundaries thereof, and tieing
10 feet wide and adjoiniig the southerly and nesterfy land bouundaries thgeof.
SUBJECT TO easement for driveway purpose over the westerly 20 feet thereo((accordirg to plat
of survey to George Hams. September 11, .1959 prepared try G. Coffin and 'viferred from
E~etsicc Title -see Comrrrorrweatth Land Title Insurance Company Cort>rritrrierit Number BEUTEL
5875)_
SUBJECT TO easement for driveway purpose over the north 20 feet of Lott 1 t (accad'uiy fo plat
of suvey fa George Harris, September 11, 1959 prepared b7' G. Coffer and accorr5ng to Excelsior
1-rtie -see Connmosiwealttt Land Title Insurance Comparry Commitment Number BELtfEt 5875
*`EL1t~lINATiON OF THtS EASEMENT SHOULD BE CONSIDERED`'
NOTES Driveway access to DMSION STREET for PROPOSED LAND PARCEL NEW~B
`y appears to be over land lying north of and adpining Let 111, Auditor's Subdivision Number One
~~/ t~ Hundred and Twenty. Easenientz, 'rf airy, for driveway access as such have rat tieeni pnr~ded th
GAH 1 B IT ~ review at this tine. Easements,rf airy, affecting the land pzrce! suveyed by usage.
of pub&c record, or atf>erwise iic5rated on arty plat a map were rat revieved arxf ors omitted,
unless otherwise mdicated_