05-107CITY OF SHOREWOOD
RESOLUTION NO. o5-lU7
A RESOLUTION APPROVING A SUBDIVISION OF ATWO-FAMILY DWELLING
FOR lOSPRING HOMES, INC.
WHEREAS, lOSpring Homes, Inc. (Applicant) has an interest in certain real properties
in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as Lot 3
and Lot 4, Block 1, St. Albans Bay Estates Second Addition (the Base Lots), Hennepin County,
Mimnesota; and
WHEREAS, the Applicant has applied to the City for a subdivision of said real
properties into four parcels legally described as Proposed Parcels A-D in Exhibit A (the Unit
Lots), attached hereto and made a part hereof; and
WHEREAS, the Applicant has prepared a "Declaration of Party Wall and Privacy Fence
Easement and Declaration of Covenants for Maintenance" for each of the newly created lots,
attached as Exhibits B and C, which is to be recorded herewith and become a restriction on the
above-described properties; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The real properties legally described above be divided into four parcels, legally
described in Exhibits A.
2. The City Clerk shall funush the Applicant with a certified copy of this resolution
for recording purposes.
3. The Applicant record this resolution, together with the Declaration(s) of Party
Wall and Privacy Fence Easement and Declaration of Covenants for Maintenance, attached
hereto and made a part hereof as Exhibits B and C, 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 ~.HOREWOOD this 12th day of
December, 2005. ,~' \,
WOODY LOVE, MAYOR
ATTEST:
.~
F~~
CRAIG ', /AVV~ON, CITY ADMINISTRATOR/CLERK
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... ~ D O D O I
A
Exhibit A
DECLARATION OF
PARTY WALL AND PRIVACY
FENCE EASEMENT AND
DECLARATION OF COVENANTS
FOR MAINTENANCE
'~
l~'p~ ~ ~ ~®fl5
DECLARATION OF PARTY WALL AND PRIVACY FENCE EASEMENT AND
DECLARATION OF COVENANTS FOR MAINTENANCE ("Declaration") made and
entered into this ~~'% day of w~a~ ~ h^~ u~.t~. , 2005, by 10Spring Homes, Inc., a
Minnesota corporation, ("Declarant"), of Carver County, State of Minnesota.
RECITALS
WHEREAS, Declarant is the fee owner of real property known as (street
address), MN and legally described as:
PROPOSED LEGAL DESCRIPTION PARCEL A
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described line:
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lot 3 and there terminating.
and the fee owners of the real property known as (street address), MN and
legally described as:
PROPOSED LEGAL DESCRIPTION PARCELS
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described fine:
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lat 3 and there terminating.
(the "Lots")
Easement Page 1 of 5 EXhlblt
71226.b98
WHEREAS, the above referenced Lots are adjoining.
WHEREAS, a residential twinhome has been constructed on each of the Lots
and said twinhomes contain a party wall on the common lot line dividing the two Lots.
WHEREAS, a privacy fence has been constructed on the common lot line
dividing the two Lots.
WHEREAS, the Declarant desires to create anon-exclusive easement for
maintenance, repair and replacement of the twinhome party wall and the privacy fence
in, on, under, over and across those parts of the respective Lots on which the party wall
and the privacy fence are located.
WHEREAS, the Declarant desires to establish covenants for maintenance, repair
and replacement of the twinhome party wall and the privacy fence and the obligation for
payment of the expenses related thereto.
NOW, THEREFORE, the Declarant, by this Declaration, for itself, its heirs,
successors and assigns, hereby imposes a nonexclusive easement on the Lots as
follows:
DECLARATION OF PARTY WALL EASEMENT AND PRIVACY FENCE
Declarant, for itself, its heirs, successors and assigns, hereby
imposes a nonexclusive easement for use, maintenance,
repair and replacement of the twinhome party wall and
privacy fence in, on, under, over and across those parts of
the lot on which the twinhome party wall and privacy fence
are located on:
PROPOSED LEGAL DESCRIPTION PARCEL A
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described line:
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lot 3 and there terminating.
for the use and benefit of:
PROPOSED LEGAL DESCRIPTION PARCEL B
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described line:
Easement Page 2 of 5
71226.b98
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lot 3 and there terminating.
Declarant, for itself, its heirs, successors and assigns, hereby
imposes a nonexclusive easement for use, maintenance,
repair and replacement of the twinhome party wall and
privacy fence in, on, under, over and across those parts of
the lot on which the twinhome party wall and privacy fence
are located on:
PROPOSED LEGAL DESCRIPTION PARCEL B
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described line:
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lot 3 and there terminating.
for the use and benefit of:
PROPOSED LEGAL DESCRIPTION PARCEL A
That part of Lot 3, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described line:
Commencing at the northwest corner of said Lot 3; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 52.50 feet to the point of beginning of the line to be
described; thence South 20 degrees 51 minutes 18 seconds East 247.33 feet
to the south line of said Lot 3 and there terminating.
FURTHERMORE, the Declarant, for itself, its heirs, successors and assigns
hereby subjects the Lots to the following covenants:
DECLARATION OF COVENANTS FOR MAINTENANCE
1. That said Declarant does hereby acknowledge the existence of said twinhome
party wall and privacy fence and the obligation to maintain, repair and replace, if
necessary, the twinhome party wall and privacy fence.
2. The term "Owners" as used herein shall include fee owners of the Lots.
Easement Page 3 of 5
71226.b98
3. The covenants herein shall be appurtenant to and shall run with the land and
shall be binding on and inure to the benefit of the Owners, their heirs, personal
representatives, successors and assigns.
4. That the Owners hereby assume and agree to pay equal (1/2} shares of the
costs of maintaining, repairing and replacing, if necessary, the twinhome party wall and
privacy fence in good working order and so as to fully comply with all applicable laws
and ordinances. Owners shall consent and agree in writing before the commencement
of any maintenance, repairs or replacements.
5. Each respective Owner's share of costs shall be due and payable on the date
such cost for maintenance, repair or replacement is due and payable to the person or
entity rendering an account therefor. An Owner's share of costs shall bear interest at a
rate of eight (8%) per cent per annum if not paid when due.
6. In the event of a dispute between the Owners concerning the party wall or
privacy fence, and if the same is not resolved within thirty (30) days of the event
causing the dispute, the matter shall be submitted to binding arbitration under the rules
of the American Arbitration Association, upon the written demand of either Owner. The
fees of the arbitrator shall be shared equally by the parties, but each party shall pay its
own attorney fees or other costs to prove its case. The prevailing party in any dispute
to enforce or interpret this agreement shall be entitled to reasonable attorney's fees.
7. No Owner may exempt himself or herself from the liability for payment of the
foregoing costs by waiver of the use or enjoyment of the party walls or by the
abandonment of his or her lot.
8. The Owners hereby covenant with each other and each future Owner, who by
acceptance of a deed therefor whether or not it shall be so expressed in such
conveyance shall be and hereby is deemed to covenant with the then Owners of the
Lots, that such Owner shall pay promptly when due such Owner's proportionate (1/2)
share of the costs described herein. The costs described herein shall be a personal
obligation of the person or persons who are the Owners of such lot at the time when
such costs are incurred.
Easement Page 4 of 5
71226.b98
- 9. There may be no amendment to or release of the terms of this Declaration of
Party Wal[ and Privacy Fence Easement and Declaration of Covenants for Maintenance
without the prior written consent of the then Owners of the Lots.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
executed this ~`~day of c~~eu~t~-~~~R.. , 2005.
10Spring Homes, Inc.
~ ~~~~~
Scott R. Rosenlund ~
Its President
STATE OF MINNESOTA )
)ss.
COUNTY OF C~,~..t'VQ-1'' )
On this 3b}'=' day of ~l~ V~Th1-~~~ , 2005, before me, a notary public within
and for said county, personally appeared Scott R. Rosenlund, to me personally known,
who, being duly sworn did say that he is the president of the corporation named in the
foregoing instrument and that said instrument was signed on behalf of said corporation
by the authority of its Board of Directors and said Scott R. Rosenlund acknowledged
said instrument to be the free act and deed of said corporation.
k~~l~
Notary Public _~ ~-on~~A ARSON
' NCTAP.v ?UQLIC - PAINPIESCTA
~sr Nh/+;Of;Irili:; rn F; Aires Jan. 31, 2047 ,
.~+Sh~ri:4~h>•c>~..,...:ory.~fiY'v~M`w:a4l~E~"~A~
This instrument was drafted by:
Gregory A. Lang #59894
5101 Thimsen Avenue
Minnetonka MN 55345
(952) 470-6361
71226.b98
Easement Page 5 of 5
71226.b98
~ ~°
~~
PARTY WALL ATND PRIVACY ~~ ~bt~~ ~ Z~~~
FENCE EASEMENT AND ,~8~~~ .
DECLARATION OF COVENANTS ~°~~ ~~~
FOR MAINTENANCE ~~
DECLARATION OF PARTY WALL AND PRIVACY FENCE EASEMENT AND
DECLARATION OF COVENANTS FOR MAINTENANCE ("Declaration") made and
entered into this ~~' day of ~tUi~~t-t~<.~-tom _, 2005 by 10Spring Homes, Inc., a
Minnesota corporation, ("Declarant"), of Carver County, State of Minnesota.
RECITALS
WHEREAS, Declarant is the fee owner of real property known as (street
address), MN and legally described as:
PROPOSED LEGAL DESCRIPTION PARCEL C
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described line:
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
and the fee owners of the real property known as (street address), MN and
legally described as:
.PROPOSED LEGAL DESCRIPTION PARCEL D
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described line:
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
(the "Lots")
Easement Page 1 of 5 Exhibit C
71226.b98a
WHEREAS, the above referenced Lots are adjoining.
WHEREAS, a residential twinhome has been constructed on each of the Lots
and said twinhomes contain a party wall on the common lot line dividing the two Lots.
WHEREAS, a privacy fence has been constructed on the common lot line
dividing the two Lots.
WHEREAS, the Declarant desires to create anon-exclusive easement for
maintenance, repair and replacement of the twinhome party wall and the privacy fence
in, on, under, over and across those parts of the respective Lots on which the party wall
and the privacy fence are located.
WHEREAS, the Declarant desires to establish covenants for maintenance, repair
and replacement of the twinhome party wall and the privacy fence and the obligation for
payment of the expenses related thereto.
NOW, THEREFORE, the Declarant, by this Declaration, for itself, its heirs,
successors and assigns, hereby imposes a nonexclusive easement on the Lots as
follows:
DECLARATION OF PARTY WALL EASEMENT AND PRIVACY FENCE
Declarant, for itself, its heirs, successors and assigns, hereby
imposes a nonexclusive easement for use, maintenance,
repair and replacement of the twinhome party wall and
privacy fence in, on, under, over and across those parts of
the lot on which the twinhome party wall and privacy fence
are located on:
PROPOSED LEGAL DESCRIPTION PARCEL C
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described line:
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
for the use and benefit of:
PROPOSED LEGAL DESCRIPTION PARCEL D
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described line:
Easement Page 2 of 5
71226.b98a
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
Declarant, for itself, its heirs, successors and assigns, hereby
imposes a nonexclusive easement for use, maintenance,
repair and replacement of the twinhome party wall and
privacy fence in, on, under, over and across those parts of
the lot on which the twinhome party wall and privacy fence
are located on:
PROPOSED LEGAL DESCRIPTION PARCEL D
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying northeasterly of the following described line:
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
for the use and benefit of:
PROPOSED LEGAL DESCRIPTION PARCEL C
That part of Lot 4, Block 1, ST. ALBANS BAY ESTATES SECOND ADDITION,
Hennepin County, Minnesota lying southwesterly of the following described fine:
Commencing at the northwest corner of said Lot 4; thence North 68 degrees
22 minutes 22 seconds East, assumed bearing, along the north line of said Lot
3, a distance of 48.80 feet to the point of beginning of the line to be
described; thence South 30 degrees 56 minutes 52 seconds East 252.12 feet
to the south line of said Lot 4 and there terminating.
FURTHERMORE, the Declarant, for itself, its heirs, successors and assigns
hereby subjects the Lots to the following covenants:
DECLARATION OF COVENANTS FOR MAINTENANCE
1. That said Declarant does hereby acknowledge the existence of said twinhome
party waif and privacy fence and the obligation to maintain, repair and replace, if
necessary, the twinhome party wall and privacy fence.
2. The term "Owners" as used herein shall include fee owners of the Lots.
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71226.b98a
_. 3. The covenants herein shall be appurtenant to and shall run with the land and
shall be binding on and inure to the benefit of the Owners, their heirs, personal
representatives, successors and assigns.
4. That the Owners hereby assume and agree to pay equal (1/2) shares of the
costs of maintaining, repairing and replacing, if necessary, the twinhome party wall and
privacy fence in good working order and so as to fully comply with all applicable laws
and ordinances. Owners shall consent and agree in writing before the commencement
of any maintenance, repairs or replacements.
5. Each respective Owner's share of costs shall be due and payable on the date
such cost for maintenance, repair or replacement is due and payable to the person or
entity rendering an account therefor. An Owner's share of costs shall bear interest at a
rate of eight (8%} per cent per annum if not paid when due.
6. In the event of a dispute between the Owners concerning the party wall or
privacy fence, and if the same is not resolved. within thirty (30) days of the event
causing the dispute, the matter shall be submitted to binding arbitration under the rules
of the American Arbitration Association, upon the written demand of either Owner. The
fees of the arbitrator shall be shared equally by the parties, but each party shall pay its
own attorney fees or other costs to prove its case. The prevailing party in any dispute
to enforce or interpret this agreement shall be entitled to reasonable attorney's fees.
7. No Owner may exempt himself or herself from the liability for payment of the
foregoing costs by waiver of the use or enjoyment of the party walls or by the
abandonment of his or her lot.
8. The Owners hereby covenant with each other and each future Owner, who by
acceptance of a deed therefor whether or not it shall be so expressed in such
conveyance shall be and hereby is deemed to covenant with the then Owners of the
Lots, that such Owner shall pay promptly when due such Owner's proportionate (1/2)
share of the costs described herein. The costs described herein shall be a personal
obligation of the person or persons who are the Owners of such lot at the time when
such costs are incurred.
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71226.b98a
9. There may be no amendment to or release of the terms of this Declaration of
Party Wall and Privacy Fence Easement and Declaration of Covenants for Maintenance
without the prior written consent of the then Owners of the Lots.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
executed this ~~ day of l~~ ~~ ~-~~-~ , 2005.
10Spring Homes, Inc.
Scott R. Rosenlund -°`
Its President
STATE OF MINNESOTA )
)ss.
COUNTY OF (',G.i` V~ ~' )
On this ~ E~~day of i~6V~fY1~~~ , 2005, before me, a notary public within and
for said county, personally appeared Scott R. Rosenlund, to me personally known, who,
being duly sworn did say that he is the president of the corporation named in the
foregoing instrument and that said instrument was signed on behalf of said corporation
by the authority of its Board of Directors and said Scott R. Rosenlund acknowledged
said instrument to be the free act and deed of said corporation.
Cv1
~~,d,-,~~ y .CGL~ ~~
' ~v'".~:.a:?3'.bHk'
Notary ublic ±--:"~~~1 TC~lla LARSOIV
i NOTD,RY?UDLIC-MINNESOTA
My Ccmmission Expires Jan. 31, 2007
This instrument was drafted by:
Gregory A. Lang #59894
5101 Thimsen Avenue
Minnetonka MN 55345
(952) 470-6361
71226.b98a
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