07-083CITY OF SHOREWOOD
RESOLUTION NO. 07'083
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR MIKE McCARTHY
WHEREAS, Mike McCarthy (Applicant) is the owner of certain real
property 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 of said real
property 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 Plamler in a
memorandum, dated 28 November 2007, which report is on file at the Shorewood City
Offices; and
WHEREAS, the Applicant's request was considered by the Plamiing
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 and comments were heard by the
Cotuicil from the City staff.
WHEREAS, the subdivision requested by the Applicants complies i11 all respects
with the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The real property, legally described in Exhibit A, be divided into two
parcels, legally described in Exhibit B, subject to the following conditions:
a. The Applicant must record the drainage and utility easements described in
Exhibits C and D contemporaneously with this resolution.
b. Any construction on Parcel A shall not result in disturbed slopes greater
than 3:1.
2. The City Clerk shall furnish the Applicants with a certified copy of this
resolution for recording purposes.
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3. The Applicant shall record this resolution, together with the drainage and
utility easements legally described in Exhibits C and D 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 December, 2007.
CHRISTINE LIZEE, MAYOR
ATTEST:
~; ~ '" a ~' ~ ~ ~ ~-~~
CRAIG 1~;. llAWSON, CITY ADMINISTRATOR/CLERK
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Leal Description - Existing Parcel
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the St''
Principal Meridian, described as follows: Commencing at a point on the South line of
said Government Lot 4 distant 828.8 feet West of the Southeast corner of said Lot; thence
angle right 38 degrees 45 mimltes a distance of 475.8 feet more or less, to a line parallel
with and 297.85 feet North of the South line of said Lot; thence West and parallel with
said South line to the shore of Christmas Lake; thence Southwesterly on said shore line
the intersection with the South line of said Lot 4; thence East along said South line to the
point of begim~ing.
Exhibit A
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DESCI~TION OP' PROP®SED PARCEL A
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th Principal le/leridian,
described as follows: Cosnassencing at a point on the South line of said Government Lot 4 distant 828.8 feet
West of the Southeast corner of said Lot; thence angle right 38 degrees 45 minutes a distance of 475.8 feet
snore or less, t-o a line parallel with and 297.85 feet North of the South line of said Lot; thence West and
parallel with said South line to the shore of Chistmas Lake; thence Southwesterly on said shore line to the
intersection with the South line of said Lot 4; thence East along said South line to the point of beginning
lying easterly of the following described line:
Commencing at a paint on the South line of said Govea~ment Lot 4 distant 1735.30 feet West of the
Southeast corner of said Lot 4 to the point of beginning of the line to be described, the south line of said
Government L,ot 4 is assumed to bear North. 89 degrees 33 minutes 47 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 1.80.70 feet; thence N®rth 43 degrees 20 minutes 13
seconds East, a distance of 90.90 feet; thence North 51 Degrees 55 minutes 13 seconds East, a distance
of 106.62 feet to said line parallel with and 297.85 feet North of the South lime of said Lot 4, and said
terminating.
DESCRIPTION Ob' PROPOSED PARCEL I3
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th Principal Meridian,
described as follows: Commencing at a point on the South line of said Government Lot 4 distant 828.$ feet
Blest of the Southeast corner of said Lot; thence angle right 38 degrees 45 minutes a distance of 475.8 feet
snore or less, to a line parallel with and 297.85 feet North of the South line of said Lot; thence West and
parallel with said South line t®the shore of Christmas Lake; thence Southwesterly on said shore line the
intersection with the South line of said Lot 4; thence East along said South line to the' point of beginning
lying westerly of the following described line:
Commencing at a point on the South line of said Government Lot 4 distant 1738.30 feet West of the
Southeast cosaser of said Lot 4 to the point of beginning of the line to be described, the south line of said
Government Lot 4 is assumed to beat North 89 degrees 33 minutes 47 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43 degrees 20 minutes 13
seconds East, a distance of 90.90 feet; thence forth 51 Degrees 55 minutes 13 seconds East, a distance
of 106.62 feet to said line parallel with and 297.85 feet North of the South line of said Lot 4, and said
terminating.
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DRAINAGE AND UTILITY EASEMENT
(East Parcel)
This Easement is granted this _ day of January _, 2008, by Michael W. McCarthy
and Kay H. McCarthy, husband and wife ("Grantor") in favor of the City of Shorewood, a
Mimnesota municipal corporation ("Grantee").
WHEREAS, Grantor is the fee owner of certain real property located in Hennepin
County, Minnesota and legally described as follows {"Grantor's Property"):
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at a point on the south line of
said Government Lot 4 distant 828.8 feet west of the southeast coiner of said lot; thence
angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel
with and 297.85 feet north of the south line of said Lot; thence west and parallel with said
south line to the shore of Christmas Lalce; thence southwesterly on said shore line to the
intersection with the south line of said Lot 4; thence east along said south line to the point
of beginning. Lying easterly of the following described line:
Commencing at a point on the south line of said Govei-rument Lot 4 distant
1738.30 feet west of the southeast corner of said Lot 4 being the poilzt of
begimling of the line to be described, the south line of said Govei-mment Lot 4 is
assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43
degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51
Degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel
with and 297.85 feet north of the south line of said Lot 4, where said line
ternlinates.
WHEREAS, Grantor wishes to grant to Grantee anon-exclusive permanent easement for
drainage and utility purposes over and upon a certain portion of Grantor's property.
NOW, THEREFORE, Grantor, in consideration of One Dollar ($1.00) and other good
and valuable consideration received from Grantee, does hereby agree as follows:
1. Grantor hereby grants and conveys unto Grantee, its successors and assigns, a
permanent non-exclusive easement for drainage and utility purposes, including the construction
and maintenance thereof, over that part of Grantor's property described as follows:
A 10.00 foot drainage and utility easement over, under and across the northerly, southerly
and westerly boundary of the following described land:
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at a point on the south line of
said Government Lot 4 distant 825.8 feet west of the southeast corner of said lot: thence
angle right 38 degrees-' S minutes a distance of 47.8 feet more or less, to a line parallel
with and 297.85 feet north of the south line of said Lot; thence west and parallel with said
south line to the shore of Christmas Lake; thence southwesterly oil said shore line to the
intersection with the south line of said Lot 4; thence east along said south line to the point
of begim~ing. Lying easterly of the following described line:
Commencing at a point on the south line of said Govenunent Lot 4 distant
1738.30 feet west of the southeast coiner of said Lot 4 being the point of
beginning of the line to be described, the south line of said Government Lot 4 is
assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43
degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51
Degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel
with and 297.85 feet north of the south line of said Lot 4, where said line
terminates.
Together with a 10.00 foot drainage and utility easement over, under and across the
above described land, which lies northwesterly of the ordinary high water line of Silver
Lake, described as follows:
Commencing at the most southwesterly corner of the above described land;
thence North 89 degrees 50 minutes 13 seconds East, along said south line of the
above described land, 450.11 feet to the point of beginning of the line to be
described; thence North 17 degrees 12 minutes 27 seconds East, 2.10 feet; thence
North 42 degrees 22 minutes 20 seconds East, 133.59 feet; thence North 45
degrees 17 minutes 46 seconds East, 144.57 feet to the north line of the above
described land, where said line terminates {"Easement Area").
Together with the right to construct, install, maintain, repair, use and service facilities for
drainage and utility purposes within the said Easement Area and subject to a driveway
easement as recited in Boolc 1043 Deeds, Page 244 and Boolc 1281 Deeds, Page 255, and
Book 1494 Deeds, Page 30.
2. Grantor hereby reserves unto themselves, and their successors and assigns, the
right to use the Easement Area for other purposes not inconsistent with the rights granted to
Grantee hereunder, including for driveway easement purposes within portions of the Easement
Area as described above.
3. This Agreement shall be construed in accordance with and governed by the laws
of the State of Minnesota.
IN WITNESS WHEREOF, Grantor has caused this Easement to be executed as of the date
first written above.
By:
By:
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
ss.
Michael W. McCarthy
Kay H. McCarthy
The foregoing instrument was acknowledged before me this day of 3anuary, 2008,
by, Michael W. McCarthy and Kay H. McCarthy, husband and wife, Grantor.
Notary Public
This instrument drafted by:
Best & Flanagan LLP
225 South Sixth Street, Suite 4000
Mirmeapolis, MN 55402
(612) 339-7121
(DRT)
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DRAINAGE AND UTILITY EASEMENT
(West Parcel)
This Easement is granted this _ day of January _, 2008, by Michael W. McCarthy
and Kay H. McCarthy, husband and wife ("Grantor") in favor of the City of Shorewood, a
Mimlesota municipal corporation ("Grantee").
WHEREAS, Grantor is the fee owner of certain real property located in Heiulepin
County, Minnesota and legally described as follows ("Grantor's Property"):
That part of Government Lot 4, Section 36, Township 117, Range 23 West of the 5th
Principal Meridian, described as follows: Conunencing at a point on the south line of
said Govenunent Lot 4 distant 828.8 feet west of the southeast corner of said Lot; thence
angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel
with and 297.85 feet north of the south line of said Lot; thence west and parallel with said
south line to the shore of Christmas Lake; thence southwesterly on said shore line the
intersection with the south line of said Lot 4; thence east along said south line to the point
of beginning. Lying westerly of the following described line:
Commencing at a point on the south line of said Govenunent Lot 4 distant
1738.30 feet west of the southeast comer of said Lot 4 being the point of
beginning of the line to be described, the south line of said Government Lot 4 is
assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43
degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51
Degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel
with and 297.85 feet north of the south line of said Lot 4, where said line
terminates.
WHEREAS, Grantor wishes to grant to Grantee anon-exclusive permanent easement for
drainage and utility purposes over and upon a certain portion of Grantor's property.
NOW, THEREFORE, Grantor, in consideration of One Dollar ($1.00) and other good
and vahiable consideration received fiom Grantee, does hereby agree as follows:
1. Grantor hereby grants and conveys unto Grantee, its successors and assigns, a
permanent non-exclusive easement for drainage and utility purposes, including the construction
and maintenance thereof, over that part of Grantor's property described as follows:
A 10.00 foot drainage and utility easement over, under and across the northerly, southerly
and easterly boundary of the following described land:
That part of Government Lot 4, Section 36, Township 117, Prange 23 West of the 5th
Principal 1Vleridian, described as follows: Commencing at a point on the south line of
said Govermzent Lot 4 distant 828.8 feet west of the southeast corner of said Lot; thence
angle right 38 degrees 45 minutes a distance of 475.8 feet more or less, to a line parallel
with and 297.85 feet north of the south line of said Lot; thence west and parallel with said
south line to the shore of Christmas Lalce; thence southwesterly on said shore line the
intersection with the south line of said Lot 4; thence east along said south line to the point
of begimling. Lying westerly of the following described line:
Commencing at a point on the south line of said Government Lot 4 distant
1738.30 feet west of the southeast conger of said Lot 4 being the point of
begimzing of the line to be described, the south line of said Govenument Lot 4 is
assumed to bear South 89 degrees 50 minutes 13 seconds West; thence North 22
degrees 47 minutes 13 seconds East, a distance of 180.70 feet; thence North 43
degrees 20 minutes 13 seconds East, a distance of 90.90 feet; thence North 51
Degrees 55 minutes 13 seconds East, a distance of 106.62 feet to said line parallel
with and 297.85 feet north of the south line of said Lot 4, where said line
terminates.
Together with a 10.00 foot drainage and utility easement over, under and across the
above described land, which lies southeasterly of the ordinary high water line of
Christmas Lake, described as follows:
Commencing at the most southeasterly comer of the above described land; thence
South 89 degrees 50 minutes 13 seconds West, along said south Line of the
above described land, 343.91 feet to the point of beginning of the line to be
described; thence North 22 degrees 23 minutes 26 seconds East, 32.06 feet;
thence North 26 degrees 25 minutes Ol seconds East, 50.97 feet; thence North 18
degrees 23 minutes 47 seconds East, 87.30 feet; thence North 12 degrees 15
minutes 39 seconds East, 55.47 feet; thence North 18 degrees 31 minutes OS
seconds East, 62.87 feet; thence North 24 degrees OS minutes 26 seconds East,
22.98 feet; thence North 18 degrees 42 minutes 37 seconds East, 15.80 feet to the
north line of the above described land, where said line terminates ("Easement
Area").
Together with the right to constititct, install, maintain, repair, use and service facilities for
drainage and utility purposes within the said Easement Area and subject to a driveway
easement as recited in Boolc 1043 Deeds, Page 244 alzd Boolc 1281 Deeds, Page 255, and
Book 1494 Deeds, Page 30.
2. Grantor hereby reserves unto themselves, and their successors and assigns, the
right to use the Easement Area for other purposes not inconsistent with the rights granted to
Grantee hereunder, including for driveway easement purposes within portions of the Easement
Area as described above.
This Easement shall be conshlied in accordance with and governed by the laws of
the State of Minnesota.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be
executed as of the date first written above.
By:
By:
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
ss.
Michael W. McCarthy
Kay H. McCarthy
The foregoing instrument was acknowledged before me this day of January, 2008,
by, Michael W. McCarthy and Kay H. McCarthy, husband and wife, Grantor.
Notary Public
This instrument drafted by:
Best & Flanagan LLP
225 South Sixth Street, Suite 4000
Mimleapolis, MN 55402
(612) 339-7121
(DRT)
000315/450434/675166 3