08-049CITY OF SHOREWOOD
RESOLUTION NO. 08- u49
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF
REAL PROPERTY FOR ANNE AND JACK CARTER
WHEREAS, Anne and Jack Carter (Applicants) have an interest in
certain real properties in the City of Shorewood, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a subdivision of said
real property into two parcels legally described in Exhibits B and C, attached hereto and
made a part hereof; and
WHEREAS, the Applicants have agreed to grant to the City drainage and utility
easements as provided in Exhibits D and E, attached hereto and made a part hereof; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 29 May 2008, a copy of which
is on file at the Shorewood City Hall; and
WHEREAS, the application was reviewed by the Planning Commission at a
regular meeting held on 3 June 2008, the minutes of which meeting are on file at City
Hall; and
WHEREAS, the City Council considered the application at its regular meeting
on 23 June 2008, at which time the Planner's memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the
Council from the Applicants and from the City staff; and
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:
1. The real property legally described in Exhibit A be divided into two
parcels, legally described in Exhibits B and C.
2. The City Clerk shall furnish the Applicants with a certified copy of this
resolution for recording purposes.
3. The Applicants record this resolution, together with the Drainage and
Utility Easements, illustrated in Exhibits D and E, attached hereto, with the Hennepin
County Recorder or Registrar of Titles within thirty (30) days of the date of the
certification of this resolution.
-1-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
23`d day of June 2008.
ATTEST:
. ~ . ~°
_.~
Christine Lizee, Mayor
s N ~
~L wrence A. Brown, Acting City Administrator/Clerk
-2-
PARCEL A Legal Qescr/p~ion
That part of Lot 1, Eureka and Lats 99, 700 and 101 of AUDITOR'S SUBDIVISION
NUMBER•133, Hennepin County, Minnesofo, described as follows:
Commencing at a point on fhe South line of sold Lof 1 distant 68.06 feet Easterly of the
Southwesf corner of soid'Zof 1; thence an an assumed bearing of North 0 degrees 70
minutes 04 seconds Wesf, parallel with fhe Wesf tine of sold Lat 1, a distance. of 620,13
feet; thence South 89• degrees 49 minutes 56 seconds West a disfonce of 56.00 feet;
thence North 0 degrees 70 minuf~s 04 seconds West, a dlstonce of 52.87 feat to a line
dlstanf 25.00 feet Southerly of'measured at right angles to, and paraUe! with fhe
Ngrthwesferiy line of said Lot 93, 100 and 701,- thence South 48 degrees 54 minutes 34
seconds West along said parallel Jine, a disfonce of 95.25 feet to the point of beginning; ,
thence South 47 degrees 07 minutes 58 seconds East; a distance of 17508 feet to v point
'distant491.70 feet North of and ;on o line, , parolle! with the West line of said Lat 1 ~ drawn
North from o point on the South line of sold Lot 7 distoni` 68.00 feef Easterly of fhe
Southwesf corner thereof, thence South 0 degrees 10 minutes 04 seconds Eas#, along said
parolle! /!ne o distance of 143.31 feet;' thence South •89 degrees 4$ minutes 43 seconds
West, a disfonce of 334.07 feet; thence North 0 degrees 11 minufes 17 seconds West, a
distance of 84.20 feet to a tine dlstanf 25.00 feet Southerly of; measured at right angles to,
and parallel with fhe Northwesterly line of sold Lot 99, 100 and 101; thence North 48
degrees 54 minutes 34 seconds Easf 'along said porollet line a distance of 272.81 feet to
the point of beginning.
That Iles Westerly' of the following described tine:
Commencing at a poinfon, the South tine of said Lat 1 distant 68.06 feef Easterly of the'
Southwest tamer of said Lof 1; thence on on assumed bearing of North QO degrees 10
minutes 04 seconds Wesf, porollet with fhe West tine of said Lof 1,' o distance of ,3.48,39
feet; thence South 89 degrees ~ minutes 43 seconds West, a distance of 160.17 feet to
fhe point of beginning of the line to be described; thence North 20 degrees 32 minutes 29
seconds West a distance of 189.57 feet to o line distant 25.00 feet Southerly of, measured
at right angles to, and pora(lel with the Northwesterly line of said Lots 99, 100 and 10i
and said line there Terminating.
Exhibit A
~,aRCtzz e , -~-~ Legal Description
That part of Lat 1, Eureka and Lots 99, -100 and 101 of AUQITOR'S SUBDINSION
NUMBER. 133, Hennepin County, Minnesota, described as follows:
Commencing of a point on the South line of said Lot 1 distant 68.06 feet Easterly of fhe
Southwest corner of said Lot 1; thence on an assumed bearing of North 0 degrees 1D
minutes 04 seconds West, parallel with the West line of said Lot 1, a disfanoe of 620.13
feat; thence. Soufh 89 degrees 49 minutes 56 seconds West a d/stance of 56.00 feef;
thence North 0 degrees 10 minutes 0~ seconds West, a distance of 52.87 feet #o a• line
distant 25.00 feet Southerly of measured' at right angles to and parallel with the
Northwesterly line of said Lot 99, 100 and 101; ,thence Soufh 48 degrees 54 minutes 34
seconds West along said parallel line, a distance of 95.25 feet fo fhe point of beginning;
thence Soufh 47 degrees 07 minutes 59 secartds East, a distance of 175.08 feef to a point
distant 491.70 feef North of and on a line, •poralle! with the Wesf tine of soid Lof 1 •drawn
North from a point on the South line of said Lot 1 distant 68.00 feet Easterly of the
Southwest comer thereof' thence South 0 degrees i0 minutes 04 seconds Easf, along said
parallel line a distance of 74331 feet; (hence South 89 degrees 48 minufes 43 seconds
West, o disfance of 334.07 feet; thence North 0 degrees 11 minutes 17 seconds Wesf:, a
distance of 84.20 feet to a line distant 25.00 feet Southerly of, measured of right angles fo,
and poralle/ with the Northwesterly line of said Lof 99, .700 and 101; (hence North 48
degrees 54 minutes 34 seconds Easf along said poralle! fine a disfance of 272.81 feet to
fhe point of beginning. •
That lies Easterly of the following described line:
Commencing of a point on the South line of soid Lof 1 distant 88.08 feet Easterly of fhe
Southwest comer of said Lot 1; thence on an assumed bearing of North 00 degrees 10
minufes 04 seconds West, parallel with fhe West line of sold Lof 7, o disfance of 348.39.
fee{;• (hence South .89 degrees 48 minutes 43 seconds West, o distance of 160.17 feet to
fhe point of beginning of the line to be described; thence North 20 degrees 32 minutes 29
seconds Wesf; a disfance of 189.57 feet to a line distant 25.00 feet Southerly of, measured
of right angles fa, and parallel with the Northwesterly line of sold Lats 99, 100 and 701
and said line there terminating.
PARCEL A:
That part of Lot 1, EUREKA and Lots 99, 100 and 101 of AUD/TOR'S SUBDMS/ON
NUMBER 133, Hennepin County, Minnesota, described os follows:
Commencing of a point on the South line of said Lot 1 distant 68.00 feet Easterly of the
Southwest comer of said Lot 1; thence on an assumed bearing of North 0 degrees 10
minutes 04 seconds West, parolle/ with the West line of said Lot 1, a distance of 620.13
feet; thence South 89 degrees 49 minutes 56 seconds West a distance of 56.00 feet;
thence North 0 degrees 10 minutes 04 seconds West, a distance of 52.87 feet to a line
distant 25.00 feet Southerly of measured at right angles to and parolle/ with the
Northwesterly line of said Lof 99, 100 and 101 said line is hereinafter referred to as Line
A; thence South 48 degrees 54 minutes 34 seconds Wesf along said parallel line, a
distance of 95.25 feet; thence South 47 degrees 07 minutes 59 seconds East, a distance of
175.08 feet to a point distant 491.70 feet North of and on a line, parallel with the West
Jine of said Lot 1 drawn North from a point on the South line of said Lof 1 distant 68.00
feet Easterly of the Southwest corner thereof; thence South 0 degrees f0 minutes 04
seconds East, along said parolle! line a distance of 143.31 feet; thence South 89 degrees
48 minutes 43 seconds West, o distance of 44.13 feet to the paint of beginning; thence
continue South 89 degrees 48 minutes 4.9 seconds West, o distance of 289.94 fleet; (hence
North 0 degrees 11 minutes 17 seconds West, a distance of 84.21 feet to the intersection
with said Line A; thence North 48 degrees 54 minutes 34 seconds East along said Line A,
a distance of 61.71 feet to the intersection with o line that bears North 63 degrees 03
minutes 57 seconds Wesf from the point of beginning; (hence South 63 degrees 03
minutes 57 seconds Easf, a distance of 273.35 feet to the point of beginning.
Subject to permanent drainage and ut-7ity easements being 10.00 feet in width measured
inwardly from the perimeter of said Parcel A.
Exhibit B
PARCEL B:
that par( of Lat 1, EUREKA and Lots 99, 100 and 101 of AUD/TORTS SUBDlV/Sl0N
NUMBER 133, Hennepin Counfy, Minnesota, described as follows:
Commencing at a point on the South line of sold Lot 1 distant 6800 feet Easterly of the
Soufhwest comer of said Lot 1; thence on an assumed bearing of North 0 degrees f0
minutes 04 seconds West, parallel with the West line of said Lot 1, o distance of 62D.13
feet; thence South 89 degrees 49 minutes 56 seconds West, a distance of 56.00 feet;
thence North 0 degrees 10 minutes 04 seconds Wesf, a disfance of 52.87 feet to a line
distant 25.00 feet Southerly of measured at right angles to and parallel with the
Northwesterly line of said Lot 99, 10D and 101 said line is hereinafter referred to as Llne
A; thence South 48 degrees 54 minutes 34 seconds West o%ng sold parallel line, a
distance of 95 25 feet fo the point of beginning; (hence South 47 degrees 07 minutes 59
seconds East, a disfance of 175.08 feet to a point distant 491.70 feet North of and on a
line, parallel with fhe Wesf line of said Lot 1 drawn Norfh from a point on the South line
of sold Lot 1 distant 6800 feet Easterly of fhe Southwest comer thereofi thence South 0
degrees 10 minutes 04 seconds Easy along sold parallel I/ne, a disfance of 143.31 feet;
fhence South X39 degrees 48 minutes 43 seconds West, a distance of 44.13 fee(; thence
North 63 degA ees 03 minutes 57 seconds West, a distance of 273.35 fee( to the
intersecfian with sold Line A; (hence North 48 degrees 54 minutes 34 seconds East along
said Line A, a distance of 211.10 feet fo the point of beginning.
Subject to permanent drainage and utr7ity easements being 10.00 feef in width measured
Inwardly from the perimefer of sold Parcel B.
Exhibit C
DRAINAGE AND UTILITY EASEMENT
Date:
(State Deed Tax Exempt)
For valuable consideration, John T. Carter and Anne C. Carter, husband and wife
(collectively referred to herein as "Grantors"), do hereby grant, convey and quit claim to the
City of Shorewood, a municipal corporation organized and existing under the laws of the State
of Minnesota, its successors and assigns, Grantee, a permanent easement for drainage and
general public utility purposes including storm sewer, over, under and across part of certain real
property owned by Grantors located in Hennepin County, Minnesota, described as follows:
That part of Lot 1, EUREKA and Lots 99, 100 and 101 of AUDITOR'S
SUBDIVISION NUMBER 133, Hennepin County, Minnesota, described as
follows:
Commencing at a point on the South line of said Lot 1 distant 68.00 feet
Easterly of the Southwest corner of said Lot 1; thence on an assumed bearing
of North 0 degrees 10 minutes 04 seconds West, parallel with the West line of
said Lot 1, a distance of 620.13 feet; thence South 89 degrees 49 minutes 56
seconds West a distance of 56.00 feet; thence North 0 degrees 10 minutes 04
seconds West, a distance of 52.87 feet to a line distant 25.00 feet Southerly of
measured at right angles to and parallel with the Northwesterly line of said
Lot 99, 100 and 101 said line is hereinafter referred to as Line A; thence
South 48 degrees 54 minutes 34 seconds West along said parallel line, a
distance of 95.25 feet; thence South 47 degrees 07 minutes 59 seconds East, a
distance of 175.08 feet to a point distant 491.70 feet North of and on a line,
parallel with the West line of said Lot 1 drawn North from a point on the
South line of said Lot 1 distant 68.00 feet Easterly of the Southwest corner
thereof; thence South 0 degrees 10 minutes 04 seconds East, along said
parallel line a distance of 143.31 feet; thence South 89 degrees 48 minutes 43
seconds West, a distance of 44.13 feet to the point of beginning; thence
continue South 89 degrees 48 minutes 43 seconds West, a distance of 289.94
feet; thence North 0 degrees 11 minutes 17 seconds West, a distance of 84.21
feet to the intersection with said Line A; thence North 48 degrees 54 minutes
34 seconds East along said Line A, a distance of 61.71 feet to the intersection Exhibit D
with a line that bears North 63 degrees 03 minutes 57 seconds West from the
point of beginning; thence South 63 degrees 03 minutes 57 seconds East, a
distance of 273.35 feet to the point of beginning.
(the "Property"). Said easement being described as follows:
A permanent drainage and utility easement being 10.00 feet in width measured inwardly
from the perimeter of the Property
This easement includes the right of ingress and egress to said easement and the right of
the City of Shorewood and its employees, agents, designees and assigns, to go upon said
easement area at any time to construct and install such drainage, utility and storm sewer facilities
of such type, size, character and in such manner as it may determine, and to use, improve,
maintain and repair such facility and the easement area.
This easement also includes the right of the City of Shorewood to use and remove all
earth, fill, trees, timber, shrubs, grasses and any other materials or objects within the easement
area. Grantee shall, after initial installation of the facilities provided by this easement and after
any future maintenance or repair, restore the land subject to the easement to as near its original
condition as is reasonably possible.
Grantors agree that they will not place objects upon the easement area nor use the
easement area for any purpose that will interfere with the public right, use and operation granted
by this easement.
Grantors covenant that they are the owner of the above-described land and easement area
in fee simple and in possession of said land and that they have good and lawful right to convey
this easement.
This easement shall run with the above-described land and shall be binding upon the
Grantors, their heirs, successors and assigns.
GRANTEE:
CITY OF SHOREWOOD
By:
Its:
By:
Its:
2
GRANTORS:
John T. Carter
Ann C. Carter
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2008, by and the
and of the City of Shorewood a municipal
corporation under the laws of the State of Minnesota, on behalf of the corporation, Grantee.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2008, by John T. Carter and Anne C. Cater, husband and wife, Grantors.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Melchert Hubert Sjodin, PLLP (aab)
121 West Main Street, Suite 200
Waconia, MN 55387
(952) 442-7700
L:\Amanda Bloomgren\Clients\Carter\Drainage and Utility Easement to City Parcel A.doc
3
DRAINAGE AND UTILITY EASEMENT
Date:
(State Deed Tax Exempt)
For valuable consideration, John T. Carter and Anne C. Carter, husband and wife
(collectively referred to herein as "Grantors"), do hereby grant, convey and quit claim to the
City of Shorewood, a municipal corporation organized and existing under the laws of the State
of Mimlesota, its successors and assigns, Grantee, a permanent easement for drainage and
general public utility purposes including storm sewer, over, under and across part of certain real
property owned by Grantors located in Hennepin County, Minnesota, described as follows:
That part of Lot 1, EUREKA and Lots 99, 100 and 101 of AUDITOR'S
SUBDIVISION NUMBER 133, Hennepin County, Minnesota, described as
follows:
Commencing at a point on the South line of said Lot 1 distant 68.00 feet
Easterly of the Southwest corner of said Lot 1; thence on an assumed bearing
of North 0 degrees 10 minutes 04 seconds West, parallel with the West line of
said Lot 1, a distance of 620.13 feet; thence South 89 degrees 49 minutes 56
seconds West, a distance of 56.00 feet; then North 0 degrees 10 minutes 04
seconds West, a distance of 52.87 feet to a line distant 25.00 feet Southerly of
measured at right angles to and parallel with the Northwesterly line of said
Lot 99, 100 and 101 said line is hereinafter referred to as Line A; thence
South 48 degrees 54 minutes 34 seconds West along said parallel line, a
distance of 95.25 feet to the point of beginning; thence South 47 degrees 07
minutes 59 seconds East, a distance of 175.08 feet to a point distant 491.70
feet North of and on a line, parallel with the West line of said Lot 1 drawn
North from a point on the South line of said Lot 1 distant 68.00 feet Easterly
of the Southwest corner thereof; thence South 0 degrees 10 minutes 04
seconds East, along said parallel line, a distance of 143.31 feet; thence South
89 degrees 48 minutes 43 seconds West, a distance of 44.13 feet; thence North
63 degrees 03 minutes 57 seconds West, a distance of 273.35 feet to the
intersection with said Line A; thence North 48 degrees 54 minutes 34 seconds
East along said Line A, a distance of 211.10 feet to the point of beginning.
Exhibit E
(the "Property"). Said easement being described as follows:
A permanent drainage and utility easement being 10.00 feet in width measured inwardly
from the perimeter of the Property
This easement includes the right of ingress and egress to said easement and the right of
the City of Shorewood and its employees, agents, designees and assigns, to go upon said
easement area at any time to construct and install such drainage, utility and storm sewer facilities
of such type, size, character and in such manner as it may determine, and to use, improve,
maintain and repair such facility and the easement area.
This easement also includes the right of the City of Shorewood to use and remove all
earth, fill, trees, timber, shrubs, grasses and any other materials or objects within the easement
area. Grantee shall, after initial installation of the facilities provided by this easement and after
any future maintenance or repair, restore the land subject to the easement to as near its original
condition as is reasonably possible.
Grantors agree that they will not place objects upon the easement area nor use the
easement area for any purpose that will interfere with the public right, use and operation granted
by this easement.
Grantors covenant that they are the owner of the above-described land and easement area
in fee simple and in possession of said land and that they have good and lawful right to convey
this easement.
This easement shall run with the above-described land and shall be binding upon the
Grantors, their heirs, successors and assigns.
GRANTEE:
CITY OF SHOREWOOD
By:
Its:
By:
Its:
2
GRANTORS:
John T. Carter
Ann C. Carter
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2008, by and the
and of the City of Shorewood a municipal
corporation under the laws of the State of Minnesota, on behalf of the corporation, Grantee.
Notary Public
STATE OF MINNESOTA
COUNTY OF
)ss.
The foregoing instrument was acknowledged before me this day of
2008, by John T. Carter and Anne C. Cater, husband and wife, Grantors.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Melchert Hubert Sjodin, PLLP (aab)
121 West Main Street, Suite 200
Waconia, MN 55387
(952) 442-7700
I:\amanda bloomgren\clients\carter\drainage and utility easement to city parcel b.doc
3